Twingle Logo
FAQContact

Terms of Service

Last updated: June 13, 2024

Important: These Terms require all disputes between us to go through binding arbitration instead of government court. By accepting these Terms, you waive any right to have disputes decided (1) by a judge or jury and (2) in class or representative actions. You can opt-out of arbitration for 30 days after you first accept these Terms. To opt-out, see Section (k) under Dispute Resolution below.

Please read these Terms of Service (these “Terms” ) carefully before using the Twingle: AI Baby Generator mobile app or our website at https://www.twingle.me (collectively, the “Services”). The Services are operated by Twingle LLC, a Delaware limited liability company (“us,” “we,” “our”). In these Terms, “you” means you as a user of the Services. Your access to and use of the Services is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Services.

By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Services.

Updates: These Terms are effective as of the Last Updated date above. As the Services change, we may update these Terms by posting a new version and updating the Last Updated date. We will notify you in advance of any updates that, in our sole discretion, materially change your rights or responsibilities, such as by emailing you or posting a notice on the Services. Changes to these Terms do not create a renewed opportunity to opt out of arbitration (if applicable).

Eligibility and Responsibilities

Age: You must be 18 or older to use the Services. You are responsible for all your activity in connection with the Services. This includes any content you send through the Services and the accuracy of any information you give us so that we can provide the Services to you.

Other Applicable Terms

Our Policies. These policies and terms also form part of the Agreement between us (collectively, “Our Policies”):

  1. Our Privacy Policy, which governs our use of personal information and explains your rights and choices, such as how to unsubscribe if you subscribe to messages from us;
  2. Our Copyright Infringement Policy;
  3. Our Acceptable Use Policy; and
  4. Any other policies or operating rules posted by us on the Services.

We may update any of Our Policies in the same way we update the Terms. Please review them from time to time to ensure that you remain aware of the current versions.

Outside Links, Materials and Terms. The Services may link to, embed, integrate or connect third party services (“Outside Materials”). Outside Materials may be subject to additional legal terms (“Outside Terms”) made available by their third-party provider.

For example, by accessing or downloading the Services from the Apple App Store, you are agreeing to Apple’s Licensed Services End User License Agreement (“Apple Terms”). These Terms govern if there is a conflict with the Apple Terms.

The Agreement does not apply to Outside Materials. We are also not a party to Outside Terms. By using the Services, you acknowledge and agree that we are not responsible for, and disclaim all liability for, the performance and reliability of Outside Materials and any act or omission of any provider of Outside Materials. We do not warrant, endorse or otherwise guarantee the Outside Materials’ integration, interoperation or support with the Services.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, Products (defined below) or services provided on the Services. We may experience delays in updating information on the Services and in our advertising on other websites. The information, Products and services found on the Services may contain errors or inaccuracies or may not be complete or current.

Digital Products

We offer digital products on the Services, including but not limited to premium features or content. The price of these digital products (“Products”) can be found listed on the Services. This price does not include taxes or other fees that you may be charged.

The Services offers these Products through in-app purchases. All in-app purchases are processed by the respective app store (e.g. Apple App Store, Google Play, etc.) from which you originally downloaded the application. Please consult the app store’s terms and conditions for further information.

While we try to maintain accuracy, we are not responsible or liable if any Product description or other information is not accurate, complete, reliable, current, or error-free.

We reserve the right, but are not obligated, to:

  1. reprice or discontinue any Product for any reason at any time
  2. limit the sale or availability of Products in any area or jurisdiction;
  3. refuse or cancel any order for any reason, for example, orders that appear to be fraudulent;

We may exercise these rights on a case-by-case basis. In the event that we refuse or cancel an order, we will email the address provided with the order.

We may offer certain promotional, referral, discount, and coupon codes or similar offers (“Promos”) that may be redeemed for discounts on future Products or other features related to the Services, subject to any additional terms that we establish. You agree that Promos: (i) must be used in a lawful manner; (ii) must be used for the intended audience and purpose; (iii) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (iv) may be disabled or have additional conditions applied to them by us at any time for any reason; (v) may only be used pursuant to the specific terms that we establish; (vi) are not valid for cash or other credits or points; (vii) may expire prior to your use; (vii) are not valid on previous purchases. Promos not valid on certain Products.

