Terms of Service

Twigital LLC and/or its affiliates (“Twigital,” “we,” “our,” or “us”) provides software services through and on its website located at twigital.com (“Site”) and a related mobile application (“App,” together with the Site, “Services”). Before using our Services, please read these Terms of Service (the “Terms”) carefully, along with any other policies or notices on our Site or App.

For purposes of these Terms, “user,” “you,” and “your” mean you as the user of the Services. If you use the Services on behalf of a company or other entity, “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH REQUIRE ANY DISPUTES BETWEEN US AND YOU TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.

By accessing or using any or all of the Services, you expressly acknowledge that (i) you have read and understood these Terms; (ii) you agree to be bound by these Terms; and (iii) you are legally competent to enter into these Terms. If you do not agree to be bound by these Terms or any updates or modifications to these Terms, you may not access or use our Services. WE DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR CONSULTING SERVICES. WE ARE SOLELY THE PROVIDER OF THE SERVICES AND WE DO NOT ADVISE OR MAKE RECOMMENDATIONS ABOUT ENGAGING IN DIGITAL ASSET TRANSACTIONS OR OPERATIONS. DECISIONS TO ENGAGE IN TRANSACTIONS OR PERFORM OPERATIONS INVOLVING DIGITAL ASSETS SHOULD BE TAKEN ON YOUR OWN ACCORD.

We have the right to, and may, revise and update these Terms from time to time in our sole discretion. Unless otherwise indicated in the updated Terms, all changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the section entitled “Dispute Resolution, Arbitration, Jury Trial Waiver, and Waiver of Class Action and Multi-Party Proceedings” of these Terms will not apply to any disputes for which the parties have actual notice on or before the date the change to the Terms is posted.

You are expected to regularly check our Site and/or App to inform yourself of any such changes and decide whether or not to accept the revised version of these Terms. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the Terms or any update or modification to the Terms, you must cease to access or use our Services. Our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without prior notice, and at our sole discretion.

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users. You are responsible for making all arrangements necessary for you to have access to the Site.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

We may update the information on the Site from time to time, but the information thereon is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

To be eligible to use the Services: (i) you must be at least eighteen (18) years old and legally competent to enter into these Terms; (ii) you must not be a resident of a sanctioned jurisdiction according to any trade embargoes, UN Security Council Resolutions (“UNSCR”) or HM Treasury's financial sanctions regime; and (iii) you must not be currently the subject of or subject to economic sanctions such as the United Nations Security Council Sanctions List, the list of specially designated nationals maintained by OFAC, the denied persons or entity list of the U.S. Department of Commerce or any similar list maintained by any other relevant sanctions authority. If you are using our Services on behalf of a legal entity, you further represent and warrant that: (iv) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (v) you are duly authorized by such legal entity to act on its behalf. You can only use our Services if permitted under the laws of your jurisdiction. For the avoidance of doubt, you may not use our Services if you are located in, or a citizen or resident of any state, country, territory, or other jurisdiction where your use of our Services would be illegal or otherwise violate any applicable laws. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. You agree that you are only using our Services with legally-obtained funds that rightfully belong to you. By using the Services, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use the Services, however, and we reserve the right to change our eligibility criteria at any time.

If you want to use the Services, you must create or import a Hedera account (“Account”) via the App.

You agree that you will not disclose your Account credentials to anyone and you will notify us immediately of any unauthorized use of your Account. If you suspect that your Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you, your Account, and/or Twigital, you must notify us immediately and provide accurate and up to date information throughout the duration of the incident. You are responsible for all activities that occur under your Account, or are otherwise referable to your Account credentials, whether or not you know about them. You agree and acknowledge that we have the right to block your Account from connecting to the Services if you fail to comply with the Account registration requirements or these Terms.

