Terms and Conditions

1.1 Agreement to Terms

These Terms and Conditions (the "Terms," "Agreement," or "Terms of Service") constitute a legally binding agreement between you (the "User," "you," or "your") and Twiink ("we," "us," "our," or "the Company") governing your access to and use of the Twiink platform, products, services, software, application programming interfaces (APIs), mobile applications, and all associated tools, features, and functionality (collectively, the "Services").

By creating an account, accessing the platform, using any Services, or clicking "I Accept" or similar affirmative action, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

1.2 Eligibility

To use the Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable laws
• If representing a business entity, have the authority to bind that entity to these Terms

If you are accessing or using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you as an individual and that entity.

1.3 Rejection of Terms

If you do not agree with any part of these Terms, or if you do not meet the eligibility requirements, you must not access, register for, or use the Services in any manner. Unauthorized use of the Services may result in account termination and legal consequences.

1.4 Scope of Application

These Terms apply to all users of the Services, including but not limited to:

• Individual users and freelancers
• Small and medium-sized businesses
• Brands and fashion companies
• Marketing and creative agencies
• Enterprise customers and organizations
• API developers and integration partners
• Free trial users and paid subscribers

2.1 Core Services

Twiink provides advanced AI-powered fashion and creative services designed to streamline and enhance content creation workflows. Our Services include, but are not limited to:

• Image Generation and Manipulation:
  • Virtual try-on technology enabling realistic visualization of clothing on models
  • AI-powered image editing and enhancement tools
  • Background replacement and scene composition
  • Product photography optimization
  • Model generation and customization
• Creative Production:
  • Automated lookbook creation and styling
  • Video generation and editing capabilities
  • Campaign asset development
  • Multi-variant product visualization
  • Batch processing for high-volume production
• Studio and Workflow Tools:
  • Cloud-based creative workspace
  • Asset management and organization
  • Collaboration features for teams
  • Template libraries and style presets
  • Integration capabilities with third-party platforms

2.2 AI-Powered Technology

The Services rely on sophisticated artificial intelligence, machine learning algorithms, computer vision, and generative models. Outputs are generated algorithmically based on your inputs, selected parameters, and system configurations. The quality, accuracy, and characteristics of outputs may vary depending on:

• Input quality and resolution
• Selected settings and parameters
• Model version and capabilities
• System load and processing capacity
• The complexity of the requested transformation

2.3 Service Availability and Modifications

We strive to maintain high availability of the Services but do not guarantee uninterrupted or error-free operation. We reserve the right to:

• Modify, suspend, or discontinue any aspect of the Services at any time
• Implement scheduled or emergency maintenance
• Update features, functionality, or user interfaces
• Introduce new services or retire existing ones
• Change service specifications, capabilities, or limitations

We will provide reasonable notice of material changes when practicable, but are not obligated to do so for minor updates, bug fixes, or security patches.

2.4 Beta Features and Experimental Services

We may offer beta, preview, or experimental features marked as such within the platform. These features are provided "as-is" without warranties and may be modified or discontinued without notice. Your use of beta features may be subject to additional terms or usage restrictions.

3.1 Account Creation

To access certain features of the Services, you must create an account by providing:

• A valid email address
• A secure password meeting our security requirements
• Your full name or business name
• Any additional information required for verification or compliance purposes

You may also be able to register using third-party authentication services (such as Google, Microsoft, or social media accounts), in which case you authorize us to access certain information from those accounts.

3.2 Account Information Accuracy

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and current
• Notify us immediately of any unauthorized access to or use of your account
• Ensure that your contact information is valid so we can communicate important updates

Providing false, inaccurate, or misleading information may result in account suspension or termination.

3.3 Account Security

You are solely responsible for:

• Maintaining the confidentiality and security of your account credentials (username, password, API keys, access tokens)
• All activities, actions, and content uploaded or generated under your account, whether authorized by you or not
• Restricting access to your account and devices
• Implementing appropriate security measures for accounts with multiple users

You must use strong, unique passwords and enable two-factor authentication when available. You agree to immediately notify us of any suspected or actual security breach, unauthorized access, or password compromise by contacting our security team at security@twiink.com.

