Terms of Service

Last modified: April 25th, 2016

Thank you for using Twisy.net (“Twisy”). These Terms of Service (the “Agreement”) is a binding contract between you and Twisy, Inc (the “Company”). By accessing Twisy or making any purchase from the Company, you agree to be bound by this Agreement in full. By accessing Twisy or purchasing any of the Twisy Services, you indicate your acceptance of this Agreement and its terms and conditions.

Additional terms and conditions may apply to additional areas of the website or to particular negotiations or content posted on the site, in conjunction with the actual Terms of Service Agreement.

Twisy holds the right to make changes to the Agreement at any time. Customers who use the Twisy agree to follow any change or modification and are bound to the modified Terms of Service Agreement. The current revision date of the Terms of Service is listed above.

 

WEBSITE USE

Twisy provides certain services, including social media engagement and subscriber services (collectively, the “Services”). The Services may be purchased online through Twisy. By purchasing any Services, you agree to pay the indicated purchase price and further agree that (a) you have the authority make such a purchase, (b) you have the authority to use or access the social media account linked to the purchase, and (c) you will not use the Services for any fraudulent or illegal purpose whatsoever.

You acknowledge and agree that all sales are final and that refunds will only be offered in accordance with the terms of this Agreement and the Refund Policy posted on Twisy. Other refunds will only be granted in the sole discretion of the Company.

 

COPYRIGHT

All content, including text, images, sound, video, and code (collectively, the “Intellectual Property”) found throughout Twisy is the intellectual property of the Company and is protected by applicable U.S. and foreign copyright, trademark, and patent laws. These belong expressly to Twisy or other copyright owners who have given express authorization to use their information on the Twisy website.

 

LIMITATION OF LIABILITY

Under no circumstance shall the Company be responsible for any damages, liabilities, or losses, whether sounding in contract, tort, or otherwise, arising out of your use of Twisy or the Services. You understand and acknowledge that your use of the Services is at your own risk.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Twisy from any claim arising out of, relating to, or connected with your use of Twisy or the Services. You must also indemnify, defend, and hold the Company harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement.

 

CONDUCT

You agree to solely use the website for lawful purposes, and not to compromise the security of the website, render it inaccessible to others or cause damage to the content, service or website. As a user you agree to refrain from any action that may add, subtract or modify the content of the site. You agree to refrain from accessing content without permission and will not use the website in any way other than the way it is intended.

 

CONFIDENTIAL INFORMATION

The company shall keep confidential any information you submit to the Company as it relates to the processing of any order for Services. Any other material or information sent to the website will be considered non-confidential. You hereby grant the Company the royalty free irrevocable permission to use, display and distribute in whole or in part, the submission in any manner it sees fit.

 

CORRECTION OF INACCURACIES

Twisy reserves the right to correct any errors or inaccuracies in the content on the website, or to change and update the content at any time without giving prior notice. However, Twisy does not guarantee that errors, inaccuracies or omissions will be corrected immediately.

 

PROVISIONS

This Terms of Service Agreement with Twisy constitutes the entire agreement between all parties with respect to the subject matter hereof.

 

TERMINATION OF SERVICE

The term of this Agreement will begin upon Twisy’s acceptance of your job order and will end when terminated by either party. If Twisy determines, in its sole discretion, that you are abusing the system, the company (without limiting any other rights or remedies available to it) withdraw your participation and withhold any amount to you.

 

THIRD-PARTY MARKETING CAMPAIGNS

You may not run other marketing campaigns while your Twisy marketing campaign is running. We use public statistics to measure the results of our campaign, which other campaigns may interfere with. If you do run other marketing campaigns simultaneously withTwisy’s marketing campaign, then you agree that the Company is responsible for every fan, follower, view, comment, like, visit, and/or vote that you gain during the duration of your Twisy marketing campaign.

 

OFFLINE PAYMENTS

You are able to pay for our services with cash (USD) or check. Once we deposit the check and it clears, we will inform you of this and then begin your marketing campaign. Your marketing campaign will not start until your check clears. This may take up to several weeks, so please be patient. In order to pay by check, you may by order normally and choose the “Pay by Check” option at Checkout. By paying with cash or check, you are not eligible for any refund whatsoever for any reason at any time. By paying with a check, you agree to the Terms of Service and Privacy Policy at Twisy.

