Twiddle Inc. Terms of Use


Effective: January 15th, 2019

  1. General


    Welcome to Twiddle.

    These terms of use, as updated from time to time, govern your access to and use of the software applications that Twiddle Inc. (the “Company”, “we”, “us”, or “our”) makes available, and any sound recordings, videos, text, graphics, information, photos, or other content materials uploaded, downloaded or appearing on them, whether utilized via the Twiddle mobile app (the “App”) or viewed via the Twiddle website available at http://www.twiddle.me/ (the “Website”), the Website and the App together referred to as the “Service”.

    BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SERVICE.

    Furthermore, in relation to an arbitration clause contained below -and without limiting to the express language of the corresponding Terms of Use-, you agree that by installing, accessing, or using the service, ANY DISPUTES WITH US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE COMPANY ARE EACH WAIVING ANY RIGHT TO PARTICIPATE IN A TRIAL BY JURY OR PARTICIPATING IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

    The Service is provided by Twiddle Inc., whose registered place of business is at 2100 Geng Rd., Suite 210, California 94303, USA.


  2. The Service




    1. The Service is a hosting service which allows registered users (the “Users”) to create, upload, post and share personal videos (“User Videos”), where the Users may mix the ambient noise with sound effects and musical works. This is purposed only for non-commercial use, for the User’s personal entertainment.

      At the same time, the Service provides a new gateway for sound licensors as well as upcoming and established artists to promote audio content so as to gain new fans, while they enjoy our cooperation and support in providing to them new audiences.

      “LET AUDIO PROMOTE ENTERTAINMENT & LET ENTERTAINMENT PROMOTE AUDIO”.

      Our Service is new, and is subject to a period of testing.


    2. In particular, the Service provides the tools for registered users to create User Videos where they mix the ambient noise with sound effects and Royalty free musical works, collectively referred to, as the “Sounds”, which are included in a locally provided library.

      Each User Video creation can be up to 20 seconds long, however each of the incorporated Sounds (with any musical works embodied therein) may have shorter (or a lot shorter) duration. The user may incorporate up to 3 Sounds in each creation, may Sync them (shift their position) to the desired part of the User Video, and appropriate their volume level and length (use shorter or longer portion of a Sound in best effort that they do not overlap with each other) – mash ups not allowed, Users have to respect the Artist’s works.

      The User may post User Videos within the platform, save them locally to their personal device, while through their device’s functionality it is possible to upload to third party social media platforms, subject to these Terms of Use, Privacy Policy, and to any restrictions that may be imposed by copyright owners of sounds and musical works.

      We take any reasonable effort, and ask and expect for the Users to do the same, to respect restrictions and copyrights, as follows:

      • You should use the Service only for personal entertainment, non-commercial use (see also section 2.7). You may be subject to liability for your failure to do so in the event of any unauthorized Posting of musical works in User Videos.

      • Avoid overlapping of musical works (Sounds). Mash-ups not allowed, respect the artists’ creations.

      • Not use the sounds in a way that would insult, intimidate, or defame other users. (See also section 3.8 and section 10).

      • User Videos must exclude Broadcast Content. You are solely and completely responsible for that and obtaining any necessary rights, clearances, permissions or authorizations for posting or sharing, even if that content was made available through a library in our platform, and you may be subject to liability for your failure to do so.


      Occasionally, certain Sounds -or small portions of musical works- may appear along with a promotional URL-link, which forwards to an external third-party service through which the user may optionally purchase the Sound. If the User proceeds in doing so, they are forwarded directly to the third-party service and any possible transaction takes place without any involvement and without any profiting of our App at such purchase.


    3. The Services offered by us, as well as any new Services that will be coming from time to time are subject to a period of testing, which means that they may not perform with complete functionality, may be undergoing tests, they may be inconsistently available, or have other issues affecting functionality and availability, or may have software “bugs”, all of which which we will try to fix in reasonable time. The App is provided, and you agree that it is accepted by You, on an “as is” and “as available” basis, without warranties of any sort, and the Company’s liability to you is limited by the terms herein, and the Privacy Policy. Under no circumstances will we or our respective affiliates, subsidiaries, suppliers and the respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business opportunity, or loss of data.


    4. From time to time the software may automatically download and install updates, upgrades, or new features. As part of the Service we may regularly update you on new content and features, and provide you with certain administrative messages or other announcements. From time to time, we may also release new versions of the App, introduce new tools, features, or services. These will also be subject to these Terms of Use, and any additional Terms of Use that may be introduced. You may not use these new versions, tools, features or services, until you have accepted any new terms.


    5. You do not have the right to receive any income, or monetize, or obtain earnings for your created videos embodying Sounds though the Service and the sound-related works, recordings, or the clips created through the use of it, and you do not have the right to claim a video on YouTube for monetization purposes.


