LAST REVISED 7/26/2023

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

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

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

1. Use of Our Services

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

2. Account

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

3. Intellectual Property Rights

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

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

4. Platform Interruptions

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

5. Third Party Services

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

6. Your Content

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

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

7. Your Responsibilities

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