By accessing or using TouchNow, the Customer and its Authorized Users agree to comply with these Terms and all applicable laws and regulations.

The Customer is responsible for ensuring that its Authorized Users comply with these Terms and for activities carried out through its accounts.

If you do not agree to these Terms, you should not access or use the Services.

TouchNow is an AI-powered sales execution and opportunity intelligence platform designed to help businesses manage, understand and engage with their leads and opportunities throughout the sales lifecycle.

The Services may include lead and opportunity management, AI-powered engagement and qualification, communication and interaction management, contextual intelligence, recommendations, analytics, workflow automation, sales assistance, and integrations with third-party business and communication systems. The specific features available to a Customer may depend on its subscription, configuration and applicable commercial agreement.

TouchNow uses artificial intelligence to provide certain features, including summaries, classifications, recommendations, contextual responses and other generated insights. AI-generated outputs may not always be accurate, complete or appropriate for every situation. Customers and Authorized Users are responsible for reviewing and appropriately using such outputs, particularly when making material business decisions.

TouchNow may update, enhance or modify features of the Services from time to time as the platform evolves.

Customers are responsible for providing accurate and complete information when creating and maintaining their TouchNow account and for keeping such information up to date.

The Customer is responsible for managing access to its account and ensuring that only Authorized Users are permitted to access the Services. Authorized Users must keep their login credentials secure and must not share credentials or allow unauthorized persons to access the platform.

The Customer is responsible for all activities carried out through its account and for ensuring that its Authorized Users use the Services in accordance with these Terms and applicable laws. This includes responsibility for communications made or initiated by Authorized Users through the Services and for the content of such communications.

The Customer must promptly notify TouchNow if it becomes aware of any unauthorized access to or use of its account, credentials, or the Services.

Customer Data: The Customer retains all rights and ownership in the data, content and information provided to or processed through TouchNow on its behalf, including information relating to its leads, prospects, opportunities and interactions (“Customer Data”).

The Customer grants TouchNow the right to process Customer Data only as necessary to provide, operate, secure and support the Services, in accordance with these Terms, our Privacy Policy and applicable law.

The Customer is responsible for ensuring that it has the necessary rights, permissions and lawful basis to provide Customer Data to TouchNow and to process such information through the Services.

Customer-Specific Intelligence: TouchNow may process Customer Data to generate and maintain customer-specific intelligence, including summaries, classifications, contextual information, recommendations and other derived insights necessary to provide the Services. Such customer-specific intelligence remains associated with the relevant Customer and is not used to provide customer-specific intelligence to other customers.

AI Model Training: TouchNow does not use Customer Data, lead or prospect data, conversations, call recordings, transcripts, or customer-specific intelligence to train or fine-tune AI models.

TouchNow may use third-party AI and technology service providers as necessary to provide certain AI-powered features, subject to the data protection practices described in our Privacy Policy.

TouchNow enables Customers and their Authorized Users to communicate with leads and prospects through channels such as telephone calls, messaging, email and SMS. Certain communication services may be provided through third-party telephony, messaging or communication providers.

Customer Responsibility for Communications: The Customer is solely responsible for communications made, initiated or transmitted by the Customer or its Authorized Users through the Services, including the content, purpose, accuracy and legality of such communications.

TouchNow provides the technology through which such communications may be facilitated but does not control and is not responsible for statements, representations, commitments, promises, claims or other content communicated by the Customer’s employees, sales representatives or other Authorized Users.

Consent and Regulatory Compliance: The Customer is responsible for ensuring that it has all necessary rights, permissions, consents and authorizations to contact leads and prospects through the Services. The Customer must comply with all applicable data protection, telecommunications, marketing and anti-spam laws and regulations, including applicable requirements and directions issued by TRAI, the Department of Telecommunications (DoT), telecom operators and other relevant authorities.

Call Recording: Where call recording or transcription features are enabled, the Customer is responsible for ensuring that any notices, disclosures or consents required for recording, monitoring or transcribing communications are provided or obtained in accordance with applicable law.

Third-Party Telephony Services: Telephony functionality may depend on third-party service providers. TouchNow does not control and cannot guarantee the availability, performance or uninterrupted operation of such third-party networks and services and will not be responsible for interruptions, failures or limitations attributable to those providers.

Where virtual telephone numbers are provided through TouchNow, their availability, portability, transferability and continued use may be subject to the terms, technical limitations and regulatory requirements of the applicable telephony provider or telecom operator.