    6. This Service is licensed to you, and is provided by Us for free for your personal self-expression, enjoyment, and increase of self-exposure. It is not sold to you. In return, you agree that the Company may generate revenues or/and increase goodwill or its value from your use of the Service, including -in a non limiting example- through accepting advertising and promotions, through usage of data, sponsorships, and you will have no right to claim share in any such revenue or goodwill or value of any form.


    7. The use of the Service may be subject to third party terms and conditions, limitations, and fees, including -but without limiting to that- your mobile network’s terms and conditions, connection fees, limitations on data usage, fees on overage, which are exclusively your responsibility. In addition, downloading, installing, or using certain Services may be prohibited or restricted by your mobile carrier, and you are solely responsible for determining with your mobile carrier if any restrictions may be applicable to your use of the Service.


    8. We reserve the right to block certain content owned or controlled by third parties, or content under dispute, for which blocking you hereby authorize us. We also reserve the right to suspend, block, discontinue, withdraw, take down or amend all or part of the Service and all or part of the content available on the Service at any time, to reflect the law, or changes to the law, or disputes, or new technical developments, repairs, updates, maintenance, temporarily or permanently. This may result in you not being able to use the Service, or view any of your posts, temporarily or permanently.


    9. Private Account. Except for a period after our launching, you may be able to restrict access to your User Videos and/or Content, by selecting the corresponding privacy setting within the App. This allows you to control whether your posts are publicly available to all the Users or only to your followers.


    10. You acknowledge and accept that the Service gives you the possibility to see who saw your posts, and correspondingly to let others know when you saw their posts. Also, you acknowledge and accept that the Service gives you the possibility to like, comment, connect with, follow, and message your friends and others who are also using the Service, and receive alerts or other notifications.


    11. Your access to and use of the Service is also subject to the Company’s Privacy Policy which is incorporated herein by reference, as well as to all applicable local, state, national, and international laws, rules, and regulations, which you agree to comply with.


    12. You consent to the collection, use, and disclosure by us of your personally identifiable information, including location information by accessing the Service, in accordance with our Company’s Privacy Policy.


    13. You acknowledge and agree that your content might become unavailable for any number of reasons, including things like an operational glitch or a decision on our end to terminate your account, so we can’t promise that your content will always be available.


    14. We make no promise that we will be able to accommodate your storage needs overtime. We reserve the right to set storage limits to our service, and we may change these limits from time to time in our sole discretion.


    15. CREATORS of audio. We wish to support creators through our platform, both new and established, we accept and welcome submission of your audio content. However, we reserve the right to decide at our own discretion if we will incorporate your submitted audio to the library of available Sounds in our App (we can incorporate only a fraction of the sounds submitted), the length of time it will be available in our library, the segment of it that will become available (if not all of it), and the position of its appearance.

      By sharing or submitting such content with us, you warrant that you own all rights in and to that audio content, and that you are not breaching any other party’s copyrights or contractual rights, or rights to publicity or privacy. At the same time, by submitting the audio content you are granting Us and the Users of the Service the irrevocable right to reproduce sound recordings, throughout the globe, all on a royalty-free basis, without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner or musical work copyright owner (i.e a record label, or a music publisher), a performing rights organization (i.e. BMI, ASCAP, SESAC or any other), a sound recording PRO, or other royalty participants involved in the creation of the corresponding User Content (i.e. producers, engineers, unions, guilds, etc). Upon making available this content through our App, the submitter’s name will be appearing in the corresponding sound’s button in the App’s library, and the sound’s title will be appearing in the Users’ produced videos.

      You may submit your audio to us through our web page. We shall make any reasonable effort to respond to your submissions, but in case of a large number of submissions we may be unable to respond (we are currently a small team).

      If you wish that we include a promo link on the App’s button which displays your audio, linking to an external service through which a User can purchase your audio creation, please note that we currently do not gain any profit from the availability of the aforementioned Service. However, we reserve the right for delivering this service differently in future (in which case we shall inform you of any changes in advance through the email address you provided).

      The rights you grant Us through these Terms of Use include a through-to-the-audience basis, which means that the operators of External Sites will not have any liability to you or any other third party for User Content Posted on them through the Service.

      If you are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant to Us through these Terms of Use, and you are solely responsible for ensuring your compliance with your reporting obligations to this PRO. Or, if you have assigned your rights to a music publisher, then you must obtain the consent of that music publisher to grant Us this royalty-free license, or have such music publisher come into an Agreement with us. Furthermore, if you are under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you may have to your record label.


  3. User’s Registration and Use of the Service




    1. THE SERVICE IS NOT FOR PERSONS UNDER THE MINIMUM AGE. You may use the Service either if (a) you are eighteen (18) years old or older, or (b) if you are thirteen (13) years old or over and have permission to use the Service from your parent or legal guardian who is at least 18 years of age, or (c) specifically concerning users in the European Union, if you are sixteen (16) years old (or the lower age that your country has provided for you to consent to the processing of your personal data). By using the Service, you promise to us and affirm that either of these holds. If not, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR MANNER. Furthermore, you are NOT allowed to use this Service if (i) you have been PREVIOUSLY SUSPENDED OR REMOVED from the Service by Us, or if (ii) you are a person who is barred from receiving the Service under the laws of the United States or any other applicable jurisdiction, appearing on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition. If we reasonably believe that you do not fulfil all these criteria, we may suspend your use of the Service until you have provided us with acceptable proof of the contrary.


