Effective: 04 June, 2023 Previous versions: 25 May, 2023
This agreement governs your relationship with Neuralab Tech Solutions, a company incorporated in the UAE, Dubai, with the address property № A1103-04, office 1 Tower A, The Opus tower by Omniyat, Business Bay, Dubai, UAE (hereinafter referred as “company”) and your use of company’s mobile app “Twinby” available in App Store and Google Play.
The following basic terms and definitions are to be used in The Terms:
App means Twinby mobile application
Account means personal space created by users for the purposes of the Service’s use
Service means the App and the services provided through it
Content means any and all information published by Users on the App or sent by Users to other Users by using the App.
User, your or you mean the person or persons, using the App and/or using the Services provided via the App.1.ACCEPTANCE OF THE TERMS
The App is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by the Company. The Company makes the App including all information, graphics, documents, text, products and all other elements of the App and all products and services provided through this App and services operated through the App, available for your use subject to the terms and conditions set forth in this document and any additional documents available via the App. By pressing any of the "Sign in" buttons or the "Phone number"button the User acknowledge that:
The User is solely responsible for the safety, security, confidentiality of authorization data, as well as the responsibility for the User's posting of all materials and information in the App.
The Application cannot be used to sell any goods or services, or distribute any promotional materials without Twinby’s direct permission.
The User guarantees that he/she indicates reliable information about himself/herself, and also has the right to use the mobile phone number, email, account in social networks specified during registration or entering into the App.
Twinby has the right to use any Content uploaded by Users in marketing, advertising and other materials.
Users are prohibited from using any insults, obscene language, distributing pornographic materials, as well as materials that may offend human dignity. It is forbidden to post materials that can encourage terrorist activities or actions that are considered a criminal offense, propagate violence, racial discrimination, and addiction. It is forbidden to post Content that violates intellectual property rights of anybody. Twinby has the right to refuse the User’s access to the App in case of violation of the established prohibitions, and according to the relevant instruction of any external authority (when and if applicable).
The Company can block access or restrict the User from using certain features of the App based on the User’s place of residence or citizenship.
The Company reserves the right to edit or delete any Content posted by the User if it does not comply with the Terms or is harmful to Twinby or any third party.
The Terms contain the entire agreement and supersede all prior and contemporaneous arrangements and agreements between the parties. The Terms do not alter the terms or conditions of any other electronic or written agreement you may have with the Company for any service or for any other Company's product or otherwise. In the event of any conflict between The Terms and any other agreement you may have with the Company, the terms of that other agreement will prevail.3.AMENDMENTS
By creating an Account, you represent and warrant that:
a) You are in compliance with section 6 and 7 of the Terms. b) You have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity. The company does not currently conduct criminal background checks on its users. c) You have not previously been blocked or prohibited from using the App. d) You have the right, authority and capacity to enter into this Agreement (to accept the Terms) and to abide by all of the terms and conditions herein5.SPECIAL CONSIDERATIONS REGARDING MINORS
You agree that you will only use the App, including the posting of any content through the App, in a manner consistent with these Terms and any and all applicable local, state, national and international laws and regulations. Creation of the Account is free of charge. Each User can only create one Account in the App. Note that basic settings of the User’s Account, namely phone number, name, date of birth and gender can only be amended once by the User on his/her own.
All the further amendments can only be performed via contacting Twinby customer support at: email@example.com
Even though the use of the App is currently free of charge, the Company reserves the right to provide extra options on a paid basis, allowing Users to broaden the App’s range of functions. The Company may not be able to provide matches for each User seeking to use its services. Furthermore, the Company does not guarantee any number or frequency of matches ’along with such matches’ nature compatibility.7.USERS’ OBLIGATIONS
While using the Service, Users are prohibited:
Except where permitted by law or relevant open-source licenses, reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property.
The User is personally responsible for any information that the User provides within the Service, or communicates with other Users, or for any relations with other Users, all of which are at the User’s own risk.8.ACCOUNT DELETION
The Company is entitled to close Account unilaterally in the following cases:
In addition, the functionality of the App, including access to specific application content may differ depending on the location/residence of the User.9.DISCLAIMERS OF WARRANTIES
Except if otherwise expressly stated by Twinby, the App and/or services related are provided on an "As is" and "As available" basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our app and/or services, including the information, content and materials contained therein.
