Terms and Conditions

1. Identification and purpose

1.1 Provider identification

1.2 Purpose

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

1.3 Acceptance

By registering for and using the Service, you declare that:

• You have read, understood and accept these Terms in full, including the Data Processing Agreement, which forms part of them.
• You are 18 or older.
• You have the legal capacity to enter into contracts.
• Your use of the Service will comply with the laws in force in your jurisdiction.

1.4 Withdrawal of consent

You can withdraw your acceptance of these Terms and of the Privacy Policy at any time from the Settings section of your dashboard or by writing to admin@twinyx.app. Withdrawal:

• Stops your Telegram bot: immediately if you do it from Settings, or when we process it if you write to us.
• Restricts access to the dashboard until you accept the current documents again.
• Does not delete your data: your account and your configuration are kept. To delete them, delete your account (section 11.1).
• Does not affect the lawfulness of the processing carried out before the withdrawal.

2. Description of the Service

Twinyx offers the following features:

• Digital clone: automatic replies on Telegram that imitate your communication style, generated with artificial intelligence models.
• Smart classification: automatic categorization of messages according to the rules you define.
• Ready-to-close client: detection of contacts with purchase intent, handed over to you so you can step in.
• Contact management: block lists, conversation approval and management of handed-over conversations.
• Style analysis from screenshots: optional extraction of your writing style from screenshots.
• Promotion swaps (SFS): automated management of promotion swaps with other channels (Pro plan).
• Off-hours queue: deferred processing of messages received outside your hours.
• Transparency and consent of your contacts: an artificial intelligence notice sent to each contact and, except for verified counterparties in a promotion swap (see the Data Processing Agreement), a consent request before replying to them with AI, and an automatic stop for possible minors (section 7).
• Notifications: alerts about conversations that need your attention, connection errors and subscription status.

3. Registration and account

3.1 Registration

To use the Service you must create an account with an email address and a password, or through Google or Telegram. If you register by email, you will need to verify it through the link we send you.

3.2 Account security

You are responsible for:

• Keeping your credentials confidential.
• All activity carried out with your account.
• Notifying us immediately of any unauthorized use.

Changing your password closes the sessions open on other devices.

3.3 One account per person

Each individual may register only one account. We may suspend or cancel duplicate accounts.

4. Telegram connection

4.1 Connection

To use the Service you must connect your Telegram account to the official Twinyx bot (@TwinyxBot) through Telegram Business, from Telegram's settings (Settings → Telegram Business → Chatbots).

4.2 User responsibility

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

• You are the legitimate holder of the connected Telegram account.
• You are entitled to use Telegram Business under its Terms of Service.
• You take responsibility for the content generated and sent from your account.
• You understand that Twinyx will send messages on your behalf through the Telegram Business bot.
• You agree that Twinyx will send each of your contacts, on your behalf, the artificial intelligence notice required by Article 50 of Regulation (EU) 2024/1689 and the consent request described in section 7. You can reword the text of the notice from your dashboard, but you cannot switch either of them off, and you undertake not to replace them with misleading text or to circumvent them by any means.

4.3 Disconnection

Your Telegram connection is managed with a connection identifier stored in our database. You can disconnect it at any time from the dashboard; to complete the disconnection, also remove @TwinyxBot from your Telegram Business settings.

5. Trial period and subscription

5.1 Trial period

• The free trial lasts the number of days shown on the website when you register: currently 3 calendar days, or 5 if you register with a referral code.
• It starts when you connect your Telegram account, not when you register.
• There is one trial per Telegram account: if that account has already been connected to Twinyx, even under another registration, there is no new trial period.
• It does not require payment details.
• It includes full access to all Pro features.

5.2 Subscription plans

The prices shown reflect our regional pricing tiers, and the final price may vary depending on your location, which is determined automatically when you subscribe. Prices include VAT where applicable. We may change prices by giving you at least 30 days' notice; changes do not affect the period already paid.

5.2.1 Additional Telegram accounts (Pro add-on)

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

5.3 Payment

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

5.4 Non-payment

If a payment fails, your account enters a grace period during which the Service keeps working. If the payment is not settled, the subscription expires and the Service stops.

5.5 Cancellation by the user

• You can cancel your subscription at any time from the Stripe portal.
• When you cancel, you keep access until the end of the period already paid.
• Partial periods are not refunded, except as provided in section 5.6.

