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Terms and conditions

This page (together with our Privacy Policy) gives you information about us and the legal terms and conditions (Terms) on which we provide the social media analytics services (Services) listed on our website (our site) to you.

By accessing our site or using any of the Services you will be deemed to agree to these Terms.

  1. Information about us: www.tweetchup.com is operated by Digital Tomorrow Today Limited, a company registered in England and Wales under company number 04453239 and with our registered office at 16 The Havens Ransomes Europark Ipswich Suffolk IP3 9SJ. Our main trading address is Unit 1, Brightwell Barns, Ipswich Road, Brightwell, Ipswich, Suffolk. IP10 0BJ. Our VAT number is 104 721453. You can contact us by email at [email protected]
  2. Third Party links: We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. If you access websites operated by us other than www.tweetchup.com then your use of such websites will be governed by the terms and conditions applicable to those sites.
  3. How we use your personal information: We only use your personal information in accordance with our Privacy Policy and relevant social media API terms of use. We may aggregate information obtained via social media APIs (including details of your followers and users you follow) as part of our social media profile database.
  4. Age restrictions: Our site is not directed at children under 13 years of age and we do not knowingly collect or solicit personally identifiable information from children under 13.
  5. Changes to these Terms: We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
  6. Intellectual Property Rights: The intellectual property rights in any deliverables produced as part of the Services are owned by us or licensed to us under the terms of the relevant social media API terms of use. To the extent that we own these rights or have the ability to do so under the terms of our license, we grant to you a non-exclusive, irrevocable licence (with no ability to assign or sub-licence) to use such rights for all purposes reasonably connected with the provision of the Services. Other than any such rights which are owned by us, we do not provide any warranty that we are entitled to licence such rights on these terms and shall have no liability in respect of any claim by any third party that use of such rights infringes their intellectual property rights.
  7. Intellectual Property Rights in our site: We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  8. Use of your name, trade mark and logo: You agree that we may identify you as a recipient of our Services and use your company name, logo and any relevant trade marks (“your Branding”) on our site and marketing materials for promotional purposes. You hereby grant us a perpetual, irrevocable, non-exclusive licence to use any relevant trade mark (registered or unregistered) and any other relevant intellectual property rights owned by you for this purpose. You can opt out by emailing [email protected]. If you opt out then, if your Branding has already been displayed on our site, we shall remove this within 5 working days of receipt of your request and will cease to use it in future marketing materials.
  9. Use of the Services: You agree and undertake that you will not use the Services (or any deliverables provided to you as a result of your use of the Services) for any purpose which is illegal, in breach of any rule or regulation, defamatory of any person, which infringes the intellectual property of any person or which in breach of the terms of use of any relevant social media APIs (such terms of use being incorporated by reference into this clause as if set out in full herein).
  10. Use of our site: We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
  11. Content of our site: Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. We will not be liable for any loss or damage caused by a virus, distributed denial-of- service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
  12. Use of API key: In order to provide the Services you will be required to grant us secure access to your Twitter account via the Twitter API using the Twitter OAuth service. We use the Twitter API to obtain social data in order to provide the Services and also for use in wider social analysis tools which we operate. This may include the incorporation of publicly available data from your profile into reports produced for other users by our www.birdsonganalytics.com tool. No personal data is transferred to us via the API. If you refuse to grant access to your Twitter account using OAuth or revoke this access we will not be able to provide the Services to you.
  13. Exclusion of warranties: You acknowledge that the Services are provided by us on a free of charge basis. As such we do not give any representation, warranties or undertakings in relation to our site or the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
  14. Limitation of liability: We supply the Services for your personal use only, and you agree not to use the Services or any deliverables arising from the Services for any commercial or resale purposes. Nothing in these Terms limits or excludes our liability for (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation (iii) breach of any representation, condition or warranty implied into these Terms and which cannot legally be excluded. Subject to this we will not be liable to you in any circumstances whether in contract, tort or otherwise for any loss of profits, sales, business or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss. Subject to the preceding provisions of this clause, our total liability to you in respect of all losses arising under or in connection with the use of our site or the Services shall in no circumstances exceed £1.
  15. overning law and jurisdiction: these Terms are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are consumer and a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer and a resident of Scotland, you may also bring proceedings in Scotland.