These Terms and Conditions form a legally binding agreement (“the Agreement”) between Tweakker ApS, Ny Banegaardsgade 55, 3rd Floor, DK – 8000 Aarhus C, registered in Denmark VAT nr. 29240922 (“Tweakker”) and yourself (Hereinafter referred to as “The Service Provider”) when using Tweakker’s API, Website or Application(s) (the “Services”) and when providing your services to customers via the Services. In order to use Tweakker’s Services The Service Provider must first read this Agreement and the terms herein and accept it. The Service Provider may not engage with Tweakker’s Services without accepting this Agreement and the terms herein. You accept the Terms & Conditions of this agreement by clicking to accept, by signing up for the 30-Day Free Trial provided by Tweakker or by using Tweakker’s Services. In the latter case, The Service Provider accepts that Tweakker will treat The Service Provider’s use of the Services as an acceptance of the Terms & Conditions from that point and going forward.
Please note that these Terms and Conditions are updated from time to time. Changes will come effective when published on the Website www.tweakker.com. Please check these Terms and Conditions regularly as your continuing use of the Services constitutes your acceptance of any new Terms and Conditions.
Tweakker exclusively owns the API, Website and the Application(s). Tweakker grants The Service Provider a personal, non-exclusive and non-transferable right to use the Services on these Terms and Conditions.
The API, the Website and the Application(s) may not be copied, reproduced, downloaded, distributed, transmitted, broadcasted, displayed, sold, licensed or otherwise exploited without the prior written consent of Tweakker.
Tweakker retains title to and ownership of the API, Application(s) and all enhancements, modifications and updates of the Application(s).
All the information that can be retrieved via the API, the Website or the Application(s) or any other interface available as part of the Application(s) remains exclusively the intellectual property rights of Tweakker. Examples include, but are not limited to, “Terminal Library”, “User Guides”, and “Step-by-Step guides”, “TAC Library”.
The Website may contain links to other websites and content belonging to or originated from third parties (â€œThird Party Informationâ€). Tweakker is not responsible for any content, advertising, product or other materials on or available from such sites or resources.
Tweakker shall not be directly or indirectly responsible or liable for any damage or loss caused in relation with use of or reliance on any such content, goods or services accessible on or through any such site or resource.
Customers using Tweakker Services can subscribe to The Service Provider’s services and products. Tweakker has no part in or responsibility for such subscription that is beyond Tweakker’s control. The Service Provider is obliged to have procedures including security procedures and procedures protecting the privacy of customers in place covering such subscription.
The Service Provider is solely responsible for ensuring that content, advertising, product or other materials submitted by The Service Provider directly or indirectly for inclusion on the Website comply with national and relevant foreign law and do not infringe third parties rights.
The Service Provider is solely responsible for any content, data or any type of other information that The Service Provider publishes or uploads using the Services.
The Service Provider agrees to indemnify and protect Tweakker, its directors and employees from any and all third party claims, liability, damages and costs arising from The Service Provider’s access or use of the API, the Website and the Application(s), The Service Provider’s submission of content, advertising, product or other materials on the Website, The Service Provider’s violation of the Terms and Conditions or The Service Provider’s violation, or violation by any other user of The Service Provider’s account, of any intellectual property or other right of any person or entity.
The Service Provider agrees to immediately notify Tweakker of any unlawful use of The Service Provider’s access to Tweakker’s Services or any other breach of security that to The Service Provider’s knowledge may affect Tweakker.
Tweakker will take reasonable endeavors to make the Website and Application(s) available at all times. Tweakker will not be liable if for any reason the Website is unavailable at any time or for any period. Tweakker cannot guarantee a continuous fault free service.
While Tweakker endeavor to ensure that the information on the Website is correct, no warranty, express or implied, is given to its accuracy.
Tweakker is not responsible for and make no warranties to Third Party Information or accuracy or reliability of such Third Party Information.
Tweakker is not responsible for any advertisement from any Third Party on the Website and Tweakker is therefore not responsible for any offerings, terms and warranties provided by Third Parties.
Any material downloaded or otherwise obtained through the use of the Website or the Application(s) is done at The Service Provider’s own risk and Tweakker is not responsible for any damage to The Service Provider’s computer system or loss of data resulting from the use of the Website or the Application(s).
In no event shall Tweakker’s total liability to The Service Provider for all damages, losses and causes of action (including but not limited to, negligence) exceed the amount paid by The Service Provider for use of the Website or the Application(s).
