Twelv App Terms of Use
These Terms of Use (the “Terms”) apply to our websites, mobile sites, applications, tools, products made available for purchase on the Twelv App platform (the “Twelv App Platform”), the Twelv App Platform, and other content and services that are linked to these Terms (collectively, the “Services”). The Services are owned and operated by Twelv App Inc. (“Twelv App”). The terms “we”, “us”, and “our” refer to Twelv App. Twelv App offers the Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
By accessing the Services, you agree to be bound by the following terms and conditions, including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Services, including, without limitation, users who are browsers, vendors, customers, merchants, charities, non-profit organizations, and/or contributors of content. For greater clarity, the terms “user” and “you” and “your” refers to the users of the Twelv App Platform. If you do not agree to these Terms or are not authorized to agree, then you may not access the Services and must exit immediately.
We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our sites or communicated directly to you. It is your responsibility to check this page periodically for changes. You can review the most current version of the Terms at any time on this page. Your continued use of or access to the Services following the posting of any changes constitutes your acceptance of those changes.
• GENERAL CONDITIONS
• You must be at least 13 years old or the minimum legal age in your country of residence to use the Services. Any access to, or use of, the Services by anyone under 13 years of age or the minimum legal age in your country of residence is expressly prohibited unless the account is managed by an Authorized Representative. By accessing or using the Services, you represent and warrant that you are 13 years of age or older. If an account is managed by an Authorized Representative, this information should be clearly displayed within the user profile. If you are aware of an account that has been registered by an individual under the age of 13 that is not managed by an Authorized Representative, please inform us at [NTD: email address or form].
• If you are accepting these Terms as Authorized Representative on behalf of another individual, you represent and warrant that you have the authority to bind such individual to these Terms and by accepting these Terms, you are doing so on behalf of such individual (in which case the terms “user”, “you” and “your” refer to such individual and to the Authorized Representative in his or her capacity as authorized Representative). An Authorized Representative may be a parent, guardian or another person with the required authority. We reserve the right to request proof from such Authorized Representative that her or she has the authority to bind another individual to these Terms.
• You may not impersonate another person within this App and you may not create or manage an account for another person unless you are an authorized Representative.
• Only natural persons can register, manager or use an account. You agree not to register, manage or allow any artificial intelligence, bot or other machine to use, manage or operate your account.
• You agree not to reproduce, duplicate, copy, sell, resell, or exploit the Services, or any portion of the Services, without express written permission by us.
• You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction including but not limited to copyright laws.
• You must not transmit any worms or viruses or any code of a destructive nature on or through the Services.
• You agree not to post, share or otherwise disseminate any unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable content; content that violates any third-party’s intellectual property; or content that violates these Terms.
• The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
• TWELV APP PLATFORM
• Twelv App, through the Twelv App Platform, offers registered users a healthier social experience.
• To access the Services, users must subscribe and create an account on the Twelv App Platform or sign in through third-party platforms. You may subscribe to the Twelv App Platform using the Apple ID subscriber information as outlined in Section 3 of these Terms.
• By creating an account on the Twelv App Platform, you represent and warrant that the information you provide to Twelv App is true, accurate, complete, and current (including registration information). You agree to promptly update such information should it change. During registration, the user must enter a username and password to access the account.
• Users may only have one registered account on the Twelv App Platform. It is your responsibility to keep your username and password confidential.
• You are responsible and may be held liable for: (i) any breach of your representations or obligations under these Terms and for the consequences of such breach, including any resulting loss or damage incurred by Twelv App or any other party; (ii) any losses incurred by Twelv App or any other party due to your access to or use of the Services; (iii) any and all activities, without limitation, which occur under your subscription to the Twelv App Platform (including activities by another party using your subscription); (iv) any and all your actions and omissions.
• You agree to immediately notify us of any unauthorized use of your account, or any other breach of security known to you or that becomes known to you. If you believe someone has accessed your account without your authorization, it is your responsibility to inform us and set up a new password. You may be held liable for losses incurred by Twelv App or other parties arising from your misuse of your account and for any unauthorized use or misuse of your account by someone other than you.
• You agree that Twelv App may investigate any alleged or potential violations of law or these Terms and in doing so, may co-operate with law enforcement authorities. Twelv App reserves the right to terminate or suspend your account where we believe that a breach or violation of these Terms has occurred.
• SUBSCRIPTION & PRICING
• User is required to subscribe to the Services using an Apple ID subscription upon registration. All terms and conditions relating to subscription payments for the Services are subject to Apple Inc.’s https://www.apple.com/legal/internet-services/itunes/us/terms.html
• Twelv App reserves the right to modify subscription pricing. Twelv App will notify all users if the subscription pricing are modified.
