Touchpoint Terms of Service

Welcome to Touchpoint! These Terms govern your use of the Service that Touchpoint provides via the Website or Software. These Terms also apply to other visitors and users of the Website and Software who are not registered Clients of Touchpoint and do not use the Service. These Terms are addressed to “you”. According to the context, “you” shall mean the Clients, authorised representatives of the Clients who are using the Website, Software and Service on behalf of the Clients, other visitors and users of the Website and Software who are not registered Clients of Touchpoint, and all other subjects to whom these Terms may apply.Please read these Terms carefully prior to using the Website, Service and Software.

• Definitions

  • Client(s) means legal entities (an entity other than a natural person) who register themselves on the Website and use it and the Software according to these Terms for the purpose of using the Service.
  • Content means any material (e.g., text, graphics, data, HTML, etc.) uploaded, created, submitted, or otherwise provided by you via the Website or Service.
  • Service means the suite of online tools provided by Touchpoint for creating and exporting HTML email templates for marketing purposes, which includes AI functionalities powered by third-party providers..
  • Software means the web-based interface and other integrable software developed and maintained by Touchpoint for the provision of the Service.
  • Touchpoint means Textmagic AS, a private limited company registered in Estonia (registry code 16211377, with its registered office at A. H. Tammsaare tee 56, 11316 Tallinn, Estonia), and all its affiliates.
  • Terms means this Terms of Service agreement, including all policies and documents referenced herein (e.g., Privacy Policy).
  • Privacy Policy means the Privacy Policy of Touchpoint that stipulates the basics of processing of personal data that the Clients submit to Touchpoint in connection with using the Website, Software and Services.
  • Website means the Touchpoint site available athttps://www.touchpoint.com/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

• Acknowledgement and Consent

  • By registering, accessing, or using the Website, Software or Service, you confirm that you are authorized to bind the Client to these Terms. You also agree to the terms of personal data processing outlined in our Privacy Policy.
  • You confirm and guarantee that at all times while using the Website, Software and Service you have all necessary consents and authorisations for processing of all personal data that you submit to Touchpoint.
  • When using the Service for direct marketing, you are solely responsible for ensuring compliance with all applicable laws, including data protection and communications laws, in every jurisdiction where your email recipients are located. Touchpoint is a technical service provider and is not responsible for your compliance. This includes ensuring that:
    • you have obtained valid consent from all recipients where required by law;
    • your messages include appropriate information (e.g., sender identity, unsubscribe mechanisms);
    • you comply with requirements specific to the country or region of the recipient (e.g., GDPR, CAN-SPAM, ePrivacy Directive, etc.).
  • Touchpoint disclaims all responsibility for any consequences arising from the use of Content created through the Service for unlawful or non-compliant direct marketing.

• Use of the Service

  • Touchpoint is a web-based Service provided by Touchpoint that enables Clients to design and generate marketing email templates. The output is primarily in HTML format, delivered through the user interface or available for download.
  • The Service is intended for use by legal entities. You must create an account and provide accurate and current information. You are responsible for securing your login credentials and all activity under your account.
  • Touchpoint may suspend or terminate accounts for violation of these Terms or non-use of the Service for 24 consecutive months.
  • You may close your account at any time via the account settings page on the Website. Account closure is effective upon processing. Deleted Content cannot be restored.
  • Touchpoint may update the Website, Software and Service at any time and reserves the right to change content or functionality without notice.

• AI Functionality

  • Integration of AI Services. The Service includes features powered by artificial intelligence (AI) technology, which may involve the use of third-party providers such as the Claude API by Anthropic. These AI functionalities are designed to support the creation, editing, and optimization of email templates.
  • Acknowledgement and Consent. By accessing or using the Service, you acknowledge that third-party AI services are being used to provide the Service to you.
  • Use of AI Outputs. You acknowledge that by using the Service, you are making use of AI-generated functionalities and outputs. These outputs are automatically generated based on your inputs and are not reviewed, edited, or verified by Touchpoint prior to delivery. As such, the content may contain inaccuracies, inappropriate language, biased content, or outdated information. You are solely responsible for reviewing, validating, and determining the suitability, legality, and appropriateness of any AI-generated output before using, publishing, or distributing it.Touchpoint disclaims all liability for any reliance placed on such content.
  • Acceptable Use and Inputs. You agree not to input, upload, or submit any information to the Service that:
    • contains sensitive personal data or confidential information (unless you have all necessary rights and consents);
    • violates any applicable laws or third-party rights;
    • contains prompts or queries designed to test, evade, exploit, or misuse the AI system.

      You remain solely responsible for the legality, accuracy, and consequences of any input you provide and the resulting AI-generated content.

    • Third-Party Terms.The AI features may rely on third-party services and infrastructure. By using these features, you are bound by and agree to comply with the applicable third-party terms and policies, including those of Anthropic (e.g., their Commercial Terms of Service and Responsible Disclosure Policy). Touchpoint is not responsible for any violations of such terms.
    • Intellectual Property and Ownership.Subject to third-party terms and applicable law, you retain ownership of your inputs and the resulting AI-generated content. However, by using the AI functionalities, you grant Touchpoint and its providers a limited license to process your inputs and outputs for the purpose of delivering the Service.