3.4 Account Types and Limitations

Different account types (individual, business, enterprise) may have different features, usage limits, and access rights. You agree to use only the account type appropriate for your use case and to upgrade if your usage exceeds the limitations of your current account type.

3.5 Account Transfer and Assignment

Accounts are personal to you or your organization and may not be transferred, sold, assigned, or shared with third parties without our prior written consent. Enterprise accounts may designate authorized users in accordance with their subscription agreement.

4.1 Service Plans

Twiink operates on a flexible subscription and/or usage-based model that may include:

• Free tier with limited features and usage
• Monthly or annual subscription plans
• Pay-as-you-go usage-based pricing
• Enterprise custom agreements
• Token or credit-based consumption systems

4.2 Token System

Many Services operate on a token, credit, or usage unit system where different actions consume varying amounts of tokens based on:

• The type of operation (image generation, video creation, editing, etc.)
• Complexity and processing requirements
• Output resolution and quality settings
• Batch size and processing volume
• Premium features or advanced models used

Token values, consumption rates, and calculation methods are described within the platform interface, in your account dashboard, and in our pricing documentation. We reserve the right to adjust token consumption rates with reasonable notice.

4.3 Token Allocation and Limits

Each subscription plan includes:

• A specified token allocation per billing period
• Usage limits on specific features or operations
• Rate limits to prevent abuse and ensure fair usage
• Overage options or automatic top-ups (if configured)

Tokens are allocated at the start of each billing period and are intended for use within that period unless otherwise specified.

4.4 Token Expiration

Unless your subscription plan explicitly includes rollover provisions:

• Unused tokens typically expire at the end of each billing cycle
• Expired tokens cannot be refunded, transferred, or credited
• Purchased token packages may have specific expiration terms

You are responsible for monitoring your token usage and expiration dates through your account dashboard.

4.5 Fair Usage Policy

All plans are subject to our Fair Usage Policy. We reserve the right to limit, throttle, or suspend access if we detect usage patterns that:

• Significantly exceed normal or expected usage for your plan tier
• Indicate automated scraping, systematic downloading, or bulk extraction
• Strain system resources or impact service quality for other users
• Violate the intended use case for the Services
• Appear to circumvent usage limits or pricing structures

We will make reasonable efforts to contact you before taking action, except in cases of severe abuse or terms violations.

5.1 Fees and Charges

All fees for the Services are stated in the applicable currency (typically USD unless otherwise specified) and are quoted exclusive of applicable taxes unless explicitly stated otherwise. Current pricing is available on our website and within the platform.

5.2 Payment Terms

Fees are payable in advance for subscription plans unless otherwise agreed in writing for enterprise customers. By providing payment information, you authorize us to charge:

• Subscription fees at the start of each billing cycle
• Overage charges if you exceed your plan limits (if overage is enabled)
• Any additional services, features, or token packages you purchase
• Applicable taxes and government-imposed fees

5.3 Payment Methods

Payments may be processed through third-party payment service providers (such as Stripe, PayPal, or other gateways). By providing payment information, you represent that:

• You are authorized to use the payment method provided
• The payment information is accurate and current
• You will maintain sufficient funds or credit to cover charges

We do not store complete credit card numbers on our servers; payment information is securely handled by our payment processors in compliance with PCI DSS standards.

5.4 Automatic Renewal

Subscription plans automatically renew at the end of each billing cycle (monthly or annual) unless you cancel prior to the renewal date. You will be charged the then-current rate for your subscription plan. We will provide reasonable notice of any price changes before they take effect.

5.5 Failed Payments

If a payment fails or is declined:

• We will attempt to process the payment again according to our retry schedule
• Your access to the Services may be suspended or limited until payment is received
• You remain responsible for all outstanding charges
• We may charge reasonable fees for failed payment processing

To avoid service interruption, ensure your payment information remains current and valid.

5.6 Taxes and Government Charges

You are responsible for all applicable taxes, duties, customs fees, VAT, GST, sales tax, or other governmental charges imposed in connection with your purchase or use of the Services, regardless of whether such charges are billed by us.

