TERMS OF SERVICE
Version: v2026-01-24
Effective from February 1, 2026
Welcome to Lyona!
This page sets out the terms and conditions governing your use of the Lyona mobile application and the Lyona website (together, the “Services” or “Lyona”). The Services include all features, functions, and communications provided by or in connection with the mobile application and website.
Please read our Privacy Notice which describes how we collect and use personal information.
1 Agreement
By registering for an account or otherwise accessing, visiting, and/or using our Services, you (“User”) are agreeing to abide by all of the terms and conditions of these Terms of Service (“Terms”) INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. These Terms are a binding agreement between you and Your Twin, LLC (“We”, “Us”) and they include Use of Our Services Policy, Subscriptions and Payments and provisions governing of dispute resolution through Arbitration Agreement. If you do not AGREE WITH these TERMS, you must immediately stop using the Services.
If you are entering into this TERMS, you represent and warrant that you: (i) are of legal age to form a binding contract; (ii) have the right, authority, and capacity to agree to and abide by this TERMS; and (iii) are not a person barred from using the Services under the laws of any applicable jurisdiction.
THE SERVICES ARE NOT INTENDED FOR USERS UNDER THE AGE OF 18, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL INFORMATION OR USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.
Change of Terms. We may update these Terms from time to time. Any changes will be effective when posted and according to the Effective Date located at the top of this document, except as set out in Section 16 regarding the Arbitration Agreement. If the changes are material, we will provide reasonable notice as required by applicable law by sending an email to the email address associated with your account at the time of notice, and/or by providing an in-app notification through the Services. Such notice will be provided within a reasonable period of time prior to the effective date of the changes, which, unless otherwise required by applicable law, will generally be no less than thirty (30) days.
Continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.
2 What is Lyona
Lyona is a software application based on a text and voice/video-based Chatbot for digital coaching and health related information powered by Large Language Models (“LLMs”) provided by our third-party providers and adjusted for the intended use – see Use of Our Services Policy - with additional capabilities, tools and functionalities. LLMs are a type of artificial intelligence (“AI”) system designed to understand, generate, and reason with human language.
3 Who may use the services
You may use the Services only if you are able to form a binding contract with us and are not barred from receiving the Services under applicable law.
If we have previously suspended or prohibited you from accessing or using the Services, you may not access or use the Services.
Minimum age. You must be at least 18 years old, or the minimum age required to consent to use the Services in your jurisdiction, whichever is higher. We do not independently verify the age of users. By using the Services, you represent and warrant that you meet the applicable minimum age requirement and are legally permitted to use the Services in your jurisdiction.
If we become aware or have reason to believe that a user is under the age of 18 (or the minimum age required to consent to use the Services in the user’s jurisdiction), we may, in our sole discretion and without prior notice, suspend or terminate that user’s access to the Services and delete or anonymize any personal data associated with such Account, as required by applicable law.
4 Account creation
To access our Services, we may require you to create an account (“Account”). You agree to provide accurate, current, and complete information when creating your Account, including a valid email address that we will use to communicate with you about our Services.
You may not share your Account login information, or Account credentials with anyone else. You also may not make your Account available to anyone else. You are responsible for maintaining the confidentiality of your Account credentials. You are responsible for all activity occurring under your Account, and you agree to notify us immediately if you become aware of any unauthorized access to your Account by sending an email to legal@twin4ever.com.
You may close your Account at any time via Account settings.
5 Use of Our Services Policy
Generally. Subject to your compliance with these Terms, you may access and use the Services for their intended purposes. In using the Services, you must comply with these Terms and any other documentation, guidelines, or policies we make available to you. You are responsible for all activity that occurs under the Account through which you access the Services.
Personal and Non-Commercial Use. The Services are provided solely for use by individual end users for their own personal health and wellness purposes. Although the Services may be offered on a paid basis, they may not be used for any business, professional, or organizational purpose.
You may not use the Services or any Output generated by the Services to provide services to third parties, operate or support a commercial enterprise, promote or advertise goods or services, engage in affiliate marketing, solicitation, or lead generation, or otherwise obtain a commercial advantage.
The Services may not be resold, sub-licensed, shared, or otherwise made available to any third party.
We reserve the right, in our sole discretion, to remove content, suspend or terminate access to the Services, or terminate your Account for violations of this Section, with or without notice.
Intended Use. Lyona is intended to support users in understanding general principles of healthy eating, developing and maintaining healthy eating habits, and making informed food and nutrition choices. The Services may provide guidance on food selection, meal inspiration, and assistance with setting and working toward nutrition-related goals based on publicly available information and user-provided preferences.
Lyona provides general, evidence-based information about foods, nutrients, and balanced eating patterns and may indicate how certain choices align with widely accepted dietary guidelines. All guidance and recommendations are informational and suggestive in nature and are intended to support informed decision-making.
