Terms and Policies

Effective date April 2, 2022

Terms of Service

A. Definitions

We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.

An "Account" represents your legal relationship with Twigflo. A "User Account" represents an individual User's authorization to log in to and use the Service and serves as a User's identity on Twigflo. "Organizations" are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many missions at once. A User Account can be a member of any number of Organizations.

The "Agreement" refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the "Terms of Service" or the "Terms") and all other operating rules, policies (including the Twigflo Privacy Statement, available at privacy) and procedures that we may publish from time to time on the Website.

"Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.

"Content" refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. "User-Generated Content" is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.

"Twigflo", "Twigflo", "We", and "Us" refer to Twigflo's owning company, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

The "Service" refers to the applications, software, products, and services provided by Twigflo, including any Beta Previews.

"The User", "You", and "Your" refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions.

An unsupervised User must be at least 13 years of age. Special terms may apply for business or government Accounts (See Section B(5): Additional Terms).

The "Website" refers to Twigflo's website located at twigflo.com, and all content, services, and products provided by Twigflo at or through the Website. It also refers to Twigflo-owned subdomains of twigflo.com, such as education.twigflo.com and docs.twigflo.com.

The terms "clone", "fork", and "copy", may appear interchangeably with respect to creating derivative work from content posted to the website.

The terms "twig", "mission", "template", and "archive" may appear interchangeably with respect to content posted to the website by a user or the Twigflo team.

Occasionally, websites owned by Twigflo may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.

B. Account Terms

User Accounts and Organizations have different administrative controls; a human must create your Account; you must be 13 or over; you must provide a valid email address; and you may not have more than one free Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.

1. Account Controls

Users. Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.

Organizations. The "owner" of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage User access to the Organization's data and missions. An Organization may have multiple owners, but there must be at least one User Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.

2. Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.

3. Account Requirements

We have a few simple rules for User Accounts on Twigflo's Service.

You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts:

  1. A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the Account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free User Account.
  2. One person or legal entity may maintain no more than one free Account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine).
  3. You must be age 13 or older. We must comply with United States law. Twigflo does not target our Service to children under 13, and we do not permit any unsupervised Users under 13 on our Service. If we learn of any User under the age of 13, we reserve the right to terminate that User's Account without notice or warning. If you are a resident of a country outside the United States, your country's minimum age may be older; in such a case, you are responsible for complying with your country's laws.
  4. Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many User Accounts as your subscription allows.
  5. You may not use Twigflo in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use Twigflo if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency. Twigflo may allow persons in certain sanctioned countries or territories to access certain Twigflo services pursuant to U.S. government authorizations. For more information, please see our Export Controls policy.

4. User Account Security

You are responsible for keeping your Account secure while you use our Service. The content of your Account and its security are up to you.

You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).

You are responsible for maintaining the security of your Account and password. Twigflo cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You will promptly notify Twigflo if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

5. User Names

Names displayed in the application to identify users may be altered at any time by the Twigflo team for any reason. These names, sometimes called usernames or login names, may be used by accounts within the application at the sole discretion of Twigflo.

Attempts to impersonate other users can be grounds for banning from the application.

6. Additional Terms

In some situations, third parties' terms may apply to your use of Twigflo. For example, you may be a member of an organization on Twigflo with its own terms or license agreements; you may download an application that integrates with Twigflo; or you may use Twigflo to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.

C. Acceptable Use

Twigflo hosts a wide variety of collaborative missions from many parts of the world, and collaboration works best when our users are able to work together in good faith. While using the service, you must abide by the terms of this agreement, which include some restrictions on content you can post, conduct on the service, and other limitations.

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

You agree that you will not under any circumstances violate our Acceptable Use Policies or Community Guidelines.

Twigflo reserves the right to remove content that is objectionable without warning and to block accounts as it deems necessary for keeping the service in good standing with the communities it serves.

Twigflo reserves the right to alter user names and team names if it deems them objectionable without warning.

D. User-Generated Content

You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. Twigflo May Remove Content

We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or Twigflo terms or policies. User-Generated Content displayed on Twigflo mobile app may be subject to mobile app stores' additional terms.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Twigflo Mission Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting Twigflo the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have utilized or forked it.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and execute it, in case Your Content is something like sound or animation content.