    2. We clearly advise parents who permit their children to use the Service to be aware that the content made available on the Service is user-generated and may not be suitable for children.


    3. To access or use some of the Services via the App or via the Website, you must register an account with us. To register, you must provide us with certain information, such as your email address, birthday, a username and password of your choice. You also need to allow us to access your geolocation in order for us to provide content concerning your region. Your username and profile photo will appear alongside any content you upload to the Service. You must make sure that your username appropriately complies with our Terms of Use. Your registration is subject to our confirmation. We reserve the right to disallow, cancel, remove, or reassign a username if we determine this to be appropriate in our sole discretion, and may, with or without prior notice, suspend, disable, or terminate your Account if your activity is found inappropriate in our sole reasonable discretion, or violates these Terms of Use, or causes damage to or impair the Service, or infringes or violates any third party rights, or may breach security, or violates any applicable laws or regulations.


    4. Accuracy of Information. Your account is personal for your own, non-commercial use. You promise and affirm that the information you provide when creating an Account is true, accurate, current, and complete, you will update it promptly as necessary to keep it current and accurate, and that your password is secure and confidential. If messages sent to your provided e-mail address are returned as undeliverable, then we may terminate your Account immediately without notice and without any liability to you or any other party.


    5. You are responsible for your account with us and any activity that takes place on your account, whether or not such activity was authorized by you.


    6. Access to and use of the Service requires a compatible device. We try to ensure but we cannot guarantee that the Service will work with all devices. Your use of the Service may vary in functionality, availability and quality depending on the type of the device and the operating system, and we accept no responsibility for any lack of functionality that is due to your equipment, internet connection, operating system or settings.


    7. It is your responsibility to pay all costs and expenses that you may incur while using the Service, including, but not limited to, line charges, data charges, text messaging charges, roaming charges. If you’re unsure what those charges may be, you should ask your service provider before using the Service.


    8. You should respect the rights of others. You should not use the Service in a manner that violates or infringes someone else’s rights of publicity, privacy, intellectual-property, or intimidates, defames, bullies, harasses or spams or solicits other users. You are fully responsible for the material you upload and you do it at your own risk.


  4. Rights and Licenses that we Grant you




    1. We grant you a personal, non-exclusive, worldwide, royalty-free, non-assignable, non-transferable, revocable, and non-sublicensable license to access and use the Services, for the sole purpose of letting you use and enjoy the Service and its benefits in strict compliance with the provisions of these Terms of Use and Community Guidelines. NO RIGHTS ARE LICENSED WITH RESPECT TO MUSICAL WORKS EMBODIED THEREIN. YOU USE ALL SUCH CONTENT AT YOUR SOLE RISK EVEN THOUGH SOUNDS MAY BE MADE AVAILABLE TO YOU THROUGH THE SERVICE.


    2. Nothing in these Terms of Use grants you a license to reproduce, alter, distribute, communicate to the public, publicly perform, synchronize or otherwise use and exploit any third party recordings or musical works in your created and uploaded videos. You are solely responsible for clearing the rights to any third party content.


    3. The Service is provided for your personal, non-commercial use. You obtain no copyright or other interest in any Sound used by you on or through the Service. You hereby acknowledge and agree that if you desire to Post to external sites you must obtain all necessary consents from owners of any third party content included in your video. For the avoidance of doubt, you are solely responsible for obtaining any necessary rights, clearances, permissions or authorizations to use, modify, change or adopt any third party content in user videos or broadcast content. Infringing activity will not be tolerated at or via our Service. Furthermore, we do not grant you any right to use videos or any content on the Services for any commercial purposes, nor should you help anyone else in doing so. You are expressly prohibited from monetizing any videos or User Content.


    4. Nothing in these Terms of Use authorizes you to modify, change, or adapt the lyrics or fundamental character of any musical work or sound recording. Neither to create overlaps or mash ups of Sounds, if you do so you are solely responsible for clearing the rights to any third party content, obtain permit from the source, and you acknowledge and agree that you do any such uploading, posting, or sharing of your created user content at your own risk, and you agree to pay all monies owing to any person as a result of Posting your User Content on the Service. We reserve the right to transmit a User’s contact data to a rights owner who has substantiated an infringement by such user, for the purposes of applying their rights. Furthermore, all information submitted by the rights owner may be forwarded to the poster of the content, or otherwise made public in any way by Twiddle Inc. or via a third party.

      IN NO CASE SHALL TWIDDLE, ITS DIRECTORS, OFFICERS, CONSULTANTS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES.


