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Terms & Conditions

In order to use our Site or application (App), you must agree to our Terms of Use –The Terms of Use are our "rules of the road" – they are important and contain many legal disclosures that you should read carefully. Why all the rules? Bottom line: because we value your trust and loyalty and need a consistent set of rules to fairly, consistently and respectfully ensure that the Site is only used properly. If you have any questions about these Terms of Use please contact us at info@Twism.com. These Terms of Use were last updated on August 31st, 2019. It is effective between You and Us as of the date of Your acceptance of this Agreement.

Definitions

In these Terms of Use, Twism, Inc is referred to as “Twism” (collectively referred to as “we”, “us” or “our”)

We refer to our Twism users as a “user” (collectively referred to as “you”, “your” or “users”).

Our partner businesses (who provide you with “card linking” such as Fidel, “payment processing” services, such as Stripe, “payment card networks” such as Visa and Mastercard, and “local businesses”) are collectively referred to as “Third Party”, Third Parties”, “Merchant” or “Merchants”.

All loyalty points collected from participating Merchants are referred to as “coins”

The service Twism provides, as detailed below, are referred to as “the Service”.

CONSUMER:

ACCEPTANCE OF TERMS OF USE Twism, Inc ("Twism or "us" or "our") operates this website, www.Twism.com, the mobile and touch versions and any individual sites or merchant-specific, city-specific, or other area-specific sites or apps we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our website (the "Microsites") or any mobile applications will be collectively referred to as the "Site" in these Terms of Use. By using our Site and Twism's services through the Site, you ("you" or,"End User") agree to these Terms of Use, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY Twism SERVICE OFFERED THROUGH THE SITE.

1. Permitted Uses

The Site provides an interactive online service operated by Twism, consisting primarily of loyalty, fears, feedback, rating, and marketing services on behalf of certain merchants ("Merchants"). As a condition of your use of this Site, you agree that:

Your use of this Site will at all times comply with the terms of this Agreement;

If you elect to create an account:

You may create only one account for your personal use;

You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.

You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete.

2. Availability of the Site

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. Twism retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

3. Ownership of the Site

The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site without prior written permission.

4. Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can't be, and are not responsible for, the security of information that you choose to communicate with Twism and the Site while it is being transmitted. In addition, Twism is not responsible for any data lost during transmission.

5. Your Conduct on our Site

Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:

Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Twism account or in order to create multiple Twism accounts;

Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;

Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;

Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by Twism;

Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Site;

Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Twism;

Reselling or repurposing your access to the Site or any purchases made through the Site;

Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of Twism to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Twism, including without limitation, aggregating current or previously offered deals;

Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;

Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;

Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);

Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission;

Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher/coupon) without our express written permission;

Acting illegally or maliciously against the business interests or reputation of Twism, our Merchants or our services; or

Hyperlinking to the Site from any other website without our initial and ongoing consent.

6. Acceptable Use

User’s use of the Sites, any Content, and any information provided by the User including usernames and passwords, addresses, email addresses, phone number, financial information (such as credit card numbers), information related to a Twism Card or employer name ("User Information") transmitted in connection with the Sites is limited to the contemplated functionality

of the Sites. In no event may the Sites be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by Twism, (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access Twism or Content that is not authorized by Twism; (f) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access Twism or Content; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to Twism’ computer network or user accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair Twism’ servers or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively "Acceptable Use"). Twism reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in the Sites, remove Content, or assert legal action with respect to Content or use of the Sites, that Twism reasonably believes is or might be in violation of these Terms, or Twism policies including these Twism Terms and Conditions. Twism’ failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

7. Creating an Account on our Site

If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers/coupons in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Twism account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

7.1. Merchant Consent

Merchant Authorises Visa and MasterCard to access the Merchant’s payment data in order to send the Tracking Partner qualifying transactional data of participating members (the “Cardholders”) of the Twism Card-Linking Rewards Program at any of its associated retail locations, to enable card-linked offer(s) and target offers that may be of interest to the Cardholder(s).

Shall, to the extent that the Merchant receives from the Tracking Partner certain limited or aggregated data relating to transactions (“Merchant Reporting”),:

Use any Merchant Reporting for the sole purpose of substantiating any fees, and to demonstrate the Programme’s performance;

Comply with all applicable laws, including applicable data protection legislation;

Not do anything that may damage the reputation of Visa and Mastercard.

