Terms of Service

1. Eligibility and Accounts

1.1 Age and parental permission

The Service may be rated 9+ in certain app stores based on content guidelines. However, for legal and safety reasons:

• The Service is not directed to children under 13.
• If you are under 13, you may only use the Service with the consent and active supervision of a parent or legal guardian, and only where such use is permitted by applicable law.
• If you are 13 to the age of majority in your jurisdiction, you may use the Service if your parent or legal guardian has reviewed these Terms and our Privacy Policy and agrees that you may use the Service under their supervision.
• If you are a parent or legal guardian and you allow a child to use the Service, you are responsible for the child's activity on the Service and for ensuring that their use complies with these Terms and all applicable laws.

We do not knowingly permit unsupervised use of the Service by children under 13. If we learn that a child under 13 is using the Service without appropriate permission, we may disable their account.

1.2 Accounts and registration

To use certain features (for example, creating or joining games), you may need to create an account. You agree to:

• provide accurate, current, and complete information;
• keep your login credentials confidential; and
• be responsible for all activity that occurs under your account.

You must not share your account or allow others to use your account. If you suspect unauthorized use of your account, you must notify us promptly at info@twistpartygame.com.

1.3 Device access and carrier charges

You are responsible for obtaining and maintaining all devices, software, and internet connections needed to use the Service and for any data charges or fees imposed by your mobile carrier or internet service provider.

2. Description of the Service

2.1 Overview

Twist is an online party game where users:

• submit images (for example, photos from their device's camera roll, subject to these Terms);
• write text prompts that may be applied via AI models to other players' submitted images;
• receive AI-modified images ("AI Output"); and
• participate in rounds where players vote on the AI Output they prefer.

The Service may also include user profiles, game lobbies, friend lists, in-game chat or reactions, leaderboards, and other social or gameplay features.

2.2 AI functionality and third-party providers

Our AI features are powered by one or more third-party AI providers via APIs. Your images, prompts, and related data may be transmitted to these providers to generate AI Output or provide related services (such as moderation, filtering, or safety checks).

We do not control, and are not responsible for, the availability, behavior, or results of third-party AI services. They may refuse or fail to generate content, modify content in ways you do not expect, or return inaccurate or objectionable content despite safety measures.

2.3 No guarantee of results or availability

We do not guarantee that:

• any particular prompt, image, or game round will produce AI Output;
• AI Output will be accurate, appropriate, lawful, or aligned with your expectations;
• the Service or any feature will be available at any particular time or in any particular location; or
• any data or content will be preserved or recoverable.

We may modify, suspend, or discontinue any part of the Service at any time, with or without notice.

3. User Content and AI Output

3.1 Definitions

"User Content" means any content you upload, submit, create, or otherwise make available through the Service, including images, photos, prompts, text, chat messages, usernames, reactions, and other material.

"AI Output" means any content generated by or via the Service's AI features (including images, captions, and other results) based on User Content or other inputs.

3.2 Ownership

As between you and Twist:

• You retain whatever rights you may have in your original User Content, subject to the license you grant us in Section 3.3.
• We and/or our licensors own all rights in and to the Service, including software, design, game mechanics, audiovisual elements, and other content (excluding User Content and AI Output).

The legal treatment of AI-generated content may vary by jurisdiction and may be unsettled. We make no representation or warranty about the existence, scope, or enforceability of intellectual property rights in AI Output under any law. You are solely responsible for determining whether and how you may use AI Output in light of applicable laws and third-party rights.

3.3 License you grant to Twist (User Content)

By uploading, submitting, or creating User Content, you grant Twist a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to:

• host, store, reproduce, display, adapt, modify, process, and distribute your User Content;
• create derivative works of your User Content; and
• use your User Content to operate, provide, maintain, secure, and improve the Service (including game features, AI models, moderation, safety systems, and analytics).

This license continues for as long as your User Content is stored by us and, where reasonably needed, for a limited period after you remove User Content or close your account to:

• maintain backups and logs;
• enforce these Terms;
• comply with legal obligations; and
• support functionality where your User Content has been integrated into shared game histories, aggregated or de-identified data, or AI training signals (to the extent permitted by applicable law and our agreements with third parties).

Where we wish to use identifiable User Content (for example, your images or username) for separate promotional or marketing purposes, we will either obtain additional consent or provide an opt-in mechanism where required by law.

3.4 License we grant to you (AI Output)

Subject to these Terms, applicable law, and any restrictions imposed by third-party AI providers, we grant you a non-exclusive, worldwide, royalty-free license to use, reproduce, display, modify, and share AI Output generated through your account for lawful purposes.

This license:

• does not grant you any rights to use AI Output in a way that infringes or misappropriates the rights of any person or entity (including copyright, trademark, privacy, or publicity rights);
• does not permit you to imply endorsement, sponsorship, or association with any person or brand without their consent; and
• may be limited by additional policies or terms we make available in the Service.

You are solely responsible for your use of AI Output and for ensuring that such use complies with all applicable laws and third-party rights.

