Terms of Service

Last Updated: December 19, 2025

Effective Date: December 19, 2025

Agreement to Terms

By accessing or using Twasell, LLC ("Twasell," "we," "us," or "our") services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our services.

Description of Service

Twasell provides a customer loyalty and visit tracking platform that enables businesses to:

  • Track customer visits and build loyalty programs
  • Communicate with customers via SMS text messages
  • Manage customer data and visit history
  • Process loyalty rewards and promotions

Business Accounts

Businesses using Twasell agree to:

  • Provide accurate and complete registration information
  • Maintain the security of their account credentials
  • Be responsible for all activity under their account
  • Comply with all applicable laws and regulations, including SMS marketing laws
  • Obtain proper consent before collecting customer information or sending SMS messages
  • Pay all applicable fees in a timely manner

Customer SMS Communications

When you provide your phone number to a business using Twasell:

  • You may choose to opt in to receive SMS messages from that business
  • Consent to receive SMS messages is entirely optional
  • Message frequency varies based on your interaction with the business
  • Standard message and data rates may apply
  • You can opt out at any time by replying STOP to any message
  • You can get help by replying HELP to any message

Acceptable Use

You agree not to:

  • Use the service for any unlawful purpose or in violation of these Terms
  • Send spam, unsolicited messages, or messages to customers who have not opted in
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the service or servers
  • Use automated systems to access the service without our permission
  • Violate any applicable laws, including TCPA, CTIA guidelines, or carrier regulations

Fees and Payment

Business accounts are subject to subscription fees and usage-based charges:

  • Monthly subscription fees are charged in advance
  • SMS message fees are charged based on usage
  • All fees are non-refundable unless otherwise stated
  • We may change our fees with 30 days' notice
  • Failure to pay may result in service suspension or termination

Intellectual Property

Twasell and its content, features, and functionality are owned by Twasell, LLC and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express permission.

Data and Privacy

Your use of Twasell is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Businesses are responsible for complying with all applicable privacy laws regarding customer data they collect through Twasell.

Service Availability

We strive to provide reliable service but do not guarantee uninterrupted access. We may modify, suspend, or discontinue any part of the service at any time. We are not liable for any service interruptions or data loss.

Termination

We may terminate or suspend your account at any time for violation of these Terms or for any other reason at our discretion. You may cancel your account at any time. Upon termination, your right to use the service immediately ceases.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TWASELL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Indemnification

You agree to indemnify and hold harmless Twasell, LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the service or violation of these Terms.

Changes to Terms

We may modify these Terms at any time. We will notify business account holders of significant changes via email or through the service. Your continued use of the service after changes constitutes acceptance of the modified Terms.

Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts located in Delaware.

Contact Information

If you have questions about these Terms, please contact us:

Twasell, LLC
Website: www.twasell.com
Email: support@twasell.com

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Twasell regarding the service and supersede all prior agreements and understandings.