Updated on February 3, 2025
Touchpoint is a software-as-a-service (SaaS) customer service platform (“Touchpoint”) operated by the TextMagic company (“TextMagic”) on the touchpoint.com website. The features and the functionalities of Touchpoint are designed to facilitate customer support operations, including but not limited to ticket management, live-chat support, contact management and workflow automation, offered to clients with the purpose of enhancing customer service processes and engagement.
These Terms of Service govern your use of the Services that TextMagic provides via Touchpoint. These Terms are addressed to “you.” According to the context, “you” shall mean the Client, authorized representatives of the Client who are using Touchpoint, the Website and the Services on behalf of the Client, Users registered in the Client’s organization and authorized by the Client to access and use Touchpoint and the Services, and other visitors to the Website who are not registered Clients or Users of Touchpoint or the Services.
Please read these Terms of Service carefully prior to using Touchpoint, the Website and the Services.
1. GENERAL DEFINITIONS
| „TextMagic“, „we“ or „us“ | TextMagic Limited, a limited liability company registered in England and Wales under company number 05286521 with the registered office at Salisbury House, Station Road, Cambridge, Cambridgeshire CB1 2LA, and all its affiliates |
| Touchpoint | the SaaS customer service platform, available at touchpoint.com, that enables clients to perform actions related to managing customer service operations Touchpoint’s features and functionalities assist clients in connecting with their leads, prospects and customers via email, SMS, live chat, voice calls and social media channels, facilitates ticket and contact management, and enables workflow automation in a single interface. |
| Website | the website of Touchpoint, available at www.touchpoint.com |
| Services | any Touchpoint services provided by us via the Website, as specified in Clause 3.1 below |
| Client | any legal entity (an entity other than a natural person) who wishes to use Touchpoint and has therefore made a Client Workspace on the Website and uses it and the Services according to these Terms of Service |
| User | any representative, employee, or other natural person authorized by the Client to access and use Touchpoint and the Services as a member of the Client’s organization and Touchpoint team, who registers a User Account on the Website and uses Touchpoint and the Services according to these Terms of Service |
| Customer | any natural or legal person who is engaged or otherwise communicated with by the Client via any Touchpoint Service and channel (including email, SMS, phone call, live chat, WhatsApp, etc.) The term “Customer” shall refer to any customer, lead, prospect, partner and any other business or other contact of a Client in any way interacted with via Touchpoint and the Services. |
| Subscription | the subscription plan enabling the Client and any User to access and use Touchpoint and the Services |
| Content | any messages, comments, videos, audio clips, music, data, text, photographs, software, scripts, graphics, or any other content generated, provided, or otherwise submitted to TextMagic by the Client and Users in the course of using Touchpoint, the Website and the Services |
| Terms | these terms of service and all terms, policies and guidelines incorporated into the Terms of Service by reference, including, but not limited to, the Privacy Policy and the Data Processing Agreement In the event of any conflict between the policies and these Terms, these Terms of Service shall prevail. |
| Personal Data | any information relating to an identified or identifiable natural person An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. |
| Privacy Policy | the Touchpoint privacy policy, available at https://www.touchpoint.com/privacy-policy/, which stipulates the terms of processing the Client’s and Users’ Personal Data by TextMagic in connection with using Touchpoint, the Website and the Services |
| Data Processing Agreement or “DPA” | the data processing agreement ancillary to these Terms of Service, which is entered into between the Client and TextMagic in conjunction with these Terms of Service for the purpose of enabling the Client to use Touchpoint Services that entail or involve processing of Customers’ Personal Data by TextMagic (as the data processor) on behalf of the Client (as the data controller) |
2. ACKNOWLEDGEMENT AND CONSENT
2.1 By accessing, viewing, logging in to or creating a Client Workspace or User Account on the Website, or by using Touchpoint or the Services, you acknowledge and agree to be bound by these Terms of Service.
2.2 You understand as well that by creating your Client Workspace / User Account on the Website, you consent to and confirm acknowledgment of the terms of processing your Personal Data as stipulated in the Privacy Policy.