Lyona follows a preventive wellness approach focused on supporting the development and maintenance of sustainable, health-supportive habits.
AI, Health, and Wellness Disclaimer. Lyona is an AI-powered wellness and nutrition support tool provided for general informational and educational purposes only. The Services are not intended to, and do not, provide medical, nutritional, psychological, or mental health advice, diagnosis, treatment, or care, and are not a substitute for professional judgment or services from a licensed healthcare provider.
Use of the Services does not create a physician-patient or other professional relationship. Users should seek guidance from qualified healthcare professionals before making decisions related to their health, nutrition, or mental well-being. If you believe you are experiencing a medical emergency, you should immediately call 911 or seek emergency medical attention.
Lyona relies on artificial intelligence technologies, including large language models (“LLMs”), which have inherent limitations. Information and Output generated by the Services may be inaccurate, incomplete, outdated, misleading, or inappropriate for a user’s specific circumstances. Your Twin, LLC does not guarantee the accuracy, reliability, completeness, or safety of any content generated by the Services.
Lyona cannot reliably assess a user’s medical history, mental health status, eating behaviors, or individual risk factors. As a result, Lyona may fail to recognize when a user is vulnerable to harm or when certain information or suggestions may be distressing, triggering, or clinically inappropriate.
Engagement with nutrition- or wellness-related content, including content provided by Lyona, may present challenges for some individuals, particularly those with a current or prior history of eating disorders, disordered eating behaviors, or body image concerns. Users who find such content distressing or disruptive to their well-being or recovery should carefully consider whether use of the Services is appropriate and are encouraged to seek support from qualified healthcare professionals or specialized services.
Your Twin, LLC makes no representations or warranties regarding specific health outcomes, weight changes, nutritional benefits, or mental health effects resulting from use of the Services. Users remain solely responsible for their food choices, health decisions, and behavior. Use of the Services is at your own risk.
Additional AI-Related Limitations. By using the Services, you acknowledge and agree that:
Output generated by the Services may not be unique, and other users may receive similar or identical responses.
The Services may reflect biases or limitations present in the data used to train the underlying AI systems.
The Services may present limited perspectives and may not reflect a comprehensive range of views on a given topic.
Responses may include simulated expressions of tone, opinion, or intent that do not reflect the actual beliefs or positions of Your Twin, LLC.
The functionality and availability of the Services depend on third-party AI providers, and the Services may be partially or fully unavailable if those systems are degraded or interrupted.
Safeguards designed to maintain the intended scope of the Services may not always perform as intended.
Prohibited Uses. You may not use the Services, any content, or any features made available through the Services in any manner that:
Encourages, promotes, glorifies, instructs, assists with, or provides guidance for self-harm, suicide, or eating disorder–related behaviors, or serves as a source of crisis intervention.
Harasses, threatens, intimidates, abuses, or discriminates against any individual or group, or promotes hatred or violence based on characteristics protected by applicable law.
Involves, depicts, promotes, or facilitates sexual exploitation or abuse of minors.
Exploits, manipulates, or coerces users or third parties, or causes psychological harm.
Attempts to bypass, disable, or evade safeguards, usage restrictions, or content moderation systems.
Violates any applicable local, state, federal, or international law or regulation.
Is intended to develop, train, fine-tune, benchmark, or improve artificial intelligence or machine learning models, or to create or distribute competing products or services.
Reverse engineers, decompiles, disassembles, or attempts to derive the source code, models, or underlying structure of the Services, except where prohibited by law.
Crawls, scrapes, indexes, or harvests data or content from the Services without authorization.
Gains or attempts to gain unauthorized access to systems, data, or accounts, or impersonates any person or entity.
Uses the Services through automated or non-human means without authorization.
Relies on the Services to make medical, nutritional, mental health, or other health-related decisions requiring professional judgment or individualized care.
Engages in conduct that Your Twin, LLC reasonably believes could expose the company, its users, or third parties to legal, regulatory, reputational, or other harm.
Represents or implies that Output generated by the Services was created by a human when it was not.
6 How Lyona works
Generally. You may provide content to the Services, including by submitting photos, videos, text, data, or other information through the Services (collectively, “Inputs”).
Based on your Inputs, the Services may generate responses (collectively, “Outputs”) or perform actions on your behalf, such as system-scheduled events, meal planning, notifications, data synchronization, or interactions with device features or third-party services (collectively, “Actions”).
Actions are provided for convenience only. Actions may be incomplete, interrupted, simulated, limited, delayed, or fail to execute as intended due to technical limitations, user settings, or third-party service dependencies. No Action is guaranteed to occur. Actions are not intended for safety-critical, medical, or time-sensitive use and should not be relied upon where failure, delay or inaccuracy could result in harm, injury or death.
