Please carefully read the following Terms of Service before registering for and using the Twist.my Service.
If you are registering for the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.
It is important to note that the functionality of the Service is time-dependent and these Terms represent the functionality as of now. It is possible that earlier versions of the Service do not support all the functionalities as described below. Please reference the Windows Notes and Mac Notes for previous account versions.
You agree to provide us with accurate and complete information when you create an twist.my Account (your "Account"). In order to prevent unauthorized access to your Account, you agree to keep your password and other Account details confidential and not share them with anyone else
You, as the Account holder, are solely responsible for access to, content in or sharing and use of your Account. We are not liable for any loss or damage arising from any access to, content in, or sharing and use of your Account. If you believe there has been unauthorized access to your Account, you must notify [email protected] immediately.
By using the Services, you agree that you:
If there is suspicion that an account is being used for storage and distribution of any illegal material such as copyrighted content, we reserve the right to examine the content of the online storage and backup account. We may also access the account and data for support related activities. We normally do not review, inspect, edit or monitor any content, data or files stored by you or any other user of the Service. We reserve the right to refuse, remove or disable access to any data or files stored on our servers with immediate effect that we determine may be illegal, may violate these Terms, may violate the rights of any third party or otherwise may be reasonably objectionable. For absolute privacy, we recommend use of the private encryption key which allows use of a key known only to the user in addition to the basic account credentials.
Automatic Renewal - Paid Plans
In exchange for use of the Services, you authorize a recurring monthly or annual charge to your credit card. The recurring charge will be at the published standard plan that is chosen at the time of sign-up or to a customized quote provided for your specific use. You also agree that the enrolment for the next service period is automatic and paid in advance.
Please note that we may automatically receive updated credit card information from our merchants from time to time in cases where your account is issued a new card number or your credit card expires. However, we still advise you update your card manually from your account screen when changes to your account information occur. We need a credit card on file while the account is active.
If we are unable to execute any applicable charges due to credit card denial or for any other reason, you will be notified via email. In case of non-action by the user, the account may be cancelled. We may delay Account cancellation related to non-payment for the Services and provide a grace period of up to thirty (30) days from the due date to allow for the customer to arrange payment. If the account is cancelled for any reason, user data and its backups will be removed from our storage servers. If you have used the Local Backup feature, you will NOT be able to access data from your external drive as well.Taxes
You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. twist.my can rely on the name and address you provide to twist.my as being the place of supply for sales tax, income tax, and SST purposes.Discrepancies
Your right to raise a billing discrepancy and any associated recovery is waived unless reported to us by calling our customer support line or emailing us at [email protected] within sixty (60) calendar days after such discrepancy is charged to your credit card.Cancellation & Refunds
You must cancel your Account before it renews each month or year in order to avoid a charge for the next month's or year's fees to your credit card. Please note on cancellation, refunds are issued if account is cancelled within fifteen (15) days of its creation date. After 15 days, pro-rated refunds are issued on a case-by-case basis subject to eligibility.
We will not issue any pro-rated refunds for the remaining period of a month when an account with a monthly subscription plan ("current plan") is downgraded to a smaller plan ("new plan") (a plan that costs less per month than the current plan) during the middle of a month. However the rate applicable to the new plan will automatically be charged starting the first of the subsequent month.
For yearly accounts created after November 23, 2011, you have the option of disabling auto-renewal and your account will terminate at the end of your annual term. Please note that ALL of your data will be deleted when your account is terminated. No pro-rated refunds will be issued for the time remaining in your annual subscription if you choose to disable auto-renewal. If you’d like to close your account prior to the end of your annual subscription term, please contact our support team at [email protected]Overuse - Paid Plans
Certain paid accounts are allowed to use storage space beyond the chosen plan's quota limit. This is designed to allow uninterrupted backups in case the usage exceeds the quota limit. However, for usage beyond the quota limit, there maybe an overuse charge at the rate of RM1/GB/month for Personal plan and RM2/GB/month for Enterprise plans. While it is not necessary, we encourage users to upgrade to one of the higher storage plans if their usage exceeds the quota limit for their chosen plan to avoid the overuse charges. Upgrades may involve additional charges.