The Customer and its Authorized Users must use TouchNow only for lawful business purposes and in accordance with these Terms and applicable laws and regulations.

The Services must not be used to:

• engage in unlawful, fraudulent, deceptive, abusive or misleading activities;

• send spam, unsolicited communications or communications prohibited by applicable law;

• harass, threaten, defame or unlawfully discriminate against any person;

• impersonate another person or organization or misrepresent identity or authority;

• upload, transmit or process information that the Customer does not have the right or lawful authority to use;

• create, upload, transmit, distribute, promote or facilitate content or activities involving sexual exploitation or abuse of children, unlawful pornographic or sexually exploitative content, terrorism or violent extremist activity, human trafficking, or other content or activities prohibited by applicable law;

• gain or attempt to gain unauthorized access to TouchNow, another customer’s account, systems, networks or data;

• interfere with, disrupt, damage or compromise the security, integrity or operation of the Services;

• reverse engineer, circumvent security controls, scrape, copy or systematically extract data or functionality from the Services except where expressly permitted by TouchNow or applicable law; or

• use the Services in connection with activities prohibited by applicable law or by applicable telecommunications, messaging or technology service providers.

TouchNow may investigate suspected violations of this section and may restrict, suspend or terminate access to the Services where reasonably necessary to protect the platform, our customers, third parties or comply with applicable law.

TouchNow may integrate with or rely on third-party services to provide certain features and functionality. These may include CRM systems, advertising and lead-generation platforms, communication and messaging services, AI and technology providers, and other business applications.

Some integrations may be enabled or configured by the Customer. By enabling a third-party integration, the Customer authorizes TouchNow to exchange information with that service as necessary to provide the requested functionality.

Third-party services are operated independently of TouchNow and may be subject to their own terms, privacy policies, availability and technical limitations. TouchNow does not control and is not responsible for the operation, availability, security, changes or discontinuation of third-party services.

TouchNow may modify, suspend or discontinue an integration where the relevant third-party service changes or restricts its APIs, terms, functionality or availability, or where continued integration is no longer reasonably practicable.

TouchNow and its licensors retain all rights, title and interest in and to the TouchNow platform, including its software, technology, designs, interfaces, workflows, features, documentation, trademarks, content and other intellectual property associated with the Services.

Subject to these Terms and the Customer’s applicable subscription or commercial agreement, TouchNow grants the Customer a limited, non-exclusive, non-transferable right to access and use the Services for its internal business purposes during the applicable subscription period.

Except as expressly permitted under these Terms, the Customer and its Authorized Users may not copy, modify, distribute, sell, license, reverse engineer or create derivative works from the Services or any part of the TouchNow platform.

Customer Data and customer-specific intelligence generated from Customer Data remain associated with and available for the benefit of the relevant Customer, as described in Section 4 of these Terms. Nothing in this section transfers ownership of Customer Data to TouchNow.

Any feedback, suggestions or ideas voluntarily provided to TouchNow regarding the Services may be used by TouchNow to improve or develop its products and services without restriction or obligation, provided such use does not disclose Customer Data or the Customer’s confidential information.

Fees for the Services are determined by the Customer’s applicable subscription plan, order, proposal or other commercial agreement with TouchNow. Fees may include subscription charges, usage-based charges, prepaid service credits or other charges depending on the Services selected by the Customer.

The Customer is responsible for paying all applicable fees and taxes in accordance with the payment terms specified in the applicable commercial agreement or invoice.

Prepaid Service Credits: Customers may purchase prepaid service credits (“TouchNow Credits”) for use toward eligible TouchNow Services. TouchNow Credits may be used only for Services provided through TouchNow. They are non-transferable, cannot be used to purchase goods or services from third parties, and are not redeemable or exchangeable for cash except where expressly provided in these Terms or required by applicable law.

Unless a different validity period is specified in the applicable commercial agreement, TouchNow Credits are valid for 12 months from the date they are credited to the Customer’s account. Any unused credits remaining after the applicable validity period will expire and will not be refundable.

The Customer is responsible for maintaining sufficient TouchNow Credits for Services that operate on a prepaid or usage-based basis. Access to such Services may be limited or suspended where the Customer has insufficient available credits.

Cancellation: Customers may cancel or discontinue the Services in accordance with the cancellation and notice terms specified in their applicable subscription or commercial agreement. Cancellation by the Customer does not entitle the Customer to a refund of unused TouchNow Credits or other amounts already paid, unless otherwise specified in the applicable commercial agreement or required by law.

