Conditions d'utilisation

1. Identification and Purpose

1.1 Service provider identification

1.2 Purpose

These Terms and Conditions (hereinafter, "Terms") govern the access to and use of the Twinyx platform (hereinafter, "the Service"), a software as a service (SaaS) that allows content creators to automate Telegram responses using artificial intelligence that replicates their personal communication style.

1.3 Acceptance

By registering and using the Service, you acknowledge that:

• You have read, understood, and accept these Terms in their entirety.
• You are at least 18 years old.
• You have the legal capacity to enter into contracts.
• Your use of the Service complies with the applicable legislation in your jurisdiction.

1.4 Withdrawal of consent

In accordance with Article 7(3) of the GDPR, you may withdraw your consent to these Terms and the Privacy Policy at any time from the Settings section of your dashboard. Withdrawal of consent:

• Will stop your Telegram bot immediately.
• Will restrict access to the dashboard until you re-accept the current terms.
• Will not delete your data — your account and configuration will be preserved.
• Does not affect the lawfulness of processing carried out before the withdrawal.

You may also withdraw your consent by contacting admin@twinyx.app.

2. Description of the Service

Twinyx provides the following features:

• Digital clone: Automatic generation of Telegram responses that mimic the creator's communication style, using large language models.
• Smart classification: Automatic categorization of incoming messages according to rules defined by the creator.
• Purchase intent detection (Ready to close): Automatic identification of contacts with purchase intent and transfer to the creator for manual intervention.
• Contact management: Block lists, allowlists, and handed-off conversation management.
• Style analysis from screenshots: Optional extraction of writing style from conversation screenshots using Vision AI.
• Off-hours queue: Queuing and deferred processing of messages received outside configured hours.
• Notifications: Real-time alerts about unclassified messages, ready-to-close events, connection errors, and subscription status.

3. Registration and Account

3.1 Registration

To use the Service you must create an account using an email address and password, or through Google OAuth or Telegram Login. If registering by email, you will need to verify your email through the link we will send you.

3.2 Account security

You are responsible for:

• Keeping your access credentials confidential.
• All activities carried out under your account.
• Notifying us immediately of any unauthorized use.

When you change your password, all active sessions on other devices will be automatically closed for security.

3.3 One account per person

Each individual may only register one account. We reserve the right to suspend or cancel duplicate accounts.

4. Telegram Connection

4.1 Telegram Connection

To use the Service, you must connect your Telegram account through the official Twinyx bot (@TwinyxBot) via the Telegram Business feature. This connection is established from Telegram settings.

4.2 User responsibility

By connecting your Telegram account, you declare and warrant that:

• You are the legitimate owner of the connected Telegram account.
• You have the right to use Telegram Business in accordance with their Terms of Service.
• You assume full responsibility for all content generated and sent through your account.
• You understand that Twinyx will send messages on your behalf through the Telegram Business Bot.
• You accept that, in compliance with Article 50 of the EU Artificial Intelligence Act, Twinyx sends each of your contacts a one-off notice, inside the conversation, stating that replies may come from an artificial intelligence assistant. You may reword that text from your dashboard, but not switch it off, and you undertake not to replace it with misleading wording nor to circumvent it by any means.

4.3 Business Bot Connection

Your Telegram connection is managed through a connection identifier stored in our database. You can disconnect your account at any time from the dashboard. To fully disconnect, you should also remove @TwinyxBot from your Telegram Business settings.

5. Trial Period and Subscription

5.1 Trial period

• The free trial period is 5 calendar days.
• It starts when you connect your Telegram account (not when you register).
• No payment information is required.
• It includes full access to all Pro Service features.

5.2 Subscription plans

Prices shown reflect our regional pricing tiers. Final prices may vary based on your geographic location. Regional pricing is determined automatically by our servers at the time of checkout. Prices include VAT where applicable. We reserve the right to modify prices with at least 30 days' prior notice. Changes will not affect the already paid period.

5.2.1 Extra Telegram Accounts (Pro Add-on)

• Pro users can connect up to 3 Telegram accounts from a single dashboard.
• The base plan includes 1 Telegram account.
• Extra accounts can be purchased as an add-on for an additional monthly fee.
• Add-on charges are prorated based on the current billing cycle.
• Each additional account has its own categories, settings, and conversation history.

5.3 Payment

• Payments are processed securely through Stripe, Inc.
• Twinyx does not store credit card data on its servers.
• The subscription renews automatically at the end of each period.

5.4 Non-payment

If a payment fails, your account will enter "past_due" status (grace period) during which the Service will continue to operate. If payment is not resolved, the subscription will move to "expired" status and the Service will stop.

5.5 Cancellation by the user

• You can cancel your subscription at any time from the Stripe portal.
• Upon cancellation, you will retain access until the end of the already paid period.
• No refunds are provided for partial periods, except as set forth in section 5.6.

5.6 Right of withdrawal

In accordance with Spanish Royal Legislative Decree 1/2007, you have the right to withdraw from the contract within 14 calendar days from the date of purchase, unless you have actively used the Service and expressly accepted the loss of that right. To exercise your right of withdrawal, contact admin@twinyx.app clearly stating your request.

