Terms of Service

Twyla Canvas - The Conversation Design Platform. Twyla Canvas is operated by Twyla GmbH. (“Twyla”, “we” or “us”).

In order to create chatbots with our application (the “Application”) and make use of the services offered by us (collectively with the Application, the “Services”), you must agree to be bound by these Terms of Use (the “Terms”) and by our Privacy Policy. If you object to anything in these Terms or the Privacy Policy, you are prohibited from using the Services.

These Terms and Privacy Policy are subject to change by us at any time, effective upon posting through the Services; by accessing the Services after any such change, you accept the Terms as modified.

1 - Eligibility

Void Where Prohibited. You are responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. These Terms are void and use of the Services is not permitted where such use is prohibited.

2 - Use of the Services

A - Resale and Commercial Use. You are fully permitted to use our Application and Services in commerce as a means to resell or build goods and services which you use or offer commercially, with the exception of cases in which your product is materially similar or designed to compete directly with the Services offered by Twyla.

B - Code of Conduct. By accessing the Services, you agree to the following code of conduct:

i - You will not publish, display or use (hereinafter “post”) any defamatory, abusive, obscene, profane, threatening, harassing, racially offensive, discriminatory or otherwise offensive or illegal material.

ii - You will notify us promptly of any User’s violation of these Terms.

iii - You will not impersonate any person or entity.

iv - You will not express or imply that any statements you make are endorsed by us without specific prior written consent.

v - You will not remove any copyright, trademark or other proprietary rights notices displayed through the Services.

vi - You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

vii - You will not interfere with or disrupt the Services or the servers or networks connected to the Services.

viii - You will not post, email or otherwise transmit 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 or telecommunications equipment.

ix - You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services.

x - You will not “frame” or “mirror” any part of the Services without our prior written authorisatoin. You also shall not use metatags or code or other devices containing any reference to the Services in order to direct any person to any other website for any purpose.

xi - You will not directly modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services, or cause or assist others to do so.

F - Compliance with Applicable Laws.

Your use of the Services, including but not limited to any content you post, must be and shall be in accordance with any and all laws and regulations that apply to you and your use of the Services.

G - Disclaimers of Responsibility for User Actions

i - No Reliance on Content. Opinions, votes, advice, statements, offers, or other information or content made available through the Services are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Services or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Services. Under no circumstances will we or our affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted through the Services or transmitted to or by any Users.

3 - Reservation of Rights

A - Right to Terminate or Deny Service. You understand that we, at our sole discretion, at any time, for any reason or no reason whatsoever, can deny or block any user from the Services and terminate any user’s account if he/she is a User.

B - Rights to Disclose. You acknowledge and agree that we have the right to disclose information you provide if required to do so by law at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, request or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend our, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including a user or User) is threatened.

C - Right to Review Content; No Duty to Monitor. You acknowledge and agree that we have no duty whatsoever to prescreen, control, monitor or edit the content created by Users and we are not liable for content that is provided by others. However, you understand and agree that we may, but are not required to, review, edit and delete any knowledge content, photos, or other content that, in our sole judgment and discretion: (i) violate these Terms; (ii) may be offensive, disturbing, unsafe, or illegal; or (iii) may violate any rights of other Users or third parties.

D - Right to Change Services. You acknowledge and agree that we may from time to time modify, change, suspend or discontinue, temporarily or permanently, in whole or in part, any aspect or feature of the Services without notice to you, including changes to usage and to access procedures. You acknowledge and agree that we shall not be liable to you or any third party for any such modification, change, suspension or discontinuance.

E - Right to Conduct Research; Informed Consent. By accessing the Services, you agree to allow us to anonymously collect and use information from you and your experience with the Services to conduct research about the Services and to improve the products and user experience therein. All such information collection and use will be in accordance with our Privacy Policy.

4 - Proprietary Rights; Use License

A - Ownership. We and our licensors own and retain all proprietary rights in the Services. The Services may contain the copyrighted material, trademarks, and other proprietary information of us and our licensors (the “Application Content”). Except for Application Content that is in the public domain or for which permission has been provided, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any Application Content.

B - Use License. Subject to these Terms, we grant to you a limited, revocable, non-exclusive, fully paid license to access the Application Content, for the sole and limited purpose of facilitating your use of the Services.

You represent, warrant and agree that you will not contribute any User Content that:

infringes, violates or otherwise interferes with any copyright or trademark of another party;

reveals any trade secret, unless you own the trade secret or have the owner’s permission to disclose it;

infringes any intellectual property right of another or the privacy or publicity rights of another;

is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party;

may contain a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

5 - Termination

A - By User. You may terminate your access to the Services at any time, for any reason, by ceasing use of the Application.

B - By Us. We, at our sole discretion, may terminate your access to the Services for any reason or no reason. We are not required to provide you notice prior to terminating your access to the Services. We are not required, and may be prohibited, from disclosing a reason for the termination of your account.

6 - Disclaimers/Limitations.

A - We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding:

i - which users gain access to the Services;

ii - what Application Content you access via the Services;

iii - what effects the Application Content may have on you or your organisation;

iv - how you or others may interpret or use the Application Content; or

v - what actions you or others may take as a result of having been exposed to the Application Content.

B - We are not responsible for any incorrect or inaccurate information displayed through the Services, whether caused by Users or by any of the equipment or programming associated with or utilised in the Services.

C - Under no circumstances will we or any of our affiliates, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, any content posted on the Services or transmitted to Users, or any interactions between users, whether online or offline.

D - We provide the application and services “as is, as available”, without any warranty or condition of any kind (express, implied or statutory) and your access of the application and services is at your own risk. We do not warrant that the application will meet your requirements or result in any particular outcome, or that the operation will be uninterrupted or error-free. To the fullest extent allowed by law, we specifically disclaim any implied warranties of titles, merchantability, non infringement and fitness for a particular purpose, some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

E - In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (I) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (II) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination, or (III) for any direct damages in excess of (in the aggregate) of one hundred euros (€100.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations aux exclusions may not apply to you.)

7 - Jurisdiction and Choice of Law.

These Terms of Service are ruled by the German law.

8 - Indemnity by You

You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above.

9 - Miscellaneous

A - Entire Agreement

These Terms contain the entire agreement between you and us regarding the use of the Services.

B - Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

C - Survival

Even after your access to the Services is terminated, or your use of the Services discontinues, these Terms will remain in effect. All terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

D - Waiver

Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver, provided by one of our authorised representatives.

E - Headings

The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

F - No Third Party Beneficiaries.

You agree that, except as otherwise expressly provided in these Terms there shall be no third party beneficiaries.

G - Relationship of the Parties

You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

Please contact us at hello@twylahelps.com with any questions regarding these Terms.