TERMS OF SERVICE – APPLICATIONS
Thank you for your interest in TouchRight Software Ltd. and its various applications and web services. By accessing any of our current or future websites or mobile applications (“App”) you are agreeing to these Terms of Service as amended from time to time. These Terms of Service govern your access to and use of any current or future TouchRight mobile applications, any information, text, graphics, or other materials created and/or provided by TouchRight and appearing on any of the Apps, Files and any Services and/or software provided through the App or by TouchRight. These Terms of Service limit TouchRight’s liability and obligations to you, grant TouchRight certain rights and allow TouchRight to change, suspend or terminate your access to and use of the App, Content, Files and Services.
Your access to and use of the App, Content, Files and/or Services are expressly conditioned on your compliance with these Terms of Service. By accessing or using the App, Content, Files and/or Services you agree to be bound by these Terms of Service. You may wish to save a copy of these Terms of Service for your records. In any event, be sure to regularly check these Terms of Service for any updates or other changes, which shall be legally binding upon you when we post them, whether or not we provide you any other notice of such changes. We will try to give you reasonable notice of any major changes. Your continued use of the Service after any update will be deemed to represent your consent to be bound by, and agreement with, the new Terms of Service.
If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” will refer and apply to that business.
TouchRight Software may change these Terms of Service from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. These Terms of Service are effective from December 2012 and were last updated in March 2022.
1. SERVICE DESCRIPTION
The TouchRight service consists of products, computer programs, services and web sites hosted or made available by TouchRight, which you may use for capturing, organizing, searching, storing, synchronizing, recognizing, reporting, analyzing, sharing and transmitting any number of notes, photos, or scanned items collected in any digital manner now known or hereafter developed (collectively, the “Service”).
2. USE OF SERVICE
Subject to the terms and conditions within these Terms of Service, TouchRight grants you a non- exclusive license to utilize the Service as long as (i) you are of legal age to form a binding contract and (ii) you are not barred from receiving the Service under the laws of England and Wales. In order to access and/or use the Service, you may be required to provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of the Service, and you will be responsible for maintaining the accuracy and completeness of such information.
You may also be provided with an account, username, password and/or an email address to access or use the Service, or to enable another to access, use and modify your reports (the “Inspection Information”). You are responsible for maintaining the confidentiality of your Inspection Information and, accordingly, will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your Inspection Information. You agree to immediately notify TouchRight of any unauthorized use of your Inspection Information, account or any other breach of security.
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
3. MEMBER CONDUCT
You acknowledge and agree that all information, data, text, images, software, sounds, graphics, video, messages, tags and other materials, in whatever form and technical structure, whether publicly posted or privately transmitted or stored using the Service, are the sole responsibility of the person(s) originating such Content and introducing such Content into the Service. We reserve the right, but shall have no obligation to any person, to pre-screen, reject, review, quarantine, delete or move any Content available with the Service.
You agree that you are responsible for your own conduct and all conduct under your account, and all Content that is created, transmitted, stored or displayed by anyone using your Inspection Information with the Service and for any consequences arising as a result thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and any separate agreements you have with TouchRight (“Separate Agreement”), and all applicable laws and regulations (including, without limitation, laws and regulations relating to the recording of audio, copyright laws, privacy laws and the storage and transmission of data and technology). Without limiting the foregoing, you shall be deemed to represent and warrant to TouchRight that you have the unfettered legal rights and authority to permit you to submit your Content to TouchRight in connection with your use of the Service, and such submission and the grant to TouchRight of the rights you grant herein in connection with TouchRight’s offering and operation of the Service does not infringe the rights of any person or third party.
By submitting to TouchRight any ideas, suggestions, documents and/or proposals through the “Contact Us” interface or otherwise (collectively, “Contributions”), you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) TouchRight is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) TouchRight shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) TouchRight may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of TouchRight without any obligation of TouchRight to you; and (f) you are not entitled to any accounting, compensation or reimbursement of any kind from TouchRight under any circumstances.
You further agree to NOT:
(a) use our products or the Service for illegal purposes or for promotion of dangerous activities;
(b) impersonate any person or entity, including, but not limited to, a TouchRight staff member, or falsely state or otherwise misrepresent your affiliation with TouchRight or any other person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
(g) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Service;
(i) violate any applicable local, state, national or international law, including, but not limited to any rules of any national or other securities exchange, and any regulations having the force of law;
(j) collect or store personal data about other users for commercial purposes;
(k) allow usage by others in such a way as to violate these Terms of Service;
(l) engage in commercial activities within the Service or on behalf of TouchRight without prior approval, including but not limited to the following activities:
(i) displaying a banner that is designed to profit you or any other business or organization; or
(ii) displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites;
(m) employ tactics to prevent the full and complete display of advertisements within the Service, including, but not limited to, making style changes, customizations or overrides that effectively block or substantially impair the display of advertisements within the Service;
(n) exceed the scope of the Service that you have signed up for, for example, accessing and using features that you do not have a right to use or deleting, adding to or otherwise changing another person’s entries or other content when you have not been granted the right to do so;
(o) access (or attempt to access) any of the Service by any means other than through the interface that is provided by TouchRight (unless you have been specifically allowed to do so in a Separate Agreement), or access (or attempt to access) any of the Service through any automated means (including use of scripts, web crawlers or the like) or otherwise engage the Service in a manner reasonably likely to be harmful to the systems operating the Service or the access or use of the Service by others; and/or;
(p) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service (unless you have been specifically allowed to do so in a Separate Agreement).
