Terms and Conditions

1.1The agreement

These Terms and Conditions (these “Terms”) constitute a binding legal agreement between you (“you”, “your” or “User”) and Abyssinia Homes LLC, a limited liability company organised under the laws of the State of Maryland, United States (“Abyssinia Homes LLC”, “we”, “us” or “our”), governing your access to and use of the TwinTalk website at twintalk.app, the TwinTalk application, and every product, feature, communication, content and service we make available in connection with them (together, the “Services”).

You accept these Terms by creating an account, by accessing or using any part of the Services, or by clicking or tapping a control that states that you accept them. If you do not accept these Terms you must not use the Services.

These Terms incorporate by reference the Privacy Policy, and any additional terms we present at the point at which a particular feature, promotion or plan is offered. Where an additional term conflicts with these Terms, the additional term governs the subject matter it addresses and these Terms govern everything else.

1.2Capacity and authority

By accepting these Terms you represent and warrant that you are at least 18 years of age; that you have the legal capacity to enter into a binding contract; that you are not barred from using the Services under the law of any jurisdiction applicable to you; that you are not a person or entity subject to the sanctions described at Section 28; and that, if you accept these Terms on behalf of an organisation, you have authority to bind that organisation, in which case “you” means that organisation.

1.3Electronic contracting and communications

You consent to contract electronically. You agree that your affirmative act of clicking, tapping, registering or using the Services is your electronic signature, that it has the same legal effect as a handwritten signature, and that these Terms are not unenforceable by reason of being in electronic form. This consent is given for the purposes of the Electronic Signatures in Global and National Commerce Act, the Uniform Electronic Transactions Act as enacted in Maryland, the Act on Electronic Documents and Transactions of the Republic of Korea, and Regulation (EU) No 910/2014.

You also consent to receive from us electronically every notice, disclosure, agreement and other communication that any law would otherwise require to be in writing, on the terms set out at Section 29. You may withdraw that consent by closing your account; because the Services are delivered electronically, withdrawing it while continuing to use them is not possible.

1.4Amendment of these Terms

We may amend these Terms at any time. An amendment takes effect on the date stated at the head of the amended document, and we will not apply an amendment retroactively to a dispute of which we have notice.

Where an amendment is material — because it increases your obligations, reduces your rights, changes the price of a subscription you hold, or alters Section 23 — we will give you at least 30 days’ notice before it takes effect, by email to the address on your account or by a notice within the Services. Where the law applicable to you requires your affirmative consent to an amendment, we will seek it rather than rely on your continued use.

Your continued use of the Services after an amendment has taken effect constitutes your acceptance of it. If you do not accept an amendment your remedy is to stop using the Services and close your account before the amendment takes effect, in which case Section 13 governs any refund.

5.1What the Services are

TwinTalk matches a User who speaks one language with a User who is learning it, connects them in a live two-way video Call, and generates Translation Output so that each can follow the other. The Services are a facility for conversation between Users. They are not a tutoring service, a teaching service, an interpreting service, a certification body, a dating service, an introduction agency or an employment service, and we do not hold ourselves out as any of those things.

We are not a party to, and take no position on, the substance of any conversation between Users. We do not supervise Calls, we do not assess the quality of the conversation, and we make no representation about the proficiency, identity, character, intentions or suitability of any User.

5.2Your Twin

Each one-to-one Call includes your Twin: an automated analysis of your own speaking and understanding, built from your side of your Calls and shown to you, as described in our Privacy Policy. Your Twin is a description of your own use of the language given to you; it is not an assessment of any conversation, and it is not a representation about the proficiency of any other User. You may turn the analysis off, or delete your Twin, at any time in Settings. If you share a card of your Twin, you choose what it shows and to whom you give it; anyone with a link can see that card until you stop the link. We may stop a link that breaches these Terms or our Community Guidelines.

You may send a report of your Twin to people you choose. You decide what it shows and who receives it, and you are responsible for sending it only to people you want to have it; anyone with its link can see it until you stop the link or it expires. A report describes your speaking in conversations on the Services; the notice below applies to it in full. Teacher reports are included in paid plans; every account may send one report free of charge once one of its Calls has been analysed.

5.3Changes to the Services

We may add, modify, suspend, discontinue, limit or remove any feature, content or part of the Services at any time, with or without notice, and we may impose limits on use — including on the number, length or frequency of Calls — where necessary to protect the Services, to comply with law, or to allocate capacity fairly among Users. Where a change materially and adversely affects a feature that was a substantial part of a Subscription you have paid for, Section 13.3 sets out what you are entitled to.

We may release features identified as beta, preview, experimental or early access. Such features are provided for evaluation, may be withdrawn at any time, and are excluded from any service commitment. They are furnished on the basis set out at Section 20 (Disclaimer of Warranties) and, to the maximum extent permitted by law, with no warranty of any kind whatsoever.

5.4Availability

The Services depend on the internet, on your device, on your network, on third-party cloud infrastructure and on third-party real-time communications and speech providers, none of which we control. We do not commit to any level of availability, uptime, latency, throughput, connection quality or absence of interruption, and we do not offer a service level agreement. Maintenance, whether scheduled or emergency, may make the Services unavailable.

A Call may fail to connect, may drop, may suffer degraded audio or video, or may produce no Translation Output at all. That is a characteristic of real-time communication over the public internet and not a breach of these Terms.

5.5The Services are not an emergency service

6.1What Translation Output is

Translation Output is generated automatically by statistical and machine learning systems. It is a probabilistic rendering of what those systems estimate was said and what they estimate is the corresponding expression in another language. It is not produced, reviewed, verified or certified by a human translator or interpreter.

Translation Output can be wrong, and it can be wrong in ways that are not obvious. It may omit words, add words, invert a negation, mistake a homophone, lose an honorific, flatten a register, misattribute a speaker, render an idiom literally, mistranslate a number, a name, a date, a dosage or an amount, or produce fluent text that does not correspond to anything that was said.

6.2No warranty of accuracy

6.3Uses for which Translation Output must not be relied on

You must not use, and must not permit any person to use, Translation Output as the basis for any decision or communication in the following contexts. This restriction is a material term of these Terms.