Tweakker shall not be liable to The Service Provider for any indirect, special, consequential or incidental damages, (including but not limited to), loss of profits, loss of data, loss of goodwill, resulting from use of the Services or these Terms & Conditions.
Access to Tweakker API, Website and Application(s) commences on the day of registration and continues until terminated by Tweakker or by The Service Provider.
If the cancel the Service before the end of current subscription period, cancellation will take effect immediately and the Service Provider will not be invoiced again.
Tweakker may in case of violation of these Terms & Conditions without any prior notice terminate the Service immediately.
The following terms and conditions apply to Tweakker’s 30-Day Free Trial ("Free Trial") offer for Tweakker’s API, Website or Application(s):
The Service is priced in Monthly plans and/or Volume licenses and is referred to as a subscription. Monthly plans and Volume licenses are priced according to the Application(s) and number of configurations included. Price is determined by the Contract between Tweakker and The Service Provider.
The Service Provider will be invoiced each month based on Tweakker’s reporting of sent settings.
Invoices are sent by email to The Service Provider the 1st business day of any given month. The Service Provider shall pay outstanding Invoices within 10 business days from the date of Invoice released to The Service Provider.
In case The Service Provider does not fulfill outstanding invoice in time, interest will be calculated upon the amount receivable as per the 1st day of delay. The charges are 2% per month of the amount due.
All fees are exclusive of all taxes, levies, or duties imposed by the relevant taxing authorities, and each party agrees to bear its own tax burden and to indemnify and hold harmless the other party in that respect.
All prices are exclusive of any bank fees, administrative fees or other types of costs related to the transfer of payments. Each Party confirms and agrees that it is solely liable for its own costs, fees and expenses incurred in the transfer or receipt of payments, as applicable.
The following describes the Application(s) that are provided under these Terms and Conditions.
The Service Provider acknowledges that Tweakker may establish procedures and restrictions on use of the Services at any time.
The solution allows The Service Provider to request settings via different modes of operation (user interfaces).
The solution supports the following user cases:
The Web Service API is used for simple and efficient development of customized external services and applications connected to the Application. The Web Service API is a simple URL-based API, and implements extraction of vendor, model and setting information as well as fallback logic for named settings, operator mapping to OTA profiles and vendor and model mapping when delivering settings.
The Web Service API exposes services that accept simple parameterized HTTP requests as parameters. Simple XML is returned.
Tweakker continuously releases new terminals supporting OTA configuration of terminals. A list of supported terminals is available on request.
The following settings are included and are active in the API:
The Terms and conditions include access to all handsets and all setting types in the Terminal Library as well as future released terminals.
Tweakker will use its best endeavor to ensure that setting parameters are up-to-date and fully functional.
Tweakker will on an on-going basis be in dialogue with the relevant mobile operators and closely follow the release of new setting parameters on web sites, newsletters, pre-configured handsets, etc.
Tweakker will within regular intervals perform random checks with ‘live’ test of setting parameters to verify that the setting profiles available in the system are compliant with the actual state and configuration of the relevant mobile operator parameters.
The Service Provider will notify Tweakker if The Service Provider is notified about any changes in setting parameters for any of the mobile operator profiles configured in the system.
Tweakker will inform The Service Provider about any changes to setting profiles.
The following local language versions shall be supported:
Language versioning applies to the following deliverables:
Log files: Log-files with aggregated information on use of the API.
Tweakker SMSC Gateway: Establish secure, reliable and high-performing transportation layer for sending and receiving SMS from a SMSC.
Technical support is only provided to paying account holders and is available via e-mail at firstname.lastname@example.org. Tweakker will use reasonable endeavors to respond to your request within 48 hours.
Any dispute arising in connection the Terms and Conditions shall, in the first instance, be referred to a main board director of each party for discussion and potential resolution within 7 days of the date of referral. No party may initiate any legal action until this action has been carried out unless it has reasonable course to do so in order to avoid immediate damage to its business or to preserve any right of action it may have. This clause will not apply in respect of any application to a court having jurisdiction in respect of a preliminary injunction in order to protect its interests.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the Kingdom of Denmark. Any and all disputes and claims arising out of or in connection with these Terms & Conditions shall be finally settled by arbitration in accordance with the “Rules of Procedure of the Danish Institute of Arbitration (Copenhagen Arbitration)”. The arbitration tribunal shall be composed of three arbitrators appointed by the Institute. The place of arbitration shall be Copenhagen and the language of the arbitration proceedings shall be English.
Tweakker services are delivered via SMS shortcode 57000 on the SMS-campaign “Tweakker OTA Connect”.
The following terms and conditions apply to the SMS-campaign: