TwinTone - Terms of Service

TERMS OF SERVICE

Last Updated: September 14th, 2025

The following Terms of Service (“Terms”) governs the access and use by you, including Creators, Brands and Users (each as defined below), of the Site and Services (as such terms are defined below) provided by Twin Tone Inc., a Delaware corporation (“Twin Tone”, “us”, “our”, “we”). This is a legal agreement between you and incorporates by reference the Privacy Policy located at www.twintone.ai/privacy-policy (the “Privacy Policy”, and collectively with these Terms, the “Agreement”); provided, however, that to the extent that there are any conflicts between any of the terms or conditions of these Terms and any of the terms or conditions of the Privacy Policy (provided that the inclusion of additional terms in the Privacy Policy that are not included in these Terms shall not be deemed to constitute a conflict, and such additional terms shall apply to your access and use of the Site and the Services), the applicable terms and provisions of these Terms shall control.

1. Consent and Use of the Site and Services

By registering to use, using, ordering, subscribing, logging into, or browsing the website at www.twintone.ai, related subdomains, and the related Twin Tone mobile applications (collectively the “Site”) and related Services (defined below), you agree to the terms and conditions of the Agreement, governing your access to and use of the Services, including but not limited to limitations of liability, indemnification, and your agreement to arbitrate disputes relating to the Site and/or the Services.

If you are entering into these Terms on behalf of a Creator, company, Brand or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity. These Terms are effective as of the date you accept these Terms by accessing the Services (“Effective Date”).

IF YOU DO NOT HAVE SUCH AUTHORITY TO ACCEPT THE AGREEMENT, OR IF YOU DO NOT AGREE WITH THE AGREEMENT, YOU (AND THE ENTITY ON WHOSE BEHALF YOU ARE SEEKING TO ENTER INTO THE AGREEMENT) MAY NOT USE THE SITE OR SERVICES.

2. DEFINITIONS

“confidential information” means any information, technical data, or know-how considered proprietary or confidential by either party to these Terms including, but not limited to, either party’s research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, customer information, personally identifiable information, pricing information, procedures, menu concepts, business and marketing plans or strategies, financial information, and business opportunities disclosed by either party before or after the Effective Date of these Terms, either directly or indirectly in any form whatsoever, including in writing, orally, machine-readable form or through access to either party’s premises.
“Content” means Creator Content and User Content.
“Brand” means a business or organization user that uploads brand assets (e.g., logos, trademarks, product images, guidelines), requests AI or custom UGC deliverables, or otherwise engages with Creators via the Services.
“Creator” shall refer to the purchaser of the Services provided by Twin Tone that is entering into the Agreement, and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney and any entity or person who had authority to act on behalf of Creator.
“Creator Content” means any information, text, images, or logos that Creator uploads, displays, posts, publishes, or otherwise makes available on or submits through the Service (collectively, “submit”), including, without limitation, contact information, preferences, transactional information, tax data, and other content provided by Creator to Twin Tone in connection with the Services, information about Creator’s use of the Services. Creator Content excludes Account Information. Creator Content also includes Creator’s voice, likeness, name, image, persona or anything else that identifies the Creator anywhere in the world, which are licensed to Twin Tone solely for the purpose of creating, training, deploying and monetizing the Creator's AI Twin under these terms.
“Security Emergency” means a violation by Creator of these Terms that (i) could disrupt (x) Twin Tone’s provision of the Services; (y) the business of other subscribers to the Services; or (z) the network or servers used to provide the Services; or (ii) provides unauthorized third-party access to the Services.
“Services” means the software, applications, platform, and/or services provided by Twin Tone.
“Statistical Data” means aggregated and anonymized statistical, transactional, usage and performance information based on and/or related to your use of the Services, which does not contain any personally identifying information and is compiled using a sample size large enough to ensure the underlying data cannot be attributed to you.
“Twin Tone AIA” means the artificial intelligence avatar of Creator developed by the Services which engages Creator’s contacts and Users through voice-to-text, text-to-voice, text-to-text, and video-to-video interactions, live streaming, and social commerce campaigns, including brand-sponsored content and custom UGC created on behalf of the Creator.
“User” refers to any individual or entity that interacts with, engages, or utilizes Twin Tone AIA of the Creator on any of the social or communication apps where Twin Tone is deployed. This includes, but is not limited to, individuals who initiate in voice-to-text, text-to-voice, text-to-text, and video-to-video interactions, access content, or engage in any form of communication or transaction facilitated by the Twin Tone AIA.
“User Content” means any information, text, images, or logos that User uploads, displays, posts, publishes, or otherwise makes available on or submits through the Service (collectively, “submit”), including, without limitation, contact information, preferences, transactional information, tax data, and other content provided by User to Twin Tone in connection with the Services.
“License” means the limited, revocable, non-exclusive, worldwide, sublicensable right granted by Creator to Twin Tone to use Creator Content solely for the purposes set out in these Terms, including creation, training, testing, hosting, deployment, and commercialization of the Twin Tone AIA.
“Campaign Order” means a brand booking, insertion order, statement of work, or in-product campaign booking (including any campaign brief, budget, dates, deliverables, flighting, platforms, and license term) that a Brand accepts through the Services.

3. LIMITED LICENSE & USE OF THE SITE AND THE SERVICES

A. Twin Tone hereby grants to you a non-exclusive, non-transferable, limited, revocable, worldwide right to use the Site, solely for such your own internal, non-commercial purposes, subject to the terms and conditions of these Terms. All rights not expressly granted to you are reserved by Twin Tone and its licensors.