1. Medical, clinical, dental, psychiatric, psychological, therapeutic, pharmaceutical or public-health purposes, including the taking of a history, the giving of a diagnosis, the obtaining of informed consent, the communication of a dosage or the delivery of any instruction concerning health or treatment.
2. Legal purposes, including advice, the negotiation, formation, interpretation or performance of a contract, a sworn or certified translation, a court or tribunal proceeding, a deposition, an interview under caution, an immigration or asylum process, or any filing with a public authority.
3. Financial purposes, including investment, lending, insurance, tax, accounting, audit, payment instructions and the communication of any amount, account number or beneficiary detail.
4. Safety-critical, industrial, engineering, transport, aviation, maritime, construction, chemical, nuclear or hazardous-materials purposes, and the communication of any instruction, warning or procedure on which physical safety depends.
5. Emergency, law-enforcement, military, intelligence, disaster-response or life-safety purposes of any kind.
6. Employment, educational or credentialing decisions concerning another person, including assessment, examination, admission, hiring, discipline or dismissal.

Where any of those contexts arises you must engage a qualified human translator or interpreter and, where applicable, a licensed professional. To the maximum extent permitted by law, no Covered Party has any liability whatsoever arising out of or relating to the use of Translation Output in any context described in this clause, and your use of it in such a context is a breach of these Terms for which Section 22 (Indemnification) applies.

6.4Rights in Translation Output

As between you and us, we do not claim ownership of Translation Output generated from your own speech, and you may use it for your personal, non-commercial language-learning purposes. Translation Output may not be unique to you: the same input may produce the same output for another User, and we make no representation that Translation Output is original, that it does not resemble other output, or that its use does not infringe the rights of a third party.

7.1What you are granted

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for your own personal, non-commercial purposes, for so long as your account remains in good standing. No other right is granted, and every right not expressly granted is reserved.

7.2What you must not do

You must not, and must not permit or assist any person to:

1. copy, modify, adapt, translate, reverse engineer, decompile, disassemble or attempt to derive the source code, structure, architecture, model weights, prompts or algorithms of any part of the Services, except to the extent that such an act cannot lawfully be prohibited;
2. rent, lease, lend, sell, resell, sublicense, distribute, assign or otherwise transfer the Services or any right in them, or make them available to a third party as a service bureau or on any other basis;
3. use the Services to build, train, fine-tune, evaluate or improve any machine learning model, dataset, product or service, whether or not competitive with the Services;
4. access or use the Services by any automated means, including a robot, spider, scraper, crawler, script, headless browser or artificial-intelligence agent, or circumvent any rate limit, access control, authentication mechanism, technical protection measure or robots exclusion protocol;
5. extract, harvest, scrape, index, cache or store the Services or any content, User Content, Translation Output or data obtained from them, other than incidentally and temporarily as your browser or device does in the ordinary course of displaying them to you;
6. remove, obscure or alter any proprietary notice, trade mark or attribution;
7. probe, scan or test the vulnerability of the Services or any related system, breach or attempt to breach any security or authentication measure, or access any account, data or system you are not authorised to access;
8. introduce any virus, worm, trojan, ransomware, logic bomb or other malicious or harmful code;
9. impose an unreasonable or disproportionately large load on the Services, or interfere with or disrupt their integrity, performance or availability, including by denial-of-service or by flooding;
10. frame, mirror, deep-link into or present the Services in a way that obscures their origin or falsely implies an association with us; or
11. use the Services in the operation of any nuclear facility, weapons system, life-support system, air-traffic control system or other application in which failure could lead to death, personal injury or severe environmental damage.

A breach of this clause is a material breach. We may respond by any means available at Section 8.4, and nothing in these Terms limits any other remedy we may have at law or in equity, including injunctive relief.

8.1Prohibited conduct

The Services connect you by live video to a person you have not met. The following conduct is prohibited absolutely, and a single instance of it may result in immediate and permanent termination without notice and without refund. You must not:

1. expose your genitals, engage in any sexual act, or transmit any nude, sexually explicit, sexually suggestive or pornographic image, video or audio;
2. engage in any sexual conduct, solicitation or communication involving a minor, or transmit, request or attempt to obtain any material depicting the sexual exploitation or abuse of a minor;
3. harass, stalk, bully, intimidate, threaten, abuse, degrade or attempt to coerce another User, or continue to contact a User who has asked you to stop;
4. threaten or incite violence, terrorism, self-harm, suicide or an eating disorder, or glorify a person who has committed a violent crime;
5. engage in hate speech or in conduct that attacks or demeans a person or group on the basis of race, ethnicity, national origin, immigration status, caste, religion, disability, disease, age, sex, gender, gender identity or sexual orientation;
6. impersonate any person or entity, misrepresent your identity, age, nationality, affiliation or proficiency, or use a photograph, voice or likeness that is not your own;
7. solicit money, cryptocurrency, gift cards, investments, loans, personal financial information or credentials from another User, or engage in romance fraud, advance-fee fraud, confidence fraud or any other deceptive scheme;
8. advertise, promote or solicit for any commercial purpose, including recruiting for a business, a multi-level marketing scheme, a religious or political organisation, or a competing service;
9. record, photograph, screen-capture, stream, broadcast or otherwise reproduce a Call or any part of it without the prior consent of every participant, as required by Section 11.2;
10. publish, transmit or threaten to publish another person’s private information, including a home address, telephone number, workplace, identity document, financial information or intimate image;
11. transmit any content you do not have the right to transmit, including content that infringes a copyright, trade mark, patent, trade secret, right of privacy or right of publicity;
12. use the Services to commit, facilitate, plan or promote any unlawful act, including the sale of a controlled substance, a weapon, a stolen good, a counterfeit item or a human being;
13. circumvent, disable or interfere with any safety feature, including reporting and blocking; or
14. create an account after a previous account of yours has been suspended or terminated, or assist any person to do so.

This list describes categories of prohibited conduct and is not exhaustive. Conduct that is not listed but that is unlawful, that harms another User, or that we reasonably determine to be abusive or to expose us to legal risk is equally prohibited.

8.2Reporting and blocking

The Services provide a means to block another User, and a means to report conduct that breaches these Terms. If you experience conduct of the kind described at Section 8.1, end the Call, block the User and report it. Where a matter involves a crime, a threat to life or the exploitation of a minor, report it to the police or to the appropriate authority as well as to us at contact@twintalk.app.

We investigate reports and take the action we consider appropriate. We do not undertake to reach a particular outcome, to reach it within a particular period, to disclose the outcome or our reasoning to you, or to explain a decision concerning another User’s account. A report is not a legal proceeding and our decision on it does not determine any question of legal right between you and the User you reported.

You must not submit a report you know to be false, or submit reports in order to harass another User. Doing so is itself a breach of these Terms.