  5. Rights and Licenses that you Grant to Us




    1. By creating, uploading, posting, sharing, receiving, any User Content to the Service, you grant us an unrestricted, perpetual, worldwide, non-exclusive, royalty-free, sublicensable, transferable license, to use, reproduce, distribute, share, publically display, edit, adapt, create derivative works of, compile, make available, distribute, communicate to the public and perform your User Content –including on a through-to-the-audience-basis, for the non-limiting purpose of exhibiting, broadcasting, publicly performing, publicly displaying, redistributing, exploiting, sublicensing, promoting part or all of that content, either in our Service or in any media, along with your username, image, likeness, voice, without notice to you and without obligation to pay royalties to you or any other liability to Us, for the purposes of promoting and advertising our Service and our company, sharing your content to other Users of our Service, sublicense other Users with the right to alter the audio content of your creation and send it back to you. This license is irrevocable and perpetual (it survives after you may terminate the use of our Service or delete User content), so you must not post or transmit User content that has confidential or proprietary character.


    2. You are responsible for, and you must have the rights to the Content You Post. You must not Post User Content, if you are not the copyright owner of all elements of it (including embedded musical works), or if you do not have authorization, permission or sufficient rights by the copyright owners to do so. By posting any User Content you warrant that you satisfy the above, and that your User Content does not violate the copyrights, publicity rights, intellectual property rights, and privacy rights of any person visible in your User Content, and that it does not result in a breach of contract between you and a third party. You also warrant to us that the posting of your User Content on the Service will not require us to obtain any further licenses or pay any royalties, compensation, fees, or other amounts or provide any attribution to any third parties.


    3. You are solely responsible for your use of the Service and any sound recordings, videos, words, information, messages and any other content that you upload to or create via the Service, whether that content is sent privately or posted publicly. Any User Content is controlled solely by you. We cannot, and do not pre-screen any User Content. We reserve the right –but not the obligation– to review or remove content that we consider to violate these Terms of Use, but as we do not pre-screen it, we do not take responsibility for any content that you provide through our Service. We do not tolerate bad use of our Service, but since we cannot review all content, we can’t guarantee that content will always conform to our Terms or Community Guidelines. Furthermore, we may remove content in response to complaints from other Users or licensors, with or without notice and without any liability to you. As a result, we recommend that you save copies of any video that you post if you want to maintain a copy of it.


    4. Regarding your created content, you retain ownership of any rights you may had in your user content to begin with. Uploading, posting, sending or receiving your User Content does not transfer ownership of rights. You acknowledge and agree that NO USER VIDEO WILL BE CONSIDERED TO BE A SEPARATE COPYRIGHTABLE WORK AND ALL RIGHTS IN EACH USER VIDEO WILL REMAIN WITH THE OWNERS OF THE CONTENT USED TO CREATE SUCH USER VIDEO.


    5. You agree that we are not liable for any loss, or damage of any kind, or death, incurred as a result of the use of Service or any User Content posted, transmitted, shared, or otherwise made available via the Service or broadcast elsewhere by you. Furthermore, you acknowledge that we cannot control material content or communications posted via the Services or opinions expressed therein. So reliance by you on any content or information or materials obtained through the Service is at your own risk. For the avoidance of doubt, the Company will not be liable for any unauthorized use of User Content by any User, including you.


    6. If we believe, in our sole discretion, that there has been a breach of these Terms of Use, we may take any action we think is necessary to protect the Service and its users. We may remove your User Content from the service, withdraw your right to use the Service, and we will take legal proceedings against you and other action we deem appropriate, to hold the Company harmless and claim to get back any amount that we had to pay in damages, fees, and charges, because of your User Content. You agree that you will indemnify and hold the Company harmless from any and all claims arising out of your posts or sending of messages to any Users. You are responsible for all associated fees and charges associated.


    7. You agree to comply with all applicable laws in relation to your use of the Service, and that the content you upload will not contain any content, information or material that infringes the rights of any third party, including trade mark rights, copyrights, confidential information, and privacy rights. We reserve the right to transmit a user’s contact data to a rights owner who has substantiated an infringement by such user, for the purposes of applying their rights.


    8. All rights, titles and interests in and to the Service, including any and all trademarks and other intellectual property rights (excluding any User Content and other content uploaded or otherwise provided by users) are and will remain the exclusive property of Twiddle Inc. or its licensors.


    9. You understand, consent, and agree, that we may collect and use technical data including, but not limited to, data concerning audio files resident on your mobile device (sound recordings and metadata), system and application software, that we will use to facilitate product support and the provision of software updates.


    10. We always welcome suggestions and feedback from you. But if you volunteer suggestions or feedback (i.e. for services, features, modifications, enhancements, content, technologies, refinements, offerings, promotions, feature names, artwork, computer code, or any other materials), you accept that we can use your ideas without compensating you, regardless of what your accompanying communication may say. Furthermore, you agree that your feedback is provided on a non-confidential basis, and the Company is not under any obligation to refrain from using or disclosing it in any way.