Inputs, Outputs, and Actions are collectively referred to as “Service Interactions”. Please review Use of Our Services Policy for additional use considerations and Service limitations.
Nothing in these Terms obligates Your Twin, LLC to make any particular features or functionalities available to you. Certain features may be offered now, and others may be added, modified, or discontinued in the future at Your Twin, LLC’s discretion.
Rights and Responsibilities. You are solely responsible for all Inputs you submit to the Services and for all Actions initiated through or on your behalf using the Services. You are solely responsible for reviewing, verifying, and determining how you interpret, use, or rely on any Outputs and Actions.
By submitting Inputs to the Services, you represent and warrant that:
You have all rights, licenses, consents, and permissions necessary for Your Twin, LLC to process such Inputs and perform Actions, including to integrate with Third-Party Services, in accordance with these Terms and to provide the Services to you;
Your Inputs and Actions do not violate these Terms, our Use of Our Services Policy, or applicable law;
Any Input identifying an individual aged eighteen (18) or older is submitted with that individual’s consent for the manner presented in the Input.
You will not submit any Input that identifies an individual under the age of eighteen (18).
As between you and Your Twin, LLC, and to the extent permitted by applicable law, you retain all right, title, and interest in the Inputs you submit.
Subject to your compliance with these Terms, Your Twin, LLC assigns to you all of its right, title, and interest, if any, in the Outputs generated for you. Outputs may not be unique, and similar or identical Outputs may be generated for other users. For clarity, any assignment/license to Outputs does not alter the Personal and Non-Commercial Use restrictions in Section 5.
Our assignment above does not extend to other users’ output or any Third-Party Output.
To the extent an Action generate, create, compile, or export content, data, files, or other materials for you (“Action Results”), then as between you and Your Twin, LLC and to the extent permitted by law, we assign the Action Results according to these Terms. For clarity, Your Twin, LLC retains all rights in and to the Services, including the Action functionality, workflows, automations, integrations, and underlying technology used to perform Actions.
Our Use of Service Interactions. We may use Inputs and Outputs to provide, maintain, secure, develop, and improve our Services, comply with applicable law, enforce our Terms and policies, and keep our Services safe, but not to train or fine-tune machine-learning models. See Privacy Notice for how we use your information.
For these purposes, you grant Your Twin, LLC a non-exclusive, royalty-free, fully paid, worldwide license to use, process, store, display, reproduce, save, modify, translate, adapt, create derivative works, perform, and distribute Inputs and Outputs, solely as necessary to operate, support, develop, improve and secure the Services.
This license continues for as long as your Account remains active, and thereafter only to the extent necessary to comply with applicable law or complete lawful business operations. This license may be assigned in connection with a merger, acquisition, reorganization, or sale of all or substantially of Your Twin, LLC’s business or assets.
Feedback. We appreciate your feedback. You agree that we may use, reproduce, modify, and incorporate your feedback into our products and services on a perpetual, irrevocable, worldwide, royalty-free basis, fully paid, without any obligation, restriction, or compensation to you.
Testimonials and User Endorsements. If you voluntarily submit or make available any testimonials, reviews, ratings, success stories, comments, or other statements about your experience with the Services, including through app stores, surveys, or other channels (“User Endorsements”), you grant Your Twin, LLC a non-exclusive, royalty-free, fully paid, irrevocable, worldwide, perpetual, and sub-licensable right to use, reproduce, display, publish, adapt, and distribute such User Endorsements for lawful business, marketing, promotional, or informational purposes, in any media, without compensation.
User Endorsements may be edited for length or clarity, provided that the substance is not materially misleading, and may be attributed to you using non-sensitive identifying information unless you request anonymity or unless prohibited by applicable law. User Endorsements reflect individual experiences and do not guarantee specific results.
Nothing in this section obligates us to use or continue to use any User Endorsement, and this section does not limit any non-waivable rights you may have under applicable law.
Survival The rights and licenses granted under this subsection shall survive any termination of your Account or these Terms.
7 User content and content moderation
User Content refers to the Input provided by you.
User Content is the responsibility of the User who provides it, and Your Twin, LLC does not endorse or assume liability for such content, including content that infringes intellectual property rights or may cause harm to the Services, users, or third parties.
Your Twin, LLC has no obligation to monitor User Content. However, Your Twin, LLC may, in its discretion, modify, remove, or restrict access to any User Content, or to suspend or terminate your access to all or part of the Services, where reasonably necessary to enforce these Terms, comply with law, or address misuse, consistent with the Privacy Policy and applicable law.
Your Twin, LLC may take such actions with or without notice, where permitted by law.
The removal or non-removal of User Content does not constitute endorsement, approval, or verification of such content by Your Twin, LLC.