8.3No duty to monitor; right to monitor

We have no obligation to monitor the Services, to monitor Calls, to review, screen or moderate User Content, or to prevent or detect prohibited conduct, and no such obligation is to be implied from the existence of the reporting and blocking features, from any action we take in a particular case, or from any statement about safety made anywhere in the Services or in our marketing.

We reserve the right, but do not assume the duty, to monitor, review, investigate, refuse, remove, restrict, edit or disable access to any User Content or account at any time, for any reason or for no reason, without notice and without liability. The exercise of that right on one occasion does not create an obligation to exercise it on another, and the decision not to exercise it is not a waiver of it.

Nothing in this clause limits any protection available to us under section 230 of the Communications Decency Act, Article 6 of Directive 2000/31/EC, Articles 4 to 6 of Regulation (EU) 2022/2065, section 44-2 of the Information and Communications Network Act of the Republic of Korea, or any comparable provision limiting the liability of an intermediary for content provided by a third party.

8.4Enforcement

Where we determine that you have breached these Terms, or where we reasonably suspect that you have, we may take any one or more of the following steps, in our sole discretion, with or without notice, and without any obligation to take the least restrictive step available:

• issue a warning;
• remove, restrict or disable access to User Content;
• limit a feature, restrict matching, or reduce the frequency or length of Calls available to you;
• suspend your account, temporarily or indefinitely;
• terminate your account permanently, without refund except as Section 13.3 requires;
• refuse to permit you to create a further account;
• retain evidence of the conduct for the periods stated in the Privacy Policy; and
• report the conduct to law enforcement or to another competent authority, and cooperate with any resulting investigation.

Our failure to enforce a provision of these Terms on any occasion is not a waiver of that provision or of our right to enforce it subsequently.

9.1You keep what is yours

You retain all right, title and interest in your User Content. We claim no ownership of it. Nothing in these Terms transfers a copyright, a trade mark or any other proprietary right in your User Content to us.

9.2The licence you grant us

You grant us and our Service Providers a worldwide, non-exclusive, royalty-free, fully paid-up licence to host, store, cache, reproduce, transmit, display, adapt, translate and create derivative works of your User Content, and to sub-license those rights to a Service Provider acting on our instructions, in each case solely to the extent necessary to:

1. operate and deliver the Services to you and to the other participant in a Call, including by generating Translation Output;
2. maintain the record of your progress that the Services show back to you;
3. keep the Services secure, and investigate a report or a suspected breach of these Terms; and
4. comply with law and respond to a legally binding demand.

The licence is limited to those purposes. It does not permit us to publish your User Content, to use it in marketing, to sell it, or to use it to train a machine learning model, and we will not do any of those things without your separate, specific and withdrawable consent. The licence ends when the User Content is deleted, except to the extent a copy is retained as the Privacy Policy permits.

9.3What you promise about your User Content

You represent, warrant and undertake, in respect of every item of User Content, that you own it or have every right, licence, consent and permission necessary to submit it and to grant the licence at Section 9.2; that it does not infringe or misappropriate the intellectual property, privacy, publicity, moral or other rights of any person; that it is not unlawful, defamatory, obscene or otherwise in breach of Section 8.1; and that its submission does not breach any contract or duty of confidence by which you are bound.

Do not submit confidential information through the Services. We accept no duty of confidence in respect of User Content beyond the obligations stated in the Privacy Policy, and a Call is by its nature disclosed to the other participant.

9.4Feedback

If you send us a suggestion, idea, proposal, bug report, review or other feedback about the Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable and sub-licensable licence to use, reproduce, modify, distribute, display, make, have made, sell and otherwise exploit that Feedback and any idea within it, for any purpose and without restriction, attribution or compensation to you.

Feedback is given voluntarily and is not confidential. You represent that you are entitled to grant this licence and that the Feedback does not contain the confidential information or intellectual property of a third party. Nothing in this clause obliges us to use Feedback or to implement anything you suggest.

10.1We do not vet Users

We do not check identity or background, in order to respect Users’ privacy; we give every User tools to protect themselves instead (ending a call, blocking, reporting, and the review of reports by a person, Section 8.2). Where we offer a feature described as verification, such as the Campus Exchange’s enrolment check, that feature does no more than the description accompanying it states. It is not a background check, it is not a guarantee of identity or of safety, and a badge or indicator of any kind is not a representation by us about the person who carries it.

10.2Assumption of risk

You understand and accept that other Users may act unlawfully, deceptively, abusively, offensively or negligently; that a User may misrepresent who they are; that a User may attempt to defraud you, to obtain money or personal information from you, to record you, to harass you, or to expose you to content you find objectionable; and that a User may behave in a way that causes you distress, embarrassment, financial loss or physical harm.

You are responsible for deciding what to disclose in a Call. Do not disclose your home address, your place of work or study, your daily movements, your financial or identity documents, or any credential. Do not send money to a User. Do not agree to meet a User in person without taking the precautions you would take before meeting any stranger. We do not arrange, facilitate, supervise, endorse or take any responsibility for a meeting between Users away from the Services.

10.3Release

If you are a California resident you waive California Civil Code section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You also waive every comparable statute, rule, regulation or principle of common law of any other jurisdiction, to the extent it may lawfully be waived.

This release does not extend to a Claim arising from a Covered Party’s own fraud, wilful misconduct, gross negligence, or death or personal injury caused by its negligence, and it does not apply to the extent Consumer Law renders it unenforceable in your jurisdiction. It survives the termination of these Terms.

10.4No duty to intervene

We may, but are not obliged to, intervene in a dispute between Users, and our intervention in one case creates no obligation to intervene in another. We are not a mediator, an arbitrator or an adjudicator of disputes between Users, and we accept no responsibility for the outcome of any such dispute.

11.1Your consent to the processing a Call requires

By taking part in a Call you consent to the processing of its audio and video that the delivery of a translated conversation necessarily involves: transmission to the other participant, conversion of speech to text, translation, the rendering of captions and, where enabled, the synthesis of speech. That processing is described in full in the Privacy Policy, which governs it.

You also acknowledge that the other participant will see and hear you and will read the Translation Output of what you said, and that we cannot retrieve, recall or delete what another person has seen, heard or remembered.