2.3 You acknowledge that the nature of the Services requires that TextMagic access and process the Personal Data of your Customers (including your customers, business partners, subscribers, leads, prospects and any other natural persons you engage via Touchpoint) who do not have any contractual relationship with TextMagic. TextMagic can provide the Services to the Client and legally process the Personal Data of such Customers of the Client, if the Client as the data controller authorizes TextMagic as the data processor by accepting and adhering to the terms of the Data Processing Agreement annexed to these Terms of Service. You also acknowledge that, under applicable law, some Personal Data can be processed without your consent and that TextMagic reserves the right to undertake such processing when appropriate.
2.4 You confirm and guarantee that at all times while using Touchpoint, including your Client Workspace / User Account, the Website and the Services, you have all the necessary consents and authorizations for the processing of all Personal Data that you submit to TextMagic. You are obliged to inform TextMagic immediately of the withdrawal of consent for the processing of any Personal Data submitted to TextMagic, of the expiry of the legal grounds for processing, and of modification, inaccuracy or change to the submitted Personal Data.
2.5 When using Services for direct marketing, you are responsible for complying with all the legal requirements in connection with direct marketing and Data Subjects’ rights. TextMagic is only providing the platform for communication with your Customers and other Data Subjects; you are solely responsible for the Content of your communications and messages sent using Touchpoint. You understand that there are different legal rules for direct marketing in different countries. When you use Services for direct marketing, you must comply with all requirements for direct marketing of the country where the recipient of the direct marketing message is residing. For instance, in European Union (EU) countries, you are obliged to send together with direct marketing a message with information on how the recipient can opt out from direct marketing, and there are also certain requirements for the Content of commercial messages.
2.6 These Terms are required to be accepted by every person (including natural and legal persons) who accesses and uses Touchpoint and the Services. To clarify, each Client and User who is accessing and/or using Touchpoint and the Services via its Client Workspace / User Account must accept and adhere to these Terms. If you do not agree with these Terms (including the Privacy Policy and the DPA), you may not use Touchpoint, the Website or the Services, and must discontinue such use immediately. Your continued access and use of Touchpoint and/or the Services signifies your acceptance of these Terms.
2.7 We reserve the right to update, amend or replace any part of these Terms on the basis of objective reason. In case of update to these Terms, TextMagic will notify you via email or by posting the revised terms on the Touchpoint Website www.touchpoint.com. Unless you delete your Client Workspace / User Account within ten (10) days, the new Terms will become effective and apply to any continued or new use of our Services.
3. SUBSTANCE OF THE SERVICES
3.1 Upon acquiring a Touchpoint Subscription on the Website, the Client and any active Users in its organization gains access to and is entitled to use any Services provided and made available by TextMagic on the Website.
3.2 A list of Services, offered functionality and availability is published on the Website.
3.3 The Services enable the Client to communicate with its Customers across all communication channels supported by Touchpoint, in particular email, SMS, live chat and phone calls.
3.4 All Touchpoint Services include artificial intelligence (AI)-powered language tools and capabilities for assistance and generation of automated messages to help you better communicate with your Customers across all channels. The Client shall be responsible for any messages and communications by the Client and any Users in its organization via Touchpoint and the Services made and constructed using our AI tools. TextMagic disclaims all liability for any Content created by you with our AI tools.
3.5 Upon acquiring a Touchpoint Subscription, you will be granted access to all Touchpoint Services named in Clause 3.1 above, and you may freely choose to use some or all of them. You can use all of these Services in sync to provide more context to your Customer interactions.
3.6 TextMagic may update Touchpoint, the Website and the Services from time to time. This includes that TextMagic may freely add, change or discontinue any Touchpoint Services at any time at its sole discretion. Please note that although TextMagic makes reasonable efforts to update the information on the Website, any of the content on the Website may be out of date at any given time, and TextMagic is under no obligation to update it. TextMagic makes no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete or up to date.
