Terms of Service

Effective Date: October 26, 2026
Last Updated: October 26, 2026

These Terms of Service (the “Terms“) form a legally binding agreement between you and Sigmund Holdings LLC, a Delaware limited liability company (“Twizzy,” “we,” “us,” or “our“), whose principal place of business is 3030 NE 188th St, Aventura, FL 33180. They govern your access to and use of:

the website at twizzy.com and any subdomain (the “Site“), including its informational pages, podcast, newsletter, sign-up forms, and interest forms;
the Twizzy mobile applications for iOS and Android (the “App“);
any Twizzy web application, now or in the future;
any other website, domain, or app operated by or for Twizzy that links to these Terms, including any preview, staging, or landing site (each of which is also part of the “Site“); and
all related features, content, communications, and services.

Together these are the “Services.”

PLEASE READ SECTION 20 (DISPUTE RESOLUTION AND ARBITRATION) CAREFULLY. Except for small claims and certain other matters, you and Twizzy agree to resolve disputes through final, binding, individual arbitration rather than in court. You also agree to WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. You may opt out of arbitration within 30 days, as described in Section 20.

SESSIONS ARE RECORDED AND TRANSCRIBED. You consent to recording when you accept these Terms by checking the box at sign-up (for Advisors, also during Advisor onboarding). By booking, accepting, or joining a session, you consent to the recording, transcription, and storage of that session, and to the access described in Section 8: recordings and transcripts may be made available to the User and the Advisor in that session and are accessible to authorized Twizzy staff for dispute resolution, safety, trust and safety review, legal compliance, and enforcing these Terms.

TWIZZY IS NOT FOR EMERGENCIES. If you or anyone else is in danger, call 911. If you are in crisis or thinking about suicide, call or text 988 (Suicide & Crisis Lifeline) in the United States.

By creating an account, clicking “I agree” (or a similar button), booking or accepting a session, subscribing to our newsletter, submitting a form, or otherwise using the Services, you confirm that you have read, understood, and agree to these Terms, our Privacy Policy, and our Refund & Cancellation Policy. Those policies are incorporated into these Terms by reference. If you do not agree, do not use the Services.

1. What Twizzy Is, and What It Is Not

1.1 Twizzy is a marketplace. Twizzy is an online venue that lets people looking for perspective or guidance (“Users“) find, book, pay for, and hold one-on-one audio or video conversations (“Sessions“) with independent individuals who offer their time (“Advisors“). Twizzy provides the technology for discovery, scheduling, payment facilitation, and communication, and earns a fee on each transaction. Twizzy does not provide advice, counseling, or any other service delivered in a Session. “Members” means Users and Advisors together.

1.2 “Advisor” is a platform label, not a credential. Advisors are members of the public who share their own opinions, life experience, and perspective. Advisors are not acting on Twizzy as therapists, mental health professionals, counselors, psychologists, physicians, nurses, attorneys, accountants, financial advisers, brokers, experts, or any other licensed or certified professionals, and Twizzy does not verify any Advisor’s credentials. Even if an Advisor holds a license or credential elsewhere, they do not act in that capacity in a Session (see Section 6.2). Calling someone an “Advisor” means only that they help people by sharing their perspective. It says nothing about expertise, training, licensure, or quality.

1.3 Twizzy is not a party to Sessions. Each Session is an agreement solely between the User and the Advisor. Twizzy is not a party to that agreement and is not responsible for it. Twizzy does not employ, supervise, direct, or control Advisors or the content of any Session. Twizzy does not endorse, recommend, or guarantee any Member, any Session, or anything said or done in a Session.

1.4 No professional relationship. Using the Services, including any Session, does not create a clinician-patient, counselor-client, doctor-patient, attorney-client, fiduciary, or other professional or special relationship between you and Twizzy, or (to the fullest extent permitted by law) between you and any Advisor.

1.5 Not therapy, medical care, or emergency services. The Services are not mental-health treatment, therapy, counseling, medical care, diagnosis, crisis intervention, or emergency services, and are not a substitute for them. Never ignore professional advice, or delay seeking it, because of something you heard on Twizzy. If you are experiencing a medical or mental-health emergency, are thinking about harming yourself or others, or believe someone is in danger, stop using the Services and call 911 or text/call 988 immediately. Advisors are not trained or responsible to respond to emergencies, and Twizzy does not monitor Sessions in real time.

1.6 Section 230. Twizzy is a provider of an interactive computer service within the meaning of 47 U.S.C. § 230. Twizzy is not the publisher or speaker of any information provided by another information content provider, including Members, Advisors, and Session participants. Twizzy is not liable for any action taken in good faith to restrict access to, or availability of, material it considers objectionable.

