(Last revised on 15 November 2019)
These Terms of Use are entered into between Massive Media Match NV, a company registered in Belgium with company number BE 0537.240.636 and whose registered office is at 18 Emile Braunplein, Ghent 9000, Belgium (hereinafter 'Twoo' or 'we') and any individual who registers on the Service (hereinafter 'you' or 'your'). Twoo offers services which aim to facilitate chat between individuals all around the world for personal, entertainment and non-commercial purposes through electronic communications networks, including, without limitation, the website 'twoo.com' and the downloadable Twoo applications (the 'Service').
By creating a profile ('Profile') and using the Service, you acknowledge that you are fully informed of and agree to be bound by (i) these terms of use ('Terms & Conditions'), (ii) our Privacy Policy, Cookie Policy and Guide to Online and Offline Safety, and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, which constitute an agreement between you and Twoo ('Agreement'). In case you do not agree to be bound by all of the terms of this Agreement, please do not use the Service.
The services offered by Twoo are for adults only. You must be at least 18 years old to create a Profile and use the Service. By creating a Profile and using the Service, you represent and warrant that:
You can gain access to the Service and become a member (hereinafter 'Member') of Twoo by creating a Profile on the Service for free. Becoming a Member does not allow you to use all the functionalities of the Service. Some functionalities are subject to payment of a fee, for which the terms and conditions are set out hereinafter and/or directly on the Service.
You may sign in using your e-mail address or using your Facebook Account. If you do so, you authorise us to access and use certain information from your Facebook Account as described in Facebook’s consent mechanism. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.
Twoo has the right to decline any request for membership if you do not meet the conditions for registration. No Member may subscribe more than once, not even by using a different name. The membership is personal to the Member and cannot be assigned or transferred to third parties.
You are responsible for maintaining the confidentiality of usernames, logins, passwords and/or other entry codes you use to sign up for Twoo (login credentials). Therefore, you are solely responsible for all activities that occur under those login credentials. This includes all actions or statements made by an intermediary using your account, whether they are fraudulent or not. You will indemnify Twoo for any claim arising in connection with these, other than in the event of fault exclusively attributable to Twoo or technical failure of the Services. If you have reason to believe that someone is using your login credentials, please immediately inform Twoo by sending an e-mail to info-en@twoo.com.
You may terminate your Twoo membership at any time, for any reason, via your Settings. Twoo may also terminate or suspend your membership at any time if it appears that you have violated the terms of the Agreement. Such termination or suspension can take place without prior notice. Following such termination or suspension, you cannot attempt to register as a Member or make use of the Service, unless we inform you that the suspension was lifted. Termination will not entitle you to any reimbursement.
In order to use the Service, you agree to comply with the Agreement and with applicable laws and regulations, and to respect the rights of other Members. In particular, you agree to:
Furthermore, you agree that you will not:
In case of an illegal and/or unauthorised use of the Service, Twoo may permanently or temporarily prohibit all access to the Service or terminate your account. In case of a criminal offence committed by a Member, Twoo may take any available legal action, including – when necessary - transfer of that Member's personal data to the competent authorities. All of this can be done without prior notification to the Member concerned. More information on how we process your personal data can be found in our Privacy Policy.
YOU AGREE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TO INDEMNIFY, DEFEND AND HOLD HARMLESS TWOO, OUR AFFILIATES, AND THEIR AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES AGAINST ALL COMPLAINTS, DEMANDS, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES. THIS INCLUDES ATTORNEY’S FEES, DUE TO, ARISING OUT OF, OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SERVICE, INFORMATION AND/OR OTHER MATERIAL SHARED ON THE SERVICE BY YOU AND/OR ARISING FROM OR DUE TO ANY BREACH OF THE AGREEMENT.
6.1Keeping the Service a safe and friendly environment is important both for you and for us. As a result, Members acknowledge and accept that content they provide, as well as their behaviour or comments made through the Service, may be reported by other Members and may be subject to acts of moderation and/or control by Twoo on the basis of specific assessment criteria. If you see content or experience behaviour on the Service that violates this Agreement, please report it to us in a timely manner by clicking the 'Report' button. If Twoo considers your complaint to be justified, such offending content will be removed as soon as possible.
6.2You agree to take reasonable precautions when you interact with other Members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow our Safety Tips before you start using the Service. If you post and/or disclose to other Members any confidential or sensitive information, such as personal information (surname, postal address, e-mail, telephone number…) or financial information (e.g., credit card or bank account information), then you do so entirely at your own risk.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT TWOO DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRES INTO THE BACKGROUND OF ITS MEMBERS, AND IS NOT OBLIGED AND DOES NOT HAVE THE TECHNICAL MEANS TO VERIFY THE IDENTITY OF INDIVIDUALS REGISTERING ON THE SERVICE. TWOO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS. THEREFORE TWOO EXCLUDES ALL LIABILITY IN CONNECTION WITH EVENTS OF ANY NATURE WHICH COULD TAKE PLACE BETWEEN MEMBERS DURING ONLINE INTERACTIONS, WHETHER ON OR OFF THE SERVICE, OR IF YOU MEET IN PERSON.
