Last update: 7 July, 2026
These Terms of Service, along with the Privacy Policy, and all notices and policies made available on the mobile app "Twinkly" (together, "Terms of Service") constitute your agreement with Twinkly and are incorporated by reference into these Terms of Service.
Twinkly provides the User with the Services subject to acceptance of these Terms of Service. Users declare and acknowledge having fully read and accepted these Terms of Service.
If you are a consumer in the EU or UK you will have certain mandatory consumer rights which we commit to comply with. If you are a consumer living elsewhere, you may also have consumer rights under the laws of your territory. Nothing in these Terms of Service affects your mandatory consumer rights.
"Account": refers to a User profile following a registration on the App.
"App": under these Terms of Service, refers to the Twinkly mobile App and the web-app granting access to the Twinkly interface where Users can use the Services.
"Twinkly, we, us": refers to Twinkly S.r.l., a company incorporated under the laws of Italy with registered address at Via Tortona, 37 - 20144 Milan (MI), Italy, which is your counterparty in these Terms of Service.
"User(s)" "you", "your": refers to any individual over 18 years of age, legally allowed to and capable of entering into contracts, who uses the App, our Services and/or has an Account on the App.
"User Content": refers to all the elements provided by any User on the App, including text, document, image, photo, effects, etc.
"Services": refers to any and all services available to Users on the App, as defined under these Terms of Service, including creating the Account, designing and customizing lights effects, sharing effects with other users, etc.
The App is an application (mobile-app for Twinkly products) that as part of its Services allows Users to create the Account, access to our patented mapping technology, connect, manage and control any Twinkly devices. It also provides its Users with other ancillary services.
Users can submit various content on the App, in particular when sharing lights effects with other Users of the App. Therefore, we want to inform you, as a valued member of our community, about our expectations when it comes to User Content, and what happens if any of them is reported as in violation of our Terms of Service.
We expect all User Content to be fair, clear, truthful, useful for our community, respectful to people and businesses, and original (we care about your point of view and your own perspective, so for example, we do not accept Content in violation of third-party intellectual property rights, as further explained in this paragraph). We are a third-party in the relationship between Users, and we do not take one side when a dispute arises, nor concerning User Content.
Users must follow the below indicated rules when posting any User Content.
Any Users have the ability to give notice of a claim or objection relating to illicit elements or User Content submitted on the App.
User Content may be rejected or deleted in case of a violation of any of these Terms of Service, and/or upon being reported by other Users, for the following reasons:
If a User believes elements or content posted on the App is illegal and/or in breach of their intellectual property rights, they have the right to notify Twinkly by sending an email to help@twinkly.com including all available evidence to support ownership of the rights, or other relevant information. Once this procedure has been followed, and after the accuracy of the notice has been checked, Twinkly shall endeavour to promptly remove the illicit content. It is possible for the User that published the removed content to appeal against this decision.
Twinkly, after applying the procedures for the rejection or deletion of the User Content, may undertake additional actions such as sending a warning to the User, up to deactivating User's Account.
Use of the App is subject to the following cumulative eligibility requirements: (i) you are at least 18 years of age; (ii) you have the legal capacity to be bound by legal obligations. By creating an Account and requesting our Services, you warrant and represent that you meet the above-mentioned requirements.
Account ownership is based on the personal data and details provided when signing up to our Services. To this end, Users undertake to provide accurate, up-to-date and truthful information, in particular regarding their title, last name, first name and email address which are necessary for their proper identification in relation to the opening and maintenance of their Account. Users are not allowed to sign up or otherwise create an Account on behalf of a third party.
During the creation of their Account, Users choose an email and a password ("Credentials") enabling them to access their Account.
The Credentials are personal and confidential. They can only be changed at the request of the User concerned or at the initiative of Twinkly.
Users are solely and entirely responsible for the use of their Account and the Credentials concerning them and undertake to do everything possible and reasonable to keep their Credentials secret and to not disclose them to anyone in any form whatsoever. It is strictly forbidden to share said sets of data with any third parties.
In the event you suspect that your Account or your Credentials have been or are being used by a third party, or have been compromised, you must immediately follow the procedure enabling them to be modified. Otherwise, we may attribute all use of your account to you.
To terminate your Account, you need to login to your Account and follow "settings > delete account".
Users are informed that, as of the closure of their Account, they will no longer be able to benefit from the Services offered by Twinkly.
As a User, you have the right and possibility to close your Account at any time as described in these Terms of Service. Termination of your Account will constitute termination of these Terms of Service.
Twinkly reserves the right to amend these Terms of Service or any additional terms at any time, in whole or in part to reflect, for example, changes to the legal framework or changes to the Services offered on the App. We will post notices of changes of the Terms of Service or any additional terms on the App in case of material changes. It is therefore the User's responsibility to regularly consult the latest version of these Terms of Service. If the User does not agree to any amendments to the Terms of Service, as notified in advance in accordance with applicable EU laws, he or she shall stop using the App and the Services. By continuing to use the Services or the App beyond the given notice, Users are providing their agreement to be bound by the updated Terms of Service.
