The Platform is provided by Touchtech AB, with the Swedish company reg. no. 556749-5006 (“Touchtech”, “we” or “our”). In order to be able to interact with colleagues, partners and customers you need to create a profile and become a user of Touchtech (“User”, “you” or “your”).
By accepting these User Terms, you agree to comply with them for the use of the Platform. Accepting the User Terms also means that you confirm that you have understood the User Terms and that the information you provide in the Platform is correct, honest and up to date. In order to accept these User Terms and use the Platform, you must acknowledge that you have the necessary legal competence and that you are 16 years old or over.
2. The Platform and how it works
As a User, the Platform enables you to communicate and collaborate with other Users, in ways specified in the Platform for commercial purposes. To create a profile on the Platform and become a User, you can follow the instructions on the Platform and submit your name and email address. Your email is your unique identifier for the user profile on the Platform. For Users, creating a profile and to use the Platform is free of charge.
You could also create a profile by accepting an invitation, for example by email from a brand or company that use the Platform, where the inviter may have provided the required information to create a new profile for you.
The Platform is only provided for professional use – Touchtech does not provide the Platform to consumers. All Users, including you, use the Platform in their capacity of employees or consultants of a company, regardless of whether they choose to submit your personal email address or their company email address. You may not use the Platform as a commercial tool in direct relation to consumers.
As a representative of a company, you may register an organization on the Platform (the “Brand Workspace”) once you are logged in with your profile. You must choose a subscription before you can access and administrate your Brand Workspace. The subscription and use of the Brand Workspace are subject to separate terms (General Terms and Conditions) and prices. On the Brand Workspace you can upload, manage, and share your content with colleagues, partners, and customers to collaborate, communicate and do business. You may start multiple Brand Workspaces.
As a User, you may be invited to a Brand Workspace with certain permissions (“Role”). Depending on your Role you may be granted access to certain tools to access brand resources and data (“Customer Content”) upon your accept of the invitation. Such Customer Content is provided by the companies holding the Brand Workspace (the “Customer”) and is the responsibility of the relevant Customer. You can have different Roles with each Brand Workspace.
The Customer owning theBrand Workspace is responsible for your Role and the permissions connected to it. The Customer may at any point in time choose to change or remove your Role, upon which your access to Customer Content and functionality within that Brand Workspace may change or be removed. If you want to exit a Brand Workspace, you need to ask a representative of the Customer with an administrative Role to remove the Role connected to your user profile.
The Platform may automatically assign a Role between a User and a Brand Workspace if you would access Customer Content from a given Brand Workspace. For example, you may be an existing customer or prospect customer that receives a web link to a product catalog which you access.
We are constantly aiming to improve the Platform. We have the right to modify the features of the Platform at any time. You always have the right to, at any point in time, stop using the Platform, independent of whether we have made changes to the Platform or not.
3. User Requirements
Subject to these User Terms, we grant you a right to use the Platform provided online. Your right to use the Platform is non-exclusive, time-limited and non-transferable.
You agree to comply with Touchtech’s instructions regarding the Platform as provided from time to time.
You are responsible for not using the Platform in any way that is illegal or causes damage or inconvenience to others, including to not post comments and submitting content that can be harmful or discriminating to others or infringe on any intellectual property rights. You may not copy the Platform or its content in any way, nor access, search, or create accounts for the Platform by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk). We have the right to remove any content or similar that is inappropriate or illegal. If we suspect that the Platform is misused or if the usage otherwise violates the User Terms, we also have the right to suspend you from the Platform.
You shall indemnify Touchtech for all types of complaints, damages, loss or claims as a result of your registration and use of the Platform, especially if they are related to a third party’s intellectual property rights or otherwise harmful or discriminating content. The indemnity shall also cover the costs incurred in defending Touchtech against such claims.
If it is revealed that any use of the Platform by the User is in breach of these User Terms, the User shall reimburse Touchtech for all reasonable costs and expenses related to such use.
You ensure that no one but you can use your login credentials. You shall not reveal the password to any unauthorized person and shall ensure that any documents showing your username and password are stored in a way that prevents unauthorized access to the information. You must immediately change the password or notify Touchtech if you suspect that your login credentials have been compromised.
If Touchtech suspects that the user account or login information is misused or if the usage otherwise violates the User Terms, we have the right to suspend the User. Touchtech has the right to, irrespective of the reason, assign the User with new login details.
You are responsible to prevent access to or distribution of the Platform in relation to parties unauthorized to use the Platform, or otherwise to not jeopardize the security of your account, including by using appropriate anti-virus software and firewall. You may not upload to, or transmit from, the Platform any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Platform or on the hardware of Touchtech or any third party.
4. Term, Termination and Changes
These User Terms enter into force on the adoption date set out below. Your agreement with us is entered into when you start using the Platform and will remain in force for as long as you use the Platform or until further notice.
If you have created a profile you can contact Touchtech at any time and request to remove your profile in the Platform. If you wish to remove your account, it will be removed within thirty (30) days from when we become aware of your request.
Touchtech reserves the right to remove your profile immediately and terminate our agreement with you if you violate these User Terms.
The removal of the of your user profile means that you are no longer able to log in to your profile. We keep but anonymize the data and content that you have provided to and created on the Platform (“User Generated Data”).
