Terms of
Service.

Acceptance of terms

By accessing our website, signing a Twisal proposal or order form, paying an invoice, or otherwise using any Twisal service, you acknowledge that you have read, understood, and agreed to be bound by these Terms along with our Privacy Policy.

If you are entering these Terms on behalf of a business, you represent that you have the authority to bind that business. "You," "Client," and "your" refer to that business and to the individual accepting these Terms on its behalf.

If you do not agree to these Terms, do not use our services.

Definitions

The following terms carry specific meanings throughout this agreement:

Services

The revenue infrastructure build, setup, automation, and recurring management services Twisal provides under a signed proposal or order form, including website and funnel builds, CRM configuration, AI-powered lead response and booking systems, follow-up automations, reporting dashboards, and related advisory work.

Build

The one-time setup engagement in which Twisal configures and deploys a Client's revenue infrastructure, including discovery, system configuration, content creation, testing, and launch.

Retainer

The recurring monthly engagement in which Twisal operates, monitors, optimizes, and reports on the Client's revenue infrastructure after the Build is complete.

Proposal

The written scope, pricing, and timeline document (typically delivered via PandaDoc) executed between Twisal and the Client for a specific engagement. The Proposal, together with these Terms, forms the complete agreement.

Deliverables

The tangible outputs Twisal provides to the Client under a Proposal, including configured systems, automations, copy, creative assets, and documentation.

Third-Party Tools

Software, platforms, and services owned and operated by parties other than Twisal (including GoHighLevel, Stripe, Google Workspace, Instantly, and similar) that Twisal uses to deliver the Services.

Client Data

All business, customer, lead, and operational data that the Client provides to Twisal or that flows through systems Twisal operates for the Client.

The services

Twisal provides revenue infrastructure services for home service and healthcare businesses. The specific scope of each engagement is defined in the signed Proposal. Services generally fall into three categories:

1. One-time Builds: Fixed-fee engagements to design, configure, and deploy a Client's revenue infrastructure within a defined timeline (typically 14 days).
2. Monthly Retainers: Recurring engagements to operate, monitor, optimize, and report on the infrastructure on an ongoing basis.
3. Add-Ons and Upsells: Supplemental services activated at Client request, including additional automations, integrations, creative production, and strategic advisory.

Twisal reserves the right to modify, improve, or replace the tools and methods used to deliver Services, provided that core deliverables contracted in the Proposal remain intact or are replaced with functionally equivalent alternatives.

Accounts & access

To deliver the Services, Twisal requires access to certain Client accounts and systems, including domain registrars, DNS, Google Workspace, existing CRM or booking platforms, social media, advertising accounts, and payment processors.

You agree to:

• Provide timely, accurate credentials and administrative access where required
• Maintain appropriate permissions and authorization to grant Twisal such access
• Notify Twisal promptly of any changes to access, credentials, or system ownership
• Keep your own account credentials secure and confidential

You are responsible for all activity under accounts you own. Twisal is not liable for delays, errors, or losses resulting from incorrect, revoked, or delayed access.

Fees & payment

Build fees

Build fees are stated in the Proposal as a fixed fee. Unless otherwise specified, Build fees are due in full before work begins, or according to the milestone schedule stated in the Proposal. Work does not commence until the first payment is received.

Retainer fees

Retainer fees are billed monthly in advance on a recurring basis via the payment method on file (typically Stripe). The first Retainer payment is due on the date the Build is delivered or on the date specified in the Proposal, whichever is earlier.

Late payments

Invoices unpaid for more than 7 days past the due date may result in suspension of Services, including pausing automations, disabling dashboards, and withholding deliverables. Invoices unpaid for more than 30 days are considered in default and may be referred for collection. A late fee of 1.5% per month (or the maximum permitted by law) applies to overdue balances.

Refunds

Build fees are non-refundable once work has commenced, because Twisal allocates capacity and begins delivery immediately upon signing. Retainer fees are non-refundable for the current billing period, but Clients may cancel future Retainer periods in accordance with Section 14 (Term & Termination).

Taxes

Fees are exclusive of applicable sales, use, VAT, or similar taxes. The Client is responsible for all such taxes, except for taxes imposed on Twisal's net income.

Price changes

Twisal may adjust Retainer pricing with at least 30 days' written notice. Pricing changes take effect at the start of the next billing period after the notice window.

Client responsibilities

Twisal's ability to deliver results depends on Client cooperation. You agree to:

• Provide accurate business information, brand assets, and operational details required for the Build
• Respond to Twisal requests for approvals, revisions, and information within 3 business days
• Review and approve deliverables in a timely manner
• Answer inbound leads, calls, and inquiries generated by the system in a commercially reasonable timeframe
• Deliver the underlying product or service that your customers are paying for, at the quality your business represents
• Comply with all applicable laws, including telemarketing rules (TCPA), email rules (CAN-SPAM), and industry-specific regulations

Intellectual property

Twisal IP

Twisal retains all right, title, and interest in and to its proprietary systems, frameworks, templates, automation logic, training materials, prompts, scoring models, dashboards, and software tools, including all improvements made during an engagement. Nothing in these Terms transfers ownership of Twisal IP to the Client.

Client IP

You retain all right, title, and interest in and to your brand assets, business information, customer lists, and other materials you provide to Twisal. You grant Twisal a limited, non-exclusive license to use those materials solely for the purpose of delivering the Services.

Deliverables

Upon full payment of all fees owed under a Proposal, Twisal grants the Client a perpetual, non-exclusive, worldwide license to use the Deliverables within the Client's own business. This license does not include the right to resell, sublicense, or distribute Twisal's underlying proprietary systems, templates, or methodologies.

