Last updated: May 26, 2020

These Twingate Website Terms (“Website Terms”) apply to your access to and use of Twingate websites (“Website”).

Through the Website, Twingate provides you with access to various resources about Twingate and the products and services provided by Twingate. By accessing and using the Website, you accept these Website Terms.

1. Website Content

You are responsible for all activities that may arise or occur to your system or your network during your visit to this Website.

You may not copy, modify, distribute, redistribute, upload, transmit, display, reproduce, transfer, post, resell, or republish any of the content available on this Website, including, without limitation, text, graphics, logos, images, and media clips (collectively, “Content”) without the prior written consent of Twingate. All Content and intellectual property rights in such Content are the sole property of Twingate or its licensors.

2. Accurate Information

If you submit information to any forms on the Website, you will provide complete, accurate and current information. You may not impersonate any person or entity, misrepresent your affiliation with a person or entity, or misrepresent the origin of any content you submit to us through the Website.

3. Prohibited Activity

You may not, in connection with using or accessing the Website:

• post, send, or otherwise transmit to or through the Website any unlawful, infringing, harmful, harassing, defamatory, threatening, or otherwise objectionable material of any kind, any material that exploits children, or is invasive of or in breach of another person’s privacy or other rights, or any material that Twingate specifies should not be posted or transmitted on the Website;

• tamper, hack, circumvent, modify, or otherwise corrupt or breach Website security or authentication measures;

• upload, or otherwise make available, files that contain images, software, or other material protected by intellectual property laws, including, without limitation, copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;

• disrupt the functioning of the Website or otherwise act in a way that interferes with the use of the Website by others;

• violate any applicable laws or regulations; or

• assist or permit any person to engage in any of the activities described above.

4. Links to Third Party Websites

Twingate may provide links to third-party websites or resources on the Website. Twingate does not control these other websites and resources and is not responsible for their availability, content, or delivery of services. Twingate makes no representations whatsoever about such other websites or resources. The inclusion of any link to a website does not imply endorsement by Twingate of that website or its entities, products or services. All warranties, conditions, or other terms, express or implied, as to any such linked website, including, without limitation, as to the accuracy, ownership, validity, or legality of any content of a linked website, are hereby excluded. It is your sole responsibility to take any precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses, and other items of a malicious nature.

5. Disclaimer and Limitation of Liability

The Website and Content are provided to you on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, without limitation, fitness for a particular purpose, merchantability, title, or non-infringement of third-party rights or intellectual property. Twingate may make changes or improvements to the content and functionality of the Website at any time, without prior notice to you. In no event shall Twingate be liable for any indirect, incidental, special, consequential, or punitive damages of any kind, including, without limitation, those resulting from loss of use, data, revenues, or profits, whether or not Twingate has been advised of the possibility of such damages or losses, on any theory of liability, arising out of or in connection with access to, use, or performance of the Website, failure of the Website to operate, or any content or other information provided in connection with the Website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. In no event will the total liability of Twingate or its affiliates, contractors, employees, agents, or third party partners, licensors, or suppliers to you for all damages, losses, claims, and causes of action arising out of or relating to these Website Terms or your use of this Website exceed Twenty Five Dollars. Your acceptance of this limitation of liability is an essential term of these Website Terms.

6. Indemnity

You indemnify and hold Twingate and its affiliates, officers, directors, employees, and agents harmless from any claim or demand, including, without limitation, reasonable legal fees, made by any third party due to or arising out of your breach of these Website Terms, or your breach of any law or the rights of a third party. Twingate may, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify Twingate, and you agree to cooperate with Twingate’s defense of these claims. Twingate will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

7. General

These Website Terms are governed by the laws of the State of California, without giving effect to any principles of conflicts of law. These Website Terms are subject to change by Twingate at any time in its sole discretion. Changes to these Website Terms will be posted on the Website and your continued use of the Website following such changes constitutes your agreement to be bound by such changes.

8. Twingate

In these Website Terms, “Twingate” means Twingate Inc. (located at 541 Jefferson Ave, Suite 100, Redwood City, CA 94063).