3.7 Our team will be actively developing Touchpoint after its initial release. We will only develop features that are truly useful to our Clients and Users. Every piece of feedback you provide will be the foundation of our product development
Through Touchpoint.com website, including through the Touchpoint Survey, we Process the following Personal Data about the Data Subject:
4. TOUCHPOINT WORKSPACE
4.1 To use the Services, an authorized representative of the Client shall create a Touchpoint Workspace for the Client (the “Client Workspace”) by submitting a registration application via the Website and providing the requested information. You may create a Client Workspace and enter into these Terms on behalf of a Client if you confirm that you have full legal authority to represent and bind the Client to these Terms. The Client must have full legal capacity in order to use the Services. Upon successful registration, the authorized representative shall be granted access to the Client Workspace, which holds the admin rights regarding management of the use of Touchpoint and the Services by the Client and its personnel.
4.2 You may add any number of your personnel (including any authorized representative, employee or other individual chosen at your discretion) as members to your organization and teams on Touchpoint and allow your personnel to access and use Touchpoint and the Services, by inviting new Users via your Client Workspace to create their own User Accounts to access and use Touchpoint and the Services (the “User Account”). An active User is any User Account in your organization with access to your Touchpoint Workspace. Each active User must have a valid Touchpoint Subscription plan to use Touchpoint and the Services.
4.3 To create a Client Workspace / User Account, you must submit a registration application via the Website and provide the requested information, including name, email address, organization name, password and other relevant details. To authenticate the Client Workspace / User Account, we may require you to go through our Know Your Client (KYC) process and provide additional information as necessary.
4.4 We reserve the right to reject your registration application or deactivate your Client Workspace / User Account at our own discretion at any time and without an obligation to justify our decision.
4.5 After completion of the registration application, you will be asked to accept these Terms. By doing so, you confirm that any information submitted by you upon registration is true, accurate and complete, and you consent to use Touchpoint and the Services in compliance with these Terms. The agreement between you and TextMagic for the use of Touchpoint shall become effective as of you accepting these Terms. For the avoidance of doubt, you can use Touchpoint and any Services only if you have accepted these Terms. If you do not accept these Terms, your application to register a Client Workspace / User Account will be declined and your data thereof will be deleted.
4.6 You will be able to edit your Client Workspace / User Account information at any point by adding, removing or altering any data. While using the Services, the Client and Users shall provide accurate, complete, true and up-to-date information. We reserve the right to restrict your right to use Touchpoint, the Services and the Website if we have reason to believe that editing of your Client Workspace / User Account derives from an unethical or unfair purpose, or that information provided by you is misleading, inappropriate or unsuitable.
4.7 You understand and agree that you are responsible for and will safeguard your login credentials, including your login password, and you will supervise and be completely responsible for any use of the Services with these login credentials, including by any and all of your authorized Users. You must treat User identifiers, passwords and any other security information as confidential. You must not disclose them to any third party. If you know or suspect that the security of your Client Workspace / User Account has been compromised, you must promptly notify TextMagic at [email protected].
5. USE OF THE SERVICES
5.1 After you have created your Client Workspace / User Account on the Website, accepted these Terms and acquired a Touchpoint Subscription, you may start using the Services. Touchpoint and the Services can only be used by logging in to your Client Workspace / User Account on the Website.
5.2 Please be informed that TextMagic has access to any communications held via Touchpoint. Thus, if you or your Customer decides to share any data, then such data shall also become known to TextMagic. It is your sole responsibility to ensure that you do not submit any business secrets, know-how, confidential or other types of sensitive or valuable information via Touchpoint or the Services. TextMagic will not disclose information received from you or otherwise in connection with the Services to third parties; however, TextMagic shall not be under any confidentiality obligation or bear any liability for the loss, damage or negligent transmission of your valuable information to any third party.
5.3 It is your sole responsibility to ensure that your use of Touchpoint, the Website and the Services complies with all applicable laws. TextMagic will not be responsible and/or liable in the event of your noncompliance. You are also responsible for ensuring that all Users who access Touchpoint, the Website and the Services through your Internet connection are aware of these Terms and that they comply with them. You are responsible for making all arrangements necessary for you to have access to Touchpoint, the Website and the Services.
5.4 TextMagic reserves the right at its sole discretion to decline or refuse your access to Touchpoint, the Website or the Services at any time and for any reason, including, but not limited to, in case of breach of these Terms. TextMagic has the right to disable any User identifier or password, whether chosen by you or allocated by TextMagic, at any time, if in the reasonable opinion of TextMagic you have failed to comply with any of the provisions of these Terms.