B. Twin Tone hereby grants to Creator and Users a non-exclusive, non-transferable, limited, revocable, worldwide right to use the Services, subject to the terms and conditions of these Terms. All rights not expressly granted to Creator and Users are reserved by Twin Tone and its licensors. By uploading Creator Content, each Creator expressly grants Twin Tone the License defined in Section 2, including the right to create, train, test, host, and deploy the Creator’s Twin Tone AIA and to sublicense outputs of the Twin Tone AIA to Brands, platforms, and Users solely for campaigns, engagements, and monetization opportunities facilitated through the Services. This License does not transfer ownership of Creator Content; all rights not expressly granted to Twin Tone remain with the Creator. In addition, Creator shall not:

use, license, sublicense, sell, resell, transfer, assign, distribute, share, or otherwise commercially exploit or make available to any third-party (other than to Creator’s Users) the Site or the Services in any way;
modify or make derivative works based upon the Site or the Services;
embed the Site as a frame from within another website or application;
access the Site or the Services for purposes of monitoring its availability, performance, functionality, or for any other benchmarking;
Creator and Users agree not to engage in or permit interactions with the Twin Tone AIA that are abusive, harassing, unlawful, or otherwise in violation of these Terms. Twin Tone reserves the right to terminate or suspend access to the Services in instances of misuse or harmful interactions, as determined at Twin Tone’s sole discretion.
reverse engineer or access the Site or the Services in order to (i) build a competitive product or service, (ii) build a product using ideas, features, functions, or graphics that are similar to those related to the Site or the Services, or (iii) copy any ideas, features, functions or graphics of the Site or the Services;
send to or store on the Site or the Services any material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
interfere with or disrupt the integrity, security or performance of the Site or the Services, or any data contained therein, or Twin Tone’s servers or networks, including, without limitation, by means of submitting a virus to the Site or the Services, overloading, “flooding,” “spamming,” “mail bombing” or “crashing” or “DDoS” attacks;
attempt to gain unauthorized access to the Site or the Services or any of their related systems or networks;
take any action that imposes an unreasonably or disproportionately large load on Twin Tone’s infrastructure;
use the Site or the Services for any unlawful purpose;
use the Site or the Services to violate the terms and condition, rules, or acceptable use policy, or other requirements of a social media or communication application on which a Twin Tone AIA is deployed
violate any local, provincial, state, federal or international rules, regulations, laws or ordinances using the Site or the Services;
provide any information to Twin Tone that is false or misleading, that attempts to conceal your identity or that Creator does not have the right to disclose; or
solicit others to perform or participate in any of the foregoing actions.
Twin Tone shall be entitled to adjust the scope of the Site, the Services and the underlying technical infrastructure to reflect the continuing development of the Site, the Services and technical advances.
Acceptable Use – Prohibited Content. You may not use the Services to create, upload, or distribute content that is illegal; exploits or endangers minors; constitutes or promotes hate, harassment, or threats; incites violence or self-harm; involves non-consensual intimate imagery; infringes intellectual property or publicity rights; or provides medical, legal, or financial advice without appropriate qualifications and disclaimers. Twin Tone may remove content and suspend accounts that violate this policy.

4. CONTENT YOU SUBMIT

A. Twin Tone may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your Content and Twin Tone may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of Content without notice or any liability to you or any third-party in connection with our operation of Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is incomplete, inaccurate, out-of-date or otherwise objectionable or inappropriate, or to enforce the rights of third-parties or these Terms. Such Content submitted by you or others need not be maintained on the Service by us for any period of time, and you will not have the guaranteed right, once submitted, to access, archive, maintain, or otherwise use such Content on the Service.

B. Each time you submit any Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are an authorized officer, employee or agent of any company, corporation, partnership, limited liability company, or other business entity who owns and/or controls any Content or any elements thereto you submit, and that, as to that Content: (i) you and/or such entity are the sole author and owner of the intellectual property and other rights to the Content, or you have a lawful right to submit the Content and grant Twin Tone the rights to it that you are granting by these Terms, all without any Twin Tone obligation to obtain consent of any third-party and without creating any obligation or liability of Twin Tone; (ii) the Creator Content is accurate; (iii) the Content does not and, as to Twin Tone’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third-party (iv) the submission of the Content does not violate any agreement with any third-party; and (v) the Content will not violate these Terms, or cause injury or harm to any person.

5. ACCESS TO THE SERVICES

Creator is only permitted to access and use the Services once Creator registers as a Creator on the Site, under a Creator account. Each Creator is required to provide Creator’s full legal name, a valid email address, and any other information reasonably requested by Twin Tone.

Each Creator will choose or be provided with a unique identifier to access and use the Services (“Username”). Each Username shall only be used by the applicable Creator, and shall not be shared with, or used by any other person, including other Users.

All access to and use of the Services via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Services is strictly prohibited.

We reserve the right to deny registration of any account or Username at our discretion.

6. RESPONSIBILITIES

You are responsible for all of your activity on the Site and the Services and for all activity occurring under your account and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and the Services, including those related to data privacy, international communications and the transmission of technical or personal data.

You are solely responsible for all Content provided to the Site and the Services in connection with your use of the Site and Services. Twin Tone does not own any Content provided hereunder; provided that you hereby grant to Twin Tone a worldwide, royalty-free, non-exclusive, sublicensable right to use, reproduce, create derivative works of, distribute, perform, transmit and publish all Content for the purpose of providing the Site and the Services, including operating the Twin Tone AIA and facilitating Brand campaigns as described in these terms.