Copyright complaints. If you believe that your work is being used in connection with the Services in a way that constitutes copyright infringement, you may notify us by providing the following information in writing:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed upon
A description of where the allegedly infringing material is located on our site so we can find it
Your address, telephone number, and e-mail address
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf
Our designated agent to receive notification of claimed infringement can be reached at:
Your Twin, LLC
344 Grove Street #4030
Jersey City, NJ 07303
Email: legal@twin4ever.com
We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate Accounts of repeat infringers, including, where appropriate, after a single infringement.
8 Third-party content, services, and links
Definition of Third-Party Content and Services
“Third-Party Content” means any content, data, information, materials, outputs, results, transactions, or resources that are created, owned, provided, or controlled by third parties, including content made available through Third-Party Services, links, or integrations. Third-Party Content may include content submitted by users that is not created or owned by such users.
“Third-Party Services” means any third-party software, application programming interfaces (APIs), tools, data sources, artificial intelligence technologies and large language models, payment processors, products, websites, or other services that are relied upon by, integrated with, or made available through the Services.
Responsibility and Control. Third-Party Content is the responsibility of the person or entity that creates, owns, or provides such content, including users who submit Third-Party Content through the Services and third parties that make Third-Party Content available through Third-Party Services.
We do not control Third-Party Content or Third-Party Services and are under no obligation to host, store, maintain, or continue to make available any Third-Party Content.
Third-Party Output and Core Functionality. Certain features of the Services, including core functionality, may generate, display, or otherwise provide outputs, content, recommendations, results, or transactions that are produced by, derived from, or dependent on Third-Party Services (“Third-Party Output”).
Third-Party Services and Third-Party Output are subject to their own terms, conditions, policies, technical limitations, and business practices. While we may make Third-Party Services and Third-Party Output available through or in connection with the Services, we do not represent, warrant, or guarantee the availability, accuracy, completeness, legality, security, performance, fitness for a particular purpose, or non-infringement of any Third-Party Services or Third-Party Output.
Data Processing by Third Parties. Third-Party Services may require the transmission or processing of certain user content, inputs, or data by third-party providers in accordance with their applicable terms, policies, and data-processing practices and for purposes related to the provision and operation of such Third-Party Services.
Assumption of Risk and Liability Disclaimer. Your use of Third-Party Services and reliance on Third-Party Content or Third-Party Output is at your own risk and may be subject to the applicable third party’s terms, conditions, and privacy policies.
To the maximum extent permitted by law, we disclaim all responsibility and liability arising from or relating to Third-Party Content, Third-Party Services, and Third-Party Output, including any loss, damage, interruption, error, delay, decision, or transaction resulting from or dependent on such Third-Party Content, Services, or Output.
Third-Party Links and External Resources. The Services may include links or references to websites, content, or resources operated by third parties (“Third-Party Links”). Such links are provided for convenience only and do not constitute an endorsement.
Any access to Third-Party Links occurs outside the Services, is at your own risk, and is subject to the applicable third party’s terms, conditions, and privacy policies. We are not responsible for the availability, accuracy, legality, security, or practices of any Third-Party Links or related content.
Removal and Enforcement. Third-Party Content may appear in user inputs, outputs, or other materials generated, displayed, or made available through the Services. If you encounter Third-Party Content that you believe violates these Terms or applicable law, you may report it to us at legal@twin4ever.com.
If we become aware that any Third-Party Content violates these Terms, infringes intellectual property or related rights, or may cause harm to Your Twin, LLC, our users, or third parties, we reserve the right, but do not assume any obligation, to remove, restrict, or disable access to such Third-Party Content within the scope of our control, using, where appropriate and at our discretion.
9 Software
Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open-source software that is governed by its own licenses that we’ve made available to you.
App Store and Google Play Terms. If you access or download the Services through an application store or distribution platform, such as Apple’s App Store or Google Play (each, an “App Distributor”), your use of the mobile application may also be subject to the App Distributor’s terms and policies. To the extent those terms are more restrictive than, or otherwise conflict with, these Terms, the App Distributor’s terms will govern solely with respect to the App Distributor’s requirements.
Apple App Store Additional Terms. If you download the App from Apple’s App Store, you acknowledge and agree that:
These Terms are an agreement between you and Your Twin, LLC only, and not with Apple. Apple is not responsible for the App or the content and Services provided through the App.
Your Twin, LLC, not Apple, is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required under applicable law. Apple has no obligation to furnish any maintenance or support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
10 Our Intellectual Property Rights
The Services are owned, operated, and provided by us and our affiliates, licensors, distributors, and service providers (collectively “Providers”). We and our Providers retain all of our respective rights, title, and interest, including intellectual property rights, in and to the Services. Other than the rights of access and use expressly granted in our Terms, our Terms do not grant you any right, title, or interest in or to our Services.
