Terms of Service

1. Acceptance

These Terms of Service ("Terms") govern your access to and use of Touchly's website, applications, APIs and services (the "Service"). By creating an account or using the Service, you agree to be bound by these Terms and the Privacy Policy.

2. Account registration

You must provide accurate registration information, maintain it current, and keep credentials confidential. You are responsible for all activity under your account. Touchly may refuse registration or terminate accounts that violate these Terms or applicable law.

3. The Service

Touchly is a lifecycle messenger marketing platform that delivers cascades across messenger and SMS channels via the official WhatsApp Cloud API, TikTok Business Messaging API, other messenger APIs and carrier SMS aggregators. The Service is provided on a subscription basis and is described at touchly.io and in your subscription order.

4. Acceptable use

You will not use the Service to send spam, unsolicited messages, deceptive content, malware, content that infringes third-party rights, or content prohibited by applicable law or by the messenger network's policies (including Meta's WhatsApp Business Messaging Policy and TikTok's Business Messaging policies). Touchly may suspend Service immediately to prevent abuse or to comply with a network policy.

5. Customer content

You retain all rights in the content you upload to the Service ("Customer Content"). You grant Touchly a worldwide, non-exclusive, royalty-free license to host, transmit and process Customer Content solely to provide the Service. You represent that you have the right to upload Customer Content and to send messages to the recipients you target, including any consents required by applicable law (CAN-SPAM, GDPR, LGPD, TCPA and others).

6. License and API

Subject to these Terms and payment of fees, Touchly grants you a non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the subscription term. You will not reverse-engineer, sub-license, resell or build a competing product from the Service. API use is subject to documented rate limits and fair-use policies.

7. Subscriptions, billing and refunds

Subscriptions renew automatically at the end of each billing period unless cancelled. Fees are charged in advance and are non-refundable except as required by law and as follows: you may request a refund for the unused portion of a paid term within 14 days of the renewal charge by emailing [email protected]. Messenger and SMS conversation fees pass through at cost and are non-refundable.

8. Free trial and Starter plan

We may offer a free trial of paid plans and we provide a perpetually free Starter plan. The Starter plan and free trials are made available on an "as available" basis with limited features as described at touchly.io/#pricing. We do not guarantee 100% uptime for the Starter plan or for free trials; paid customers receive operational priority for support response, processing capacity and incident response. We may impose usage limits, throttle traffic, or temporarily suspend free-tier access to protect Service stability for paid customers. At the end of a free trial your subscription will start unless you cancel before the trial ends. We may modify or discontinue the Starter plan or any free trial at any time with reasonable notice.

9. Suspension and termination

Either party may terminate for cause on 30 days' notice for material breach unremedied within that period. Touchly may suspend or terminate immediately on (a) non-payment, (b) violation of acceptable use, (c) network policy violation, or (d) where required by law. On termination, your access ends; export data via the Service before termination.

10. Disclaimers and limitation of liability

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Touchly disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. Touchly's aggregate liability under these Terms will not exceed the fees you paid for the Service in the 12 months preceding the claim. Neither party is liable for indirect, incidental, consequential, special or punitive damages, including lost profits or data.

11. Indemnification

You will defend and indemnify Touchly against third-party claims arising from your Customer Content, your use of the Service in breach of these Terms or applicable law, and any messages you send.

12. Changes to these Terms

We may update these Terms. Material changes will be announced in-app or by email at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

13. Governing law and disputes

These Terms are governed by the laws of Ukraine, excluding conflict-of-laws rules. The parties will first seek to resolve disputes amicably. Unresolved disputes will be submitted to the competent commercial courts of the city of Kyiv, Ukraine, without prejudice to mandatory consumer-protection rules in your country of residence.

14. Beta and preview features

Touchly may make features available under labels such as "beta", "preview", "experimental" or "early access". Such features are provided AS IS and AS AVAILABLE; they may be modified, restricted or withdrawn at any time without notice; and the uptime, support and liability commitments in these Terms do not apply to beta features. Use of a beta feature is optional — you can revert to the generally available equivalent or stop using the feature at any time. Feedback you provide on beta features is non-confidential and Touchly may use it to improve the Service.

15. Force majeure

Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including without limitation acts of war, armed conflict, military action, civil unrest, terrorism, natural disasters, fire, flood, pandemics, governmental orders, embargoes, sanctions, power or telecommunications outages, internet backbone failures, denial-of-service attacks or strikes (a "Force Majeure Event"). The affected party will notify the other promptly and use reasonable efforts to mitigate the impact and resume performance. If a Force Majeure Event continues for more than 60 consecutive days, either party may terminate the affected portion of the Service on written notice. Force majeure does not excuse payment obligations for Services already delivered.

16. Contact

All notices (legal, billing, general): [email protected]. Postal address: 7 Shkilna St., apt. 20, Zaporizhzhia, Zaporizka oblast, Ukraine.