Terms and Conditions
Last updated: October 1, 2019
Welcome to Twograins. A communication tool made for business.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Twograins (the "Service", the "App") operated by TWOGRAINS, LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms you may not access the Service.
1. You must be at least 13 years old to use our Service. If you are between ages 13 and 18, your parents or legal guardian must agree to these Terms before you can use our Service
2. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis
3. You understand and agree that Twograins shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or Service, or other intangible loss resulting from: (a) the use or the inability to use the service; (b) any changes which we may make to the Service, or any permanent or temporary cessation in the provision of the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Service; (e) or any other matter relating to the Service.
5.You agree that you will not impersonate another person.
6. You agree to comply with local laws and regulations, including but not limited to, copyright laws. You must not use our Service to conduct illegal and unauthorized activities that are not permitted by laws.
7. You use our Service through our official app. You must not reverse engineer the app and access our private APIs. You must not abuse our Service by means such that it causes disruption to our Service, including but not limited to, uploading large amount of data that causes the disruption of network and result in our Service outage.
8. If you are using our Service on behalf of a business, government or other organization ("Organization"), you warrant that you are authorized to do so and that you are authorized to bind your Organization to these Terms.
9. You are responsible for any third party charge, including but not limited to, cellular data usage charge.
10. Violation of these Terms, at our sole discretion, may result in termination of your account.
1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your account by logging into the app and completing the form under setting tab.
2. We reserve the right to refuse access to the Service to anyone for any reason at any time.
3. Our Service may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content,privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
4. It is our intention to make the Service available as much as possible. However we cannot garantee that the Service will be available all the time. The Service may be disrupted by, but not limited to, regular maintenance of our servers, software upgrade, data center outage and network failure. We will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.
5. We welcome your feedback to our Service. However we are not obligated to make changes based on your suggestions. Further more you agree that TWOGRAINS, LLC is free to use your suggestions and ideas without any liability and payment of any kind to you.
Free Trial Period
The free trial period is one month from the date of registration. During the free trial period you have full access to the Service. However number of messages that you can send and recieve will be limited to 150. If you want to upgrade your account prior to when the free trial period ends, please contact us.
Prices of all Service features are subject to change. If they change, the changes do not affect running subscriptions, but will take effect only for any subsequent subscription period.
No refund is provided. Your subscription is managed through Apple. We are not able to cancel the subscription for you. If you were charged by accident, we suggest contacting Apple to request a refund.
Warranty and Disclaimer
We warrant to you that we will provide our Service using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, ALL OF OUR SERVICE AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICE, OUR SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY OUR SERVICE, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT OUR SERVICE OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT OUR SERVICE OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
Liability for Our Service and Software
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS OR OUR SERVICE OR SOFTWARE, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (I) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SPECIFIC SERVICE OR SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (II) USD50.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE IN CONNECTION WITH THESE TERMS, OR OUR SERVICE OR SOFTWARE FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORIZED USE OF OUR SERVICE OR SOFTWARE; (VI) YOUR USE OF OUR SERVICE OR SOFTWARE IN BREACH OF THESE TERMS; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY. NOR WILL WE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU (AND YOUR ORGANIZATION, IF YOU ARE USING OUR SERVICE OR SOFTWARE ON BEHALF OF SUCH ORGANIZATION) INDEMNIFY US, OUR PARTNERS AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF OUR SERVICE OR SOFTWARE; OR (II) YOUR BREACH OF THESE TERMS.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of United States of America, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes to Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.