Terms of Service

• Service means the Twendie software-as-a-service platform, including the websites at https://twendie.com, associated applications, APIs, and related support.
• Customer Data means information, files, messages, itineraries, branding assets, and other content that Customer or its Authorised Users submit to or generate within the Service, including personal data of End Users.
• End User means a traveller, prospect, or other individual whose data Customer processes using the Service (for example, Customer's own clients).
• Authorised User means an individual Customer permits to access the Service under Customer's account, such as an employee or contractor.
• Order Form means an online checkout, subscription page, or written order that identifies the plan, fees, and term.
• Documentation means the product documentation we make available for the Service.

Twendie is an operating platform for travel professionals. It includes, subject to your plan:

• AI-assisted conversations and itinerary drafting;
• itinerary building, pricing rules, and batch calculations;
• customer relationship management and pipeline tools;
• multi-channel messaging (including web forms, email, and connected channels);
• branded public share links;
• a dashboard, APIs, and related support.

Features, limits, and included sub-processors may change. We will not materially reduce the functionality of the Service during a paid term without giving Customer a right to terminate for material reduction and receive a pro-rata refund of pre-paid, unused fees.

To use the Service, Customer must register an account and keep account information accurate. Customer is responsible for its Authorised Users and for all activity under its account, including:

• maintaining the confidentiality of credentials and enabling MFA where offered;
• ensuring Authorised Users comply with these Terms;
• notifying us promptly of any suspected unauthorised access.

We may suspend accounts or individual users if we reasonably believe continued access poses a security, legal, or abuse risk.

Customer and its Authorised Users must comply with our Acceptable Use Policy, which forms part of these Terms. Without limiting that policy, you must not:

• use the Service for any unlawful, fraudulent, or infringing purpose;
• send unsolicited bulk communications or violate applicable anti-spam and e-marketing laws;
• attempt to gain unauthorised access, interfere with the Service, or circumvent usage limits;
• reverse engineer, decompile, or scrape the Service other than as expressly permitted by law;
• input data you are not entitled to process, or special categories of personal data we have not agreed to receive (for example, health, biometric, or government-issued identifiers beyond those reasonably needed to plan travel);
• use AI-assisted outputs to generate advice on regulated matters (legal, medical, tax, financial) that are presented to End Users as coming from a qualified professional when they are not.

Customer owns Customer Data. Customer grants us a non-exclusive, worldwide licence to host, process, transmit, and display Customer Data solely to provide, secure, and improve the Service and to meet legal obligations.

When we process personal data on Customer's behalf, we do so as a processor under the Data Processing Addendum, which is incorporated by reference. Our overall privacy practices are described in the Privacy Policy.

Customer is responsible for (a) the accuracy and lawfulness of Customer Data, (b) obtaining all necessary consents and providing all required notices to End Users, and (c) the content of communications it sends using the Service.

The Service uses AI models to help draft responses, build itineraries, and generate pricing suggestions. AI outputs are probabilistic and may be inaccurate, incomplete, or out of date.

• You must review AI outputs before relying on them or presenting them to End Users.
• We do not warrant that AI outputs are accurate, appropriate, or suitable for any particular purpose.
• You are responsible for ensuring outputs comply with applicable law, including consumer protection, advertising, and travel regulations.
• We instruct our AI sub-processors not to use Customer Data to train their general foundation models.

The Service integrates with third-party providers (for example, Google Maps and Places, email providers, billing processors). Customer's use of those integrations is subject to the providers' own terms, including the Google Maps Platform Terms of Service.

Twendie is not a travel agency, tour operator, airline, hotel, or merchant of record for bookings. When a booking is made through the Service, the contract for travel services is between the relevant End User, Customer, and the travel provider. Twendie does not guarantee availability, pricing, or performance of third-party travel services, and is not liable for their acts or omissions.

Customer will pay the fees stated on the applicable Order Form or subscription page. Except as set out in the Refund & Subscription Terms, fees are non-refundable.