8. Linking of Credit/Debit Cards

You may link eligible credit or debit card(s) issued by Mastercard or Visa for the sole purpose of monitoring purchases of goods or services at any of the Twism Participating Businesses. Each uniquely-numbered credit or debit card is only eligible to be linked in one profile on the Twism App. If your credit or debit card has more than one authorized user, and the credit or debit card number is linked on a profile in the Twism App, any authorized purchases with a Twism Participating Business will be monitored.

Not all cards can be monitored by Twism’s third party monitoring service (“Fidel”), so each credit or debit card you enter will be validated prior to it becoming eligible to use within the Twism App. Without limitation, Visa Purchasing cards, non-reloadable prepaid cards, insurance prepaid cards, Visa Buxx, Flexible Spending Account (FSA) Visa cards, government-administered prepaid cards (EBT) and other Visa-branded cards whose transactions are not processed through the Visa U.S.A. payment system are not eligible to participate.

8.1 Transaction Eligibility

Not all transactions made with your registered card (including PIN-based transactions, payment

through a third-party digital wallet or payment app) can be monitored for eligibility to earn

rewards. Do not use a PIN when making purchases if you want the transaction to be

applied towards your offer completion, as PIN-based transactions may not be monitored.

9. Unlinking Cards & Un-enrolling Cards

You may unlink, or unenroll a previously linked eligible credit or debits card(s) issued by Visa or Mastercard from your profile on the Twism App. Unenrolling your card will remove the monitoring of purchases of goods or services at any Twism Participating Businesses and will prevent the delivery of rewards associated with those purchases.

Proceed to your Profile on the Twism App

Select the ‘Gear’ icon to access the Apps preferences menu

Select ‘My Cards” to access your list of linked eligible credit or debit card(s)

Select the “Edit” icon to access the linked eligible credit or debits card(s) removal option

Confirm the removal of the specific credit or debit card

10. Redeeming Rewards

Coins are issued to users in response to the goods or services purchased at any Twism Participating Business. Users of the Twism App may redeem their rewards for goods or services that Twism Participating Businesses have assigned to the Program.

Go to the “Business Profile” of the Twism Participating Business where you wish to redeem rewards

Select the goods or services you wish to purchase using your rewards

Select and confirm that you wish to use your available rewards for the specified goods or services

Present the “Rewards Redemption” screen to an authorized representative or employee of the Twism Participating Business to complete the transaction

Tap ok to see your rewards decremented from the total available rewards for that Twism Participating Business

Twism is not responsible for any aspect of gift card or coins purchases, fulfillment, or redemption, including if the gift card or coins are not received, issued, or ultimately unable to be redeemed and/or fulfilled. All responsibility for gift card and coin usage and redemption is between user purchasing gift card and merchant offering it.

10.1. What are Rewards?

A reward is represented by a redeemable “Coin” on the Twism App and is distributed to you in response to the successful purchase of goods or services at any Twism Participating Business.

Each Twism Participating Business uniquely establishes the number of rewards issued against the purchase amount

Each Twism Participating Business uniquely establishes the threshold amount for using coins/rewards to purchase specific goods or services

“Coins” or rewards can only be redeemed at the issuing Twism Participating Business

“Coins” or rewards cannot be converted to cash

“Coins” are held and available amounts reported in the Twism App

11. Modification of this Agreement

We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site. We suggest that you revisit our Terms of Use from time to

time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.

12. Copyright and Trademarks

Everything located on or in this Site is the exclusive property of Twism or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF Twism IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Twism owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Twism or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Twism is a trademark of TWISM, INC. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with Twism shall not be deemed to be in the public domain but rather the exclusive property of Twism, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Twism unless otherwise stated.

You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Twism does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary

rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted Twism the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant Twism the right to edit, copy, publish and distribute any material that you make available on this Site.

13. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures

Twism reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.

If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide Twism with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Send this information to: info@Twism.com.

14. Unsolicited Ideas

We do not accept or consider, directly or through any Twism employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form ("unsolicited materials"). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

Twism has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and

Twism will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

15. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER Twism, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR COUPONS PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. Twism HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

16. Limitation of Liability

USER HEREBY AGREES TO PROTECT, INDEMNIFY, DEFEND AND HOLD HARMLESS (APP)S AND ITS REPRESENTATIVES FROM AND AGAINST AND PAY (WITHOUT ANY CONDITION THAT (APP)S OR ITS REPRESENTATIVES FIRST PAY) FOR ALL CLAIMS, DEMANDS, SUITS, LIABILITIES, DAMAGES, JUDGMENTS, LOSSES AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES OR COURT COST, STATUTORY CIVIL DAMAGES, ECONOMIC DAMAGES INCURRED AS A RESULT OF ANY DISPUTES OR CLAIMS AGAINST USER FROM EITHER OR BOTH OF SCHOOLS OR (APP)S PARTICIPATING BUSINESSES, ANY INFRINGEMENT UPON THE TRADEMARK OR OTHER INTELLECTUAL PROPERTY OF (APP)S OR THE (APP)S APP, PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, WHETHER REAL OR PERSONAL, WHICH ARE ASSERTED AGAINST (APP)S OR ITS REPRESENTATIVES

IN NO EVENT SHALL Twism, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE.