7. TWIN TONE AIA CREATION RESPONSIBILITIES

A. Content Gathering. Creator agrees to provide Twin Tone with all necessary Creator Content to create their own unique Twin Tone AIA. This includes, but is not limited to, social media accounts (including API or token access, as applicable), audio files, video clips, and images subject to the Creator’s discretion.

B. Twin Tone AIA Creation. Twin Tone agrees to use the content to develop a Twin Tone AIA version of the Creator personality and tonality of voice which will be distributed through voice, text and video channels of the social media and communication platforms on which the Services can be deployed. Twin Tone will exercise all commercially reasonable efforts to ensure that, in the opinion of Twin Tone acting reasonably and by reference to the agreed project documentation and persona brief, the AI accurately represents the Creator desired persona.

C. Quality Assurance and Testing: Twin Tone agrees to conduct testing of Twin Tone. This includes integration testing to ensure seamless functionality and user experience. Creator agrees to be involved in the testing process and to approve their Twin Tone AIA in writing once testing is complete (“Final Sign Off”). Any necessary adjustments will be made based on the feedback received by Twin Tone from the Creator. The Creator shall provide a Final Sign Off for the Creator’s Twin Tone AIA as a condition precedent to launch. If the Creator does not provide a Final Sign Off by the 7 days, Twin Tone will deem the Twin Tone AIA approved and commence to launch.

D. Pre-Launch Planning: Twin Tone will work with the Creator to develop a detailed Implementation Plan. This plan will outline key dates, milestones, and the marketing campaign strategy for the launch of the Creator’s Twin Tone.

E. Launch: Twin Tone will, following the final sign off, be launched by Twin Tone to the public. The launch will be accompanied by a coordinated marketing campaign as agreed.

F. Reporting: Twin Tone will provide periodic reporting to the Creator on user interactions, engagement duration and revenue metrics.

G. IP Registration on Blockchain: Creator consents to Twin Tone AIA simulating their likeness, tone, and personality. Creator acknowledges and agrees to the nature and risk of AI-generated outputs and retains the right to request edits or removal.

H. Brand Usage. Creator acknowledges and agrees that Twin Tone may sublicense outputs of their Twin Tone AIA to Brand partners for advertising, sponsorships, live shopping, and custom UGC, limited to specific campaigns or activations arranged through the Services. Brands receive only a time-limited, campaign-specific license to use such outputs and no ownership in Creator Content, Creator’s NIL, or the Twin Tone AIA.
I. Right of Withdrawal. Creator may request takedown of their Twin Tone AIA or removal from future campaigns with commercially reasonable notice. Twin Tone will use reasonable efforts to comply, provided such withdrawal does not affect licenses already granted to Brands or campaigns already in progress.

8. ACCOUNT INFORMATION, PASSWORD AND SECURITY

In the course of your use of the Site or the Services, we may ask you for certain information, including your name, email address, phone number, mailing address, billing address, credit card information, and tax reporting information (collectively, “Account Information”); provided that we may ask for only some of this information unless you are the Creator. Your Account Information must be up-to-date and accurate at all times. Should any such Account Information change, you must update it in your user profile. You agree that you are solely responsible for the accuracy and content of your Account Information. You are further responsible for maintaining the confidentiality of Username and password and also for all activities that take place under Username and/or account.

Consistent with and without limiting the scope of provisions limiting liability elsewhere in these Terms, in no event will Twin Tone be liable for any indirect or consequential loss or damage of any kind whatsoever resulting from the disclosure of your Username and/or password or your failure to comply with this section.

You shall notify Twin Tone immediately of any unauthorized use of any password or account used for access to the Site or the Services, or any other known or suspected breach of security related to the Site or the Services.

9. USER FEES

A. Users shall pay to interact with a Creator’s Twin Tone AIA by purchasing blocks of time in the amount of time and for the fees as specifically provided in the Services.

B. All fees are exclusive of all federal, state, provincial, municipal, or other taxes which User agrees to pay based on where the User is located. In the event of updated tax rates, Twin Tone will apply the new tax rate to future purchases without notice to User.

C. No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for unused time with a Creator’s Twin Tone AIA, including, but not limited to, instances involving the removal of a Creator and/or User from the Services. Twin Tone may, in its sole discretion, permit User to transfer unused time with a Creator that has left the Services to another Creator of its choosing.

D. All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the Creator, or in the form of an announcement on the Services.

10. CREATOR PAYMENT, REFUNDS, AND SUBSCRIPTION CHANGES

A. Twin Tone charges a monthly subscription recurring fee for Creator’s use of the Services, in addition to the subscription fee for every paid interaction facilitated by Twin Tone and Creator’s Twin Tone AIA…revenue derived through use of the Services and its Twin Tone AIA, will be split as follows: fifty percent (50%) allocated and paid to the Creator, and fifty percent (50%) will be allocated, paid to, and retained by Twin Tone, unless otherwise agreed in writing for larger creators or celebrities.

C. All revenue (prior to the deduction of taxes, and third-party platform fees, etc.), that is generated from Creator interactions with Users on the social and communication platforms Twin Tone is deployed on will be distributed between the parties as provided during the creation of Creator’s account.

D. Revenue, for the purpose of this agreement, is defined as all income generated from a User’s interaction with a Creator deploying Twin Tone AIA.