You agree to immediately notify us of any unauthorized use of your private key or any other breach of security of your Account. Notwithstanding the foregoing, you acknowledge and agree that you shall assume all risks related to the use of the Services and you shall be solely responsible for maintaining the confidentiality and security of your Account Information (as defined below). When you create an Account, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your Account, including, but are not limited to, the following: (a) not storing the private key and mnemonic phrase (“Seed Phrase”) in plain text online or in an unsecured physical location; (b) limiting access to your devices and your Account; (c) taking all necessary precautions against malware on your devices and networks; and (d) promptly notifying us if you discover or otherwise suspect any security breaches related to your Account. Notwithstanding anything to the contrary herein, we shall have no liability whatsoever in connection with activities that occur on your Account with or without your authorization.

You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with your use of the Services. We strongly encourage you to review your transaction details carefully before attempting such transaction via the Services.

An encrypted backup of certain information associated with your Account can be stored on eligible devices. The private key is associated with the Account address and, together, they can be used to authorize the transfer of and access to certain digital assets to and from that Account address. You are solely responsible for the retention and security of your private key and any Seed Phrase associated with your Account. You must keep your Account address, Seed Phrase, private key, backup phrases, passwords, or other access information (“Account Information”) secure. It is very important that you backup your Account Information. Failure to do so may result in the loss of control of digital assets associated with your Account. You acknowledge and agree that we do not receive or store your Account Information. We cannot generate a new private key and/or Seed Phrase for your Account if you fail to remember your original private key and/or Seed Phrase. If you have not safely stored a backup of any Account address and private key pairs maintained in your Account, you accept and acknowledge that any digital assets you have associated with such Account address will become inaccessible. Accordingly, we shall have no responsibility or liability whatsoever in the event you are unable to access your Account for any reason including without limitation your failure to keep your Account Information secure.

You agree and acknowledge that your Account shall be used solely for storage of digital assets created through the Services. You further agree and acknowledge that you will not store digital assets in your Account that are not created through the Services, including but not limited to, cryptocurrencies. Notwithstanding the foregoing, you are permitted to transfer digital assets that are not created through the Services into your Account for the sole and exclusive purpose of covering fees associated with use of the Services. You agree to transfer the minimum amount of such digital assets to cover such fees.

In order for all proposed digital asset transactions to be completed, they must be confirmed and recorded in the digital asset’s associated public distributed ledger technology (“DLT”) network. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the DLTs and, therefore, cannot and do not ensure that any transaction details that you submit via our Services will be confirmed and processed. By using the Services, you acknowledge and agree that: (i) we do not have the ability to cancel or otherwise modify your transaction; (ii) the transaction details you submit may not be completed, or may be substantially delayed, by the applicable DLTs; (iii) we do not store, send, or receive digital assets; and (iv) any transfer that occurs in relation to any digital asset occurs on the relevant DLT and not on a network owned by us and therefore we do not guarantee the transfer of title or right in any digital asset.

Twigital asset file storage is maintained through interplanetary file system (IPFS).

During our initial beta version of the application, Twigital NFTs will be minted as a collection with Twigital LLC maintaining wipe and freeze capability.

You own and control the digital assets held in your Account. As the sole owner of digital assets in your Account, you shall bear all risk of loss of such digital assets. We shall have no liability for digital asset fluctuations or loss associated with your use of the Services. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your digital assets by sending it to a different DLT address.

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; (ii) “User Content” means any Content that Account holders (including you) make available through the Services; and (iii) “Twigital Content” means all Content except for User Content. Content includes without limitation User Content.

You acknowledge that by using the Services you are at no time transferring your assets to Twigital or its affiliates.

We do not claim any or have any ownership rights in any User Content. You agree and acknowledge that we have the right to hold digital assets you create through the Services in the account in which we mint such assets for the sole purpose of reviewing such digital assets for compliance with these Terms. Following such review and our determination that such digital assets comply with these Terms, we will transfer such digital assets to your Account. You agree and acknowledge that we have the sole and exclusive right to determine whether a digital asset you create through the Services comply with these Terms.

