HomeTerms And Conditions

Terms And Conditions

T&Cs

Terms And Conditions (T&Cs)For Using Twiching General Trading Pte Ltd

1. Introduction

These Terms and Conditions are between TWICHING GENERAL TRADING PTE LTD (“Company” or “We”) and the user (“You” or “Your”) of the Company’s products, services, and website. This Agreement describes the terms for using the Company’s products, services, and website. 

By accessing the Company’s website, products, or services, You agree to be bound by this Agreement and any amendments made to it. Please read this Agreement carefully.

2. Definitions

“Company IP” refers to any intellectual property owned or licensed by the Company, including but not limited to trademarks, copyrights, patents, logos, graphics, images, software, code, Confidential Information, and other materials. 

“Confidential Information” includes any proprietary information, technical data, trade secrets, or know-how disclosed by the Company. It does not include information that is publicly available.

“Service” refers to any product, service, content, feature, technology, or functionality we provide to you, either directly or in collaboration with third parties.

“Terms” means these Terms and Conditions which form a legally binding contract between You and the Company. 

“We,” “Us,” and “Our” refer to the Company.

“You” and “Your” refers to the individual accessing the Service.

3. Access and Use of the Service

3.1. The Company grants You a revocable, non-exclusive, non-transferable license to access and use the Service for Your personal, non-commercial use only. Any other use requires the Company’s prior written consent.

3.2. You agree not to access or use the Service for any illegal, harmful, fraudulent, infringing, obscene, or objectionable activities. You agree not to interfere with anyone else’s use of the Service.

3.3. To access certain features of the Service, You may have to create an account and provide certain information about Yourself as prompted by the account registration or Service use forms. You represent and warrant that all information provided by You is accurate and up-to-date. You are responsible for maintaining the confidentiality of Your login credentials and You are solely responsible for all activities that occur under Your account. 

3.4. Parts of the Service may allow You to copy or download Company IP. This Company IP may only be used for non-commercial personal use and must maintain and display any proprietary notices provided in or with the Company IP. You may not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Service.

4. User Content

4.1. The Service may allow You to create, upload, post, send, receive, and store content, such as text, images, photographs, audio, video, or other materials (“User Content”). Accessing, using, or downloading User Content is entirely voluntary and at Your sole risk. 

4.2. You retain all rights and ownership over Your User Content. You grant the Company a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display portions of Your User Content in order to provide the Service.

4.3. You represent and warrant that You have all necessary rights to grant the Company the license for Your User Content above without infringing any third-party rights. You also represent and warrant that Your User Content adheres to the Acceptable Use Policy in Section 6.

4.4. We may reject User Content and may restrict, suspend, or terminate Your access to all or part of the Service due to objectionable User Content, violation of this Agreement, or any other reason in our sole discretion.

5. Intellectual Property

5.1. The Company and our licensors retain all right, title, and interest in and to all Company IP. The Service does not grant You any rights in or related to the Service or Company IP, except for the limited license granted above. 

5.2. You shall not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Service or any software, documentation, or data related to the Service; modify, translate, or create derivative works based on the Service or any software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service.

5.3. If You provide the Company with any feedback, suggestions, improvements, enhancements, or other recommendations (“Feedback”), You hereby grant the Company the rights to use such Feedback without any attribution or compensation to You.

6. Acceptable Use Policy

6.1. You agree not to misuse the Service or assist anyone else in doing so. Examples of misuse include:

*   Uploading, posting, transmitting, distributing, or otherwise making available any harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, infringing, or otherwise objectionable material of any kind;

*   Impersonating any person or entity or falsely stating Your affiliation with a person or entity;

*   Uploading, posting, transmitting, distributing, or otherwise making available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware;

*   Stalking, harassing, threatening, blackmailing, spamming, or otherwise violating the privacy rights or property rights of others;

*   Using meta tags or code or other devices containing any reference to the Company to direct any person to any other website for any purpose;

*   Modifying, adapting, translating, reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code for the Services or any related technology that is not open source;

*   Violating any applicable laws, regulations, or rules;

*   Facilitating or assisting a third party in doing any of the above acts.

