These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through Twiz, LLC. (the “Site”). These Terms are subject to change by Twiz, LLC.(referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your complete and total acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Prices and Payment Terms.
(a) Prices posted on this Site may be different than prices offered by us at any time and at our sole discretion. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes if any. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer from time-to-time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You understand, acknowledge, and agree that you will contact us first to resolve any controversy or dispute before disputing any charges by us with your credit card company.
(d) You understand, acknowledge and agree that you are enrolling in a subscription service that will automatically continue and you will be billed at the then current list prices (subject to future price adjustments) until otherwise terminated in accordance with this agreement.
4. Termination. This agreement may terminate this agreement at the end of the contract term for any reason (or no reason whatsoever), provided we provide the other with a 30-day written notice before the end of the contract term expiration date. Should you have a payment due to Twiz within the window of the 30-day written notice, you are still required to make that payment. For example, if you provide us notice on July 4th of cancellation but your next subscription payment is on July 10th, your subscription will expire on August 4th and you are still required to make the July 10th payment.
The limitation of liability set forth above shall only apply to the extent permitted by law.
7. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://twiz.io/privacy-policy/, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
8. Your Responsibility for Compliance on Social Media. Some of our products and services use social media to maximize your benefits and performance when using our services. While we endeavor to maintain compliance with the terms of use and/or terms of service on many social media platforms, please understand that it is your responsibility to determine which of our products and/or services are compliant with the social media sites you choose to use.
9. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic (including Covid-19), lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
11. Dispute Resolution and Binding Arbitration.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
12. Mutual Anti-Harassment Policy. We strive to treat all of our customers, vendors, and stakeholders with the upmost respect and professionalism. We ask that you do the same. Any Harassment of our personal or Twiz, LLC. In general, including any disparaging remarks, slander, or libel on social media, or online in general will not be tolerated and may result in your immediate termination of our services (notwithstanding Section 4 of this agreement) without a refund for services already paid.
13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Twiz, LLC.
15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
16. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email; or (ii) by personal delivery, overnight courier, or registered or certified mail to Twiz, LLC. 4701 Warner Ave 112, Huntington Beach, CA 92649. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
17. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement. These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on all matters contained in these Terms.
Integration and Use of Stripe and Calendly Data
By enabling integration with Stripe and Calendly services ("Third-Party Services") within Twiz, LLC’s software products (standard or customized) ("Software"), you, the user, hereby consent to allow Twiz, LLC's development team ("Authorized Team") to access, view, and utilize your data from these Third-Party Services strictly for the purpose of enhancing your experience with the Software.
Data Privacy and Access
Twiz, LLC’s Access to your Stripe and Calendly data is exclusively limited to the Authorized Team and is safeguarded against disclosure to unauthorized personnel. Your data is considered private and confidential; it is stored securely and is inaccessible without proper authorization to the Software's backend systems.
Usage Restrictions
The collected data through Third-Party Services will not be utilized for any form of outreach to prospective clients or for the identification of sales opportunities by Twiz, LLC. The primary use of such data will be to generate personalized recommendations aimed at the growth and efficiency of your sales team and business operations.
Data Management and Removal
You retain the right to disconnect the integration with Third-Party Services at any point, which will result in the cessation of new data being received by the Software. Should you wish to have all previously acquired data removed, a request can be made to Twiz, LLC, and Twiz, LLC will expeditiously delete all such data from our records.
Special Provisions for Twiz, LLC Clients
In the event that you are a client of Twiz, LLC, the marketing team at Twiz, LLC may be granted access to your Stripe and Calendly data solely for the purpose of providing enhanced support and customized marketing initiatives. This access is governed by the same stringent privacy and data management policies as outlined herein.
Acknowledgment
By using the Software and enabling the integration with Third-Party Services, you acknowledge and agree to the terms set forth in this clause.
