Legal

Terms

Thanks for using the inTooch website (the "Site") and inTooch mobile application service (the “Intooch Mobile Application” and collectively with the Site, the "Service" owned operated, or licensed, by INTOOCH SAS). Please read the following Terms of Use carefully before using this Site or downloading any of our products, so that you are aware of your legal rights and obligations with respect to INTOOCH SAS, its affiliates and subsidiaries or our partners (individually and collectively, "INTOOCH", "we", or "us").


By using INTOOCH, you signify your irrevocable acceptance of these Terms of Use. INTOOCH has the right to revise the Terms of Use at any time without providing individual notice to its users. Changes in the Terms of Use will be signaled on the inTooch website. Your continued use of INTOOCH shall be deemed irrevocable acceptance of those revisions.


You understand that the Service provided to you is a beta version of the Service that will be used during the trial period before the commercial launch of the Service.


Therefore, we reserve the right to change, modify, suspend or discontinue the whole Service or any portion of the Service at any time. We may also impose limits on certain features or restrict your access to parts or the entire website and mobile application without notice or liability. The end of the trial period will be signaled on the inTooch website or by mobile notifications. The Service that will be used for the commercial launch will implement the changes, amendments and modifications that we deem appropriate.

Privacy

Your privacy is very important to us. To better protect your rights we have provided the INTOOCH Privacy Statement to explain our privacy practices in detail available here.

Use of INTOOCH Mobile Application

The INTOOCH Mobile Application (sometimes referred to as the "Mobile Application" or the “Applications”) and the accompanying documentation that are made available by download from this Site or via mobile device are the copyrighted work of INTOOCH. Use of the Mobile Application is also governed by the Terms of Use. You will not be able to download or install any Mobile Application available from INTOOCH unless you agree to the Terms of Use. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any INTOOCH Mobile Applications.

Warranties and Disclaimers

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND INTOOCH, THE MATERIALS, SERVICE, TECHNOLOGY, AND INFORMATION ON THIS SITE OR ON MOBILE APPLICATIONS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INTOOCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, TITLE, QUIET ENJOYMENT OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, INTOOCH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE, ITS MOBILE APPLICATIONS OR ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THIS SITE OR THE SERVER OR THE MOBILE APPLICATIONS THAT MAKES SUCH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INTOOCH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SERVICE, THE MATERIALS, TECHNOLOGY OR INFORMATION ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT INTOOCH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT AS A SERVICE TO USERS OF THE INTOOCH SITE & MOBILE APPLICATIONS, WE INCLUDE LINKS TO OTHER WEB SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT INTOOCH HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER, REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEB SITES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH WEB SITES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL INTOOCH BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, INTOOCH, OR ANY OTHER WEBSITE, EVEN IF INTOOCH OR A INTOOCH AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM INTOOCH OR FROM OR THROUGH INTOOCH SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. IN NO EVENT SHALL INTOOCH'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED ONE DOLLARS (US$1.00).

Term of Use

The license for use of the Service is effective until terminated. This license is personal and is provided free for the Beta version of the Service for use during the trial period.


This License shall be automatically terminated should the Service been interrupted or should INTOOCH decides not to launch the commercial version of the Service after the trial period. In such a case, you shall be responsible to remove the Mobile Application from your device.


You may also terminate it at any time by removing the Mobile Application from your device, together with all copies thereof as provided for in the end user license agreement applicable to such Mobile Application. You will also be able to delete all website information by editing your account.


This license will terminate upon conditions set forth elsewhere within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by INTOOCH to effect such termination. Upon termination of this Terms of Use, you agree to remove the Mobile Application from your device with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to INTOOCH at your expense.

Web Site Links

INTOOCH may provide links to other sites that we feel are relevant and interesting to our users ("Link Sites"). INTOOCH is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products ("Products"). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.

Online Behavior

Please exercise respect when participating in any of INTOOCH's community features such as forums, blogs, email functions, etc. and when using chat, voice, video, file transfer or any other feature of the INTOOCH Mobile Application ("User Materials"). You may not submit or publish through INTOOCH any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or any User Material that would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through INTOOCH that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.