For business customers in certain jurisdictions, you may provide a valid tax exemption certificate or VAT registration number. We will collect and remit applicable taxes as required by law.

5.7 Currency and Conversion

Prices are listed in the specified currency. If you pay in a different currency, your payment provider may apply currency conversion rates and foreign transaction fees over which we have no control.

5.8 Invoicing

For paid subscriptions, we will provide invoices or receipts via email or through your account dashboard. Enterprise customers may receive customized invoicing based on their agreement terms.

6.1 General Refund Policy

Except where explicitly required by applicable law, guaranteed in writing as part of a specific promotion, or agreed to in an enterprise contract, all fees paid for the Services are non-refundable. This includes but is not limited to:

• Subscription fees (monthly or annual)
• Token purchases or usage fees
• One-time feature purchases
• Setup or implementation fees
• Unused portions of prepaid services

6.2 Subscription Cancellations

You may cancel your subscription at any time through your account settings or by contacting customer support. Upon cancellation:

• You will retain access to paid features until the end of your current billing period
• No refund will be provided for the remaining portion of the billing period
• Your subscription will not automatically renew
• Unused tokens will expire at the end of the billing period unless your plan includes rollover provisions
• Your account may be downgraded to the free tier (if available) or deactivated

6.3 Trial Period Cancellations

If you are on a free trial and cancel before the trial period ends, you will not be charged. If you do not cancel before the trial ends, you will automatically be charged for the subscription plan at the standard rate.

6.4 Immediate Termination

If we terminate your account for violation of these Terms, no refund will be provided, and you will remain liable for all charges incurred through the termination date.

6.5 Exceptional Circumstances

In cases of technical failures, service outages caused by us, or other extraordinary circumstances, we may, at our sole discretion, offer credits, refunds, or service extensions. Any such accommodations are made on a case-by-case basis and do not establish a precedent or ongoing obligation.

6.6 Legal Rights

Nothing in this section limits any non-waivable statutory rights you may have under applicable consumer protection laws in your jurisdiction.

7.1 Twiink's Proprietary Rights

All rights, title, and interest in and to the Services, including but not limited to:

• Software, source code, and algorithms
• AI models, training methodologies, and architectures
• User interfaces, designs, and visual elements
• Platform workflows and automation logic
• Branding, trademarks, logos, and trade dress
• Documentation, guides, and tutorials
• Database structures and organization
• Any improvements, modifications, or derivative works

are owned by or licensed to Twiink and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant you any ownership rights in the Services.

7.2 Limited License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business or personal purposes in accordance with these Terms and any applicable subscription plan limitations.

7.3 Restrictions on Use

You may not, and may not permit others to:

• Copy, modify, adapt, translate, or create derivative works of the Services
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Services
• Rent, lease, lend, sell, sublicense, assign, distribute, or otherwise transfer rights to the Services
• Remove, obscure, or alter any proprietary notices or labels on the Services
• Use the Services to develop competing products or services
• Access the Services to build a similar or competitive service
• Frame or mirror any part of the Services without our prior written consent
• Use automated systems (bots, scrapers) to access the Services except through authorized API channels

7.4 Feedback and Suggestions

If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Services ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our Services without any obligation to you.

8.1 Your Content

"User Content" means any images, photographs, videos, text, data, designs, models, or other materials that you upload, submit, transmit, or provide to the Services. You retain all ownership rights in your original User Content, subject to the licenses granted in these Terms.

8.2 License Grant to Twiink

By uploading or providing User Content to the Services, you grant Twiink and its service providers a limited, non-exclusive, worldwide, royalty-free, sublicensable license to:

• Process, store, cache, and transmit your User Content
• Analyze and use your User Content to provide the Services
• Generate outputs based on your User Content
• Use aggregated, anonymized data derived from User Content for service improvement, analytics, and model training
• Display User Content within your account and to authorized users you designate
• Make temporary copies necessary for technical operation and delivery of the Services

This license terminates when you delete the User Content from the Services, except for:

• Copies retained in backup systems for a reasonable period
• Aggregated or anonymized data that cannot be associated with you
• Content shared with other users who have separately retained it
• Content necessary for legal compliance or dispute resolution