• Any payments made through the Twelv App Platform are processed through third-party payment gateway providers. You may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third-party payment provider.
• PROPRIETARY RIGHTS
• You are solely responsible for any content that you post using our Services, including photos, videos, comments, and usernames (“User Content”), and the compliance of such User Content with applicable laws. You represent that you have all necessary rights to your User Content and that you are not infringing or violating any third-party’s rights by posting it. You understand that User Content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
• All User Content that you post on or through the Services remains your exclusive property. We do not claim ownership of User Content, but when you provide User Content by posting it on or through the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right to exercise any and all intellectual property rights you have in that content in connection with the provision, expansion, and promotion of our Services, in any media known now or developed in the future. For clarity, we may use, reproduce, archive, transmit, create derivative works, cache, and otherwise use the User Content for the purpose of providing the Services as specified under these Terms. You may terminate our right to use your User Content anytime by deleting such content or your account. However, content may continue to be available through the Services if you shared it with others and they have not deleted it. You also grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable license to use aggregated and anonymized User Content for research, marketing and analytics purposes. You acknowledge and agree that aggregated and anonymized User Content may not be deleted from our systems until it has served the purpose for which it was collected. To the fullest extent permitted under applicable law, you waive your right to enforce your intellectual property rights in such User Content against Twelv App, our assignees, our sub-licensees, and their assignees in connection with our, those assignees', and those sub-licensees' use of such content with respect to the provision, expansion, and promotion of our Services.
• Twelv App will not use User Content for any purpose other than as specified in these Terms or in accordance with our Privacy Policy referenced in Section 8 of these Terms.
• We may, but have no obligation to, monitor, edit, or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any third-party’s intellectual property or these Terms.
• Twelv App grants you a limited a limited, personal, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the Twelv App Platform solely for personal and noncommercial purposes according to these Terms. You may also access or download messages, data, information or other materials from the Twelv App Platform or that is otherwise provided by Twelv App, provided that such materials are not modified and you retain all copyright and other proprietary notices contained in such materials, and you agree to be fully responsible for any consequences resulting from such use. You may not use or allow others to use the Twelv App Platform in any manner or for any other purpose other than the purposes permitted in these Terms.
• All Twelv App Intellectual Property is protected pursuant to copyright, trademark, patent, and other applicable laws. “Twelv App Intellectual Property” means all Twelv App websites, mobile sites, applications, tools, domain names, trademarks, trade names, the Twelv App Platform and all data, content, graphics, forms, artwork, images, photographs, functional components, any software and documentation, and other material on, in, or made available through the Twelv App Platform, excluding all User Content.
• Under no circumstances will you have any rights of any kind in or to the Twelv App Intellectual Property, other than the right to use the Twelv App Intellectual Property in accordance with these Terms. You may not (i) reproduce, modify, copy, use, distribute, market, download, or otherwise exploit Twelv App Intellectual Property, or any portion thereof, without express written permission by us; or (ii) remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
• ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
• We are not responsible if information made available on the Twelv App website (the “website”) is not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
• This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
• OPTIONAL TOOLS
• We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
• You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
• Any use by you of optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
• We may also, in the future, offer new features through the Services (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms.
• THIRD-PARTY LINKS OR CONTENT
• Certain site content, products, and Services may include materials from third-parties.
• Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
• We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We encourage that you review carefully the third-party's policies and practices and make sure you understand them before you access third-party content or engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
• PERSONAL INFORMATION
• You acknowledge and agree that by providing Twelv App with your personal information through our Services, you consent to the collection, use, and disclosure of such information in accordance with our Privacy Policy, or for the purposes identified to you at the time you provided the personal information. To view our Privacy Policy, visit https://www.twelv.com/privacy-policy.html
• Twelv App reserves the unfettered right to use the personal information uploaded by users in accordance with its Privacy Policy.
• PROHIBITED USES
• In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Services, or allow others to use the Services:
• for any unlawful, harmful or otherwise objectionable purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• to post private or confidential information or do anything that violates the rights of others;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or other enumerated grounds of discrimination;
• to submit false or misleading information;
• to use or attempt to use another user’s account without authorization from Twelv App, or create or use a false identity on Twelv App Platform;
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the
Internet;
• to collect or track the personal information of others;
• to spam, phish, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose; or
• to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
• Twelv App shall be entitled to terminate your use of the Services for violating this Section 9 and to an injunction in addition to any other remedies available at law or in equity.
