Terms of Service
Effective Date: March 02, 2020
This Terms of Service document (“TOS”) is a legal agreement between you and Tweeker.io (“Tweeker”) which is a product of Tweeker, a California limited liability company (“The Company”), and governs how you may use and manage your Tweeker account and the Service you receive via that access. When you establish an account with us, you are confirming your understanding of and agreement with these Terms and the license granted herein.
1. The Tweeker Service: For the purposes of this document, the term “Service” or “Platform” means the Internet platform, Tweeker.io, provided by Tweeker that enables users to A/B test and/or optimize their website, together with all software applications, proprietary or otherwise, that comprise the Platform, and any updates, upgrades, derivatives, improvements, enhancements, or extensions of the same. The Service subject to this TOS also encompasses the Tweeker Website, together with all copy, graphics, photographs, videos, documentation, and other content.
2. End User License Agreement (EULA): Tweeker hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Service. The term of your License shall commence on the date that you create your account and will end if your account is terminated by either you or The Company. The Company reserves the right to immediately terminate your license if you use the Service in breach of the terms set forth herein.
- (a) Ownership: This TOS does not confer title, ownership, or any other rights concerning your use of the Service that are not set forth herein. The Company retains all right, title and interest in and to the Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Service is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from The Company. All rights not expressly granted to you herein are reserved by The Company.
(b) License Restrictions: Violating any of the following restrictions may result in the immediate termination of your License:
- (i) General Restrictions: You agree not to: (i) commercially exploit the Service in any way; (ii) provide your password or otherwise grant access to your Tweeker account to any third parties for any purpose whatsoever; (iii) reverse engineer, decompile, disassemble, translate, or prepare derivative works of the System, or otherwise modify the same, in whole or in part; (iv) use the Service to display material that may be subject to copyright protection without the express consent of the copyright owner; (v) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained within the System; or (vi) otherwise access or utilize the System in any manner other than permitted by this TOS.
- (ii) Specific Restrictions:You may not insert the Tweeker embed code in Websites not owned and operated by you without specific permission of the owner of any such website. You may not use the Service to display language, images, or hashtags: (i) from private social media accounts that are not owned by you without the specific permission of the owner of any such account; (ii) that infringe upon the proprietary rights of third parties, including without limitation intellectual property rights, or rights of publicity or privacy; (iii) that violate any law, statute, ordinance or regulation; or (iv) that violate the terms of any service that is the source of such posts.
3. Representations and Warranties: The Service is made available to you in reliance upon the following representations and warranties: (i) You are at least thirteen (13) years old; (ii) you will use the Service only to modify websites that you own or are authorized to use; (iii) you will not use the Service for the purpose of violating any statute, rule, or regulation; (iv) you will not use the Service to facilitate the distribution of computer viruses, spyware, or any other malicious code; (v) you will not use the Service to display posts that infringe upon the proprietary rights of third parties, including without limitation intellectual property rights, or rights of publicity or privacy; and (vi) you will not use the Service in any manner other than as described herein.
4. Copyright: We respond to properly submitted notices of alleged copyright infringement that comply with applicable law. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) misrepresent the source of ownership of the System unless using an enterprise plan with white-labeling enabled; and (vii) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Tweeker.io Copyright Agent
1515 7th Street, # 424
Santa Monica CA 90401
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.
5. No Warranty: The Company makes no representation or warranty that: (a) the Service will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (b) servers that house the System are free of viruses or other malicious code; and (c) your use of the Service is in compliance with the Terms of Service of any third party, including, without limitation, social media services that source User feeds. THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. The Company PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE ACCURACY, RELIABILITY, OR DELIVERY OF THE SERVICE, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
The Service may display advertisements for products and services offered by third parties. The Company makes no guarantees about, and assumes no responsibility for, the content of such advertisements, or the availability, delivery, or performance of any product or service offered therein.
6. No Liability: In no event shall The Company be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from the delivery or failure of the Service, including without limitation to losses incurred due to: (a) software glitches, server failures, power outages, or any other issue beyond The Company’s control; (b) any delays in or failure of the Service to operate as described; (c) any access to or display of a social media feed that is not owned by a user, or otherwise authorized for such user to access or display.
7. Indemnification: We cannot control or monitor the posts you choose to display. You understand that commercial movies, TV programs, and professional photographic images are subject to copyright laws, and it may be illegal to display such material without the express permission of the copyright owner. You are solely responsible for obtaining such consent, and agree to indemnify, hold harmless, and defend The Company, together with its officers, directors, employees, agents, subsidiaries, and affiliates (the “Indemnified Parties”), from and against any claims, actions, proceedings, and suits (collectively “Claims”) brought against The Company by any third party that are associated with your use of the Service (including, but not limited to, copyright claims), and expressly agree to assume liability for any damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) that may be incurred by The Company in connection with any Claim subject to this section.
8. Arbitration Agreement and Class Action Waiver: You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, you are waiving the right to a trial by jury or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated. This agreement to arbitrate includes, but is not limited to, claims arising out of or relating to the Service or your use thereof, regardless of when they may arise.
9. Choice of Law; Forum: This document shall be governed in all respects by the laws of the United States and the State of California. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Los Angeles County, California except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for the purpose of litigating all such claims or disputes.
All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
10. Modification and Notice of Changes: We reserve the right to change, modify, add or remove portions of these Terms of Service, without advance notice to you. We will notify you of any such changes by posting the effective date of the change at the top of this page together with a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
11. Refunds: Our refund policy is in line with our commitment to customer satisfaction. If a customer writes to request a refund within 5 days after originally signing up for a Tweeker.io paid account, they will be refunded and the account will be downgraded to our free plan. We do not offer refunds for renewal payments of monthly subscriptions. If a customer contacts The Company within 30 days of a yearly subscription's auto-renewal, a prorated refund of the 11 remaining months will be provided; no refunds will be provided beyond this 30-day window. Paid accounts can be canceled at any time, but refunds and partial refunds will not be issued except as noted above. The Company reserves the right to deny refunds at our discretion.
12. Entire Agreement: These Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us.
13. Third party services: None