Terms & Conditions

These Terms and Conditions form a legally binding agreement between Tweakker ApS , Kristianiagade 7, DK – 2100 København Ø, registered in Denmark CVR nr. 29240922 (“Tweakker”) and yourself (“the Service Provider”) when using Tweakker’s API, Website or Application and when providing your services to customers via the Services.

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.

Definitions

API: Application Program Interface accessing Tweakker settings service
The Website: www.tweakker.com
The Application: Tweakker settings service on Tweakker.com
The Services: The API, the Website and the Application together or as solely services

Intellectual property rights

The API, Website and the Application are exclusively owned by Tweakker. 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 may not be copied, reproduced, downloaded, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited without the prior written consent of Tweakker.

Tweakker retains title to and ownership of the API, Application and all enhancements, modifications and updates of the Application.

All the information that can be retrieved via the API, the Website or the Application or any other interface available as part of the Application remains exclusively the intellectual property rights of Tweakker. Examples include, but are not limited to, “Terminal Library”, “User Guides”, “Step-by-Step guides”, “TAC Library”.

Third Party Information

The Website may contain links to other websites and content belonging to or originated from third parties (“Third Party Information”). 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.

Service Provider’s responsibility

Customers using Tweakker Services can subscribe to the Service Provider’s services and products. Tweakker has no part in or responsibility for such subscription which 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, 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’s responsibility

Tweakker will take reasonable endeavours to make the Website and Application 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 and any service provider endeavour 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 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.

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.

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.

Term & termination

Access to Tweakker API, Website and Application commences on the day of registration and continues until terminated by Tweakker or by the Service Provider.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

Tweakker may in case of violation of these Terms & Conditions without any prior notice terminate the Service immediately.

Price list

The Service Provider is charged according to the selected price plan on Tweakker.com

Payment conditions

The Service Provider is charged a monthly fee. Charges are referred to the current charges in the Price List.

If you sign up for an account, and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.

The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

All prices are exclusive of any bank fees, administrative fees or other types of costs related to the transfer of payments. The Service Provider is responsible for any such cost.

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.

Service/Application

The following describes the application that is 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.

Modes of Operation (User Interfaces to trigger OTA Settings)

Tweakker API OTA REST web service :

Tweakker Web Site User Interface

The user enters MSISDN, selects, operator, phone brand, model, sponsor and Internet settings are delivered via OTA SMS to the user’s mobile phone.

Tweakker Web Service Provider Application

The user enters MSISDN, selects, operator, phone brand, model, default Service Provider starting page and settings are delivered via OTA to the user’s mobile phone.

Tweakker Web Site Bookmarks

The user selects bookmark settings and downloads themto their mobile phone

Supported Terminals and Settings

Tweakker continuously releases new terminals supporting OTA configuration of terminals. A list of supported terminals is available on request.

WAP GPRS
IAP GPRS
Bookmarks

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.

Authentication methods

USERPIN authentication method

Language versioning

The following local language versions shall be supported:

Albanian (Shqip)
Arabic (العربية)
Chinese (简体中文)
Czech (Čeština)
Danish (Dansk)
Dutch (Nederlands)
Estonian (Eesti keel)
Farsi (فارسی)
Farsi 2 (فارسی)
Finnish (Suomi)
French (Français)
Georgian (ქართული ენა)
German, Sie (Deutsch)
Greenlandic (Kalaallisut)
Hungarian (Magyar)
Indonesian (Bahasa Indonesia)
Italian (Italiano)
Latvian (Latviešu valoda)
Lithuanian (lietuvių kalba)
Macedonian (македонски јазик)
Malay Bahasa (Bahasa Melayu)
Norwegian (Norsk)
Polish (Polski)
Portuguese (Português)
Portuguese, Brazilian
Russian (Русский)
Serbian, cyrillic (Cрпски језик)
Serbian, latin (Srpska)
Slovak (Slovenský/Slovenčina)
Slovenian (Slovenski/Slovenščina)
Spanish (Español)
Swedish (Svenska)
Turkish (Türkçe)
Ukrainian (українська мова)

Language versioning applies to the following deliverables

Tweakker API OTA REST web service
Tweakker Website User Interface
Tweakker Web Service Provider Application

Reporting & Statistics

Log files: Log-files with aggregated information on use of the API.

Integration modules

Tweakker SMSC Gateway: Establish secure, reliable and high-performing transportation layer for sending and receiving SMS from a SMSC.

Contact and Support

Technical support is only provided to paying account holders and is available via e-mail at Support@tweakker.com. Tweakker will use reasonable endeavors to respond to your request within 48 hours.

Governing Law and Arbitrage

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 API