Terms And Condition

Entire Agreement

These Terms and any policies, including our Privacy Notice for the App and any operating rules published on the Twixo website (https://twixo.io) regarding relationships with the Merchants, constitute the entire legally binding agreement and understanding between Merchants and Twixo governing their use of the App (“Agreement”). When you use the App, you with this declare and warrant that:

you have read, understand, and hereby agree to be legally bound by and to comply with these Terms in full;
you are an individual with full legal capacity, which means you have reached the legal age and are not restricted otherwise (otherwise, you can use the App exclusively with the involvement of a parent or guardian);
if you act on behalf of the legal entity, you are duly authorised to represent such an entity that owns a Shopify account to enter into this Agreement;
according to your local jurisdiction, you are eligible to enter into the Agreement and have no restriction to use the App;
you comply with these Terms and all applicable laws and regulations.

Twixo Services

The App provides the following functionality (“Services”):

Wishlist – enables the Merchants to engage with End-Users by utilising the products they add to wishlists. With this tool, the Merchants let customers save their favourite products to their wishlist with easy access.

Installation and Account

Installation

You must use your Shopify account to install the App. Your personalized App account (“Account”) will be created automatically using your Shopify store's credentials.Your Account will be activated once you subscribe to the chosen plan and will allow you to administer the App.

Your responsibility is to ensure that your use of the App and Account does not contravene applicable laws, rules, or regulations. You are obliged to keep your Shopify store's credentials up to date.

To reset the setting — tap the “Clear the theme” button, which disables API calls & permissions and removes the files.

To uninstall the App — tap the "Delete" the App button, which will cancel your subscription, remove App’s files from your theme, and your data will be removed from our systems within 48 hours and all backups will be deleted in 7 days.

Subscription

To use the App’s functionality, you must choose one of the subscription plans we offer, which differ in subscription fee, term, number of orders, and available Services list. You can learn more about our subscription plans on the Twixo website.

We reserve the right to change the subscription plans and the list of Services available under them at any time. We will notify you on any such changes.

Trial period

The Merchants are entitled to a 14-day trial period with access to the full functionality of the chosen subscription plan. Please note that the automatic transition to a paid subscription will occur after the trial period ends according to the selected plan with the obligation to pay.

Payments terms

To use the App you must pay the subscription fee.

The payments will be charged monthly or annually (depending on chosen subscription plan) after the end of the trial period. The exact term of charging is defined according to Shopify's policies.

All payments under these Terms are charged automatically via Shopify. The subscription fees paid via third-party payment services may include other mandatory payments (taxes, duties, etc.). These payments are not included in the subscription fees.

When you use third-party payment services, you are subject to other terms of service and privacy notices. We are not responsible for the processing of your personal data by such payment services.

Subscription change and cancelation

You may change your monthly subscription plan through the «Billing» section in the App admin area, which refers you to the pricing page on Twixo’s website. Please contact our support team to switch from an annual to a monthly subscription plan.

It is essential to adhere to the subscription plan terms regarding the limit of the number of orders through Merchant's shop.

If the amount of orders through the Merchant's shop exceeds the limit defined in your subscription plan, you must switch to the appropriate subscription plan. If the Merchant fails to subscribe to an appropriate monthly plan when the shop exceeds the limit defined in your subscription plan, the App's functionality will be limited.

If the Merchant fails to subscribe to an appropriate annual plan when the shop exceeds the limit defined in your subscription plan, access to the App’s functionality will be suspended.

We will notify you via email that a subscription plan change and payment are required. The full access to the Services of chosen subscription plan will be renovated just after the appropriate Merchant's payment.

To cancel the subscription without paying for the subsequent subscription period, tap the “Delete the App” button in the App at least 24 hours before the end of the current period.

Refunds

To request a refund, contact us. You can obtain a refund for the remaining unused period only if the following requirement is met:

you uninstalled the App at the beginning of the subscription period;
The beginning subscription period means to the following:
1. the beginning of the monthly subscription - the first 7 calendar days after the subscription started or renewed;
2. the beginning of the annual subscription - the first 30 days after the subscription started or renewed.

Subscription renewal

Your subscription will be automatically renewed for the subsequent subscription period under the same conditions. You will be charged for the next subscription period unless you cancel at least 24 hours before the subscription renewal date.

Content and intellectual property rights

Twixo Content

The App is owned and controlled by Twixo. Unless otherwise agreed in writing, all materials in the App, including text, graphics, software, information, images, designs, trademarks, logos, photographs, video, sounds, music, and any other materials, and the intellectual property rights in such materials (“Content”) belong to Twixo or is included in the App with the consent of the owner.