11.2You must not record a Call without consent

This prohibition is a term of these Terms and it is also, in many places, the law. Maryland is an all-party consent jurisdiction: section 10-402 of the Criminal Law Article of the Maryland Code makes it a felony to intercept an oral communication without the consent of every party to it. California, Florida, Illinois, Pennsylvania, Washington and several other states impose comparable requirements, Article 14 of the Protection of Communications Secrets Act of the Republic of Korea criminalises the recording of a conversation between others, and many other jurisdictions treat unconsented recording as a criminal offence, a tort, or both.

You are solely responsible for determining and complying with the law that applies to you and to the other participant, whose jurisdiction may differ from your own. Obtaining consent is your obligation and not ours, and no Covered Party has any liability arising out of your recording of a Call or another User’s recording of one. Publishing a recording of a Call, or of any participant, without consent is prohibited absolutely and may result in immediate termination and referral to law enforcement.

12.1The plans and what they cost

The Services are offered on the plans and products described below. Prices are stated in United States dollars, exclusive of tax unless stated otherwise at the point of purchase. Customers in the Republic of Korea may be offered and charged prices in Korean won. The amount you are charged, and its currency, are determined at the point of purchase and are the amount and currency shown to you there; a Subscription continues to be charged in the currency of its first payment. Prices in Korean won are set prices, not conversions, and include Korean value added tax. A price shown elsewhere in another currency is a conversion for information.

A weekly allowance is an allowance and not a guarantee that a match will be available at a time you choose. An unused allowance does not accrue, does not carry forward and has no cash value.

The meeting-hours included with TwinTalk Business are an allowance for each calendar month. Hours not used in a month do not carry forward. Extra meeting-hours are used only once the month’s included hours have been used, and do not expire, but can be used only while a TwinTalk Business Subscription is active. A Meeting Pass is used when a meeting it pays for opens, is returned if that meeting never opens or if nobody else joins it and it lasts less than five minutes, and does not expire. Meeting-hours and Meeting Passes are personal to the account that bought them, cannot be transferred and have no cash value.

The holder of a TwinTalk Business account decides whom to invite to a meeting, including guests who join through a link without an account, and is responsible for their use of the Services in that meeting and for telling them, before they join, that the meeting is translated, transcribed and summarised.

12.2The free first session

A new account is entitled to one session of up to 30 minutes at no charge. After that, every plan is conversations of up to 45 minutes: Starter is $29.99 a month for 2 conversations a week, Standard is $39.99 for 3, and Intensive is $59.99 for 5. Paying for the year saves up to 16%. The free session does not begin a Subscription and does not by itself result in a charge: a Subscription begins only when you choose a plan and authorise payment.

One free session is available per person, not per account. Creating additional accounts in order to obtain additional free sessions is a breach of Section 3 and of Section 8.1.

12.3Who sells a purchase to you

Purchases made through the Services are processed by Stripe and sold to you through Link, Stripe’s consumer service, which acts as the reseller and merchant of record for the transaction. Link collects the payment and any applicable tax, sends your receipts and invoices, appears on your statement as “LINK.COM*” followed by our name, and provides payment and order support, including through its own website, where you may also cancel a Subscription. Link’s terms and privacy notice, presented at checkout, govern the payment transaction, including Link’s own refund and dispute policy. These Terms govern the Services, and we remain responsible to you for them. Link sends a receipt and an invoice for every purchase; we do not issue separate tax invoices for card purchases.

12.4Payment authorisation

By purchasing a Subscription you authorise us, Link and our payment processor to charge the payment method you provide for the amount of the Subscription and for every applicable tax, on the date of purchase and on each renewal date, until the Subscription is cancelled. You represent that you are authorised to use the payment method and that the information you give is accurate.

You must keep your payment information current. We may update a payment method automatically where a card network or issuer provides updated details, so that a Subscription is not interrupted by an expiry.

12.5Automatic renewal

We give the notices that the law requires before a renewal takes effect, including an email before each renewal of an annual plan and, for any Subscription, at least once a year, and the notices required by the Restore Online Shoppers’ Confidence Act, by section 17602 of the California Business and Professions Code, by Article 22 of the Act on Consumer Protection in Electronic Commerce of the Republic of Korea, and by Article 246 of Directive 2011/83/EU as implemented in your jurisdiction. Cancellation is available by the same means as purchase, in the same number of steps, and takes effect without your having to speak to anyone.

12.6Changing plan

You may change plan from the account settings within the Services. A change to a plan with more conversations, or from monthly to annual billing, takes effect at once, and the difference in price for the rest of the current billing period is charged immediately. A change to a plan with fewer conversations, or from annual to monthly billing, takes effect at the end of the current billing period: you keep the plan you have paid for until then, nothing is charged or refunded when you make the change, and the new plan is charged from the day it begins. A change that has not yet taken effect may be undone before it begins.

12.7Price changes

We may change the price of a plan. A change does not affect a billing period for which you have already paid. We will give you at least 30 days’ notice before a new price applies to a renewal, and the notice will tell you the new price, the date from which it applies and how to cancel. If you do not wish to pay the new price you must cancel before that date; continuing after it constitutes your acceptance of the new price. Where the law applicable to you requires your affirmative consent to a price increase, we will obtain it and will not renew without it.

12.8Promotion codes and partner codes

A promotion code entered at checkout gives the discount it states, on the terms shown with it. A partner code — from a creator or other partner, entered at sign-up or carried by the partner’s link — records who referred you and gives the benefit the partner’s offer describes, such as an extra free session. A code may be used once per person, applies only to a new account where it says so, has no cash value, cannot be combined with another code unless we say otherwise, and may expire or be withdrawn. We may refuse or reverse a benefit obtained through a code that was misused, including by creating additional accounts.

Taking part in our partner program as a partner is governed by the separate partner terms we give you when you join, and not by this section.

12.9Taxes

Except for prices in Korean won, which include Korean value added tax, prices exclude sales tax, use tax, value added tax, goods and services tax, consumption tax, digital services tax and every other tax, duty, levy or withholding, all of which are your responsibility except for taxes on our net income. Where we are required to collect a tax we will add it to the amount charged and will show it before you confirm. Where you are required to withhold a tax from a payment to us, you must gross the payment up so that we receive the amount we would have received had no withholding been required.

12.10Failed payment

If a charge fails, access to the paid features of that Subscription is paused until the amount due is paid, and paying it restores access. We may also retry the charge, suspend your access to paid features, downgrade your plan or terminate the Subscription. You remain liable for every amount that has fallen due. Where permitted by law we may charge interest on an overdue amount at the lesser of one and one-half per cent per month and the maximum rate the law allows, together with the reasonable costs of collection, including reasonable legal fees.