Except out explained in D.4.1, this license does not grant Twigflo the right to sell Your Content. It also does not grant Twigflo Mission the right to otherwise distribute or use Your Content outside of our provision of the Service, except that as part of the right to archive Your Content, Twigflo may permit our partners to store and archive Your Content as part of our service delivery implemenation.

4.1 Content Distribution

Through this agreement you are granting Twigflo the legal right to distribute content that you have chosen to share through the service.

If the content being distributed has been enrolled in our partner income program, then we will have the right to charge other users for use of those templates as appropriate to satisfy the terms of the partner income program.

Partner income program payments will be made under the terms agreed for the content distribution. At no time will Twigflo by liable for payment disbursements of distributed content which exceed the terms of such agreement or exceed the revenue received by Twigflo for that content. It is the responsibility of the enrolled content submitter to provide practical and legal means of receiving payments as per terms of the partner income program.

Content submitted for distribution by Twigflo may remain in distribution at the sole discretion of Twigflo or removed at the sole discretion of Twigflo.

5. License Grant to Other Users

Any User-Generated Content you post publicly, including teams, missions, templates, and contributions to other Users' teams or missions, may be viewed by others. By setting your teams to be viewed publicly or shared with others, you agree to allow others to view and "copy" your content (this means that others may make their own copies of Content from your teams into teams they control).

If you set your teams or other content to be viewed publicly, you grant each User of Twigflo a nonexclusive, worldwide license to use, display, and perform Your Content through the Twigflo Service and to reproduce Your Content solely on Twigflo as permitted through Twigflo's functionality (for example, through cloning). You may grant further rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other Twigflo Users.

Cloned missions and missions created from cloned templates that were properly acquired by a user, as per the terms of service for the website, which are then modified by that user are then considered original works by that user.

6. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant Twigflo the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

E. Private Content

We treat the content of private missions as confidential, and we only access it as described in our Privacy Statement—for security purposes, to assist the content owner with a support matter, to maintain the integrity of the Service, to comply with our legal obligations, if we have reason to believe the contents are in violation of agreed terms, if we have reason to believe the contents are in violation of the law, or with your consent.

1. Control of Private Teams

Some Accounts may have private teams, which allow the User to control access to Content.

2. Confidentiality of Private Teams

Twigflo considers the contents of private teams to be confidential to you. Twigflo will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.

Under no circumstances will Twigflo be held culpable for any damages resulting from access to content by any parties for any reason.

3. Access

Our policy is for Twigflo personnel to only access the content of your private teams, missions, and templates, in the situations described in our Privacy Statement.

You may choose to enable additional access to your private content. For example:

You may enable various Twigflo services or features that require additional rights to Your Content in private teams and missions. These rights may vary depending on the service or feature, but Twigflo will continue to treatyour private team and mission Content as confidential. If those services or features require rights in addition to those we need to provide the Twigflo Service, we will provide an explanation of those rights.

Additionally, we may be compelled by law to disclose the contents of your private content.

Twigflo will provide notice regarding our access to private repository content, unless for legal disclosure, to comply with our legal obligations, or where otherwise bound by requirements under law, for automated scanning, or if in response to a security threat or other risk to security or terms of services.

F. Copyright Infringement and DMCA Policy

If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on Twigflo violates your rights, please contact us as per our DMCA Policy. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

We reserve the right to terminate the Accounts of repeat infringers of this policy at our sole discretion and without notice.

G. Intellectual Property Notice

We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. Twigflo's Rights to Content

Twigflo and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Twigflo Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Twigflo.

2. Twigflo Trademarks and Logos

If you'd like to use Twigflo's trademarks, you must follow all of our trademark guidelines, including those on our logos terms.

3. License to Twigflo Policies

This Agreement is licensed under this Creative Commons Zero license. For details, see our site-policy repository.

H. API Terms

You agree to these Terms of Service, plus this Section H, when using any of Twigflo's APIs (Application Provider Interface), including use of the API through a third party product that accesses Twigflo Mission.

Abuse or excessively frequent requests to Twigflo via the API may result in the temporary or permanent suspension of your Account's access to the API. Twigflo, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed Twigflo's rate limitations.

