Terms & Conditions

Please read this Agreement carefully to ensure you understand each provision.

These Terms of Use apply to all users of the Touchling Service. Please note that if you have executed a separate written agreement with Touchling Inc, regarding your use of certain Touchling Services, that agreement and not these Terms of Use applies to those Touchling Services. For example, if you have purchased Touchling Enterprise under the Touchling Enterprise Terms of Use (“Software License Agreement”), then your use will remain covered by such terms.

These Terms of Service (“Terms”) govern your use of Touchling Inc. (“Company”, Touchling) web site located at https://www.touchling.com (the “Site”) and the services that are made available through the Site (collectively, the “Touchling Service”). Please read these Terms carefully. By using the Touchling Service, you are stating that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Touchling Service.

Arbitration Agreement. This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

Your Responsibilities. You agree not to use the Touchling Service to violate any local, state, national, or international law or regulation.

Your Account Terms. You may not access the Touchling Service through automated methods, such as the use of robots or other computer code which calls the Service, except where explicitly allowed. Each user provides a valid email address and any other information requested in order to fully complete the signup process and create a login. You may only create a separate login for as many Users as your current Touchling Plan allows. The sharing of your Touchling Account login credentials is strictly prohibited. You are responsible for maintaining the security of each User’s account, username and password and you are responsible to ensure that each User associated with your Touchling Account complies with these Terms. Touchling is not liable for any loss or damage from your (or your Users’) failure to comply with these Terms. You are solely responsible for all Data posted to your account and all activity that occurs under your Touchling account (even when Data is posted by others who have accounts under your Account). You may not use the Touchling Service for any illegal or unauthorized purpose as described in the Terms of Use.

If you are a Touchling Enterprise User, please see your Account Terms as included in the Touchling Enterprise Terms of Use.

Forms and Submissions. Touchling does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the Touchling Service (“Forms and Submissions”). As between Touchling and you, you own all rights to your Forms and Submissions. When you make a Form, Submissions page or a Report “public”, you grant Touchling Inc. a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Forms and Submissions (in whole or in part) in any format or medium now known or later developed. Submissions and Reports will only made public with your permission. Touchling Inc. does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions.

 

Spam. You agree that you will not use the Touchling Service or any form(s) you create using the Touchling Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting a Touchling form as a money-making program on a classified ads site as an example of that. Any account reported or found doing so will be immediately suspended.

Phishing. You agree that Touchling Inc. may terminate your Touchling Service immediately if a form’s purpose is found to be deceptively obtaining, for example: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account along with the violating forms will be suspended immediately.

Collecting Sensitive Information. You may not use the Touchling Service to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You may collect some sensitive information such as social security numbers or driver’s license numbers, but you are required to use best security practices of Touchling Inc. including SSL and Encrypted Forms features. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.

European Data Collection. If you collect personal data in Europe, you must use EU Safe Forms feature of Touchling Service.

Additional information for California residents. With regard to the California Consumer Privacy Act of 2018, Touchling Inc. does not sell or share or make available your form data without your express permission. Although we do not sell or share your personal information, if you would like to opt-out from us ever doing so, please submit a written request to our Customer Support or fill our opt-out form.

 

Copyright Infringement. Touchling Inc. respects the intellectual property rights of others. Accordingly, Touchling Inc. has a policy of disabling access to any Submission that violates copyright law, suspending access to the Touchling Service to any user who uses the Touchling Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Touchling Service in violation of copyright law.

Trademarks. Touchling is a registered trademark of Touchling Inc. The Touchling logo is a trademark of Touchling Inc. You are not authorized to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with Touchling. You agree not to display or use, in any manner, any of the Trademarks or copyrighted material without the prior written consent of Touchling Inc. All other third party trademarks, service marks, logos and trade names appearing on any services which are part of the Touchling Service are the property of their respective owners. No transfer or grant of any rights under any Trademarks is made or is to be implied by any provision of this Agreement or by any other provision contained in the Touchling Service, and all rights in such Trademarks is reserved by Touchling Inc. or respective holders.

 

Termination. You agree that Touchling Inc. may terminate your Touchling Service membership or suspend your access to all or part of the Touchling Service, without notice, if Touchling Inc. determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that Touchling Inc. shall not be liable to you or any third party for removing your submissions or suspending or terminating your access to the Touchling Service. You may discontinue your participation in and access to the Touchling Service at any time.

Upon termination of this Agreement, for any reason, you agree to cease all use of the Touchling Service. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue prospective hosting of Forms and Form Submission Data.

 

Modifications To Terms. Touchling Inc. may, in its sole and absolute discretion, change these Terms from time to time. Touchling Inc. will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the Touchling Service. Continued use of the Touchling Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

 

Modifications To Touchling Service. Prices of all Touchling Services, including but not limited to subscription plan fees to the Touchling Service. Touchling Inc. reserves the right to modify or discontinue the Touchling Service with or without notice to you. Any subscription(s) that are pre-paid shall not be affected by this notice until the expiration of said subscription(s). Such notice may be provided at any time by posting the changes to the Touchling website or the Touchling Service itself.