If you are a consumer in the EU or UK, you have a legal right to withdraw from these Terms of Use within 14 days of your creation of the Account. You can do this or cancel these Terms of Service at any other time, by closing your Account as described in article 3.6.
To the maximum extent permitted by applicable law, Users agree to release, defend (at Twinkly's option), indemnify, and hold Twinkly (including its affiliated companies, and their personnel, directors and agents) harmless from and against any claims, liabilities, damages, losses, fines, sanctions, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) their breach of these Terms of Service (including any supplemental or additional terms that apply to a Service) (ii) their improper use of the App or Services (including and without limitation the posting of User Content), (iii) their interaction with any User, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) their breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by you.
In any case, Users explicitly acknowledge and agree to use the App at their own risk and under their sole responsibility.
You acknowledge that Twinkly has no general obligation to monitor the use of the App and verify content provided by our Users, but has the right to review, disable access to, remove, or edit User Content to: (i) operate, secure and improve the App (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms of Service and guidelines incorporated therein; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address User Content that we determine is harmful or objectionable; (v) take actions set out in these Terms of Service; and (vi) maintain and enforce any quality or eligibility criteria, including by removing User Contents that don’t meet quality and eligibility criteria.
Where we remove or disable User Content, we will notify the User and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Users or third parties, or (iii) contravene applicable laws. Users may appeal to such a decision by contacting our customer service.
We make our best efforts to ensure that the App is available and fully functional. However, to the maximum extent permitted under applicable law, we do not warrant that the App will be always available, undisrupted, and error-free. In this regard, you acknowledge and accept that all data available on the App is provided for information purposes only. Accordingly, Twinkly shall not be held liable for any failure to access the App or for any damage or loss arising out of the use or inability to use the App or its content, except as provided by law.
Users agree not to engage in the prohibited actions mentioned below:
Engaging in any of the activities listed under this art. 6.2 shall constitute breach of contract and expose Users to the consequences listed under these Terms of Service.
Users agree to cooperate with and assist Twinkly in good faith, and to provide Twinkly with such information and take such actions as may be reasonably requested by Twinkly with respect to any investigation undertaken by Twinkly regarding the use or abuse of the App, our trust & safety procedures, anti-fraud practices and the integrity of the platform overall.
In the event of the total or partial non-compliance or non-respect by a User of any of the obligations or provisions of these Terms of Service, or in the event that a User performs any of the prohibited actions as set out in these Terms of Service, or for any other reasonable reason, Twinkly may modify, suspend, limit or remove access to any or all of the Services of the App, including by deactivating the User's Account and deleting the User’s Content, with or under exceptional circumstances without notice and without any right whatsoever for the User to claim compensation, and without prejudice to any compensation that Twinkly may otherwise claim in court.
Without prejudice to the actions imposed by Twinkly under Article 6.4.1, Twinkly shall also be entitled to claim compensation for any damage incurred.
We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our App and Services. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, or other intellectual property rights unless you have our express permission.
We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms of Service. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms of Service. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
You accept not to upload into the Services or the App, or post, email, transmit, share, or otherwise use, in conjunction with, or related in any manner with the Services or the App, content for which you do not have the prior authorization of their titleholders. We are not responsible for said content nor the actions you may take with respect to the content, and you shall not use third party content unless you have first obtained the permission of its owner.
By way of example, you shall not use photographs, text, graphics, information, trademarks, trade names, or other content protected under intellectual property rights that are not yours, except when the corresponding owner has expressly given its approval. We may delete at any time any content that breaches this section, without prior notice and accepting no liability for any such deletion.
Users agree that by sharing User Content on the App they automatically grant to Twinkly a worldwide, irrevocable, non-exclusive, royalty-free licence to use, copy, display, adapt, modify, translate, distribute, have distributed or promoted, incorporate into any advertisements or other materials, create derivative works thereof, enhance, disseminate, or otherwise distribute such User Content. The rights you grant in this license are for the limited purpose of operating and providing our Services.
In the event that any provision of these Terms of Service are declared null and void, illegal, unenforceable or inapplicable, the validity, legality, enforceability or application of the other provisions of these Terms of Service shall in no way be affected or impaired, these other provisions remaining in force and retaining their full effect.
Users may not assign, transfer, or delegate their rights or obligations under these Terms of Service without Twinkly’s prior written consent. Twinkly may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, to any affiliated company, and to other third parties with 30 days’ prior notice.
Except as may be otherwise provided in these Terms of Service, the failure or delay by Twinkly in exercising any of its rights or remedy under the terms these Terms of Service shall not constitute a waiver of the right or remedy or prevent any further exercising of the right or remedy. On the contrary, such right or remedy shall remain in full force and effect. Any rights not expressly granted herein are reserved.
To the extent permitted by law, these Terms of Service and relationship between Twinkly and Users are governed and interpreted in accordance with Italian law. If you are acting as a consumer in the UK or EU, this shall not prevent the application of those mandatory rights you are entitled to under the applicable law of your Country of residence.
To the extent permitted by law, any claim, dispute or matter arising under or in connection with these Terms of Service shall be dealt with by the competent court of Padova, Italy. If you are acting as a consumer in the UK or EU, this shall not prevent the application of those mandatory rights you are entitled to under applicable law.