Subject to the foregoing, Twigital and its licensors exclusively own all right, title, and interest in and to the Services and the Twigital Content, including all associated intellectual property rights. You acknowledge that the Services and the Twigital Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or the Twigital Content.

In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, create derivative works of, display, and perform the User Content that you upload, submit, store, send, or receive on the Services. The rights you grant in this license are for the limited purpose of operating and providing our Services. Additional information about your privacy and how we use User Content is available in the Privacy Policy.

You warrant and represent that you have the right and authority to submit your User Content and that the User Content or any part thereof does not infringe the intellectual property rights or any other rights of any third party.

You acknowledge that, in certain instances, where you have removed your User Content by deleting it, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services.

The Services are proprietary to Twigital and its licensors and must not be used other than strictly in accordance with these Terms. Twigital grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services for the purposes of accessing and using the Services in accordance with these Terms.

We may charge fees for some or part of the Services we make available to you. We reserve the right to change those fees at our discretion at any time. We will disclose the amount of fees we will charge you for the applicable Services at the time that you access the Services. Fees applicable to the Services or any component of the Services, if any, shall be set forth on the Site and/or the Services. You may incur charges from third parties for use of linked services and/or to store the files associated with the non-fungible tokens (“NFTs”) minted through the Services.

There may be transaction fees associated with your transactions on the Services that are required by the DLT that you engage with. Subject to the section entitled “Limitations on Digital Assets and Transactions” of these Terms, you agree to ensure that you have an adequate balance in your Account to complete transactions before initiating a transaction. You acknowledge and agree that we will not be liable for any failed transactions or losses you incur due to incorrectly set transaction fees (i.e., too low or too high) or due to insufficient funds associated with your Account address. You further acknowledge and agree that we do not have access to your or anyone else’s transactions. You also understand and acknowledge that all transactions are viewable via public explorers (e.g., hashscan.io).

While we will initially bear the cost and establish the storage of files associated with NFTs minted through our Services, we have no obligation to provide indefinite and/or unlimited storage of files associated with those NFTs. You acknowledge and agree that we may choose to no longer bear such costs or store such files at any time in our sole discretion.

It is your responsibility to determine what, if any, taxes apply to the transactions completed via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any digital asset-related transactions. All fees payable by you are exclusive of taxes unless otherwise noted. We reserve the right to withhold taxes where required.

You may agree to receive push notifications from Twigital that will alert you when DLTs supporting the Services are congested and when transactions involving your Account have been completed. If you would like to receive push notifications, you must opt-in to the service by accessing “Settings” and enabling “Push Notifications”.

We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of the Services. You are solely responsible for storing outside of the Services a backup of your Account Information. Maintaining an external backup of your Account Information will allow you to access the DLT upon which your Account is secured. Such a backup will allow you to fully restore your Account at any time without cost or loss of your digital assets. If you do not maintain a backup of your Account Information outside of the Services, you will not be able to access the digital assets associated with your Account. We shall not be held responsible or liable for any loss of digital assets in the event that we discontinue all or any part of the Services.

We may suspend your right to access or use any portion or all of the Services immediately if we determine: (a) your use of the Services (i) poses a security risk to the Services or any third party, (ii) could adversely impact our systems, the Services, or the systems of any other user, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be unlawful; (b) you are, or any user is, in breach of these Terms; (c) you are in breach of your payment obligations; or (d) for entities, you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding.

If we suspend your right to access or use any portion or all of the Services: (a) you remain responsible for all fees and charges you incur during the period of suspension; and (b) you will not be entitled to any fee credits for any period of suspension.

In the event of termination concerning your license to use the Services, your obligations under these Terms will still continue. Your access to the funds and digital assets in the Services after termination will depend on your access to your backup of your information.

