Terms of Service

Please read these Terms of Service before using the Twine website, applications, or the Twine mobile service provided by Twine (“Twine,” “we,” or the “Company”). By creating an account, activating a Twine line, or otherwise using the Service, you agree to be bound by these terms and the policies referenced in them.

Two things to read before anything else. Section 4 describes how calls on your Twine line are recorded and what that requires of you. Section 20 contains a binding arbitration clause and class action waiver that affects how disputes are resolved.

• “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party. Twine and Phound, Inc. are Affiliates under common control by CarrierX.
• “Twine Line” means the mobile telephone number and associated mobile service provisioned to you, including any eSIM profile installed on your device.
• “Call Content” means the audio of a call placed or received on a Twine Line, and any transcript of that audio.
• “Derived Data” means information Twine generates from Call Content by automated means, including summaries, extracted commitments, suggested follow-up actions, and details such as names, dates and figures mentioned on a call.
• “End User” means any individual who accesses or uses the Service, whether directly or through your account.
• “Connected Service” means a third-party system you authorise Twine to exchange information with, such as a CRM, calendar or email account.

Twine provides a mobile telephone line and an intelligence layer that operates on calls made and received on that line. The Service may include provisioning of a Twine Line on an eSIM, recording and transcription of calls, automated summaries and extracted follow-up actions, in-call assistance, and the exchange of information with Connected Services you authorise.

We may modify the features, availability or pricing of the Service at any time. Where a change materially reduces a feature you are paying for, we will give you reasonable notice.

Beta features

Some features are offered in beta. They are provided as is, may contain errors, and may be modified or withdrawn at any time. We make no commitment that a beta feature will become generally available.

Your Twine Line is a mobile line carried over a major U.S. wireless network. Service depends on that network and on your device, and may be unavailable where coverage is unavailable.

Your Twine Line supports calls to 911. When you call 911, your number and, where it is available to us, your location are provided to emergency services. If you cannot speak or your location cannot be determined automatically, tell the operator where you are.

Calls placed and received on your Twine Line are recorded and processed as a standard part of the Service, not as a feature you enable for a particular call. You can turn recording off for a particular contact, or for all of your calls, in the app.

Recording law differs by jurisdiction. Some require that every participant is notified or consents; others require only one. Where notice is required by a law applicable to a call, the Service plays an audible announcement at the start of that call.

You are responsible for your own compliance with the laws that apply to you and to the people you call, including where you have turned off a feature we make available to you. If your account covers other End Users, you are responsible for their compliance as well.

Call Content is processed by automated systems to produce Derived Data. That processing is described in the Privacy Policy, including who performs it.

Summaries, transcripts, extracted commitments and suggested actions are generated automatically and may be incomplete or wrong. They are not a record of what was said, and they are not professional, legal, financial or medical advice. You should review them before relying on or acting on them, and you remain responsible for anything you do on the basis of them.

You may use the Service only in compliance with these terms and applicable law. You are responsible for all use of the Service under your account.

Business and personal use

The Service is offered for business use and for personal use. Where you use the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these terms, and the obligations in Section 4 apply to every End User on your account.

Prohibited uses

You will not, and will not permit anyone else to:

• use the Service in violation of any law, including any law governing the recording or interception of communications;
• intercept or monitor communications you are not a party to;
• send unsolicited bulk communications, or engage in phishing or impersonation;
• transmit content that is unlawful, harassing, defamatory, abusive or obscene;
• infringe the intellectual property or privacy rights of any person;
• attempt to disrupt or compromise the integrity or performance of the Service;
• resell, rent or otherwise commercially redistribute the Service without our written agreement;
• reverse engineer, decompile or disassemble any part of the Service, except to the extent applicable law permits despite this restriction.

Your equipment

You are responsible for a compatible, unlocked device and for any data or connectivity charges from other providers.

If you allow others to use the Service through your account, you are responsible for their compliance with these terms, and any violation by an End User is treated as a violation by you. Where you arm recording on a line used by an employee or contractor, you are responsible for any notice or consent that person is owed under employment or privacy law in their jurisdiction.

We maintain reasonable physical, electronic and procedural safeguards intended to protect Call Content and Derived Data against unauthorised access or disclosure. No method of storage or transmission is completely secure and we cannot guarantee absolute security.

We will access, view or disclose Call Content only:

• as necessary to provide and support the Service;
• as authorised or directed by you;
• as required to comply with law, regulation or enforceable legal process; or
• as otherwise permitted by the Privacy Policy.