2. Eligibility and Accounts

2.1 18+ only. You must be at least 18 years old, and the age of legal majority where you live, to use any part of the Services, including the Site’s forms and newsletter. You confirm that you meet this requirement when you sign up, and by using the Services you represent that you meet it. If we learn that someone under 18 is using the Services, we will close the account and delete the information as described in our Privacy Policy.

2.2 Capacity. You represent that you can form a binding contract and are not barred from using the Services under U.S. law or any other applicable law. You also represent that you are not on any U.S. government list of prohibited or restricted parties, and that you have not previously been suspended or removed from the Services.

2.3 Your account. You must give accurate, current, and complete information and keep it up to date. Accounts are personal and may not be shared, sold, or transferred. You are responsible for keeping your login credentials secure and for all activity under your account. Notify us immediately at help@twizzy.com if you suspect unauthorized use. Twizzy is not liable for losses caused by unauthorized use of your account.

2.4 Verification. We may, but are not obligated to, verify identity, age, or other information, directly or through third-party providers. Any verification is limited, may be wrong, and is not an endorsement, background check, or guarantee of any Member’s identity, character, qualifications, or conduct. You remain solely responsible for deciding whether to interact with any Member.

2.5 Availability and location restrictions. The Services, or particular features, may not be available in every state or jurisdiction. Twizzy may restrict, limit, suspend, or refuse access to the Services, or to any feature, in any state or jurisdiction at its discretion, including based on the state or location you provide at sign-up, your billing address, or your IP address or device location. You must provide your accurate state of residence and keep it up to date, and you must not use a VPN, proxy, or any other means to misrepresent your location or to access the Services from a place where they are not offered. If we learn that you are located where the Services are not offered, we may close your account and cancel pending Sessions, with refunds for Sessions that have not occurred.

3. Booking, Payments, and Fees

3.1 Prices. Advisors set their own Session rates. Before you submit a booking, the App shows the total price, including any Twizzy service fee and applicable taxes. The price of a confirmed Session will not change.

3.2 Authorization and charges. When you submit a booking request, you authorize Twizzy and its third-party payment processor to charge the full price to your payment method. The charge is made 24 hours before the scheduled start of the Session. If you book a Session that starts in less than 24 hours, the charge is made when the Advisor accepts your request. If the Advisor declines or does not respond in time, or the request otherwise expires, you are not charged.

3.3 Twizzy as limited payment collection agent. Each Advisor appoints Twizzy as the Advisor’s limited agent solely to accept payments from Users on the Advisor’s behalf. A User’s payment to Twizzy (or its payment processor) satisfies the User’s payment obligation to the Advisor. Twizzy then pays the Advisor the amount due, minus the Platform Fee and any other amounts permitted by these Terms.

3.4 Payment processor. Payments are processed by one or more third-party payment processors. Your use of payment services is also subject to the processor’s terms and privacy policy. Twizzy does not store full payment card numbers. Twizzy is not responsible for errors by payment processors or financial institutions.

3.5 Taxes. Prices may exclude taxes. You are responsible for any taxes that apply to your purchases, other than taxes on Twizzy’s net income. Twizzy may collect taxes where required by law.

3.6 Refunds and cancellations. Cancellations, rescheduling, no-shows, and refunds are governed by the Twizzy Refund & Cancellation Policy in Section 4 and on our standalone Refund & Cancellation Policy page. If they ever conflict, the standalone page controls.

3.7 Chargebacks. If you have a problem with a charge, you agree to contact help@twizzy.com first and give us a reasonable chance to resolve it. If you file a chargeback or payment dispute:

Twizzy may submit Session records to the payment processor and card networks, including booking data, join and leave logs, communications, and, where relevant, recordings or transcripts.
Twizzy may suspend your account while the dispute is pending.
If a chargeback is filed in bad faith, or for a Session that was delivered in line with these Terms, Twizzy may permanently close your account. You agree to reimburse Twizzy for the disputed amount and any associated fees.

3.8 Promotional credits. Credits and promo codes have no cash value, cannot be transferred, may expire, and may be withdrawn if obtained by fraud or misuse.

3.9 No off-platform payments. All payments for Sessions arranged through the Services must be made through the Services. Members may not ask for, offer, or accept payment outside the Services for Sessions with anyone they met through the Services (see Section 11.6).

4. Refund & Cancellation Policy (Summary)

This is a summary of the full Refund & Cancellation Policy, which is part of these Terms.

