Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Twyne platform and related services (collectively, the "Service") provided by Ifficient, Inc. ("Twyne," "we," "us," or "our"). By creating an account or using the Service in any way, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

1. The Service

Twyne is a performance marketing platform that provides lead management, lead distribution, ping tree routing, click tracking, and ad-serving capabilities to businesses ("Customers"). We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

2. Account Registration

To use the Service you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must notify us immediately at support@twyne.io if you suspect unauthorized access to your account. Twyne is not liable for any loss resulting from unauthorized use of your credentials.

3. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service to collect, process, or distribute data in violation of applicable privacy laws, including but not limited to the TCPA, CAN-SPAM Act, CCPA, GDPR, or any other applicable federal, state, or international law;
• Generate, distribute, or facilitate spam, robocalls, or unsolicited communications;
• Transmit false, misleading, or fraudulent lead data;
• Attempt to gain unauthorized access to any part of the Service or its related systems;
• Reverse-engineer, decompile, or disassemble any part of the Service;
• Resell or sublicense access to the Service without our prior written consent;
• Use the Service in any manner that could damage, disable, overburden, or impair it.

We reserve the right to suspend or terminate accounts that violate these restrictions, without prior notice and without liability to you.

4. Compliance with Laws

You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations. This includes, without limitation, laws governing lead generation, consumer privacy, telemarketing, and data protection. Twyne does not provide legal advice, and nothing in these Terms should be construed as such.

5. Payment and Billing

Access to the Service may require payment of subscription fees as set out in your order form or on our pricing page. All fees are quoted in US dollars and are non-refundable except as expressly stated in these Terms or as required by applicable law. Twyne may change its pricing at any time upon thirty (30) days' written notice. If you dispute any charge, you must notify us within thirty (30) days of the charge date. Failure to pay may result in suspension of your account.

6. Free Trial

We may offer a free trial period. At the end of the trial, your account will automatically convert to a paid plan unless you cancel before the trial ends. We reserve the right to modify or cancel free trial offers at any time.

7. Intellectual Property

The Service, including all software, algorithms, interfaces, content, and documentation, is the exclusive property of Twyne and its licensors and is protected by intellectual property laws. These Terms do not grant you any ownership interest in the Service. You retain ownership of any data you upload or transmit through the Service ("Customer Data"). You grant Twyne a limited, non-exclusive license to process Customer Data solely to provide and improve the Service.

8. Confidentiality

Each party agrees to keep confidential the other party's non-public business information disclosed in connection with the Service ("Confidential Information") and not to disclose it to third parties without prior written consent, except as required by law or to enforce these Terms.

9. Data and Privacy

Our collection and use of personal data in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference. To the extent that you process personal data of third parties (such as lead contacts) through the Service, you represent that you have the legal authority to do so and that you have obtained all required consents.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. TWYNE DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TWYNE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TWYNE'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO TWYNE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Twyne and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any Customer Data you process through the Service.

13. Termination

Either party may terminate these Terms at any time upon written notice. We may suspend or terminate your access to the Service immediately without notice if we determine, in our sole discretion, that you have violated these Terms. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will survive, including Sections 7, 8, 10, 11, 12, and 15.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the effective date above and, where the changes are material, provide notice via email or a prominent notice in the Service. Continued use of the Service after updated Terms take effect constitutes your acceptance of the changes.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado. You waive any objection to such jurisdiction or venue.

16. General

These Terms, together with the Privacy Policy and any applicable order forms, constitute the entire agreement between you and Twyne with respect to the Service and supersede all prior agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17. Contact Us

If you have questions about these Terms, please contact us:

Ifficient, Inc. (Twyne)
1500 W 38th Ave.
Denver, CO 80202
support@twyne.io
800-619-9870