The inclusion or offering of any Product or service on the Services does not constitute an endorsement or recommendation of such Product or service by us.

Subscriptions

The Services feature Products or services that are offered via a subscription model (“Subscriptions”). Any Subscriptions require regular payments to receive a Product or service. All in-app purchases are processed by the respective app store from which you originally downloaded the application, which may be facilitated by third party programs (“Payment Processors”). Please consult the app store’s terms and conditions for further information. You agree to promptly update your payment method to allow for timely payment.

OUR SUBSCRIPTIONS ARE CONTINUOUS. WHEN YOU PURCHASE A SUBSCRIPTION ON THE APPLICATION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A RECURRING BASIS FOR PERIODS OF THE SAME DURATION AS YOUR INITIAL SUBSCRIPTION PERIOD UNTIL CANCELED (each, a “Period”) EACH MONTH. WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION BY USING THE PAYMENT METHOD ON FILE UNTIL YOU CANCEL YOUR SUBSCRIPTION. However, we may discontinue your Subscription in the event of a dispute between us.

We reserve the right to change the cost of our Subscriptions and other Products at any time. Any change will become effective only after the expiration of your current Subscription Period and after we provide you with notice of such change no fewer than fifteen (15) days before the end of the then-current Period.

WE DO NOT OFFER THE OPTION TO REVOKE YOUR SUBSCRIPTION SHORTLY AFTER MAKING YOUR PURCHASE.

THERE IS NO MINIMUM PURCHASE REQUIRED TO QUALIFY FOR THE SUBSCRIPTION.

We will suspend or cancel your Subscription if the app store through which you downloaded the application is unable to process payment using your existing payment information.

YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA YOUR ACCOUNT ON THE APPLICATION. PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION UPON CANCELLATION.

THE CANCELLATION OF THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION WILL BECOME EFFECTIVE IMMEDIATELY UPON COMPLETING CANCELATION THROUGH YOUR ACCOUNT.

Free Trials. We may offer you a free trial of certain Subscriptions for a limited period of time. The specific terms of your free trial will be provided at offer registration. At the end of your free trial, the Payment Processors will begin billing your payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges). Please note that you may not receive a notice from us that your free trial is ending or that the paid portion of your Subscription has begun. See Cancelation above for help with canceling a free trial. We reserve the right to modify or terminate the availability of free trials at any time, without notice, in our sole discretion.

Refund Policy

Refund requests for in-app purchases must be submitted directly to the respective app store (e.g. Apple App Store, Google Play, etc.), subject to their refund policies. Please consult the app store’s terms and conditions for further information.

To initiate a refund for in-app purchases made through Apple App Store, please visit https://support.apple.com/en-us/118223, which provides detailed instructions and the necessary steps to submit a refund request. It is important to follow Apple’s guidelines closely to ensure your request is processed efficiently.

NO WARRANTY ON PURCHASES

THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS APPLICATION ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS APPLICATION, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

NO WARRANTY ON SERVICES

THE SERVICES ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THESE SERVICES, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

You use the Services at your own discretion and risk. No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty that is not expressly stated in these Terms. These limitations apply only to the extent they are not prohibited by applicable law. To the extent permissible, any implied warranties that cannot be excluded are limited to ninety (90) days, or such longer period as applicable law requires.

Remedies

You agree that the remedy for breach of these Terms as it relates to your purchase shall be none. You also agree that the remedy for breach of these Terms as it relates to your purchase shall be to pursue dispute resolution as provided in the “Dispute Resolution” Section below. These remedies are intended to be your sole and exclusive remedies for any breach of these Terms as it relates to your purchase and use of the Services.

Accounts

Your use of the Services may require you to provide certain personal information, such as contact and payment information (collectively, “Customer Data”), including to register an account (an “Account”). Customer Data is governed by our Privacy Policy, like all personal information you provide. When you create an account on our Services, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements.

We reserve the right to suspend or terminate your account anytime at our sole discretion. You can terminate your account by contacting us or through your account settings on the Services.

If your access is severed or your account is deleted or terminated by you or us for any reason, these Terms remain enforceable and you will not be entitled to any refund for purchases made. Termination will not limit any of our other rights or remedies at law or in equity. Your information will be maintained and deleted in accordance with our Privacy Policy.