Planned Sessions, cancelled by the User at least 24 hours before the scheduled start: full refund. If you have not been charged yet, nothing is charged.
Planned Sessions, cancelled by the User less than 24 hours before the scheduled start: non-refundable.
Instant (on-demand) Sessions: may be cancelled only before the Advisor accepts. After acceptance, they are non-refundable.
User no-show: treated as a late cancellation. No refund.
Advisor no-show, or cancellation by the Advisor: full refund.
Neither party joins: full refund to the User.
Advisor declines or does not respond: no charge.
Rescheduling: must be requested within the windows shown in the App (generally at least 24 hours before the Session). If a reschedule is declined or ignored, the original booking stands.
Dissatisfaction with what was said in a Session, or with any decision you make afterward, is not grounds for a refund.
Technical problems: problems on your side (device, connection, permissions) are not refunded. If there is a verified Platform-side or Advisor-side failure, Twizzy may, at its discretion, grant a full or partial refund or a credit.
Except where required by law, all refund decisions are made by Twizzy at its reasonable discretion and are final. Nothing in this policy limits any non-waivable right you have under applicable law.

5. User Responsibilities and Assumption of Risk

5.1 Your judgment, your risk. Anything you hear in a Session is the personal opinion of an independent Advisor. You alone decide whether to rely on it and act on it. You assume all risks of using the Services, interacting with other Members, and relying on any Session or content.

5.2 Do your own diligence. Review Advisor profiles, reviews, and stated experience before booking. Use caution before sharing confidential information, money, or property with any Member. Twizzy does not screen Members’ criminal histories or verify Advisors’ qualifications, expertise, or claims, and makes no representation about them.

5.3 Consult professionals. For any medical, mental-health, legal, financial, tax, or other matter where professional advice is appropriate or legally required, consult a properly licensed professional.

6. Additional Terms for Advisors

If you register or act as an Advisor, this Section 6 also applies to you.

6.1 Independent contractor. You are an independent business, not an employee, agent, joint venturer, or partner of Twizzy. Nothing in these Terms creates an employment relationship. You are not entitled to wages, overtime, benefits, workers’ compensation, unemployment insurance, or expense reimbursement from Twizzy. You alone decide:

whether, when, and how often to make yourself available;
which requests to accept or decline;
your rates, within any technical limits the App imposes;
how you conduct your Sessions, subject only to the rules in these Terms that protect Members, legal compliance, and platform integrity.

You may offer services elsewhere, including on competing platforms. You provide your own equipment and bear your own costs. You may not bind Twizzy to anything or hold yourself out as representing Twizzy.

6.2 Responsibility for your Sessions. You are solely responsible for:

everything you say, share, recommend, or do in, or in connection with, your Sessions;
the accuracy of your profile;
obeying all laws that apply to you.

You must not:

represent yourself as holding any license, certification, credential, or professional status that you do not currently hold;
offer or perform services through Twizzy that legally require a license, such as psychotherapy, mental-health counseling, medical diagnosis or treatment, legal representation, or individualized investment advice;
guarantee outcomes.

If you hold a professional license, you agree that Sessions are informal peer conversations and not the practice of your licensed profession, unless applicable law treats them otherwise. In that case you alone are responsible for complying with your professional obligations, including insurance.

6.3 Profile and conduct standards. Your profile must be truthful and not misleading. You must:

arrive on time;
keep your availability current;
maintain appropriate boundaries;
treat Users with respect.

Repeated cancellations, no-shows, or complaints may reduce your visibility, or lead to suspension or removal.

6.4 Platform Fee and payouts. Twizzy retains a platform fee on each completed Session (the “Platform Fee“). The Platform Fee is currently 20% of the Session price, as shown in your Advisor dashboard, and may change on at least 30 days’ notice. Payouts are made through Twizzy’s third-party payment processor on the schedule shown in your dashboard, after the Session has taken place. To receive payouts, you must complete the processor’s onboarding and identity requirements and agree to its terms. Twizzy may delay, hold, or withhold payouts, or set reserves, for any of the following:

suspected fraud;
a pending dispute, refund, or chargeback;
a violation of these Terms;
any legal requirement.

6.5 Refunds, chargebacks, and offsets. If a User receives a refund or a chargeback succeeds for one of your Sessions, Twizzy may recover the corresponding payout from you. That includes related fees where the refund or chargeback results from your cancellation, no-show, misconduct, or breach. Twizzy may recover these amounts by deducting them from current or future payouts or by any other lawful means.

6.6 Taxes. You are solely responsible for determining, reporting, and paying all taxes on your earnings, and for keeping any records the law requires. You must provide accurate tax information (for example, IRS Form W-9 or W-8) when requested. Twizzy or its payment processor may issue IRS Form 1099-K, 1099-NEC, or similar forms, and may report to tax authorities and withhold where the law requires.

