Terms of Service

1. The service

Twinvia ("Twinvia", "we", "us") provides an online service for sending email and text-message marketing, managing contacts, and related tools (the "Service"). The Service is operated from the United States. You must be at least 18 years old and able to form a binding contract to use it.

2. Your account

You are responsible for everything done under your account, for keeping your password private, and for the people you add as users. Tell us promptly at [email protected] if you believe your account has been accessed without permission.

3. Consent is your responsibility

You may only send messages through the Service to people who have given you permission to contact them. For text messages this means prior express written consent as defined by the Telephone Consumer Protection Act and applicable state law. For email this means compliance with the CAN-SPAM Act. You must keep a record of how and when each contact consented, and you must honor every request to stop within the time the law requires. The Service helps you do these things, but the legal duty is yours.

4. Prohibited uses

You may not use the Service to send messages to purchased, rented, scraped or shared lists; to send unsolicited messages; to send content that is unlawful, deceptive, defamatory, infringing, threatening, sexually explicit, or that promotes illegal goods or services; to impersonate another person or business; to send messages outside the quiet hours the law sets; or to interfere with the Service or other customers. We may refuse, pause or remove any campaign that we believe violates these terms or harms the reputation of the Service.

5. Complaint and bounce limits

To protect every customer's deliverability, we may automatically pause sending from an account whose spam-complaint rate, bounce rate or unsubscribe rate exceeds thresholds we set, and we may require list clean-up before sending resumes. Repeated or serious violations may result in suspension or termination without refund.

6. Fees and billing

Plans are billed in advance for each billing period at the price shown when you subscribe. Text messages beyond your plan's allowance are billed at the per-message rate shown on the pricing page. We never charge for contacts who have unsubscribed or bounced. You may cancel at any time from your billing page; cancellation takes effect at the end of the current period and amounts already paid are not refunded except where the law requires. Prices may change with at least 30 days' notice.

7. Your content and data

Your contacts, lists, messages and records belong to you. You give us the limited permission needed to store, process and transmit them in order to run the Service. We do not sell your contact data and we do not use it to market to your contacts. Our Privacy Policy explains how we handle personal information.

8. Carrier registration

Sending text messages in the United States requires your business to be registered with the mobile carriers. Where we file that registration on your behalf, you must give us accurate information and you authorize us to submit it. Registration fees charged by carriers are passed through at cost and are not refundable.

9. Service availability

We work to keep the Service available at all times, but we do not guarantee uninterrupted operation. Message delivery depends on third parties, including mailbox providers and mobile carriers, which we do not control.

10. Disclaimer and limitation of liability

The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, and our total liability to you for any claim arising from the Service is limited to the fees you paid us in the three months before the claim arose. We are not liable for indirect, incidental or consequential damages, or for fines or penalties you incur for sending messages without the consent the law requires.

11. Indemnity

You agree to defend and hold us harmless from claims, fines and costs arising from your use of the Service, including claims that you sent messages without proper consent.

12. Termination

You may close your account at any time. We may suspend or close an account that violates these terms. After closure we keep your records for the period the law requires and then delete them.

13. Changes and governing law

We may update these terms; we will post the new version here and, for material changes, notify you by email. These terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law rules, and any dispute will be brought in the state or federal courts located in Florida.

14. Contact

Questions about these terms: [email protected].