If you encounter any of these prohibited uses, you may use the contact form at www.touchrightsoftware.com and follow the instructions to submit the appropriate information to TouchRight.
4. YOUR TOUCHRIGHT ACCOUNT
To access the TouchRight Service, you must create a TouchRight account associated with a valid e-mail address. You are able to create unlimited users against your TouchRight account. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents) and, except to the extent caused by our breach of these Terms of Service, TouchRight and our affiliates are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorised third party may be using your account or if your account information is lost or stolen. You may terminate your TouchRight account at any time in accordance with these Terms of Services.
You are solely responsible for obtaining the devices, equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
Lone Worker Protection. TouchRight does not prescribe how this feature should be used. It is designed to work alongside your existing lone worker policies and procedures. Mobile devices using this feature must have ‘location services’ activated to make use of GPS tracking. To get the best location accuracy we recommend devices that use a GSM SIM card. TouchRight will not be held liable for loss of connection and data or device failures. Location services may not be available in all geographic areas, meaning location-based information could be unavailable or inaccurate.
6.1 “Confidential Information” means all confidential information of a Party disclosed to the other Party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, which shall include the existence and terms of these Terms of Service including pricing, business and marketing plans, technology and technical information, product designs, and business processes. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the other Party; (ii) was known to a Party prior to its disclosure by the other Party; or (iii) is received from a third party without breach of any obligation owed to the other Party;
6.2 Each Party undertakes that it shall not at any time, and for a period of five years after termination of these Terms of Service, disclose to any person any Confidential Information, except as permitted by clause 6.3).
6.3 Each Party may disclose the other Party’s Confidential Information:
a) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising that Party’s rights or carrying out its obligations under or in connection with these Terms of Service. Each Party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other Party’s Confidential Information comply with this clause 6; and
b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
6.4 Neither Party shall use the other Party’s Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with these Terms of Service.
7. PROPRIETARY RIGHTS, LICENSES AND LIMITATIONS
You acknowledge and agree that TouchRight (and any licensors to TouchRight) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service (the “Software”), and all intellectual property rights therein (whether registered or not and wherever existing in the world). You further acknowledge and agree that the rights in the Service, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms of Service and any Separate Agreement. Except for the limited license rights specifically granted to you in these Terms of Service (and any rights expressly granted to you in a Separate Agreement), TouchRight and its suppliers own and shall retain all rights, title and interests, including, without limitation, intellectual property rights, in and to the Service and all Software utilized therein (and all copies thereof and related materials that are delivered or made available to you with the Service).
Except for the limited license and other rights granted in these Terms of Service, you retain all of the rights you had in your Content before you submitted it; unless you elect to enable others to view or have access to the Content you submit to the Service, no one else should see your Content without your consent. Of course, if you do elect to publish and share any portion of your Content you are enabling each of those permitted users access to and the ability to comment on your Content.
TouchRight hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by TouchRight as part of the Service as provided to you by TouchRight, for the sole purpose of enabling you to use and enjoy the benefit of the Service as permitted by these Terms of Service, until your rights are terminated in accordance with these Terms of Service.
8. SERVICE COMPONENTS
We retain the right, at our sole discretion, to implement limits to the nature or size of storage available to you, the number of transmissions and email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. You acknowledge that a variety of TouchRight actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that TouchRight has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. Notwithstanding anything herein contained to the contrary, TouchRight reserves the right to cease operations at any time with or without prior notice to anyone.
TouchRight has integrations with a number of third-party software providers to allow data to be shared between systems. If you want to use these integrations, you acknowledge that in using the Service to send electronic communications (including but not limited to email and uploading Content, and other Internet activities), you will be causing communications to be sent through computer networks owned by TouchRight and these other third parties. The control of data within the third-party systems is not the responsibility of TouchRight. You understand that TouchRight, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
9. DATA STORAGE
TouchRight Software uses Amazon Web Services (AWS) to host its software and applications. AWS is responsible for managing the security of the underlying cloud environment. AWS does not know what data customers are storing in AWS services, so AWS cannot distinguish personal data from any other type of data stored by a customer as part of that customer’s content.
