Terms of Use

1. Introduction

Welcome to Twain! These Terms of Use ("Terms") govern your access to and use of the Twain website (https://www.twain.ai/) (the "Site") and any services, applications, and features provided by Twain (collectively, the "Services"). By accessing or using the Site and Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site or Services.

2. Use of Services

2.1 Eligibility

You must be at least 18 years old to use the Services. By accessing or using the Services, you represent and warrant that you meet this requirement and that you have the legal authority to enter into these Terms on your own behalf or on behalf of your organization.

2.2 User Accounts

To access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep that information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Twain immediately if you suspect any unauthorized access or security breach involving your account. Twain is not liable for any loss or damage resulting from your failure to safeguard your credentials.

2.3 Acceptable Use and Prohibited Activities

You agree to use the Services, including all generative AI features, only for lawful purposes and in accordance with these Terms. You must not:

  • Violate any applicable law, regulation, or third-party rights.
  • Misrepresent your identity or affiliation with any person or entity.
  • Upload, transmit, or distribute any material that is harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
  • Transmit malware, viruses, or any other harmful code.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services or their related systems.
  • Attempt to reverse engineer, decompile, or otherwise derive the source code of the Services, including AI models.
  • Use automated systems, bots, or scraping tools to extract data from the Services.

Twain may monitor use of the Services to ensure compliance. If we reasonably believe that your use violates these Terms or poses a security, legal, or reputational risk, we may suspend or terminate your account, remove content, or take any other action we deem appropriate.

3. Paid Accounts

3.1 Subscription and Renewal

Paid credit plans (“Subscriptions”) renew automatically at the end of each billing cycle unless you cancel. Twain will notify you in advance of any changes to subscription fees. You are responsible for keeping your payment information current and ensuring all fees and taxes are paid on time to maintain an active credit balance.

3.2 Billing, Payment Failures, and Price Changes

We charge your selected payment method for all applicable fees and taxes.

Payment Failure: Since there is only one version of the platform, a failed payment does not result in a downgrade. If a payment fails, your access to the paid features will be paused. You may continue to use any purchased credits you have remaining, but once those credits are exhausted, you will be unable to generate new leads until the payment is successful.

Plan Changes: You can modify your subscription at any time. Changes will take effect at the end of your current billing cycle (unless stated otherwise).

Price Updates: If we change subscription prices, those changes will apply at the start of your next billing cycle, and we will notify you beforehand.

3.3 Account Cancellation

You can cancel your subscription renewal anytime in your account settings.

Post-Cancellation Status: After cancellation, your subscription will remain active until the end of the current billing cycle. Afterward, your account will remain accessible, but the automatic replenishment of credits will stop.

Data and Credits: You will retain access to your account data and any valid remaining credits, subject to applicable usage rules.

Refunds: Refunds are only provided if required by law.

Deletion: If you want to permanently delete your account and all related data, please contact support@usetwain.com.

3.4 Introductory Credits and Fair Use Policy

We do not offer time-based free trials. Instead, new users are provided with a one-time allocation of complimentary credits upon sign-up to evaluate the tool ("Introductory Credits").

One Account Policy: Each user is eligible for one allocation of Introductory Credits. You are permitted to register and operate only one account.

Strict Prohibition on Abuse: Creating multiple accounts (e.g., using different email addresses, identities, or automation) to accumulate Introductory Credits is strictly prohibited.

Termination for Abuse: Abuse of the credit system constitutes a material breach of these Terms. We reserve the right to immediately and permanently ban any user found violating this policy, without prior notice, and invalidate any fraudulently obtained credits.

3.5 Account and Credit Transfer Policy

Non-Transferability and Authorized Use: Subscriptions, paid credits, and account access are granted exclusively to the registered entity or individual. These rights are non-transferable and may not be shared, resold, or sub-licensed to any third party. This restriction specifically includes separate legal entities, unaffiliated organizations, and external freelancers or contractors who are not operating under the registered entity’s direct supervision and for its sole benefit.