13.1How to cancel

You may cancel a Subscription at any time from the account settings within the Services, or by writing to contact@twintalk.app from the email address on your account. Cancellation stops the next renewal and takes effect at the end of the billing period in which you cancel. You keep access to the paid features until then, you are not charged again, and nothing is refunded for the rest of the period (Section 13.2).

If you bought a Subscription through an application store, cancel it through that store’s subscription management, because we cannot cancel it for you. See Section 15.

13.2No refunds

Before you pay, we show you this and ask you to confirm that you want access to begin at once and that you understand that what you buy is not refunded except where the law requires; we keep a record of that confirmation. Access begins as soon as the payment succeeds.

The only exceptions are these: (a) the rights described at Section 13.3; (b) if the same Subscription is bought twice by mistake, the second is cancelled and refunded automatically; (c) we refund the unused portion of a prepaid purchase where we terminate it other than for your breach of these Terms, or discontinue the Services entirely; and (d) Link, as merchant of record, may decide to give a refund under its own policy (Section 12.3). A refund given by Link or by us in one case does not create a right to one under these Terms or oblige either of us in another.

13.3Statutory cancellation and withdrawal rights

Statutory rights apply where the law gives them. Nothing in this section limits a right that Consumer Law gives you and that cannot lawfully be excluded. In particular:

1. European Economic Area and United Kingdom. Articles 9 to 16 of Directive 2011/83/EU, as implemented in your jurisdiction, give you 14 days from the conclusion of the contract to withdraw from it without giving a reason. Where you ask us to begin supplying the Services within that period and acknowledge that you will lose the right of withdrawal once they have been fully performed, the right lapses on full performance; where the Services have been partly performed you are liable for a proportionate amount. You may exercise the right by any clear statement sent to contact@twintalk.app. You make that request and that acknowledgement when you confirm at checkout (Section 13.2).
2. Republic of Korea. Article 17 of the Act on Consumer Protection in Electronic Commerce gives you seven days from the later of the conclusion of the contract and the receipt of the contractual document to withdraw your subscription while the supply of what you bought has not begun — for example, before you have held a conversation, used a pass or hours, or taken a seat under it. Once supply has begun, withdrawal is limited under Article 17(2) of that Act, because we state this clearly before you buy and let you try the Services first with a free conversation (Article 17(6)). You also have three months from the day you become able to know of a discrepancy where the Services differ from what was advertised (Article 17(3)). Article 18 governs the consequences of withdrawal, including the period within which a refund must be made. Ask Link’s support or write to us to exercise these rights.
3. Other jurisdictions. Where the law of your habitual residence gives you a cooling-off period, a right of withdrawal, a statutory guarantee, or a remedy for a service that is not of acceptable quality, that right applies in full and this section is read subject to it.

13.4Chargebacks

If you dispute a charge with your card issuer or bank without first raising it with us at contact@twintalk.app, we may suspend or terminate your account while the dispute is resolved. This does not limit your right to dispute a charge; it reflects that a chargeback is resolved between financial institutions on a record we cannot supplement, and that a matter we are told about first is usually resolved faster.

14.1What this section covers

TwinTalk Exchange (in Korean, 트윈톡 익스체인지; its university programme is the Campus Exchange) is the part of TwinTalk that pairs verified university students with students on the other side of a language exchange, and the tools for the professors and departments around them. This section applies to everyone who uses it — students, faculty, and anyone who buys seats or a pass — in addition to the rest of these Terms. Where this section and another provision of these Terms conflict about the Exchange, this section governs, for the Exchange only.

14.2Who may join as a student, and the attestation

To join the Exchange as a student you must be at least 18, be currently enrolled at a university we recognise, have a current student email address at that university, and study in a country for which the Exchange is open. When you verify, you confirm: “I am currently enrolled at this university.” We record that confirmation, its version, the time and the language in which you gave it.

We use that record to keep the Exchange to real students and to keep out people who pretend to be one. What happens when a confirmation turns out to be wrong depends on why, in proportion:

1. A status that lapsed or was confirmed by mistake — you graduated or left, or verified an address in good faith that wasn't the right one: your Exchange access pauses until you verify again. Nothing else changes; your account, Twin and history stay.
2. A deliberately false confirmation — confirming enrolment you know you don't have, verifying an address that is not yours, or letting another person use your verified account: your Exchange access ends, any certificate it earned is revoked (its verification page says so), and that school address can no longer verify any account.
3. Fraud or other abuse alongside it — for example, using a false status to reach students for another purpose: the general rules on enforcement and termination apply as well (Section 8.4, Section 19.3), including a ban that covers the account, its email, payment card and device.

14.3What verification is, and what it is not

We verify a student by sending a code to their school address. Once the code is confirmed we keep a keyed fingerprint of the address and its domain, not the address itself; one school address can verify one account. We ask for your expected graduation month, and we ask you to verify the same address again every 12 months. Faculty verify with a school address and a public page on the school's own website that names them.

Verification confirms enrolment status and nothing else. It is not a check of anyone’s identity, character, background or criminal record: to respect students’ privacy we don’t make those checks, and we give every student the safety tools instead. It is the one exception to Section 10.1, and Section 10.2 continues to apply to every conversation in the Exchange.

When your expected graduation month passes, or a re-verification fails, your account becomes an ordinary member account: your Twin, your history and your connections stay, and the student pool closes to you.

14.4Who students meet

Inside the Exchange, verified students are matched with verified students. A student meets a person who is not a student only (a) when the student invites them, (b) when they were already connected, (c) in a TwinTalk Business meeting the student hosts or accepts, or (d) as an open partner, under Section 14.5. This is a rule about whom we introduce; it is not a promise that any conversation will be safe or suitable.

We try to find each student a steady partner for the term, with one weekly time both chose, and a back-up when a week is missed. Partners depend on who is available at the same hours, and we do not promise that a partner, a particular partner or a particular time will be available. A partnership may be ended and a new one formed, by either partner or by us, without a reason being given to the other.

14.5Open partners: your choice, and the risk you accept

If no student partner is available for 72 hours, or at any time from Settings, a student may choose to be matched with TwinTalk members who are not verified students (“open partners”). We offer only members who meet our standing bar (among other things: 18 or over, a confirmed email, at least three completed calls and no upheld report); the student’s school is never shown to them. The choice is off until the student ticks a box, is recorded with its version, and can be turned off at any time, with effect at once.