AWS’ world-class, highly secure data centres utilize state-of-the art electronic surveillance and multi-factor access control systems. Data centres are staffed 24×7 by trained security guards, and access is authorized strictly on a least privileged basis, limited to system administration purposes.
AWS are vigilant about the security of their underlying cloud environment, and have implemented sophisticated technical and organisational measures against unauthorized access. Customers can validate the security controls in place within the AWS environment through AWS certifications and reports, including the AWS Service Organization Control (SOC) 1 and 2 reports, ISO 27001 certification and PCI-DSS compliance reports. These reports and certifications are produced by independent third-party auditors and attest to the design and operating effectiveness of AWS security controls. The applicable AWS compliance certifications and reports can be requested at https://aws.amazon.com/compliance/contact. More information on AWS compliance certifications, reports, and alignment with best practices and standards can be found at the AWS compliance site.
Amazon Web Services Inc. is a controlled U.S. subsidiary of Amazon.com, Inc. You agree and acknowledge that TouchRight (if necessary) will transfer content from AWS’ EU regions to the US regions.
All underlying TouchRight software platforms are constantly maintained and all relevant security updates installed as required.
10. SPEED OF AWS SERVICE
TouchRight customers could be impacted by the volumes of data going through AWS. The greater the load on the AWS server, the slower the response could be, however the impact will be negligible (fractions of seconds).
11. SECURITY OF CUSTOMER DATA
TouchRight Software has the following policies in place to secure the data that is stored:
- Strong password policies, assigning appropriate permissions to users and taking robust steps to protect their access keys
- Appropriate firewalls and network segmentation including use of SSL and properly architecting systems to decrease the risk of data loss and unauthorised access
- Appropriate redundancy schemes and backup strategies to mitigate the risk of data loss or unavailability
AWS data centres are built in clusters in various countries around the world. TouchRight Software has access to eleven AWS regions around the globe, including two regions in the EU.
- Ireland (Dublin) and Germany (Frankfurt). TouchRight has chosen Ireland (Dublin) to store TouchRight customer data. AWS does not move customer content outside of our chosen regions. TouchRight would only choose to move data to another region if server issues in Ireland were causing customer data to be inaccessible or insecure.
11. BACK UPS AND RESTORING DATA
All TouchRight data stored on AWS is backed-up daily every night. If TouchRight suffered a major data loss, this daily backup could be restored within 24 hours.
We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof (including Software), with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. In connection with any modification of the Service, TouchRight may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit TouchRight to deliver these to you (and you to receive them) as part of your use of the Service.
You may discontinue your use of the Service at any time, for any or no reason, by providing 60 days written notice. All property data and reports will be unavailable once the notice period has expired. Alternatively, reports and photos can be retained for view access only with the Hibernate Plan. TouchRight may also terminate the Service, or your access to or use of the Service or your account, with or without notice. Reasons for TouchRight terminating your account or the Service include, without limitation:
(a) breach or violation of these Terms of Service or any Separate Agreement
(b) your request or self-effecting account deletion
(c) an extended period of inactivity (determined in TouchRight’s sole discretion)
(d) your non-payment of any fees or other sums due TouchRight or any other party related to your use of the Service
(e) downgrading and upgrading your payment plans on a regular basis
(f) requests by law enforcement or other government agencies
(g) the discontinuance or material modification to the Service (or any part thereof)
(h) unexpected technical or security issues or problems or
(i) for no reason at all.
Except where TouchRight has serious grounds for not doing so, TouchRight shall give you reasonable notice prior to exercising such termination rights. In the event of any termination, we will close your account and you will no longer be able to retrieve Content contained in that account or otherwise use the Service. Except where these Terms of Service are terminated:
(a) by TouchRight for a breach of these Terms of Service by you; or
(b) by you for convenience, TouchRight shall reimburse you for any properties paid for but not yet delivered at the time of termination (if any).
We may include the use of third-party resources and/or links to third-party websites as part of the Service. We have no control over such sites and resources and, accordingly, you acknowledge and agree that (a) we are not responsible for the availability of such external sites or resources; (b) we do not endorse and are not responsible or liable for any content or other materials available from such sites or resources and (c) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or materials available on or through any such site or resource.
16. PRICING TERMS AND CONDITIONS
Prior to the purchase of any goods or Services from TouchRight, you must open an account with the payment processing service, GoCardless, so that direct debit transactions can be accepted for your TouchRight account. You will automatically be directed to this service when you upgrade your pricing plans. Dependent on your pricing plan, you will either be billed every 30 days from the date at which you set up your payment, or at the beginning of the month, for reports and usage completed during the previous month, depending on the plan you have subscribed to.
Your contract for goods and Services is with TouchRight, who wants to let you use GoCardless payment processing services. GoCardless is not involved in the actual supply of any goods and Services from TouchRight.