  6. Copyright




    1. Twiddle respects the intellectual property rights of others, and we ask and expect for our users to do the same and take this seriously. Our users may find through our App sound effects, royalty free musical works, and occasionally short samples of musical works, for making creative short video stories for their personal use and entertainment. Our App makes no profit out of this. We want our users to be creative and enjoy our platform whilst benefiting artists since we believe that Twiddle is a new gateway to promote content and gain new fans. Along these lines we are working in preparing to extend the availability of music and sounds by creating deals with record labels and artists.


    2. As a condition for you to access and use our Services, you agree not to use the Services to infringe with any intellectual property rights of others, for example you must not upload or share content which is owned by another person or entity. We reserve the right to remove or disable material upon notice from an intellectual property owner or their agent, or/and upon our belief in good faith that it is infringing the intellectual property of a third party by being made available via the Service. We also reserve the right to remove User Content uploaded by Users that have received a single notification of claimed infringement, as well as to terminate immediately a User Account of any “repeat infringer” that have received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content.


    3. Artists should take notice that we are merely a hosting service for User Content and we have no control over our users’ usage of it. Any user of our App is solely responsible for the use of the platform, and the use of its contents and its distribution, in accordance to our Terms of Use. If you believe a User of the Service violates the Terms of Use or/and uses content in a way that is beyond fair use and infringes your copyright, we recommend contacting the relevant user directly and attempting to reach a mutually agreeable solution. If this does not result in a satisfactory outcome, please report it to us via email to copyright@twiddle.me . You understand that we may forward your notification to the user of the allegedly infringing content for a counter statement.


    4. Should any artist feel differently, Twiddle provides the following procedure for filing a “Notification of Claimed Infringement” claiming removal of all content adequately proven to be intellectual property of the applicant. Upon approval of said application we will remove the specific embodiment from all the users’ creations or the entire creation temporarily or permanently with or without notice to the user and we may or may not restore it at any point, only with the artist’s written consent. The procedure to follow is in compliance with the requirements set forth at 17 U.S.C. § 512(c)(3), and has to include substantially the following:

      1. The applicant’s email address, a phone number, and a physical address, so that we and/or the uploader of your work can reach you.

      2. Identify the specific material that is claimed to be infringing and that is to be removed, and information reasonably sufficient to let us locate that material.

      3. A detailed description of your copyright work, and the URL or other identification of your allegedly infringing work.

      4. A personal statement that you have a good faith belief that the use of the material in the manner complained is not authorized by the copyright owner or its agent or the law, and you believe its use or hosting goes beyond fair-use.

      5. A statement made under penalty of perjury that you are the copyright owner or you are authorized to act on behalf of the owner, and that the information in the notification is full and accurate.

      6. Have the above statements carry your physical or electronic signature (which may be a scanned copy) and your full name (not company name).

        Please send the above preferably by email to copyright@twiddle.me , or otherwise by post to

        Twiddle, Inc.
        Attn: Copyright Agent
        2100 Geng Rd. ste210
        Palo Alto, CA 94303, USA.


    5. All information submitted may be forwarded to the poster of the content, or otherwise made public in any way by Twiddle Inc. or via a third party.

      If a party submits a notification of claimed infringement in violation of the law, we reserve the right to seek damages.


  7. Advertising


    The Service may contain advertising. This may display in conjunction with your use of the Service, and may sometimes appear near the content that you provided to the Service.


  8. Privacy


    Your privacy matters to us. All personal data that you provide to us in connection with your use of the Service is collected, used and processed by us in accordance with applicable data protection laws and our Privacy Policy. We encourage you to carefully review the Privacy Policy because by using our Services, you agree that we can collect, use, and share your information in consistency with that policy.


  9. Special Features


    This section of the Services concerns new features that may be added to the Service from time to time, and may be updated or added with a new subsection associated with such new features. Whenever needed we may require you to accept corresponding new terms in order to continue using the Service.


  10. Restrictions and Safety


    User safety is of extreme importance to us, we try hard for it, but we can’t guarantee it. For best safety and protection, you agree that:

    1. Your use of the Service will be in compliance to all applicable laws as well as these Terms of Use.

    2. The content you upload will not contain any material, content, or information that is offensive, abusive, insulting, defaming, intimidating, unfounded, bullying, discriminatory, violent, obscene, indecent, sexually explicit, violates any applicable laws, promotes or encourages violence, terrorism or any other illegal acts, or is likely to harass, embarrass, upset, alarm, or annoy any person, or encourage activities which could endanger the safety or wellbeing of others, or in any way incite anyone to commit or assist in any unlawful or criminal activity or anti-social behavior, or identify any person without their consent -or the consent of their parent or legal guardian if they are under 18 years of age.