Content

While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“User Content”); and (iii) content that we provide on and through our Services. In these Terms, “content” includes, without limitation, all text, images, video, audio, or other material on the Services, including any dynamically generated output, information on users’ profiles, and in direct messages between users.

Our Copyright Infringement Policy explains how we handle copyright use issues and how to notify us of any copyright disputes. We take copyright infringement seriously, and we terminate the accounts of repeat infringers.

Your Content:

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. When you upload any image or content onto the Services, you agree that such image or content may be viewed by other parties and it is your responsibility to ensure that the image or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or image does not violate any laws, rules or regulations. We reserve the right to remove any content or image at any time at our sole discretion.

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Services:

  • Content that harasses others;
  • Content that is discriminatory or offensive;
  • Swearing, name calling and otherwise abusive content;
  • Pornographic and sexually explicit content;
  • Content displaying, depicting or suggesting violence;
  • Content that exploits or abuses children;
  • Content encouraging or committing illegal acts;
  • Content sharing personal information without consent;
  • Content infringing on someone’s rights, including intellectual property rights;
  • Content advertising products or services without our permission;
  • Content whose purpose is spamming others.

Your Content license to us:

By uploading an image or content onto the Services, you grant Twingle LLC a worldwide, non-exclusive, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, distribute and otherwise make available Your Content. We may use Your Content in whole or in part and in any format or medium for the uses contemplated by these Terms and any other purpose permitted by these Terms, subject only to our Privacy Policy and applicable law. Your Content includes any information you authorize us to access from any third-party sources (if applicable).

User Content:

User Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. You do not have any rights in relation to User Content, and, unless expressly authorized by us, you may only use User Content to the extent that your use is consistent with these Terms, including our Acceptable Use Policy. You may not copy the User Content or use User Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse User Content.

Our Content:

Unless specified otherwise, the Services and all content and other materials on the Services including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Our Content”) are the property of Twingle LLC, subject to copyright, trademark and other intellectual property rights and registrations held by Twingle LLC or third parties in the United States and/or other countries.

You may use the Services and Our Content solely for personal and non-commercial purposes. All rights not specifically granted in the license set forth above shall be reserved and remain always with Twingle LLC. You acquire no rights or licenses in or to the Services or Our Content other than the limited right to utilize them in accordance with these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants you, or any third party, any right, title, or interest in or to Our Content, the Services or other intellectual property provided in connection with these Terms, whether by implication, waiver, estoppel, or otherwise.

Prohibited Uses

You agree that you will use the Services in accordance with these Terms, our Acceptable Use Policy, and all applicable laws, rules, and regulations at all times. You further agree not to undertake any of the prohibited activities as stated in our Acceptable Use Policy.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL TWINGLE LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS APPLICATION OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS APPLICATION, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS APPLICATION; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS APPLICATION, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF TWINGLE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, DESPITE THE LIMITATION ABOVE, TWINGLE LLC IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF TWINGLE LLC WILL IN NO EVENT EXCEED THE GREATER OF (i) THE FEES YOU PAID TO TWINGLE LLC IN CONNECTION WITH THE APPLICATION IN THE THREE-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM AND (2) $100. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES.

THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

For clarity, this means we will not be liable for: unauthorized access to or loss of Customer Data, Your Content or any other data, loss of information, the cost of procuring alternative goods or services, internet failures, or our failure to provide technical or other support services. These limits apply to all claims, obligations and liabilities relating to these Terms, even if we, our affiliates, licensors or suppliers are aware of the possibility that you may incur these damages, and even if these limited remedies fail of their essential purpose.

Indemnification

To the fullest extent allowed by applicable law, you agree to indemnify and hold harmless Twingle LLC, its affiliates, officers, agents, employees, and partners from and against any and all third-party claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or relating to (i) your use of the Services (including any actions taken using your access to the Services) or (ii) your violation of these Terms or of law.

In the event of such a claim, suit, or action, we will notify you using the contact information we have for your Account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations under these Terms). This obligation will survive any suspension, termination or cessation of your use of the Services.

Dispute Resolution

In the event of a dispute, you and Twingle LLC agree to try to resolve it informally first. If we can’t resolve it in 60 days, we agree to arbitrate the claim, instead of going to court. You may opt-out of arbitration within 30 days of agreeing to these Terms, as described below.

