Terms of Service

The following terms and conditions govern all use of the twitMate website and all content, services, and products available at or through the website, (taken together, our Services). twitMate and the twitMate website is owned by Big Toe Web Design Ltd. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, twitMate’s Privacy Policy) and procedures that may be published from time to time by twitMate (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our Services. If these terms and conditions are considered an offer by twitMate, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of our Services requires a twitMate account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

Your twitMate Account

If you sign up for an account with twitMate, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify twitMate of any unauthorized uses of your account, or any other breaches of security. twitMate will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. By using twitMate, you represent and warrant that your actions and conduct do not violate these terms.

Without limiting any of those representations or warranties, twitMate has the right (though not the obligation) to, in twitMate’s sole discretion, (i) reclaim your username or account due to prolonged inactivity, (ii) refuse or remove any account that, in twitMate’s reasonable opinion, violates any twitMate policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of the twitMate website to any individual or entity for any reason. twitMate will have no obligation to provide a refund of any amounts previously paid.

Services Provided

twitMate is a Twitter management service. Tweets are created, scheduled and posted for customers' Twitter accounts including writing text for Tweets, choosing images and selecting hashtags. Customer's Twitter accounts' audiences are managed including selecting relevant accounts to follow, following accounts, selecting accounts to unfollow and unfollowing accounts. Any of our Services that take place on Twitter and are automated by our Services use the official Twitter API.

Prohibited Uses

When using twitMate, you agree not to:

publish material or engage in activity that is illegal under applicable law

use twitMate to overburden our systems or any other systems, as determined by us in our sole discretion

use twitMate for a Twitter account where you do not have the legal right to manage that Twitter account

disclose the sensitive personal information of others

send spam or bulk unsolicited messages or Tweets

interfere with, disrupt, or attack any service or network

distribute material that is or enables malware, spyware, adware, or other malicious code

promote or display adult content

promote or display political content

promote or display harmful content

promote or display content that is presented as true but contains falsehoods or untruths

violate Twitter's terms of service

Payment and Renewal

General Terms: Paid subscription services are available (any such services, a “Plan”). By selecting a Plan you agree to pay twitMate the quarterly or annual subscription fees indicated for that subscription service. Payments will be charged on a pre-pay basis on the day you sign up for a Plan and will cover the use of that service for a quarterly or annual subscription period for that subscription service as indicated.

Automatic Renewal of Subscription Services Unless you notify twitMate before the end of the applicable subscription period that you want to cancel a subscription service Plan, your Plan subscription will automatically renew and you authorize us to collect the then-applicable annual or quarterly subscription fee for such Plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscription service Plans can be canceled at any time.

Refunds

Subscription service Plans can be canceled at any time and you will not be required to pay any additional fees. However, any subscription fees that you have paid in advance will not be refunded unless you contact twitMate in writing by email and request a refund and:

i) work relating to setting up of your account's Twitter App has not started

ii) work relating to setting up of your account's Twitter API access has not started

iii) work relating to writing of text for your account's Tweets has not started

iv) work relating to selection of images for your account's Tweets has not started

v) work relating to selection of your account's hashtags for Tweets has not started.

Only payments made in the last 30 days are available for refund.

Responsibilities of Users

twitMate has not reviewed, and cannot review, all of the user inputs posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, twitMate does not represent or imply that it endorses the material there posted. You are responsible for ensuring that you are legally allowed to manage a particular Twitter account when using our Services for managing that Twitter account. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. twitMate disclaims any responsibility for any harm resulting from the use by visitors of our Services.

Intellectual Property

This Agreement does not transfer from twitMate to you any twitMate or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with twitMate. twitMate and all other trademarks, service marks, graphics and logos used in connection with twitMate or our Services, are trademarks or registered trademarks of twitMate or twitMate’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any twitMate or third-party trademarks.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

twitMate may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your twitMate account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Our Services are provided “as is.” twitMate and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither twitMate nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

This Agreement and any access to or use of our Services shall be governed by and interpreted in accordance with the law of Scotland and all parties hereby submit to the exclusive jurisdiction of the Scottish courts.

Limitation of Liability

In no event will twitMate, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to twitMate under this agreement during the twelve (12) month period prior to the cause of action. twitMate shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the twitMate Privacy Policy, with this Agreement, and with all applicable laws and regulations including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct.

Indemnification

You agree to indemnify and hold harmless twitMate, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including legal fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Translation

These Terms of Service were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Miscellaneous

This Agreement constitutes the entire agreement between twitMate and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of twitMate, or by the posting by twitMate of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; twitMate may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change log:

25 March, 2021 - Terms of service created.