5.7 Referral Program

Twinyx offers a referral program subject to the following conditions:

• Each user receives a unique referral code upon registration.
• Referred users receive an extended trial period (10 days instead of 5).
• Milestone rewards: 3 conversions = EUR 29.99 Pro credit; 10 conversions = permanent 15% discount.
• A "conversion" occurs when the referred user subscribes to a paid plan.
• Codes are non-transferable and limited to one per user.
• Twinyx reserves the right to suspend the program or revoke benefits in case of fraudulent use.
• Referral rewards are non-refundable.

6. Acceptable Use

6.1 You agree to:

• Use the Service in accordance with the law, these Terms, and good faith.
• Provide truthful and up-to-date information.
• Not use the Service to send spam or unsolicited mass messages.
• Not use the Service to impersonate another person or entity.
• Not attempt to access other users' accounts, systems, or data.

6.2 The following is expressly prohibited:

• Using the Service for illegal or fraudulent activities or activities that infringe third-party rights.
• Sending content that incites hatred, violence, discrimination, or is illegal in any applicable jurisdiction.
• Using the Service to harass, threaten, or intimidate others.
• Attempting to reverse engineer, decompile, or extract the Service's source code.
• Reselling, sublicensing, or redistributing access to the Service without authorization.
• Using bots, scrapers, or automated tools to access the Service (outside the offered functionality).
• Intentionally overloading the Service infrastructure.
• Sharing your access credentials with third parties.
• Connecting Telegram accounts of which you are not the legitimate owner.
• Creating multiple accounts to accumulate referral rewards.
• Offering payment or incentives for using referral codes.

6.3 AI-generated content

• Responses generated by the digital clone are the account holder's responsibility.
• Twinyx does not guarantee the accuracy, suitability, or legality of automatically generated responses.
• The user must periodically review their clone's responses and adjust the configuration as needed.

7. Intellectual Property

7.1 Of the Service

All intellectual and industrial property rights over the Service, including the software, design, trademarks, logos, text, and source code, belong to [NAME/COMPANY NAME] or its licensors.

7.2 Of the user

The user retains all rights over:

• The personality content and example messages they provide.
• The screenshots they upload (transient processing, no storage).
• The response categories and templates they create.

7.3 License of use

By providing personality content, example messages, and configuration, you grant Twinyx a limited, non-exclusive, and revocable license to use said content exclusively for the purpose of providing the Service (generating automatic responses on your behalf). This license terminates when you delete the content or cancel your account.

8. Limitation of Liability

8.1 Availability

The Service is provided "as is" and "as available." We do not guarantee that the Service will be available uninterrupted or error-free. Factors such as maintenance, Telegram connectivity, or AI provider availability may affect the service.

8.2 AI responses

Twinyx is not responsible for the content of responses generated by artificial intelligence. Responses are generated automatically attempting to replicate the user's style, but may contain inaccuracies, errors, or inappropriate content. The user is ultimately responsible for all content sent from their Telegram account.

8.3 Damages

To the maximum extent permitted by law, Twinyx's total liability for any claim arising from the use of the Service shall be limited to the amount actually paid by the user in the 12 months prior to the event giving rise to the claim.

In no event shall we be liable for:

• Indirect, incidental, special, or consequential damages.
• Loss of profits, sales, data, or business opportunities.
• Actions by Telegram on the user's account (restrictions, suspensions, bans).
• Actions by the user's contacts in response to automated messages.

8.4 Force majeure

We shall not be liable for failures caused by force majeure, including external provider failures, changes to the Telegram API, interruptions in AI services, natural disasters, or government actions.

9. Suspension and Termination

9.1 By the user

You can delete your account directly from the Settings section of the dashboard, or by contacting admin@twinyx.app. Upon cancellation:

• Your Telegram session will be disconnected and the bot will stop responding.
• Your data will be retained as long as you keep your account, allowing you to reactivate your subscription at any time.
• You can delete your account and all your data at any time from the Settings section or by contacting admin@twinyx.app.

9.2 By Twinyx

We reserve the right to suspend or cancel your account if:

• You breach these Terms or applicable law.
• You use the Service in an abusive or fraudulent manner.
• You fail to resolve a non-payment within a reasonable time.
• Required by a competent authority or court order.

In the event of cancellation due to serious breach, no refunds will be issued.

10. Modification of Terms

We may modify these Terms at any time. When we do:

• We will publish the new version on our website with the update date.
• We will notify you by email or through a notice in the Service with at least 15 days' prior notice.
• By continuing to use the Service after the new Terms take effect, you accept the changes.
• If you do not accept the changes, you may cancel your account before they take effect.

11. Communications

All communications related to the Service will be conducted electronically (email, dashboard notifications, Telegram Bot). By registering, you agree to receive transactional electronic communications related to the Service.

12. Applicable Law and Jurisdiction

• These Terms are governed by Spanish law.
• For any dispute arising from these Terms, the parties submit to the jurisdiction of the Courts of Vigo, without prejudice to any rights that may correspond to the consumer under applicable legislation.
• In accordance with EU Regulation No. 524/2013, we inform you of the existence of the EU Online Dispute Resolution Platform: https://ec.europa.eu/consumers/odr.

13. General Provisions

• Entire agreement: These Terms, together with the Privacy Policy and the Cookie Policy, constitute the entire agreement between the parties.
• Severability: If any clause is declared null, the remaining Terms shall remain valid.
• No waiver: The non-exercise of a right does not imply its waiver.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.

14. Contact

For any questions about these Terms:

• Email: admin@twinyx.app
• Postal address: Rua Condesa Casa Barcenas, 11, 36204 Vigo, Pontevedra