6.7 Insurance. You are responsible for any insurance you need for your activities. Twizzy provides no insurance coverage for Advisors or Users.

6.8 Advisor indemnity. In addition to Section 15, you agree to defend, indemnify, and hold harmless the Twizzy Parties (defined in Section 15) from and against any and all claims, damages, losses, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

(a) any Session you conduct or anything you say or do in connection with it;
(b) any advice, information, or opinion you provide, and any User’s reliance on it;
(c) any claim that you misrepresented your qualifications or engaged in unlicensed practice;
(d) your classification as an independent contractor, or any claim by you or a governmental authority related to employment, wages, benefits, or taxes;
(e) your violation of law or these Terms.

6.9 License to your profile and likeness. You grant Twizzy a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, display, and distribute your name, approved photo, likeness, biography, and profile content. This license lets Twizzy operate the Services and promote the Services and your profile, including on the Site, in app stores, in email, in social media, and in advertising. It lasts while your profile is active and for a reasonable wind-down period afterward. Materials created before then may continue to be used.

7. Prohibited Content and Conduct

You agree not to use the Services, and not to let anyone else use them, to do any of the following.

7.1 Sexual and explicit content and solicitation (zero tolerance). Twizzy is not an adult platform. You may not:

Engage in, request, offer, or display sexual, sexually explicit, pornographic, or obscene content or conduct in any Session, profile, image, review, or other part of the Services, including nudity, partial nudity for sexual purposes, sexual acts, sexualized role-play, or sexual talk.
Solicit, offer, advertise, or arrange sexual services, “companionship,” escorting, dating, or romantic or sexual relationships, whether on the Services or by moving the conversation off-platform.
Make sexual advances to any Member, or request or send sexual or intimate images.
Use the Services for any sexual purpose. This applies even if every participant consents. Consent between Members is not a defense to a violation of this Section 7.1.

Any content involving minors in a sexual context is strictly prohibited. We will report it to the National Center for Missing & Exploited Children and to law enforcement.

Reporting, blocking, and enforcement. You can block any Member and report any Session using the tools in the App, and you can report any Member or review by emailing help@twizzy.com. When Twizzy receives a report or otherwise learns of a possible violation of this Section 7.1, Twizzy may review the relevant Session recording and transcript and may immediately suspend the accounts involved while it investigates. Confirmed violations will result in suspension or permanent removal, cancellation of pending Sessions, and forfeiture of payouts tied to the prohibited activity. Twizzy cooperates with law enforcement and may preserve and disclose records, including recordings and transcripts, to law enforcement and as required by law.

7.2 Illegal and harmful conduct.

Engage in, promote, or facilitate any illegal activity, including fraud, money laundering, drug sales, weapons trafficking, or human trafficking.
Threaten, harass, stalk, bully, intimidate, dox, or abuse anyone.
Promote violence, self-harm, or terrorism.
Engage in hate speech or discrimination based on a protected characteristic.

7.3 Misrepresentation.

Impersonate any person.
Misrepresent your identity, age, qualifications, licensure, or affiliations.
Post fake reviews or manipulate ratings.

7.4 Unlicensed professional services. Offer, request, or provide services that require a license you do not hold (see Section 6.2).

7.5 Circumvention.

Solicit or arrange payment or Sessions off-platform with Members you met through the Services.
Share personal contact information to avoid Twizzy’s fees.
Bypass bookings, recordings, or safety features.

7.6 Unauthorized recording.

Record, capture, screenshot, or rebroadcast any Session by any means other than Twizzy’s built-in recording.
Allow any person to listen to or join a Session unless every participant knows and has consented.

7.7 Intellectual property and privacy.

Infringe anyone’s intellectual property, publicity, or privacy rights.
Collect or disclose another Member’s personal information without consent.

7.8 Technical abuse.

Use bots, scrapers, or automated means.
Reverse engineer the Services.
Introduce malware.
Interfere with or overload the Services.
Access accounts or systems without authorization.
Use the Services or their content to train machine-learning models.

7.9 Spam and commercial misuse. Send spam or unsolicited advertising, or use the Services for purposes other than those intended.

Twizzy may investigate violations, remove content, suspend or terminate accounts, withhold payouts tied to prohibited activity, and cooperate with law enforcement, all at its sole discretion and without notice. Twizzy has no obligation to monitor Sessions or content, and is not liable if it does or does not.

8. Session Recording, Transcription, and AI Processing

8.1 Sessions are recorded. To protect Members and Twizzy, and for legal, safety, dispute-resolution, fraud-prevention, and compliance purposes, every Session (audio and, if used, video) is recorded, transcribed, and securely stored by Twizzy and its service providers in the United States, encrypted in transit and at rest.

8.2 All-party consent. Some states, including Florida and California, require the consent of every party before a conversation is recorded. Twizzy gets that consent through these Terms, which disclose that recording happens and which you must accept by checking the box at sign-up (for Advisors, also during Advisor onboarding).

By booking, accepting, or joining a Session, you expressly consent, for yourself and on behalf of anyone you allow to be present on your side of the conversation, to the recording, transcription, storage, and use of the Session as described in these Terms and our Privacy Policy. If you do not consent, do not book, accept, or join a Session.

You are responsible for making sure that anyone who can be heard or seen on your side of a Session has been told about the recording and agrees to it.

8.3 Who can access recordings and transcripts.

Session participants. Recordings and transcripts of a Session may be made available to the User and the Advisor who took part in that Session, through the Services or on request.
Authorized Twizzy staff. Recordings and transcripts are accessible to authorized Twizzy staff, and to service providers acting on Twizzy’s behalf, for dispute resolution (including refund, payment, and chargeback disputes), safety, trust and safety review, legal compliance (including responding to legal process and government requests), and enforcing these Terms, as well as to provide support you request and to maintain the security and integrity of the Services.
Not routinely reviewed. Recordings and transcripts are not routinely accessed or reviewed. Staff access them only when reasonably necessary for one of the purposes above, for example after a report, complaint, refund request, or chargeback.

8.4 AI and automated processing. Twizzy uses automated tools, including speech-to-text transcription and artificial-intelligence processing provided by third-party service providers, to process Session audio and other content. These tools may be used to:

transcribe Sessions;
detect potential safety, fraud, or policy violations;
support dispute resolution;
provide product features we disclose to you, such as Session notes or summaries.

Automated outputs may be inaccurate. Twizzy does not make decisions that produce legal or similarly significant effects about you based solely on automated processing without human review. For more detail, including how long recordings are kept, see our Privacy Policy.

8.5 No other recording; use of Session copies. Members may not make their own recordings of Sessions (see Section 7.6). Any recording or transcript made available to you under Section 8.3 is for your personal reference and for resolving disputes only. You may not publish, post, share, or distribute it, in whole or in part, without the written consent of every other participant, except as required by law. Twizzy is not required to provide recordings or transcripts beyond what is described in Section 8.3, and does not guarantee that any recording or transcript will be complete, accurate, or available.

9. Content and Licenses

9.1 Your content. “Member Content” means anything you submit or transmit through the Services, including:

profile information;
reviews;
intake information;
form submissions;
Session audio, video, and transcripts.

As between you and Twizzy, you keep whatever ownership rights you have in your Member Content.

9.2 License to Twizzy. You grant Twizzy and its service providers a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, process, transcribe, analyze, adapt, display, and transmit your Member Content as necessary to:

operate, secure, improve, and promote the Services;
enforce these Terms;
comply with law.

For reviews and public profile content, this includes the right to display them publicly and in marketing. Twizzy will not publicly publish Session recordings or transcripts, or use them in advertising, without the consent of the participants. This license survives termination for as long as Twizzy retains the content under its Privacy Policy.

9.3 Your representations. You represent that you have all rights needed to submit your Member Content and grant this license, and that your Member Content does not violate these Terms or any law or third-party right.

9.4 Reviews. Reviews must reflect genuine experiences from completed Sessions. Twizzy may remove reviews that violate its policies but is not obligated to remove reviews simply because you disagree with them.

9.5 Feedback. If you send us ideas or feedback, we may use them without restriction or compensation to you.

9.6 Podcast, newsletter, and Site content. If you submit a question, story, comment, or other material for the Twizzy podcast, newsletter, or social channels, or appear on the podcast, you grant Twizzy a perpetual, irrevocable, worldwide, royalty-free license to edit, publish, and distribute it, along with your name, voice, and likeness as submitted or recorded, in any media. This is unless a separate signed agreement says otherwise, or you ask in writing before publication that your submission be anonymous.

10. Twizzy’s Intellectual Property

The Services, including all software, designs, text, graphics, logos, the Twizzy name and marks, the podcast, and newsletter content (but excluding Member Content), are owned by Twizzy or its licensors and are protected by law. Subject to these Terms, Twizzy grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services for their intended personal purposes. All rights not expressly granted are reserved.

11. Interactions Between Members; Release

11.1 Twizzy is not responsible for Members. Twizzy is not responsible for, and expressly disclaims all liability arising from, the acts, omissions, statements, advice, content, or conduct of any Member or third party, whether online or offline, and whether in or outside a Session.

11.2 Disputes between Members. Disputes between Members are solely between those Members. Twizzy may, but is not obligated to, help resolve them.