You may not use the API to download data or Content from Twigflo for spamming purposes, including for the purposes of selling Twigflo users' personal information, such as to recruiters, headhunters, and job boards.

All use of the Twigflo API is subject to these Terms of Service and the Twigflo Privacy Statement.

Twigflo may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of Twigflo's Service.

I. Twigflo Additional Product Terms

You need to follow certain specific terms and conditions for Twigflo's various features and products, and you agree to the Supplemental Terms and Conditions when you agree to this Agreement.

Some Service features may be subject to additional terms specific to that feature or product as set forth in the Twigflo Additional Product Terms. By accessing or using the Services, you also agree to the Twigflo Mission Additional Product Terms.

J. Beta Previews

Beta Previews may not be supported or may change at any time. You may receive confidential information through those programs that must remain confidential while the program is private. We'd love your feedback to make our Beta Previews better.

1. Subject to Change

Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Service has been and is subject. By using a Beta Preview, you use it at your own risk.

2. Confidentiality

As a user of Beta Previews, you may get access to special information that isn't available to the rest of the world. Due to the sensitive nature of this information, it's important for us to make sure that you keep that information secret.

Confidentiality Obligations. You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered Twigflo's confidential information (collectively, "Confidential Information"), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the "Purpose"), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we don't otherwise prohibit or restrict such disclosure (for example, you might be part of a Twigflo Mission-organized group discussion about a private Beta Preview feature).

Exceptions. Confidential Information will not include information that is: (a) or becomes publicly available without breach of this Agreement through no act or inaction on your part (such as when a private Beta Preview becomes a public Beta Preview); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from Twigflo Mission. You will not violate the terms of this Agreement if you are required to disclose Confidential Information pursuant to operation of law, provided Twigflo has been given reasonable advance written notice to object, unless prohibited by law.

3. Feedback

We're always trying to improve of products and services, and your feedback as a Beta Preview user will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, "Feedback"), you acknowledge and agree that Twigflo will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation.

K. Payment

You are responsible for any fees associated with your use of Twigflo. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

1. Pricing

Our pricing and payment terms are available from the user profile page under "Manage Subscription" or similar wording. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

2. Upgrades, Downgrades, and Changes

We will immediately bill you when you upgrade from the free plan to any paying plan. If you change from a monthly billing plan to a yearly billing plan, Twigflo will bill you for a full year at the next monthly billing date.

If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately. You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation for information on getting a copy of that Content.

3. Billing Schedule; No Refunds

Payment Based on Plan For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.

Payment Based on Usage Some Service features are billed based on your usage. A limited quantity of these Service features may be included in your plan for a limited term without additional charge. If you choose to purchase paid Service features beyond the quantity included in your plan, you pay for those Service features based on your actual usage in the preceding month. Monthly payment for these purchases will be charged on a periodic basis in arrears. See Twigflo Additional Product Terms for Details.

Invoicing For invoiced Users, User agrees to pay the fees in full, up front without deduction or setoff of any kind, in U.S. Dollars. User must pay the fees within thirty (30) days of the Twigflo invoice date. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement. If User fails to pay any fees on time, Twigflo reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) terminate the applicable order form. User is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on Twigflo's net income) that are imposed or become due in connection with this Agreement.

4. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Twigflo.

5. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Twigflo any charge incurred in connection with your use of the Service. If you dispute the matter, contact Twigflo Support. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.

L. Cancellation and Termination

You may close your Account at any time. If you do, we'll treat your information responsibly.

1. Account Cancellation

It is your responsibility to properly cancel your Account with Twigflo. You can cancel your Account at any time by going into your Account Information page at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel Accounts in response to an email or phone request.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and your Content including your teams and missions and archives and templates which are not in use by other site user accounts within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is cancelled.

We will not delete Content that you have contributed to other Users' teams or that other Users have copied.

Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 60 days of cancellation, termination, or downgrade.

3. Twigflo May Terminate

Twigflo has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Twigflo reserves the right to refuse service to anyone for any reason at any time.

If suspension or termination of an account is due to breach of terms, no refund will be offered.