6.2. We reserve the right to remove or disable access to any User Content for any reason at our sole discretion.

7. Third-Party Services

The Service may contain features or links to websites and services provided by third parties. Any such features or links are provided for your convenience only. We do not review, endorse or assume any responsibility for third-party content, products, or services. Your access and use of third-party content, products, or services is at Your own risk.

8. Indemnity

You agree to indemnify and hold the Company and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to Your violation of this Agreement or arising from Your use of the Service.

9. Disclaimers 

9.1. The content on the Service is for informational purposes only. We make no representations as to the accuracy or completeness of any information found on the Service. The Company will not be liable for any informational errors or incompleteness, or for any actions taken by You in reliance on information contained on the Service.

9.2. The Service and all materials contained on it are provided on an ‘as is’ basis without warranties of any kind, either express or implied. We disclaim all warranties to the fullest extent permissible under applicable law.

9.3. We do not warrant that the Service is free of viruses, worms, malware, Trojan horses, or other harmful code. You are responsible for implementing safeguards to protect Yourself and Your computer system.

10. Limitation on Liability

10.1. Under no circumstances shall the Company be liable for any indirect, incidental, consequential, special, or exemplary damages arising from Your use of the Service. This includes damages for loss of profits, goodwill, business interruption, lost data, or any other intangible losses.

10.2. Under no circumstances shall the Company’s liability exceed one hundred U.S. dollars ($100) in aggregate. The existence of one or more claims will not expand this limitation.

10.3. You agree that Our limitation on liability is an agreed allocation of risk between You and the Company. Removing the limitations on liability herein would increase the cost of operating the Service and restrict the ability to provide You the Service. These limitations will apply even if any limited remedy fails of its essential purpose.

11. Term and Termination

11.1. This Agreement shall remain effective until terminated as described below. 

11.2. The Company may terminate this Agreement and Your access to the Service immediately for any reason at our sole discretion, including but not limited to Your breach of this Agreement.

11.3. Upon termination, all licenses granted to You shall immediately terminate. You shall immediately stop using the Service and promptly delete all Company IP.

11.4. If You delete Your account, Your User Content may persist internally for our records and may remain visible where others have shared it. However, we will discontinue Your access to the Service. 

12.  Changes to this Agreement

We may amend this Agreement from time to time. If we make material changes, we will notify You via the email address associated with Your account. By continuing to access the Service after any revisions come into effect, You agree to be bound by the updated Agreement.

13.  Dispute Resolution 

13.1. Any disputes arising from or relating to this Agreement (“Disputes”) shall be resolved through binding arbitration. Arbitration shall be subject to the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by this Agreement.

13.2. The arbitration will be conducted before a single arbitrator. The arbitrator will have the power to award any remedies available under applicable law, provided the arbitrator does not have the power to act outside the provisions of this Agreement or to award punitive damages, treble damages, or any other damages not measured by the prevailing party’s actual damages. The arbitrator’s award shall be final and binding on the parties. Judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction.

13.3. The AAA Rules will govern payment of all arbitration fees. The Company will pay all arbitration fees for claims less than seventy-five thousand U.S. Dollars ($75,000). The Company will not seek our attorneys’ fees and costs from You in any arbitration.

13.4. All Disputes must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, private attorney general, or other representative proceeding (“Class Action Waiver”). The arbitrator may not consolidate more than one person’s claims or engage in any class arbitration. 

13.5. Notwithstanding the above, we both agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

14. Governing Law

This Agreement shall be governed by the laws of the State of Delaware without regard to conflict of law principles. To the extent any Dispute proceeding takes place outside of arbitration, it shall exclusively be brought in state or federal court in Delaware.

15. Severability

If any part of this Agreement is ruled invalid or unenforceable, that portion shall be modified to achieve the parties’ intentions. The remaining provisions of this Agreement shall remain in full force and effect.