You can protect yourself at once, in any call. End the call with one tap; block the person, who then can never find, call or invite you again; report them from the call or afterwards, and a person at TwinTalk reads every report with the last minutes of the call’s captions and chat; turn open partners off in Settings, which ends every open link at once. The live check runs on every call. We show you these tools on the consent screen, before you choose.

Nothing in this clause releases or limits our liability for our own intentional misconduct or gross negligence, or for death or personal injury caused by our negligence; for consumers in Korea it is read subject to Article 7 of the Act on the Regulation of Terms and Conditions; and it does not limit the safety tools that apply to every call.

14.6Seats and the Semester Pass

A seat gives one verified student of a class Exchange access for that class’s term: up to 2 conversations a week with students, their Twin, and the reports they choose to send. The Semester Pass gives the same to a student who buys it for themselves, for 15 weeks from the moment it is bought. A seat costs $149.99 (₩221,900), the same for any number of seats, with at least 10 in an order; the pass costs $149.99 (₩221,900). There is no student discount. Won prices include VAT.

• How long they run. A pass runs 15 weeks from the moment it is bought. A seat ends at the end of its class’s term (the university’s calendar, or the pilot’s own) plus 7 days. Neither renews or is charged again.
• A seat belongs to the class, not to the student or the buyer. A class code gives seats to verified students of that class’s university, in the order they join, up to the seats bought. A seat cannot be sold, transferred or exchanged for money, and a code may not be resold.
• One pass at a time, never beside a seat. A student whose pass is still running when their class gets seats keeps the pass and does not take a seat: the seat stays with the class for another student, and the student takes a free seat, if one is left, when the pass ends. Nothing is refunded.

14.7Buying seats: cards, quotes and invoices

Card purchases — the pass, and seats paid by card — are sold to you through Link under Section 12.3; Link sends the receipt and an invoice, and a seat order’s receipt from us names the purchase-order number given. A quote is an offer valid for 30 days. An invoice made from a quote is a sale by Abyssinia Homes LLC (trading as TwinTalk) directly to the buyer, in US dollars, due 30 days from its date, payable by card or bank transfer, with the buyer’s purchase-order number on it if one is given. A buyer who claims a tax exemption must give us a valid exemption certificate.

Seats bought by card start when the payment succeeds; seats on an invoice start when it is paid, or at once where the buyer is verified faculty and the order is within the limit the order form shows. If an invoice is unpaid after it falls due, we send reminders and may pause the order’s seats until it is paid; the amount remains owed.

A person who buys for a university, a department or another organisation confirms that they are authorised to do so on its behalf, and that organisation is the buyer. We do not receive rosters, grades or any student record from a buyer, and a buyer sees counts, not students.

These Terms govern every order. Terms printed on or referred to by a buyer’s purchase order, vendor registration or other document do not apply and do not change these Terms, even if we accept the order or receive the document, unless we sign a written agreement with that buyer that says otherwise.

14.8No refunds, and seats end with the term

• No refunds. Seats and passes are not refunded, for any buyer and any number of seats (Section 13.2). An invoice remains payable in full once issued, even if some of its seats are never used.
• Seats end with the term. A seat is for one class’s term. Seats not used by the end of that term expire with it: they do not move to a later term or another buyer, and they are not refunded. Before the term ends, a buyer may move unused seats to another class at the same school for the same term. Buy for the class’s expected enrolment.

This does not limit the rights in Section 13.3 where the law gives them to the buyer, or a refund we give where we end the Exchange or your access to it other than for your breach of these Terms, which covers the unused part.

14.9Classes, grades and the class summary

The Exchange may never be a paid requirement for a grade. A professor may recommend it, and may count it as optional practice, but a student who does not join, or does not pay, must be offered a free alternative of equal value. We do not connect to any school system, and we never receive or send grades, rosters or student records.

A professor sees a student’s speaking only when that student sends them a report, or as a class summary: figures about the students of a class who chose to be counted, shown only when at least 5 of them have data for a figure, rounded, with no names, quotes or rows about one student. A professor never learns which students are counted. A student may stop being counted at any time, from the next summary on.

Faculty may share a class code and the class kit only through their own channels. They must not use the Exchange to contact students outside it, or ask students for their account details.

14.10Universities are not our partners unless we say so

Naming a university, a city or a school’s students on our pages or in the Exchange describes where our members study. It does not mean that the university is affiliated with TwinTalk, endorses it, or is responsible for it, and its names and marks belong to it. A professor’s or department’s use of the Exchange is their own and does not make the university a party to these Terms, unless the university itself is the buyer of seats.

14.11Certificates

A TwinTalk certificate states facts we hold about your participation — for example, the term, the number of conversations and the Twin level reached — and can be checked on its verification page. It is issued by TwinTalk, not by any university, and names TwinTalk as its issuer; it is not academic credit, a qualification or an accreditation, and it does not certify language ability. We may revoke a certificate obtained by a false attestation or other breach of these Terms; its verification page then says so.

Questions about this section: contact@twintalk.app.

17.1Notice of claimed infringement

If you believe material on the Services infringes your copyright, send a notice to our designated agent containing the elements that section 512(c)(3) of title 17 of the United States Code requires:

1. your physical or electronic signature;
2. identification of the copyrighted work claimed to have been infringed;
3. identification of the material claimed to be infringing, with information reasonably sufficient to permit us to locate it;
4. information reasonably sufficient to permit us to contact you, including an address, telephone number and email address;
5. a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent or the law; and
6. a statement that the information in the notice is accurate and that, under penalty of perjury, you are the owner of the right claimed to be infringed or are authorised to act on the owner’s behalf.

Designated agent

Copyright Agent, Abyssinia Homes LLC

Address

306 W. Redwood Street, Suite 202, Baltimore, Maryland 21201, United States

Email

contact@twintalk.app

A notice that does not substantially comply with those requirements may not be effective. Section 512(f) imposes liability for damages, including costs and legal fees, on a person who knowingly materially misrepresents that material is infringing.

17.2Counter-notice and repeat infringers

If your material was removed and you believe it was removed in error or misidentification, you may send a counter-notice containing the elements that section 512(g)(3) requires, to the same agent. We will forward it to the complainant and may restore the material in not less than ten and not more than fourteen business days unless the complainant notifies us that it has filed an action seeking to restrain the activity.

We maintain and enforce a policy of terminating the accounts of repeat infringers in appropriate circumstances. Outside the United States, we act on notices given under the applicable law of the relevant jurisdiction, including Articles 103 and 133-2 of the Copyright Act of the Republic of Korea and Articles 16 and 17 of Regulation (EU) 2022/2065.