Single Organization Restriction: Each Paid Account is strictly limited to the internal use of a single organization. Sharing credentials or team access to permit independent use by unaffiliated entities or external business operations is prohibited.

Consequences of Misuse: A violation of this section constitutes a material breach of these Terms. As outlined in Section 10.1 (For Breach), such violations are subject to the immediate and permanent termination of the account without refund.

4. Your Data Ownership and Permissions

4.1 Ownership

You own all content you create, upload, or submit to Twain (“User Content”). Twain does not claim ownership of your User Content.

4.2 License to Twain

By using the Services, you grant Twain a worldwide, non-exclusive, royalty-free license to use your User Content only for the following purposes:

  • Operating and providing the Services
  • Fixing issues and improving performance
  • Developing and customizing new features

This license is limited to these purposes. Twain will never sell or share your User Content with third-party data brokers.

The license remains valid for as long as your content is protected by intellectual property laws.

4.3 User Responsibilities and Platform Rights

Twain may review, remove, or restrict User Content if it violates these Terms or poses legal, security, or reputational risks. We are not required to pre-screen content but may do so when necessary. Additionally, Twain reserves the right to monitor platform activity to ensure compliance with these Terms and to maintain service integrity.

4.4 Aggregated and Non-Identifying Data

Twain may use aggregated, anonymized data (data that cannot identify you) to analyze performance, improve functionality, and develop new products.

4.5 Limitations and Storage

We may set reasonable limits on storage, file size, or usage.

If we make material changes to these limits, we’ll notify you in advance.

4.6 Liability

User Content and Data Responsibility: Twain does not control, verify, or endorse User Content. You are solely responsible for your content and for ensuring it complies with all applicable laws and regulations.

Data Loss and Backups: You are responsible for maintaining independent backups of all User Content. Twain shall not be liable for any loss, corruption, modification, or failure to store User Content or data. We expressly disclaim all liability for any loss of data, regardless of the cause, and you acknowledge that your use of the service is at your own risk regarding the preservation of your content.

5. Intellectual Property

5.1 Twain Ownership

All materials, software, and technology provided through the Services, including text, graphics, logos, images, code, algorithms, and documentation, are owned by Twain or its licensors.

These materials are protected by copyright, trademark, and other intellectual property laws.

You may use them only as allowed under these Terms.

5.2 Third-Party Content and IP

The Services may include links, features, or content provided by third parties. Twain does not control or endorse third-party content and is not responsible for it.

You are responsible for following any terms or licenses that apply to third-party content you use or access through the Services.

5.3 Enforcement

Twain reserves all rights not expressly granted to you under these Terms.

Any unauthorized use of Twain’s intellectual property may result in suspension, termination, or legal action.

6. Our IP Rights and Your License

6.1 Limited License to Users

Twain grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services in line with these Terms.

This license allows you to use Twain’s tools and features for your own professional or business purposes.

Any use not expressly permitted by these Terms is prohibited.

6.2 Feedback

If you share feedback, suggestions, or ideas about Twain or the Services (“Feedback”), you grant Twain a perpetual, irrevocable, transferable, royalty-free license to use, reproduce, modify, and build upon that Feedback for any purpose.

You agree that Twain may use this Feedback without restriction, attribution, or compensation.

7. Generative AI Features and Content

7.1 User Content Ownership

You retain all rights, title, and interest in the content you submit to Twain (“User Inputs”) and the outputs generated by Twain’s AI features (“AI Outputs”). Twain does not claim ownership of your inputs or outputs. You are solely responsible for the content you provide and how you use the AI-generated results.

7.2 License to Twain

By using the Services, you grant Twain a worldwide, non-exclusive, royalty-free license to use your User Inputs and AI Outputs only to:

  • Operate and provide the Services
  • Fix issues and improve performance
  • Develop and customize new features
  • Aggregate and anonymize data to improve Twain’s AI models

Twain will not sell or share your content with third-party data brokers. This license is limited to the purposes above and remains valid as long as your content is protected by applicable intellectual property laws.