16. Contact Us

If You have any questions about this Agreement or the Service, please contact us at:

TWICHING GENERAL TRADING PTE LTD  

Email: info@twiching.ai

1 TAMPINES NORTH DRIVE 1, T-SPACE, SINGAPORE 528559

17. Entire Agreement

This Agreement constitutes the entire agreement between You and the Company regarding the use of the Service. This Agreement supersedes any prior agreements or understandings, whether written or oral.

18. Assignment  

You may not assign or transfer this Agreement or Your rights and obligations without the Company’s prior written consent. The Company may freely assign this Agreement. Any attempted assignment or transfer in violation of this Section will be null and void.

19. Survival  

The following Sections will survive expiration or termination of this Agreement for any reason: Definitions, Intellectual Property, Disclaimers, Limitation on Liability, Indemnity, Dispute Resolution, and Governing Law.   

20. Force Majeure

The Company will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, governmental acts or orders or restrictions, technological change, changes in law or regulation, national or regional emergency, acts or threats of terrorism, war, criminal acts of third parties, or any other force majeure event.

21. Independent Contractors

You and the Company are independent contractors. Nothing in this Agreement creates any agency, partnership, joint venture, or employer-employee relationship. Neither party has the power to bind or obligate the other. 

22. No Waiver

Any delay or failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision. Failure to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

23. Notices

Any notice delivered by the Company to You under this Agreement will be delivered by email to the address associated with Your account or posted on the Service. Any notices You send to Us should be sent by postal mail to our address listed above. Notices will be deemed received twenty-four (24) hours after transmission by email or three (3) days after the date of mailing.

24. Modifications

We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. We will notify you of any material changes via email or on our website. Your continued use of the Service constitutes acceptance of the amended terms. If you do not agree to any amendments, you must immediately stop using the Service.

25. Headings

The section headings in this Agreement are included for convenience only and shall take no part in the interpretation or construing of the Agreement.

26. Electronic Communications 

The communications between you and Company may take place via electronic means, whether You send us emails, or whether Company posts notices on the Service or communicates with You via email. For contractual purposes, You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Company provides to you electronically comply with any legal requirement that such communications would satisfy if it were to be in writing.  

27. Copyright Dispute Policy

The Company has adopted the following general policy toward copyright infringement on the Service in accordance with the Digital Millennium Copyright Act (the “DMCA”). The address of the Company’s Designated Agent for copyright takedown notices (“Designated Agent”) is listed below.

(a) Procedure for Reporting Copyright Infringement:

If you believe that content residing or accessible on or through the Service infringes your copyright, please send a notice of claimed copyright infringement containing the following information to the Designated Agent listed below:

– Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

– Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service (providing the URL(s) of the claimed infringing material satisfies this requirement); 

– Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

– A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

– A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this policy, your notice may not be valid. For clarity, the information requested above must be contained in a written notice.

(b) Procedure for Counter-Notification: 

If you believe that content that you posted to the Service has been wrongfully removed in response to a copyright infringement notification, you may send us a counter-notification containing the following information to the Designated Agent listed below:

– Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

– A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; 

– Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the Service may be found; and that you will accept service of process from the complainant.

– Your physical or electronic signature.

If we receive a valid counter-notification, we will reinstate your removed or disabled content within 10-14 days.

(c) Notices:

Written notification must be submitted to the following Designated Agent:

Attn: Copyright Agent 

TWICHING GENERAL TRADING PTE LTD  

Email: info@twiching.ai

1 TAMPINES NORTH DRIVE 1, T-SPACE, SINGAPORE 528559

You expressly agree that you will not take action against Us for any removal conducted in response to a notice of claimed infringement. Neither we nor our affiliates will be liable to you under any circumstances for declining to provide access to any materials as a result of any notice received related to alleged copyright infringement.

28. Questions

If you have any questions regarding these Terms, please contact us at: 

TWICHING GENERAL TRADING PTE LTD

Email: info@twiching.ai

1 TAMPINES NORTH DRIVE 1, T-SPACE, SINGAPORE 528559

This is a staging enviroment