Subject to your compliance with this Agreement, Twixo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide licence to access and use the App, the Services and the Content under these Terms for commercial purposes.

Under this licence, you may not:

use any robot, spider, another automatic device, or manual process to monitor, copy, or “scrape” the Content or for any other unauthorised purpose without our prior written consent;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Twixo to protect it;
use the App for illegal purposes;
change or delete any Twixo ownership notices from materials downloaded or printed from the App;
use the Content or any of its elements in any way not provided for in these Terms without the prior written permission of Twixo or owners of the Content.

Any attempt to do so is considered a violation of these Terms and the rights of Twixo. If you violate any of these restrictions, your use of the App will be reviewed and terminated, and you may be subject to legal actions and damages.

Merchant Content

You may submit text, images, photos, documents, information etc. (“Merchant Content”) through the App. You are exclusively responsible for all Merchant Content and the consequences of submitting it through the App. We do not verify the Merchant Content’s accuracy, quality, content or legality. We may, but are under no obligation to review, analyse, filter, edit or remove any Merchant Content. We are not responsible for preventing or identifying infringement of intellectual property rights or non-compliance with applicable laws. Twixo will not be liable, directly or indirectly, in any way for any damage or loss caused or alleged to be caused by or in connection with the Merchant Content.

You are responsible for obtaining all necessary consents, licences and waivers required to submit the Merchant Content through the App. These may include consents, licences and waivers from copyright, trademark and other intellectual property owners, and any other individuals involved in creating the Merchant Content.‍

By submitting the Merchant Content you represent and warrant that:

you own or have the necessary licences, rights, consents and permissions to use and publish the Merchant Content;
the uploading of your Merchant Content in the App and the licences granted to Twixo under this Agreement do not violate the third parties’ rights; and
no payments of any kind shall be due by Twixo to any person (entity) for the use of the Merchant Content.

You retain all rights, titles and interests in and to the Merchant Content you submit through the App. By submitting the Merchant Content through the App, you grant us a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable and transferable licence to use, run, host, reproduce, process, translate, adapt, modify, publish, transmit, distribute and display the Merchant Content.

This licence gives a permission to:

secure, encode, reproduce, host, cache, route, reformat, analyse and create algorithms and reports based on access to and use of the Merchant Content;
use, enhance, personalise, deliver, exhibit, publish, broadcast, publicly display, publicly perform, distribute, create derivative works, promote, copy, store, and reproduce (in any form) the Merchant Content on or through the App.

Personal data processing

Your personal data in the App is processed as indicated in the Twixo App Privacy Notice.

By agreeing to the Terms you agree to appropriate data agreements depending on your residency.

Third-party services and websites

The App may contain links to other websites and services governed by third parties, as well as some features of the App may be made available or accessed in connection with third-party services or content that Twixo does not control.

We are not responsible for the content and services offered through those or any other websites, as well as for any losses, damages, or other liabilities incurred as a result of your use of any third-party websites or services.

You acknowledge that other legal documents may apply to your use of such third-party websites, services, and content.

Warranties and disclaimers

The App is provided «as is». Twixo explicitly disclaims all warranties, express or implied, regarding the App, Content and Services you may obtain or access through the App, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of intellectual property rights.

The Сompany may provide updates to the App from time to time that you may have to install to continue using the App.

We do our best to keep your data safe and secure and maintain the App’s functionality. However, the App may be subject to unavailability for various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited, or curtailed.

We are not responsible for data loss or the inability to use passwords or other information for login or identification.

Twixo does not guarantee that the App will be uninterrupted or error-free, that any defects will be corrected, or that the App is free of anything else harmful.

Limitation of liability

We shall not be held responsible if any information, materials, or the Content available through the App is inaccurate or incomplete and for typographical errors or omissions in the text, or other materials.

In no event shall we or our subcontractors or any other team members be liable for:

any direct, indirect, incidental, special or consequential damages, including lost profits, loss of data, or damage to property, related to the use or inability to use the App;
damage caused by the use of information obtained through the App, caused by a defect in the Services provided under these Terms;
any damage caused by any errors, defects, and interruptions in the App.

We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control.

Twixo shall not be liable for any results of your application of the App in your business activity.

Our liability under these Terms is limited to 0 USD.