5.5 TextMagic may at its sole discretion close and delete a Client Workspace in the Client’s organization if the Services are not used by the Client for a continuous period of six (6) months. TextMagic will not be under any obligation to restore access to or use of the data contained in any deleted Client Workspace.
6. PRICING AND PAYMENT
6.1 To use the Services, a Client must acquire a Touchpoint Subscription for each active User in the Client’s organization. The Touchpoint Subscription includes all Touchpoint Services provided by TextMagic via the Website, as named in Clause 3.1 above. The Touchpoint Subscription is acquired on a Workspace basis, whereas the number of Users in a Client’s Workspace is determined by the number of User seats in the Client’s chosen Touchpoint Subscription plan. The Client shall pay a monthly or yearly Subscription fee for the chosen Touchpoint Subscription plan, enabling the Client to add as many Users in its Workspace as included in the Subscription plan. TextMagic shall invoice any Touchpoint Subscription fees according to the payment plan chosen by the Client.
6.2 In addition to the Subscription fees payable for the Client’s Touchpoint Subscription plan, additional fees may be payable by the Client for any metered Services (e.g. phone numbers, emails, text messages, voice calls and direct messages sent through the Services) used by the Client and Users in its organization.
6.3 We may provide you with a monthly credit for metered Services, per each active User in your organization with a valid Touchpoint Subscription. We will charge for the metered Services used in your organization on the next monthly billing cycle. In the event that you wish to use more metered Services than the credit allocated to you allows, you can load additional credit in the billing section of your Client Account for spending on metered Services during the applicable month. Provided that at the end of the applicable month the Client has any unused credit, this unused credit is rolled over to the following month. If such credit is not used by the end of the following month, the credit will be considered expired and no longer available.
6.4 The pricing terms and prices payable for the Services, including Touchpoint Subscription fees and plans, charges for metered Services, and additional fees for any paid Services provided by TextMagic (jointly the “Service Fees”) are established on the pricing page of the Website, available at https://www.touchpoint.com/pricing/. Upon acquiring a Touchpoint Subscription plan and/or using the Services, the Client accepts the obligation to pay TextMagic the Service Fees at the rates determined in the pricing terms published on the Website at the time of such acquisition or use.
6.5 TextMagic reserves the right to change its prices at any time without notice, provided that any such changes are published on the Website. You are therefore responsible for reviewing the Website regularly for information regarding changes to pricing.
6.6 TextMagic shall invoice the Client for the Service Fees on the basis of a monthly billing cycle, always on the same day of the month as your original purchase. Every calendar month, TextMagic shall issue an invoice via the Website or email to the Client for the Service Fees payable for the previous month, including the Subscription fees due under the Client’s Touchpoint Subscription plan, charges for metered Services, and additional fees payable for any paid Services provided within the previous month. Payment shall be made by choosing your payment method, submitting your billing details and enabling auto-recharge of your Service. You have the possibility to disable auto-recharge of your Service. TextMagic may allow you to pay the Service Fees under a different billing cycle chosen by you.
6.7 You agree to pay all Service Fees required in full for use of the Services requested by you, which, as described on the Website, are exclusive of value-added tax (“VAT”). You will be liable for and will reimburse TextMagic for all sales, VAT or other taxes imposed in connection with or arising from the provision of the Services.
6.8 New potential Clients are offered free Touchpoint Subscription trials to test Touchpoint and the Services. During any free trial period, no Service Fees are payable by the Client. Upon signup for a free trial, a Client will be allocated and credited a specified balance to its Client Workspace for testing purposes. More than one free trial per company or organization is usually not permitted, except if the Client asked for it and TextMagic allowed it. All decisions by TextMagic on free trial eligibility and use shall be final. If the Client wishes to use the Services after expiry of the free trial period, the Client must acquire a Touchpoint Subscription for each active User.
6.9 In the event of nonpayment of any Service Fees, regardless of whether the Services have already been supplied, TextMagic shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including, but not limited to, legal fees incurred in the pursuit of collection of Service Fees due and payable under these Terms.
