Welcome to Twisty! These Terms of Service (“Terms”) govern your use of our website, software, and services (collectively, “Services”) provided by Bright Live Inc. (dba Twisty (“Twisty”, “we”, “us”, or “our”). By using our Services, you agree to these Terms.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND TWISTY’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY TWISTY AND BY YOU TO BE BOUND BY THESE TERMS.

You must be at least 18 years old or have the consent of your parent or guardian to use our Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

To access and use the Platform, Customer shall be required to register for an account. When Customer creates an account, Customer confirms that he is 18 years or older, and that the information Customer provides is accurate, complete, and current at all times. Inaccurate or incomplete information may result in the immediate   termination   of   Customer’s   account   on   the   Platform.   Customer   is responsible for maintaining the confidentiality of its account and password. Customer agrees to accept responsibility for any and all activities or actions that occur under its account. Customer shall notify us immediately upon becoming aware of any breach of security or unauthorized use of Customer’s account. Customer may not use as a username the name of another person or entity or that is not lawfully available for use without appropriate authorization. Customer may not use as a username any name that is offensive, vulgar or obscene. Customer is responsible for the activities of all users who access or use the Platform through its account and Customer shall ensure that any such user will comply with the terms of this Agreement and any of our policies.

All intellectual property rights in the Platform and any part thereof and any and all derivatives, modifications, enhancements, changes and improvements thereof (the "Twisty Technology") lie exclusively with us. No title to or ownership of any proprietary rights related to the Twisty Technology is transferred to Customer. All rights not explicitly granted to Customer are reserved by us.

All trademarks and all other marks, trade names, service marks, illustrations, images, or logos appearing in connection with the Platform are and shall remain, the exclusive property of us and are subject to the protection granted by applicable laws.

Your access and use of the Platform may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, cloud service failure, periodic updating, maintenance or repair of the Platform or other actions that Twisty, in its sole discretion, may elect to take.

The Platform may contain services, features and functionalities linking you to, or providing you with, certain functionality and access to third party services and content (including without limitation, YouTube, Instagram, TikTok), including using service providers for cloud infrastructure and hosting services. You acknowledge that we are not responsible for such third party services and that each respective third party service shall be governed by its applicable terms and conditions, including the YouTube Terms of Services available at https://www.youtube.com/t/terms. If you have any problems resulting from use of any third party services, or if you suffer data loss or other losses as a result of problems with any other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our actions.

Our Services allow you to create, upload, store, and share videos and other content. You retain ownership of any intellectual property rights that you hold in that content. When you create, upload or share content, you give Twisty a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content.

Once your Artwork has been created and delivered to you, all Intellectual Property Rights subsisting in that specific Artwork is transferred to you and you may use your Artwork for personal or commercial purposes. However, we provide no warranties that you will be able to trade mark or claim copyright ownership of our Artwork or that any trade mark application or copyright claim will not infringe on any third party Intellectual Property Rights.

You are responsible for your use of our Services and for any content you provide. You agree not to:

You will not attempt to infiltrate, hack, reverse engineer, decompile, or disassemble the Twisty Technology, or derive or attempt to create or derive, by reverse engineering or otherwise, the source code from any object code supplied hereunder, nor shall it permit any third party to do so; (ii) resell, lease, sublicense or distribute the Twisty Technology to any person; (iii) represent that it possess any proprietary interest in the Twisty Technology;(iv) use the name, trademarks, trade-names, and logos of Twisty; (v) sub-license its right to access and use the Platform or otherwise provide remote access to the Platform to any third party; and (vi) permit any unauthorized person to access or use the Platform. Furthermore, you shall not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Platform or any portion thereof.

If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by us with the User alleged to have infringed a right you own or control, and you hereby consent to us making such disclosure. Your communication must include substantially the following:

You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

Our designated agent for receipt of Notifications of Claimed Infringement (“Designated Agent”) can be contacted at:

Via Email: copyright@twisty.ai

Bright Live Inc. (dba Twisty)

Attn: Copyright Manager (Copyright Notification)

1223 Wilshire Blvd #30

Santa Monica, CA 90403

If you receive a notification from us that material you Posted on the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide us with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to our Designated Agent through one of the methods identified in Section 12.4 above and include substantially the following information:

You should consult a lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid Counter Notification under the Copyright Act. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to us in response to a Notification of Claimed Infringement, then we will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that we will replace the removed User Content or cease disabling access to it in 10 business days, and we will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless our Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on our system or network.