8.3 Representations and Warranties

You represent and warrant that:

• You own or have obtained all necessary rights, licenses, consents, and permissions to upload and use the User Content
• Your User Content does not infringe, violate, or misappropriate any third-party intellectual property rights, privacy rights, publicity rights, or other legal rights
• You have obtained all necessary consents from individuals whose likeness, image, or personal information appears in your User Content
• Your User Content complies with all applicable laws and regulations
• You have the authority to grant the licenses described in these Terms

8.4 Content Responsibility

You are solely responsible for your User Content and the consequences of uploading, publishing, or using it. We do not endorse, verify, or assume any responsibility for User Content. We are not obligated to monitor User Content but reserve the right to review, flag, or remove content that violates these Terms.

8.5 Prohibited Content

You agree not to upload, submit, or use User Content that:

• Depicts, promotes, or facilitates illegal activities
• Contains malware, viruses, or malicious code
• Infringes intellectual property rights of third parties
• Contains sensitive personal information without consent
• Depicts minors in any inappropriate context
• Is defamatory, harassing, threatening, or abusive
• Promotes violence, discrimination, or hatred
• Violates any applicable law or regulation

9.1 Ownership of Outputs

Subject to your compliance with these Terms and payment of applicable fees, you are granted ownership rights or an exclusive license (as applicable) to the outputs directly generated by the Services based on your User Content and instructions ("Generated Outputs"), with the following conditions and limitations.

9.2 Usage Rights

You may use Generated Outputs for:

• Commercial purposes, including marketing, advertising, and sales
• Editorial and journalistic purposes
• Personal, non-commercial purposes
• Incorporation into your products, services, or creative works
• Public display, distribution, and publication

9.3 Restrictions on Generated Outputs

You may not use Generated Outputs to:

• Create competing AI services or models
• Train machine learning models without our consent (except for your own internal purposes)
• Generate content that violates the Prohibited Uses outlined in Section 10
• Mislead others about the nature of the content (see Section 9.5)

9.4 Similarity to Other Outputs

Due to the nature of AI systems, Generated Outputs may be similar to outputs generated for other users, especially when using similar inputs or common requests. We do not guarantee uniqueness or exclusivity of Generated Outputs.

9.5 Attribution and Disclosure

While not required in all contexts, we encourage you to disclose when content has been AI-generated where appropriate, especially:

• In commercial contexts where disclosure may be expected or required
• When publishing content that could be mistaken for human-created work
• In jurisdictions where AI disclosure requirements apply
• When relevant to transparency or ethical considerations

You may not present Generated Outputs as photographs, likenesses, or authentic depictions of real individuals or events when they are not, particularly in contexts where such misrepresentation could cause harm or confusion.

9.6 Output Review Responsibility

You are solely responsible for reviewing, validating, editing, and approving all Generated Outputs before any use, publication, or distribution. This includes ensuring that outputs:

• Are suitable for your intended purpose
• Meet your quality and accuracy standards
• Comply with applicable laws and regulations
• Do not infringe third-party rights
• Are appropriate for your target audience

10.1 Compliance with Laws

You agree to use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, regulations, and industry standards.

10.2 Prohibited Activities

You agree not to use the Services to, or permit others to:

10.3 Automated and High-Volume Use

Automated access is only permitted through official API channels with appropriate rate limits. Unauthorized automated access, scraping, or bulk extraction is prohibited.

10.4 Monitoring and Enforcement

We reserve the right to:

• Monitor use of the Services for compliance with these Terms
• Investigate suspected violations using available technical means
• Review flagged content or reported violations
• Implement automated systems to detect and prevent prohibited uses

We are not obligated to monitor all use but may do so at our discretion.

10.5 Consequences of Violations

Violation of prohibited uses may result in:

• Immediate removal of violating content
• Temporary or permanent suspension of account access
• Termination of your subscription without refund
• Legal action and reporting to law enforcement authorities
• Liability for damages and our costs, including legal fees

11.1 Nature of AI Technology

The Services utilize artificial intelligence and machine learning technologies that are inherently probabilistic and non-deterministic. AI-generated outputs are based on patterns learned from training data and algorithmic processing, not human judgment or understanding.