For purposes of these Terms: (i) “Third Party Service” means any product or service offering from an entity other than Twigital; and (ii) “Third Party Content” means any content that an entity other than Twigital makes available through its Third Party Service.

In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement or promotion of such third party products or services by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service. You may agree to receive push notifications from Third Party Content providers. In order to receive push notifications, you must opt-in to the service. Push notifications will not be automatically enabled on your device for Third Party Content. We do not control, endorse, or adopt any Third Party Content shared through push notifications, and will have no responsibility for Third Party Content. If, to the extent permitted by Twigital, you grant express permission to a third party to access or connect to your Account, either through the third party’s product or service or through the Services, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms. You are fully responsible for all acts or omissions of any third party with access to your Account.

We make no warranties or representations, express or implied, about such linked Third Party Content, the third parties they are owned and operated by, the information contained on them, the suitability of their products or services, or the assets they make accessible. You acknowledge sole responsibility for and assume all risk arising from your use of any Third Party Content, third-party websites, applications, or resources. Third Party Content, such as Dapps and DEXs, may provide access to assets which have high risks of illiquidity, devaluation, lockup, or loss. We shall not bear any liability, whatsoever, for any damage caused by any Third Party Content. You should use care in linking your Account with any Third Party Content or otherwise providing any third parties with access to your Account or information.

The Services and Twigital, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, urls, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the Twigital logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Twigital or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.

Twigital’s name, logo, trademarks, and any of the Services’ names, designs, logos, and slogans are the intellectual property of Twigital or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Twigital” or any other name, trademark, or product or service name of Twigital or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Services constitutes the service mark, trademark, or trade dress of Twigital and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

All other third-party trademarks, registered trademarks, and product names mentioned on the Services or contained in the content linked to or associated with any NFTs displayed on the Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Twigital.

Twigital does not have ownership, custody, or control of NFTs or the smart contracts deployed by third parties. Creators of these NFTs or smart contracts are solely responsible for their operation and functionality.

As long as you agree to and comply with the Terms, we grant you a non-exclusive, non-sublicensable, and non-transferable license to use the Services for your personal use or internal business use only. Except as otherwise expressly permitted in these Terms, you will not: (a) reproduce, modify, adapt, or create derivative works of any part of the Services; (b) rent, lease, distribute, sell, sublicense, transfer, or provide access to the Services; (c) use the Services for the benefit of any third party; (d) incorporate the Services into a product or service you provide to a third party without our prior written consent; (d) circumvent mechanisms in the Services intended to limit your use; (f) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, including images and texts, underlying ideas, algorithms, file formats or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in the Services, or (h) use the Services for competitive analysis, as part of any other software or project of any kind or to build competitive products.

You are able to store NFTs on one or more of the Services. You hereby represent and warrant that you own all legal right, title in and interest to, including all intellectual property rights to the content associated with the NFT (“NFT Content”), or you are legally authorized by the owner of the intellectual property in the NFT Content to store the NFTs on the Services. You retain all rights to the NFT Content stored on the Services except for rights expressly granted herein. By using the Services, you grant us a license to access, use, host, cache, store, copy, reproduce, transmit, display, publish, distribute, adapt, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) the NFT Content in any and all media or distribution methods (now know or later developed) solely as required to be able to operate and provide the Services. We do not monitor the NFTs and NFT Content stored on the Services for any infringement of a third party’s intellectual property rights. Accordingly, we assume no liability for any action regarding any content provided by you. You further acknowledge and agree that it is your sole responsibility to carry out all necessary due diligence for all your activities relating to NFTs, and you represent and warrant that you have not and are not relying on, and shall have no remedies, in respect of any statement or representation made by us in relation to any transfer or interaction otherwise with any NFTs. If you have a dispute in relation to the NFTs and/or NFT Content, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES 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) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