The quota limit for sub-accounts may work differently than the regular accounts. Depending on the configuration, exceeding the quota limits may result in a hard stop on the backups.Free Accounts
We reserve the right to terminate Free Accounts at any time, with or without notice. Without limiting the foregoing, if a Free Account is inactive for ninety (90) days, then we reserve the right to terminate the Free Account without providing additional notice. An inactive account is an account where no sign in has occurred either automatically or manually for a specified period of time.Personal and Enterprise Accounts
Personal accounts are for personal and home use only. Businesses must choose Enterprise Plans. As with many services like broadband providers, there may be substantial pricing, storage and functionality differences between personal and business accounts.
You are solely responsible for any consequences arising out of your failure to maintain the confidentiality of your Account password and/or encryption password. You will notify us of any unauthorized use or breach in security of your Account immediately after you learn of such unauthorized access or use. We advise frequent changes to the Account password for better security. The automated forget password option works on the assumption that only the account holder has access to the email address on record. In case the user does not have access to the email address, other means of verification may be used including billing/credit card information to verify identity.
We may collect IP addresses for the purposes of system administration and/or to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our policies, Terms, or to protect our service, site, customers, or others. Some services, such as user logs and registration emails, may also display IP addresses.
Based on the protection level of primary production devices, we may or may not keep redundant backups of the primary production data. This decision may be made based on RAID level, distributed nature of the file system where user account resides and other criteria. If there is no redundant backup of primary production data, we may not be able to recover data in the event of failure and we may need to initiate a fresh backup of user data.
The general guideline to users is that we strongly recommend a local backup of user data on premise. twist.my now has local backup capability with encryption and private key support and we strongly encourage our users to make full use of this. This feature is offered for no additional fee. Online or Cloud Backup should always be a complementary solution to local backup and not be the ONLY solution.
Due to relatively large sizes of storage devices, some of the recovery and repair efforts in the event of a failure may take many days or weeks, and is not guaranteed. We may request a fresh backup from users via the twist.my Express service to expedite in cases where there is a suspected loss or corruption of data due to hardware or software failures, or just via the online backup process. Users will need an active twist.my subscription to avail the twist.my Express service.
It is critical that users do not remove the data on their local computer that they backed up to twist.my and keep only one copy of data on twist.my. In the event of hardware or software errors at the twist.my end and subsequent re-backups either via online or via express, this may still leave users without some of their data if the data is removed from their desktop that they may eventually need for restore. Again, we strongly recommend not to use twist.my as the only source of your data backup, a local copy is strongly recommended.
We allow you to retain and restore up to thirty (30) previous versions of all files backed up to your account. Versions do not count against your quota limit, however if the amount of space required to maintain previous versions exceeds two times the actual storage being used, we reserve the right to limit the number of versions retained for your account. We advise you to audit your logs for the desktop application completely including individual entries for files and total count periodically to ensure that the backups are taking place successfully and in case of errors, take corrective action.
twist.my requires periodic review, at least on a weekly basis to verify the execution of backups because backups may fail for any number of reasons including but not limited to, internet connectivity issues, authentication issues, firewall, blocks by anti-virus programs, system configuration changes to the computer, etc. You should also periodically update the backup client to the most recent version. Release Dates are posted on the product download pages. We highly recommend that a maximum count of five computers per sub-account (while there is no enforced limit) must be maintained for best performance and reliability. We also recommend using private encryption key for additional security.
The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AT YOUR OWN RISK. twist.my INC., ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. twist.my MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.