7.3 AI-Specific Acceptable Use / Prohibited Activities

You agree to use generative AI features lawfully and in compliance with these Terms. You must not:

  • Violate any applicable law, regulation, or third-party rights
  • Upload or generate content that is harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable
  • Introduce malware, viruses, or any harmful code
  • Misrepresent the origin, authorship, or authenticity of outputs
    Use AI-generated content to develop or train competing AI products
  • Attempt to reverse engineer, copy, or replicate Twain’s AI models
  • Use automated systems or scraping tools to extract data from the Services

Twain may review, restrict, or remove content that violates these rules or poses legal, security, or reputational risks.

7.4 Disclaimer

Twain’s AI features are provided “as is” and “as available.” While we make reasonable efforts to ensure performance, accuracy, and reliability, outputs may contain errors, biases, or similarities to content generated for other users. Twain disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

7.5 Usage Limits and Credits

Your subscription plan includes specific limits on the use of Services, including AI usage, credits, and data storage. Exceeding these limits may result in additional charges, temporary restrictions, or suspension of access.

Credit Mechanics:

  • Rollover & Lifespan: Provided your subscription remains active, unused credits roll over for one (1) additional billing cycle only, giving each credit a maximum lifespan of 60 days.
  • Expiration: If your subscription is cancelled or payment is not made, all remaining credits expire strictly 35 days after your last successful payment.
  • Maximum Cap: You may accumulate a maximum credit balance equal to three times (3x) your monthly subscription allowance. Any credits accrued beyond this limit will be immediately forfeited.

Purchased usage and credits are non-transferable and tied solely to your active account.

8. Disclaimers and Limitation of Liability

8.1 Disclaimers

The Services, including all generative AI features, are provided “as is” and “as available,” without warranties of any kind, whether express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.

While Twain takes reasonable measures to maintain service performance and security, we do not guarantee uninterrupted or error-free access. AI-generated outputs may contain errors, biases, or content similar to that provided to other users.

Twain is not responsible for any loss or damage resulting from:

  • Your use, reliance on, or inability to use the Services or AI-generated outputs
  • Unauthorized access to your account, servers, or data
  • Interruptions, errors, or failures in the Services
  • Transmission of malware, viruses, or other harmful code
  • Third-party content or services accessed through the Services
    Errors or omissions in content posted, transmitted, or made available through the Services

8.2 Limitation of Liability

To the maximum extent permitted by law, Twain, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, use, goodwill, or other intangible losses.

Twain’s total liability to you, for any cause of action, shall be limited to the greater of:

  • The total fees paid by you to Twain in the three months preceding the claim, or
  • $100 USD (or the equivalent in your local currency)

Some jurisdictions do not allow limitations on implied warranties or the exclusion of certain damages. In those cases, these limitations apply only to the extent permitted by law.

9. Indemnification

You agree to take responsibility and protect Twain if someone makes a claim because of your actions. This includes covering any reasonable legal or accounting costs. Specifically, you are responsible for claims arising from:

  • Your use of the Services, including generative AI features.
  • Your User Content, or any content you provide, upload, or transmit through the Services.
  • Your violation of these Terms, including Acceptable Use rules, intellectual property rights, or applicable laws.
  • Any alleged infringement of intellectual property or other rights of third parties.
  • Disputes with other users or third parties resulting from your use of the Services.

Twain may choose to handle the defence of any claim itself, at its own expense. You must cooperate if we do this. You may not settle any claim without our written consent if the settlement would create obligations or liability for Twain.

10. Termination

10.1 Twain’s Right to Terminate

Twain may suspend or terminate your access to the Services, in whole or in part, at any time, with or without cause:

  • For convenience: Twain may terminate the agreement or your account by providing at least 30 days’ prior notice.
  • For breach: If you violate these Terms, engage in prohibited activities, or pose legal, security, or reputational risks, Twain may terminate your access immediately without prior notice.
  • Termination may also occur if required by law, regulatory authorities, or Force Majeure events.