19.1Term

These Terms take effect when you first accept them and continue until terminated by you or by us.

19.2Termination by you

You may terminate these Terms at any time by ceasing to use the Services and closing your account. Closing an account does not by itself cancel a Subscription bought through an application store; see Section 15.

19.3Suspension and termination by us

We may suspend or terminate your access to the Services, or terminate these Terms, at any time, with or without cause and with or without notice, including where we reasonably believe that you have breached these Terms, that your use creates a risk or a possible legal exposure for us or for another User, that your account has been inactive for an extended period, that we are required to do so by law, or that providing the Services to you is no longer commercially viable.

Where the termination is for a reason other than your breach of these Terms, and where you hold a prepaid Subscription, we will refund the unused portion of it. Where the termination is for your breach, no refund is due except as Section 13.3 requires.

We may also discontinue the Services in whole or in part. Where we discontinue them entirely we will give such notice as is reasonably practicable and will refund the unused portion of any prepaid Subscription.

19.4Effect of termination

On termination your licence at Section 7.1 ends immediately, your access to the Services and to your User Content within them ceases, and we may delete your account and its contents subject to the retention periods in the Privacy Policy. You should export anything you wish to keep before you close your account. We are not obliged to retain, return or provide a copy of User Content after termination except as Applicable Data Protection Law requires.

The provisions listed at Section 33 survive termination.

21.1Excluded categories of loss

21.2Aggregate cap

The cap is aggregate and not per claim. Multiple Claims do not enlarge it, and the existence of more than one Claim does not increase it. It applies to every Covered Party collectively, so that recovery against one reduces what is available against all.

21.3Allocation of risk

The exclusions and the cap in this section apply even if a limited remedy fails of its essential purpose, and they survive any termination of these Terms. You acknowledge that they are an essential basis of the bargain between us, that the price of the Services reflects the allocation of risk they effect, and that without them the Services would be offered on materially different terms or not at all.

Where the Services are provided to you at no charge, and the greater of the two amounts at Section 21.2 is therefore the sum of one hundred United States dollars, that sum is the whole of the liability of all Covered Parties to you.

21.4What this section does not limit

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited. In particular, nothing in these Terms excludes or limits liability for:

1. death or personal injury caused by negligence;
2. fraud or fraudulent misrepresentation;
3. wilful misconduct, or gross negligence where the applicable law does not permit its exclusion;
4. a breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, where those Acts apply;
5. any liability under Article 39 or Article 39-2 of the PIPA, or under Article 82 of the GDPR, that the applicable statute does not permit to be limited by agreement; or
6. any other liability that Consumer Law applicable to you provides may not be excluded or restricted.

Consumers in the European Economic Area, the United Kingdom and Switzerland. Where you contract as a consumer, our liability for a breach of a material contractual obligation is not excluded, and we are liable for foreseeable loss caused by our breach. The exclusions and cap above apply only to the extent that the law applicable to you permits them, and the remainder of this section is read subject to that law.

Consumers in the Republic of Korea. Article 6 of the Act on the Regulation of Terms and Conditions renders void a provision that unreasonably disadvantages a customer, and Article 7 renders void a provision that wholly excludes a business’s liability for intention or gross negligence. This section is to be read as excluding and limiting liability only to the extent that those Articles permit.

23.1Informal resolution first

Before commencing any arbitration or proceeding, the party raising a Claim must send the other a written notice of dispute. Your notice must be sent to contact@twintalk.app and by post to 306 W. Redwood Street, Suite 202, Baltimore, Maryland 21201, United States; ours will be sent to the email address on your account. The notice must state the name of the person bringing the Claim, the account it concerns, the facts giving rise to it, the relief sought and the amount claimed, and must be signed by the person bringing it or by their authorised representative.

The parties must then attempt in good faith to resolve the Claim, including by an individualised telephone or video conference if either party asks for one, for 60 days from the date the notice is received. Compliance with this clause is a condition precedent to commencing arbitration or any proceeding, the period is suspended while compliance is pending, and a court or arbitrator may enjoin the filing or prosecution of a Claim brought without it. A demand filed without a compliant notice may not be counted towards any arbitration fee threshold and may be dismissed.

23.2Agreement to arbitrate

If a Claim is not resolved under Section 23.1, you and we agree that it will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules in force when the demand is filed, and not in a court and not before a jury. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and evidences a transaction involving interstate and international commerce.

The arbitrator, and not a court, has exclusive authority to resolve every dispute relating to the interpretation, applicability, enforceability, unconscionability, arbitrability or formation of these Terms, including any claim that all or part of them is void or voidable — except that a court of competent jurisdiction has exclusive authority to decide the enforceability of Section 23.3 and any dispute as to the meaning of Section 23.8.

The arbitration will be conducted in the English language. Unless the parties agree otherwise, a Claim seeking US$25,000 or less will be resolved on the documents alone or by telephone or video conference, and a Claim seeking more may be heard in person in the county in Maryland in which we maintain our principal place of business, or by video conference, or at such other place as the parties agree or the arbitrator directs having regard to your convenience and expense. Administrative and arbitrator fees will be allocated as the Consumer Arbitration Rules provide, and we will pay any portion of the filing fee that exceeds the cost of commencing an equivalent action in court where the rules require or permit us to do so.

The arbitrator may award any individual relief that a court could award under applicable law, including declaratory and injunctive relief, but only to the extent necessary to provide relief warranted by that party’s individual Claim. The arbitrator’s award is final and binding, must be in writing and must state the essential findings and conclusions on which it is based, and judgment on it may be entered in any court of competent jurisdiction. The arbitrator’s decision has no preclusive effect on any issue or claim in any other arbitration or proceeding.

23.3Class action and jury trial waiver

Nothing in this clause prevents you from participating in a class-wide settlement, or from seeking public injunctive relief where the law of your jurisdiction confers a non-waivable right to seek it, in which case that claim alone may be brought in a court of competent jurisdiction and everything else remains in arbitration.

23.4Coordinated and mass filings

If 25 or more demands for arbitration raising substantially similar Claims are filed against us by or with the assistance or coordination of the same law firm or organisation within a period of 90 days, the following procedure applies and displaces any inconsistent provision of the administrator’s rules.