    3. You will not post content that discloses anyone’s personal contact details, or confidential information, such as credit card numbers, account passwords, addresses, phone numbers, email addresses, personal identity document, etc.

    4. You will not post content that contains pornography, graphic violence, threats, hate speech, promotes bullying or trolling, or incitements to violence.

    5. You will not use the Service in a way that would distract you from obeying traffic or safety laws, neither would put yourself or others in danger for capturing a video or creating User Content.

    6. You will not do, or attempt to do, or cause any third party to do or attempt to do, use the Service in a way that could damage, disable, overburden, or harm the Service, systems or security in anyway, or to copy, decompile, modify, reverse engineer or attempt to extract the source code of that software, test or probe or scan the vulnerability of our Services or any system or network or interfere with any part of the Service.

    7. You will not use any manual or automated means or any third-party applications to interface and extract other user’s information, or interact with other users’ content or information.

    8. You will not solicit login credentials from another user, and will never use or attempt to use another user’s account, username, or password without their permission.

    9. You will not distribute, sell, or lease any part of our Services, or carry out any actions that would infringe with our own intellectual property.

    10. You will not use spider, crawler, scraper, robot, or hack, or insert malicious code, including viruses, worms, spyware, or harmful data to the Service, or use a program that may or is intended to inhibit other users from fully enjoying the Services, or attempt to circumvent any content-filtering techniques we employ or to disable, overburden, damage, impair, or hijack the operation of any hardware, software, equipment, or any other aspect of the Service or equipment connected to it, or violate the regulations, policies or procedures of networks or servers, or otherwise compromise the security of the Services.

    11. You will not encourage or promote any activity that violates these Terms, and you will respect other people’s rights.


  11. Your Account




    1. You are responsible for the security of your Account, and are fully responsible for any activity that occurs in it. Therefore it is important that you select a strong and unique password that keep your account secure, you will not share your password, and that you will notify the Company immediately at contact@twiddle.me if you suspect or know of any unauthorized use of your log-in credentials.


    2. The Company will not be liable for any loss or damage arising from unauthorized use of your account, prior to you notifying Us of a breach of security or of unauthorized use or loss of your credentials.


    3. You will not create another account if we have already disabled your account, unless you have our written permission to do so, and you will not log in or attempt to access the Services through unauthorized third-party accounts or third-party applications, and you will not buy, rent, or sell access to your account.


    4. If you change or deactivate the mobile phone number that you used for creating your Twiddle account, you must update your account information through Settings within 3 calendar days to prevent from sending messages intended for you to someone else.


  12. Third Party Services


    The Service allows for access to services, features, or functionality that is operated by a third party (including but not limited to, social applications like Facebook and Instagram). We do not control such third party sites or services and are not responsible for the content or functionality of such sites or services. Each party’s terms govern the respective party’s relationship with you. Inclusion of any links does not imply any endorsement or association with other operators, and you accept that we are not responsible nor liable for anything that is done by you or for a third party’s terms or actions in connection with your use of their service.


  13. Termination




    1. We hope you remain a lifelong User, however you may terminate your use of the Service at any time and for any reason by deleting your account. Note that the deletion of the App from a device does not delete your account, profile, and User Content you have uploaded until then, which remains on the Service. To delete your account and profile, you can contact us at contact@twiddle.me and we will take care of this for you, or -depending on the platform of your device- you may do this by yourself, please go to the section “profile settings” and chose the option “delete account”. You will be asked to type your password, to confirm the action. Upon deletion, your account and data will be deleted permanently from our servers and will not be possible to retrieve later.


    2. We may suspend or terminate your use of and access to the Service at any time and for any reason, in our sole discretion. Such suspension or termination will be without prejudice. We also reserve the right to change, suspend, or discontinue all or any part of the Service, or all the Services altogether. We may take any of these actions at any time, without prior notice or liability. If there are any claims that we may have against you at that time, this action will not be deemed a waiver of these claims. Furthermore, we may impose additional new limits or restrictions for Using the Service, for instance we may deactivate User accounts due to prolonged inactivity, in such case we may also reclaim your username upon ten (10) days’ notice to you, using the email address provided with your account credentials.


    3. In the event of termination by either party, these Terms will terminate, but both You and Us will continue to be bound by Sections 4, 5, 6, 8, 14, 15, 16, 17, 20 of the Terms, which by their nature will survive the termination of these Terms of Use indefinitely.


  14. Representations and Warranties




    1. You accept and promise to us that your User Content will comply with these Terms of Use, it will not infringe the rights of a third party, including rights on intellectual property, privacy, and confidentiality information, and that you have obtained the necessary permission and consents from any persons appearing in your User Content.


    2. Subject to Section 16 of these Terms, you agree that, to the extent that law permits, you will indemnify, compensate, defend, and hold Us harmless, including our directors, officers, stockholders, employees, consultants, licensors, affiliates, contractors, and agents, for any losses, costs, damages, liabilities, claims, charges, actions or demands -including reasonable attorneys’ fees-, incurred as a result of any willful or negligent breach of these Terms of Use in using the Services, or for your User Content. The Company will provide notice to you of any such claim, suit, or proceeding.


