General terms and conditions
Article 1 Definitions
1. Touchpix is a private limited liability company whose objective is to offer a free app, called Touchpix, which allows the User to purchase events. These events can be used to set up a photo booth on an iOS device belonging to the User.
2. In these General Terms and Conditions, ‘User’ is understood to be: a natural person or the intermediary or representative acting on this person’s behalf, who enters into a User Agreement with Touchpix.
3. In these General Terms and Conditions, ‘Services’ are understood to be: offering the Touchpix app free of charge, offering events that can be used to set up a photo booth against payment.
4. In these General Terms and Conditions, ‘User Agreement’ is understood to be: the legal relationship between the User and Touchpix, in the broadest sense.
5. In these General Terms and Conditions, ‘Account’ is understood to be: the personal section the User creates and manages when signing into the app.
6. In these General Terms and Conditions, ‘Website’ is understood to be: https://touchpix.com.
Article 2 Applicability of the General Terms and Conditions
1. The General Terms and Conditions apply to all relationships between User and Touchpix.
2. Any stipulations varying from the General Terms and Conditions are only valid if they have been expressly agreed with Touchpix in writing.
3. If one or more provisions of these General Terms and Conditions are contrary to a statutory provision or other regulations, the other provisions will remain in effect.
Article 3 Identity of Touchpix
1. Touchpix is registered with the Chamber of Commerce under number 64845516 and its VAT identification number is NL855877583B01. Touchpix has its registered office at Bonnetstraat 7 in (6718 XN) Ede, the Netherlands.
2. Touchpix can be reached by e-mail via [email protected] or by visiting the website https://touchpix.com.
Article 4 Governing law and competent court
1. The legal relationship(s) between Touchpix and User is/are governed by Dutch law.
2. All disputes arising between Touchpix and User are settled by the competent court of the District of Gelderland, Ede location, the Netherlands.
Article 5 Other provisions
1. Touchpix guarantees that personal data is treated confidentially. Confidential data received will only be used for the purpose for which it has been provided. Data is, in any case, considered to be confidential if it has been indicated by either party as such. Touchpix cannot be obliged to abide by this if, as a result of a court judgment or statutory provision, it is required to provide data to a third party who is not involved.
2. Touchpix is, however, not liable for any damage or loss resulting from inaccuracies, problems caused by, or inherent to, dissemination of information via the Internet, as well as technical failures.
Article 6 Use of the app by the User
1. Use of the app of Touchpix by the User is initially free of charge. The User may start a trial event, being an event with default settings.
2. The User downloads the app in the Apple App Store and, in doing so, accepts these General Terms and Conditions. The User also accepts the privacy statement of Touchpix. Touchpix confirms registration to the User by e-mail, also providing the login details for the personal user account. With this confirmation, the User Agreement is concluded which is governed by these General Terms and Conditions, among other things.
3. The User may choose to purchase an event, which allows for installing and executing a photo booth on his iOS device, in accordance with Article 7 of these General Terms and Conditions. The User can load events via the personal user account on the website, after which the purchase is completed in the app by scanning a QR code. Payment is made via the Apple App Store; any loss caused by incorrect payments are at the risk and expense of Apple.
4.After creating the event, the photos and / or videos that were taken, are automatically synchronized to the app. The User can then directly access these photos and / or videos. After the User has received the photos and / or videos, the User is responsible for the storage of the photos and / or videos. The User is also responsible for the (method of) distribution of these photos and / or videos after the User has received them from Touchpix.
5.User is responsible for all content that can be seen on the photos and / or videos that were taken.
6. User is responsible for providing clear and correct instructions to users of the photo booth or video booth. Providing clear and correct instructions includes, but is not limited to, the fact that users of the photo booth or video booth are informed about the automatic synchronization of the photos and / or videos taken to the app and the agreements regarding privacy.
7.User is responsible for setting the app in accordance with applicable national and international privacy legislation, including but not limited to that the checkbox for processing the e-mail address has not been ticked in advance.
Article 7 The event
1. The User can use an event to set up a photo booth.
2. The User guarantees Touchpix that information provided during the application is correct, complete and up to date. The User is responsible for providing correct and complete information and for adjusting and/or supplementing information if it is no longer correct. The User acknowledges and understands that the correctness, actuality and completeness of information provided is of the essence in order for the Services to function optimally.
3. Purchase of an event in someone else’s name is expressly forbidden.
4. If, at any time, the event freezes or is no longer functioning, the User can ask for a refund via the Apple App Store.
Article 8 Payment of the event
1. All amounts stated in the app are in euros or dollars and inclusive of VAT, unless stated otherwise. If any amounts are not included in the price, this will be mentioned. However, Touchpix does not guarantee that all additional costs are stated, nor can it be held liable if any additional costs need to be paid at a later time.