 

CAMPAIGN DURATION

We cannot and do not make any guarantees about how long your marketing campaign will take to successfully complete. Any time frames mentioned on the Twisy website (and its subdomains), by Company employees, in any chats, emails, phone conversations, or any other correspondence is not a guarantee of how long it will take the marketing campaign to successfully finish. Any estimate provided by the Company regarding how long a marketing campaign may take to successfully finish is simply a guideline designed to help our customers plan ahead.

 

PAUSING CAMPAIGNS

By signing up for Twisy’s services, you agree that Twisy reserves the right to pause your campaign for any reason and without any notice. It is always our goal to deliver your order as quickly and safely as possible; however, there may be certain circumstances such as a page actively losing followers or an upgrade performed to a Social Network that may make pausing your campaign necessary. Pausing a campaign does not make you eligible for any partial or full refunds.

 

ACCOUNT/VIDEO MODIFICATION

You may not change, modify and/or remove your account, username, photo and/or video while your Twisy marketing campaign is running. Doing so may make your account, photo and/or video inaccessible and cause an interruption of our service. You agree that any changes, modifications and/or removal of your account, username, photo and/or video without prior notice and approval from Twisy, will make your affected order(s) subject to terminations and ineligible for any type of refund.

 

SOCIAL MEDIA ACCOUNTS

The company shall in no way be liable for any accounts, photos, videos, and/or tracks and that are removed due to our services being implemented or your interaction with Twisy. It is nearly impossible to determine why social media account providers suspend or delete accounts or content. All purchases of Services are made at your own risk. Due to this we cannot refund after services have been completed if this has occurred to an account/content.

 

OVER-DELIVERY OF SERVICE

Twisy may over-deliver the Services it guarantees, including but not limited to delivering extra followers or subscribers than ordered. This over-delivery amount (“Extras”) should be considered a buffer, in the event of a small loss of followers or subscribers. Extras are not covered by the Company’s Retention Guarantee and Extras are not eligible for replacement in the case of a loss that is equal to or less than the over-delivery amount.

 

RETENTION GUARANTEE

The Company offers a Limited Retention Guarantee / Warranty with some of their services. If a customer uses one of Twisy’s Services and then loses followers, likes, views and/or plays acquired by Twisy (beyond the Extras), Twisy may be able to re-deliver followers, likes, views and/or plays at no cost at the Company’s discretion. Each service offers a different duration for Twisy’s Retention Guarantee, and is indicated below:

[TwisyService]——— [Retention Guarantee Duration]
Twitter Followers ———— 365 Day Retention Guarantee
Twitter Retweets ————– 365 Day Retention Guarantee
Twitter Likes —————– 365 Day Retention Guarantee

YouTube Views —————- 180 Day Retention Guarantee
YouTube Likes —————– 180 Day Retention Guarantee
YouTube Dislikes ————– 180 Day Retention Guarantee
YouTube Comments ————– 30 Day Retention Guarantee
YouTube Subscribers ———- 60 Day Retention Guarantee

SoundCloud Plays ————- 365 Day Retention Guarantee
SoundCloud Likes ————- 90 Day Retention Guarantee
SoundCloud Reposts ———– 90 Day Retention Guarantee
SoundCloud Comments ———- 30 Day Retention Guarantee
SoundCloud Followers ——— 60 Day Retention Guarantee

Vimeo Plays —————— 365 Day Retention Guarantee

Vine Followers ————— 365 Day Retention Guarantee
Vine Loops ——————- 90 Day Retention Guarantee
Vine Likes ——————- 90 Day Retention Guarantee
Vine Revines —————– 90 Day Retention Guarantee

Pinterest Followers ———- 180 Day Retention Guarantee
Pinterest Likes ————– 90 Day Retention Guarantee
Pinterest Repins ————- 90 Day Retention Guarantee

LinkedIn Followers ———— 365 Day Retention Guarantee

Twisy’s Retention Guarantee is VOID if:

(1) The customer ordered from a different company, person, or service at any time.
(2) The customer’s account had experienced a reduction in Followers/Likes/Views/Plays before ordering from Twisy or those acquired via different means.
(3) The customer makes their Account/Page/Video/Photo/Track private, restricted or otherwise inaccessible (e.g. changing the customer’s username) during and/or after a campaign.
(4) If a customer blocks/deletes/bans the followers/likes/plays/views that they received from Twisy.

The Company shall make a final and non-appealable determination regarding any Retention Guarantee requests.