    3. Third Party Disputes. ANY DISPUTE YOU MAY HAVE WITH ANY THIRD PARTY, INCLUDING –BUT NOT LIMITED TO- A COPYRIGHT OWNER OR OTHER USER, ARISING BY YOUR USE OF THE SERVICE, IS –TO THE FULLEST EXTENT LAW PERMITS- DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE OUR COMPANY AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES -ACTUAL AND CONSEQUENTIAL- OF EVERY KIND AND NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.


    4. You and Us agree that, any cause of action arising in relation to these Terms of Use or the Service -excluding a claim for indemnification- must commence within one year after the cause of the corresponding action accrues, otherwise such cause of action is permanently barred.


    5. Attorneys Fees. If our Company is required to employ an attorney to enforce or interpret this Agreement, or due to any breach by you of this Agreement, we shall be entitled to recover reasonable attorneys’ fees and costs incurred in connection with the prosecution or defense or arbitration of any action, including any appeal of the action, in addition to all other relief, so long as our Company is the party who successfully brings an action against the other party.


  15. Disclaimers and Limitations of Liability




    1. YOUR USE OF THE SERVICE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, THE SERVICE AND ANY CONTENT OR MATERIAL DISPLAYED ON IT IS PROVIDED WITHOUT ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ITS ACCURACY, TITLE, MERCHANTABILITY, SUITABILITY, COMPLETENESS OR RELIABILITY, TIMELINESS, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES RIGHTS. We try to provide good user experience, but we make no promises that we will succeed, and WE WILL NOT BE LIABLE TO YOU FOR THE UNAVAILABILITY OR FAILURE OF THE SERVICE, OR FOR DELAYS, OR INTERRUPTIONS OF DATA STREAM FROM WHATEVER CAUSE, OR FOR ERRORS, MISTAKES OR OMISSIONS. FURTHERMORE, WE DO NOT WARRANT THAT ALL CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TRUE, ACCURATE, COMPLETE, AND TIMELY, THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS OR DISRUPTIONS, AND THAT WILL ALWAYS BE ERROR-FREE, SECURE, AND FREE OF COMPUTER VIRUSES. IF YOUR USE OF THE SERVICE RESULTS IN A NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE WILL NOT BE RESPONSIBLE FOR THOSE COSTS.


    2. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY IN RELATION TO SOUNDS AND ANY OTHER CONTENT AVAILABLE ON OR THROUGH THE SERVICE THAT IS PROVIDED BY USERS. YOU UNDERSTAND, ACCEPT AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE INAPPROPRIATE, OFFENSIVE, MISLEADING, OR OTHERWISE ILLEGAL, NONE OF WHICH WE WILL BE RESPONSIBLE FOR.


    3. WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM ANY UNAUTHORIZED USE OF THE SERVICE BY ANY PERSON, OR USE IN CONTRAVENTION OR BREACH OF THESE TERMS. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE, AND THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK.


    4. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND OUR OFFICERS, DIRECTORS, MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, AS WELL AS OUR LICENSORS, AND SUPPLIERS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, DAMAGES RESULTING FROM LOST DATA, LOSS OF USE, GOODWILL, OR BUSINESS INTERRUPTION RESULTING FROM, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICE, OR IN CONNECTION TO UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF HAVING BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE YOU ACCEPT AND AGREE THAT YOUR REMEDY FOR ANY DISPUTE WITH US IS TO TERMINATE YOUR USE OF THE SERVICE. IN NO EVENT OR CIRCUMSTANCE, THE COMPANY’S AGGREGATE LIABILITY, AND THE LIABILITY OF ANY OTHER PARTIES, TO YOU EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST 12 MONTHS.


  16. Arbitration, Jury Waiver, and Class-Action Waiver




    1. If you have a concern, or in the event of a dispute, please speak to us. We want to address your concerns without needing a formal case. Before any action, you agree to try to resolve the dispute informally by contacting us at contact@twiddle.me . We’ll try to resolve the issue or dispute informally by contacting you. If the issue or dispute is not resolved within fifteen (15) business days of submission, you or Us may proceed to Arbitration as follows.


    2. Mandatory Arbitration Agreement. PLEASE READ THIS CAREFULLY as it requires you and Us to agree to resolve all disputes between us THROUGH BINDING INDIVIDUAL ARBITRATION, which is more informal than a lawsuit in court. You and Twiddle Inc. agree that all claims and disputes, including all statutory ones, arising out of or in relation to these Terms of Use or the use of the Service (except for matters that may be taken to small claims court), will be resolved by binding arbitration on an individual basis as the exclusive form of dispute resolution.