IN NO EVENT SHALL twist.my OR ITS AFFILIATES, AGENTS, ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR (I) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN REGARDLESS OF LEGAL THEORY, WHETHER OR NOT twist.my INC. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES WILL BE LIMITED TO THE GREATER OF RM100.00 OR ANY AMOUNTS PAID BY YOU TO twist.my FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
You agree that Class Actions or Representative Actions are not allowed and all disputes with twist.my must be resolved on an individual basis. You may not bring any claim against twist.my as a class member. This includes class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations. Regardless of whether any such dispute, controversy or claim concerns any other individual / entity, multiple individuals / entities, or other persons, classes of individuals, or entities, all cases shall be decided between twist.my and the individual only.
You will, as allowable by law, defend, indemnify and hold twist.my, our subsidiaries, affiliates, agents, officers, licensor, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (i) your use of your Account and the Services, (ii) any data files and content stored by you in your Account and otherwise on our servers, and (iii) any violation of these Terms by you. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing. You may not settle any claims that limit our rights without our prior written consent.
We may, at our option and in addition to other remedies, immediately and without notice terminate these Terms at any time or suspend your access to the Services: (i) if you breach any provision of these Terms; (ii) if we are required to do so by law; (iii) if we cease to offer any services covered by these Terms; or (iv) for any other reason with thirty (30) days prior written notice to you (or sooner if you are flagrantly violating these Terms or are a threat to users or the Services). You may terminate these Terms at your convenience by delivering at least thirty (30) days prior written notice to us. Should you object to any of these Terms or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately: (a) discontinue use of the Services; (b) terminate these Terms; and (c) notify us of such termination as described below in paragraph 17. Upon any termination of these Terms, we will remove stored in twist.my backup and/or twist.my sync data files from main storage and archives immediately. Paragraphs 12, 13, 16, 17, 18 and 19 of these Terms (and any other provision that can be reasonably construed to survive termination) will survive termination of these Terms.
Any notice under these Terms given by twist.my to you will be deemed to be properly given if sent (i) by email to your email address as set forth in the Registration Information, (ii) by a startup screen that starts before your next use of the Services, (iii) by written communication mailed by mail to your address on record in the Registration Information, or (iv) by a display about the changed information in the Terms on our website. It is important that you maintain a correct working email address and update it if necessary to be able to receive our communications. To ensure proper delivery of email communications, please whitelist '@twistcode.com’ domain in your email spam filter.
Any notice under these Terms provided by you will be deemed to be properly given if received by Customer Service at [email protected], except those that are related to cancellation or termination of your Account. 'Cancel at the end of your annual term' is available online by disabling auto-renewal option. For special cases where you’d like to close your account prior to the end of your annual subscription term, please contact our support team. Sending an email to [email protected] for cancellation is not considered as a cancellation notice for security reasons. On successful cancellation of an account by you or by us, due to various reasons including non-payment for the Services, your data will be removed from our storage servers. We may delay the cancellation related to non-payment for the services and provide a grace period of up to sixty (60) days from the due date to allow for the customer to arrange for payments.
Fair Use Notice: Any copyrighted materials used in this website, like third-party logos (Windows, Mac, Linux 'Tux' etc) are the property of their respective owners/companies.
These Terms will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of the Terms is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect any other provision of the Terms.
We may change these Terms from time to time and the most current version will always be posted on our website located at https://twist.my. If we think a revision is material we will notify you (e.g., via email). Other changes may be posted to our blog or terms page, so please check those pages regularly. Your continued use of the Services after such revisions become effective will constitute your acceptance of such changed terms and conditions. If you do not agree to the new terms, please stop using the Services.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY MALAYSIAN LAW. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You will commence any claim or cause of action arising under or otherwise occurring by reason of these Terms within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. These Terms create no third party beneficiary rights. You may not assign any of your rights in these Terms, and any such attempt is void, but we may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. twist.my and you are not legal partners or agents; instead, our relationship is that of independent contractors. Our failure to insist upon or enforce strict performance of any provision or right of these Terms will not be construed as a waiver of any provision or right. These Terms constitute the entire and exclusive agreement between you and twist.my with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.
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Closed on Saturday, Sunday and Malaysian Public Holiday
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