From time to time, Twoo may offer products and services for purchase ('In-App Purchases') through iTunes, Google Play, carrier billing, Twoo direct billing or other payment platforms authorised by Twoo. If you choose to make an In-App Purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third-party account such as Google Play or iTunes) (your 'Payment Method') will be charged for the In-App Purchase at the prices displayed to you for the service(s) you've selected, as well as any sales or similar taxes that may be imposed on your payments, and you authorise Twoo or the third-party account, as applicable, to charge you.
Packages are automatically renewed, until you terminate or cancel the subscription. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically be renewed for an additional equivalent period or any other period if so displayed on the Service at time of purchase, at the price you agreed to when subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.
You may unconditionally withdraw your consent to automatic card payments at any time by going to your Settings on Twoo or the relevant third-party account, but please be advised that you are still obligated to pay any outstanding amounts.
If you want to change or terminate your subscription, you will need to log into your Twoo account or your third-party account and follow instructions to terminate or cancel your subscription, even if you have deleted your account with us or if you have deleted the Twoo application from your device. Twoo will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Twoo or the third-party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. DELETING YOUR ACCOUNT ON TWOO OR DELETING THE TWOO APPLICATION FROM YOUR DEVICE DOES NOT TERMINATE OR CANCEL YOUR SUBSCRIPTION.
Each Member has the option to purchase a limited, personal, non-transferable, revocable licence to use Credits (hereinafter 'Credits'). You are only allowed to purchase Credits from us through the Service and not in any other way.
Twoo, in its sole discretion, reserves the right to charge fees for the right to access or use Credits and/or may distribute Credits with or without charge. The right to use Credits starts immediately upon the acceptance of your purchase by Twoo until termination of your account by either party, or when Twoo ceases providing the Service. Credits expire 91 days after the date of purchase.
Any Credits balance shown in your account does not constitute a real-world balance or reflect any stored value, and may only be redeemed through the Service. The transfer of Credits is prohibited, and you shall not sell, redeem or otherwise transfer Credits to any person or entity.
All purchases and redemptions of Credits made through the Service are FINAL AND NON-REFUNDABLE. You acknowledge that Twoo is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Credits when an account is closed, whether such closure was voluntary or involuntary. However, if Twoo ceases providing the Service, Credits and/or changes its business model, you will be entitled to a refund on a prorated basis.
The fees and the terms of payment are described on the Service. Members may pay either by bank card (on the Internet or through a mobile service) or by using an online payment service (PayPal, Direct Debit, etc.) according to the options given on the relevant platform. The fees are inclusive of all taxes.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorise us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. We may make an exception if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU or European Economic Area, in accordance with local law and except if the purchased service is performed immediately upon your request, you are entitled to a full refund of your Package without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts. Refunds will be made using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.
To request a refund:
If you subscribed using your Apple ID, Apple, not Twoo, handles refunds. To request a refund, go to iTunes, click on your Apple ID, select 'Purchase history', find the transaction and hit 'Report Problem'. You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account or through Twoo directly: please contact info-en@twoo.com with your order number for the Google Play Store (you can find the order number in the order confirmation e-mail or by logging into Google Wallet) or Twoo (you can find this on your confirmation e-mail). You may also mail or deliver a signed and dated notice that states that you, the buyer, are cancelling this agreement, or words of similar effect. Please also include the e-mail address associated with your account along with your order number. This notice shall be sent to Massive Media Match NV, 18 Emile Braunplein, Ghent 9000, Belgium.
By creating a Profile, you consent to Twoo providing you with important notices about your account or services associated with the Service. These notices can be shared directly on the Service, via app notifications or with a banner notice across its pages, or through other means associated with your account, like e-mail or phone.
The contact information you provide must be accurate or you may not receive these notices. Please review your Settings to control what kind of messages you receive from Twoo. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information and notifications.
10.1.TWOO PROVIDES THE SERVICE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TWOO GRANTS NO EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE OR ALL CONTENT CONTAINED THEREIN. THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TWOO AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
In particular and without limitation:
10.2.TWOO TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. TWOO CANNOT BE HELD LIABLE FOR THE ACCURACY OR INACCURACY OF THE INFORMATION AND CONTENT PROVIDED BY OTHER MEMBERS, AND/OR THE MEMBER HIMSELF, NOR THE CONSEQUENCES FROM THE USE OF THIS INFORMATION AND CONTENT. SIMILARLY, TWOO CANNOT BE HELD LIABLE FOR ANY CONTENT DISSEMINATED BY A MEMBER THAT MAY POTENTIALLY INFRINGE THE RIGHTS OF ONE OR MORE OF THE OTHER MEMBERS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TWOO, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF TWOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TWOO’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO TWOO FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Twoo is only liable for the Service and does not exercise any control over third-party websites and external resources (third-party websites or mobile applications, social networks, etc.) to which the hyperlinks accessible on the Service may redirect. If you choose to interact with third parties made available through our Service, such parties' terms will govern your relationship with them. Twoo is not responsible or liable for such third parties’ terms or actions.