7. RESPONSIBILITIES
7.1 By using Touchpoint, the Website or the Services, the Client acknowledges and agrees that it is solely responsible for:
7.1.1 obtaining and maintaining all computer hardware, software and communications equipment needed to use Touchpoint, the Website or the Services, and for paying all access charges (e.g. ISP, telecommunications) incurred during such use;
7.1.2 payment in full of the Service Fees for all Subscriptions acquired and Services used by all active Users in the Client’s company or organization;
7.1.3 abiding by these Terms and ensuring that all of the authorized Users in the Client’s organization abide by these Terms;
7.1.4 all Content that the Clients and their authorized Users generate or make available while using the Services as described below.
8. CONTENT PROVIDED TO TEXTMAGIC
8.1 TextMagic does not claim ownership of, verify or control the Content generated, provided or otherwise submitted by the Client and its authorized Users to TextMagic in the course of using Touchpoint, the Website and the Services. The Client and Users are solely responsible for all Content they generate and submit to TextMagic while using the Services; TextMagic accepts no liability whatsoever for such Content. TextMagic uses such Content only to provide the Services.
8.2 By using the Services, you agree not to generate or send any Content that is offensive or threatening; that promotes violence or any illegal activity; that is obscene, defaming, pornographic or otherwise harmful; that represents unauthorized copies or distributions of copyrighted work or other intellectual property or is contrary to law or otherwise objectionable. TextMagic will not be responsible, or liable to any third party, for the Content or accuracy of any Content provided by you via Touchpoint, the Website and the Services. TextMagic has the right to remove any Content you generate or provide via the Services if, in our opinion, such Content does not comply with the standards set out in these Terms. TextMagic has the right to disclose your identity to legal institutions.
8.3 By providing Content to TextMagic via Touchpoint, you grant TextMagic a worldwide, royalty-free, nonexclusive license to copy, distribute, transmit, display, reproduce, edit, translate, perform and reformat such Content in order to provide the Services to you. TextMagic reserves the right at its sole discretion to remove, screen or edit without notice any Content at any time and for any reason.
9. NO UNLAWFUL OR PROHIBITED USE
You must abide by these Terms and expressly agree that you will not use Touchpoint, the Website or the Services to do any of the following which is strictly prohibited:
9.1.1 engage in inappropriate behavior, including:
9.1.1.1 use Touchpoint, the Website or the Services in any way that breaches any applicable local, national or international laws or regulations;
9.1.1.2 harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of others (including privacy, publicity and proprietary rights);
9.1.2 misrepresent your identity or impersonate any person or entity, including, but not limited to, any TextMagic personnel;
9.1.3 engage in unlawful, fraudulent, misleading or deceptive business practices;
9.1.4 send harmful Content, including to minors, in any way;
9.1.5 send Content that may be deemed unsolicited or unauthorized advertising, promotion, junk mail, spam, pyramid schemes, chain letters or any other form of solicitation, or fail to comply with applicable privacy and communications laws;
9.1.6 send Content as a commercial message without the required prior opt-in and a clear opt-out mechanism;
9.1.7 send advertising messages without the recipient requesting them and/or which do not comply with the applicable laws on mobile and direct marketing;
9.1.8 cause damage or disruption, including:
9.1.8.1 introduce or attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of Touchpoint, the Website or the Services;
9.1.8.2 attempt to hack into, damage, disable, overburden or impair TextMagic’s servers or networks or disrupt, disable or otherwise impair the proper working of Touchpoint, the Website or the Services, including, but not limited to, any acts of reprogramming, decoding and tampering;
9.1.8.3 engage in any activity that shall cause or encourage damage or harm of any kind against TextMagic or any group or individual;
9.1.8.4 change, edit, translate, adapt, disassemble, decompile or reverse engineer any software programs or scripts used by TextMagic in connection with Touchpoint, the Website or the Services;
9.1.8.5 in any way diminish the quality of, interfere with the performance of, or impair the functionality of Touchpoint, the Website or the Services;
9.1.8.6 fail to comply with or disobey any requirements, procedures, policies or regulations of TextMagic related to Touchpoint, the Website or the Services;
9.1.9 gain unauthorized access, including:
9.1.9.1 attempt to gain unauthorized access to the TextMagic computer network or to any Client Workspace / User Account;
9.1.9.1 use technology or other means to access unauthorized content or nonpublic spaces including, without limitation, the use of “bots,” “spiders” or “crawlers”;
9.1.10 conduct unlawful and criminal behavior, including:
9.1.10.1 engage or encourage others to engage in conduct that would constitute a criminal offence, or that would violate applicable laws and regulations;
9.1.10.2 use Touchpoint, the Website or the Services in any way that constitutes or violates any law or regulation, and you specifically agree to comply with all applicable laws regarding the transmission of data from the jurisdiction that governs your activities;
9.1.10.3 misuse Touchpoint, the Website or the Services for illegal or unauthorized purposes.