      You understand and accept that AI-generated content may not be eligible for copyright protection or may infringe third-party rights. You are solely responsible for conducting any necessary legal review before using such content commercially or distributing it to third parties.

    • Limitations and Disclaimers.I-generated content is provided “as is” without warranty of any kind. Touchpoint does not warrant that the outputs will be correct, complete, lawful, or suitable for any specific purpose. To the fullest extent permitted by law, Touchpoint disclaims all responsibility for damages arising from your use of or reliance on AI-generated content. AI-generated content may not always be accurate or suitable for all purposes. You should not rely solely on AI-generated content without appropriate human review, especially for any legally regulated, sensitive, or critical use cases.
    • Indemnification.you agree to indemnify, defend, and hold harmless Touchpoint and its affiliates, officers, directors, employees, and service providers from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
      • your use or misuse of the AI features;
      • your failure to review, filter, or verify AI-generated outputs;
      • your violation of applicable laws or third-party rights in connection with AI-generated content;
      • any inputs submitted by you that result in harmful, infringing, or otherwise unlawful content.

• Pricing and Payment

  • The prices for using the Service are listed on the pricing page of the Website. You agree to pay all fees required in full for use of the Service requested by you, which as described on the Website, are exclusive of value added tax (“VAT“). You will be liable for and will reimburse Touchpoint for all sales, VAT or other taxes imposed in connection with or arising from the provision of the Services.
  • Touchpoint reserves the right to change its prices at any time without notice, provided that any such changes shall be posted on the Website. The fee payable by you for the Services shall be the fee applicable at the date when you submit an order for the Service.
  • Free trial access to the Service may be granted to new Clients in certain regions and will expire unless paid use begins. Touchpoint may suspend access to the Service in the event of non-payment and may take steps to recover any associated collection or enforcement costs.

• Content

  • You retain ownership of your Content but grant Touchpoint a limited, royalty-free license to process it as necessary to provide the Service.
  • You must not upload or generate Content that is unlawful, infringing, offensive, or misleading. You are solely responsible for ensuring that your Content complies with all applicable laws, including laws governing direct marketing, consent, and data privacy.
  • Touchpoint may remove or disable Content that violates these Terms or applicable law..

• No Unlawful or Prohibited Use

  • You agree to use the Website, Software and Service only in accordance with these Terms and applicable laws. You may not use the Service or any part of the Website or Software for any unlawful, prohibited, abusive or unauthorized purpose. Prohibited uses include, but are not limited to:
    • Unlawful or Harmful Conduct, including:
      • Violating any applicable local, national, or international law or regulation;
      • Harassing, threatening, stalking, defaming, or abusing any person or entity;
      • Promoting, facilitating or engaging in any criminal activity;
      • Using the Service to create, distribute or promote obscene, defamatory, offensive, hateful, violent, or discriminatory content.
    • Security Violations and Unauthorized Access, including:
      • Attempting to gain unauthorized access to the Service, Website, Software, other user accounts, or any systems or networks connected to Touchpoint;
      • Circumventing, disabling, or interfering with any security-related features or technical restrictions;
      • Distributing malware, viruses, ransomware, trojans, spyware, or any other malicious software or code;
      • Probing, scanning, or testing the vulnerability of any system or network without authorization.
    • Misuse of AI Services, including:
      • Submitting prompts or content to the AI features that include personal data, sensitive data, or any data you do not have a lawful right to process;
      • Generating false, misleading, impersonating, or harmful outputs using AI tools;
      • Using AI functionality in ways that violate third-party rights or breach the terms of AI providers such as Anthropic.
    • Marketing and Privacy Violations, including:
      • Sending unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation;
      • Failing to include appropriate sender identification and a functional opt-out mechanism where legally required;
      • Using or disclosing recipient data in violation of data protection laws or without valid consent.
    • Intellectual Property and System Misuse, including:
      • Infringing on intellectual property rights, including copyright, trademark, or trade secrets;
      • Reverse engineering, decompiling, copying, modifying, translating, or creating derivative works based on the Software;
      • Interfering with or disrupting the operation of the Website, Software, or systems of Touchpoint or its providers;
      • Using any robot, scraper, crawler, or other automated system to extract data from the Website or Service without prior written consent.
  • Failure to comply with these Terms constitutes a material breach of terms upon which you are permitted to use the Website, Software and Services, and may result Touchpoint taking all or any of the following actions:
    • immediate, temporary or permanent withdrawal of your right to use the Website, Software or Service;
    • immediate, temporary or permanent removal of any Content;
    • issuance of a warning to you;
    • legal proceedings against you for reimbursement of all costs resulting from the breach;
    • further legal action against you;
    • disclosure of such information to law enforcement authorities as Touchpoint reasonably feels is necessary or as required by law.
  • Touchpoint excludes liability for actions taken in response to breaches of this section. The responses described are not limited, and Touchpoint may take any other action it reasonably deems appropriate.

