Terms of Service

1. Acceptance of Terms

By accessing or using the Site or Services, you agree to:

• Be bound by these Terms and our Privacy Policy
• Comply with all applicable laws and regulations
• Represent that you have the authority to enter into these Terms on behalf of yourself or your organization
• Accept any modifications to these Terms as described in Section 14

If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

TwinTix provides software development, cloud architecture, AI/ML development, and technical consulting services. Our Services may include but are not limited to:

• Custom software development
• AWS cloud architecture and deployment
• AI/ML product development
• Full-stack web application development
• DevOps and infrastructure services
• Technical consulting and advisory
• Code review and optimization
• Project rescue and modernization

The specific scope, deliverables, timeline, and pricing for Services are defined in individual project agreements, statements of work (SOW), or proposals executed between TwinTix and the client.

3. Use of Website

Permitted Use

You may use the Site for learning about our Services, contacting us for inquiries or consultations, reading public content, and accessing resources we make publicly available.

Prohibited Use

You agree not to:

• Use the Site for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Site or our systems
• Interfere with or disrupt the Site or servers
• Use automated tools to scrape, harvest, or collect data from the Site
• Transmit viruses, malware, or other harmful code
• Impersonate any person or entity
• Violate any applicable laws or regulations
• Reverse engineer any part of the Site or Services
• Remove or modify any copyright, trademark, or proprietary notices

4. Intellectual Property Rights

Our Content

All content on the Site, including text, graphics, logos, images, code, software, and design, is the property of TwinTix or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, modify, or create derivative works from our content without our prior written permission, except as allowed under fair use or for personal, non-commercial use.

Client Projects

• Work Product: unless otherwise specified in a SOW or project agreement, all work product, code, designs, and deliverables created by TwinTix become the property of the client upon full payment, subject to pre-existing intellectual property or third-party components.
• Pre-Existing IP: TwinTix retains ownership of all pre-existing intellectual property, tools, frameworks, and methodologies used in providing Services.
• Open Source: any open-source software incorporated into deliverables remains subject to its original license terms.

Specific intellectual property terms will be detailed in individual project agreements.

5. Service Agreements and Proposals

When you engage TwinTix for Services, the terms of engagement will be governed by these Terms, the applicable project agreement or SOW, and our Privacy Policy. In case of conflict between these Terms and a specific project agreement, the project agreement will take precedence for that engagement.

Proposals provided by TwinTix are valid for 30 days unless otherwise stated. We reserve the right to modify or withdraw proposals before acceptance. Any changes to agreed scope must be documented in writing and may result in adjustments to timeline and pricing.

6. Payment Terms

• Fees: fees for Services are specified in the applicable project agreement or proposal.
• Payment Schedule: payment terms may include an upfront deposit, milestone payments, and final payment upon completion.
• Payment Methods: we accept bank transfer, credit card, or other methods agreed upon.
• Late Payments: late payments may incur interest charges and may result in suspension of Services until payment is received.
• Expenses: unless otherwise agreed, the client is responsible for reimbursing reasonable expenses such as third-party services or travel if required.
• Refunds: refund policies, if any, will be specified in individual project agreements. Work already performed is generally non-refundable.

7. Project Timelines and Deliverables

Project timelines are estimates based on the information available at the time of agreement. Actual timelines may vary based on project complexity and client responsiveness.

Timelines assume timely client feedback, provision of required information, and availability of client resources. TwinTix is not liable for delays caused by client-side delays, third-party service providers, force majeure events, or changes in project scope. We will make reasonable efforts to meet agreed timelines and communicate proactively about potential delays.

8. Warranties and Disclaimers

Limited Warranty

TwinTix warrants that Services will be performed with reasonable skill and care, using industry-standard practices, and that deliverables will substantially conform to specifications in the SOW.

Unless otherwise specified, we provide a 30-day warranty on deliverables for defects in workmanship. This does not cover issues caused by client modifications or third-party changes.