5.6 Right of withdrawal

If you contract as a consumer, that is, for purposes outside your business or profession, under Real Decreto Legislativo 1/2007 (the Spanish consumer protection act) you can withdraw from the subscription within 14 calendar days of taking it out, without giving any reason.

• If you ask for the paid Service to start during that period (which happens when you subscribe) and then withdraw, we will refund what you paid minus the part proportional to the Service already provided up to when you tell us your decision (Article 108.3).
• You lose the right once the Service has been provided in full, if it started with your express consent and with your knowledge that you would lose the right at that point (Article 103.a).
• To exercise it, write to admin@twinyx.app stating your decision unequivocally. You can use the model withdrawal form. We will refund the amount within 14 days at most, using the same means of payment.

If you contract for purposes related to your business or profession, you are not a consumer and this right does not apply.

5.7 Referral program

• Each user receives a unique referral code when registering.
• Referred users get an extended trial period (currently 5 days instead of 3).
• Milestones: 3 conversions = EUR 29.99 in credit; 10 conversions = a permanent 15% discount.
• A "conversion" happens when the referred user subscribes to a paid plan.
• Codes are non-transferable and limited to one per user.
• We may suspend the program or revoke benefits in the event of fraudulent use.
• Rewards are non-refundable.

6. Data protection

6.1 Your data

Twinyx processes your account data as controller, as described in the Privacy Policy.

6.2 Your contacts' data

For the data of the people who write to you on Telegram, you are the controller and Twinyx acts as processor on your behalf. The Data Processing Agreement (Article 28 of the GDPR and Article 33 of the LOPDGDD, the Spanish data protection act) forms part of these Terms and prevails over them in matters of data protection.

6.3 Your obligations as controller

• Use the Service only with people who write to you: Twinyx does not start conversations.
• Not circumvent, hide or distort the artificial intelligence notice or the consent request to your contacts.
• Respond to your contacts' rights requests, with Twinyx's help, and not give us instructions that breach the law.
• Upload for style analysis only screenshots of your own conversations and, where possible, hide your contacts' names in them.

7. Adult content, consent and minors

7.1 Between adults only

The Service may be used to sell or offer legal adult content exclusively to people aged 18 or over, and always in accordance with applicable law and Telegram's terms.

Twinyx's artificial intelligence does not write sexually explicit content: it can flirt and offer your services, but when a contact asks for something explicit, it hands the conversation over to you to write it yourself.

7.2 Your contacts' consent

Conversations with your contacts may reveal data about their sex life, which the law gives special protection. That is why, before replying to a contact with artificial intelligence, Twinyx sends them, on your behalf, the AI notice and, except for verified counterparties in a promotion swap (see the Data Processing Agreement), a request for explicit consent with a declaration that they are of legal age. Without their YES, their messages are not processed with AI and the conversation is left to you. Your contacts can withdraw their consent at any time by writing STOP. You cannot switch this request off.

7.3 Minors

• Using the Service to contact minors, or to offer or send them adult content, is prohibited.
• If a contact indicates that they are a minor, the AI automatically stops replying to them and we alert you. You must review the conversation and, if it is confirmed, exclude the contact.
• This automatic stop is a supporting measure: verifying the age of your buyers when the law requires it is your responsibility.
• Zero tolerance: any content involving minors, or intimate content without the consent of the people who appear in it, will lead to the immediate cancellation of the account and to its being reported to the authorities.

8. Promotion swaps (SFS)

• The SFS feature manages promotion swaps with other channels on your behalf: it negotiates the terms within the limits you set, exchanges the promotions and checks the views through screenshots.
• You are responsible for ensuring that your promotions, and those you agree to publish on your channel, are legal and respect the rights of third parties.
• Twinyx does not guarantee that the other channel will honor what was agreed, nor the number of views it declares.

9. Acceptable use

9.1 You undertake to:

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

9.2 It is expressly prohibited to:

• Use the Service for illegal or fraudulent activities, or for activities that infringe the rights of third parties.
• Send content that incites hatred, violence or discrimination, or that is illegal in any applicable jurisdiction.
• Harass, threaten or intimidate others.
• Reverse engineer, decompile or extract the source code of the Service.
• Resell, sublicense or redistribute access to the Service without authorization.
• Use bots, scrapers or automated tools to access the Service outside the functionality offered.
• Intentionally overload the infrastructure of the Service.
• Share your credentials with third parties.
• Connect Telegram accounts of which you are not the legitimate holder.
• Create several accounts to accumulate referral rewards, or offer payments or incentives in exchange for using referral codes.
• Create several accounts to chain free trial periods.