11.2 No Guarantees of Accuracy

AI-generated outputs may:

• Contain factual inaccuracies, inconsistencies, or errors
• Exhibit biases present in training data
• Produce unexpected, nonsensical, or inappropriate results
• Fail to meet your specific requirements or expectations
• Vary in quality and characteristics from use to use

We make no representations or warranties regarding the accuracy, reliability, completeness, appropriateness, or quality of any AI-generated outputs.

11.3 Professional Review Required

You acknowledge and agree that:

• AI outputs are not a substitute for professional judgment, expertise, or human review
• Outputs must be reviewed, validated, and verified before any commercial, professional, or public use
• You are solely responsible for determining whether outputs are suitable for your intended purpose
• Outputs should not be relied upon for critical decisions without independent verification

11.4 Specific Use Case Limitations

AI-generated content should not be used as the sole basis for:

• Medical, health, or safety decisions
• Legal advice or determinations
• Financial investment or trading decisions
• Professional licensing or credential verification
• Identity verification or authentication
• Law enforcement or judicial proceedings

Always consult qualified professionals for specialized advice.

11.5 Service Limitations

The Services may experience:

• Processing delays during high-demand periods
• Temporary unavailability or reduced functionality
• Changes in output quality or characteristics over time
• Limitations based on input quality or complexity
• Technical errors or system failures

11.6 No Liability for AI Outputs

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY CONSEQUENCES ARISING FROM YOUR USE OF OR RELIANCE ON AI-GENERATED OUTPUTS. This includes but is not limited to:

• Decisions made based on AI outputs
• Damages resulting from inaccurate or inappropriate outputs
• Losses from business or operational reliance on the Services
• Reputational harm from use of generated content
• Legal or regulatory consequences of using outputs

12.1 Service Provided "As-Is"

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING ACCURACY, RELIABILITY, OR COMPLETENESS OF RESULTS
• WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION
• WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS
• WARRANTIES REGARDING SECURITY OR FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS

12.2 Third-Party Content and Services

The Services may contain links to or integrate with third-party websites, services, or content. We do not endorse, control, or assume responsibility for any third-party content, services, or websites. Your interactions with third parties are solely between you and such third parties.

12.3 No Professional Advice

The Services are not intended to provide, and do not constitute, professional advice of any kind including legal, financial, medical, or technical advice. Any information or outputs provided through the Services are for general informational purposes only.

12.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties. In such jurisdictions, the above exclusions may not apply to you, and you may have additional rights.

13.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TWIINK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR USE
• LOSS OF BUSINESS OPPORTUNITIES OR GOODWILL
• SERVICE INTERRUPTIONS OR SYSTEM FAILURES
• COST OF SUBSTITUTE GOODS OR SERVICES
• DAMAGES ARISING FROM USE OF OR RELIANCE ON AI OUTPUTS

WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Cap on Direct Damages

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO TWIINK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR
• ONE HUNDRED DOLLARS ($100)

13.3 Basis of the Bargain

You acknowledge that the limitations of liability set forth in this Section reflect a reasonable allocation of risk between you and Twiink and form an essential basis of the bargain between the parties. The Services would not be provided to you without these limitations.

13.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13.5 Exceptions

Nothing in these Terms shall exclude or limit our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law

14.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Twiink, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, partners, suppliers, and licensors (collectively, "Indemnified Parties") from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use or misuse of the Services
• Your User Content or Generated Outputs
• Your violation of these Terms or any applicable law or regulation
• Your infringement or violation of any third-party intellectual property, privacy, publicity, or other rights
• Any misrepresentation made by you
• Any disputes between you and other users or third parties
• Your negligence, willful misconduct, or unlawful conduct

14.2 Defense and Settlement

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims and not to settle any such matter without our prior written consent.

14.3 Notice of Claims

You agree to promptly notify us of any third-party claims subject to indemnification and to provide reasonable assistance in the defense of such claims at our expense.

15.1 Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our data practices as described in the Privacy Policy.