Indemnification

You agree to defend, indemnify and hold harmless us from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:

any breach by you of any of these Terms;
your use/misuse of the App;
a violation by you of applicable law, our or third party’s intellectual property or other rights, or any agreement or terms with a third party to which you are subject.

We reserve the right to handle our legal defence; however, we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us, so we execute our strategy.

Applicable law and dispute resolution

These Terms shall be exclusively governed by and construed under the laws of the Hong Kong Special Administrative Region, excluding its rules on conflict of laws.

You agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to these Terms, including, without limitation, those relating to its validity, its construction, or its enforceability shall be settled through amicable negotiations directly with us following the principles of good faith and cooperation.

If attempts to reach a consensus through the negotiations fail, the dispute shall be settled in the courts of Hong Kong Special Administrative Region in accordance with the Rules (or at the initiating party’s discretion – the Expedited Rules) of the Court by single arbitrator) chosen pursuant to the then-applicable Rules. The arbitration proceedings may be conducted in English as agreed by the parties on the language to be used.

Mutual communication

By using the App and providing us with your contact details, you understand and agree that we may send you electronic notifications via email and messengers and services for calls logged by such details regarding, without limitation:

your use of the App;
updates of the App and these Terms;
commercial emails.

You may unsubscribe from receiving commercial emails from us by following the instructions provided in such emails.

You can book a call with our support team, during which we will agree with you on the scope of services, which you need, and an appropriate subscription plan. In addition, we may receive the following information:

your name / name of your entity;
email address;
phone number;
location;
URL of your store;
description of your business;
the reason for contacting Twixo;
technical features of your store.

With the registered Merchants we communicate through:

chat in a messenger;
ticket (email);
phone calls;
Zoom or Google Meet for video calls.

You may receive information about updates and notifications through:

chat in a messenger;
ticket (email);
phone calls;
video calls;
newsletters;
blog posts.

Termination

Termination by Twixo

We reserve the right at our sole discretion with prior notice to modify, suspend or discontinue the App, Content, Services, features, or offers at any time. You agree that we shall not be liable to you or any third party should any of the preceding occur.

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms or applicable laws, including, without limitation, the suspension or termination of your licence and access to the App.

We may cooperate with legal authorities and third parties to investigate any suspected or alleged crime or civil wrong.

Termination by you

You may terminate these Terms by tapping the "Delete the App" button and no longer accessing and using the App or by contacting us.

Termination consequences

In case of termination:

you will lose access to the App, its Services and tools;
all permissions and licences under these Terms will immediately terminate.

Support

We help Merchants with setting up the App with initial settings and fix blemishes if there are any. You can obtain help in the following ways of support we provide:

ticket (email);

If you have a technical issue, contact us and we will tackle it with the help of responsible technical support engineers.

Merchants may complain about the work of the App through the live chat, by sending an email, calling us.

We review complaints, investigate the reasons and problems if there are any and provide solutions. We respond to Merchant’s complaints as soon as possible.

We sincerely ask you to be polite and friendly, or we will not be able to respond to communications that contain offensive remarks.

Merchant Content

you own or have the necessary licences, rights, consents and permissions to use and publish the Merchant Content;
the uploading of your Merchant Content in the App and the licences granted to Twixo under this Agreement do not violate the third parties’ rights; and
no payments of any kind shall be due by Twixo to any person (entity) for the use of the Merchant Content.

This licence gives a permission to:

secure, encode, reproduce, host, cache, route, reformat, analyse and create algorithms and reports based on access to and use of the Merchant Content;
use, enhance, personalise, deliver, exhibit, publish, broadcast, publicly display, publicly perform, distribute, create derivative works, promote, copy, store, and reproduce (in any form) the Merchant Content on or through the App.

Other terms

We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations hereunder. You may only transfer your rights or obligations under these Terms to another individual or entity if we agree in writing.

We reserve the right, at any time at our sole discretion, to modify these Terms. If material changes affect your use of the App, we’ll notify you before the changes’ effective date via email or other communication means mentioned above. If you continue to use the App, you agree to the updated version of these Terms.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, the remaining provisions of these Terms will continue to be fully valid, binding, and enforceable.

A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to the use of the App to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact information

If you have any questions or comments about these Terms or the App, please contact us via support@twixo.io.

DigitSense Limited (“Twixo”)‍

Address: Unit 603, 6/F, Tower 1 Admiralty Centre, 18 Harcourt Road, Admiralty, Hong Kong

Registration number: 73269746.

Terms & Conditions