While you can ask GoCardless to cancel a payment, this may not automatically cancel your account with TouchRight. If you wish to cancel your account with TouchRight, or there is a problem with any of the goods or services you have ordered, please contact the TouchRight directly. GoCardless cannot initiate refunds for transactions that are processed through the GoCardless system.
To find out more about the GoCardless terms and conditions, please review their website www.gocardless.com/legal/customers.
When you upgrade your account, you will be charged the current fees then in effect for the applicable quantity of goods and/or Services you have selected. All sales of goods and/or Services are final. All charges from those sales are non-refundable. TouchRight may change or revise its prices at any time.
17. MINIMUM USAGE POLICY
Your account will be reviewed at regular intervals, including the amount of data stored with TouchRight.
If you are on a plan where you pay for each report you complete, and we hold and store your reports and photos, we reserve the right to charge a minimum monthly storage fee. This will start from £5 + VAT per month if the account has been inactive for a period of time.
You agree to indemnify and hold TouchRight, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) (collectively “Liabilities”) arising from or in any way related to any third-party claims relating to your use of any of the Service, or any violation of these Terms of Service by you or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, or Liabilities we will provide notice of the claim, or Liabilities suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
19. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
(a) your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. to the maximum extent permitted by law, TouchRight Software Limited expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
(b) TouchRight Software Limited does not warrant that (i) the service will meet all of your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; or (iii) errors in the software will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer or other device or loss of data that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained by you from TouchRight Software Limited or through or from the Service shall create any warranty not expressly stated in these Terms of Service.
20. LIMITATION OF LIABILITY
You expressly understand and agree that TouchRight Software Limited, its subsidiaries, affiliates and licensors, and our and their respective officers, employees, agents, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of deposits, profits, goodwill, use, data, cover or other intangible losses (even if TouchRight Software Limited has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or service purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or the loss, corruption or alteration of your transmissions, content or data; (iv) statements or conduct of any third party on or using the service; (v) TouchRight Software Limited’s actions or omissions in reliance upon your inspection information and any changes thereto or notices received therefrom; (vi) your failure to protect the confidentiality of any passwords or access rights to your inspection information; (vii) the acts or omissions of any third party using the service; (viii) any advertising content or your purchase or use of any advertised product or service; (ix) the termination of your account in accordance with the terms of these Terms of Service; or (x) any other matter relating to the service.
21.1 If any provision or part-provision of these Terms of Service is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms of Service.
21.2 If any provision or part-provision of these Terms of Service is deemed deleted under Clause 21.1, a replacement valid, legal and enforceable provision will be deemed inserted that, to the greatest extent possible, achieves the intended commercial result of the original provision.
22. EXCLUSIONS AND LIMITATIONS
Nothing in these Terms of Service is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited under the laws of England and Wales, including liability for death or injury caused by negligence or for fraudulent misrepresentation. Accordingly, only those limitations in clauses 19 and 20 which are lawful in England and Wales will apply to you and our liability will be limited to the maximum extent permitted by law.
23. GOVERNING LAW AND JURISDICTION
These Terms of Service and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
This website is provided by TouchRight Software Ltd.
This website is for your own private use. By accessing this website, you agree:
- not to use this website or its content in contravention of any regulation or legislation;
- not to copy, amend, reproduce or distribute the content, or disclose the content to third parties, other than in compliance with the Copyright Notice paragraph below; and
- not to advertise or sell any goods or services to other users of this website or to benefit commercially from its content.
Intellectual Property Rights
We, our suppliers or third parties who have granted us permission to reproduce their material on this website, own all trademarks, copyright and all other intellectual property rights in the content on this website.
With the exception of copyright belonging to third parties and unless otherwise stated, copyright in the pages of this website and all other material available through it belongs to TouchRight Software Ltd.
You may print or save copies of the content of this website for your own personal use and you may provide copies to others for information purposes, on the basis that:
- you do so on an occasional basis and free of charge;
- the copies are not tampered with in any way; and
Any other reproduction, transmission and storing of all or part of this website and the materials available through it, in any medium, without the written permission of TouchRight Software Ltd, is prohibited.
You may not provide an electronic link to any page of this website or to any other documents hosted on this website without our consent.
Limitations and Exclusions of our Liability
Our website and its contents are provided for general information purposes only and nothing on this website or in its contents is intended to provide medical or other professional advice. We do not accept any responsibility for any loss which may arise from reliance on information or materials published on this website. If you wish to find out more about the information in the materials published, please contact us by email.
We are not responsible or liable for any matter relating to you or any third parties accessing or using this website and its contents.
We do not endorse nor are we responsible for the contents of websites operated by others that link to this website or that are accessible from it.
Our rights herein may be waived only in writing and specifically.
Copyright © TouchRight Software Ltd.