Touchie.ai

Terms of Use

Welcome to Touchie,

The following Terms of Use (“Terms”) apply when you use the Touchie app (the “App”) or the service provided via the App (the “Service”), sometimes collectively referred to as the “App.”

Please review these Terms carefully. By accessing or using the App, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the App.

About The App

The App allows users to create stories from templates using their photo and video content (“User Content”). These stories can be exported for sharing on other platforms.

Additionally, please note that the App is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.

Paid Services

You may be able to make in-App purchases, in which case the fee is collected via Apple (for iOS) and Google (for Android) (our “Billing Service Providers”). We may also offer subscriptions, which can be paid for via Apple and Google. Information about paid Services is available here and here.

You will be required to provide the Company and/or its Billing Service Providers with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in accordance with the terms of your subscription plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the billing date. You can terminate your use of the Service and manage your account using the App. We reserve the right to change the Company’s fees. If fees change, the Company will provide notice within the App. Your continued use of the App after the fee change becomes effective constitutes your agreement to pay the changed amount. Certain subscriptions may include a free trial prior to charging your payment method. If you unsubscribe before the Company starts charging your payment method, you must cancel before the free trial ends. Otherwise, you will be responsible for payment for the full subscription term. If you properly terminate your paid subscription, you will not be charged for future periods (as stated in the subscription terms). However, no refunds will be issued for unused portions of paid periods. Refunds are not offered for any products or services via the App. YOU ACKNOWLEDGE THAT SUBSCRIPTIONS ARE SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO ALL RECURRING CHARGES WITHOUT FURTHER AUTHORIZATION, EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT RECURRING CHARGES MAY CHANGE IF TAX RATES OR FEES (INCLUDING CREDIT CARD HANDLING FEES) INCREASE.

Content And Restrictions

You may provide text, images, videos, and/or other material, including third-party content shared via the App. Your User Content belongs to you. By publicly sharing User Content, you expressly grant Touchie a royalty-free, sub-licensable, transferable, non-exclusive, worldwide license to use, reproduce, modify, publish, list, edit, translate, distribute, syndicate, publicly display, and create derivative works of User Content processed via the App, without further consent, notice, or compensation. Other users may access and share your User Content if shared via social media (e.g., Instagram). To remove User Content, delete it from the App or uninstall the App. You are solely responsible for User Content made available via the App. We act solely as a passive conduit for your online distribution of User Content. By submitting User Content, you agree: You are solely responsible for App-related activity; You accept all liability, loss, or damage resulting from your User Content’s use or access. The Company is not responsible for public display or misuse of User Content. The Company does not pre-screen or monitor all User Content.

Age Restriction

You must be at least 18 years old to use the App.

Use Restrictions

Your permission to use the App is conditioned upon these restrictions:

You agree not to:

  • Decipher, reverse engineer, decompile, or disassemble any portion of the App/software.
  • Use, display, mirror, or frame the App, Company trademarks, logos, or proprietary information without express written consent.
  • Probe, scan, or test vulnerabilities in Company systems/networks or breach security measures.
  • Bypass, remove, deactivate, impair, or circumvent technological measures (e.g., watermarks) protecting the App.
  • Remove copyright/proprietary notices from App materials.
  • Use meta tags/hidden text with Company trademarks/URLs without consent.
  • Use the App in any manner violating these Terms.
  • Impersonate or misrepresent affiliation with any entity.
  • Use the App for unlawful purposes or illegal activities.
  • Harass, abuse, or harm others via the App.
  • Use another user’s account without permission.
  • Interfere with the App’s functionality.
  • Make automated use of the App or impose unreasonable server/network loads.
  • Post offensive, obscene, or illegal content (including IP violations).
  • Incite discrimination, hostility, or violence.
  • Publish/link to malicious content damaging users’ devices.
  • Encourage others to violate these restrictions.

Monitoring And Compliance

The Company reserves the right (but not obligation) to monitor App access/use for Service operation, compliance, and legal adherence. We may remove/disable access to the App without notice if User Content is objectionable or violates these Terms. We may investigate violations and cooperate with law enforcement.

Intellectual Property

Unless otherwise indicated, the App is our proprietary property. All source code, databases, functionality, software, designs, audio, video, text, photographs, graphics (“Content”), and trademarks/service marks/logos (“Marks”) are owned/controlled by us or licensed to us, protected by global IP laws. No part of the App, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, distributed, sold, licensed, or exploited commercially without prior written permission. All rights not expressly granted are reserved.

Contributions To Company

By submitting ideas, suggestions, documents, or proposals (“Contributions”) via our website, email (support@touchieai.com), or social media, you acknowledge: (a) Contributions are not confidential/proprietary; (b) No confidentiality obligation applies; (c) Company may use/disclose Contributions for any purpose globally; (d) Similar Contributions may be under consideration/development; (e) Contributions become Company property without obligation; (f) No compensation/reimbursement is owed.

Indemnification

You agree to indemnify, defend, and hold harmless the Company from all third-party claims, liabilities, expenses, damages (including attorneys’ fees) related to: (a) Your use of the App/Service; (b) Violation of laws/third-party rights; (c) User Content (including IP infringement claims).

Online Content Disclaimer

Opinions, advice, statements, offers, or information via the App (not directly from Company) belong to their authors. Reliance on such content is at your discretion. Authors are solely responsible for their content. The Company guarantees no accuracy, completeness, or usefulness of third-party information and endorses no opinions/advice from non-Company parties. The Company assumes no liability for User Content posted by you/others. Under no circumstances will the Company be liable for loss/damage from reliance on App-posted content.

Warranty Disclaimer

THE APP AND SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY. THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS/IMPLIED/STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT APP/SERVICE ACCESS/OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RISK FROM UPLOADING/DOWNLOADING/USING FILES/CONTENT VIA THE APP/SERVICE. SOME JURISDICTIONS LIMIT WARRANTY DISCLAIMERS; THIS PROVISION MAY NOT APPLY.

Limitation Of Damages – Release

TO THE EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, LICENSORS, OR PARTNERS SHALL NOT BE LIABLE FOR LOST PROFITS, USE, DATA, OR INCIDENTAL/INDIRECT/SPECIAL/CONSEQUENTIAL/EXEMPLARY DAMAGES ARISING FROM: (a) USE/DISCLOSURE/DISPLAY OF USER CONTENT; (b) INABILITY TO USE THE APP/SERVICE; (c) THE APP/SERVICE OR SUPPORTING SOFTWARE/SYSTEMS; (d) INTERACTIONS WITH THE COMPANY/OTHER USERS; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR OTHER LEGAL THEORY, EVEN IF ADVISED OF POSSIBLE DAMAGES. COMPANY’S MAXIMUM LIABILITY IS $10. SOME JURISDICTIONS LIMIT LIABILITY DISCLAIMERS; THIS PROVISION MAY NOT APPLY.

Modification Of Terms Of Use

The Company may amend these Terms at any time. Your continued use after changes constitutes acceptance. Changes/waivers (except as stated) require a written agreement with a Company officer’s physical signature. Telephonic/email waivers/modifications are invalid.

Privacy Policy

The Company respects user privacy. Our Privacy Policy (found here) explains how we collect, use, and disclose your information. Accessing/using the App signifies agreement with the Privacy Policy.

Contact Us

For questions regarding these Terms, contact support@touchieai.com.