Welcome to TelosTouch! TelosTouch is an online client experience platform provided and made available to you by TelosTouch Inc. (“TelosTouch”, “we”, “us” or “our”) through the TelosTouch mobile application(s) and the website located at www.telostouch.com (collectively, the “Platform”).
2. The Platform
The Platform is an online client experience platform for professional services providers and their clients or prospective clients (each a “Client”). The Platform enables professional services providers to (i) integrate their practice tools in one place; (ii) create a profile and action plan for each Client to better understand Clients’ needs; (iii) enhance their professional recommendations through predictive analysis; (iv) collaborate with their teams and other professionals; and (v) provide Clients with real time information and results.
TELOSTOUCH PROVIDES A TECHNOLOGY PLATFORM. TELOSTOUCH DOES NOT PROVIDE INVESTMENT, LEGAL OR TAX ADVICE. TELOSTOUCH IS NOT A BROKER, INVESTMENT ADVISOR, PORTFOLIO MANAGER, TAX ADVISOR OR A PROFESSIONAL ADVISOR. ANY INVESTMENT OR FINANCIAL ADVICE THAT YOU RECEIVE THROUGH THE PLATFORM IS PROVIDED TO YOU BY YOUR PROFESSIONAL SERVICES PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT TELOSTOUCH IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE PLATFORM.
4. Provision of the Platform
You acknowledge and agree that the form and nature of the Platform may change from time to time. We will provide commercially reasonable prior notice to you of any material changes to the Platform.
You acknowledge and agree that we may stop (permanently or temporarily) providing the Platform (or any features within the Platform) to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Platform at any time in accordance with the terms of this agreement.
5. Use of the Platform by You
Your use of the Platform is subject to all applicable local, provincial and federal laws and regulations. You represent and warrant that you currently meet and will continue to meet the following conditions:
- You have not made any false representation to TelosTouch, including impersonation of any person or entity or misrepresentation of your credentials or affiliation with any person or entity;
- You have not made any false representations to TelosTouch regarding any authorizations, licenses, registrations or exemptions from any government agency or entity; and
- You have not been convicted of a securities law violation or fraud in any jurisdiction.
Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents (defined below) or any of our products and services for any purpose.
You agree that you will not use the Platform to:
- promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam;
- promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, sexually explicit, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class;
- upload, post or otherwise make available any material that contains viruses, malware or other malicious software
- upload, post, or otherwise make available any material that you do not have a right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party;
- create a false or clearly fictional profile;
- use an image that is not your likeness for your profile;
- engage in any activity that interferes with or disrupts the use of the Platform, including bypassing any measures we may use to prevent unauthorized access to the Platform;
- engage in any activity that attempts to extract any proprietary software used to maintain the Platform;
- track, trace, scrape or harvest any information on the Platform or any other person who visits the Platform; or
- sell or otherwise monetize the Platform without our consent.
6. User Accounts
If you are creating a User Account(s) on behalf of a company, you represent and warrant that you have been authorized and have the necessary authority to create the User Account and that you have shared all user names, passwords and access credentials with other authorized representatives of the company.
6.1 Account Confidentiality
You are responsible for maintaining the confidentiality of your password. You must notify us if you become aware of a potential breach of security, such as the unauthorized disclosure of your password. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your User Account arising from a failure on your part to maintain the confidentiality of your password.
6.2 Account Termination and Cancellation
You have the right to close your User Account at any time once all obligations associated with the User Account have been completed. We may terminate or otherwise restrict or prohibit your access to and use of your User Account under certain circumstances. Please see Section 16, Termination and Cancellation, for more details.
7. Use of the Platform through Mobile Devices
You may access and use the Platform through a mobile device, including through a mobile application. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Platform through a mobile device.
7.1 Aggregated Data
User grants TelosTouch a non-exclusive, transferable, assignable, irrevocable, royalty-free, worldwide, perpetual license to create aggregated, anonymized and de-identified User Data (“Aggregated Data”) and to use such Aggregated Data, and all modifications thereto and derivatives thereof, for any purpose, including, without limitation, to improve the Platform, conduct research, develop new products and services and understand usage and for predictive analytics and insights. TelosTouch shall own all Aggregated Data and may transfer or assign any of its rights in the Aggregated Data to any third party. TelosTouch warrants and represents that it is using methods and processes that are meant to ensure the irreversibility (i.e., reidentification) of the Aggregated Data.
We may allow you to use our application programming interfaces and associated software (“API”). By accessing or using one of our APIs, you agree that you will only access an API by the means described in the documentation of the API. You agree that you will not attempt to circumvent any limitations on your use of an API without our express consent. By using our APIs, you do not acquire any ownership rights in our APIs or the content that is accessed through our APIs. You must use commercially reasonable efforts to protect any personal information that you collect through our APIs and comply with all applicable privacy laws.
9. Links to Third-Party Sites
Use of certain links on the Platform will direct you away from the Platform to third party websites. Such third party websites are not under the control of TelosTouch, and TelosTouch is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Platform are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk. You acknowledge and agree that TelosTouch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.
10. Privacy and Personal Information
User shall defend, indemnify and hold TelosTouch harmless from and against any loss, damage or costs (including reasonable legal fees) incurred in connection with any claims, demands, suits, or proceedings made or brought against TelosTouch by a third party based on, relating to or caused by: (a) a breach of User’s obligations in the preceding paragraph, or (b) a breach of any applicable privacy laws by User in relation to the collection of personal information by User from Clients through the Platform.
11. Ownership of Intellectual Property Rights
The contents of the Platform include, without limitation, all information, products, materials, services, software applications and tools, APIs, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term Platform includes all of the Contents.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
12. Third-Party Information
Any third-party content, data or publications made available through the Platform are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s) and not of TelosTouch. TELOSTOUCH DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
13. Warranty Disclaimer
TelosTouch recommends that Users undertake their own research and due diligence with respect to all recommendations made by the Platform to the Users. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES (INCLUDING THE PROVINCE OF QUEBEC). IN THESE JURISDICTIONS, YOU HAVE ONLY THE WARRANTIES THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW.
IN ALL OTHER JURISDICTIONS, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE PLATFORM IS PROVIDED TO YOU "AS IS" AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE DO NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION MADE AVAILABLE ON THE PLATFORM. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE PLATFORM, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE PLATFORM AT ANY TIME.
14. Limitation of Liability
SOME JURISDICTIONS DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES (INCLUDING THE PROVINCE OF QUEBEC). IN THOSE JURISDICTIONS, WE WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW.
IN ANY OTHER CASE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TELOSTOUCH SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE PLATFORM, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15. Termination and Cancellation
15.1 Termination for Convenience
If you want to terminate your User Account, you may do so by closing your Account, where we have made this option available to you. Your User Account will be closed provided that (i) any disputes in which you have been involved have been satisfactorily resolved; (ii) you have met all outstanding payment obligations associated with your User Account; and (iv) you have completed any other obligation(s) associated with your use of the Platform.
We may terminate your use of the Platform and/or access to your User Account, the Contents, APIs, features, functionality, products and services made available in connection therewith at any time, for any or no reason, by giving ninety (90) days’ prior written notice to you.
15.2 Termination for Cause
No e-mail address found on the Platform may be harvested or otherwise used for purposes of solicitation.
17. Obtaining TelosTouch Consent
Last updated: November 9, 2020