2. The User pays as soon as the event has been successfully loaded into the app. 3. Payment is made via Credit Card or Paypal. The User is free to select either option. Touchpix is not otherwise involved in payment.
Article 9 Liability
1. Touchpix is not liable if the User in any way suffers damage or loss as a result of improper functioning of the event or loss of photographs.
2. Touchpix does not guarantee that the app and/or Services are always accessible without any interruptions or failures. Touchpix is in no way liable, or liable for compensation, towards the User for any damage or loss arising or resulting from the app and/or Services being (temporarily) unavailable, breaking down and/or functioning improperly.
3. Touchpix is not liable for any damage or loss resulting from non-receipt or late receipt of electronic messages.
4. Touchpix is not liable for any indirect damage or loss, including – but not limited to consequential damage, loss of profit, lost savings and loss due to business interruption.
5. Touchpix is not liable for non-performance or late performance of its obligations if this is caused by force majeure as referred to in Article 10 of these General Terms and Conditions.
6. Any and all of the User’s claims due to failure on the part of Touchpix will lapse if they have not been filed with Touchpix in writing, stating reasons, and within a reasonable period of time after the User had become aware, or could reasonable have become aware, of the facts the User bases his claims on.
7. The User indemnifies Touchpix against any third-party claims related to the Services.
8. Limitation of liability does not apply in case of intent or deliberate recklessness on the part of Touchpix.
9. This provision does not exclude liability insofar as liability cannot be limited or excluded by law.
10. Touchpix is not liable for the distribution of the photos and / or videos by the User. Touchpix is also not liable for the storage of the photos and / or videos after the User has received them.
11.Touchpix is not liable for all content that can be seen on the photos and / or videos taken.
12.Touchpix is not liable for the failure, late or incomplete provision of clear and correct instructions by the User to users of the photo booth or video booth. 13.Touchpix is not liable for the User not setting the app in accordance with applicable national and international privacy legislation.
Article 10 Force majeure
1. Force majeure is understood to be all external causes, beyond the control or through no fault of Touchpix, causing a timely, complete or correct performance of its Services to be impossible.
2. Force majeure as referred to in the previous paragraph includes but is not limited to: non-performance by a third party, illness of staff of Touchpix itself or a third party, abnormal weather conditions, disruptions in the supply of water and energy, strikes, serious failures in the systems of Touchpix as well as any other breach of contract by third parties engaged, fires, floods, natural disasters, riots, war or other internal civil commotion.
3. In a situation of force majeure, performance of the Services will be suspended for as long as this situation continues.
Article 11 Server
1.Touchpix is authorized to remove the photos and / or videos taken, from an online server provided by Touchpix, after the event.
2.The photos and video’s will be kept and saved by Touchpix for a period of 12 (in words:twelve) months.
Article 12 White Label
1. Touchpix offers various ‘White Label’ subscriptions in the shop on its website. This subscription is linked to the User’s Account. With this subscription, the event can be activated on any Apple device, regardless of the Apple account.
2. The White Label subscription is strictly personally linked to the User and is not transferable.
3. In the case of a White Label subscription, the branding – including but not limited to logo and company name – of the User’s company must be displayed at all times. All activity on the Account that does not use the same branding is not allowed and will be regarded by Touchpix as abuse of the Account.
4. If Touchpix has a reasonable suspicion (based on IP usage, iOS device name and/or missing branding) that the User’s Account is being shared between multiple companies, without a White Label construction being active, Touchpix will immediately inform the user to this effect and disable to account.
5. Touchpix will then give the User a period of 1 (one) week to correct the detected abuse. If, after this period, Touchpix finds that other companies are still using the account, Touchpix has the right to terminate the subscription with immediate effect, without the User being entitled to any refund of amounts already paid or amounts still to be paid for the relevant subscription.
6. In such cases, the user will also be legally in default as a result of the continuation of the abuse. Touchpix will charge a penalty of €1,500.00 per finding and €500.00 for each day on which the abuse continues, if appropriate, without prejudice to Touchpix’s other rights under the law or the present agreement, such as Touchpix’s right to terminate the agreement.
Article 13 Refund
Touchpix white label subscriptions are non-refundable. The online storage of the photos and videos that is included with your subscription is yours for the length of the subscription, even if you decide to cancel it.
Article 14 Amendment clause
Touchpix reserves the right to amend or supplement these General Terms and Conditions at any time. Touchpix will inform the User to this effect.
Article 15 Complaints
Any complaints about the Services provided by Touchpix can be submitted by sending an e-mail to [email protected]