4. Survival

All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

M. Communications with Twigflo

We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to Twigflo Must Be in Writing

Communications made through email or Twigflo Support's messaging system will not constitute legal notice to Twigflo or any of its officers, employees, agents or representatives in any situation where notice to Twigflo is required by contract or any law or regulation. Legal notice to Twigflo must be in writing and served on Twigflo's legal agent.

3. No Phone Support

Twigflo only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

M2. Cookies

The Twigflo website is engineered to rely on browser cookies for delivering a good user experience. By using the website you are accepting the use of browser cookies.

M3. Data Utilization

Twigflo reserves the right to programatically analyze and aggregate user profiles and Content for feature and service research purposes.

N. Disclaimer of Warranties

We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

Twigflo provides the Website and the Service "as is" and "as available", without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Twigflo does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

O. Limitation of Liability

We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

  1. the use, disclosure, or display of your User-Generated Content;
  2. your use or inability to use the Service;
  3. the Service generally or the software or systems that make the Service available;
  4. unauthorized access to or alterations of your transmissions or data;
  5. statements or conduct of any third party on the Service;
  6. any other user interactions that you input or receive through your use of the Service; or
  7. any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

P. Release and Indemnification

You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release Twigflo from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Twigflo (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Twigflo of all liability); and (3) provides to you all reasonable assistance, at your expense.

Q. Changes to These Terms

We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any material changes and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your Twigflo account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service. You can view all changes to these Terms in our Site Policy repository.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

R. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Twigflo and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Maryland, without regard to conflict of law provisions. You and Twigflo agree to submit to the exclusive jurisdiction and venue of the courts located the city of Rockville in the state of Maryland.

Where terms are explained in languages other than English and those terms are found in conflict, the English language terms intent will apply.

2. Non-Assignability

Twigflo may assign or delegate these Terms of Service and/or the Twigflo Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and sometimes also brief summaries of the following terms and conditions. These brief summaries are not legally binding if they conflict with terms explained that follow them in the section. Section titles are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect. Any failure on the part of Twigflo to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Twigflo Mission, or by the posting by Twigflo of a revised version in accordance with Section Q.

Changes to These Terms

These Terms of Service, together with the Twigflo Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Twigflo relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

EXPORT CONTROLS POLICY

Effective date: April 2, 2022

Under our Terms of Service, users may only access and use Twigflo website in compliance with applicable law, including U.S. export control and sanctions laws.

Users are responsible for ensuring that the content they develop and share on Twigflo website complies with the U.S. export control laws, including the EAR and the U.S. International Traffic in Arms Regulations (ITAR). The cloud-hosted service offering available at Twigflo website has not been designed to host data subject to the ITAR and does not currently offer the ability to restrict content access by country. If you are looking to collaborate on ITAR or other export-controlled data, we recommend you consider Twigflo Enterprise Server, our on-premises/private cloud offering.

Specially Designated Nationals (SDNs), other denied or blocked parties under U.S. and other applicable law, and certain government officials, may be restricted from accessing or using Twigflo website. Additionally, users may not use Twigflo website for or on behalf of such parties, generally including the Governments of sanctioned countries. Furthermore, Twigflo website may not be used for purposes prohibited under applicable export control laws, including prohibited end uses described in 17 CFR 744.

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PRIVACY POLICY AND STATEMENT

Twigflo collects cookies for the purpose of providing a good user website experience. Examples of what is collected in cookies includes default settings for a user and application preferences.

Twigflo complies with US privacy laws and takes steps to protect all user's information and content that they have not elected to share with others through features of the site.

Global Access and Privacy

Twigflo provides the same standard of privacy protection to all our users and customers around the world, regardless of their country of origin or location.

Twigflo understands that different countries and localities around the world may have laws and regulations that exceed those of the US with regard to data privacy. For this reason we ask that you not use the service if the laws in your country or locality are not compatible with using our service as-is in a compliant manner.

By using the service you agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Website and the Service including but not limited to privacy related obligations for use in your country or locality that exceed requirements of a user in the USA.

Notice

We let you know when we're collecting your personal information. We let you know, in our Privacy Statement, what purposes we have for collecting and using your information, who we share that information with and under what restrictions, and what access you have to your data. We let you know that we are subject to the jurisdiction of the United States Federal Trade Commission.