10.2 Effect of Termination

Upon termination or expiration of your account or subscription:

  • All rights and licenses granted to you under these Terms, including any access to the Services, immediately cease.
  • Any licenses you granted to Twain under Section 4.2 (e.g., to use User Content for operation, improvement, or aggregated/anonymized purposes) remain valid to the extent necessary for Twain to comply with legal obligations, resolve disputes, or maintain historical records.
  • Any accrued payment obligations or fees remain due and payable.
  • Termination does not affect rights or obligations that, by their nature, survive termination, including disclaimers, liability limitations, indemnification, and governing law provisions.

10.3 User-Initiated Termination

You may terminate your account and subscription at any time via your account settings or by contacting support@usetwain.com. Upon termination by you, the same effects described in Section 10.2 apply.

11. Modifications to the Terms

Twain may modify, update, or replace any part of these Terms at any time, at its sole discretion. Material changes will be communicated by posting updates on our website or sending an email to the address associated with your account.

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Services and cancel your account.

Material changes may include, but are not limited to:

  • Fees, billing, or subscription terms
  • User rights, including content ownership or licensing
  • Acceptable Use rules and prohibited activities
  • Disclaimers, liability, or indemnification provisions

It is your responsibility to review these Terms periodically to stay informed of any updates.

12. Dispute Resolution and Governing Law

12.1 Try to Resolve First

Before initiating any legal or arbitration proceeding, you agree to first contact Twain at support@usetwain.com with a written description of the dispute, including your name, account details, and the nature of your complaint. Twain will make reasonable efforts to resolve the dispute within 30 days. Applicable statutes of limitation will be paused during this period.

12.2 Binding Arbitration

If the dispute cannot be resolved informally, it will be resolved by binding arbitration as follows:

  • EU and international users (outside the US): Arbitration will be conducted in Berlin, Germany, in German, under German law.
  • US users: Arbitration will be conducted in the United States in English, in accordance with the rules of the American Arbitration Association (AAA).

12.3 Class-Action Waiver

Arbitration will be conducted solely on an individual basis. You and Twain waive the right to participate in any class or representative proceedings.

12.4 Opt-Out

You may opt out of this arbitration agreement by sending a written notice to support@usetwain.com within 30 days of first accepting these Terms. If you opt out, disputes will instead be resolved in the competent courts in Berlin, Germany (international users) or in your local US court (US users).

12.5 Exceptions

This arbitration agreement does not prevent you from bringing claims in small claims court, claims seeking injunctive or equitable relief, or claims related to intellectual property rights (e.g., patents, copyrights, trademarks, trade secrets).

12.6 Governing Law

These Terms are governed by the laws of Germany, without regard to conflict of law principles. For international users, German law and Berlin courts generally apply unless otherwise specified. For US users, arbitration rules outlined above govern dispute resolution.

13. Force Majeure

Twain shall not be liable or responsible for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, labor disputes, government actions, network or infrastructure failures, power outages, or other events that could not reasonably have been anticipated or avoided (“Force Majeure Event”).

If a Force Majeure Event occurs, Twain will make reasonable efforts to resume performance as soon as reasonably practicable. Users acknowledge and agree that temporary interruptions, delays, or service outages caused by such events do not constitute a breach of these Terms.

14. Electronic Communications

By using the Services, you agree that all communications, notices, and agreements between you and Twain may be provided electronically. This includes, but is not limited to, email, messages within the Twain platform, or notices posted on the Site.

You consent to receive all legal notices, updates, and other communications electronically, and you agree that such electronic communications satisfy any legal requirement that such communications be in writing. It is your responsibility to provide a valid email address and to check it regularly for communications from Twain.

15. Assignment

You may not assign or transfer your rights, obligations, or account under these Terms, in whole or in part, without prior written consent from Twain. Any attempt to assign or transfer without such consent shall be null and void.

Twain may assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without restriction. This includes transferring the Terms in connection with a merger, acquisition, or sale of assets.