15.2 Data Processing

By using the Services, you acknowledge and agree that:

• Your User Content will be processed, stored, and analyzed as necessary to provide the Services
• Data may be transferred to and processed in multiple geographic regions
• We may use aggregated, anonymized data for service improvement and analytics
• AI systems may process your content to generate outputs and improve model performance

15.3 Data Security

While we implement reasonable security measures to protect your data, you acknowledge that no system is completely secure, and we cannot guarantee absolute security of your information.

15.4 User Responsibilities

You are responsible for:

• Ensuring you have appropriate rights and consents for any personal data you upload
• Complying with applicable data protection laws in your use of the Services
• Implementing appropriate security measures for your account
• Not uploading sensitive personal information unless necessary and appropriate

16.1 Term

These Terms commence when you first access or use the Services and continue until terminated in accordance with this section.

16.2 Termination by You

You may terminate your account and stop using the Services at any time by:

• Canceling your subscription through account settings
• Contacting customer support to request account closure
• Ceasing all use of the Services

Account closure does not relieve you of any obligations incurred prior to termination.

16.3 Termination by Twiink

We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach or violation of these Terms
• Non-payment of fees or chargebacks
• Fraudulent, abusive, or illegal activity
• Conduct that harms or may harm other users or Twiink
• Request by law enforcement or government agencies
• Discontinuation or material modification of the Services
• Extended periods of inactivity

16.4 Effect of Termination

Upon termination of your account:

• Your right to access and use the Services immediately ceases
• We may delete your account data, User Content, and Generated Outputs in accordance with our data retention policies
• You remain liable for all charges and obligations incurred prior to termination
• All provisions of these Terms that by their nature should survive termination shall remain in effect

16.5 Data Retrieval

Before terminating your account, you should download or export any content you wish to retain. After account termination, we are not obligated to maintain or provide access to your data, except as required by law or our Privacy Policy.

16.6 No Refunds Upon Termination

Termination does not entitle you to any refunds of fees already paid. If we terminate your account for cause, you remain liable for all amounts due through the date of termination.

17.1 Changes to Services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, including but not limited to:

• Features, functionality, or capabilities
• Pricing, subscription plans, or token allocation
• User interface or user experience
• Technical requirements or specifications
• Integration capabilities

We will use commercially reasonable efforts to notify you of material changes that negatively impact your use of the Services, but we are not obligated to provide advance notice for all modifications.

17.2 Changes to Terms

We may update or revise these Terms from time to time to reflect:

• Changes in legal or regulatory requirements
• Updates to our services or business practices
• New features or functionality
• Security, privacy, or operational improvements
• Clarifications or corrections

17.3 Notice of Changes

When we make material changes to these Terms, we will:

• Update the "Last Updated" date at the top of this document
• Provide notice through one or more of the following methods:
  • Email notification to your registered email address
  • In-app notification or banner when you log in
  • Notice on our website or platform
  • Other reasonable means of communication

17.4 Acceptance of Changes

Your continued use of the Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree with any changes, you must discontinue use of the Services and may cancel your subscription.

17.5 Requirement to Review

It is your responsibility to review these Terms periodically for changes. We recommend checking for updates regularly, particularly before each use if you do not use the Services frequently.

18.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us at legal@twiink.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations for a period of at least 30 days.

18.2 Binding Arbitration

If we cannot resolve the dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by a mutually agreed arbitration service, rather than in court, except that:

• You may assert claims in small claims court if your claims qualify
• Either party may seek equitable relief in court for infringement or misuse of intellectual property rights

The arbitration will be conducted in accordance with the rules of the selected arbitration service. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.

18.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You and Twiink agree to waive the right to a trial by jury and to participate in class actions or class arbitrations.

18.4 Exceptions and Opt-Out

If you do not wish to be bound by the arbitration and class action waiver provisions, you must notify us in writing within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration and class action waiver provisions.

18.5 Jurisdictional Variations

The dispute resolution provisions may not apply or may be modified in jurisdictions where they are prohibited by law. In such cases, disputes will be resolved in accordance with applicable local laws and regulations.