You acknowledge that information you store or transfer through the app may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet malfunctions, force majeure event or other disasters including third party DDoS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through the app.10.LIMITATION OF LIABILITY
Except if otherwise required by law, in no event shall the company, its directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the App or the company materials, including without limitation any damages caused by or resulting from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorized access to company's records, programs or services.11.THIRD PARTY MATERIALS
You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in this App are vested in the Company and/or its licensors and the Company and/or its licensors are the sole and exclusive owners thereof. All rights in the App not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the App, other Company's products or services except as expressly authorized herein. Except if stated otherwise, the content published on this App may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of the Company is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
The Company hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. The Company disclaims any proprietary interests in the intellectual property rights other than its own.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
By providing any User Content to the Company, you acknowledge and agree that the Company may:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company the written information specified below:
Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed.14.APPLICABLE LAW AND DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
These Terms shall be governed, construed, and enforced in accordance with the law of the UAE.
The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Terms by means of negotiations. The Party that has any claims should send a notification to the other Party describing the arisen claims and/or differences. In case of no agreement during negotiations, the Party shall send a claim to the other Party. The party receiving the claim is obliged to respond in writing to it within 10 (ten) days from the date of receipt.
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the law of the UAE, Dubai.
The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.15.INDEMNIFICATION
You also agree to defend and indemnify the Company if any third party is harmed by Your illegal actions or if the Company be obligated to defend any claims including, without limitation, any criminal action brought by any party. You agree to defend, indemnify, and hold harmless the Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your, or You under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the App, or any of the content contained therein, or Your breach of any of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such a claim or defense at Company's own expense, and choose our own legal counsel, but are not obligated to do so. You hereby discharge, acquit, and otherwise release Company, its parent company, its agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of the App including, but not limited to claims relating to the following: Sexual harassment, negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property, misrepresentation, any financial loss not due to the fault of the Company, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the App, unavailability of the App, its functions and/or services and any other technical failure that may result in inaccessibility to the App, or any claim based on vicarious liability for torts committed by individuals met on or through the App, including but not limited to fraud, theft or misuse of personal information, assault, battery, stalking, rape, theft, cheating, perjury, manslaughter, or murder The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by You. This release is intended by the parties to be interpreted broadly in favor of Us, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.16.ASSIGNMENT
This App is for amusement purposes: 1. Any User accessing the App in an effort to engage in or facilitate illegal or tortious activities shall have their account and/or access to the App and services available therein subject to immediate cancellation, and may be reported to the appropriate law enforcement agency. 2. You understand and accept that if You attempt to contact other Users through the App, all activities or interactions resulting therefrom are solely of Your own volition. You understand and accept that no communications between You and other Users are private. You hereby specifically release the Company and all other Users from any liability for invasion of privacy, defamation, publicity, false light, and related torts, in the event that Your communications or profile are made public. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in this Agreement. 3. We do not endorse, confirm, support, verify or validate the accuracy or the reliability of any of the information posted by Users on this App. This includes but is not limited to User identity, text, photographic images, videos, and any other content. We conduct no background check or criminal history evaluation of Users before or after they register as a User. You are encouraged to thoroughly inspect the credentials and background of any person You have contact or communicate with via the App. 4. You explicitly, expressly, and totally understand and agree that the Company assumes no liability or responsibility, financial, or otherwise for the truthfulness, accuracy, intent, motives, or behavior of anyone in this App. Your contact or communication with Users through this App is at Your own risk. People use the Internet for various motives and intentions. It is Your responsibility and solely Your responsibility to verify the accuracy, truthfulness, good intentions, and motives of anyone that You contact or communicate through the App. We are not responsible and are not liable for any aspect, legal or otherwise, of any conversations, contact, or other information exchanged between Users online or offline.
When interacting with Users of this App, USE COMMON SENSE! Do not provide any personal information to individuals who can misuse that information to Your detriment. While the App may provide a venue for the exchange of information, ideas, and even goods or services, the Company does not act as a guarantor of the accuracy of such information or activity, and all Users are encouraged to approach the veracity of any communications or contact occurring as a result of the App with a healthy skepticism.
If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.18.NOTICES
Without limiting our other remedies, we may limit, suspend or terminate the app and user accounts or portions thereof, prohibit access to our app, and its content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the app if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third-party intellectual property rights.
The Company reserves the right to stop offering and/or supporting the App or part of the App at any time either permanently or temporarily, at which point your license to use the App or a part thereof will be automatically terminated or suspended.
Termination of your Account can include disabling your access to the App or any part thereof including any content you submitted, or others submitted.
Upon termination of this agreement, you will no longer be authorized to use the app in any way.