Permanent Discontinuation of Services: If TouchNow permanently discontinues the Services and, as a result, a Customer is unable to use valid and unexpired TouchNow Credits, TouchNow will refund the unused monetary value of such valid credits, subject to applicable law. In the event of insolvency, liquidation or similar proceedings, any amounts or claims will be handled in accordance with applicable law.

Unless otherwise stated in the applicable commercial agreement or required by law, fees and amounts already paid to TouchNow are non-refundable.

TouchNow may revise its pricing or introduce new pricing structures from time to time. Any pricing changes affecting an existing Customer will apply in accordance with the Customer’s applicable commercial agreement or upon the relevant renewal, as applicable.

TouchNow will use commercially reasonable efforts to provide reliable and continuous access to the Services. However, the Services are provided on an “as available” basis, and TouchNow does not guarantee that the Services will be uninterrupted, error-free or available at all times.

The Services may occasionally be unavailable or affected due to scheduled or emergency maintenance, upgrades, security updates, technical issues, internet or network failures, third-party service disruptions, or circumstances beyond TouchNow’s reasonable control. Where reasonably practicable, TouchNow will provide advance notice of scheduled maintenance that is expected to materially affect availability.

TouchNow may update, modify or enhance the Services from time to time, including adding, changing or discontinuing features, provided that such changes do not materially reduce the core Services purchased by the Customer during the applicable subscription term, unless required for legal, regulatory, security or third-party dependency reasons.

Except for any commitments expressly stated in an applicable commercial agreement or Service Level Agreement (“SLA”), TouchNow makes no specific guarantee regarding uptime, response times or availability of individual features or third-party integrations.

TouchNow does not guarantee any particular sales, revenue, conversion, lead qualification or other business outcome resulting from the use of the Services.

To the maximum extent permitted by applicable law, TouchNow will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business opportunities, goodwill or anticipated savings arising out of or related to the use of the Services.

TouchNow will not be responsible for losses arising from Customer or Authorized User communications, decisions or actions; reliance on AI-generated outputs without appropriate review; inaccurate or incomplete information provided by the Customer or third parties; or failures, interruptions or limitations of third-party services and integrations beyond TouchNow’s reasonable control.

To the maximum extent permitted by applicable law, TouchNow’s total aggregate liability arising out of or relating to the Services or these Terms will not exceed the total fees paid by the Customer to TouchNow during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable law.

TouchNow may suspend or restrict access to the Services where reasonably necessary due to non-payment of undisputed amounts, violation of these Terms or the Acceptable Use requirements, suspected fraudulent or unlawful activity, a security risk, unauthorized access, or where suspension is required by applicable law or a regulatory authority.

Where reasonably practicable, TouchNow will provide notice and an opportunity to resolve the issue before suspending the Services. TouchNow may suspend access immediately where necessary to prevent security threats, unlawful activity, material harm to the Services or other customers, or to comply with legal or regulatory requirements.

Either party may terminate the applicable Services where the other party materially breaches these Terms or an applicable commercial agreement and fails to remedy the breach within a reasonable period after receiving written notice, where the breach is capable of remedy. Specific termination and notice periods may also be set out in the Customer’s applicable subscription, order or commercial agreement.

Upon expiration or termination, the Customer’s and its Authorized Users’ right to access and use the Services will cease. Any outstanding amounts that became due before termination remain payable, and unused TouchNow Credits will be treated in accordance with Section 9.

Customer Data will be retained, made available for retrieval where applicable, and subsequently deleted or anonymized in accordance with TouchNow’s Privacy Policy, applicable commercial agreements and applicable law.

Provisions which by their nature are intended to survive termination, including provisions relating to intellectual property, accrued payment obligations, disclaimers, limitation of liability and applicable general terms, will continue to apply after termination.

TouchNow implements reasonable technical and organizational measures designed to protect Customer Data against unauthorized access, use, disclosure, alteration, loss or destruction, as further described in our Privacy Policy.

While TouchNow takes reasonable measures to protect the Services and Customer Data, no system, network, method of transmission or data storage environment can be guaranteed to be completely secure, and TouchNow does not guarantee that security incidents or unauthorized access will never occur.

