Legal · Version 1.0
Terms and Conditions
Last updated · English reference text
The terms governing our website and your use of InTouch. Read the liability limits, security responsibilities and rules for AI agents before accepting a service agreement.
1. Scope and agreement
These Terms and Conditions govern the InTouch website and, where expressly incorporated into an order or accepted during registration, InTouch software, hosted services, Spaces, agents, APIs and related support (the Services). “We”, “us” and “our” mean the InTouch supplier identified in your order or account agreement. “You” means the individual accepting these terms or the organisation that individual is authorised to represent.
Read these terms before accepting them. Service access requires acceptance through the applicable registration or contracting process. Viewing this website alone does not create a paid subscription, waive statutory rights or constitute acceptance of a separate service contract. If you act for an organisation, you must have authority to bind it. Users must be at least 18, or otherwise have legal capacity and the authorisation required by applicable law.
A signed agreement prevails over these terms to the extent of a conflict. An applicable data processing agreement controls data protection matters; an order controls its expressly agreed commercial details. Your purchasing terms do not apply unless we expressly accept them in writing. Features apply only where included in your plan and available in your deployment.
2. Accounts, authority and security
You must provide accurate account and billing information, keep it current, safeguard credentials, recovery secrets, private keys and devices, and promptly report suspected compromise. You are responsible for people you authorise, your account configuration, and activities within your control. We are not responsible for unauthorised activity caused by your failure to take reasonable security measures, except to the extent caused by our own breach or liability that cannot lawfully be excluded.
Organisations are responsible for their administrators, membership decisions, user permissions, agent access and the notices and permissions required for their users. Verify recipient identities, instructions, payment details and approval authority independently. A verified cryptographic identity does not establish a person’s honesty, legal authority or the accuracy of their messages.
3. Licence and intellectual property
Subject to these terms, your order and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to use the Services for their intended purpose during your authorised term. You may not resell, sublicense or commercially provide access to others unless your agreement permits it. We and our licensors retain all rights in our software, website, documentation, designs and trademarks. No ownership transfers to you.
You must not remove proprietary notices, copy protected material beyond your licence, or reverse engineer software except where applicable law or an applicable open-source licence permits it. Open-source components are governed by their own licences, which prevail for those components. Public specifications and marketing materials do not grant rights to our trademarks or other protected assets.
If you voluntarily provide suggestions, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without payment or attribution. This permission does not transfer ownership of your content or authorise disclosure of your confidential information.
4. Acceptable use
You must not use the Services for unlawful activity, fraud, harassment, exploitation, threats, infringement of intellectual property or privacy rights, unsolicited bulk communications, malware, or unauthorised surveillance. You must not bypass access controls or usage limits, compromise keys or identities, interfere with other users, overload infrastructure, extract data without permission, or test security outside an expressly authorised scope.
You are responsible for applicable sanctions, export controls, licences and restrictions relevant to your use and must not use the Services where prohibited. Promptly report suspected vulnerabilities privately through our contact channel. We may investigate abuse using information lawfully available to us; this does not imply that we can decrypt protected content.
5. Your content and other participants
You retain your rights in content you submit. You grant us only the rights reasonably necessary to transmit, store, back up and otherwise process it to provide the Services under your instructions and agreement. You warrant that you have the rights and lawful basis needed to submit it and authorise its processing. This clause does not permit us to train general-purpose AI models on your private communications.
You are responsible for the legality, accuracy and appropriateness of your content and for any agreements or transactions made through the Services. We are not a party to those transactions and do not endorse user content. Recipients can retain, export or disclose information they receive. Removing a participant, deleting a message or changing permissions cannot recall copies already obtained.
6. Encryption, recovery and backups
End-to-end encryption protects supported content between authorised endpoints under the intended configuration. It does not guarantee anonymity, eliminate all metadata, protect compromised endpoints, prevent an authorised recipient from sharing content, or make a system immune to every present or future attack. Security descriptions refer to documented features and their stated limitations; they do not promise absolute or permanent security.
You are responsible for preserving keys, recovery secrets and independent backups appropriate to your needs, testing recovery, maintaining supported software and securing endpoints. We may be unable to recover encrypted content if keys or recovery secrets are lost. Do not assume that support staff can decrypt messages, restore deleted content or undo an agent’s action. Any backup, retention, recovery or service-level commitment must be expressly included in your agreement.