Portfolio and case study rights

Twisal may reference the Client's business name, logo, and anonymized performance results in case studies, marketing materials, and pitches. No confidential data or individually identifiable customer information will be disclosed. The Client may opt out of this use by providing written notice to [email protected].

Data & confidentiality

Each party agrees to protect the Confidential Information of the other. "Confidential Information" means non-public information disclosed in connection with these Services, including business strategies, financial data, customer lists, pricing, and technical specifications.

Neither party will disclose the other's Confidential Information to any third party or use it for any purpose outside this agreement, except as required by law. Each party will use reasonable care to protect Confidential Information, at least as protective as the care it uses for its own confidential information.

Twisal's collection, use, and processing of personal data is governed by the Privacy Policy. For healthcare clients handling Protected Health Information, a separate Business Associate Agreement (BAA) applies and controls in the event of conflict with these Terms.

Third-party tools

The Services rely on Third-Party Tools including, without limitation, GoHighLevel, Stripe, Google Workspace, Instantly, Make.com, PandaDoc, and others. These tools are owned and operated by their respective providers and are governed by their own terms of service and privacy policies.

You acknowledge that:

• Twisal does not control the availability, performance, pricing, or features of Third-Party Tools
• Changes, outages, or policy updates from these providers may affect delivery of the Services
• Some Third-Party Tools may require the Client to hold a direct account and pay separate fees
• Twisal is not liable for failures, downtime, data loss, or account suspensions caused by Third-Party Tools

Twisal will make commercially reasonable efforts to work around Third-Party Tool disruptions, but cannot guarantee continuity of any specific feature or integration.

Results disclaimer

Twisal designs revenue infrastructure intended to improve lead response, booking rates, and conversion of inbound demand. However:

• Results depend on factors outside Twisal's control, including the Client's market, pricing, sales capability, product quality, reputation, team, and operational execution
• Performance examples, case studies, or projections shared during the sales process are illustrative, not guaranteed
• Past results of other Twisal clients do not guarantee future results for any specific Client

Warranties & disclaimers

Twisal warrants that the Services will be performed in a professional and workmanlike manner consistent with industry standards.

Limitation of liability

To the maximum extent permitted by applicable law:

• Neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, regardless of the theory of liability.
• Twisal's total aggregate liability arising out of or relating to these Terms or the Services will not exceed the total fees paid by the Client to Twisal in the three (3) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, Twisal's liability is limited to the greatest extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless Twisal, HYPEXT Corp, and their officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your breach of these Terms or any representation made to Twisal
• Your violation of any applicable law, including TCPA, CAN-SPAM, HIPAA, or consumer protection laws
• The content, products, or services you sell to your customers
• Communications sent from your systems to your customers or leads
• Any claim brought by a third party (including your end-customers or employees) relating to your business operations

Twisal will promptly notify you of any claim subject to indemnification and cooperate reasonably in the defense, at your expense.

Term & termination

Term

These Terms begin on the date you first accept them and continue until all engagements under Proposals have concluded and all fees are paid.

Retainer cancellation

Either party may cancel a monthly Retainer with 30 days' written notice prior to the next billing date. Cancellation takes effect at the end of the current paid billing period. No prorated refunds are issued for partial months.

Termination for cause

Either party may terminate immediately if the other party materially breaches these Terms and fails to cure the breach within 14 days of written notice. Twisal may terminate immediately and without notice if the Client fails to pay undisputed fees beyond the 30-day default window, or if the Client's use of the Services would expose Twisal to legal, regulatory, or reputational harm.

Effect of termination

Upon termination:

• All unpaid fees become immediately due
• Twisal will provide reasonable offboarding assistance to transfer Client-owned assets and access, billed at standard rates if outside the scope of the original Proposal
• Twisal retains the right to retain anonymized performance data for internal analysis and improvement
• Sections that by their nature should survive (IP, confidentiality, limitations of liability, indemnification, dispute resolution) continue to apply

Dispute resolution

Governing law

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Good-faith negotiation

Before initiating any formal proceedings, the parties will attempt in good faith to resolve any dispute through direct negotiation for at least 30 days, beginning on the date one party sends written notice of the dispute to the other.

Binding arbitration

If the dispute cannot be resolved through negotiation, it will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Orange County, Florida, and the arbitrator's decision will be final and enforceable in any court of competent jurisdiction.

Class action waiver

To the fullest extent permitted by law, each party waives any right to participate in a class, collective, or representative action against the other. Disputes must be brought in an individual capacity.

Injunctive relief

Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.

General provisions

Entire agreement

These Terms, together with any executed Proposal, BAA, or written amendment, constitute the entire agreement between the parties and supersede all prior agreements, proposals, and communications, whether oral or written.

Modifications

Twisal may update these Terms from time to time. Material changes will be posted on this page with an updated "Last Updated" date, and where appropriate, Twisal will provide notice to active Clients at least 30 days before the changes take effect. Continued use of the Services after the effective date constitutes acceptance.

Assignment

You may not assign or transfer these Terms without Twisal's prior written consent. Twisal may assign these Terms to an affiliate, including HYPEXT Corp, or in connection with a merger, acquisition, or sale of assets, without notice.

Severability

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. The unenforceable provision will be replaced with an enforceable provision that most closely reflects the original intent.

Waiver

The failure of either party to enforce any right or provision of these Terms is not a waiver of that right or provision.

Force majeure

Neither party is liable for failure or delay in performance caused by events beyond reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, internet or utility outages, or failures of Third-Party Tools.

Notices

Notices to Twisal must be sent in writing to [email protected]. Notices to the Client will be sent to the primary email address on file. Notices are effective upon delivery.

Relationship of parties

Twisal is an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.

Contact us

Questions about these Terms? Reach the team through any of the channels below. We respond to legal and contractual inquiries within 5 business days.