1. Introduction

Welcome and thank you for using Twiddl (operated by Twiddl FZCO and its affiliates, collectively, “Twiddl Group”). By clicking on the Sign Up or Sign In button, or by otherwise using Twiddl Group’s mobile applications, websites (i.e.www.twiddl.app), networks, or other services provided by Twiddl Group (collectively, the “Services”), or accessing any content provided by Twiddl Group through the Services, you agree to be bound by the following terms of use, as updated from time to time (“Terms of Use”).

These Terms of Use constitute a legally binding agreement between you and Twiddl Group and are effective as of 1 st January 2021 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the “Sign Up” button when registering a Twiddl private or business account and by otherwise accessing Twiddl, including posting an ad; or as otherwise indicated on Twiddl.

2. Using Twiddl

As a condition of your use of Twiddl, you agree that you will not:

• violate any laws.
• violate the policies.
• post any threatening, abusive, defamatory, obscene or indecent material.
• post or otherwise communicate any false or misleading material or message of any kind.
• infringe any third-party right.
• distribute spam, chain letters, or promote pyramid schemes.
• distribute viruses or any other technologies that may harm Twiddl or the interests or property of Twiddl users.
• impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Twiddl.
• copy, modify, or distribute any other person’s content without their consent.
• use any robot spider, scraper or other automated means to access Twiddl and collect content for any purpose without our express written permission.
• harvest or otherwise collect information about others, including email addresses, phone numbers, without their consent.
• copy, modify or distribute rights or content from Twiddl or Twiddl’s copyrights and trademarks.
• bypass measures used to prevent or restrict access to Twiddl.
• use any tool that interferes with the normal functioning of Twiddl, including, without limitation, any software’s or plug-ins which are designed to supplement, remove or otherwise change any of Twiddl functionalities, or
• sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
• You are solely responsible for all information that you submit to Twiddl and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms.

We also reserve the right at our discretion to either restrict a user’s usage of Twiddl temporarily or permanently, or refuse a user’s registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on Twiddl, we may at our discretion, inform other Twiddl users that have been in contact by you and recommend that they exercise caution.

3. Abusing Twiddl

Twiddl and the Twiddl community work together to keep Twiddl working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Twiddl, if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Twiddl employees or other users).

However, whether we decide to take any of these steps, remove hosted content or keep a user off Twiddl or not, we do not have any obligation to monitor the information transmitted or stored on Twiddl and we do not accept any liability for unauthorized or unlawful content on Twiddl or use of Twiddl by users.

4. Global Marketplace

Some of Twiddl’ features may display your ad on other sites, services, applications or tools (together a “Platform”) that are part of the global community (for example, on Platforms in other countries), or on third party Platforms, including social media channels. By using Twiddl, you agree that your ads can be displayed on these other Platforms and media channels.

The terms for our other Platforms are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When your ad is posted on another Platform, you may be responsible for ensuring that it does not violate such other Platform’s policies. We may remove your ad if it is reported on Twiddl or any third party Platform, or if we believe it causes problems or violates any law or policy.

5. Fees and Services

Using Twiddl is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you will be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Dirhams (AED), and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on Twiddl. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the Twiddl fees when they are due. If you do not, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from Twiddl in case we believe these Terms of Use are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund Twiddl users for any fees paid through use of Twiddl in the following cases: If you breach, in our opinion, these Terms of Use, which include, without limitation, the Policies,

• If your ads went live with exposure on the Twiddl’s mobile application, services, website or tools, even for a limited time, and that they benefited from the service associated with the paid fee.
• If your ads are placed in the Pets or Massage categories of Twiddl.
• If your ads are placed into “edit” mode and will go live on the application once updated by you.
• If you have removed your ads yourself.
• If you post duplicate ads as defined in our rules regarding duplicate ads.
• If we believe that your ads are in a significantly wrong category.
• Please note that the above list is not exhaustive.

6. Content

Twiddl contains content from us, the global community (including our applications in other countries and any other Platforms that are within the group), you, and other users. Twiddl is protected by copyright laws and international treaties. Content displayed on or via Twiddl is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions.

You agree not to copy, distribute or modify content from Twiddl without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Twiddl. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Twiddl (other than your own content).

When you give us content, you grant us and represent that you have the right to grant us, a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels.

In particular, by giving us content, you grant us the right to display such content on Platforms that are part of the global community, such as our mobile application in other countries, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other Platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

Twiddl may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Twiddl ad while your ad is on Twiddl. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads). This permission is subject to modification or revocation at any time at Twiddl’ sole discretion.

You may not have the opportunity to review all of the supplemental data before posting an ad. Twiddl is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all Twiddl policies. If you notice inaccuracies in this data after your ad appears on the application, please get in touch with us.

7. Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Twiddl by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement that may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Twiddl.

8. Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Twiddl comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our application, sites, services or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Twiddl, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to liability, and (b) 100 AED.

9. Release

If you have a dispute with one or more Twiddl users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

10. Third party rights

A person who is not a party to this Agreement has no right under the Contracts to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

11. Data Protection and Privacy

By using Twiddl, you agree to the collection, transfer, storage and use of your personal information by Twiddl on servers located in the Middle East, Netherlands, United States and China. You and Twiddl shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will Twiddl and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controllerto-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

You shall comply with your obligations under applicable local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Twiddl exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).

Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.

12. Resolution of disputes

If a dispute arises between you and Twiddl, we strongly encourage you to first contact us directly to seek a resolution by contacting us via the Contact Us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

13. General

These terms and the other policies posted on Twiddl constitute the entire agreement between Twiddl and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of United Arab Emirates. You agree that any claim or dispute you may have against Twiddl Group must be resolved by the Dubai Courts. You and Twiddl both agree to submit to the non-exclusive jurisdiction of the Dubai Courts.

If we do not enforce any particular provision, we are not waiving our right to do so later. If a court strikes Twiddl – Terms of Use v.1 down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Twiddl website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by Twiddl.

14. Mobile Devices Terms

If you’re using a Twiddl Mobile Application (the “Application”), the following terms and conditions (“Terms of Use”) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

a. Application Use

Twiddl grants you the right to use the Application only for your personal use via the Private Account and business use via the Business Account. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.Twiddl.app website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

b. Intellectual Property – Applications

Twiddl owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Twiddl’ copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Twiddl Application.

c. Prohibited Countries Policy and Foreign Trade Regulation – Applications

Twiddl Applications or their underlying technology may not be downloaded to or exported or reexported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using the Twiddl Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties).

d. Additional Terms

Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

14.1. iOS – Apple

• These Terms of Use are an agreement between you and Twiddl, and not with Apple. Apple is not responsible for the Application and the content thereof.
• Twiddl grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
• Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
• Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to:
  • product liability claims
  • any claim that the Application fails to conform to any applicable legal or regulatory requirement, and
  • claims arising under consumer protection or similar legislation.
• In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
• Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

14.2. Windows – Microsoft

• These Terms of Use are an agreement between you and Twiddl, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application.
• You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
• Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
• Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
• You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Twiddl – Terms of Use v.1 Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.
• To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special,indirect, or incidental damages from any Disclaiming Distributor.