11 Subscriptions and Payments
Billing and Automatic Renewal. If you purchase any Services, you must provide complete and accurate billing information, including a valid payment method (“Payment Method”). By purchasing a paid subscription, you authorize us to automatically charge your Payment Method for all applicable subscription fees, together with any applicable taxes, on a recurring basis for each billing period (“Renewal Term”) until you cancel or the Services are terminated according to section 14 of these Terms - Termination.
Your subscription will automatically renew at the end of each Renewal Term unless you cancel in accordance with these Terms. If we are unable to successfully charge your Payment Method, we may suspend or terminate your access to the Services until payment is received.
You agree that we will not be held liable for any errors caused by third-party payment processors used to process fees paid by you to us.
The content, features, services, and duration included in your Subscription will be presented during the order process. We may modify, add, or remove content, features, or services at any time, and we do not guarantee the continued availability of any particular content, feature, or service.
Payments Through App Distributors. If you purchase access to the Services through a third-party distributor, such as an app store (“App Distributor”), your payment will be processed by the App Distributor and governed by the App Distributor’s terms and policies relating to billing, payment methods, cancellations, and refunds. Those terms will apply instead of this Section to the extent of any inconsistency.
We are not responsible or liable for any errors, interruptions, or issues caused by third-party payment processors or App Distributors.
Refund Policy. Except as expressly stated in these Terms or as required by applicable U.S. law, all payments are non-refundable. Please review your order carefully before completing your purchase.
Certain states may provide additional refund or cancellation rights, and nothing in these Terms limits any rights you may have under applicable law.
Changes to Fees. We may change our subscription prices from time to time. If we increase the price of a subscription, we will provide at least thirty (30) days’ advance notice using a reasonable method (such as email or an in-product notice). Any price increase will take effect at the start of your next Renewal Term, and you may cancel your subscription before the increase applies.
Free Trials and Promotions. Your subscription to the Service may begin with a free trial or promotional pricing. Availability of a free trial or promotional pricing is not guaranteed and, if one is available, is only available on the specified terms of the free trial or promotion. Eligibility for free trials or promotions may vary and certain limitations may also exist with respect to combining free trials with any other offers.
Free Trials. If your subscription begins with a free trial, your first payment will be charged to your chosen payment method immediately following the end of the free trial, unless canceled in accordance with the instructions for cancellation below. You can cancel your subscription without being charged at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun, unless required by law in particular instances or jurisdictions.
Promotions. We may also offer, in our sole discretion, promotions (e.g., promotional pricing or bundled add-ons) subject to promotional terms disclosed during your sign-up or in other materials provided to you. We will begin billing the same payment method we otherwise have on file for your subscription at the then-current, non-promotional price after your promotion ends, unless you cancel prior to the end of your promotion or unless otherwise disclosed.
Cancellation. You may cancel your subscription at any time, before the end of the then-current Renewal Term or free trial. Cancellation will stop future billing but will not result in a refund of fees already paid, except where required by applicable law. You can cancel your subscription through self-service in the app.
To avoid renewal charges for the next Renewal Term, you must cancel your subscription at least twenty-four (24) hours before the end of the current Renewal Term. Upon cancellation, you will retain access to the Services until the end of the paid Renewal Term or free trial period.
12 Beta services
Beta Services. From time to time, Your Twin, LLC may make available certain features, products, or services identified as “alpha,” “beta,” “pre-release,” “pilot,” “trial,” “preview,” “experimental,” or similar (collectively, “Beta Services”). Beta Services are provided solely for testing, evaluation, and feedback purposes and are not intended for production use or reliance.
User testing and recordings. By choosing to participate in user testing of Beta Services, you consent to our collection, recording (including audio and video recording, where applicable), use, and analysis of information you provide during such sessions for product development, research, analytics, and business purposes. To the extent permitted by applicable law, you waive any rights of approval or inspection with respect to such recordings.
Risk Acknowledgment. Beta Services are not fully tested and may contain errors, defects, bugs, or inaccuracies, and may be incomplete, unstable, or subject to interruption, delay, or data loss. Your use of the Beta Services is voluntary and at your sole risk. Section 13 (DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION) applies to Beta Services.
No Obligation to Support or Release. We have no obligation to provide maintenance, technical support, updates, upgrades, or fixes for the Beta Services, and we may modify, suspend, or discontinue any Beta Services (in whole or in part) at any time, in our sole discretion, without notice. We make no commitments that any Beta Services, or any features or functionality thereof, will be released as part of a generally available product or service.
Product Roadmap Disclaimer. Any information we provide regarding future products, features, functionality, or roadmaps reflects our current plans only, is provided for informational purposes, and is subject to change at any time without notice. Such information does not constitute a commitment, promise, or obligation, and shall not be deemed incorporated into these Terms or any other agreement.