19.1 Region-Agnostic Approach

These Terms are intended to be interpreted in a commercially reasonable manner that is generally applicable across different jurisdictions. We strive to comply with applicable laws in all regions where the Services are offered.

19.2 Governing Law

To the extent that choice of law is necessary or required:

• For users in the European Economic Area (EEA), United Kingdom, or Switzerland: The laws of your country of residence will govern, to the extent required by mandatory consumer protection laws
• For users in other jurisdictions: These Terms shall be governed by the laws of a neutral jurisdiction to be determined based on the specific circumstances, without regard to its conflict of law provisions

19.3 Jurisdiction and Venue

Subject to the arbitration provisions above, you agree that any legal action or proceeding arising out of these Terms may be brought in courts located in a mutually agreeable jurisdiction or as required by applicable law. For business users, you consent to the personal jurisdiction of such courts.

19.4 Local Law Compliance

Nothing in these Terms limits your rights under mandatory consumer protection, data protection, or other laws applicable in your jurisdiction. Where these Terms conflict with mandatory local laws, the local laws shall prevail to the extent of the conflict.

20.1 Global Availability

The Services are controlled and operated from various locations worldwide. We make no representation that the Services are appropriate or available for use in all locations. Access to the Services from territories where the content or functionality is illegal is prohibited.

20.2 Export Compliance

You agree to comply with all applicable export and import control laws and regulations, including those of the United States and other countries. You represent that:

• You are not located in, under the control of, or a national or resident of any country subject to comprehensive sanctions
• You are not identified on any government restricted party list
• You will not use the Services in violation of any export restriction or embargo

20.3 Restricted Territories

We reserve the right to limit the availability of the Services or specific features in certain geographic regions due to legal, regulatory, or operational reasons.

21.1 Copyright Policy

Twiink respects the intellectual property rights of others and expects users to do the same. We will respond to clear notices of alleged copyright infringement in accordance with applicable copyright laws, including the Digital Millennium Copyright Act (DMCA) where applicable.

21.2 DMCA Takedown Procedure

If you believe that your copyrighted work has been infringed through the Services, please provide our designated copyright agent with the following information:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work claimed to have been infringed
• Identification of the allegedly infringing material and information reasonably sufficient to locate it
• Your contact information (address, telephone number, email)
• A statement that you have a good faith belief that use of the material is not authorized
• A statement, under penalty of perjury, that the information provided is accurate and you are authorized to act on behalf of the copyright owner

Copyright Agent Contact:
Email: copyright@twiink.com

21.3 Counter-Notification

If you believe your content was wrongly removed due to a copyright claim, you may submit a counter-notification containing:

• Your physical or electronic signature
• Identification of the removed material and its prior location
• A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
• Your contact information and consent to jurisdiction

21.4 Repeat Infringer Policy

We maintain a policy of terminating, in appropriate circumstances, accounts of users who are repeat copyright infringers.

22.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific Services, constitute the entire agreement between you and Twiink regarding the Services and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.

22.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If modification is not possible, the provision shall be severed, and the remaining provisions shall remain in full force and effect.

22.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Twiink. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

22.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision shall be null and void. We may assign these Terms or any rights hereunder without restriction, including to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.

22.5 Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

22.6 Independent Contractors

The relationship between you and Twiink is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between the parties.

22.7 No Third-Party Beneficiaries

These Terms are for the benefit of, and shall be enforceable by, the parties only. Nothing in these Terms, express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever.

22.8 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect. They shall not be used to interpret or construe these Terms.

22.9 Language

These Terms may be translated into other languages for convenience. In the event of any conflict or inconsistency between the English version and any translation, the English version shall prevail.

22.10 Survival

The following sections shall survive any termination or expiration of these Terms: Intellectual Property Rights, User Content and License, AI-Generated Outputs, Prohibited Uses, AI Limitations and Disclaimer, Warranties and Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and Miscellaneous Provisions.

22.11 Notices

All notices to Twiink must be sent in writing to legal@twiink.com or to our registered address. We may provide notices to you via email to the address associated with your account, through in-app notifications, or by posting on our website. Notices shall be deemed given:

• When delivered personally
• When sent by email (on the date sent if confirmed)
• Three business days after mailing by certified or registered mail
• When posted on our platform or website

You are responsible for keeping your contact information current.