We will notify you of any unauthorised access to or disclosure of your stored Content to the extent notification is required by law and feasible.

If you authorise a Connected Service, you instruct us to exchange information with it, which may include Call Content and Derived Data. Once written into a Connected Service, that information is held by that provider under your agreement with them and governed by their terms, not by ours. You are responsible for confirming that you are permitted to place call information into that system.

If you give us feedback, suggestions or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, sublicensable, royalty-free licence to use them for any purpose without obligation to you. Please do not send feedback if you expect compensation or wish to retain rights in it.

You must be at least 18 years old and able to enter into a binding contract. The Service is not intended for anyone under 18, and we do not knowingly provide it to them. If we learn that an account holder is under 18 we may terminate the account.

You authorise us, or our payment processor, to charge your payment method for all fees due, which may include one-time charges, recurring subscription fees, usage charges, taxes and any regulatory or carrier fees we are required to pass through. Fees are in U.S. dollars unless stated otherwise.

Price changes

We may change pricing. Where we increase the price of a service you subscribe to, we will give you reasonable prior notice and the change takes effect at your next billing cycle. If you do not accept it you may cancel before it applies.

Failed payments

If we cannot collect a payment when due we may retry, contact you, or bill another payment method on file. Overdue amounts may accrue interest at 1.5% per month, or the highest rate permitted by law if lower. Suspension of a Twine Line for non-payment may affect your ability to make or receive calls.

Cancellation and refunds

You may cancel at any time and will retain access until the end of your paid term. Purchases made through the Apple App Store or Google Play are refundable only through that store under its own policy. For purchases made directly from us, unused prepaid amounts are refundable on request within three months of the charge. Otherwise fees are non-refundable except where law requires.

You may terminate at any time, effective at the end of your current term. We may suspend or terminate your account for breach of these terms, for unlawful use, or where your use creates risk for us or other users.

Your number

You may port your Twine number to another provider subject to applicable porting rules. A port-out fee may apply. After termination your number remains available to port for 30 days before it is returned to inventory.

Your call data

Your Call Content and Derived Data remain available for export for 30 days after termination, after which they are deleted except where we are required to retain them.

Survival

Sections 1, 5, 8, 9, 10 and 14 through 24 survive termination, together with any provision that by its nature should survive.

All rights in the Service, including software, applications, websites and marks, remain the exclusive property of the Company and its licensors. You receive a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these terms. All rights not expressly granted are reserved.

As between you and us, you retain your rights in your Call Content. You grant us the licence necessary to host, process and transmit it in order to provide the Service, and to create Derived Data from it.

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Notices should be sent to our designated agent at legal@twinemobile.com.

You may not use or export the Service in violation of U.S. export laws, and you represent that you are not located in, or a national of, a country subject to U.S. embargo, and are not on any U.S. government restricted-party list.

The Service is provided “as is” and “as available”. To the maximum extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

Without limiting that, we do not warrant that Derived Data is accurate or complete, that any summary correctly reflects what was said on a call, that any commitment or action we extract is correct, or that the Service will identify every obligation arising from a call.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or lost data. Our aggregate liability arising out of or relating to these terms will not exceed the amounts you paid us for the Service in the twelve months before the event giving rise to the claim.

Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you.

You will indemnify and hold harmless the Company and its Affiliates against claims, losses and expenses arising from your use of the Service in breach of these terms or in violation of law, including any claim arising from a failure to give notice of recording or to obtain a consent required by the law applicable to a call you placed or received.

Any dispute arising out of or relating to these terms or the Service will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. Either party may instead bring an individual claim in small claims court.

You and the Company each waive the right to a jury trial and the right to participate in a class action or class-wide arbitration. The arbitrator may award relief only to the individual party seeking it and only to the extent necessary to resolve that party’s claim.

You may opt out of this arbitration agreement by emailing legal@twinemobile.com within 30 days of first accepting these terms. Opting out does not affect any other provision.

This Section applies to users in the United States and survives termination of these terms.

Your use of the Service is also governed by the Twine Privacy Policy, which is incorporated into these terms by reference. By using the Service you acknowledge that you have read it and agree to our collection and use of information as described in it.

The Twine Acceptable Use Policy and any policies referenced in your plan also apply.

These terms are governed by the laws of California, without regard to conflict of laws principles. If any provision is held unenforceable, the remainder continues in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these terms without our consent; we may assign them to an Affiliate or in connection with a merger, acquisition or sale of assets.

These terms, together with the Privacy Policy and any order or plan terms, are the entire agreement between you and the Company regarding the Service and supersede any prior agreement on the subject.