9.2 You are responsible for configuring your information technology, computer programs and platform in order to access Touchpoint, the Website and the Services. You must use virus protection software. You must not misuse Touchpoint, the Website or the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to Touchpoint or the Services, the server on which the Website is stored or any server, computer or database connected to Touchpoint and the Website. You must not attack Touchpoint and the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. TextMagic will immediately report any such breach to the relevant law enforcement authorities and disclose your identity to them, if known to TextMagic. In the event of any such breach of this clause (9.2), your right to use Touchpoint, the Website and the Services will cease immediately.
9.3 Failure to comply with any provision of this clause (9) or any other provision of these Terms constitutes a material breach of these Terms upon which you are permitted to use Touchpoint, the Website and the Services. When a material breach has occurred, TextMagic may at its sole discretion take any or all of the following actions:
9.3.1 delete or deactivate your Client Workspace / User Account and cancel your Touchpoint Subscription;
9.3.2 immediately, temporarily or permanently withdraw your right to use Touchpoint, the Website and the Services;
9.3.3 immediately, temporarily or permanently remove any Content uploaded/transmitted by you via Touchpoint, the Website or the Services;
9.3.4 issue a warning to you;
9.3.5 initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
9.3.6 take further legal action against you;
9.3.7 disclose such information to the law enforcement authorities as TextMagic reasonably feels is necessary.
9.4 TextMagic excludes liability for actions taken in response to your breach of these Terms. The remedies described in these Terms are not limited, and TextMagic may take any other action that it reasonably deems appropriate.
10. INTELLECTUAL PROPERTY
10.1 Touchpoint, the TextMagic and Touchpoint logos, and all other trademarks, service marks, graphics and logos of TextMagic used in connection with Touchpoint, the Website and the Services are the property of TextMagic. Other trademarks, service marks, graphics and logos of any third party are the trademarks of their respective owners. No marks may be copied, imitated or used, in whole or in part, without the prior written consent of TextMagic or the consent of the applicable trademark holder.
10.2 All copyrights, trademarks, patents, trade secrets and other intellectual property rights contained in Touchpoint, the Website and the Services (including software, source codes, etc.) are the sole property of TextMagic or its licensors, each of whom reserves all rights with regard to such intellectual property. TextMagic hereby grants you a worldwide, nonexclusive and nontransferable license to use Touchpoint, the Website and the Services on the terms and conditions stipulated in these Terms.
10.3 You may print off one copy, and may download extracts, of any pages(s) from the Website for your personal and internal use and you may draw the attention of others within your organization to Content created or shared via the Website. You must not modify the paper or digital copies of any material you have printed off or downloaded from Touchpoint or the Website in any way, and you must not use any illustration, photographs, video or audio sequences, any graphics or any other copyrightable works received via Touchpoint, the Website or the Services separately from any accompanying text. The status of TextMagic and any identified contributors as the authors of copyrightable works in Touchpoint and the Website must always be acknowledged.
10.4 You must not use any part of the proprietary material in Touchpoint, the Website or the Services for commercial purposes without obtaining a license to do so from TextMagic or its licensors.
10.5 If you print off, copy or download any part of Touchpoint, the Website or the Services in breach of these Terms, your right to use Touchpoint, the Website and the Services will cease immediately and you must, at TextMagic’s decision, return or destroy any copies of the material you have made.
11. DATA PROTECTION AND PRIVACY
11.1 Any Personal Data of the Client and Users in the Client’s organization, including any of the Client’s authorized representatives and personnel, which you provide to TextMagic through the use of Touchpoint, the Website or the Services, will be processed and used in accordance with the Privacy Policy.