1. The demands will be grouped into batches of no more than 50 claimants each, in alphabetical order of claimant surname, plus a final batch of the remainder.
2. Each batch will be treated as a single arbitration with a single arbitrator appointed by the administrator, a single set of administrative and arbitrator fees, and a single procedural calendar.
3. The parties will cooperate in good faith with the administrator to implement the batching, including the appointment of a single process arbitrator to resolve threshold disputes common to a batch.
4. No batch may proceed until the batch preceding it has been resolved, unless the parties agree otherwise.
5. The limitation period applicable to every Claim in every batch is tolled from the date the first demand in the group is filed until that Claim’s batch is resolved.

If a court determines that this clause is unenforceable as to a group of demands, those demands may be brought only in a court of competent jurisdiction under Section 25, and Section 23.3 continues to apply to them.

23.5What is not arbitrated

Notwithstanding Section 23.2:

1. either party may bring an individual Claim in a small-claims court of competent jurisdiction, so long as it remains in that court and is brought on an individual basis;
2. either party may seek interim, provisional or injunctive relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a copyright, trade mark, trade secret, patent or other intellectual property right, or the unauthorised access to or use of the Services, without first complying with Section 23.1;
3. either party may apply to a court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, correct, vacate or enforce an award; and
4. a Claim that the law applicable to you provides may not be submitted to arbitration is excluded from this section and is governed by Section 25.

23.6Your right to reject arbitration

You may reject this agreement to arbitrate. To do so, send us written notice within 30 days of the date on which you first accepted these Terms — or, where these Terms are amended to introduce or materially change this section, within 30 days of the date the amendment takes effect. The notice must state your name, the email address on your account and an unambiguous statement that you decline to arbitrate, and must be sent to contact@twintalk.app or by post to 306 W. Redwood Street, Suite 202, Baltimore, Maryland 21201, United States.

A valid rejection is effective only as to you and only as to Section 23.2 and Section 23.4; every other provision of these Terms continues to apply, including Section 23.3, Section 24 and Section 25. Rejecting arbitration will not affect your account, your Subscription or the Services available to you in any way, and we will not retaliate against you for doing so.

23.7Consumers whose law does not permit this section

If you contract as a consumer and the law of your habitual residence does not permit a pre-dispute agreement to arbitrate, a waiver of class proceedings, or a waiver of your right to bring proceedings in the courts of your own domicile, then Section 23.2, Section 23.4 and Section 23.3 do not apply to you, and you may bring proceedings in the courts of your habitual residence or in the courts of Maryland at your option. We may bring proceedings against you only in the courts of your habitual residence.

This clause is intended to preserve, and not to displace, the protection given to consumers by Articles 17 to 19 of Regulation (EU) No 1215/2012, by Article 6(2) of Regulation (EC) No 593/2008, by the Consumer Rights Act 2015 and the Consumer Protection (Amendment) Regulations in the United Kingdom, by Articles 6 and 14 of the Act on the Regulation of Terms and Conditions and Article 20 of the Act on Consumer Protection in Electronic Commerce of the Republic of Korea, and by any comparable Consumer Law.

Users in the Republic of Korea may also, at their option and without prejudice to any other right, refer a dispute to the Korea Consumer Agency (한국소비자원) or to the Consumer Dispute Settlement Commission (소비자분쟁조정위원회), or apply to the Korea Communications Commission or the Electronic Commerce Mediation Committee, and nothing in these Terms requires a Korean consumer to arbitrate in preference to those remedies.

23.8Severability of this section

If any part of this section is found unenforceable, that part is severed and the remainder continues in effect — except that if Section 23.3 is found unenforceable as to a particular Claim or a particular form of relief, then that Claim or that form of relief is severed from the arbitration and must be brought in a court of competent jurisdiction under Section 25, and every other Claim and form of relief remains in arbitration. If the prohibition on class arbitration is found unenforceable as a whole, then Section 23.2 is void in its entirety and all Claims are to be brought in court under Section 25, because the parties have not agreed to arbitrate on a class basis and no such agreement is to be inferred.

This section survives the termination of these Terms and the closure of your account.

32.1Severability and reformation

If any provision of these Terms is held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction, that provision is to be reformed and construed, to the greatest extent permitted, so as to give effect to the parties’ intention as expressed in it, and only if it cannot be so reformed is it to be severed. In either case the remaining provisions continue in full force and effect and the invalidity of a provision in one jurisdiction does not affect its validity in another.

In particular, if a limitation, exclusion, disclaimer, release or indemnity in these Terms is held broader than the applicable law permits, it is to be given effect to the fullest extent that law does permit, and is not to be struck down in its entirety where a narrower construction is available. Section 23.8 governs the severability of Section 23.

32.2Mandatory law prevails

Nothing in these Terms operates to exclude, restrict or modify the application of any Consumer Law, the exercise of any right or remedy conferred by it, or any liability under it, where to do so would be unlawful. Every provision of these Terms is to be read as subject to that qualification, and a provision that would otherwise be void by reason of it applies to the maximum extent the applicable law permits and not further.

32.3No waiver

No failure or delay by a party in exercising a right or remedy under these Terms is a waiver of it, and no single or partial exercise of a right or remedy precludes any further exercise of it or of any other. A waiver is effective only if given in writing and signed by the waiving party, and a waiver on one occasion is not a waiver on any other.

32.4No agency

These Terms create no partnership, joint venture, agency, employment, franchise or fiduciary relationship between you and any Covered Party. Neither party has authority to bind the other or to incur an obligation on the other’s behalf.

32.5Entire agreement

These Terms, together with the Privacy Policy and any additional terms incorporated by reference under Section 1.1, constitute the entire agreement between you and us in respect of the Services and supersede every prior or contemporaneous agreement, understanding, representation, proposal, advertisement, statement and communication, whether written or oral, in respect of the same subject matter.

You acknowledge that you have not relied on any statement, representation, assurance or warranty that is not set out in these Terms. Nothing in this clause limits or excludes liability for fraud or fraudulent misrepresentation, or any liability that Consumer Law provides may not be excluded.

32.6Construction and headings

Headings and the numbering of sections are for convenience only and do not affect construction. These Terms are not to be construed against a party on the ground that it drafted them, and any rule of construction to that effect is waived. A reference to a section is a reference to a section of these Terms unless otherwise stated.

32.7Language

These Terms are drafted in the English language. Any translation is provided for convenience only, and in the event of any inconsistency between the English text and a translation, the English text governs — except where Consumer Law applicable to you requires that the version in the language of your jurisdiction prevail, in which case it does. The parties have required that these Terms and every related document be drawn up in English.