E. The Creator can turn Twin Tone AIA on and off for user engagement, but any such actions that might intentionally bypass revenue sharing will be considered a breach of these Terms. Creator accepts and agrees that any effort to bypass the Revenue Share shall result in liquidated damages equal to three (3) times the Revenue Share for the three (3) month period preceding the discovery of such violation. Creator agrees that such amount may be withheld from any amounts owed to Creator by Twin Tone.

F. Only direct monetary transactions facilitated through the Services will be considered as revenue. Gifts or donations outside the platform are excluded. If a gift can be monetarily quantified within the platform (e.g., virtual gifts with a clear value), it will be included in the revenue calculations.

G. Based on the monthly report, Twin Tone will generate and send a report to the Creator, Including a breakdown of the total revenue, the Creator’s share, and Twin Tone’s Revenue Share, along with any applicable taxes or deductions.

H. Payments from Users will be deposited directly into a Twin Tone account. The funds will be released to the respective parties less deductions i.e.: taxes, withholding, Revenue Share and any other fees that reduce revenue. Deductions don’t include any hard costs borne by Twin Tone or the Creator.

I. All fees are exclusive of all federal, state, provincial, municipal, or other taxes which Creator agrees to pay based on where the Creator or its Users are located. In the event of updated tax rates, Twin Tone will apply the new tax rate without notice to Creator.

J. No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving the removal of Creator and its Users.

K. All prices and the Revenue Share are subject to change upon notice. Such notice may be provided by an e-mail message to the Creator, or in the form of an announcement on the Services.

L. Payouts. Payments to Creators will be processed monthly, within a commercially reasonable period after month-end, net of applicable taxes, transaction fees, platform fees, chargebacks, refunds, fraud losses, or other lawful deductions. Creator must maintain current, accurate KYC and tax information to receive payouts.

M. Clawbacks; Offsets. Twin Tone may withhold, delay, or claw back payouts and may offset against future payouts amounts reasonably believed to be associated with refunds, chargebacks, fraud, policy violations, or errors.

N. Taxes. Creator is responsible for all income, VAT, GST, sales, or similar taxes arising from amounts paid to Creator, except taxes Twin Tone is legally required to collect or remit. Creator agrees to provide and maintain valid tax forms (e.g., W-9/W-8BEN) and understands Twin Tone may withhold amounts as required by law.

11. OTHER FEES

A. In addition to any fees Creator pays to access and use the Site and the Services, when making payments for the Services, industry-standard transaction fees may apply and will be added to your fees.

B. The Creator will at all times be solely responsible for setting prices for their services and offering additional services or upsells to Users at prices they determine, provided always that the Creator’s actions are in compliance with these Terms.

C. Any revenue generated from upsells or additional offerings is included in the calculation of revenue and the Revenue Share.

12. CANCELLATION AND TERMINATION
A. Creator Subscriptions. Creator may cancel at any time by using the in-product cancellation flow in account settings or by emailing info@twintone.ai from the registered account email. For security, we may require verification. Cancellations take effect at the end of the then-current billing period unless otherwise stated.

B. Brand Platform Access (Non-Campaign). A Brand that maintains a paid platform subscription (separate from any Campaign Order) may cancel at any time using the in-product cancellation flow or by emailing info@twintone.ai from the registered account email. Cancellations take effect at the end of the then-current billing period. Fees are non-refundable except as expressly provided in §12.G.

C. Brand Campaign Orders (Cancellation Windows and Fees). A Brand may cancel a Campaign Order by written notice (email sufficient) subject to the following:

Before Production Start: If cancellation occurs before production start (i.e., before any content creation, live setup, or scheduling begins), Brand owes a 25% kill fee of the campaign fee plus all approved pass-through costs incurred (e.g., platform fees, talent, media reservations).
After Production Start but Before Campaign Launch: If cancellation occurs after production start but before launch, Brand owes a 50% kill fee of the campaign fee plus all approved pass-through costs incurred.
After Campaign Launch (or During Flight): If cancellation occurs after launch, the full campaign fee for the current flight/term is due and non-refundable; Brand may cancel any future renewal/flight with 30 days’ prior written notice.
Performance-Based Campaigns (e.g., CPC/CPA): If a Campaign Order is expressly priced on performance (with no minimum), no kill fee applies; Brand remains responsible for spend delivered to date, any contracted minimums, and approved pass-throughs.
Media Buys / Third-Party Commitments: Any third-party inventory, marketplace, or media commitments that are non-cancelable will be passed through to Brand if Campaign Order is canceled.

D. Takedowns; Effect on Fees. A Brand may request takedown of ads or content containing campaign outputs. Twin Tone will use commercially reasonable efforts to comply promptly, subject to platform limits and Creator obligations. Takedowns do not entitle Brand to a refund for deliverables already provided or inventory already consumed.

E. Effect of Termination on Licenses. Upon (i) termination of a Brand’s platform access or (ii) cancellation/completion of a Campaign Order, (a) any campaign-specific licenses to use outputs end at the later of the campaign end date or license term specified in the Campaign Order, and (b) all use must cease thereafter unless a new license is purchased. Brand must remove/disable all ads and delete copies of outputs and other non-public materials, except for archival copies retained solely for legal compliance.

F. Suspension and Termination for Cause. Twin Tone may suspend or terminate any account or Campaign Order (Creator or Brand) with or without notice if: (1) there is a Security Emergency; (2) Twin Tone reasonably believes content or conduct violates these Terms, applicable law, platform policies, or rights of others; or (3) non-payment (see §12.H). Where feasible and not involving immediate risk, Twin Tone will provide notice and a 10-day cure period before termination.