These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

16. Data Security

Twain takes the security of your data seriously and maintains appropriate administrative, technical, and physical safeguards to protect against unauthorized access, disclosure, alteration, or destruction of your data.

16.1 User Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify Twain immediately if you suspect any unauthorized access to your account.

16.2 Security Measures

Twain implements reasonable security measures, including encryption, access controls, and regular monitoring, to protect user data. However, no system can be completely secure, and we cannot guarantee absolute protection against unauthorized access, hacking, or other security breaches.

16.3 Breach Notification

In the event of unauthorized access to or disclosure of your data, Twain will promptly notify you in accordance with applicable law and take reasonable steps to mitigate potential harm.

16.4 Availability

Twain strives to maintain a high level of service availability but does not guarantee uninterrupted access. Temporary outages, maintenance, or downtime due to circumstances beyond our control, including Force Majeure events, may occur.

16.5 PHI and Cardholder Data

Unless explicitly agreed in a separate contract and, where applicable, a Business Associate Agreement, you may not include personal health information (PHI) or credit card data in your content submitted to Twain.

16.6 Data Processing Location

Twain processes and stores user data primarily in data centers located within the European Union (EU). Certain processing activities may be supported by subprocessors in other geographic regions. Any international data transfers comply with applicable data protection laws, including GDPR and CCPA, using safeguards such as Standard Contractual Clauses (SCCs) or equivalent mechanisms. Twain ensures all subprocessors maintain appropriate security and privacy protections consistent with industry standards.

17. API and Developer Terms

17.1 Scope of Access

These terms apply to any product, service, interface, or application programming interface (API) provided by Twain Technology GmbH (collectively, "Twain Technology"). Access to these tools is governed strictly by these Terms.

17.2 API Keys and Credentials

You are responsible for safeguarding your API keys, tokens, and credentials. Unauthorized use or disclosure must be reported to Twain immediately.

17.3 Strict Usage Restrictions

You agree to use Twain only for lawful purposes. You are strictly prohibited from using Twain, or any data derived from it, to:

  • Build External Software: Develop, support, or enable any software application, platform, tool, or service that acts as a product for third parties. This applies regardless of whether the resulting software is:
    • Commercial (paid) or free;
    • A competing service or a non-competing tool;
    • Something a third party might interact with directly or indirectly.
    • Transmit Harmful Code: Transmit harmful or malicious code.
  • Bypass Controls: Attempt to bypass usage limits, security controls, or access restrictions.
  • Violate Laws: Violate any applicable law or third-party rights.

17.4 Rate Limits and Usage Restrictions

Twain may impose limits on API requests, data transfer, or usage. Exceeding these limits may result in temporary suspension or termination of access.

17.5 Damages and Penalties*

You acknowledge that unauthorized use of Twain, specifically the creation of software or services in violation of Section 17.3, causes significant and irreparable harm to Twain.

  • Contractual Penalty: In the event of a breach of Section 17.3 regarding the prohibition on building software or services, you agree to pay a minimum contractual penalty of $100,000 USD (or the equivalent in your local currency) per breach.
  • Further Damages: This penalty does not preclude Twain from seeking further damages if the actual financial loss or damage caused by the breach exceeds this amount.

17.6 Modification or Termination

Twain may update, restrict, or discontinue Developer Features at any time, with or without notice. Continued use constitutes acceptance of any such changes.

18. Contact Information

If you have any questions, concerns, or notices regarding these Terms or the Services, you may contact Twain using the following details:

Email: support@usetwain.com
Mailing Address: Twain Technology GmbH, Friedrichstr. 114A, 10117 Berlin, Germany

All communications sent to Twain via the above channels will be deemed received when delivered, unless otherwise required by applicable law. You agree to provide accurate contact information and to update it as needed to ensure we can reach you.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the original intent and economic effect of the invalid provision.

20. Waiver

The failure of Twain to enforce any provision of these Terms at any time, or to exercise any right or remedy, shall not be construed as a waiver of such provision, right, or remedy. No waiver by Twain shall be effective unless made in writing. A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.

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