We reserve the right to make changes and amendments to these User Terms. The latest updated version of the User Terms is posted on the Touchtech website. Changes will become valid once you have accepted the User Terms (when you use the Platform), or thirty (30) days after we have posted our new User Terms. You always have the right to stop using the Platform if you are not pleased with our updated User Terms.
5. Intellectual Property Rights and Data
Touchtech or its licensors hold all rights, including intellectual property rights, to the Platform, including but not limited to rights related to software and source code, database rights, trademarks, design protection, copyright, patents and the right to apply for such protection. Touchtech has made a substantial investment in the obtaining and presenting of data in the Platform and the database included in the Platform. You agree to respect such rights and nothing in these User Terms shall be construed as a transfer of such rights, or any part thereof, to you.
The content in the Platform may not be used to a greater extent than is necessary in order for you to use the Platform according to these User Terms and in the intended manner. The User may not copy, modify, create derivative work, reverse engineer or otherwise attempt to discover any source code of, or assign, sub-license or transfer any right in, the Platform, data in the Platform or part thereof. Nor may the User decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Platform, or in any way use mechanisms to restrict or control the functionality of the Platform, any third party use of the Platform, or any third party data contained therein, except to the extent such restrictions are required according to applicable law.
The relevant Customer is responsible for any Customer Content provided to, published in or used in the Brand Workspace, e.g. graphic content, logotypes, movies, pictures and texts, and for that the publication of the same, comply with applicable laws, regulations and guidelines issued by a competent authority. The Customer is also responsible for having the right to use the brand name, logos and similar signs that are presented as part of the use of the Platform and that no content is used in a way that is harmful to the Platform or to any third parties.
The User is responsible for any User Generated Data provided to, published in or used on the Platform, and for that the publication of the same comply with applicable laws, regulations and guidelines issued by a competent authority. The User is also responsible for having the right to use the brand name, logos and similar signs that are presented as part of the use of the Platform and that no content is used in a way that is harmful to the Platform or to any third parties.
The User shall in all respects comply with the applicable terms of any third-party applications, including any such applications that the Customer integrates on the Platform, that the User access or subscribe to in connection to the use of the Platform.
Touchtech is given a right to use User Generated Data, including thereby associated intellectual property rights, that you submit to the Platform in order to provide the Platform to you and to develop the Platform. Touchtech is furthermore given a right to use, modify and sub-license such intellectual property rights as part of providing the Platform. If you want to revoke such rights, you can contact Touchtech. You find our contact details at our website. Touchtech is also given a right to keep the data you provide, in anonymized and/or aggregated form, after the end of your use of the Platform.
For the sake of clarity, the User is aware that when submitting User Generated Data in the Platform, Customers owning the relevant Brand Workspace will get access to that User Generated Data and personal data within the scope of their use of the Platform. Touchtech may transfer the right to use your User Generated Data to such companies. The Customer will have access to the existing User Generated Data even if the Role would be removed. The Customer may copy the User Generated Data to third party systems.
We strive to provide you with a great platform and service. Although it is our ambition, we cannot guarantee that the Platform is provided without technical disruptions. We may therefore have to restrict the access to the Platform due to for example support, safety or technical reasons.
The Platform is provided as a service “as is” and without any specific warranties. Since the Platform is provided free of charge Touchtech´s liability under these User Terms is as limited as permitted by applicable law.
Touchtech shall under no circumstance be liable for indirect damages (Sw. indirekt skada), including damages caused by loss of profit, revenue, anticipated savings or goodwill, loss of information, data or content, loss due to operational, business, power or network interruptions, loss due to modifications of the Platform made in accordance with User´s instructions or performed by anyone other than Touchtech, as well as any claims due to the User´s possible liability to third parties.
If you despite the limitations above would have any claim against us, you as a User shall, in order to not lose your right, submit a claim for compensation in writing no later than ninety (90) days after you noticed or should have noticed the actual damage or loss and in no case later than six (6) months from when the loss arose.
These User Terms, together with the information provided by Touchtech when you started to use the Platform, forms the agreement between you and Touchtech. The agreement between Touchtech and you forms our entire understanding of all questions regarding the your use of the Platform. All prior written or oral representations or warranties are replaced by the agreement, including these User Terms in applicable parts.
Touchtech has the right to assign any part of our rights and obligations under the agreement between us and you without your prior consent, including, but not limited to, in connection with a transfer of Touchtech’s business or a part thereof.
8. Questions, Governing Law and Disputes
If you have any questions or if there is any problem with the Platform, or if you are dissatisfied in any way please contact us. We will always try to find a solution to the problem as soon as possible. You find our contact details at our website.
These User Terms and your agreement with us shall be governed by and construed according to Swedish law.
In case we would not be able to solve a specific conflict between us and the company you represent any dispute arising out of or in connection with these User Terms or your agreement with us shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”).
The Rules for Expedited Arbitrations shall apply, unless the SCC Institute, considering the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. If you are acting as a sole trader or representing a small company where arbitration would be considered unfair, we would always accept that a dispute is instead solved in general Swedish court.
The arbitration shall take place in Stockholm. The language of the proceedings shall be Swedish and Swedish law shall apply to the dispute. However, Touchtech shall always have the right to apply for an injunction to payment or bring an action regarding non-payment in a general court.