G. Limited Refunds / Credits. Except where expressly stated, fees are non-refundable. If Twin Tone materially breaches a Campaign Order and fails to cure within 10 days after written notice, Twin Tone will provide makegoods or a pro-rata credit/refund for the undelivered portion of the affected deliverable(s), as Twin Tone’s sole liability and Brand’s exclusive remedy.

H. Late Payment; Non-Payment. Amounts not received when due may accrue a late charge of the lesser of 1.5% per month or the maximum rate permitted by law. Twin Tone may suspend campaigns and/or platform access for invoices 10 days past due and may terminate for invoices 30 days past due. Twin Tone may offset amounts due against any credits or payouts otherwise owed.

I. Survival. Sections that by their nature should survive (including without limitation §§ 6, 10(M)–(N), 12(D)–(I), 14, 15, 18–22, 23–25) survive termination or expiration.

J. Data Retention. Upon termination, Twin Tone may retain account records and logs for up to 60 days (or longer if legally required). Twin Tone may keep de-identified Statistical Data indefinitely.

13. REPRESENTATIONS & WARRANTIES

You and each of Creator’s agents, employees, or contractors acting on behalf of Creator in entering into these Terms, individually represents and warrants that they have the legal power and authority to enter into these Terms and that they (a) are an individual who is at least 18 years of age; (b) have not falsely identified themselves, nor provided any false information to gain access to the Site or the Services; (c) will provide current, complete and accurate payment and Account Information in connection with your use of the Site and the Services; and (d) will promptly update Account Information and other Creator information, including but not limited to Creator’s email address and deposit information, so that Twin Tone may facilitate Creator’s requested transactions and contact Creator as needed.

14. INTELLECTUAL PROPERTY

Ownership; License by Creator. As between Creator and Twin Tone, Creator retains all right, title, and interest in and to all Creator Content (including Creator’s name, image, likeness, voice, persona, and other indicia of identity (collectively, “NIL”)) and all related intellectual property and rights of publicity/privacy. By submitting Creator Content or otherwise enabling the Services, Creator grants Twin Tone a limited, revocable, non-exclusive, worldwide, royalty-free, fully sublicensable license (the “Creator License”) to use, reproduce, process, modify, adapt, translate, create derivative works from, host, store, transmit, display, perform, and distribute the Creator Content and NIL solely to: (i) create, train, test, host, deploy, operate, and improve the Creator’s Twin Tone AIA; (ii) facilitate monetization of the Twin Tone AIA through the Services (including live streaming, social commerce, sponsored content, and custom UGC); and (iii) sublicense outputs of the Twin Tone AIA to Brands, platforms, and Users for campaign-specific, time-limited uses arranged through the Services. No ownership of Creator Content or NIL is transferred to Twin Tone by virtue of this Agreement; all rights not expressly granted are reserved by Creator. The Creator License will terminate upon the later of: (x) account termination and takedown of the Twin Tone AIA, and (y) expiration of all then-active campaign licenses granted prior to termination.

B. Account Information. Creator represents and warrants that it has complied with all applicable laws (including providing notices and obtaining consents where required) to permit Twin Tone to use Account Information and technical usage information to tailor and provide the Services and to perform anonymized, aggregated analytics.

C. Twin Tone Property. As between the parties, Twin Tone owns the Services and all related software, algorithms, models, architectures, prompts, tools, documentation, and platform materials, together with all improvements and derivatives thereof (collectively, “Twin Tone IP”). Twin Tone IP expressly excludes Creator Content and NIL.

D. Statistical Data. Notwithstanding anything to the contrary, Twin Tone may generate, use, disclose, and commercialize aggregated and/or de-identified statistics, benchmarking, and performance data derived from use of the Services (“Statistical Data”), provided that Statistical Data does not identify Creator, Users, or any natural person.

E. Outputs; No Transfer of NIL. Subject to these Terms and applicable Brand campaign terms, outputs generated by the Twin Tone AIA (e.g., images, audio, video, text) are licensed, not sold. Brands and other third parties receive only the limited, campaign-specific license expressly granted via the Services; no ownership in Creator’s NIL or in the Twin Tone AIA or Twin Tone IP is transferred or implied. Any use of outputs outside the scope or term of the applicable campaign license is prohibited.

F. Feedback. You grant Twin Tone a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable and transferable license to use, reproduce, modify, and create derivative works from any feedback or suggestions relating to the Services.

G. Publicity. Unless otherwise agreed in writing, Creator permits Twin Tone to identify Creator as a customer and to display Creator’s name and logo in customer lists, websites, and press releases.

H. Blockchain Registration (Optional). Creator authorizes Twin Tone to record metadata about Creator Content or campaign licenses on Story Protocol or similar blockchain networks solely to facilitate IP provenance and monetization tracking. Such recording does not transfer ownership; all rights remain with Creator.

15. CONFIDENTIALITY

Each party agrees to treat all Content marked as confidential information as confidential and not to use or disclose such confidential information except as necessary to perform its obligations under, and in accordance with the terms and provisions of, these Terms. Content posted on public facing areas of the Services, such as reviews, shall not be considered “confidential information” for the purposes of the Agreement.

Twin Tone and any third-party vendors and hosting partners it utilizes to provide the Services shall hold Content in strict confidence and shall not use or disclose Content except (a) as required to perform their obligations under these Terms; (b) in compliance with our Privacy Policy; or (c) as otherwise authorized by you in writing.

Twin Tone shall process all personally identifiable information in compliance with applicable data privacy laws, including but not limited to the General Data Protection Regulation (GDPR) for Users and Creators located in the European Union and the California Consumer Privacy Act (CCPA) for Users and Creators in California. Twin Tone will implement appropriate technical and organizational measures to protect such information from unauthorized access, use, or disclosure in accordance with its Privacy Policy.

