Terms of Service
Last update: April 10, 2016
Acceptance of the software licenseBy downloading and/or installing our software on any site you explicitly agree to the terms of its license, GNU General Public License version 3 or, at your choice, any later version published by the Free Software Foundation. A copy of the license is included with our software.
No warrantyOur services are provided as-is, without any warranty whatsoever. The exact terms of our software license can be found in the LICENSE file included in your software. Regarding support services, we can not guarantee the validity or veracity of any provided information or suggestion.
THE SERVICES ARE PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF AVAILABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE AVAILABILITY, QUALITY AND PERFORMANCE OF OUR SERVICES IS WITH YOU. SHOULD ANY OF OUR SERVICES PROVE INEFFICIENT OR UNSUITABLE, YOU ASSUME THE COST OF ALL NECESSARY ACTIONS TO RECTIFY THE ISSUE.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW TWIST & TWIRL CONSULTING, ITS OWNERS, STAFF, ASSOCIATES OR ANYONE AFFILIATED WITH ITS MAINTENANCE, OPERATION OR HOSTING BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF OUR PROGRAMS TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Should the applicable law hold Twist & Twirl Consulting, its owners, or any party affiliated with it liable for damages, the maximum amount of damages acknowledged shall be no higher than 5 Dollars. Shall any dispute arise between Twist & Twirl Consulting and a third party, the only applicable jurisdiction is the State of California, United States of America.
If you do not agree with these Terms, you are not allowed to use our services. Moreover, any use of our services implies the unconditional and immediate acceptance of the aforementioned terms, waiving your legal rights to uphold them. Acting in violation of these Terms of Service constitutes a violation of our copyright and abuse of a computer system.
Support policyWe only provide support through our site's Support section. We will not provide support by any other means including, but not limited to, email, regular mail, telephone, Twitter, Facebook, Skype and so on. If you wish to receive support without using our site's Support section, we reserve the right to request to be paid according to our regular consultancy rates. Our regular consultancy rates are 100 dollars per hour, minimum charge one hour. In case of on-premises support a specific arrangement has to made.
All tickets are answered on a "best effort" basis. Private tickets and severe bug report are given top priority, public tickets are given medium priority. If you have not received any response within 72 hours, please use the Contact Us page to let us know of the issue. If we determine that there is an objective difficulty in providing support to you over our ticket system we will provide you with support over email, in exception of our support policy.
We reserve the right to provide no support for outdated versions of our software, when your server environment does not meet our minimum requirements or when you have modified the core code files shipped with your site's script or our software. We reserve the right to give you a link to our troubleshooting page, documentation and/or previous public tickets if we deem it necessary for providing better support. We will not provide support for issues not related to our software or services. We reserve the right to decline support if the request or the conversation is conducted in a language other than English or when the language barrier makes it impossible to provide meaningful support. We reserve the right to decline support when access to the affected site is denied or objectively impossible. We reserve the right to decline providing support on a case by case basis (even though we do try to help everyone), with or without a reply to your ticket. We assume no responsibility for any issues directly or indirectly caused by our support efforts, as per the "No warrantly" article of this policy. We reserve the right to close support tickets for any reason deemed appropriate. We reserve the right to decline providing support for issues which have to do with using your site's CMS (e.g. Joomla!) or your server / hosting account, but not our software. We reserve the right to close or delete support tickets if the user refuses to follow our instructions and insists on receiving support. We reserve the right to edit or delete tickets or ticket replies. We reserve the right to close or delete tickets and/or block accounts of users who become abusive in their support ticket replies.
Fair use policyWe reserve the right to terminate any account which is suspected in being implicated in unlawful or abusive activity, including –but not limited to– unsolicited mass distribution of our software. Account termination is in the sole discretion of Twist & Twirl Consulting and we reserve the right to not provide any prior warning or further information.
We reserve the right to terminate user accounts (upon fair warning) of users who are submitting the same support requests numerous times to our support ticket system. We reserve the right to block or terminate accounts (upon fair warning) of users who submit an excessive amount of support requests.
Actions for content beyond fair use and account termination policyIf the content you submit to to our site is deemed offensive, inappropriate, defamatory, objectionable or in any other way engages in disruptive behavior, we reserve the right to use your personal information to stop such behavior.
If we believe on reasonable grounds that you are in violation of the laws of the State of California or the United States, we reserve the right to submit your personal information - including the content itself and any other relevant information about you - to the proper authorities, such as law enforcement, your ISP or school email / ISP.
We reserve the right to terminate user accounts when the aforementioned fair use rules are violated. Furthermore, we reserve the right to terminate user accounts if the user is posting unsolicited messages (spam), engaged in sites or services promoting the unauthorised distribution of proprietary or other distributed for-a-fee software (warez), directly promoting or linking to resources promoting indecent or unlawful actions, or in any other way trying to disrupt or diminish the quality of the services offered by this site. Account termination takes place without prior notice and is considered final. We reserve the right to terminate any further user accounts created by the holder of a terminated account, or any other person, business or organisation affiliated with or endorsed by the holder of a terminated account.