11.3 Release. To the fullest extent permitted by law, you release Twizzy and the other Twizzy Parties from all claims, demands, damages, losses, and liabilities of every kind, known and unknown, that arise out of or relate in any way to:

disputes or interactions with other Members or third parties;
any Session;
any advice, opinion, or information obtained through the Services.

11.4 Waiver of unknown claims. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any similar law in any other jurisdiction.

11.5 Off-platform contact. You meet or communicate with Members outside the Services at your own risk.

11.6 Non-circumvention. For 12 months after you first connect with a Member through the Services, you agree not to solicit, arrange, or accept paid Sessions or similar paid services with that Member outside the Services. If you breach this Section, Twizzy may terminate your account. You also agree to pay Twizzy, as liquidated damages and not as a penalty, the Platform Fee that would have applied to the circumvented transactions, to the extent the law permits.

12. Third-Party Services and Links

The Services may rely on or link to third-party services, including payment processors, app stores, communications and hosting providers, and email-marketing services. Twizzy does not control them and is not responsible for them, and your use of them is subject to their terms.

13. Disclaimers

THE SERVICES, ALL SESSIONS, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. To the fullest extent permitted by law, Twizzy disclaims all warranties, express, implied, or statutory, including warranties of:

merchantability;
fitness for a particular purpose;
title;
non-infringement;
accuracy;
quiet enjoyment;
any warranty arising from a course of dealing or usage of trade.

Twizzy does not warrant:

(a) the quality, safety, accuracy, legality, or suitability of any Advisor, User, Session, or advice;
(b) that any Member is who they claim to be or holds any qualification;
(c) that the Services will be uninterrupted, secure, error-free, or free of harmful components;
(d) that any recording or transcript will be complete, accurate, or available;
(e) any outcome from using the Services.

Some jurisdictions do not allow certain disclaimers. Where that is the case, these disclaimers apply to the maximum extent permitted.

14. Limitation of Liability

14.1 Excluded damages. To the fullest extent permitted by law, the Twizzy Parties will not be liable for any of the following, even if advised of the possibility:

indirect, incidental, special, consequential, exemplary, or punitive damages;
lost profits, revenue, data, goodwill, or opportunities;
personal injury, emotional distress, or property damage arising from any Session or any Member’s conduct;
the cost of substitute services.

14.2 Cap. To the fullest extent permitted by law, the Twizzy Parties’ total cumulative liability for all claims arising out of or relating to these Terms or the Services, under any theory of liability, will not exceed the greater of (a) the total amounts you paid to Twizzy (net of refunds) for the Services in the 12 months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100). For Advisors, item (a) means the Platform Fees Twizzy retained from your Sessions in that period.

14.3 Basis of the bargain. These limitations are an essential part of the bargain between you and Twizzy. They apply even if a limited remedy fails of its essential purpose. They do not apply to liability that cannot be limited under applicable law, such as liability for fraud, gross negligence, or willful misconduct where the law does not permit limiting it.

15. Indemnification

You agree to defend, indemnify, and hold harmless Sigmund Holdings LLC and its affiliates, and each of their members, managers, officers, employees, contractors, agents, licensors, service providers, successors, and assigns (the “Twizzy Parties“), from and against any and all claims, demands, suits, damages, losses, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

(a) your use of the Services;
(b) your Member Content;
(c) any Session you book, accept, or join, and your interactions with any Member;
(d) your violation of these Terms or any law;
(e) your violation of any third-party right.

Twizzy may take exclusive control of the defense of any matter subject to indemnification. If it does, you will cooperate. You may not settle any matter without Twizzy’s prior written consent.

16. Communications and Electronic Consent

16.1 Electronic communications. You consent to receive agreements, notices, disclosures, and other communications from us electronically, by email, in-app message, push notification, or posting on the Services. Electronic communications satisfy any legal requirement that a communication be in writing.

16.2 Marketing email. If you subscribe to our newsletter or otherwise opt in, we may send you marketing emails. You can unsubscribe at any time using the link in any marketing email. You will still receive transactional and account messages.

16.3 Text messages. If you provide a mobile number and opt in, you agree to receive texts about your account and Sessions and, if you separately opt in, marketing texts. Consent to marketing texts is not a condition of purchase. Message and data rates may apply. Reply STOP to opt out or HELP for help.

17. App Store Terms

17.1 General. If you download the App from the Apple App Store or Google Play (each an “App Store“), you acknowledge that:

(a) these Terms are between you and Twizzy only, not the App Store provider;
(b) Twizzy, not the App Store provider, is solely responsible for the App and its content;
(c) your use of the App must also comply with the App Store’s applicable terms of service and usage rules.