You agree that you will not violate any laws, rules, or regulations when using the Services. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use our Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal or otherwise prohibited trade, illegal gambling, fraud, money laundering, or terrorist activities. For the avoidance of doubt, if we discover that you have violated these Terms and/or any applicable laws or regulatory requirements, including, but not limited to, the Bank Secrecy Act, we reserve all of our rights and remedies under these Terms and at law and will take all necessary actions against you. You further agree that: (i) you will not encourage or induce any third party to engage in any of the activities prohibited under this Section; (ii) you will not impersonate someone or use or attempt to use another user’s Account without authorization or use our Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it; (iii) you will not distribute any virus or other harmful computer code through the Services; (iv) you will not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure; (v) you will not reverse engineer or bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Services including, without limitation, other accounts, computer systems, or networks connected to the Services; and (vi) you will not violate, misappropriate, or infringe the rights of Twigital, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights.

Although we have no obligation to monitor any User Content, we have absolute discretion to remove User Content at any time and for any reason without notice. Any use of the Services other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and we shall have the right to terminate your license to use the Services immediately without notice. You acknowledge and accept that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your user content.

You agree to comply with all applicable laws including but not limited to export restrictions, end-user restrictions, antiterrorism laws, and economic sanctions. You are not permitted to download or use the Services if doing so would violate applicable laws and regulations, including but not limited to those promulgated by the United Nations Security Council, Singapore, the United Kingdom, the United States (including those prohibiting dealings with sanctioned persons identified by the U.S. Department of the Treasury’s Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons (“SDN”), or other U.S. non-SDN restricted or prohibited parties lists, and those prohibiting dealings with persons organized, resident, or located in comprehensively sanctioned jurisdictions), and/or any other applicable national, provincial, federal, state, municipal, or local laws and regulations (each as amended from time to time).

You acknowledge and agree that we have no control over and we have no duty to take any action regarding: (i) failures, disruptions, errors, or delays in the processing of digital assets that you may experience while using the Services; (ii) the risk of failure of hardware, software, and Internet connections; (iii) the risk of malicious software being introduced or found in the software underlying the Services; (iv) the risk that third parties may obtain unauthorized access to information stored within the Services; and (v) the risk of unknown vulnerabilities in or unanticipated changes to the applicable DLTs. You release us from all liability related to any losses, damages, or claims arising from: (a) user error such as forgotten private keys and/or Seed Phrases, incorrectly constructed transactions, or mistyped digital asset addresses; (b) server failure or data loss; (c) unauthorized access to the Services; (d) bugs or other errors in the Twigital software; and (e) any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against Twigital. We make no representations concerning any Third Party Content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT DAMAGES OR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS, OR OTHER BUSINESSES OR FINANCIAL BENEFITS) WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY, OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO: ANY UNAUTHORIZED USE OF YOUR ACCOUNT ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR ACCOUNT, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE TWIGITAL SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION); ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS, OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN OUR SERVICES); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS OUR SITE OR THE SERVICES OR ANY OTHER SITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING, OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO ANY ASPECT OF THE SERVICES.

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT LINKED THIRD PARTY SERVICES, THE THIRD PARTIES THEY ARE OWNED AND OPERATED BY, THE INFORMATION CONTAINED ON THEM, ASSETS AVAILABLE THROUGH THEM, OR THE SUITABILITY, PRIVACY, OR SECURITY OF THEIR PRODUCTS OR SERVICES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF THIRD PARTY SERVICES, THIRD PARTY WEBSITES, APPLICATIONS, OR RESOURCES, INCLUDING RISK OF LOSS FOR ASSETS TRADED THROUGH SUCH THIRD PARTY SERVICES. TWIGITAL SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD PARTIES AND ACCESSED THROUGH THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TWIGITAL’S 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 ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND UNDERLYING SOFTWARE OR ANY ASPECT OF THE INFORMATION, CONTENT, OR THE SERVICES, WHETHER PROVIDED OR OWNED BY US, OR BY ANY THIRD PARTY OR CONTAINED IN ANY THIRD PARTY MATERIALS OR ON ANY THIRD PARTY WEBSITES ACCESSIBLE OR LINKED TO OUR SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR GIVE WARRANTIES THAT THE ACCESS TO OR USE OF THE SERVICES AND THE FUNCTIONALITY THEREOF WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, and contractors, from and against any and all claims, damages, obligations, losses, liabilities, tort, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (a) your use of and access to the Services; (b) any feedback or submissions you provide to us; (c) violation of any Third Party Content; (d) your violation of the Terms; or (e) your violation of any law, rule, or regulation, or the rights of any third party.