22.12 Electronic Communications

By using the Services, you consent to receive electronic communications from us, including emails, push notifications, text messages (if provided), and notices posted on the platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

23.1 Precedence of Custom Terms

If you have entered into a separate written agreement with Twiink for enterprise or custom services (an "Enterprise Agreement"), the terms of that Enterprise Agreement shall prevail over these Terms to the extent of any conflict. These Terms shall apply to any matters not addressed in the Enterprise Agreement.

23.2 Volume and Enterprise Customers

Enterprise customers may be subject to additional terms, service level agreements (SLAs), data processing agreements (DPAs), or other contractual provisions negotiated separately. Contact our enterprise team at enterprise@twiink.com for information about enterprise plans and custom agreements.

24.1 API Access

If you access the Services through our API, you agree to comply with our API documentation, usage guidelines, rate limits, and any additional developer terms. API access may be subject to separate authentication, registration, and approval processes.

24.2 API Rate Limits

API usage is subject to rate limits designed to ensure fair usage and platform stability. Exceeding rate limits may result in temporary throttling, request rejection, or account suspension.

24.3 API Changes

We may modify, update, or deprecate API endpoints with reasonable notice to developers. You are responsible for updating your integrations to maintain compatibility with current API versions.

24.4 Developer Responsibilities

As an API developer, you agree to:

• Implement appropriate error handling and retry logic
• Cache responses appropriately to minimize unnecessary API calls
• Monitor your API usage and comply with rate limits
• Secure your API credentials and not share them with unauthorized parties
• Comply with all applicable laws in your use of API data and outputs

25.1 Experimental Nature

Beta, preview, alpha, or experimental features (collectively, "Beta Features") are provided for testing and evaluation purposes. Beta Features may be incomplete, unstable, or subject to significant changes.

25.2 No Warranties for Beta Features

BETA FEATURES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. We do not guarantee that Beta Features will be made generally available, and we may discontinue Beta Features at any time without notice.

25.3 Feedback on Beta Features

By using Beta Features, you agree that we may collect additional usage data and feedback to improve the features. You may be asked to provide feedback or participate in surveys regarding Beta Features.

25.4 No SLA for Beta Features

Beta Features are not subject to any service level agreements or uptime guarantees. They may experience more frequent downtime, errors, or performance issues than generally available features.

26.1 Commitment to Accessibility

We are committed to making the Services accessible to users with disabilities and strive to comply with applicable accessibility standards, including WCAG (Web Content Accessibility Guidelines) where feasible.

26.2 Accessibility Feedback

If you encounter accessibility barriers or have suggestions for improvement, please contact us at accessibility@twiink.com. We welcome your feedback and will work to address accessibility concerns.

27.1 General Inquiries

For general questions about the Services, these Terms, or your account:

• Email: support@twiink.com
• Support Portal: support.twiink.com
• Website: www.twiink.com

27.2 Specific Departments

• Privacy Questions: privacy@twiink.com
• Copyright/DMCA: copyright@twiink.com
• Security Issues: security@twiink.com
• Legal Matters: legal@twiink.com
• Enterprise Sales: enterprise@twiink.com
• Billing Support: billing@twiink.com

27.3 Mailing Address

Twiink, Inc.
[Street Address]
[City, State/Province, Postal Code]
[Country]

27.4 Response Time

We strive to respond to all inquiries within 2-3 business days. For urgent matters, please indicate "Urgent" in your subject line. For critical security issues, contact our security team immediately.

By clicking "I Accept," creating an account, accessing the Services, or using any part of the Services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms in their entirety
• You have read and agree to our Privacy Policy
• You meet the eligibility requirements to use the Services
• You have the authority to enter into these Terms on behalf of yourself or your organization
• You understand the nature and limitations of AI-generated content
• You accept the risks associated with using the Services
• You will comply with all applicable laws in your use of the Services

If you do not agree to these Terms, you must not access or use the Services.