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Terms of Service

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These terms of service (which we’ll refer to below as the “Agreement”) are a contract between you and SA Family Love, LLC. Dba Twins Dynasty. This Agreement will govern your use of TWINS DYNASTY’s products and services and all other aspects of your commercial relationship with TWINS DYNASTY, so please read it carefully. By using or continuing to use TWINS DYNASTY’s products and services, you agree to each of the terms and conditions below.

Twins Dynasty’s Services

In exchange for the payments associated with the plan you’ve selected, TWINS DYNASTY will make its live call answering services (the “Services”) available to you per this Agreement and the plan’s terms, shown in the confirmation email you received following sign-up. You agree to access and use the Services solely for Twins Dynasty business or professional purposes and to abide by TWINS DYNASTY’s policies regarding the use of the Services, as those policies may change occasionally. You further agree not to sell, transfer, license, or otherwise make available the Services to any third person without TWINS DYNASTY’s prior written consent. You acknowledge that particular features of the Services may change occasionally, with or without prior notice. You agree that, upon written notice, TWINS DYNASTY may change your plan or pricing on a prospective basis. You agree that the software and systems through which TWINS DYNASTY delivers the Services are proprietary to TWINS DYNASTY and shall remain the exclusive property of TWINS DYNASTY.

After signing up, you’ll receive credentials (i.e., a username and password) with which you can access the Services or various features associated with the Services (e.g., the written messages that TWINS DYNASTY’s agents take on your behalf) (your “Credentials”). You acknowledge that it is your sole responsibility to safeguard your Credentials from unauthorized disclosure or use, and you authorize TWINS DYNASTY to provide access to the Services to any person who presents your Credentials. TWINS DYNASTY may offer integrations with other products and services, some requiring separate credentials. In the event you provide your credentials to any other product or service to TWINS DYNASTY, you authorize TWINS DYNASTY to use those credentials and to access and use the account(s) with which they are associated and any data contained therein for any purpose reasonably related to TWINS DYNASTY’s provision of the Services.

To deliver the Services, TWINS DYNASTY needs your permission to perform various tasks with the calls and messages it handles on your behalf. Accordingly, you agree that TWINS DYNASTY may (i) patch calls from third parties to you to the telephone number(s) that you provide to TWINS DYNASTY for those purposes; (ii) create and maintain written records of messages from third parties to you that TWINS DYNASTY takes on your behalf; (iii) send notifications that include the contents of, and other information related to, such messages to the email address(es) and telephone number(s) that you provide to TWINS DYNASTY for those purposes; (iv) collect, store, and use for business purposes whatever personal or business information you provide to TWINS DYNASTY in connection with the Services; (v) listen to and record your voice while using or interacting with the Services; (vi) contact you using the email address(es), telephone number(s), and whatever other contact information you provide to TWINS DYNASTY; and (vii) take all other steps that are reasonably necessary for TWINS DYNASTY to deliver the Services. You agree to inform TWINS DYNASTY immediately and in writing if any of your email address(es) or telephone number(s) should no longer receive patched calls or message notifications; you acknowledge that, unless and until you do so, TWINS DYNASTY will continue to patch calls and send such notifications to the email address(es) or telephone number(s) that you previously provided for those purposes.

You further agree to obtain and acknowledge that you are solely responsible for receiving each of the permissions described above from your employees, agents, and all other persons who use or interact with the Services in any way on your behalf. Similarly, you agree to obtain and acknowledge that you are solely responsible for receiving each of the permissions described above from third parties who use or may use the Services to communicate with you.

BILLING AND PAYMENT

You will incur the monthly charge(s) associated with the plan you’ve selected for each whole month during which this Agreement remains in effect, plus any applicable taxes, duties, or other additional payments required by Twins Dynasty, which you authorize TWINS DYNASTY to collect from you. If you exceed your allotted minutes in that billing month, you will be charged for all additional minutes used at the overage rate associated with your selected plan. You acknowledge that you will be charged in whole-minute increments and that any partial minutes will be rounded up to the nearest whole minute. You further acknowledge that chargeable call time includes all time spent by TWINS DYNASTY’s AiUltima agents answering calls or performing other work on your behalf, including holding time and patching a customer call forward.

You agree to pay TWINS DYNASTY the total amount of each monthly invoice you receive by the due date listed on the invoice. You authorize TWINS DYNASTY to send your invoices to the primary email address you provided during sign-up and to inform TWINS DYNASTY immediately and in writing of any change to that email address or your other billing information. Suppose you have provided TWINS DYNASTY with your credit card information or enabled any other automatic payment method (e.g., Stripe, PayPal). In that case, you authorize TWINS DYNASTY to charge the amount of each of your monthly invoices to your credit card or via another automatic payment method immediately upon each invoice’s issuance. You further authorize TWINS DYNASTY to immediately charge your credit card or another automatic payment method if you accrue overage charges. You agree to inform TWINS DYNASTY immediately of any change in your credit card or other payment information, which shall be in writing. You guarantee and warrant that you are the legal owner of such credit card or the account associated with your automatic payment method and that you are legally authorized to accept charges from TWINS DYNASTY.