Data Handling and Retention. Data, content, or information submitted, stored, processed, or generated through Beta Services may be deleted, lost, corrupted, reset, or otherwise become unavailable at any time. We make no representations or warranties regarding data backup, retention, availability, security, or integrity in connection with Beta Services. You are solely responsible for maintaining independent backups of any data you provide or rely upon while using Beta Services.
Feedback. If you provide any suggestions, ideas, feedback, recommendations, or other input relating to the Beta Services (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, and sub-licensable right to use, reproduce, modify, distribute, create derivative works of, and otherwise exploit such Feedback for any purpose, without restriction or compensation. Feedback is non-confidential. You acknowledge that we may develop products or features similar to or competitive with those described in the Feedback.
Ownership of Company-Authored Materials. All summaries, analyses, reports, presentations, insights, plans, recordings, and other materials created or prepared by us, whether alone or in combination with Feedback or other inputs, in connection with Beta Services or user testing (collectively, “Materials”) are and shall remain the exclusive property of Your Twin, LLC. To the extent any rights in such Materials do not automatically vest in Your Twin, LLC, you hereby irrevocably assign all right, title, and interest in and to such Materials to Your Twin, LLC.
Moral Rights Waiver. To the maximum extent permitted by applicable law, you hereby irrevocably waive, and agree not to assert against Your Twin, LLC or its successors, assigns, or licensees, any “moral rights,” “droit moral,” or similar rights you may have in the Feedback or any Materials, including any rights of attribution, integrity, disclosure, or withdrawal. Where such waiver is not permitted by law, you agree to refrain from exercising such rights in a manner that would interfere with Your Twin, LLC’s use, exploitation, or modification of the Feedback or Materials.
Survival. The rights and licenses granted under this subsection shall survive any termination of your Account, these Terms, or your participation in Beta Services or User Testing.
13 Disclaimer of Warranties; Limitation of Liability; Indemnification
Disclaimer of Warranties
YOUR USE OF THE SERVICES AND ANY SERVICE INTERACTIONS IS AT YOUR SOLE RISK. THE SERVICES AND OUTPUTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Your Twin, LLC AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PRIVACY, OR COMPATIBILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, Your Twin, LLC DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES OR YOUR USE OF IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY DEFECTS WILL BE CORRECTED; (D) THE SERVICES, APPLICATIONS, OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULTS, CONTENT, OR DATA OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, PERMANENT, OR COMPLETE.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR DEVICES, INCLUDING YOUR COMPUTER SYSTEMS, OR FOR ANY OTHER LOSS THAT RESULTS FROM SUCH ACCESS OR USE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Your Twin, LLC OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
Disclaimer of Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Your Twin, LLC, ITS PROVIDERS, OR THEIR RESPECTIVE AFFILIATES, INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY,“Your Twin, LLC PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER SIMILAR DAMAGES, ARISING OUT OF OR RELATED TO THE SERVICES, USER CONTENT, OUTPUTS, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ANY Your Twin, LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
Cap on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE Your Twin, LLC PARTIES TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES,USER CONTENT, OUTPUTS, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID TO YOUR TWIN, LLC FOR ACCESS TO OR USE OF THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (US $100).
Basis of the Bargain
FOREGOING LIMITATIONS ARE A FUNDAMENTAL BASIS OF THESE TERMS AND OF THE BARGAIN BETWEEN YOU AND US, AND Your Twin, LLC WOULD NOT OFFER THE SERVICES WITHOUT SUCH LIMITATIONS.
Severability
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW
Indemnification
YOU AGREE TO INDEMNIFY AND DEFEND Your Twin, LLC AND THE OTHER Your Twin, LLC PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO:
YOUR BREACH OR ALLEGED BREACH OF THESE TERMS;
YOUR ACCESS TO OR USE OF THE SERVICES, USER CONTENT, OR OUTPUTS;
YOUR FEEDBACK;
YOUR VIOLATION OF APPLICABLE LAW OR ANY THIRD-PARTY RIGHT; OR
ANY ACTUAL OR ALLEGED FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR CRIMINAL ACT BY YOU.
Jurisdictional Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
Third-Party Beneficiaries; Survival
OUR PROVIDERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION AND MAY ENFORCE SUCH PROVISIONS DIRECTLY.
THE PROVISIONS OF THIS SECTION 13 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR ACCOUNT.
14 Termination
You may stop accessing and using the Services at any time. We may suspend or terminate your access to the Services (including any Subscriptions), or delete your Account, at any time without notice, if we reasonably determine that:
You have violated these Terms or Use of Our Services Policy;
We are required to do so to comply with applicable U.S. law or a valid legal request; or
Your use of the Services creates a risk of harm, liability, or disruption to us, our users, or third parties.
If we terminate your access to the Services due to a violation of these Terms and you have a Subscription, you will not be entitled to any refund.