• Intellectual Property

  • Touchpoint, the Topuchpoint logo and all other trademarks, all software, content and materials contained in the Website, Software and the Service are the sole property of Touchpoint or its licensors. You may not copy, modify, distribute or reproduce any part of the Website, Software or Service unless expressly authorized in writing.
  • You are granted a limited, non-exclusive, non-transferable license to use the Website and Software solely for lawful use of the Service under these Terms.

• Data Protection and Privacy

  • Any personal data provided when using the Service is processed in accordance with the Privacy Policy.
  • Touchpoint may collect and log browser and session data (including cookies, IP, device type, etc.) for security, functionality, analytics, and fraud prevention.

• Use of Cookies

  • Touchpoint uses on the Website the standard technology called “cookies.”
  • Cookies are small text files that are downloaded to a computer or mobile device of visitors of websites. Cookies are used in order to make websites work, or work in a better, more efficient way. They can do this because websites can read and write these files, enabling them to recognize the visitors and remember important information that will make use and navigation of a website more convenient. Some cookies, known as “session cookies,” expire at the end of a browser session. Other cookies, known as “persistent cookies,” are stored on a computer or mobile device between browser sessions.
  • Touchpoint cookies do not gather any personal data and any information gathered using cookies is compiled on an aggregate and anonymous basis. Touchpoint uses cookies to offer a better service to you.
  • Touchpoint uses on the Website authentication, session and analytics cookies and may use third-party cookies provided by tools such as Segment.com or other analytics providers.
  • The Website contains an alert about cookies usage. By giving consent for the application of cookies on the Website, you agree with the use of cookies as described in these Terms and the Privacy Policy.

• Third-Party Websites

  • The Website, Software and Service may contain links to websites, which Touchpoint does not control and which are operated by third parties. If you access third party websites, you do so at your own risk. Touchpoint 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.

• Disclaimer & Limitation of Liability

  • The Website, Software and Service are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Touchpoint disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
  • Touchpoint does not guarantee that:
    • the Website, Software or Service will meet your specific requirements;
    • the Service will be uninterrupted, secure, timely, or error-free;
    • any content, including AI-generated outputs, will be accurate, reliable, complete or suitable for your use;
    • any issues will be corrected or resolved within a particular timeframe.
  • The Service depends on external infrastructure, including third-party providers such as cloud hosts and Anthropic’s Claude API. Touchpoint is not liable for service interruptions, delays, or limitations resulting from these external dependencies.
  • You acknowledge and accept that AI-generated content may contain inaccuracies, errors, outdated information or non-compliant statements. You are solely responsible for reviewing and validating all AI outputs and for determining their suitability and legality. You agree not to rely solely on AI-generated outputs without appropriate human oversight.
  • You are solely responsible for your compliance with all laws and regulations related to your use of the Service, including those relating to data protection, electronic communications, consumer protection, and marketing practices.
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOUCHPOINT 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 THE WEBSITE, SOFTWARE OR SERVICE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, SOFTWARE OR SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE, SOFTWARE OR SERVICE, OR FOR ANY INFORMATION OR OTHER CONTENT OBTAINED THROUGH OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, SOFTWARE OR SERVICE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, SOFTWARE OR SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, SOFTWARE AND SERVICE. Touchpoint’s total liability under or in connection with these Terms and your use of the Service shall be limited to the amount paid by you for the Service in the six (6) months prior to the occurrence of the event giving rise to the liability.
  • Nothing in these Terms shall limit or exclude liability for:
    • death or personal injury resulting from negligence;
    • fraud or fraudulent misrepresentation;
    • or any other liability which cannot be excluded or limited under applicable law.

• Indemnification

  • You agree to defend, indemnify and hold harmless Touchpoint, its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, demands, causes of action, damages, liabilities, losses, costs and expenses, including but not limited to reasonable legal and accounting fees, that arise from or relate to:
    • your access to, use of, or misuse of the Website, Software or Service
    • any breach by you or your authorized users of these Terms or any policies referenced herein;
    • your violation of any applicable law or regulation, including but not limited to data protection, marketing, intellectual property, and consumer protection laws;
    • the creation, generation, export, distribution or use of any Content, including AI-generated output, that results in harm, loss, or liability to any third party;
    • any claim that Content submitted, created, uploaded, processed or otherwise made available by you infringes the intellectual property or other rights of any person or entity.
  • This indemnity obligation shall survive termination of the Terms and your use of the Service.

• Modification and Termination

  • Touchpoint may modify these Terms at any time at its sole discretion. Your continued use of the Service after such modifications constitutes acceptance of the updated or modified Terms, including any changes in the prices of the Service.
  • Touchpoint may terminate or suspend your access to the Website, Software or Service at any time for any reason, including but not limited to any breach of these Terms or applicable law, which shall be determined at the sole discretion of Touchpoint. Upon termination, your rights under these Terms shall immediately cease and you must discontinue use of the Service.

• Governing Law, Jurisdiction and Severability

  • 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 non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the United Kingdom.
  • 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 provisions of these Terms of Service are deemed or become invalid, the validity of the other provisions shall not be affected.

UPDATED: 20 May 2025