Thanks for selecting to feel better and safer by using the various services available within Twab! We will refer to all services, including third party services which are powered by Twab’s technology, as the “Services”.
The Terms of Use (or, the “Terms”) presented below are the basic rights and obligations that you and us have between us when you use our Services. The language of the Terms will seem legal (basically, because they are) but we still tried to make them as simple as possible for you to read, so that we are sure that you knowingly choose to enjoy our Services under these binding Terms (which actually constitute a binding agreement between Twab and yourself).
When you use our Services, in addition to enjoying a better and safer world, you also agree to the Terms and they affect your rights and obligations. You can choose not to enjoy the Services, if you don’t want these Terms to apply (and by these Terms we also mean our Privacy Policy).
Some features of our Services may be subject to additional terms and conditions, which you should read before making use of those features, and they add up to these Terms. You understand that, anyone with knowledge of your phone number may see that you are a Twab community member.
1. Legal Capacity; Children and Minors. If you are under the age of consent in your country to form a binding agreement, you should only use our Service if you are either an emancipated minor, or have the legal consent of your parent or guardian for your use of our Service. You should use our Service only if you are fully able to understand and enter into and comply with these Terms.
2. Updates to Terms. We are always working on adding additional features to our Services, and because of that, and also since sometimes applicable laws change, we may revise and reissue these Terms occasionally, by posting updated Terms. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current Terms. If you do not agree to updated Terms, you should stop using our Services and/or close your account. Your continued use of any of our Services will be deemed as your acceptance of any revisions.
3. The Information You Give Us to Use the Service Must Be Correct. To access the Twab Service or some of the features we offer in the Twab Service, you will be asked to provide true and complete registration details. If we at Twab believe the details are not correct, current, or complete, we have the right to prevent you from accessing our Services, or any of its resources and to terminate or suspend your account.
4. Online Privacy Notice. Your privacy is important to us. To better protect your privacy, we provide notices explaining our information practices and the choices you can make about the way your information is collected and used at our Services.
5. Trademarks and Copyrights. Our Services and materials incorporated by Twab on our Services (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by Twab in our Services are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Twab or others (“Trademarks”). Twab or its licensors own the title, copyright, and other intellectual property rights in the Material and Service, and by using our Services, you do not acquire any ownership rights in Service or Materials contained therein. Twab respects the intellectual property rights of others and asks users of our Services to do the same.
6. Your Use of Our Material. Your right to make use of our Service and any Material or other content appearing on it is subject to your compliance with these Terms. You may not modify, or use the Material or any other content on our Services for any purpose not permitted by these Terms. Such prohibited use violates these Terms and may be a violation of the Copyrights and/or Trademarks protected by law.
You may access and display Material and all other content displayed on our Services for non-commercial, personal, entertainment use on any computer, tablet, smart watch, or mobile device you own or control. The Material and all other content on this Service may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by Twab. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. You may not rent, lease, lend, sell, redistribute or sublicense the Material and/or the Services.
7. Geolocation Tracking Services; Premium Services. As part of our Service, we offer you to locate phone contacts who use Twab, through our Service, free of charge (an advertisement will be displayed after each scan – free edition). Twab also offers you the opportunity to become a premium edition user, which allows you to adjust the scan radius, adjust the duration of your location trail and have full use of the “Panic Button” feature (send and receive SOS alerts)
8. Charges for Twab’s Premium edition
8.1 Subscriptions. Twab offers the Premium edition at just 2.99eur/month and reaches the staggered discount of 44% when purchased annually for only 19.99eur. We may terminate your subscription and/or offer you an alternative calling plan if we notice that your usage is in breach of our Fair Usage Principals. We reserve the right to change our plans and subscriptions or stop offering them at any time. Reduction to the prices of our Premium edition plans will not affect previously purchased and existing plan(s). For Subscriptions which include a bundle of features, we will notify you in the event that the types of products in the Subscriptions change and you will have the right to terminate the subscription.