In addition, if you have a Subscription, we may terminate the Subscription at any time for any other reason. If we exercise this right and you purchased the subscription via our website, we will refund you, on a pro rata basis, the fees you paid for the remaining portion of your Subscription after termination. Any refunds for Subscriptions purchased via an App Distributor are subject to the App Distributor’s terms and not these Terms.
We may also terminate Accounts that have been inactive for more than three (3) months and do not have an active paid subscription. Where reasonably practicable, we will provide advance notice prior to termination.
Upon termination or expiration of these Terms, any Subscription, or your access to the Services, we will delete User Content and other data associated with your Account within a reasonable period, unless we are required to retain such data by law or for a legitimate business purpose. We will not delete any anonymized data.
You acknowledge that you are solely responsible for exporting or backing up your User Content prior to termination, and that we have no obligation to retain such data after termination.
If you believe your Account was suspended or terminated in error, you may submit an appeal by contacting us at email: legal@twin4ever.com. We will review appeals in a reasonable timeframe but are not obligated to reinstate any Account.
15 Discontinuation of Services
We may discontinue or materially modify the Services at any time. If we permanently discontinue a paid Service, we will provide reasonable advance notice and, where applicable, issue a pro-rated refund for prepaid, unused subscription periods, unless otherwise required or permitted by U.S. law.
16 Arbitration Agreement
YOU AND YOUR TWIN, LLC AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
Mandatory arbitration. You and Your Twin, LLC agree to resolve any claims arising out of or relating to these Terms or our Services, whether based in contract, tort or otherwise, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration.
Informal dispute resolution. Before initiating arbitration, the parties agree to use their best efforts to resolve any dispute, claim, or disagreement arising out of or relating to this Agreement (a “Dispute”) through good-faith informal consultation and negotiation, which shall be a mandatory prerequisite and condition precedent to arbitration.
To begin this process, either party must provide the other with written notice of the Dispute (a “Dispute Notification”), sent, as applicable, (i) to the User at the email address associated with the User’s Account on file with Lyona, or (ii) to Your Twin, LLC, at legal@twin4ever.com. The Dispute Notification must be submitted on an individual basis and include, at a minimum, the submitting party’s name and contact information, a description of the Dispute, the specific relief sought, and reasonable documentation evidencing the submitting party’s relationship with Your Twin, LLC.
If the Dispute is not resolved within sixty (60) days after receipt of the Dispute Notification, either party may initiate arbitration. During this period, the parties agree to participate in an individual settlement conference upon request by either party.
Any applicable statute of limitations will be tolled during this informal dispute-resolution process. Failure to participate in this process in good faith may result in an award of fees or costs against the non-compliant party in arbitration.
Arbitration forum. If we are unable to resolve the Dispute through the informal dispute-resolution process, either Party may commence arbitration administered by the American Arbitration Association’s (“AAA”) in accordance with its Consumer Arbitration Rules and Mediation Procedures as modified by this Agreement, which are in effect at the time the Dispute is submitted to the AAA.
You have the right to be represented by counsel in an arbitration.
The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration conducted pursuant to it.
Arbitration procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the place of hearing will be New York City, New York, unless the arbitrator determines that another location is appropriate. The seat of arbitration will be New York.
The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of New York. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of New York County, New York have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below.
Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Awards of the arbitrator will be final and binding and will be enforceable in any court having jurisdiction. Each Party hereby submits to the personal jurisdiction of any court reasonable chosen by the enforcing Party for purposes of enforcement.
Payment of Arbitration Fees and Costs – Responsibility for the payment of arbitration fees (including filing, arbitrator, and hearing fees) will be governed by the AAA rules unless you qualify for a fee waiver under applicable law, in which case you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. Each party shall be responsible for its own attorney fees and costs incurred in such arbitration unless the arbitrator awards sanctions or determines that the substance of the claim, defense, or relief sought is frivolous or brought for an improper purpose, in which case the arbitrator may order you or Lyona to pay the other side’s reasonable attorney fees or costs.
Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.
CLASS AND JURY TRIAL WAIVERS. You and Your Twin, LLC agree that any Dispute will be brought solely on an individual basis, and not as a plaintiff or class member in any purported class, consolidated, collective, or representative proceeding. Class arbitrations, class actions, collective actions, and representative actions are prohibited.
Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims.
This provision does not prevent either party from participating in a class-wide settlement.
To the extent any Dispute is not subject to arbitration, you and Your Twin, LLC knowingly and voluntarily waive any right to a trial by jury in any action, proceeding, or counterclaim to the maximum extent permitted by applicable law.
30-days right to opt-out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section 16 by sending written notice of your decision to opt-out to the following email address legal@twin4ever.com. The notice must be sent within thirty (30) days of when you first registered to use the Services, otherwise you shall be bound to arbitrate disputes in accordance with the Terms of those sections. If you opt out of the Arbitration Agreement, Your Twin, LLC also will not be bound by it.