To enhance your experience on the Service, Twoo may partner with third-party video broadcasting/streaming platforms. In such case, the service will be subject to such third-party terms and conditions and privacy policy, which are available on the Service. If applicable, any payment shall be processed by Twoo. You can always disable such functionality in your Settings. Twoo reserves the right to change or remove any live video streaming functionality at any time. Supplemental terms may apply.
This Agreement does not grant Members any rights, implied or otherwise, to the content disseminated on the Service. All trademarks, logos, graphics, software, photographs, animations, videos, text appearing on the Service are the exclusive intellectual property of Twoo and its licensors as may be applicable, and may not be reproduced, used, published, distributed, sold or displayed without the express prior written permission of Twoo or its licensors, subject to legal action.
The rights of use granted to the Member are limited to private and personal use as part of and for the duration of the membership on the Service. Any other use by the Member is prohibited. The Member is prohibited from, among other actions, modifying, copying, creating a derivative work, disassembling or otherwise attempt to extract the source code composing the Service, downloading, broadcasting, transmitting, commercially exploiting and/or distributing the Service or computer codes of the elements composing the Service, in any way whatsoever, subject to legal action.
You warrant and represent that the information posted in your Profile is posted by you and that you are the sole author of your Profile.
When you post, upload, display or enter data that is meant to be viewable to the other Members, including but not limited to text, photos, images, drawings or graphics for a profile, videos, etc., you grant to Twoo a worldwide, transferable, sub-licensable, royalty-free right and license to host, store, disseminate, display, reproduce, adapt, process, translate, modify the content provided by you, fully or in part, to operate, develop, provide, and improve the Service or develop new ones. These rights are granted for the duration of the Agreement between you and Twoo and are subject to your rights under applicable law.
14.1Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:
14.2For Members residing in the EU or European Economic Area or other countries where our arbitration agreement is prohibited by law, the Agreement shall be governed by, construed and enforced in accordance with the laws of Belgium, subject to mandatory laws and regulations in force in the country of residence of the Member. The courts of Brussels, Belgium will have jurisdiction, if not otherwise required by the applicable consumer protection legislation in the country of residence of the Member.
14.3If you reside in the EU or European Economic Area, you may also submit your complaint on the platform of online dispute resolution hosted by the European Commission at: https://ec.europa.eu/consumers/odr/. The European Commission will transfer the Member’s complaint to the competent national mediators. In accordance with the rules applicable to mediation, prior to any request for mediation, the Member must first raise any dispute with Twoo in writing in order to attempt an amicable resolution. In the event that an amicable solution cannot be reached, the competent authorities will be the courts of the country of residence of the consumer located in one of the member States of the EU or European Economic Area.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
Notice of claims of copyright infringement should be provided to our Copyright Agent at copyright@match.com or the following address:
TwooTwoo will terminate the accounts of repeat infringers.
Your personal data is processed in accordance with our Privacy Policy. We strongly recommend that you read our Privacy Policy to understand how we process your personal data, what your rights are and how to exercise them.
We may update the content and/or features of the Service at any moment in order to improve the quality of the Service. We may also modify the Terms & Conditions at any moment. The most recent version will be posted on the Service, and you should regularly check for the most recent version.
Modified versions will take effect thirty (30) days after being published on the Service, and your continued use of the Service after the changes become effective shall indicate your acceptance of the new version.
If changes to the Terms & Conditions negatively affect your rights and obligations or affect a service for which you performed a payment, you will be informed of the nature of these updates or modifications by reasonable means, through notification or e-mail, when they are implemented on the Service. In such case, you have the right to cancel this service and receive a pro rata refund, provided you notify us within the aforementioned period of thirty (30) days.
This Agreement is drafted in the English language. To the fullest extent permitted under applicable law, if this Agreement is translated into any language other than English, the English version shall control and prevail in case of any discrepancies or ambiguities due to translation.
1. Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the 'Arbitration Procedures') are applicable to all arbitration proceedings involving you and Twoo. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules (the 'JAMS Rules'), as modified by these Arbitration Procedures. If there is any inconsistency between the JAMS Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the arbitrator determines that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the JAMS Rules.
2. Commencing an Arbitration. To commence an arbitration against Twoo, you must complete a short form, submit it to JAMS, and send a copy to Twoo at Match Group, Inc., PO Box 25458, Dallas, TX 75225. To learn more about commencing an arbitration and to obtain a form to institute arbitration, please visit the JAMS website and download the form available at: https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.
3. Fees. You are responsible for paying your portion of the fees set forth in the JAMS’s fee schedule for consumer disputes. Twoo will pay all remaining fees. If your claim against Twoo is for less than $1,000, we will pay all fees. If you believe you cannot afford JAMS’s fee, you may apply to JAMS for a fee waiver.
4. Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution.