Please remember that we do not monitor the contents of these community features and cannot be held responsible for the User Materials, though we reserve the right to remove any content in our sole discretion.


Notwithstanding any rights or obligations governed by any Additional Terms (as defined below), if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant INTOOCH a non-exclusive, royalty-free, perpetual, irrevocable license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for INTOOCH, INTOOCH and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called "moral rights" in and to the User Materials.

Submissions

Certain parts of INTOOCH may ask for written suggestions or problem reports such as using our feedback form ("Submissions"). In such a case, please read carefully the specific terms, which govern those Submissions ("Additional Terms"). In the absence of Additional Terms, the INTOOCH Terms of Use shall govern your legal rights with respect to those Submissions. The Submissions shall be deemed the property of INTOOCH. INTOOCH shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to INTOOCH will not be treated as confidential and INTOOCH shall not be liable for any disclosure of the Submissions.

Accounts and Security

INTOOCH does not warrant that the functions contained in the Service provided by INTOOCH will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.


As part of the registration process, each user of the Service will enter a mobile number and an email address which might serve as an identification and to which we might send a password. Users will also be able to use a third party login process such as FaceBook ConnectTM .You shall provide INTOOCH with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account. You may not (i) select or use a INTOOCH ID of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a INTOOCH ID that INTOOCH, in its sole discretion, deems inappropriate or offensive.


You shall notify INTOOCH of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at INTOOCH's sole discretion, and you may be reported to appropriate

Notification of Copyright Infringement

INTOOCH will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify INTOOCH. A notification of claimed infringement must be a written communication addressed to INTOOCH's designated agent as set forth below, and must include substantially all of the following:

   a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
   a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;
   a description of where the material that you claim is infringing is located on inTooch;
   information sufficient to permit INTOOCH to contact you, such as your physical address, telephone number, and email address;
   a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
   a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

For notice of claims of copyright infringement, INTOOCH can be reached by the following: 26, rue Damremont 75018 PARIS, +33 1 64 91 08 99, legal@intooch,com.

Unwanted Emails & SMS

inTooch users are not allowed to send unsolicited connection request by emails or SMS to people they do not know. inTooch retains all rights to shut down accounts that send unwanted emails or SMS.


inTooch will do its best effort to prevent its user from receiving unwanted emails and SMS, you can report unwanted emails or SMS by sending an email to antispam@intooch.com, with your name and your own mobile number and the email address or the mobile number of the person sending unwanted emails or SMS.

Administrative Information/Jurisdictional Issues

This Site is controlled and operated by INTOOCH. INTOOCH makes no representation that materials in INTOOCH are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnity

You agree to indemnify and hold INTOOCH, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through INTOOCH, your use of the Site, Service or Mobile Application, your connection to INTOOCH, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing Law

By accessing this Site, you and INTOOCH agree that all matters relating to your access to, or use of, this website shall be governed by and construed in accordance with the laws of France, without giving effect to any principles of conflicts of law. All disputes arising from or related to these Terms of Use shall be brought in the French courts.

Trademarks

INTOOCH, inTooch, the INTOOCH logo and the inTooch logo and other marks indicated on our Site and within the Mobile Application are trademarks of inTooch SAS or other related companies. INTOOCH is registered in the United States Patent and Trademark Office.


Registrations have been filed in several other countries. INTOOCH's trademarks and trade dress may not be used in connection with any product or service that is not INTOOCH's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits INTOOCH. All other trademarks not owned by INTOOCH or any of its related companies that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by INTOOCH.

Copyright

All content and compilations of content included on INTOOCH's Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads and mobile applications, are the property of INTOOCH Limited and is protected by United States and international copyright laws.


If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on INTOOCH, please contact us at: info@inTooch.com.


[Last revised September 28, 2008]. © 2008 inTooch SAS – All Rights Reserved.