17.2 Apple. If you use the App on an Apple device, the following also apply:

(a) License. Your license to the App is limited to a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Family Sharing and other uses permitted by those Usage Rules are also allowed.
(b) Maintenance and support. Apple has no obligation to provide maintenance or support for the App.
(c) Warranty. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the App’s purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
(d) Claims. Twizzy, not Apple, is responsible for addressing any claims relating to the App, including:
- product liability claims;
- claims that the App fails to conform to any legal or regulatory requirement;
- claims under consumer protection, privacy, or similar legislation.
(e) Intellectual property. Twizzy, not Apple, is responsible for investigating, defending, settling, and discharging any third-party claim that the App infringes that party’s intellectual property rights.
(f) Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
(g) Third-party beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple has the right (and is deemed to have accepted the right) to enforce them against you.

17.3 Google. If you download the App from Google Play, you also agree to the Google Play Terms of Service. Google is not responsible for the App or its support.

17.4 Contact. Developer name and address for questions, complaints, or claims about the App: Sigmund Holdings LLC (“Twizzy”), 3030 NE 188th St, Aventura, FL 33180, help@twizzy.com.

18. Copyright Complaints (DMCA)

Twizzy respects intellectual property rights and responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). Twizzy will terminate repeat infringers in appropriate circumstances.

18.1 Notice of infringement. To submit a notice, send our designated agent a written communication that includes:

(a) your physical or electronic signature;
(b) identification of the copyrighted work;
(c) identification of the allegedly infringing material and where it is located on the Services;
(d) your contact information;
(e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
(f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on the owner’s behalf.

18.2 Counter-notices. Counter-notices may be submitted as provided in 17 U.S.C. § 512(g).

Designated Copyright Agent: Copyright Agent, Twizzy (Sigmund Holdings LLC), 3030 NE 188th St, Aventura, FL 33180. Email: help@twizzy.com.

19. Suspension and Termination

19.1 By Twizzy. Twizzy may suspend, restrict, or terminate your account or access to any part of the Services at any time, with or without notice, for any reason or no reason. Reasons include, without limitation:

a suspected violation of these Terms;
a risk to Members or Twizzy;
fraud or a chargeback;
a legal requirement.

Twizzy may also cancel pending Sessions. If it does, the affected Users will be refunded for any Sessions that have not occurred.

19.2 By you. You may stop using the Services and close your account at any time through the App or by emailing help@twizzy.com. Closing your account does not cancel amounts owed, or Sessions already completed.

19.3 Survival. The following Sections survive termination:

1;
3.3 through 3.7;
5;
6.4 through 6.9;
8;
9;
11 through 15;
18;
20 through 22;
any other provision that by its nature should survive.

20. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

20.1 Informal resolution first. Before starting any arbitration or court proceeding, you and Twizzy agree to try to resolve the dispute informally:

The party raising the dispute must send a written notice describing the claim and the relief sought. Notices to Twizzy go to help@twizzy.com and to the mailing address in Section 22. Notices to you go to the email associated with your account.
The parties must then negotiate in good faith for at least 60 days. During that period, either party may request an individual video or telephone conference, which you must attend personally (with counsel if you wish).
Statutes of limitation are paused during this period.
Completing this process is a condition to starting arbitration.

20.2 Agreement to arbitrate. Except as provided in Section 20.3, you and Twizzy agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any Session, or your relationship with Twizzy (each a “Claim“) will be resolved by final and binding individual arbitration. This applies whether the Claim is in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether it arose before or after you agreed to these Terms. It includes Claims by Advisors about classification, compensation, or payouts. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs this Section 20.

20.3 Exceptions. Either party may:

(a) bring an individual Claim in small-claims court, if it qualifies and stays there;
(b) seek injunctive or other equitable relief in court for infringement or misuse of intellectual property, or for unauthorized access to the Services.

20.4 Arbitration rules and forum. Arbitration will be administered by JAMS under the following rules, as modified by this Section 20:

for Claims under US$250,000, the JAMS Streamlined Arbitration Rules & Procedures;
for larger Claims, the JAMS Comprehensive Arbitration Rules & Procedures;
where applicable, the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses — Minimum Standards of Procedural Fairness.

The JAMS rules are available at www.jamsadr.com. A single arbitrator will decide the arbitration. The arbitrator must be a retired judge or an attorney licensed in Florida. The arbitration will be held in Miami-Dade County, Florida. Alternatively, at the claimant’s election, it may be held by video conference or, for Claims under US$10,000, on written submissions only. Hearings may be held in your county of residence if the JAMS consumer standards require it.