All matters relating to the Services and/or these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the state of Wyoming without giving effect to any choice or conflict of law provision or rule.

If you have a dispute with us, you agree to first contact us to attempt to resolve the dispute. If such negotiations do not resolve the dispute, any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Wyoming before one arbitrator. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures (the “Rules”). You and Twigital (collectively, “Parties”) will each have the right to file early or summary dispositive motions and to request that JAMS’s Expedited Procedures apply regardless of the claim amount. The arbitration shall be heard in the English language and determined by a sole arbitrator to be appointed in accordance with the Rules. Any award or decision made by the arbitrator shall be in writing and shall be final and binding on the Parties, and judgment upon any award thus obtained may be entered in or enforced by any court having jurisdiction thereof. You waive any and all objections to the exercise of jurisdiction over you by JAMS and to such courts and to venue in such courts.

THE PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. The Parties are instead electing that all disputes shall be resolved by arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is subject to limited review.

ANY ARBITRATION WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, MULTI-PARTY ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER YOU KNOW OF, OR AFTER REASONABLE DILIGENCE YOU SHOULD HAVE KNOWN OF, THE FACTS GIVING RISE TO THE CAUSE OF ACTION OR CLAIM. FAILURE TO COMMENCE ARBITRATION WITHIN THIS TIME FRAME SHALL BE AN ABSOLUTE BAR TO SUCH CAUSE OF ACTION OR CLAIM.

If you are a user accessing or using our Services from a region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that we do not collect or process your personal data, except the information you provide through the form on our Site entitled “Stay up-to date on our release or to schedule a demo.”

Our failure to exercise or a delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

If any provision or portion of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. If, however, the waiver of class, consolidated, or multi-party actions set forth in the “Dispute Resolution, Arbitration, Jury Trial Waiver, and Waiver of Class Action and Multi-Party Proceedings” section is deemed invalid or unenforceable, neither you nor us is entitled to arbitration.

We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any acts of God, acts of civil or military authorities, acts of terrorism, civil or industrial disturbances, blockages, embargoes, war, strikes or other labor disputes, pandemics, fire, earthquakes, storms or other nature-related events, interruption in electrical telecommunications or Internet services or network provider services, failure of hardware equipment and/or software or other utility failures, smart contract bugs or weaknesses, technological changes, changes in interest rates or other monetary conditions, and, for the avoidance of doubt, changes to any DLT-related protocol, other catastrophe, or any other occurrences which are beyond our reasonable control, and shall not affect the validity and enforceability of any remaining provisions. If we are unable to perform our Services outlined in the Terms due to factors beyond our control, including, but not limited to, the aforementioned force majeure events or changes in applicable laws and/or sanctions policies, we shall not be liable for the Services provided under these Terms during the time period coincident with the event in question.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.

These Terms set forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of the Terms) and every nature between us.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to our Site, through the Services, and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with your use of the Services.

The section headings in these Terms are for convenience only and have no legal or contractual effect.

If you have any questions relating to these Terms, your rights and obligations arising from these Terms, your use of the Services, and/or any other matter please send us a message at info@Twigital.com.

We welcome feedback, comments, ideas, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by sending a message to info@Twigital.com. By submitting Feedback to us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose. No Feedback will be considered your confidential information, and nothing in these Terms limits our right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.