3.5 Your responsibilities and representations

By submitting User Content (including images of people), you represent and warrant that:

You own or have obtained all necessary rights, licenses, permissions, and consents to upload and use the User Content in connection with the Service and to grant the license in Section 3.3, including:

• rights from the photographer or copyright holder; and
• valid consent from identifiable individuals in the images where required by law, particularly for minors.

Your User Content, and your use and sharing of it through the Service:

• does not infringe any copyright, trademark, trade secret, moral right, privacy, publicity, or other right of any person or entity;
• does not violate any applicable law or regulation; and
• complies with these Terms, including Section 4 (Prohibited Content and Conduct).

You must not submit any User Content that you are not legally permitted to use, share, or process in this way.

3.6 Other users' content

In the game, you may see User Content and AI Output associated with other users. You agree that you will not:

• use screenshots, recordings, or captures of other users' content for any purpose that violates these Terms or applicable law;
• share other users' content outside the Service in a way that is defamatory, harassing, invasive of privacy, or otherwise harmful; or
• claim ownership of or commercialize other users' content or likeness without their consent and without complying with applicable law.

We are not responsible for user behavior outside the Service.

4. Prohibited Content and Conduct

You agree not to use the Service (or attempt to use the Service) to upload, generate, request, or share any content (including User Content or AI Output) that:

Is illegal or promotes illegal activity, including:

• child sexual abuse material or any sexualized depiction of minors (real or generated);
• exploitation, trafficking, or grooming;
• terrorism, serious violence, or criminal activity.

Is harmful to minors, including:

• content that sexualizes minors or depicts them in inappropriate situations;
• content that encourages self-harm, dangerous activities, or other behavior that may reasonably be expected to cause physical or psychological harm.

Is harassing or abusive, including:

• targeted harassment, threats, or bullying;
• doxxing or publishing private information without consent;
• hate speech or incitement based on protected characteristics (such as race, ethnicity, religion, disability, gender, or sexual orientation).

Is sexually explicit, pornographic, or excessively violent, including:

• nudity intended for sexual arousal;
• depictions of sexual acts;
• graphic violence or gore.

Infringes or misappropriates intellectual property or other rights, including:

• unlicensed use of copyrighted material;
• reproducing or generating content that is likely to infringe trademarks, logos, characters, or other protected works;
• deepfakes or synthetic media used to impersonate real individuals in a misleading, defamatory, or harmful way.

Is deceptive, fraudulent, or malicious, including:

• phishing, scams, or impersonation;
• generating content intended to defraud or manipulate others;
• spreading disinformation likely to cause harm.

Attempts to bypass safety systems, including:

• intentionally crafting prompts to evade filters or policies;
• probing the Service to find vulnerabilities or exploit model behavior.

You also agree not to:

• access the Service by automated means (bots, scrapers, or similar) without our prior written consent;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Service, except where permitted by law;
• interfere with or disrupt the Service, servers, or networks; or
• use the Service in any manner that could disable, damage, or impair it, or interfere with other users' enjoyment.

5. Moderation; Enforcement; Reporting

We may (but are not obligated to):

• monitor, review, filter, or moderate User Content and AI Output (manually and/or with automated tools);
• remove, restrict, or refuse to display any content that we believe violates these Terms, the law, or third-party rights; and
• limit, suspend, or terminate access to the Service for users we believe have violated these Terms, abused the Service, or pose a risk to others.

We are not obligated to monitor all content and cannot guarantee that inappropriate content will never appear in the Service. You use the Service at your own risk, and you understand that you may be exposed to content you find offensive or objectionable.

If you believe content on the Service violates these Terms or your rights (including copyright, privacy, or other rights), please contact us at info@twistpartygame.com with sufficient detail for us to evaluate your claim.

6. Intellectual Property; Copyright Notices

6.1 Our IP

Except for User Content and AI Output as described above, all content and materials in the Service—including software, code, design, text, graphics, logos, sounds, animations, and other audiovisual elements—are owned by Twist or its licensors and are protected by intellectual property laws. We reserve all rights not expressly granted to you.

6.2 License to use the Service

Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• download and install a copy of the App on a device you own or control; and
• access and use the Service for your personal, non-commercial entertainment purposes only.

You may not use the Service for commercial purposes without our prior written consent.

6.3 Copyright complaints

If you believe that content available through the Service infringes your copyright, please send a detailed notice to info@twistpartygame.com that includes:

• your full name and contact information;
• identification of the copyrighted work you claim is infringed;
• identification of the allegedly infringing material (including URLs, usernames, and screenshots if applicable);
• a statement that you have a good-faith belief that the challenged use is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.

We may remove or disable access to allegedly infringing content and may terminate accounts of repeat infringers where appropriate.

7. Third-Party Services and Links

The Service may rely on or integrate with third-party services (including AI providers, hosting providers, analytics tools, payment processors, and app stores) and may contain links to third-party sites or apps.

We do not control and are not responsible or liable for:

• the content, policies, or practices of third-party services;
• their availability, performance, or security; or
• any damages or losses arising from your use of them.

Your use of third-party services is subject to their own terms and privacy policies. We encourage you to review them carefully.