You agree to resolve disputes with Twingle LLC through binding arbitration, except as described in this Section (“Arbitration Clause”). The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action. If you create an Account, you may opt-out of arbitration under Section (k).

  1. Covered Disputes. You and Twingle LLC agree that any dispute or claim between you and Twingle LLC arising out of or relating to these Terms or the Services (each, a “Dispute”) will be resolved by binding arbitration, rather than in court. A Dispute includes any claim or dispute relating to the Services, access and use of the Services, your Account, or any aspects of your relationship or transactions with Twingle LLC. A Dispute also includes any claims or disputes that arose from or involve facts that occurred before the effectiveness of these Terms and claims that may arise after its termination. For clarity, nothing in this Arbitration Clause prevents either party from settling any Dispute(s) on a class-wide, batch-wide or other multiparty basis.
  2. Exceptions to Arbitration. This Arbitration Clause does not require arbitration of the following types of claims brought by either you or Twingle LLC:
    1. small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and
    2. claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights and patents.
  3. Informal Dispute Resolution First. Like you, we want to resolve Disputes without resorting to arbitration. If you have a Dispute with us, before initiating arbitration, you agree to send an individualized request (“Pre-Arbitration Demand”) to dispute@twingle.me so that we can work together to resolve the Dispute. This Section (c) is a condition precedent to commencing arbitration. The arbitrator will dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.
    1. A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all.
    2. The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature.
    3. Likewise, if Twingle LLC has a Dispute with you, Twingle LLC will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your Account.
    4. If the Dispute is not resolved within sixty (60) calendar days of when either you or Twingle LLC submitted a Pre-Arbitration Demand, an arbitration can be brought.
    5. This Section (c) does not apply to claims brought under the exception to arbitration in Section (b).
  4. Arbitration Procedure. If, after completing the informal process in Section (c), either you or Twingle LLC wishes to initiate arbitration, the initiating party must serve the other party with a demand for arbitration. Any demand for arbitration by you will be sent to the Twingle LLC address in Section (c). Twingle LLC will send any arbitration demand to the email address associated with your Account or to your counsel, if any. You and Twingle LLC agree that the Federal Arbitration Act (“FAA”) governs this Arbitration Clause. If the FAA cannot apply, then the state laws governing arbitration procedures where you reside apply.
    1. The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its operative Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms. This Arbitration Clause will govern to the extent it conflicts with the arbitration provider’s rules.
    2. If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator will be appointed to resolve that dispute.
    3. Arbitration hearings will take place through videoconferencing, unless you and Twingle LLC agree upon another location in writing. A single arbitrator will be appointed.
    4. The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction over the dispute. An arbitration award will have no preclusive effect in another arbitration or court proceeding involving Twingle LLC and a different individual. The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, including whether this Arbitration Clause is applicable, unconscionable, or enforceable, as well as any defenses to arbitration. However, a court has exclusive authority to rule on the Class Action Waiver in Section (f), including any claim that the section is unenforceable, illegal, void or voidable, or that it has been breached.
    5. If a request to proceed in small claims court (see Section (c)(i)), is made after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration will be administratively closed. Any controversy over the small claims court’s jurisdiction will be determined by the small claims court.
  5. Jury Trial Waiver. You and Twingle LLC agree to waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Twingle LLC are instead electing that all Disputes will be resolved by arbitration under this Arbitration Clause, except as specified in Section (b) above. Court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.
  6. Class Action Waiver. You and Twingle LLC agree that, except as specified in Section (g) below, each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis.
    1. The parties agree to waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis.
    2. Subject to this Arbitration Clause, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief to the party’s individual claim.
    3. Notwithstanding anything to the contrary in this Arbitration Clause, if a court decides, in a final non-appealable decision, that the limitations of this Section (f) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Twingle LLC agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and will be pursued in the courts specified in Section 11(b).
  7. Batch Proceedings. To increase the efficiency of administration and resolution of arbitrations, you and Twingle LLC agree that if 25 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief), presented by or with the assistance or coordination of the same law firm(s) or organization(s), are filed within a one hundred and eighty (180) day period (“Mass Filing”), the parties agree:
    1. to administer the Mass Filing in batches of 25 demands per batch (or less, if fewer than 25 remain) (“Batch Proceedings”) with only one batch filed, processed, and adjudicated at a time;
    2. to designate one arbitrator for each batch;
    3. to accept applicable fees, including any related fee reduction determined by NAM in its discretion;
    4. that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 25 is filed, processed, and adjudicated;
    5. that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Twingle LLC and the claimants, will only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and
    6. that the staged process of batched proceedings, with each set including 25 demands, will continue until each demand (including your demand) is adjudicated or otherwise resolved.
    7. Any statutes of limitation, including the requirement to file within one (1) year in Section (j) below, will remain tolled while any arbitration demands are held in abeyance. While the Batch Proceedings are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider.
      1. If, contrary to this provision, a party prematurely files an arbitration demand, the parties agree that the arbitration provider must hold those demands in abeyance.
    8. All parties agree that arbitration demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues and seek the same or similar relief. Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (1) whether the Batch Proceeding process is applicable or enforceable, (2) whether particular demand(s) are part of a Mass Filing, and (3) whether demands within a Mass Filing were filed in accordance with this Arbitration Clause, including Section (c).
      1. To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may provide and use any procedures necessary to resolve the dispute promptly. Twingle LLC will pay the Administrative Arbitrator’s costs.
    9. The parties will work in good faith with the arbitrator to complete each Batch Proceeding within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Batch Proceeding process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings.
    10. This Batch Proceedings provision will in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, or authorizing class arbitration of any kind. Unless Twingle LLC otherwise consents in writing, Twingle LLC does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section (g).
  8. Settlement. At least ten (10) calendar days before the date set for the arbitration hearing, you or Twingle LLC may serve a written offer of judgment upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance will be submitted to the arbitration provider, who will enter judgment accordingly. If the offer is not accepted before the earlier of the arbitration hearing or thirty (30) calendar days after it is made, it will be deemed withdrawn, and cannot serve as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover their post-offer costs and will pay the offering party’s costs from the time of the offer. The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.
  9. Arbitration Costs. Except as provided for in a Mass Filing under Section (g), your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules.
  10. 18-Month Filing Deadline. To the extent permitted by applicable Law, and notwithstanding any other statute of limitations, any claim or cause of action under this Arbitration Clause (with the exception of disputes under Section (b)(ii)) must be filed within eighteen (18) months after such claim or cause of action arose. Otherwise, that claim or cause of action will be permanently barred. The statute of limitations and any arbitration cost deadlines remain tolled during the required informal process under Section (c) above.
  11. Opt-Out. You may reject this Arbitration Clause and opt out of arbitration by sending an email to opt-out@twingle.me within 30 calendar days of first accepting these Terms. If you have an Account, your opt-out notice must be sent from the email address associated with your Account. No one may opt-out another person. Your notice to opt-out must include your first and last name, address, the email address associated with your Account (if you have an Account), and a clear statement that you decline this Arbitration Clause.
  12. Severability. Except as provided in Section (f) above, if any provision of this Arbitration Clause is found to be illegal or unenforceable, then that provision will be severed. The remaining provisions will still apply and will be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.

Additional Provisions

These Terms shall be governed and construed in accordance with the laws of the state of South Carolina, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Services, and supersede and replace any prior agreements we might have had with you regarding the Services.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Charleston County, South Carolina.

You and Twingle LLC agree there are no third-party beneficiaries intended under these Terms. You acknowledge and agree that you are not an employee, agent, partner, or joint venturer of Twingle LLC.

Any words following the terms “including,” “include,” “in particular,” “for example”, “such as” or any similar expression are illustrative, non-exhaustive and do not limit the sense of the words, phrase or description preceding those terms. The word “or” as used in these Terms is not exclusive.

These Terms are the complete and exclusive statement of the mutual understanding between the parties as to its subject matter, and it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to it.

In no event will we be liable to you, or be deemed to have breached these Terms, for any failure or delay in performing our obligations under these Terms, to the extent such failure or delay is caused by any circumstances beyond our reasonable control.

Questions

If you have any questions about our Terms of Service, please contact us at hello@twingle.me.

© Twingle LLC 2024Privacy PolicyTerms of Service