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.

Touchpix and the User

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.

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, if possible, via iDeal. 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.

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 Complaints

Any complaints about the Services provided by Touchpix can be submitted by sending an e-mail to
[email protected]