Notwithstanding the foregoing, Twin Tone shall have no responsibility to monitor the use of Content or privacy policies of the social media or communication platforms on which the Services are deployed.

16. AVAILABILITY; SUPPORT

Twin Tone represents and warrants that it will provide the Site and perform the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof. Twin Tone will use commercially reasonable efforts to cause the Site and the Services to be available twenty-four (24) hours per day, seven (7) days a week, three hundred and sixty-five (365) days per year, outside of scheduled downtime for maintenance and upgrades and extraordinary circumstances or causes beyond our control (such as fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, labor difficulties, generalized internet interruptions (through denial of service, worms, telecommunications problems or the like)) but does not guarantee, represent or warrant such availability. Twin Tone, from time to time, may make enhancements or upgrades to the Site and/or Services which result in the Site and/or Services being unavailable, which Twin Tone shall take reasonable steps to schedule so as to minimize the unavailability of the Site and/or Services and user inconvenience.

THE SITE AND THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. TWIN TONE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

17. INTEGRATIONS, THIRD-PARTY LINKS

The Services may link to or otherwise allow you to access or use or integrate with third-party providers of products and services (“Third-Party Services”). Such Third-Party Services are not “Services” under these Terms and are not subject to any terms related to the Site or the Services, including related warranties, indemnities, service commitments or other obligations. The availability of any Third-Party Services through the Services does not imply Twin Tone’s endorsement of or affiliation with the provider. Access to and use of any Third-Party Services are subject to the separate terms and conditions required by the providers of the Third-Party Services. Twin Tone does not control the Third-Party Services and will have no liability to you in connection with any Third-Party Service. Twin Tone has no obligation to monitor or maintain any Third-Party Service and may replace, disable, or restrict access to any Third-Party Service or cancel related integrations at any time, without notice. The calculation of downtime of the Site and the Services, if any, does not include the unavailability of any integration to a Third-Party Service.

If a Third-Party Service is enabled for your account, please be mindful that Account Information or Content will be shared with the third-party provider and the purposes for which the provider requires access. We will not be responsible for any use, disclosure, modification or deletion of Account Information or Content that is transmitted to, or accessed by, a Third-Party Service.

BY USING OR ENABLING ANY THIRD-PARTY SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT ANY LIABILITY AND REMEDIES RELATED TO A THIRD-PARTY SERVICE IS WHOLLY GOVERNED BY THE APPLICABLE THIRD-PARTY AGREEMENT AND TWIN TONE DISCLAIMS ALL LIABILITY RELATED TO SUCH THIRD-PARTY SERVICE.

18. DISCLAIMER OF WARRANTIES

TWIN TONE AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SITE, THE SERVICES, OR ANY CONTENT. TWIN TONE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE OR THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, LEADS, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THE SERVICES WILL MEET YOUR OR USER’S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVERS THAT MAKE THE SITE AND THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TWIN TONE SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT GENERATED, SUGGESTIONS MADE, OR ACTIONS TAKEN BY THE AI TWIN, WHICH ARE INTENDED SOLELY FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES. TWIN TONE DOES NOT WARRANT THAT THE AI TWIN’S OUTPUTS WILL BE FREE FROM ERROR, HARM, OR UNINTENDED EFFECTS. USE OF THE AI TWIN IS AT THE SOLE RISK OF THE USER OR CREATOR, AND TWIN TONE SHALL NOT BE LIABLE FOR ANY RELIANCE UPON OR INTERPRETATION OF AI TWIN OUTPUTS.

THE SITE, THE SERVICES, AND ALL CONTENT THEREON, INCLUDING WITHOUT LIMITATION, OUR CONTENT AND YOUR CONTENT, AS APPLICABLE, IS PROVIDED TO YOU AND USER STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY TWIN TONE AND ITS LICENSORS. TWIN TONE MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY TRANSACTIONS SOUGHT TO BE EFFECTED THROUGH YOUR OR USER’S USE OF THE SITE OR THE SERVICES.

19. LIMITATION OF LIABILITY

Except in the case of a violation by Twin Tone of its obligations under the section entitled Confidentiality, and except as provided in the section entitled “Indemnification by Twin Tone”, Twin Tone shall not be liable for and you waive the right to claim any loss, injury, claim, liability or damage of any kind resulting in any way from the Site and Services provided to you by Twin Tone.

IN NO EVENT SHALL TWIN TONE’S AGGREGATE LIABILITY PURSUANT TO THESE TERMS EXCEED THE FEES ACTUALLY PAID BY YOU TO TWIN TONE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM. IF YOU OR USER IS USING A FREE, TRIAL, OR OTHER UNPAID VERSION OF THE SERVICES, TWIN TONE’S MAXIMUM AGGREGATE LIABILITY SHALL BE $500.00. EXCEPT IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE UNDER THESE TERMS TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE OR THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You will solely be responsible for any damage and/or loss of your Content contained in your technology which occurs as a result of your electronic equipment and/or your computer system. Without limiting the foregoing, Twin Tone shall not be liable for claims arising out of (i) a Brand’s misuse of licensed outputs, or (ii) third-party redistribution of outputs outside the scope of agreed campaigns.