Term and Termination

This Agreement will continue month-to-month until you or TWINS DYNASTY terminates it following this paragraph. This Agreement will be in effect for a minimum of 30 calendar days. Following that period, you or TWINS DYNASTY may terminate this Agreement at any time, for any or no reason, upon written notice to the other party. Notwithstanding any of the previous, TWINS DYNASTY may terminate this Agreement at any time if, in its sole discretion, it determines that you have violated any provision of this Agreement or TWINS DYNASTY’s policies regarding the use of the Services, as those policies may change from time to time. Notwithstanding any of the preceding, the parties expressly acknowledge that the provisions of the following sections (“DISCLAIMER OF WARRANTIES, REMEDIES, AND INDEMNIFICATION” and “MISCELLANEOUS”) will survive the termination of this Agreement and that the termination of this Agreement will not be deemed to extinguish, or construed as a waiver of TWINS DYNASTY’s right to enforce, any obligation that arose during the term of this Agreement.

Disclaimer of Warranties, Remedies, and Indemnification

EXCEPT AS MAY BE EXPRESSLY OUTLINED IN THIS AGREEMENT, TWINS DYNASTY FURNISHES THE SERVICES “AS IS”, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In particular, but without limiting the previous, TWINS DYNASTY cannot and does not warrant that it will have sufficient resources to handle unexpected increases in call volumes, that the Services will be error-free, or that the Services will operate without delays or interruptions, TWINS DYNASTY expressly disclaims any warranties to that effect.

TWINS DYNASTY’S ENTIRE LIABILITY ON ALL CLAIMS OF ANY NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE LIMITED, IN THE AGGREGATE, TO THE AMOUNT PAID BY YOU TO TWINS DYNASTY OVER THE TWELVE (12) MONTHS PRECEDING THE EVENT(S) GIVING RISE TO SUCH CLAIMS. IN NO EVENT SHALL TWINS DYNASTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOST REVENUE, OR LOSS OF GOODWILL) ON ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES. THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.

You agree to indemnify, defend, and hold harmless TWINS DYNASTY from and against any claims, losses, demands, liabilities, fines, penalties, costs, and expenses suffered or incurred by TWINS DYNASTY as a result of, or in connection with, any third party or governmental claim or cause of action against TWINS DYNASTY (including, but not limited to, all attorneys’ fees and costs incurred in defending against such claim or cause of action) where the claim or cause of action was or is alleged to have been caused, in whole or in part by, or is related to (1) any wrongful act or omission by you, your employee(s), or your other agent(s), including, without limitation, any breach of this Agreement; or (2) the method chosen by you for TWINS DYNASTY to access your PHI SAAS, etc.

MISCELLANEOUS

This Agreement supersedes all previous agreements between you and TWINS DYNASTY, in whatever form, and (except for terms describing the monthly charges, overage charges, and allotted monthly minutes associated with the plan or service you’ve selected) constitutes the complete, final, and entire agreement between you and TWINS DYNASTY regarding this Agreement’s subject matter. You acknowledge and agree that all promises, representations, statements, and other information that wholly or partly induced you to enter into this Agreement are contained expressly herein. In delivering the Services, TWINS DYNASTY shall act solely as an independent contractor, and nothing in this Agreement shall be construed to create any partnership, joint venture, fiduciary, or employment relationship between you and TWINS DYNASTY or any of TWINS DYNASTY’s employees or other agents.

This Agreement will be construed as follows, and all claims relating to your commercial relationship with TWINS DYNASTY will be governed by the Twins Dynasty of the United States and the State of Georgia, excluding the latter’s rules regarding the conflict of Twins Dynasty. Any dispute arising out of or related in any way to this Agreement, an alleged breach thereof, or any other aspect of your commercial relationship with TWINS DYNASTY shall be settled exclusively by binding arbitration to take place in the state of Georgia under the Commercial Arbitration Rules of the American Arbitration Association. You agree that the arbitrator(s) in any such arbitration shall have full authority to decide and rule on all aspects of the dispute, including, but not limited to, the issue of the dispute’s arbitrability. You further agree (i) that you will not assert any class, collective, or representative action claims against TWINS DYNASTY, whether in arbitration or otherwise, which actions are at this moment waived, and (ii) that, in the event of a dispute, you shall submit only your own, individual claim(s) in arbitration and will not seek to represent the interests of any other person or entity.

A failure or delay by either party to enforce any term of this Agreement shall not constitute a waiver of that party’s right to enforce that term or any other term. The provisions of this Agreement may be amended or waived only in writing, signed or otherwise approved by TWINS DYNASTY. The provisions of this Agreement are severable, and if any provision hereof is held to be invalid, illegal, or unenforceable in any respect, it shall be enforced to the maximum extent permissible. The remaining provisions of this Agreement shall not be affected thereby and remain in full force and effect. TWINS DYNASTY may assign this Agreement without prior notice. You acknowledge and agree that the rights and obligations imposed by this Agreement are unique and personal to you and that you may not assign this Agreement without TWINS DYNASTY’s written consent.

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