8. In-App Purchases and Virtual Items

If the Service offers in-app purchases or virtual items (for example, game credits, cosmetic items, or extra rounds):

• Purchases are processed by your app store provider (e.g., Apple) and are subject to their terms and policies. We do not store your full payment card details.
• Virtual items and game credits have no cash value, are non-transferable, and are not redeemable for cash or refunds.

Unless required by law or by platform policy:

• We are not obligated to provide refunds for unused or lost virtual items, including where your account is suspended or terminated for violating these Terms or where we modify or discontinue any feature.

Parents/guardians are responsible for monitoring and managing in-app purchases made by minors using their devices or accounts.

9. Disclaimers

To the maximum extent permitted by applicable law:

"AS IS" and "AS AVAILABLE." The Service (including AI Output) is provided on an "AS IS" and "AS AVAILABLE" basis without warranties or conditions of any kind, express or implied.

No warranties. We disclaim all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment, and any warranties arising out of course of dealing or usage of trade.

AI limitations and content risks. We do not warrant that AI Output will be accurate, safe, lawful, or suitable for any purpose; that it will not be offensive, objectionable, or resemble real persons or third-party content; or that prompts will always generate AI Output. You acknowledge that AI technology is probabilistic and may produce unexpected results, and you use AI Output at your own risk.

No guarantee of availability or security. We do not guarantee that the Service will be uninterrupted, secure, or error-free; that defects will be corrected; or that the Service or servers are free of viruses or other harmful components.

No professional advice. The Service and AI Output are provided for entertainment purposes only and do not constitute legal, medical, financial, or any other professional advice.

Some jurisdictions do not allow certain disclaimers. In such cases, the disclaimers will apply to the maximum extent permitted by law.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

Exclusion of certain damages. Twist and its directors, officers, employees, contractors, affiliates, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, goodwill, data, or business opportunities, arising out of or related to your use of (or inability to use) the Service, User Content, or AI Output, even if we have been advised of the possibility of such damages.

Cap on direct damages. Our total aggregate liability for all claims arising out of or relating to the Service, User Content, AI Output, or these Terms will not exceed the greater of:

• the total amounts you have paid directly to us (if any) for use of the Service in the six (6) months prior to the event giving rise to the claim; or
• CAD $50.

Scope and cumulative nature. The foregoing limitations and exclusions apply to all legal theories of liability, whether based on contract, tort (including negligence), strict liability, or any other theory, and even if any limited remedy fails of its essential purpose.

Non-excludable rights. Nothing in these Terms is intended to exclude or limit liability where such exclusion or limitation is not permitted by law. In such cases, our liability will be limited to the minimum extent permitted by law.

These limitations are fundamental elements of the basis of the bargain between you and us and apply to all claims, including any not specifically described above.

11. Indemnity

You agree to indemnify, defend, and hold harmless Twist and its directors, officers, employees, contractors, affiliates, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• your use or misuse of the Service, User Content, or AI Output;
• your violation of these Terms or any applicable law; or
• your violation of any rights of a third party (including intellectual property, privacy, or publicity rights).

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us.

12. Suspension and Termination

We may suspend, restrict, or terminate your access to the Service (in whole or in part), or deactivate or delete your account, at any time, with or without notice, if we believe, in our sole discretion, that:

• you have violated these Terms or applicable law;
• your use of the Service poses a risk to other users, third parties, or the Service; or
• it is necessary to protect our rights, property, or reputation.

You may stop using the Service and delete your account at any time.

Upon termination:

• your right to use the Service will cease;
• we may delete or deactivate your account and associated data, subject to our Privacy Policy and applicable law; and
• certain provisions of these Terms will survive, including Sections 3–5 and 8–16.

13. Changes to the Service or Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date above and, where appropriate, provide additional notice (for example, in-App or by email).

Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the changes. If you do not agree, you must stop using the Service.

14. Governing Law and Dispute Resolution

These Terms and your use of the Service are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.

You agree that any disputes arising out of or relating to these Terms or the Service will be brought exclusively in the courts located in Ontario, Canada, and you consent to the personal jurisdiction of those courts.

Where prohibited by law, you may have additional rights and remedies that cannot be waived by contract.

To the maximum extent permitted by law, you and Twist agree that:

• any claims must be brought on an individual basis only, and not as a plaintiff or class member in any purported class, collective, or representative action; and
• class, collective, and representative actions are waived.

15. App Store Terms and Third-Party Beneficiaries

If you downloaded the App from the Apple App Store or another app store:

• Your use of the App is also subject to the terms and conditions of the applicable app store;
• The app store provider may be a third-party beneficiary of these Terms as they relate to your use of the App, and may enforce these Terms against you.

16. Miscellaneous

Entire Agreement. These Terms constitute the entire agreement between you and Twist regarding the Service and supersede any prior or contemporaneous agreements regarding the Service.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any provision of these Terms will not be deemed a waiver of that provision.

Assignment. You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may assign these Terms at any time without restriction.

Language. If these Terms are translated into other languages, the English version will govern to the extent of any conflict, except where prohibited by local law.

17. Contact

If you have questions about these Terms, please contact us at:

1001435496 ONTARIO INC. (Twist)
Email: info@twistpartygame.com