Tweetomizer - Terms of Service

1. Terms

By accessing the website at https://www.tweetomizer.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily use the services allotted to you on Tweetomizer's website for only the use of yourself or a business which you represent. You will be 18 years old or otherwise legally allowed to enter into a binding contract, including on behalf of an employer. You will take full responsibility for any others using this account, including other employees of the same organization.

This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy any of our materials;
  2. use our features, functions or ideas for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on Tweetomizer's website;
  4. remove any copyright or from our materials; or transfer our materials to another person or "mirror" the materials on any of our servers or materials which can otherwise reasonably be understood as forming part of our services.
  5. Use our service in any other way than prescribed by your chosen subscription plan, including using robots, spiders and other such technologies.
  6. Use Tweetomizer for the distribution of spam, as defined by Twitter’s Terms of Service.
  7. Use Tweetomizer to upload or link to any harmful content, such as Trojan horse or virus.
  8. Use Tweetomizer with the intent to copy any of the features, functions or ideas therein.
  9. Abuse Tweetomizer’s services in any way that purposefully puts high loads on our servers.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Tweetomizer at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials, related to Tweetomizer in any way, in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Tweetomizer's website are provided on an 'as is' basis. Tweetomizer makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Tweetomizer does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Tweetomizer or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Tweetomizer's website, even if Tweetomizer or a Tweetomizer authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Our dependency on other services

Our web service interacts with other web services and social networks and we are limited by the services that their API makes available for us. Should we have to change basic or fundamental aspects of how our services function, directly due to Twitter or other third-party service providers having changed their Terms of Service or API, we are not liable for any damages to you or any third party for perceived damages incurred to you due to any such change.

6. Accuracy of materials

The materials appearing on Tweetomizer's website could include technical, typographical, or photographic errors. Tweetomizer does not warrant that any of the materials on its website are accurate, complete or current. Tweetomizer may make changes to the materials contained on its website at any time without notice. However Tweetomizer does not make any commitment to update the materials.

7. Links

Tweetomizer has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Tweetomizer of the site. Use of any such linked website is at the user's own risk.

8. Customer Content and other Content

You are responsible for all content you upload to our servers. We reserve the right to edit, modify or delete any content you have uploaded to Tweetomizer’s servers. You retain all rights to content you have created. You do, however, grant us a non-exclusive, royalty-free, worldwide, perpetual license to host, display, distribute, copy, post and process any such Content.

We are not responsible for any customer content or other content entering our systems via third-party services such as Giphy.

9. Third-party services

When accessing a third-party service, even when via a link from our website or from emails originating from us, you use those services at your own risk and according to whichever Terms of Service and Privacy Services those third-party services may have in place. This includes, but is not limited to, Twitter, Cloudinary, DalPay and Giphy.

10. Trial period and fees

You must pay all fees for the services you purchase, except for services that we may expressly offer free of charge, at our own discretion. If you sign up for a free trial of Tweetomizer, we will not require you to provide any payment method. At the time of the expiry of your free trial, we will offer you, via our web services, to upgrade to a paid service. The payments for those services will be completely processed through our trusted third-party payment processing partner (DalPay) and we will not gain access to any of your payment information except for amount paid and the date paid.

11. Paid Services

For paid services (Subscription Plans), you must provide our trusted third-party payment processing partner (DalPay) with a valid credit card or other form of electronic payment. They will automatically charge you based on your chosen plan (such as monthly or yearly). We will share basics of your account information (full name and email address) with DalPay, to be able to process your purchase. Subscriptions to our plans are for fixed terms, and the associated fees payable are non-refundable. Prices for paid services are subject to change on 30 days’ notice, provided that no price change will apply during your then-current subscription term. Our trusted third-party payment processing partner may not support all payment methods, currencies or locations for payment. If the payment method you use is no longer valid (such as a credit card that has expired) and you do not edit your payment information with our trusted third-party payment processing partner or cancel your account, you authorize us to keep billing you for our services and you remain responsible for uncollected amounts. If you owe us any unpaid fees, we may suspend your access to our services without prior notice until you pay us in full. Your obligation to pay fees continues through to the end of the period during which you cancel.

Our subscription plans will renew automatically at the end of the term (typically monthly) and we will automatically bill you on renewal unless you cancel our services.

12. Cancelling, downgrading or upgrading subscriptions

You may cancel, downgrade or upgrade your subscription plan at any time via the My Subscription menu when signed into Tweetomizer. If you cancel (or downgrade) paid services, you must continue to pay for the rest of your plan term and you are not entitled to a refund. If you upgrade, you forfeit any remainder of previous payments made. If you downgrade, we will delete all Campaigns that exceed the allotted number of allowed Campaigns as per the new chosen plan. If you cancel your subscription, we will delete all Campaigns associated with your user account.

13. Errors in our system

We will make all reasonable effort to make sure that our services stay up and running at all times. We can not be held responsible if not all Campaigns get posted as planned, due to there being many possible technological reasons behind that happening. If you encounter an error in our system or a service does not function in the intended way, you are encouraged to contact us to notify us of the issue.

14. Cancellation due to breach of Terms of Service or other reasons

We may refuse to provide service to anyone for any reason at any time. We may also immediately suspend or terminate your access to our services for any reason, at any time, without notifying you in advance. If we cancel your account because you violated any part of this Agreement, you will not receive a refund.

15. Modifications

Tweetomizer may revise these terms of service for its website at any time without notice, and will at that point update the date posted at the bottom of this document. By using this website you are agreeing to be bound by the then current version of these Terms of Service.

16. Taxes

Depending on your local law, you may be required to add sales tax to the subscription price and pay that to your local or national government. You take the responsibility for paying those taxes on all fees paid to us.

17. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of South Africa and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

These Terms of Service are effective as of 18 October 2018.