Choice

We let you choose what happens to your data. Before we use your data for a purpose other than the one for which you gave it to us, we will let you know and get your permission. We will provide you with mechanisms that are in line with our terms of use to make your choices.

Onward Transfer

When we transfer your information to third party vendors that are processing it on our behalf, we are only sending your data to third parties, under contract with us, that will safeguard it consistently with our Privacy Statement. We share only the amount of data with our third party vendors as is necessary to complete their transaction.

Security

We will protect your personal information with all appropriate security measures reasonably available to us at the time of processing.

Data Integrity and Purpose Limitation

We only collect your data for the purposes relevant for providing our services to you. We collect as little information about you as we can, unless you choose to give us more. We take reasonable steps to ensure that the data we have about you is accurate, current, and reliable for its intended use.

Access

You are always able to access the data we have about you in your user profile while your account is active. You may access, update, alter, or delete your information there.

Please see our terms of service for any additional details.

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DMCA Policy

The DMCA was enacted in 1998 to expand existing US copyright law to include and address issues surrounding the internet and digital media. A DMCA takedown notice is a tool that copyright owners can use to help enforce the protections that the DMCA provides.

Six items must be clearly included on a DMCA takedown notice:

  1. Signature of the copyright owner whose work was infringed;
  2. Identification of the copyrighted work that has allegedly been violated (e.g., name, title, type of media);
  3. Specifics about the portion of the copyrighted work that has been infringed;
  4. Contact information for the copyright owner;
  5. Statement that indicates that permission has not been granted to use the copyrighted work;
  6. Statement that the information contained in the DMCA takedown notice is accurate and that the person writing the notice has the authority to act on behalf of the copyrighted work (can either be the copyright owner or an agent of the copyright holder).

Submitting a DMCA Takedown Notice

If you have legal standing to submit a valid DMCA takedown notice, send it to feedback@twigflo.com with all information clearly identified and attach a clearly legible scanned signed duplicate no larger than 500kb to the email. We will not respond to any other type of request received at that email address.

Twigflo reserves the right to handle all interactions through email so a valid reply-to email must be provided in the notice.

IMPORTANT: If any of the above required items are not clear in the submission to Twigflo, the DMCA takedown notice will not be processed.

Requests submitted without legal standing or under fraudulent circumstances may be subject to civil prosecution. Please check with an attorney on your rights and obligations before proceeding.

Disputing a DMCA Takedown Notice

If you have legal reason to dispute a takedown notice received through Twigflo because you have permission to use copyrighted material, send a clear counter-notification back to the email address we provided in the original communication to you.

Fraudulent disputes may be subject to civil prosecution. Please consult with an attorney on your rights and obligations before proceeding.

Nature of Twigflo User Content

By design mission templates are intended to be used in the creation of new missions. Users are free to share missions and templates that they create or have legally aquired in whatever way is useful for collaboration and mission completions. These rights transfer to all other users of the derived work.

Default Copyright of User Templates Published in Twigflo

All missions and mission templates marked as public scope are available for users of the site to adapt for their own use without obligation to or restrictions from the originator of the template published for that purpose.

All missions and mission templates shared on a team are available for users that are members of that team to adapt for their own use without obligation to or restrictions from the originator of the template published for that purpose. Any additional, if any, use limitation agreements on that matererial is between the content creator in the team and the team members without obligation from or on Twigflo and its operators.

Removal of Content

Twigflo reserves the right to remove content at any time for any reason.

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LOGOS AND ICONS

Effective date: April 2, 2022

All Twigflo icons and logos are copyright Twigflo, all rights reserved.

Authorized Uses

Public Distribution

We grant you the right to reproduce the Twigflo logos, icons, and screenshots, of this website in publicly disseminated publications, articles, and blogs that reference the Twigflo application. We reserve the right revoke this grant for any reason at any time.

Limited Distribution

We grant you the right to reproduce the Twigflo logos, icons, and screenshots, of this website in publications and artifacts limited to internal company uses and academic educational uses without restriction. We reserve the right to remove this grant in the future without retroactive impact.

All other uses of the Twigflo logos and icons are prohibited unless otherwise agreed in writing with authorized representatives of the Twigflo team.