Disclaimer

Except as expressly provided above, Services and Site are provided "as is" without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that Services will be uninterrupted or error-free, defects will be corrected in any specific timeframe, the Site or Services will meet your specific requirements, or results will meet your business objectives.

9. Limitation of Liability

To the maximum extent permitted by law, TwinTix will not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption arising out of or related to these Terms or Services.

TwinTix's total aggregate liability arising out of or related to these Terms or Services will not exceed the amount paid by you to TwinTix in the twelve months preceding the event giving rise to liability, or $5,000 USD, whichever is greater.

These limitations do not apply to intentional misconduct, gross negligence, death or personal injury caused by our negligence, or liability that cannot be limited under applicable law. Client is responsible for business decisions made based on Services provided and for testing and validating deliverables before production use.

10. Confidentiality

Each party may have access to confidential information of the other party during an engagement. Both parties agree to maintain confidentiality, use confidential information only for engagement purposes, not disclose it to third parties without consent, and implement reasonable security measures.

Confidential Information does not include information that is publicly available through no breach, was lawfully known prior to disclosure, is independently developed without use of confidential information, or is required to be disclosed by law with notice to the disclosing party. Confidentiality obligations survive termination for three years or as specified in a separate NDA.

11. Indemnification

You agree to indemnify, defend, and hold harmless TwinTix from claims, liabilities, damages, and expenses arising from your use of the Site or Services in violation of these Terms, your violation of law, your violation of third-party rights, or content and information you provide to us.

TwinTix will indemnify you from claims that deliverables created solely by TwinTix infringe third-party intellectual property rights, provided you promptly notify us, give us control of defense and settlement, and reasonably cooperate. This does not apply if infringement arises from client modifications, use outside the agreement scope, or combination with non-TwinTix materials.

12. Term and Termination

These Terms remain in effect while you use the Site or Services. We may suspend or terminate your access to the Site at any time for violation of these Terms.

Service agreements may be terminated as specified in individual project agreements. Generally, either party may terminate with written notice for material breach if not cured within 15 days, client may terminate for convenience with 30 days written notice subject to payment for work performed, and TwinTix may terminate if client fails to pay or materially breaches.

Upon termination, client must pay for all work performed up to the termination date, each party must return or destroy the other party's confidential information, and provisions that by nature should survive will survive termination.

13. Force Majeure

Neither party will be liable for failure to perform obligations due to events beyond its reasonable control, including natural disasters, pandemics, acts of God, war, terrorism, civil unrest, government actions, Internet or telecommunications failures, or third-party service provider outages. The affected party must promptly notify the other party and make reasonable efforts to resume performance.

14. Changes to These Terms

We may modify these Terms at any time by posting the updated Terms on this page with a new "Last Updated" date. For material changes, we may provide additional notice via email or prominent Site notice. Your continued use of the Site or Services after changes constitutes acceptance of the modified Terms.

Changes to Terms will not materially affect ongoing service engagements governed by executed agreements.

15. General Provisions

Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with applicable international commercial law, without regard to conflict of law principles.

Disputes will be resolved first through good faith negotiation, then non-binding mediation if negotiation fails, and finally arbitration or litigation in a mutually agreed jurisdiction. Project-specific dispute terms may take precedence.

Other General Terms

These Terms, together with our Privacy Policy and applicable project agreements, constitute the entire agreement between you and TwinTix regarding the Site and Services. If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision does not constitute a waiver.

You may not assign these Terms without our prior written consent. TwinTix may assign these Terms to any affiliate or successor entity. The relationship between TwinTix and clients is that of independent contractors.

16. Contact Information

If you have questions about these Terms or need to provide legal notices, contact us:

• TwinTix
• Email: support@twintix.com
• General: hello@twintix.com
• Website: https://www.twintix.com
• Contact Form: https://www.twintix.com/contact

Legal notices must be sent to the email address above and will be effective upon our receipt and acknowledgment.