Welcome to Touchbeat!
These Touchbeat Terms of Use (hereinafter referred to as "the Terms") govern the relationship and constitute an agreement between you and TOUCHBEAT AUTOMATION and its affiliates (“we”, “us”, “our”, or “TOUCHBEAT”). These Terms set forth the conditions under which you may access and use our software, services, applications, products, and content (collectively, the "Services").
If any changes are made to these Terms, we will notify you through the licensed software via an in-app message or notification. Once notified, the changes will be automatically incorporated into these Terms. If you do not agree with the changes, please discontinue use of the Services. Continued use will be considered as acceptance of the changes and agreement to be bound by them.
1.1 “Licensed Software” or “Touchbeat” refers to the “Touchbeat” mobile application software, including related systems, services, and applications developed and licensed by us, which can be downloaded, installed, and used on mobile devices.Personal Data means information generated, collected, recorded, and/or stored—electronically or otherwise—that can be used to identify an individual or reflect the activity of an individual, either from that information alone, or from that information and other information we have access to about that individual.
2.1 We provide you with smart home device control and management services, allowing you to access and manage smart devices using Touchbeat, utilize smart features, and enable interconnectivity through our IoT platform. Services provided include device control, device management, scene automation, and value-added services. You may also customize or adjust specific functions of the Services to suit your personal needs.
2.2 Please be aware that Services may occasionally be unavailable or suspended due to maintenance or other reasons, with or without prior notice.
2.3 The Licensed Software may be updated from time to time, either automatically or manually. If you choose not to install the latest version, certain functions of Touchbeat and related Services may not work as expected. All updates are considered part of the Licensed Software and are subject to these Terms, unless otherwise specified. We do not guarantee the availability or continued compatibility of any updates with your specific devices or systems.
3.1 We grant you a limited, revocable, non-transferable, non-exclusive, and non-sublicensable right to use the Licensed Software in accordance with these Terms.
3.2 In order to use the Licensed Software and Services, you may be required to register a Touchbeat account. You agree to provide accurate, complete, and up-to-date information during registration and to update your information as necessary to keep it accurate. Some products or services may require additional identification for verification or qualification. You may only use such features once your Touchbeat account has passed the necessary authentication. For details, please refer to the [Touchbeat Privacy Policy].
3.3 The Services are intended for personal, non-commercial use only. Any commercial use of the Licensed Software—including licensing, selling, leasing, transferring, or offering it in any commercial form—is strictly prohibited unless you obtain prior written consent from us.
3.4 Due to platform or device limitations, the Licensed Software may only function properly on authorized system platforms and mobile terminals. Installing the software on unsupported devices may lead to errors, restricted functionality, or conflicts with other hardware or software.
3.5 Touchbeat and/or its service providers may modify, upgrade, or transfer the Licensed Software or its features periodically and may introduce new functionalities or services. Unless otherwise stated in a separate agreement, such updates and additions will also be governed by these Terms.
3.6 You are solely responsible for the accuracy, reliability, legality, and integrity of all data you input or upload into the Licensed Software. It is your responsibility to ensure that such data and its source comply with applicable laws and regulations. We strongly advise that you regularly back up your data. You bear all risks for any loss or damage to such data.
3.7 You are responsible for keeping your Touchbeat account credentials (username and password) secure. If you suspect any security breach or unauthorized use of your account (e.g., password leakage), you must notify us immediately. We will assist you in taking appropriate actions. Otherwise, all activities conducted through your account will be considered as authorized by you, and you will be solely responsible for them.
4.1 You acknowledge that certain Services offered by Touchbeat are based on software, platforms, or services provided by third parties. These third-party services are integrated to enhance your use of specific Touchbeat Services and are made available under the appropriate legal authorization from the respective third parties.
4.2 You understand and agree that Touchbeat and its affiliates do not control, endorse, or assume any responsibility for the content, performance, or practices of third-party services. We are not liable for any damages or losses that may result from your use of such services, including but not limited to data breaches, service interruptions, or loss of data. Additionally, we do not guarantee the availability, reliability, or suitability of these third-party services. You are solely responsible for reviewing and complying with any applicable terms and conditions set forth by the third parties.