• DISCLAIMER
• Content You Access. Twelv App shall, as far as reasonably possible, ensure the quality and integrity of information provided by users on the Twelv App Platform, to the extent that the information provided to Twelv App by users is true, accurate, and not misleading. Twelv App has further implemented appropriate technological and organizational measures in order to ascertain, to the extent feasible, the safety, accuracy, and completeness of the information available on the Twelv App Platform. However, the responsibility for User Content, including the legality, accuracy, and quality of such content lies exclusively with the user and cannot be attributed to Twelv App in this regard. We make no representations concerning any User Content posted by users through the Services. Twelv App is not responsible for the accuracy, copyright compliance, legality, or decency of User Content posted by users that you access through the Services. You release us from all liability relating to such User Content.
• Availability of the Services. We do not guarantee, represent, or warrant that the Services will (a) be uninterrupted, timely, secure, or error-free; (b) that the Services will be available at any particular time or location; (c) that any defects or errors will be corrected; (d) that the Services or the server that makes it available will be free of viruses or other harmful components; or (e) the results of using the Services will meet your expectations. We will not be held responsible for the security of the Services or for any disruption of the Services however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
• Warranties. You expressly agree that your use of, or inability to use, the Services are at your sole risk. All products and Services are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
• LIMITATION OF LIABILITY
• To the maximum extent permitted by law, in no event shall Twelv App, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, volunteers, clients or licensors be liable for (i) any direct, indirect, consequential, incidental, exemplary, punitive or special damages; or (ii) for any damages, whether direct, indirect, consequential, incidental, exemplary, punitive or special, characterized as lost revenue, lost savings or revenue or lost profits, whether based in contract, tort (including negligence), strict liability or otherwise, arising from, or in connection with, your use of any of the Services or any products procured using the Twelv App Platform, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any website content, or any loss or damage of any kind incurred as a result of the use of the products or the Services posted, transmitted, or otherwise made available via the Twelv App Platform, even if Twelv App was advised of the possibility of any such loss or damage in advance.
• INDEMNIFICATION
• You agree to indemnify, defend, and hold harmless Twelv App, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, volunteers, clients, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (i) your use or misuse of the Services; (ii) your breach of these Terms or the policies they incorporate by reference; (iii) your violation of any applicable laws or the rights of a third-party; and (iv) any User Content that you post or otherwise submit on, through, or in connection with the Services. You agree to assist and co-operate as reasonably required by Twelv App in the defense of any such claim or demand.
• RELEASE
• If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from or in any way connected with such disputes.
• CHANGES TO TERMS, RIGHT TO MODIFY & TERMINATION
• Twelv App reserves the right at any time to modify, alter, or update these Terms. Your use of the Services following any changes means that you agree to follow and be bound by the Terms as changed. It is the obligation of users accessing the Services before the change to learn of changes to the Terms since their last visit.
• Twelv App reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any portion of the Services) and to restrict or prohibit access to such sites, without notice. You agree that we shall not be liable to you or to any thirdparty for any modification, suspension or discontinuance of such sites or parts thereof. Twelv App reserves the right, in its sole discretion, to correct any errors or omissions in any portion of such sites at any time without notice, but confirms that it has no obligation to do so.
• Twelv App may suspend or terminate your account and/or your ability to use the Services for failure to comply with these Terms, for providing Twelv App with untrue or inaccurate information about yourself, for infringement upon Twelv App proprietary rights, or for any other reason whatsoever or for no reason. If we terminate your account and/or access to the Services (or any portion of the Services), we will notify you and you may not try to access the Services again without Twelv App’s prior written approval. Any such termination by us shall be in addition and without prejudice to such rights and remedies as may be available to Twelv App, including injunction and other civil or equitable remedies or relief.
• In the event your account is suspended or terminated for any reason, these Terms will nevertheless continue to apply and be binding upon you in respect of your prior access to or use of the Services.
• You may delete your account to access the Services at any time. If you choose to delete your account, you will no longer be able to access the Services.
• Upon termination of these Terms, Twelv App will destroy all User Content that is no longer required as Twelv App determines in its sole discretion or, in the case of personal information, in accordance with the Privacy Policy referenced in Section 8 of these Terms.
• MISCELLANEOUS
• Interpretation. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
• Severability. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
• Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
• Assignment. You may not assign or otherwise transfer your rights, duties or obligations under these Terms. Twelv App reserves the right to assign their rights under these Terms at any time without notice to you.
• Entire Agreement. These Terms and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
• Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You consent and attorn to the exclusive jurisdiction of the courts located in the City of Toronto and in the Province of Ontario.
• Contact Information. Questions, comments or any reports of violations of the Terms of Use should be sent to us at info@twelv.com