Terms of Service

Last Updated: October 25, 2024

1. Acceptance of Terms

Welcome to Twist Software Technologies ("Twist," "we," "our," or "us"). By accessing or using our waste management software platform and services (the "Service"), you agree to be bound by these Terms of Service ("Terms").

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

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

2. Beta Program

Twist is currently in beta testing. By participating in the beta program, you acknowledge and agree that:

  • The Service may contain bugs, errors, or incomplete features
  • Features and functionality may change without notice
  • Service availability and performance are not guaranteed
  • Data loss may occur (though we take precautions to prevent it)
  • Your feedback and usage data help improve the platform
  • Beta pricing and terms may differ from general availability pricing

We appreciate your participation and feedback during this beta period.

3. Description of Service

Twist provides cloud-based waste management software including:

  • Route planning and optimization
  • Work order and service management
  • Customer and container tracking
  • Mobile applications for drivers and field personnel
  • Billing and payment processing
  • Reporting and analytics
  • Safety and compliance tools

4. User Accounts

4.1 Account Registration

To use the Service, you must create an account with accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.

4.2 Account Security

You are responsible for all activities under your account. Notify us immediately of any unauthorized access or security breach.

4.3 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

5. Acceptable Use

You agree NOT to:

  • Violate any laws or regulations
  • Infringe on intellectual property rights
  • Upload malicious code, viruses, or harmful content
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service
  • Use the Service for any illegal or unauthorized purpose
  • Reverse engineer, decompile, or disassemble the software
  • Resell or redistribute the Service without permission
  • Use automated systems to access the Service excessively

6. Subscription and Payment

6.1 Pricing

Service fees are based on your selected subscription plan. Beta pricing may differ from future general availability pricing. We reserve the right to change pricing with 30 days' notice.

6.2 Billing

Subscriptions are billed in advance on a monthly or annual basis. Payments are processed securely through Stripe. You authorize us to charge your payment method for all fees.

6.3 Refunds

Subscription fees are non-refundable except as required by law or at our sole discretion.

6.4 Late Payment

Failure to pay may result in service suspension or termination. We may charge interest on overdue amounts at the rate of 1.5% per month or the maximum allowed by law.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. Key points include:

  • You retain ownership of your data
  • We use your data only to provide and improve the Service
  • We implement industry-standard security measures
  • You are responsible for backing up critical data
  • We are not liable for data loss due to your actions

8. Intellectual Property

8.1 Our Rights

The Service, including all software, designs, text, graphics, and other content, is owned by Twist and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service.

8.2 Your Rights

You retain all rights to your data and content. By using the Service, you grant us a license to use your data solely to provide and improve the Service.

8.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without compensation or attribution.

9. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Service will be uninterrupted, secure, or error-free. During the beta period, you acknowledge additional risks as outlined in Section 2.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TWIST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

Our total liability for any claims arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold Twist harmless from any claims, damages, or expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Service Modifications and Termination

12.1 Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. During beta, changes may occur frequently.

12.2 Your Termination Rights

You may terminate your account at any time through the platform or by contacting support.

12.3 Our Termination Rights

We may suspend or terminate your access immediately for violations of these Terms or if required by law.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the United States and the state where Twist is incorporated, without regard to conflict of law principles.

13.2 Arbitration

Any disputes shall be resolved through binding arbitration rather than in court, except for claims that may be brought in small claims court.

13.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or representative proceedings.

14. Changes to Terms

We may update these Terms periodically. Significant changes will be communicated via email or platform notification. Continued use after changes constitutes acceptance of updated Terms.

15. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and Twist
  • Severability: If any provision is unenforceable, the remaining provisions remain in effect
  • Waiver: Failure to enforce any provision does not waive our right to do so later
  • Assignment: You may not assign these Terms; we may assign them without restriction
  • Force Majeure: We are not liable for delays due to circumstances beyond our control

16. Contact Information

For questions about these Terms, contact us:

Twist Software Technologies

Email: legal@twisoftwaretech.com

Support: support@twisoftwaretech.com

Website: twisoftwaretech.com