4.3 You acknowledge that Touchbeat does not guarantee the continued availability of any specific third-party services within the Licensed Software. The inclusion or removal of any such services may occur at any time, and similar services may be substituted at our discretion. Your use of these third-party services through the Touchbeat platform is governed by these Terms, and may also be subject to the third-party provider's terms and policies.
Your use of the Licensed Software and the Services provided by Touchbeat shall be subject to the following limitations:
7.1 We value your privacy and are committed to protecting your personal information. Touchbeat has published a Privacy Policy that outlines how we collect, use, store, share, and safeguard your data. The Privacy Policy is incorporated by reference into these Terms. We strongly encourage you to read the Privacy Policy carefully to understand your rights and our obligations related to your personal information and privacy.
8.1 Unless otherwise specified by applicable laws or regulations, Touchbeat will exercise commercially reasonable efforts to deliver the Licensed Software and Services in a reliable and functional manner.
8.2 EXCEPT FOR THE FOREGOING, THE LICENSED SOFTWARE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER TOUCHBEAT NOR ITS AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RELIABILITY OF THE LICENSED SOFTWARE, THE SERVICES, OR ANY CONTENT OR DATA PROVIDED THEREIN.
8.3 Any software derived from the Licensed Software but not developed or officially released by Touchbeat is unauthorized. Downloading, installing, or using such software is done at your own risk and may lead to instability or security vulnerabilities.
8.4 The Licensed Software and Services require a stable internet connection for proper functionality. You are solely responsible for acquiring and maintaining such connectivity. Any costs associated with internet usage or telecommunications access are your responsibility.
9.1 You acknowledge that the Licensed Software must be used only within the scope and purpose authorized by Touchbeat, and in full compliance with these Terms, especially regarding intellectual property and proper use of Services. Touchbeat may terminate your license and access to the Services immediately if you materially breach these Terms. Upon termination, you must cease all use of the Licensed Software and destroy any copies in your possession. You agree to indemnify Touchbeat, its affiliates, and users against all losses resulting from such breach.
9.2 If the Licensed Software or Services are provided through affiliates, and you violate these Terms or any related agreements, Touchbeat or its affiliates may, without liability, suspend or terminate all or part of the related Services.
9.3 You must also comply with rules and restrictions imposed by third-party app stores, system platforms, or device manufacturers. If any such provider notifies Touchbeat of your breach of their terms and requests cooperation, Touchbeat reserves the right to revoke your application license accordingly
10.1 You are solely responsible for any claims or disputes arising from your use of the Services, violations of these Terms, or any actions carried out under your account. If a third party brings a claim against Touchbeat, its affiliates, employees, or partners due to your actions, you agree to defend and indemnify us against all resulting losses, liabilities, or costs.
10.2 To the fullest extent permitted by applicable law, Touchbeat shall not be liable for any indirect, incidental, punitive, special, or consequential damages, including but not limited to loss of data, profits, or business opportunities, even if we were advised of the possibility of such damages.
10.3 During your use of the Services, you must comply with all applicable laws and shall not engage in any activities that violate the rights or interests of others, including but not limited to intellectual property, privacy, or reputation. Touchbeat shall not be held responsible for any unlawful acts or violations committed by you while using the Services.
11.1 These Terms, including their interpretation, validity, modification, execution, and any disputes arising in connection with them, shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
11.2 Any dispute, controversy, claim, or difference arising out of or in connection with these Terms, including any question regarding their existence, validity, interpretation, breach, or termination, shall be subject to the exclusive jurisdiction of the courts located in Surat, Gujarat, India. You hereby consent to the personal jurisdiction and venue of these courts.
11.3 If any provision of these Terms is found to be invalid or unenforceable by a competent authority, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect. You and Touchbeat shall continue to perform all valid obligations in good faith.
12.1 We may send you notices or communications relating to Touchbeat via in-app notifications, email, SMS, or phone call. Please ensure that the contact details you have provided are accurate and up to date. Such notices shall be deemed delivered once successfully sent through any of the aforementioned channels.
12.2 You agree that we may assign or transfer, in whole or in part, our rights and obligations under these Terms to any of our affiliates or associated entities, without requiring your prior consent. You will be notified of any such transfer as required by applicable law.
12.3 For certain Services, Touchbeat may delegate or subcontract to its affiliates or third-party service providers within India. In such cases, you may be required to accept additional terms and conditions issued by the respective service provider. Please read and understand those terms carefully before proceeding.