17. Arbitration

We will make every reasonable effort to resolve any disagreements that you have with Twism. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Twism arising out of, relating to, or connected in any way with this Agreement this Site or the purchase or sale of any voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Twism; (b) the arbitrator shall apply Delaware law consistent with the Federal

Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Twism's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Twism shall be entitled to arbitrate their dispute.

18. End User Communications

Twism in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively "Communities"). Twism shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Twism, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Twism shall have the right, but not the obligation, to remove any material from the Communities that Twism, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, "Statements"), are those of the respective author(s) or distributor(s) and not of Twism.

19. Websites of Others

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

19. License Grant

By posting statements, ratings, or other information you grant Twism a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any statements or information submitted above extends to use for promotions, advertising, market research or

any other lawful purpose, without limitation. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content, features, tools and applications in accordance with this Agreement.

20. Liabilities and Indemnities. Read this carefully—it limits your right to sue us.

You are solely responsible for all information or content that you give us through the App, the Services and the Third Party Services.

We, Twism, Inc, our Service Providers, and Visa and Mastercard representing the Payment Card Networks, will not be responsible for any loss, damage, harm, injury, delay or inconvenience suffered or incurred by you with respect to: (i) these Terms, the App, the Services or the Third Party Services, (ii) any instruction given to, by or purported to be given by you, using Sign-In Credentials, in connection with the Services or Third Party Services, or (iii) any products or services you obtain or purchase from us or from a Third Party to whom we refer you, or otherwise. Such losses, damages, injuries, delays and inconveniences include, without limitation, (i) direct, incidental, indirect, consequential, special, aggravated, punitive or exemplary damages, (ii) loss of data, profits, information, opportunity, revenues and goodwill, and (iii) any other business interruption, commercial or economic losses. The foregoing limitation of liability applies regardless of the cause of action, even if we or a Twism company have been advised of the possibility of such damages.

In addition, in no event, even if we are negligent or any Twism company is negligent, will we or any Twism company be liable for any loss or damage suffered by you that is caused by any one or more of the following:

The actions of, or any failure to act by a Third Party or Service Provider (and no such Third Party will be considered to be acting as our agent);

Mistakes, errors, omissions, inaccuracies or other inadequacies of, or contained in the Services or Third Party Services or any data given by you to us, any Twism company or any Third Party or Service Provider, including your failure to update;

Any delay, error, interruption or failure by us, any Twism company or any Third Party or Service Provider to perform or fulfill any obligations to you due to any cause beyond our control or their control, any system malfunctions or any technical failures;

Unsecured communication being inaccurate, intercepted, reviewed or altered by others, or not received by you;

Your access to the Services or Third Party Services, including, without limitation, any delay or inability to access the Services or Third Party Services;

Your failure to receive or view any communication that has been presented to you, and neither we nor any Twism company will not be responsible for any delay, damage or inconvenience that such failure may cause; or

Your failure to fulfill any of your obligations under these Terms, including those in the “Security” section of these Terms, or to comply with any instructions we may provide to you from time to time in connection with the App and the Services.

You release and indemnify us for any claim, cost and liability incurred as a result of: (i) your use of the App or access to the Services and Third Party Services; or (ii) your breach of these Terms.

21. Termination

Twism may terminate these Terms of Use at any time. Without limiting the foregoing, Twism shall have the right to immediately terminate or suspend any of your passwords or accounts in the event Twism considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

22. Choice of Law

Any disputes arising out of or related to these Terms of Use and/or any Use by you of the Site or Twism's services shall be governed by the internal laws of the State of Delaware, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision shall be governed by the Federal Arbitration Act.

23. Additional Disclosures

No waiver by either you or Twism of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction or arbitrator holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect. You are contracting with Twism, Inc. Correspondence should be directed to: info@Twism.com.

The provisions of these Terms of Use apply equally to and are for the benefit of Twism, its subsidiaries, affiliates, Merchants, Partners and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

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