• Subscriptions renew automatically for successive terms equal to the original term unless cancelled before renewal as described in the Refund & Subscription Terms.
• Fees are exclusive of taxes. Customer is responsible for applicable taxes (including Kenya VAT and any indirect taxes in Customer's jurisdiction), other than taxes on our income.
• If Customer is past due, we may suspend the Service, charge interest at the lesser of 1.5% per month or the maximum allowed by law, and recover reasonable collection costs.
• We may change fees for renewal terms by giving at least 30 days notice before the renewal.

These Terms apply from the date you first accept them and continue until terminated as set out below.

Twendie and its licensors own the Service, Documentation, and all related intellectual property. Except for the limited right to use the Service set out in these Terms, no rights are granted by implication, estoppel, or otherwise.

If Customer provides feedback or suggestions, Twendie may use them without restriction or obligation.

Each party agrees to protect the other's non-public information disclosed in connection with the Service using the same degree of care it uses for its own confidential information, and not less than reasonable care. Confidentiality obligations do not apply to information that is or becomes public without fault, is independently developed, or is lawfully received from a third party without restriction.

Each party represents that it has the authority to enter into these Terms. We warrant that the Service will materially conform to the Documentation during the term of a paid subscription.

Except for the express warranties above, the Service is provided "as is" and "as available," and Twendie disclaims all other warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or trade usage.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenue, goodwill, or data, even if advised of the possibility of such damages.

Each party's aggregate liability arising out of or related to these Terms will not exceed the fees paid or payable by Customer to Twendie during the 12 months preceding the event giving rise to the claim.

These limitations do not apply to (a) breach of the Acceptable Use Policy, (b) infringement of the other party's intellectual property rights, (c) a party's indemnification obligations, or (d) liability that cannot be limited under applicable law (including gross negligence, fraud, or wilful misconduct, and certain consumer rights that cannot be waived).

By Customer. Customer will defend and indemnify Twendie against third-party claims arising from (a) Customer Data, (b) Customer's or its Authorised Users' breach of these Terms or applicable law, or (c) Customer's communications with or bookings for End Users.

By Twendie. Twendie will defend and indemnify Customer against third-party claims alleging that the Service, when used as permitted, infringes such third party's intellectual property rights. The indemnity does not apply to claims arising from Customer Data, modifications not made by us, or combinations of the Service with items not provided by us.

Indemnification is the indemnifying party's sole liability and the indemnified party's exclusive remedy for the matters covered. Each party must give prompt written notice, reasonable cooperation, and sole control of the defence and settlement to the indemnifying party.

Neither party is liable for failures or delays caused by events beyond its reasonable control, including internet or cloud provider outages, strikes, war, terrorism, civil disturbance, pandemic, government action, or natural disaster. Payment obligations are not excused.

These Terms are governed by the laws of the Republic of Kenya, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

The parties will first attempt to resolve any dispute in good faith through discussions between senior representatives. If not resolved within 30 days, the dispute will be finally resolved by the competent courts sitting in Nairobi, Kenya, to which the parties submit to exclusive jurisdiction, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Nothing in this section overrides mandatory consumer rights that cannot be waived under the laws of the place where an End User or individual user habitually resides.

Each party will comply with applicable export control, sanctions, and anti-corruption laws, including those of Kenya, the United Nations, the United States, the United Kingdom, and the European Union. Customer will not use the Service in a manner that would cause Twendie to violate these laws.

• Entire agreement. These Terms, the Acceptable Use Policy, Privacy Policy, DPA (where applicable), Refund & Subscription Terms, and any Order Form form the entire agreement between the parties regarding the Service and supersede prior agreements on the subject.
• Changes. We may update these Terms from time to time. For material changes, we will give at least 30 days notice before they take effect for existing paid subscriptions. Continued use after the effective date constitutes acceptance.
• Assignment. Customer may not assign these Terms without our written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, financing, or sale of assets.
• Notices. Notices to Twendie must be sent to legal@twendie.com. We may give notices via email to the address on file or via the Service.
• Severability and waiver. If a provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
• Independent contractors. The parties are independent contractors; these Terms do not create an agency, partnership, or joint venture.
• No third-party beneficiaries. These Terms do not create rights in any third party, except as expressly stated.

Questions about these Terms? Email legal@twendie.com or write to: Neonworks Consulting Limited, Ruaka, Banana Road, Nairobi, 00400, Kenya.