The Copyright Act provides that:

We reserve the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

For clarity, and notwithstanding anything in this Section 12 to the contrary, we in our sole discretion may (but have no obligation to) disclose publicly any and all Notices of Claimed Infringement and Counter Notifications.

We take your privacy seriously. We collect, process, and store your personal data in accordance with our Privacy Policy, which forms part of these Terms.

We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our Services will immediately cease.

We may modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of our Services after such modifications constitutes your acceptance of the new Terms.

Our Services are provided “as is.” We do not warrant that our Services will be uninterrupted, error-free, or free from harmful components. We disclaim all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Customer hereby warrants, represents and covenants that: (i) the copying, uploading and use of any Content uploaded to the service does not infringe upon any third party's rights, including intellectual property rights, publicity rights and privacy rights; (ii) it has fully complied with any third-party licenses, permits and authorizations required in connection with the Content; (iii) the Content does not contain any viruses, worms, Trojan horses or other harmful or destructive code or content; (iv) the Content is not obscene, libelous, offensive, vulgar, pornographic, profane, or otherwise inappropriate as determined by us at its sole discretion; and (v) the Content is not illegal or encourage illegal activity. We may review and delete or prevent the delivery of any Content that, in its sole judgment, violates this Agreement or any applicable law or regulation, or is otherwise objectionable.

In consideration for the Platform, Customer may pay us a subscription fee according to our then current price list published on its website (the "Fees")and Customer authorizes us to charge Customer using the selected payment method. All payments shall be due and payable in advance. Customer's subscription will automatically renew for the same subscription period at the end of the then current subscription period. To cancel such automatic renewal Customer must unsubscribe at least 30 days prior to the end of the applicable subscription period, or as otherwise stated in the online description of the Platform. We may suspend or discontinue Customer's access to the Platform in case of Customer's failure to pay the Fees on the date due. All payments under this Agreement are non-refundable.

All amounts payable to us are exclusive of all taxes, levies or similar governmental charges, however designated, except for taxes based on the net income of the Company. If under applicable law taxes are required to be withheld, Customer shall pay us an amount such that the net amount after withholding of taxes shall equal the amount that would have been otherwise payable under this Agreement.

Each party represents and warrants that (i) this Agreement constitutes a legal, valid and binding obligation of it, enforceable against it in accordance with the terms of this Agreement, and (ii) its execution and delivery of this Agreement and its performance hereunder will not violate any applicable law, rule or regulation.

WE PROVIDE THE USAGE OF THE SERVICE TO CUSTOMER ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE OR ACCURACY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, WE DO NOT WARRANT THAT THE SERVICE OR ANY SERVICES RELATED THERETO WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION.

We are not responsible for performance issues caused by low-performance of Customers ’computers, microphones or cameras and low-bandwidth Internet connections. If we identify slow performance due to our system, we shall use commercially reasonable efforts to restore the Platform to acceptable performance levels. Customer’s sole remedy for any disruption or failure to provide support shall be termination of this Agreement.

Customer shall defend, indemnify and hold harmless us and our officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with (i) Customer’s violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (ii) Customer’s violation of any third party right, including without limitation any intellectual property right, publicity rights, confidentiality, or privacy rights; or (iii) any claim asserted against us in connection with the Content displayed by Customer through the Platform.

OUR MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE FEES PAID BY CUSTOMER FOR SUCH SERVICE during the 12 months preceding the event giving rise to the claim. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF CONTENT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This Agreement will remain in effect until Customer's subscription to the Platform expires or terminates, or until this Agreement is terminated. Customer may stop using the Platform at anytime and delete its account. We may suspend or terminate Customer's access to the Platform immediately if Customer does not comply with the terms of this Agreement. Upon termination of the Agreement, the Customer's account will be terminated, and from the date of termination Customer will no longer be able to access its account. Sections 3, 17, 18, 19, 21 and 22 shall survive any expiration or termination of this Agreement.

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and us regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and we submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

Thank you for using Twisty! If you have any questions about these Terms, please contact us at support@twisty.ai.