20.5 Fees. Payment of filing, administrative, and arbitrator fees will follow the JAMS rules. For consumer Claims, your share of filing fees will not exceed the amount the JAMS Consumer Minimum Standards allow (currently US$250), and Twizzy will pay the rest. Each party bears its own attorneys’ fees unless applicable law or these Terms provide otherwise. The arbitrator may award fees and costs against a party whose Claim or defense is frivolous or brought for an improper purpose.

20.6 Arbitrator’s authority. The arbitrator decides all issues, including the scope, interpretation, applicability, enforceability, and formation of this agreement to arbitrate. The only exceptions are issues about Sections 20.7 (Class Action Waiver) and 20.9 (Mass Arbitration), which a court decides. The arbitrator may award any individual relief a court could award, but only in favor of the individual party seeking relief and only to the extent needed to resolve that party’s individual Claim. The award is final and binding, and judgment may be entered in any court of competent jurisdiction.

20.7 CLASS ACTION WAIVER. YOU AND TWIZZY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s Claims or preside over any representative proceeding unless both parties agree in writing. If a court decides that this class action waiver is unenforceable for a particular Claim or request for relief, that Claim or request (and only that one) will be severed and heard in court. It will be stayed until the individual Claims are resolved in arbitration.

20.8 JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TWIZZY WAIVE ANY RIGHT TO A JURY TRIAL for any Claim, whether in arbitration or in court.

20.9 Mass arbitration. This Section applies if 25 or more similar Claims are filed against Twizzy by the same or coordinated counsel, or are otherwise coordinated (“Mass Filing“):

the Claims will be administered under the JAMS Mass Arbitration Procedures and Guidelines;
the Claims may be resolved in staged batches (for example, bellwether proceedings), with fees assessed only for the batch being heard;
statutes of limitation are paused for Claims that have not yet proceeded.

The parties agree to work in good faith to resolve a Mass Filing efficiently. A court may enforce this Section.

20.10 30-day right to opt out. You may opt out of this agreement to arbitrate by sending written notice to help@twizzy.com (subject line: “Arbitration Opt-Out”) within 30 days after you first accept these Terms. Your notice must include:

your full name;
the email address associated with your account;
a clear statement that you wish to opt out of arbitration.

Opting out does not affect any other part of these Terms, including the jury trial waiver to the extent permitted by law. If you opt out, Section 21 governs where disputes are heard.

20.11 Changes to this Section. If Twizzy makes a material change to this Section 20, you may reject it by notifying help@twizzy.com within 30 days after the change takes effect. If you do, the most recent version of Section 20 that you accepted will continue to apply.

20.12 Time limit. To the extent permitted by law, any Claim must be brought within one (1) year after it arises, or it is permanently barred.

21. Governing Law and Venue

These Terms are governed by the Federal Arbitration Act and, to the extent not preempted, by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any Claim not subject to arbitration (including if you opt out) must be brought exclusively in the state courts located in Miami-Dade County, Florida, or the United States District Court for the Southern District of Florida. You and Twizzy consent to personal jurisdiction and venue in those courts. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

22. General Terms

22.1 Changes. We may update these Terms from time to time. If we make material changes, we will notify you by email, in-app notice, or a notice on the Site at least 15 days before they take effect, except where a change is legally required or addresses new features or security, in which case it may take effect immediately. If you keep using the Services after changes take effect, you accept them. If you do not agree, stop using the Services. Changes do not apply retroactively to Claims that you have already notified us about.

22.2 Entire agreement. These Terms, together with the Privacy Policy, the Refund & Cancellation Policy, and any feature-specific terms we present to you, are the entire agreement between you and Twizzy about the Services.

22.3 Severability and no waiver. If any provision is held unenforceable, it will be enforced to the maximum extent permissible, and the rest of these Terms will remain in effect. Our failure to enforce any provision is not a waiver.

22.4 Assignment. You may not assign or transfer these Terms without our prior written consent. Twizzy may assign them freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

22.5 Force majeure. Twizzy is not liable for any delay or failure caused by events beyond its reasonable control, including:

outages of internet, hosting, or communications providers;
natural disasters;
government action;
labor disputes;
pandemics;
cyberattacks.

22.6 Relationship. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and Twizzy, except the limited payment-collection agency in Section 3.3.

22.7 Export and sanctions. You will comply with all U.S. export-control and sanctions laws.

22.8 Notice for California users. Under California Civil Code § 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.

22.9 Headings and interpretation. Headings are for convenience only. “Including” means “including without limitation.”

22.10 Contact and legal notices.

Sigmund Holdings LLC (“Twizzy”)
3030 NE 188th St, Aventura, FL 33180

All contact, including legal notices, privacy requests, arbitration opt-outs, copyright (DMCA) notices, and customer support: help@twizzy.com