Changes to the Arbitration Agreement. Your Twin, LLC will provide at least thirty (30) days’ prior notice of any changes that materially affect the substance of this Section 16. Such changes will become effective on the thirtieth (30th) day after notice is provided and will apply only to claims not yet filed, regardless of when such claims may have accrued.
If Your Twin, LLC modifies this Arbitration Agreement Section after the date you first accepted it (or after you accepted any subsequent changes), your continued use of the Services more than thirty (30) days after the effective date of the changes will constitute your acceptance of the revised terms.
If you do not agree to the changes, you may reject them by discontinuing use of the Services before the effective date of the changes.
Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, collective action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.
17 Governing Law and Exclusive Jurisdiction
These Terms will be governed by, construed, and interpreted in accordance with the laws of the State of New York, United States of America without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Subject to Section 16 (Arbitration Agreement) and to the extent permitted by applicable law, all claims arising out of or relating to these Terms and the use of the Services that are not subject to the arbitration according to Section 16 will be brought exclusively in the state courts located in New York County, New York, or the federal courts for the Southern District of New York, United States of America.
Equitable relief. You agree that (a) no adequate remedy exists at law if you breach Section 5 (Use of Our Services Policy); (b) it would be difficult to determine the damages resulting from such breach, and any such breach would cause irreparable harm; and (c) a grant of injunctive relief provides the best remedy for any such breach. You waive any opposition to such injunctive relief, as well as any demand that we prove actual damage or post a bond or other security in connection with such injunctive relief.
We make no representations that the Services are appropriate or available for use outside of the United States. If you access the Services from any other jurisdiction, you do so out of your own volition and you are responsible for compliance with the applicable laws.
18 General Provisions
Effective Date. These Terms are effective as of the date you first access or use the Services and remain in effect for as long as you access or use the Services, unless earlier terminated in accordance with these Terms. Certain provisions will survive termination as provided in these Terms.
Force Majeure. We will not be responsible for any failure or delay in the performance of the Services, or for any unavailability or interruption of the Services, to the extent such failure, delay, or unavailability results from events beyond our reasonable control, including, without limitation, acts of God, natural disasters, pandemics, epidemics, public health emergencies, declared states of emergency, power or internet outages, failures of third-party service providers, labor disputes, governmental actions or orders, or failures of telecommunications networks. Nothing in this section limits any rights you may have under applicable consumer protection laws.
Notice. All notices to Your Twin, LLC including any queries regarding these Terms or the Privacy Notice should be sent to legal@twin4ever.com. We give notice to you at the email address you provide to us when you register or via our Services. Notice will be deemed received and properly served immediately when posted on the Services or when an email is sent.
When you sign-up for the Service, we ask that you provide your current email address. In the event that your email address is not valid, or for any reason is not capable of delivering to you, any email we send to you with notice will nonetheless constitute effective notice.
Choice of language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English. This Agreement, and any contract between us, are only in the English language.
Assignment. These Terms, and any rights and licenses granted under them, may not be transferred or assigned by you, but may be assigned by us without restriction. In those cases, if we assign the Agreement, you are entitled to terminate the Agreement with immediate effect by deactivating your Account. We will provide you with reasonable notice of any such assignment.
Severability. Except as provided in Section 16 (Arbitration Agreement), if any portion of these Terms is held invalid or unenforceable, that portion shall be construed to reflect the original intention of the parties. The remaining portions shall remain in full force and effect.
Export Control. The Services may be subject to U.S. export control and sanctions laws. You may not use, export, re-export, or provide access to the Services, directly or indirectly, in violation of applicable export control or sanctions laws. In particular, the Services may not be accessed from, or provided to, any country or region subject to U.S. embargoes or sanctions, or to any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or other applicable restricted party lists. You represent and warrant that you and anyone accessing or using the Services on your behalf, or using your Account credentials, are not located in any such country or region and are not such a person or entity.
Compliance with Laws and Law Enforcement Requests. We may comply with governmental, court, and law enforcement requests or requirements relating to provision or use of the Services, or to information provided to or collected under our Terms. We reserve the right, at our sole discretion, to report information from or about you, including but not limited to Inputs, Outputs, or Actions to law enforcement.
Use of our brand. You may not, without our prior written permission, use our name, logos, or other trademarks or branding elements in connection with products or services other than the Services, or in any other way that implies our affiliation, endorsement, or sponsorship.
To seek permission, please email us at: legal@twin4ever.com
No waiver. Any delay or failure on our part to enforce a provision of these Terms is not a waiver of our right to enforce them later.
Entire agreement. These Terms and any other terms expressly incorporated by reference form the entire agreement between you and us regarding the subject matter of our Terms.