8.2 From time to time, Twab may offer products or features available at no charge for a trial period, at Twab’s sole discretion, including as to duration and scope of no charge offers. However, Twab reserves the right to charge you for such products (at the normal rate) in the event that Twab determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other device or anonymous IP address that prevents us from locating you.
8.3 Twab may collect VAT or other indirect taxes at the applicable rate for the particular country (as per applicable tax rules) at the time of purchase of Twab Premium edition.
8.4 Using the Twab Service on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator as the case may be. Out-of-country usage may in any event lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
9. Payments; Refunds. You can find information about payments, credits, and refunds in our Payments policy.
9.1 You can purchase the Premium edition by using any payment method made available to you by Twab from time to time. We will send you an acknowledgment of your order of Twab Premium [by email]. We use the services of third parties to process your payments to us or to third parties and we require that these third parties take the appropriate organizational and technical measures to protect your personal data and traffic data and to comply with relevant laws. Please review the terms of use and privacy policies of those third parties before providing your banking or payment information. You agree that you are not relying on the future availability of any feature or product offered through the Service in agreeing to or making payments hereunder. You agree that Twab may use information regarding your selected payment method provided by your issuing bank or applicable payment system. If you pay with foreign currency, you agree that the amount you are eventually credited may vary, as a result of foreign currency conversion policies of our third party payment processors, which you can find at the relevant website or location where you make the actual purchase.
9.4 Automatic Recurring Charge. The recurring charge feature will be automatically enabled when you buy Twab Premium through the Twab mobile application or website and check the appropriate checkbox at the time of purchase. Your Twab Premium edition will be recharged with the same amount and by the same payment method you initially designated when you registered your account. You can disable the recurring charge feature at any time by accessing your User Account. Any charges mentioned in specific currencies are solely considered as examples, and do not take currency fluctuations or discrepancies into account.
9.5 Payment for Subscriptions (e.g. recurring Premium edition plans) are made on a recurring payment basis. This means that you agree that at the applicable recurring intervals your payment method will be charged, until you actively elect to terminate the Subscription.
9.6 In the event of any errors relating to the pricing or specifications, Twab shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply.
10. Refunds.
10.1 Except as provided by law, all purchases are final and non-refundable. If you believe that Twab has charged you in error, you must contact Twab within 90 days of such charge. No refunds will be given for any charges more than 90 days old. If you use third party services to purchase Twab Premium edition, such purchase is also subject to the terms of such third party (including with respect to payment terms, refunds, etc.).
10.2 Twab reserves the right to refuse a refund request if it reasonably believes or suspects (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature; (ii) that you are in breach of the terms of this License; (iii) that you are using any of our products fraudulently or that your User Account is being used by a third party fraudulently; or (iv) that you purchased your credit through a third party service and the terms of such third party do not allow such refund. This refund policy does not affect any of your statutory rights to pursue a claim.
11. Public Content. THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON COMMUNITIES, CHANNELS AND/OR CHAT BOTS, COMMENT SECTIONS, COMMUNITY CHATS, OR OTHER FORUMS ON THIS SERVICE (“FORUMS”) ARE NOT NECESSARILY THOSE OF TWAB OR CONTENT PROVIDERS. TWAB DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF TWAB. TWAB MAY BLOCK, REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN TWAB’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
12. User Content.
We want you to locate loved-ones near your location and ask for help in case of an emergency through our service! This is why we have the features that allow you to do so. However, because we want to protect you and other Users and make sure your experience is positive, we reserve the ultimate right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Service, to suspend or terminate users without liability to us, including where such User Content, in our sole discretion, violates these Terms.
13. Our Use of Your User Content. Twab will consider anything you provide to Twab, including feedback, ideas or suggestions and/or contribute to this Service as available for our use free of any obligations to you (including any payment). Under no circumstances will we pay you for the use of your ideas or submissions.
14. Claims of Infringement. If you believe that any materials accessible on or from the Service infringe your copyrights, you may request the removal of those materials (or access thereto) by contacting us at [email protected]
15. Responsibility for Your Use. You may only use our Service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Service, otherwise you may be exposed to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to our Service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Service are the sole responsibility of the sender, not Twab, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Service.
