1. Introduction and Acceptance of Terms

This document outlines the terms and conditions under which you may use our Key Touchpoints website, mobile application, and other associated online services (collectively referred to as the "Site" or "Services"). By accessing or using our Site and Services, you agree to these terms. If you disagree with any part of these terms, you should stop using our Site and Services immediately.

2. Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Key Touchpoints, Inc, (“we”, “us”, or “our”), concerning your access to and use of the https://keytouchpoints.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). By accessing the Site, you agree to be bound by all of these Terms of Use.

3. General Provisions  

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

4. Amendments and Changes to Terms

We reserve the right to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. Your continued use of the Site after the date such revised Terms of Use are posted means you accept those changes

5. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

6. User Representations

By using the Site, you represent and warrant that:

1. You have the legal capacity and agree to comply with these Terms of Use.

2. You are not a minor in the jurisdiction in which you reside.

3. You will not access the Site through automated or non-human means.

4. You will not use the Site for any illegal or unauthorized purpose.

5. Your use of the Site will not violate any applicable law or regulation.

6. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any portion thereof).

7. User Registration  

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.  

8. Services

Key Touchpoints provides a multitude of products integration and services for users on our platform, which you may subscribe to through our Site.

a. No Guarantee Although Key Touchpoints works hard to provide quality Services, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Services available on this site.

b. Temporary Interruptions You understand and agree that temporary interruptions to the Site may occur. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Services. You agree that the Services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, interruption, or failure to store any user communications or personalization settings.

c. Right to Modify the Services We reserve the right to implement new elements as part of the Services including changes that may affect the previous mode of operation of the Services. We believe that any such modifications will enhance the overall Services, but it is possible that your opinion may vary.  

d. No Contingency on Future Releases and Improvements. You understand that your purchase of the Services on our Site is not contingent on the delivery by us of any future release of any functionality or feature, including without limited to, the continuation of a certain service beyond its current subscription term or third-party services or dependent on any public comments we make, regarding any future functionality or feature.   

9. Payment

a. Fees

If you choose to purchase one or more of the Services provided on our Site, you agree to pay all fees associated with the Services. Our monthly subscription provides tiered pricing for different levels of services and products based on the services you choose to use. In addition to our monthly subscription services, you may purchase add-on services for a one-time fee or recurring subscription fees. Fees may change from time to time. 

Any charges incurred by your purchase or use of the Services will be billed to the credit card we have on file.  In the event you sign up for a Service that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, and telephone number, and to provide us with any changes to such information within 10 days of the change.

b. Overdue Amounts

If, for any reason, the credit card on file at Key Touchpoints declines or otherwise you refuse to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us.  In the event legal action is necessary to collect balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

10. Cancellation  

Your Subscription Agreement will automatically be renewed. All payments are month to month unless you paid in full for an annual plan. To prevent renewal of Your subscription, you must provide notice of non-renewal 30 days in advance.

Your cancellation will take effect at the end of the current paid term. All purchases are non-refundable.   

If you are unsatisfied with our services, please email us at: [email protected].

11. User Conduct

You agree not to:

1. Systematically retrieve data from the Site to create a collection, database, or directory without written permission from us.

2. Use the Site to advertise or offer to sell goods and services.

3. Circumvent, disable, or interfere with security-related features of the Site.

4. Engage in unauthorized framing of or linking to the Site.

5. Trick, defraud, or mislead us and other users.

6. Make improper use of our support services.

7. Engage in any automated use of the system.

8. Interfere with, disrupt, or create an undue burden on the Site.

9. Attempt to impersonate another user or person.

10. Use the Site as part of any effort to compete with us.

11. Decipher, decompile, disassemble, or reverse engineer any of the software on the Site.

12. Harass, annoy, intimidate, or threaten our employees or agents.

13. Upload or transmit viruses, Trojan horses, or other harmful material.

14. Use the Site in a manner inconsistent with any applicable laws or regulations.

12. Submissions

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site you provide are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose without acknowledgment or compensation to you.

13. Site Management

We reserve the right to:

1. Monitor the Site for violations of these Terms of Use.

2. Take appropriate legal action against anyone who violates the law or these Terms of Use.

3. Refuse, restrict access to, or disable any of your Contributions.

4. Remove from the Site or disable all files and content that are excessive in size or burdensome to our systems.

5. Otherwise manage the Site to protect our rights and property and to facilitate the proper functioning of the Site.

14. Privacy Policy

Your privacy is of utmost importance to us. Please review our Privacy Policy at https://keytouchpoints/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

15. Registration

Account Security, and Access Controls When you register with us, it's crucial to provide accurate and up-to-date information. You are responsible for the security of your login details. We reserve the right to accept or decline any registration requests and can revoke registration at our discretion.  

16. Term and Termination

These Terms of Use remain in full force and effect while you use the Site. We reserve the right to deny access to and use of the Site to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Terms of Use or any applicable law or regulation. We may terminate your use or participation in the Site without notice or liability.

17. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

18. Guidelines for Reviews  

We may provide you with areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:  

(1) you should have firsthand experience with the person/entity being reviewed.

(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.

(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.

(4) your reviews should not contain references to illegal activity.

(5) you should not be affiliated with competitors if posting negative reviews.
(6) you should not make any conclusions as to the legality of conduct.

(7) you may not post any false or misleading statements; and

(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.  

We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.  

Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners.  

We do not assume liability for any review or any claims, liabilities, or losses resulting from any review.  

By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.    

19. Mobile Application License  

Use License  

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly following the terms and conditions of this mobile application license contained in these Terms and Conditions.  

You shall not:  

(1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application.

(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.  

(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application.  
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application.  
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.  

(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.  

(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.  

(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or  

(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.  

20. Apple and Android Devices  

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:  

(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.  

(2) we are responsible for providing any maintenance and support services for the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services for the mobile application.

(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, following its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever for the mobile application;  

(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.  

(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not violate their wireless data service agreement when using the mobile application; and  

(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.  

21. Social Media

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:  

(1) providing your Third-Party Account login information through the Site; or  

(2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.  

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.  

By granting us access to any Third-Party Accounts, you understand that  

(1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and

(2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.  

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.  

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.  

You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.  

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.  

We make no effort to review any Social Network Content for any purpose, including but not limited to, accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.  

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable).  

We will attempt to delete any information stored on our servers that was obtained through such a Third-Party Account, except the username and profile picture that become associated with your account.  

22. Governing Law

These Terms of Use and your use of the Site are governed by and construed by the laws of the Commonwealth of Puerto Rico without regard to its conflict of law principles.

23. Dispute Resolution

Any legal action brought by either you or us shall be commenced or prosecuted in the Commonwealth of Puerto Rico. In no event shall any claim related in any way to the Site be commenced more than one (1) year after the cause of action arose.

24. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and to change or update the information on the Site at any time without prior notice.  

25. Disclaimer

The Site is provided on an as-is and as-available basis. We disclaim all warranties, express or implied, in connection with the Site and your use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

26. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Site, even if we have been avised of the possibility of such damages.

27. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of your use of the Site, breach of these Terms of Use, or violation of the rights of a third party.

28. User Data

We will maintain certain data that you transmit to the Site to manage the performance of the Site. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. We shall have no liability to you for any loss or corruption of such data.

29. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

30. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

31. AI Usage

We use artificial intelligence within our website and products. We cannot guarantee that our AI will be without error. We will not be liable for any damages or losses you might experience while using our Site or services that utilize AI technology.

32. Legal Complaints and Contact Information

If you believe that any content on our Site violates copyright or other intellectual property rights, please reach out to us at [email protected]. We take such matters seriously and will address them promptly.

33. User-Generated Content

When you submit content to our Site, you grant us a worldwide, non-exclusive license to use that content without any fees.

34. Accuracy and Third-Party Content

We aim to provide accurate information on our Site but cannot always guarantee it. We are not responsible for the content or accuracy of third-party websites linked to our Site.

35. Fee-Based Services and Trials

Some of our Services may come with a fee. If you choose to use these Services, you agree to pay the associated costs. Any trials may automatically convert to paid subscriptions if not canceled. Specific fees are detailed in the Subscription Agreement or Website.

36. Acceptable Use Policy

Users must behave respectfully and lawfully when using our Site and Services. Infringement on the rights of others or abusive behavior is strictly prohibited.

37. Termination and Account Deletion

We reserve the right to restrict access, terminate accounts, or remove content if there is a violation of these Terms or any other misconduct.

38. Indemnification

You agree to defend and indemnify us from any losses or expenses resulting from your actions on our Site.

39. Miscellaneous Provisions

These Terms, and the subscription agreement, along with any other policies or terms we reference, represent the entire agreement between you and Communication Touchpoints. They supersede any prior agreements or understandings.

40. Disclaimers and Limitation of Liability

We strive to provide excellent service but cannot promise perfection. We are not liable for any damages or losses you might experience while using our Site or services, except in cases of intentional misconduct.

By using our Site, you agree to these Terms and Conditions. If you have any questions or concerns, please contact us at [email protected].  

06/24/24