    3. Arbitration Procedure. The party that seeks arbitration must send to the other party a written “Notice of Intent” to arbitrate, by a reputable courier service (or, via any other method available, including via e-mail). This Notice of Intent should be addressed to 1161 Mission Street, Office #502, San Francisco, CA 94103, Attn: Chief Executive Officer. It must describe the nature and the basis of the claim or dispute, as well as the specific relief sought. If the two parties do not reach an agreement that resolves the claim within 30 days after the Notice of Intent is received, either party may commence an arbitration proceeding, or file a claim in small claims court. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. For information regarding AAA rules and forms, please visit www.adr.org . The arbitration will be conducted in English, by a single neutral arbitrator, having primary place of business in San Francisco region in California, in accordance to the Rules as modified herein.


    4. Additional Rules for Non-appearance Arbitration. It is hereby agreed that the arbitration will be conducted online, and/or by written submissions, the specific manner will be chosen by the party initiating the arbitration. The arbitration will not require any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.


    5. It is hereby agreed that any dispute will not be consolidated with any other matters or joined with any other cases or parties. All proceedings of the arbitration will be confidential, closed to the public, and all relating records will be permanently sealed, except as necessary to obtain court confirmation of the award of the arbitration. Excluding extraordinary conditions, the arbitrator will issue his or her decision within 120 days from his/her appointed, which is possible to extend for an additional 30 days in the interests of justice.


    6. Waiver of Jury Trial and of Class Actions. YOU AND TWIDDLE INC. AGREE TO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. FURTHERMORE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, then the entirety of the mandatory arbitration section will be null and void.


    7. The foregoing provisions concerning Dispute Resolution do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. In the event the Company or a third party breaches these Terms of Use, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against the Company, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.


    8. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Twiddle, Inc.


  17. Governing Law and Venue


    Twiddle, Inc. has its registered office in California, while the development works take place in Greece, Europe.

    To the extent that these Terms of Use allow you or Us to initiate litigation, both you and Us agree that any dispute, claim, or controversy relating to the Terms or the use of the Service will be subject to the exclusive jurisdiction of the state and federal courts in San Francisco County, California.

    OUTSIDE USA:
    The Company makes no representation that materials on the Service are appropriate, or lawful in any locations other than the USA. Any Users who choose to access and/or use the Service from locations outside the USA, do so on their own initiative, and are responsible for compliance with local laws, if applicable. Access to the Service from jurisdictions where the Service or its contents and/or practices are illegal or unauthorized is strictly prohibited.


  18. External Content / Sites




    1. The Service may include hyperlinks to third-party content, advertising, or websites. You acknowledge and agree that the Company is not responsible for, and does not endorse any advertising, products, or resource, available from such resources or websites.


    2. External Sites. The Service may contain links to, or the ability to share content or information -excluding Broadcast Content- with third party websites. The Company does not endorse any external sites, or content made available to such sites. You should contact these sites’ administrators directly if you have any concerns regarding content to be shared on these sites. The Company is not responsible for the content on such external sites, and you agree that the Company will have no liability to you arising from your use, engagement, exposure, or interaction with any external site(s).


  19. Severability


    If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.


  20. Other Terms



    • These Terms make up the entire agreement between you and Twiddle Inc., and supersede any prior agreements.

    • You agree that no partnership or joint venture relationship, or any other form of contractually implied relationship is created or exists between you and the Company as a result of these Terms of Use.

    • We reserve all rights not expressly granted to you.

    • Failure of the Company to enforce any provision of these Terms of Use will not be construed as a waiver.

    • By using the Service, you consent to receiving certain electronic communications from us as described further in the Privacy Policy.

    • You may not transfer any of your rights or obligations granted under these Terms without our written consent.

    • The Section headings are provided merely for convenience and will not be given any legal meaning.

    • You understand and agree that the Company reserves the right to change these Terms of Use at any time without prior notice; while the Company will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of revised Terms of Use that you may be required to accept in order to continue using the Service. Changes to our Terms become effective on the time they are posted and your continued use of Twiddle after any changes to these Terms of Use will signify your agreement to be bound by them. If any change to these Terms of Use is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The effective date of each new version of the Terms will be included at the top of the Terms page.


Contact Us


If you would like to contact us with any comments, suggestions, questions or concerns, you may do so preferably by email at contact@twiddle.me , or otherwise by mail at Twiddle, Inc., 2100 Geng Rd, Suite 210, Palo Alto, CA 94303, USA.

Open Source Software
Twiddle contains certain open source software. Each item of open source software is subject to its own applicable license terms, which can be found at http://www.twiddle.me/Attributions .


Apple


In the event that you are using a Device provided by Apple, Inc. you acknowledge that these Terms of Use are between you and Twiddle, not Apple, and Apple is not responsible for the Application and content thereof;


You hereby warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Furthermore, if the Company provides a translation of these Terms of Use to a language other than English, the translation is provided solely for convenience, and the English version prevails.

Copyright © 2017-2019 Twiddle, Inc. All rights reserved.