Terms and Conditions | TwoSense, Inc.

Personal data empowerment

TwoSense, Inc. is a Brooklyn-based startup with the goal of putting the individual in control of their own personal data.

TwoSense Terms of Use

Last Modified: November 20, 2015

1 Acceptance of the Terms of Use

1.1The following terms and conditions (the "Terms of Use") govern your access to and use of our services, which includes the website, located athttp://twosense.ai/ andhttp://gettuba.com (the "Website"), the Tuba mobile application (the “App”) and any content, functionality and services offered on or through the Website and the App (together our “Service”).

1.2TwoSense is owned and operated by TwoSense Inc, Delaware company with a principal place of business at 33 Nassau Ave, Brooklyn, New York 11222 ("TwoSense", "we" or "us").

1.3Please read the Terms of Use carefully before you start to use our Service. BY USING OUR SERVICE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT HTTP://twosense.ai/PRIVACY, INCORPORATED HEREIN BY REFERENCE. If you do not agree with the Terms of Use or the Privacy Policy, you must not access or use our Service.

1.4Our Service is offered and available to users who are over 18 years of age and reside in the United States or any of its territories or possessions. BY USING OUR SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE OVER 18 YEARS OLD, RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS, AND ARE ABLE TO FORM A BINDING CONTRACT WITH TWOSENSE. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE OUR SERVICE.

2 Changes to the Terms of Use

2.1We may revise and update the Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Service thereafter.

2.2Your continued use of our Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3 Limited License

3.1 License Grant. Subject to the terms of this Terms of Use, TwoSense grants you a limited, non-exclusive and nontransferable license to use our Service, including to download, install and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the App's documentation.

3.2 License Restrictions. You shall not:

(a) copy our Service except as expressly permitted by this license;

(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of our Service;

(c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of our Service or any part thereof;

(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from our Service, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available our Service or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;

(f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting our Service; or

(g) use our Service in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments.

3.3 Reservation of Rights. You acknowledge and agree that our Service is provided under license, and not sold, to you. You do not acquire any ownership interest in our Service under this Terms of Use, or any other rights thereto other than to use our Services in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Terms of Use. TwoSense and its licensors and service providers reserve and shall retain their entire right, title and interest in and to our Service, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Terms of Use.

4 Accessing the Service and Account Security

4.1We reserve the right to withdraw or amend our Service, including the Website, the App and any Service or any material we provide on the Website and the App, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Service or the entire Service, to users, including registered users.

4.2You are responsible for making all arrangements necessary for you to have access to our Service.

4.3To access our Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Service that all the information you provide on our Service is correct, current and complete. You agree that all information you provide to register with our Service or otherwise, including but not limited to through the use of the Website, the App and any interactive features on our Service, is governed by our Privacy Policy found at http://twosense.ai/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

4.4If you choose to register an account with us (“Account”) or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to our Service or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

4.5We have the right to disable your Account, any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

5 Intellectual Property Rights

5.1The Website and the App and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by TwoSense, its licensors or other providers of such material and are protected by United States and international copyright, trademark, trade dress, patent, trade secret and other intellectual property or proprietary rights laws.

5.2These Terms of Use permit you to use our Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service, except as follows:

(a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.

(c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

(d) When we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

(e) If we provide social media features with certain content, you make take such actions as are enabled by such features.

In addition, you must not modify copies of any materials from our Service; use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Service.

5.3If you wish to make any use of material on our Service other than that set out in this section, please address your request to: info@twosense.ai

5.4If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our Service in breach of the Terms of Use, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to our Service or any content on our Service is transferred to you, and all rights not expressly granted are reserved by TwoSense. Any use of our Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

6 Trademarks

Our name, the term “TwoSense”, our logo and all related names, logos, product and service names, designs and slogans are trademarks of TwoSense or its affiliates or licensors. You must not use such marks without the prior written permission from us. All other names, logos, product and service names, designs and slogans on our Website and App are the trademarks of their respective owners.

7 Prohibited Uses

7.1You may use our Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Service:

(a) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

(b) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

(c) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

(d) To impersonate or attempt to impersonate us, our employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

(e) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Service, or which, as determined by us, may harm us or our users or expose them to liability.

(f) To use our Service to collect information from any other person.

7.2In addition to the foregoing, you agree not to:

(a) Use our Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our Service, including their ability to engage in real time activities through our Service.

(b) Use any robot, spider or other automatic device, process or means to access our Service for any purpose, including monitoring or copying any of the material on our Service.

(c) Use any manual process to monitor or copy any of the material on our Service or for any other unauthorized purpose without our prior written consent.

(d) Use any device, software or routine that interferes with the proper working of our Service.

(e) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

(f) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Service, the server on which our Service and the data we collect is stored, or any server, computer or database connected to our Service.

(g) Attack our Service via a denial-of-service attack or a distributed denial-of-service attack.

(h) Otherwise attempt to interfere with the proper working of our Service.

8 Reliance on Information Posted

The information presented on or through our Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of our Service, or by anyone who may be informed of any of its contents.

9 Changes to our Service

We may update the content of our Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material of our Service may be out of date at any given time, and we are under no obligation to update such material.

10 Information About You and Your use of our Service

All information we collect on our Service is subject to our Privacy Policy found athttps://twosense.ai/privacy. By using our Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You own your personal data collected and created by you through using our Service. In addition, by accessing and using our Service, you hereby grant TwoSense a nonexclusive, royalty-free, worldwide, revocable, sublicensable right and license to use, process, compile, analyze, execute the transaction of, reproduce, modify, adapt, translate, create derivatives, in whole or in part, any personal information we collect from you for any purpose in accordance with this Term of Use and our Privacy Policy. You may revoke this license at any time by deleting your Account or write to us or opting out of our Service..

For the avoidance of doubt, Twosense owns any information collect through our Service without your personal information, including but not limited to, any technical, aggregated, and anonimized information, and derivatives thereof.

11 Linking to our Service and Social Media Features

11.1You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

11.2Our Service may provide certain social media features that enable you to:

(a) Link from your own or certain third-party websites to certain content on our Service.

(b) Send e-mails or other communications with certain content, or links to certain content, on our Service.

(c) Cause limited portions of content on our Service to be displayed or appear to be displayed on your own or certain third-party websites.

11.3You agree to cooperate with us to immediately stop any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice. We may also disable all or any social media features and any links at any time without notice in our discretion.

12 Links from our Service

If our Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13 Geographic Restrictions

13.1The owner of our Service is based in the state of New York in the United States. We provide our Service for use only by persons located in the United States. We make no claims that our Service or any of its content is accessible or appropriate outside of the United States. Access to our Service may not be legal by certain persons or in certain countries. If you access our Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

13.2We collect, process and store our data in the United States. By using our Service outside the United States, you hereby consent to the transfer of any data collected by our Service to the United States for processing, analysis and storage.

14 Export Regulation.

The Service may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release any part of our Service to including but not limited our Service and the App, or make our Service accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making our Service available outside the US.

15 Disclaimer of Warranties

15.1You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

15.2YOUR USE OF OUR SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICE IS AT YOUR OWN RISK. OUR SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TWOSENSE NOR ANY PERSON ASSOCIATED WITH TWOSENSE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER TWOSENSE NOR ANYONE ASSOCIATED WITH TWOSENSE REPRESENTS OR WARRANTS THAT OUR SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

15.3TWOSENSE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

15.4THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16 Limitation on Liability

16.1IN NO EVENT WILL TWOSENSE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SERVICE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF OPPORTUNITY, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA OR INCREASE IN DATA USAGE ON YOUR MOBILE DEVICES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

16.2THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17 Indemnification

You agree to defend, indemnify and hold harmless TwoSense, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of our Service.

18 Governing Law and Jurisdiction

18.1This Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without reference to its principles of conflicts or choice of law. The parties hereby opt out of the Uniform Computer Information Transaction Act to the fullest extent permitted by law.

18.2YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF, PURCHASE OF, OR SUBSCRIPTION TO OUR SERVICE SHALL BE FINAL AND BINDING ARBITRATION.

18.3Arbitration proceedings shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in New York, New York, except that, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief in any state or federal court in the State of New York and you consent to exclusive jurisdiction and venue in such courts. If costs related to such arbitration are determined to be excessive in a consumer dispute, we will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

18.4To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF OUR SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED

18.5IN THE CASE THAT A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL, INCLUDING BUT NOT LIMITED TO, ANY PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY CONFIDENTIAL INFORMATION, INTELLECTUAL PROPERTY RIGHTS, OR SELF HOSTED SERVICES THAT ARE THE SUBJECT OF THIS AGREEMENT.

18.6Any and all disputes proceeding in court under this Terms of Use shall only be resolved by courts located in the State of New York and the parties hereto consent to venue therein, the exclusive personal jurisdiction thereof, and to the sufficiency of service of process by certified or registered mail in connection with any dispute arising out of or in connection with this Terms of Use.

19 Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20 Correspondence.

All other feedback, comments, requests for technical support and other communications relating to our Services should be directed toinfo@twosense.ai and the mailing addressed under Section 1.2.

21 Term and Termination.

21.1The term of Terms of Use commences when you first begin to use our Service and will continue in effect until terminated by you or us as set forth in this Section 21.

21.2You may terminate this Terms of Use by stop using our Service and deleting the App and all copies thereof from your Mobile Device.

21.3We may terminate this Terms of Use at any time without notice at our sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Terms of Use.

21.4Upon termination:

(a) all rights granted to you under this Agreement will also terminate; and

(b) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

(c) Termination will not limit any of Company's rights or remedies at law or in equity.

22 Survival

The provisions this Terms of Use, including but not limited to Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 23and 24shall survive any termination or expiration of this Term of Use.

23 Entire Agreement

23.1The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and TwoSense with respect to our Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Services.

24 Waiver and Severability

24.1No waiver of by TwoSense of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TwoSense to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

24.2If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.