9.3 AI-generated content

• The replies generated by your digital clone are sent on your behalf and are your responsibility.
• Twinyx does not guarantee the accuracy, suitability or legality of automatically generated replies.
• You must review the replies regularly and adjust the configuration when necessary.

10. Intellectual property

10.1 The Service

All intellectual and industrial property rights in the Service (software, design, trademarks, logos, text and source code) belong to BAIXOSAMA INVERSIONES, SL or its licensors.

10.2 The user

You keep all rights in the personality content and example messages you provide, the screenshots you upload and the categories and templates you create.

10.3 License to use

By providing that content, you grant us a limited, non-exclusive and revocable license to use it solely to provide the Service to you. We do not use it to train artificial intelligence models. The license ends when the content or your account is deleted.

11. Suspension and termination

11.1 By the user

You can delete your account at any time from Settings or by writing to admin@twinyx.app. Beforehand, you can download your data from Settings. When you delete it:

• Your subscription is canceled and the bot stops replying.
• Your data and your contacts' data are erased, immediately if you delete your account from Settings. Only the data set out in the Privacy Policy and the Data Processing Agreement is kept, each for its own period.

If you only cancel the subscription without deleting the account, your data is kept so that you can reactivate it.

11.2 By Twinyx

We may suspend or cancel your account if:

• You breach these Terms or applicable law, especially section 7.
• You use the Service abusively or fraudulently.
• You do not settle a missed payment within a reasonable time.
• A competent authority or a court decision requires it.

If the account is canceled for a serious breach, no refunds are made.

12. Limitation of liability

12.1 Availability

The Service is provided "as is" and "as available". We do not guarantee that it will be available without interruption or free of errors: maintenance, connectivity with Telegram or the availability of the AI providers may affect it.

12.2 AI replies

Replies are generated automatically in an attempt to replicate your style, but they may contain inaccuracies, errors or inappropriate content. You are ultimately responsible for the content sent from your Telegram account.

12.3 Damages

To the fullest extent permitted by law, the total liability of Twinyx for any claim arising from the use of the Service is limited to the amount you paid in the 12 months before the event giving rise to the claim. In no event will we be liable for:

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

These limitations do not apply to damage caused by willful misconduct or gross negligence, or where the law does not allow liability to be limited.

12.4 Force majeure

We will not be liable for failures to perform caused by force majeure, such as failures of external providers, changes to the Telegram API, interruptions of AI services, natural disasters or actions by the authorities.

13. Changes to the Terms

We may change these Terms. When we do:

• We will publish the new version with its update date.
• We will notify you in the Service or by email at least 15 days in advance, unless the change responds to a legal obligation that must apply sooner.
• We will ask you to accept the new version to keep using the Service.
• If you do not accept it, you can cancel or delete your account.

14. Communications

Communications about the Service are made electronically (email, notices in the dashboard, notifications and Telegram). By registering, you agree to receive the transactional communications needed to provide the Service to you. We will only send you commercial communications if you give your consent.

15. Applicable law and jurisdiction

• These Terms are governed by Spanish law.
• For any dispute, the parties submit to the Courts of Vigo, without prejudice to the courts that consumers are entitled to under the law.
• If you are a consumer, you can also turn to the consumer arbitration boards (juntas arbitrales de consumo) or to the consumer authority of your autonomous community.

16. General provisions

• Entire agreement: these Terms, together with the Data Processing Agreement, the Privacy Policy and the Cookie Policy, constitute the entire agreement between the parties.
• Language: these Terms are offered in Spanish, English, French and Portuguese. In case of discrepancy, the Spanish version prevails.
• Severability: if any clause is declared void, the rest remains valid.
• No waiver: not exercising a right does not mean waiving it.
• Assignment: you may not assign your rights or obligations without our prior written consent.

17. Contact

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

Annex. Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

• To BAIXOSAMA INVERSIONES, SL, Rua Condesa Casa Barcenas, 11, 36204 Vigo, Pontevedra, Spain, admin@twinyx.app:
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
• Ordered on (*)/received on (*),
• Name of consumer(s),
• Address of consumer(s),
• Signature of consumer(s) (only if this form is notified on paper),
• Date

(*) Delete as appropriate.