11.2 You acknowledge that the nature of the Services requires that TextMagic access and process the Personal Data of your Customers and other natural persons that you engage via the Services, who do not have any legal relationship with TextMagic. TextMagic can only provide the Services to you and legally process the Personal Data of your Customers if you as the data controller authorize TextMagic as the data processor in accordance with the terms of the Data Processing Agreement. By accepting these Terms and/or using the Services to process the Personal Data of any Customer, you agree to be bound by and adhere to the terms of the DPA and appoint TextMagic as a processor of your Customers’ Personal Data. TextMagic shall process the Personal Data of your Customers only in connection with providing the Services and in accordance with the DPA.
11.3 You also acknowledge that, under applicable law, some Personal Data can be processed without your consent and that TextMagic reserves the right to undertake such processing when appropriate.
11.4 In addition to cases described in the Privacy Policy, TextMagic may process your Personal Data while visiting the Website, when data is automatically received and recorded from your browser on the server logs of TextMagic, including login information, browser type and version, operating system and platform, IP address, browser and session information, cookies and the requested pages. TextMagic does that to improve the Website and the Services and also to understand trends. Notwithstanding the above, visitors of the Website may browse it anonymously and no Personal Data will be collected about them, unless separately provided to TextMagic.
12. THIRD-PARTY WEBSITES
12.1 Touchpoint, the Website or the Services may contain links to websites that TextMagic does not control and that are operated by third parties. If you access third-party websites, you do so at your own risk. TextMagic is not responsible, directly or indirectly, for the content of third-party websites or any damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website.
13. DISCLAIMER AND LIABILITY
13.1 Touchpoint, the Website and the Services shall be provided on an “as is” and “as available” basis. To the maximum extent permitted by law, TextMagic excludes all warranties, conditions, representations or other terms of any kind that may apply to Touchpoint, the Website or the Services, including that Touchpoint, the Website and the Services are suitable for your intended use, error-free, fault-free, reliable, timely, entirely secure, virus-free and available. Any representation, condition or warranty, which might be implied or incorporated into these Terms by statute, common law or otherwise, is excluded to the fullest extent permitted by law. TextMagic is dependent on the reliability of the Internet and your use of your own device to access Touchpoint, the Website and the Services, and therefore TextMagic makes no guarantees as to the outcomes or results in using Touchpoint, the Website or the Services. Although TextMagic does everything that it can to keep disruptions to a minimum, Touchpoint, the Website or the Services may be from time to time temporarily suspended to carry out maintenance and support work and for other purposes as appropriate.
13.2 The Services shall be provided at a professional level of quality conforming to generally accepted industry standards and in compliance, in all material respects, with all applicable laws, regulations and rules. TextMagic will make its best efforts to maintain Touchpoint, the Website and the Services, and provide necessary support to the Clients and authorized Users in their organizations.
13.3 The Services facilitate sending and receiving of SMS text messages, phone calls, emails and direct messages to your designated recipients. TextMagic does not send or cause to be sent any aforementioned communications; this is the responsibility of the applicable mobile network operator or telecommunications service provider. Whilst TextMagic will use all commercially reasonable efforts to transmit communications to the applicable mobile network operator or telecommunications provider as quickly as possible, final delivery of all communications to designated recipients is the responsibility of such operator or provider. TextMagic does not accept liability if final delivery does not succeed due to an action, omission or any other failure of the relevant mobile network operator or telecommunications provider. Therefore, TextMagic will not be liable to any Client or User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
13.3.1 use of or inability to use Touchpoint, the Website or the Services;
13.3.2 use of or reliance on any Content displayed in Touchpoint or on the Website;
13.3.3 the failure of a mobile network operator or telecommunications provider to deliver a communication sent using the Services.
13.4 TextMagic will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Touchpoint, the Website or the Services, or due to you downloading any Content from Touchpoint or from any website linked to it.
13.5 Further, TextMagic will not be liable for the acts, omissions or cessation of services by any third parties. For example, third-party providers may provide virtual mobile numbers for the provision of SMS messaging and phone calls. TextMagic will not be liable or responsible for third-party activities over which TextMagic has no control.