20. ADDITIONAL RIGHTS

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

21. INDEMNIFICATION BY TWIN TONE

Twin Tone shall defend, indemnify, and hold you harmless against any loss, damage, or costs (including reasonable attorneys’ fees) in connection with claims, demands, suits, or proceedings made or brought against you by a third-party alleging that the Services, or use of the Services as contemplated hereunder, infringes a copyright, a U.S. patent issued as of the date of final execution of these Terms, or a trademark of a third-party or involves the misappropriation of any trade secret of a third-party (each, a “Third-Party Claim”); provided, however, that you:

A. promptly give written notice of the Third-Party Claim to Twin Tone, and in no event later than five (5) days after learning of the Third-Party Claim (provided, however, that the failure to so notify shall not relieve Twin Tone of its indemnification obligations unless Twin Tone can show that it was materially prejudiced by such delay and then only to the extent of such prejudice);

B. give Twin Tone sole control of the defense and settlement of the Third-Party Claim (provided that Twin Tone may not settle any Third-Party Claim unless it unconditionally releases you of all liability); and

C. provide to Twin Tone, at Twin Tone’s cost, all reasonable assistance requested by Twin Tone.

Twin Tone shall not be required to indemnify you or any of its Users in the event of: (i) modification of the Services by you in conflict with your obligations or as a result of any prohibited activity as set forth herein to the extent that the infringement or misappropriation would not have occurred but for such modification; (ii) use of the Services in combination with any other product or service not provided by Twin Tone to the extent that the infringement or misappropriation would not have occurred but for such use; or (iii) use of the Services in a manner not otherwise contemplated by these Terms to the extent that the infringement or misappropriation would not have occurred but for such use.

22. RELEASE AND INDEMNIFICATION

In the event you have a dispute with one or more subscribers to the Services, Users (including those Creator authorizes) of the Site or the Services (including, but not limited to, any dispute regarding any transaction, or user generated content or) or any third-party website or service that may be linked to or otherwise interact with the Site or the Services, including, without limitation, any social media website, application, or service, you hereby agrees to release and forever discharges Twin Tone and its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, suppliers, distributors, vendors, attorneys and affiliates (collectively, the “released parties”) from any and all rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Site and the Services, to the fullest extent permitted by law.

You further agrees to indemnify, defend and hold harmless, to the fullest extent permitted by law, the released parties from and against all claims, demands, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from, arising out of or in connection with your use, unlawful use or other misuse, or inability to use the Site or the Services, your breach of these Terms, or otherwise relating to the business we conduct on the Site or the Services (including, without limitation, any potential or actual communication, transaction or dispute between you and any other third-party), any Content or confidential information posted by you or on your behalf to the Site or Services, any use of any service provided by a third-party provider, or any use of a service offered by us that interacts with a third-party website or application, including any social media site or other communications platform (each, an “Indemnifiable Claim”). You shall cooperate as fully as reasonably required in the defense of any Indemnifiable Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any Indemnifiable Claim, and you shall not settle any Indemnifiable Claim without our written consent. This section survives termination of these Terms. Brands and Creators each agree to indemnify and hold harmless the released parties from and against claims alleging infringement, violation of rights of publicity/privacy, or unlawful content arising from assets, instructions, or content they supplied or approved.

23. DISPUTE RESOLUTION

Certain portions of this Section 23 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Twin Tone agree that we intend that this Section 23 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 23 can only be amended by mutual agreement. Where arbitration is not permitted by the mandatory laws in your country of residence, or where the parties have not otherwise agreed to arbitration in accordance with applicable laws, the provisions of Section 24 shall apply to all relevant disputes between you and us.

A. First – Try To Resolve Disputes and Excluded Disputes. To the fullest extent permitted by applicable law, if any controversy, allegation, or claim arises out of or relates to the Site, the Content, your Content, or these Terms (collectively, a “Dispute”), or to any of Twin Tone’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 23(D)), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. Your notice to us must be sent to: Twin Tone Inc., info@twintone.ai, Attention: Customer Service. For a period of sixty (60) days from the date of receipt of notice from the other party, Twin Tone and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute.

B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 23(A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then any and all Disputes between you and Twin Tone must be resolved by final and binding arbitration. The Federal Arbitration Act (“FAA”), not state law, governs the arbitrability of all disputes between Twin Tone and you regarding these Terms and the Site. Twin Tone and you agree, however, that Massachusetts or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Twin Tone regarding these Terms and the Site, without regard to Massachusetts’ conflict of law principles. A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a demand for arbitration, then either party can elect to have the arbitration administered by JAMS using JAMS’ Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Twin Tone consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the metropolitan statistical area where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; provided that if applicable arbitration rules or laws require Twin Tone to pay a greater portion or all such fees and costs in order for this Section 23 to be enforceable, then Twin Tone may elect to do so.

C. Limited Time To File Claims. To the fullest extent permitted by applicable law, if you or we want to assert a Dispute (but not an Excluded Dispute) against the other, then you or we must commence it (by delivery of written notice as set forth in Section 23(A)) within one (1) year after the Dispute arises—or it will be forever barred.

D. Injunctive Relief. To the fullest extent permitted by applicable law, the foregoing provisions of this Section 23 will not apply to any legal action taken by Twin Tone to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, and/or Twin Tone’s intellectual property rights, Twin Tone’s operations, and/or Twin Tone’s products or services.

E. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying Disputes (but not Excluded Disputes) in small claims court, subject to Section 23(G).

F. No Class Action Matters. To the fullest extent permitted by applicable law, Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. If any court with competent jurisdiction or any arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate in Section 23(B) will not apply and the Dispute must be brought exclusively in court pursuant to Section 23(G).