17. Security of User Accounts. If you create a User Account by selecting a password and providing your name, You are responsible for all activities that occur under your User Account. You agree to notify Twab immediately of any unauthorized use of your User Account or any breach of security with respect to your User Account including your password. Twab will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. Twab shall be entitled to monitor your User Account and password and, at its discretion, require you to change your password. If you use a username and password that Twab considers insecure, Twab will be entitled to require this to be changed and/or terminate your User Account.
18. Violation of Security Systems. You are prohibited from using any services or facilities provided in connection with this Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Twab reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
19. Termination. We trust that you will always continue to make yourself and others feel better and safer through the use of our Service, but you may terminate your relationship with Twab at any time. If you are using our free Service, you may simply cease to use the Service. If you registered for our “Premium edition” service (described above), you can request that Twab deletes your account and our cancellation policy shall apply. Where permissible under the law, Twab has the right to terminate your rights under our Service without notice.
20. Disclaimer of Warranties. Although we make great efforts to make our Service error and interruption free, we cannot promise that such efforts will result with such desired performance. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TWAB, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TWAB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THIS SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TWAB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY WEBSITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TWAB MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND TWAB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE ACCESSING A UNITED KINGDOM OR LUXEMBOURG VERSION OF THE SERVICE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS, OR EMPLOYEES.
21. Limitation of Liability. TWAB DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICE OR ANY OTHER SITE, APP OR SERVICE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY OTHER SITE, APP OR SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF TWAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF TWAB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of twenty dollars ($20.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
22. Indemnity. You agree to indemnify and hold harmless Twab from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto Twab’s servers and/or from any and all use of your User Account.
23. Release. If you have a dispute with one or more users (including game developers and/or merchants), you release Twab from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
24. Investigations. Twab may seek to gather information from a user who is suspected of violating these Terms and from any other user. Twab may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Twab believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. Twab may fully cooperate with any law enforcement authorities or court order requesting or directing Twab to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF TWAB FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF TWAB DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF TWAB OR LAW ENFORCEMENT AUTHORITIES.
25. Reservation of Rights. Twab reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Service and/or any software, facilities, and services on this Service, with or without notice and/or to establish general guidelines and limitations on their use.
26. Local Regulations. We make no representation that our Service is available for use or permitted by law in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
27. Third-Party Services. This Service may link you to other sites on the Internet and third party partners which cooperate with us to provide you certain Services. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Twab, and you acknowledge that (whether or not such sites are affiliated in any way with Twab) Twab is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, and that your use of such sites is subject to their respective terms of use. The inclusion of such a link does not imply endorsement of any site by Twab or any association with its operators.
28. Twab cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Twab since the third-party sites are owned and operated by independent retailers. Twab does not endorse any of the merchandise, nor has Twab taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. Twab does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.
29. Proprietary Online Services. Any area of this Service that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
30. Jurisdictional Issues. The Materials and all other content in this Service are presented for the purpose of providing information regarding the Twab Services available in the United States and elsewhere.
31. Choice of Law. To the extent permitted by law, and with the exception of Section 8 (which will be construed in accordance with the FAA and New York law), these Terms shall be governed by, construed and enforced in accordance with the laws that apply in Greece.
32. Binding Arbitration of All Disputes; No Class Relief.
This section sets forth the exclusive way you can resolve any dispute you may have with us. If you ever wish to seek any relief from us, you agree to do it only through arbitration, and you waive the ability to pursue class action.
33. How to Contact Us. This Service is controlled and operated by Twab – Dimitrios Chasapis incorporated under the laws of Greece, with registered office at 15 Patroklou Street, 41222, Larisa, Greece and registered with the Trade and Companies Register of Greece. Please forward any comments or complaints about the Service, privacy and other legal matters to https://www.twabapp.com/#contact
34. General. If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Twab relating to the matters contained here and the Service.
In the event you read these terms in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail.