Welcome to Twitonomy.com, a service brought to you by Diginomy Pty Ltd (ACN 162 821 954) ("we" or "us" or "Twitonomy" or "Diginomy" or the "Company"). The following terms and conditions (collectively, these "Terms of Service") apply to your use of Diginomy services and Twitonomy.com, including but not limited to any content, functionality and Services offered by Diginomy on or via Twitonomy.com (the “Service” or the "Website").

Please read this Agreement carefully before proceeding with any use of our websites or the Service. By using the Service you accept and agree to be bound and abide by these Terms of Service.

Violation of any of the terms below will result in the termination of your Account.

1. Changes to the Terms of Service and the Service

We reserve the right to update and change these Terms of Service from time to time, at our discretion, with or without prior notice. Any new features that augment or enhance the Service, including but not limited to the release of new tools and resources, shall be subject to these Terms of Service. We will use reasonable efforts to make you aware of these changes. Your continued use of the Service following these changes means that you accept and agree to the changes.

2. Account Terms

3. Accessing the Service, Security and Privacy

We are working hard on improving the Service, but we can't guarantee that the Service will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period, nor for any data loss (see also section “Disclaimer of Warranties, Limitations of Liability and Indemnification” below).

To access most features of the Service you have to register and sign in using your Twitter account with the “Sign in with Twitter” authentication system provided by Twitter. You must treat such information as confidential, not disclosing it to any third party and only use the Service in person. We do not have access to your Twitter password. In case you forget your password, please use Twitter’s password reset procedure. We highly recommend to choose a strong password and that you log out from your Twitonomy account at the end of every session.

It is a condition of your use of the Service that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for Internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.

We use “Sign in with Twitter” for all logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Service or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

4. Payment, Upgrading and Downgrading Terms

A valid credit card or PayPal account is required for paying accounts. Free accounts are not required to provide a credit card number.

If you upgrade to a paying account, you will be billed for your first month or year (depending upon which option you select) immediately upon upgrading. The Service is billed in advance on a monthly or yearly basis. Twitonomy Premium accounts are prepaid, non-refundable and non-transferable. Twitonomy does not provide refunds or credits for any partial months or years of service. In order to treat everyone equally, no exceptions will be made. If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect at the end of the current paid up month or year and you will not be charged again.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Diginomy does not accept any liability for such loss.

Technical support is only provided to paying account holders and is only available via email.

5. Cancellation and Termination

You are solely responsible for properly canceling your account. To cancel your account, send your request using the "Contact Support" form in the "Account" section of your Twitonomy account. Once we receive and process your cancellation request, all of your Content is deleted from the Service. This information cannot be recovered once your account is cancelled.

If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect at the end of the current paid up month or year and you will not be charged again. Cancellation must be requested three (3) days prior to the end of your current paid up month to allow for adequate processing time and to ensure that you are not billed for an additional month.

Diginomy, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Diginomy Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Diginomy reserves the right to refuse Service to anyone for any reason at any time.

6. Modifications to the Service and Prices

Diginomy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Website or the Service itself.

Diginomy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

7. Intellectual Property Rights and Usage Rules

Twitonomy is not affiliated with Twitter Inc. and does not claim ownership of the Twitter Marks.

We claim no intellectual property rights over the material you provide to the Service.

The Service and its original content, features and functionality, are owned by Diginomy and are protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. So you agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material without express written permission from Diginomy. If you have doubts about whether and how to use of material on the Website, please address your concerns to support@twitonomy.com.

All Content added, created, uploaded, submitted, distributed, or posted to or via the Service by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Service is or will continue to be accurate.

We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Website that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Service or other products or Services.

The Service may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, Service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

You are permitted to use the Service provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Service in any manner, or violating the Terms of Service. No right, title or interest in or to the Service or any content on the Website is transferred to you, and all rights not expressly granted are reserved. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.

The Service allows you to publish tweets on your Twitter account, contains user generated content, and also may contain other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Service. All User Content must be lawful, not spammy, and clear of virus or other malware.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Twitonomy, or any other Diginomy service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Diginomy customer, employee, member, or officer will result in immediate account termination.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Diginomy.

If your level of usage of the Service significantly exceeds the average usage level (as determined solely by Diginomy) of other Diginomy customers, we reserve the right to immediately disable your account or throttle your usage until you can reduce your usage level.

9. Law and Copyright Infringement

We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

10. Disclaimer of Warranties, Limitations of Liability and Indemnification

Your use of the Service is at your sole risk. The Service is provided "as is" and "as available". Twitonomy uses data provided by and is subject to the limits of the Twitter API.

We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Service, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Service. Because the Service is not error or bug free, you agree that you will use it carefully and avoid using it in ways that might result in any loss of your or any third party's property or information.

You understand that Diginomy uses third party vendors and partners to provide the necessary data, hardware, software, networking, storage, and related technology required to run the Service.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Diginomy does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that Diginomy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Diginomy has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the state of New South Wales in Australia without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Service shall be brought in the state or federal courts located in Sydney, New South Wales, Australia.

12. Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Diginomy and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

13. Feedback

We welcome any comment, question and communication at support@twitonomy.com.