G. Federal and State Courts in Boston, Massachusetts. Except to the extent that arbitration is required in Section 23(B), and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Boston, Massachusetts. Accordingly, you and Twin Tone consent to the exclusive personal jurisdiction and venue of such courts for such matters.

24. OTHER DISPUTE RESOLUTION WHERE ARBITRATION IS NOT AVAILABLE

This Section 24 applies to all users of the Site, if, and only to the extent that, the mandatory laws in your country of residence do not permit arbitration of Disputes in accordance with Section 22 or the parties have not otherwise agreed to arbitration if required by applicable law.

A. Section 24 Disputes. To the fullest extent permitted by applicable law, if any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site, the Content, these Terms, whether heretofore or hereafter arising or to any of Twin Tone’s actual or alleged intellectual property rights (collectively, a “Section 24 Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section 24 Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 24.A. Your notice to us must be sent to: Twin Tone Inc., info@twintone.ai Attention: Customer Service. Subject to applicable law, for a period of sixty (60) days from the date of receipt of notice from the other party, Twin Tone and you will engage in a dialogue in order to attempt to resolve the Section 24 Dispute, though nothing will require either you or Twin Tone to resolve the Section 24 Dispute on terms with respect to which you and Twin Tone, in each of our sole discretion, are not comfortable.

B. Jurisdiction. The parties agree that the state or federal courts in Boston, Massachusetts shall have non-exclusive jurisdiction of any Section 24 Dispute, unless otherwise required by applicable laws of your jurisdiction of residence.

C. Governing Law. To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Section 24 Dispute arising out of or in connection with it or its subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the State of Massachusetts, without regard to its conflicts of law provisions.

D. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A SECTION 24 DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 24.A) WITHIN ONE (1) YEAR AFTER THE SECTION 24 DISPUTE IS DISCOVERED -- OR IT WILL BE FOREVER BARRED.

E. Injunctive Relief. The foregoing provisions of this Section 24 will not apply to any legal action taken by Twin Tone to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, and/or Twin Tone’s intellectual property rights (including such Twin Tone may claim that may be in dispute), Twin Tone’s operations, and/or Twin Tone’s products or services.

25. MISCELLANEOUS

A. Entire Agreement. The Agreement constitutes the entire agreement between you and Twin Tone and governs your use of the Site and Services, superseding any prior agreements between you and Twin Tone (including, but not limited to, any prior versions of these Terms).

B. Headings. Headings in these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the applicable section to which such heading applies.

C. Waiver. The failure of either party to enforce any provision of these Terms shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

D. Severability. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision will be deemed severed from these Terms and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of these Terms.

E. Local Laws and Export Control. The Site and the Services provide services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of other applicable countries. You acknowledge and agrees that neither the Site nor the Services shall be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States or any other applicable country maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Site and/or the Services, you represent and warrant that your are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. and other applicable export laws and to assume sole responsibility for obtaining licenses to export or re-export as may be required. Twin Tone and its licensors make no representation that the Site or the Services is appropriate or available for use in other locations. If you use or access the Site and/or the Services from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.

F. Security. You acknowledge the risk that information and the Content stored and transmitted electronically through the Services may be intercepted by third-parties. You agree to accept that risk and will not hold Twin Tone liable for any loss, damage, or injury resulting from the interception of information. The Content is stored securely and encrypted. Only Twin Tone, with strict business reasons, may access and transfer the Content and only in accordance with the terms and conditions of the Agreement.

G. Third-Party Services. You acknowledge and agrees that Twin Tone may use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide the Site and the Services.

H. Relationship. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between Twin Tone and you or any other person or entity. I. Assignment; Change in Control. These Terms may not be assigned by you without the prior written approval of Twin Tone but may be assigned without your consent by Twin Tone to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger, consolidation, stock sale or similar. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you (if an entity) that results or would result in a direct competitor of Twin Tone directly or indirectly owning or controlling 50% or more of such entity shall entitle Twin Tone to terminate these Terms for cause immediately upon written notice.

J. Call Monitoring and Recording. For quality assurance, Twin Tone may record and/or monitor incoming calls to, and outgoing calls from, Twin Tone. By accepting these Terms, you also consent to any and all call recording and monitoring performed by Twin Tone or its agents, employees and/or affiliates.

K. Modification to Terms. Twin Tone reserves the right to modify the provisions of these Terms, the Privacy Policy or any other policies relating to the Site and/or the Services at any time, effective upon posting of an updated version of these Terms, the Privacy Policy, or such other policies, if applicable, on the Site. You are responsible for regularly reviewing the Site to check for changed or updated versions thereof. Continued use of the Site and/or the Services after any such changes shall constitute your consent to such changes.

Notice. Twin Tone may give notice by means of an electronic mail to your e-mail address on record in Twin Tone’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Twin Tone’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Twin Tone (such notice shall be deemed given when received by Twin Tone) at any time by letter to Twin Tone delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Twin Tone, in either case, addressed to:

**Twin Tone Inc.** **1111b South Governors Avenue, Dover** **Delaware, USA 19904**

L. DMCA / Copyright Agent. If you believe content on the Services infringes your copyright, please send a notice containing: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the infringing material and reasonably sufficient information to locate it; (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized; and (6) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act. Send notices to info@twintone.ai or to the postal address above, Attn: DMCA Agent. Twin Tone may remove or disable access to allegedly infringing material and may terminate repeat infringers.

26. Questions or Additional Information

If you have questions regarding these Terms or wish to obtain additional information, please send an e-mail to info@twintone.ai .

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