13.6 TextMagic will not be liable for any cost, expense, loss of income, revenue or business arising from any circumstance that is beyond our control, including, but not limited to, delays, losses, errors or omissions resulting from system or power failure, unavailability or failure of any telecommunications or other data transmission system or internet facilities, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, strike, governmental restrictions, or change in any law or regulation.
13.7 Any Content provided by any Client or User via Touchpoint, the Website and/or the Services does not constitute any endorsement or recommendation by TextMagic of such Content or information. TextMagic therefore disclaims any and all liability and responsibility arising from any reliance placed on such Content by anyone who may be informed by it. You acknowledge that TextMagic has no control over Content that is contained in and that passes through Touchpoint, the Website or the Services, or how the Services are used by Clients and Users. TextMagic does not screen or moderate Content or its source. TextMagic is not responsible or liable for the effect of Content on Users, nor are we liable for any inaccurate, incomplete or inappropriate Content; the Clients and Users are solely responsible for providing or submitting such Content.
13.8 Although TextMagic implements electronic and physical security to reduce the risk of improper access or manipulation of data, TextMagic cannot guarantee the security or integrity of data and will have no liability for breaches of security, integrity or interception in transit, or for any damage to your computer or other property that is the result of your use of Touchpoint, the Website or the Services.
13.9 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEXTMAGIC OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, BUSINESS INTERRUPTION OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, SALES, BUSINESS, GOODWILL, REPUTATION, REVENUE, PROFITS OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF TOUCHPOINT, THE WEBSITE OR THE SERVICES, WITH THE DELAY OR INABILITY TO USE TOUCHPOINT, THE WEBSITE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE TOUCHPOINT, THE WEBSITE OR THE SERVICES, OR FOR ANY INFORMATION OR OTHER CONTENT OBTAINED THROUGH OR OTHERWISE ARISING OUT OF THE USE OF TOUCHPOINT, THE WEBSITE OR THE SERVICES. IF YOU ARE DISSATISFIED WITH TOUCHPOINT, THE WEBSITE OR THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING TOUCHPOINT, THE WEBSITE AND THE SERVICES.
13.10 Subject to Clause 13.9 above, the total liability of TextMagic to you in respect of all losses arising under these Terms in connection with Touchpoint Website or the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstance exceed the price of the Services ordered by you under these Terms.
13.11 Nothing in these Terms excludes or limits the liability of TextMagic for death or personal injury, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
14. INDEMNIFICATION
14.1 You agree to defend and indemnify TextMagic from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to, Touchpoint, the Website and/or the Services, or otherwise from your violation of these Terms, or infringement by you, or any third party using your Client Workspace / User Account, of any intellectual property or other right of any person or entity.
15. MODIFICATION AND TERMINATION
15.1 TextMagic may modify these Terms or terminate your use of Touchpoint, the Website or the Services at any time at its sole discretion. TextMagic reserves the right to modify, suspend or discontinue any part, aspect, feature or functionality of Touchpoint, the Website or the Services at any time for any reason without prior notice. Your continued use of Touchpoint, the Website and the Services shall be deemed to be your acceptance of any modified or updated Terms, including any changes in the pricing terms of Services.
15.2 TextMagic reserves the right to terminate your use of Touchpoint, your Client Workspace / User Account, the Website and the Services at any time for any reason, including, but not limited to, a violation of these Terms, which shall be determined at the sole discretion of TextMagic. TextMagic shall have no obligation to you after any termination.
15.3 Upon termination for any reason, the rights and licenses granted to you herein shall terminate and you must immediately cease using Touchpoint, the Website, your Client Workspace / User Account and the Services. The Client’s obligation to pay all Service Fees due and payable before suspension or termination of the Services shall continue after suspension or termination of the Services.
16. GOVERNING LAW, JURISDICTION & SEVERABILITY
16.1 These Terms shall be governed by the laws of the United Kingdom and any dispute or claim arising out of or in connection with its subject matter or formation (including noncontractual disputes or claims) shall be governed by and construed in accordance with the law of the United Kingdom.
16.2 The Courts of the United Kingdom shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms. If any provision of these Terms is deemed or becomes invalid for any reason, the validity of the other provisions shall not be affected.
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