If TouchNow becomes aware of a security incident involving Customer Data, TouchNow will take reasonable steps to investigate, contain and mitigate the incident and will notify affected Customers where required by applicable law or where reasonably necessary to enable the Customer to meet its applicable data protection obligations.

TouchNow will reasonably cooperate with affected Customers and provide available information relevant to the incident as necessary for investigation, remediation and compliance with applicable legal or regulatory requirements.

The Customer agrees to indemnify, defend and hold harmless TouchNow, its affiliates, directors, officers and employees from and against third-party claims, investigations, proceedings, damages, liabilities, penalties, fines, costs and reasonable legal expenses arising from or relating to:

• the Customer’s or its Authorized Users’ unlawful or unauthorized use of the Services;

• Customer Data or information provided, uploaded or processed by or on behalf of the Customer where the Customer did not have the necessary rights, permissions or lawful basis to use such information;

• communications, calls, messages, representations, commitments or other content made or transmitted by the Customer or its Authorized Users through the Services;

• the Customer’s failure to obtain any consent, permission or authorization required for communications, call recording, data processing or other activities carried out through the Services; or

• the Customer’s material violation of these Terms or applicable law.

TouchNow will provide reasonable notice of any claim for which indemnification is sought and will reasonably cooperate with the Customer in the defence of such claim.

TouchNow will indemnify and defend the Customer against a third-party claim alleging that the Customer’s authorized use of the TouchNow platform infringes that third party’s intellectual property rights, except where the claim results from Customer Data, modifications not made or authorized by TouchNow, combination of TouchNow with products or services not provided or approved by TouchNow, or use of the Services in violation of these Terms.

TouchNow processes personal information in accordance with its Privacy Policy and applicable data protection laws.

Where TouchNow processes personal information relating to the Customer’s leads, prospects or other individuals on behalf of the Customer, the Customer acts as the Data Fiduciary or Data Controller, as applicable, and TouchNow acts as the Data Processor.

The Customer is responsible for ensuring that it has an appropriate lawful basis, and where required appropriate consent, for collecting, using and providing such personal information to TouchNow and for processing it through the Services.

TouchNow will process such information in accordance with the Customer’s instructions, these Terms, the applicable commercial agreement and our Privacy Policy.

Where required for a particular Customer or jurisdiction, the parties may enter into a separate Data Processing Agreement (“DPA”) governing additional data protection obligations.

The Customer’s use of the Services is also subject to the TouchNow Privacy Policy, as updated from time to time.

These Terms and any dispute arising out of or relating to the Services will be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

The parties will first attempt in good faith to resolve any dispute through discussions between their authorized representatives.

If a dispute cannot be resolved through such discussions, the courts of New Delhi, India will have exclusive jurisdiction, subject to any different dispute resolution mechanism expressly agreed in an applicable commercial agreement between TouchNow and the Customer.

Changes to These Terms: TouchNow may update these Terms from time to time to reflect changes to the Services, business practices or applicable legal and regulatory requirements. We will update the effective date when changes are made and, where changes are material, provide reasonable notice. Continued use of the Services after the updated Terms become effective constitutes acceptance of the revised Terms, subject to applicable law and any applicable commercial agreement.

Entire Agreement and Order of Precedence: These Terms, together with the applicable order, proposal, commercial agreement, Privacy Policy and any other terms expressly incorporated by reference, constitute the agreement governing the Customer’s use of the Services. Where there is a conflict, a separately executed commercial agreement or order will prevail over these Terms to the extent of that conflict.

Assignment: The Customer may not assign or transfer its rights or obligations under these Terms without TouchNow’s prior written consent. TouchNow may assign these Terms in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its relevant business or assets.

Force Majeure: Neither party will be liable for delays or failures in performance caused by circumstances beyond its reasonable control, including natural disasters, acts of government, war, civil unrest, widespread internet or telecommunications failures, or other events that could not reasonably have been prevented.

Waiver and Severability: A failure by either party to enforce any provision of these Terms does not constitute a waiver of that provision or any other right. If any provision is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

No Partnership or Agency: Nothing in these Terms creates a partnership, joint venture, employment, fiduciary or agency relationship between TouchNow and the Customer. Neither party has authority to bind the other except as expressly agreed in writing.

If you have questions about these Terms, the Services, or your agreement with TouchNow, please contact us at:

TouchNow Private Limited
Email: privacy@touchnow.ai

For questions or requests relating to privacy or personal data, please refer to our Privacy Policy or contact privacy@touchnow.ai