Touchling Inc. shall not be liable to you or any third party should Touchling exercise its right to modify or discontinue the Touchling Service.

Touchling Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service as envisaged under Termination section.

Touchling Inc. shall not be liable in any event for matters which arise due to circumstances beyond our reasonable control.

 

Email Communications. By giving your email address to Touchling Inc. you agree to receive administrative, announcements, newsletters, sales, and marketing emails from Touchling Inc. You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails.

Links. Touchling Inc. provision of a link to any other website or Internet resource is for your convenience only and does not signify Touchling Inc. endorsement of such other web site or resource or its contents. Touchling Inc. shall have no responsibility or liability for any information, software, or materials found at any other web site or Internet resource.

Touchling Inc. is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Websites. As a convenience to our members, Touchling Inc. provides links to resources. Touchling Inc. makes no representations as to the quality, suitability, functionality or legality of any websites to which Touchling Inc. may provide links, and you hereby waives any claim you or the User may have against Touchling Inc. with respect to any such websites. Unless you have a written agreement or a specific consent in effect with Touchling Inc. which states otherwise, links to the Websites may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that Touchling Inc. is affiliated with any person or entity, or that Touchling Inc. otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Websites may not be such as to damage or dilute the goodwill associated with the Touchling Inc. name and Trademarks; (c) all links to the Websites must “point” to the URL “www.Touchling.com” and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a “frame” on the linking website, or any other website.

Without limiting any of the above, Touchling Inc. reserves the right to revoke its consent to any link to the Touchling website, at any time in its sole discretion.

 

No Resale Of Touchling Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Submissions, to which Touchling Inc. agrees you retain all rights) of the Touchling Service, use of the Touchling Service, or access to the Touchling Service.

 

Email Delivery. When someone submits your forms, by default you’ll receive the results as an email notification. Touchling Inc. goes to great lengths to ensure successful delivery of emails. We do not guarantee successful delivery of your email notifications. We recommend installing Touchling mobile apps for iPhone, Apple Watch, or Android, and checking the Touchling site daily to make sure you did not miss any form submission notifications.

Form Availability. Touchling Inc. makes no warranty that forms provided by Touchling Service will be available 100% of the time and will be error free. You will be solely responsible for any damage arising from any errors on a form or unavailability of a form.

Disclaimer of Warranties. You understand and expressly agree that use of the Touchling Service is at your sole risk. the Touchling Service is provided on an “as is” and “as available” basis. Touchling Inc. expressly disclaims all warranties of any kind, whether express or implied, with respect to the Touchling Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). Touchling Inc. makes no warranty that the Touchling Service will meet your requirements, or that the Touchling Service will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of Touchling is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from Touchling Inc. or through the Touchling Service shall create any warranty not expressly made herein.

Limitation of Liability. You understand and expressly agree that, to the extent permitted under applicable law, in no event will Touchling Inc. or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the Touchling Service.

 

Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that Touchling Inc. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Touchling Inc. liability shall be the minimum permitted under such applicable law.

 

Indemnification. You agree to indemnify, defend, and hold harmless Touchling Inc., its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the Touchling Service, (b) your (or anyone using your account’s) use of the Touchling Service, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.

 

Miscellaneous. These Terms constitute the entire and exclusive and final statement of the agreement between you and Touchling with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and Touchling with respect to the subject matter hereof. These Terms and the relationship between you and Touchling Inc shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Touchling Service shall be brought in the Federal or State courts located in California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Touchling Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Touchling Inc. and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Touchling Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Touchling Service.

 

Third Party Vendors. The User may order or use services through the Touchling Service from third parties not affiliated with Touchling Inc. ( ”Third Party Vendors”). By submitting a request of any kind, including but not exclusive to Vendor Integration Requests, Connections and Interactions through the Touchling Service, you are giving to consent that all requests are authorized by you and that a Vendor may, at their discretion, perform all actions deemed necessary for the performance of service including but not exclusive to implementing vendor integration services into a live production environment without any additional authorization by you.

All matters concerning such services desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User and should be directed to such particular Third Party Vendor. Touchling makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider Touchling Inc., nor will Touchling Inc. be construed, as a party to, or a third party beneficiary of, such transactions, whether or not Touchling Inc. may have received revenue or other remuneration in connection with the transaction. Touchling Inc. will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors.

 

Privacy Policy. By using Touchling Services you indicate acceptance of these terms and agree to our Privacy Policy.

It is the policy of Touchling Inc. to respect the privacy of all Users. Your use of the Touchling Service as well as certain other information about you is subject to the terms and conditions of our Privacy Policy, which is incorporated into these Terms by reference.