7. AI agents, integrations and automated actions
An authorised agent is a participant with access to the information permitted by its credentials and configuration. When you connect an AI provider, tool or integration, information may leave the encrypted conversation and be processed under that provider’s terms and privacy practices. You are responsible for selecting providers, securing their credentials, configuring permissions and obtaining required consents.
AI output may be inaccurate, incomplete, biased or misleading. Independently review output and require suitable human approval before financial, medical, legal, employment or other consequential decisions or external actions. Do not rely on agents as a substitute for qualified professional advice. You remain responsible for actions you authorise and for setting limits, monitoring and emergency controls. We do not guarantee third-party output or reverse completed actions.
Third-party products are supplied by their providers. We do not control their availability, security, pricing or changes and are not responsible for their acts or omissions except where applicable law makes us responsible. Additional charges and provider terms may apply.
8. Self-hosted and regulated deployments
For self-hosted deployments, you are responsible for infrastructure, access controls, patching, monitoring, backups, retention, incident response and regulatory compliance unless an agreement expressly assigns a task to us. Support and updates extend only to the scope and supported versions specified in your agreement. Your modifications and configurations may affect security, compatibility and support.
You must assess whether the Services and your deployment meet the legal and professional requirements of your intended use. Encryption, structured messages and identity verification do not themselves establish regulatory compliance, admissibility, a valid electronic signature, or legal execution of a transaction. The Services are not an emergency communications service and must not be relied on as the sole safeguard in life-critical or safety-critical systems without an express written agreement.
9. Fees, subscriptions and taxes
Prices, currency, billing frequency, usage allowances, term and any renewal mechanism are stated in your order or checkout. No automatic renewal applies unless disclosed and accepted there. You authorise the agreed charges through your chosen payment method. You are responsible for applicable taxes on your purchase, excluding taxes on our income, and for usage charges incurred within your authorised account.
Fees are non-refundable except where your agreement or mandatory law provides otherwise, or where these terms expressly provide a refund. Cancelling prevents future renewals according to the agreed cancellation deadline; it does not normally cancel charges already incurred. We may suspend services for overdue undisputed fees after notice and a reasonable opportunity to pay. Any interest or recovery costs must be stated in your order and permitted by law.
Price changes take effect at renewal or for new purchases after the notice required by your agreement and law. You may decline renewal before the change applies. Mandatory withdrawal, cancellation, refund and other consumer rights remain available.
10. Availability, changes and trials
We may maintain, update and improve the Services and impose reasonable technical or abuse-prevention limits. Unless an express service-level agreement states otherwise, we do not promise uninterrupted access, a particular response time or error-free operation. Networks, devices, maintenance, attacks and third-party dependencies may affect availability. Roadmaps, demonstrations and proposed features are not delivery commitments.
Trials, previews and beta features may change or be withdrawn, may contain defects and may lose data. Evaluate them with suitable safeguards and do not rely on them for production-critical purposes. No paid support or service-level commitment applies to them unless expressly agreed.
If we permanently discontinue a material paid service during a prepaid term for reasons other than your breach, we will give reasonable notice where practicable and refund unused prepaid fees for the discontinued service. This does not restrict remedies required by law.
11. Privacy and confidentiality
Personal information is handled under the applicable privacy notice, data processing agreement and law. These terms do not replace those documents or establish consent where a separate lawful basis is required. Organisations must provide appropriate notices to their users and determine lawful retention and processing instructions.
Each party must protect the other’s non-public information disclosed in connection with the Services with reasonable care and use it only to perform or exercise rights under the agreement. Disclosure is permitted to personnel and advisers who need to know and are bound by suitable duties, or where required by law. This duty does not apply to information independently developed, lawfully received without restriction, already lawfully known or public without breach. Trade secrets remain protected while they qualify as such.
12. Suspension and termination
We may restrict or suspend access where reasonably necessary to address a material breach, security risk, unlawful use, non-payment or a legal requirement. We will limit the action to what is reasonably needed and provide notice and an opportunity to remedy where practicable. Immediate action may be necessary where delay would create harm or violate law.
Either party may terminate for a material breach that remains uncured 30 days after written notice, or immediately where the breach cannot reasonably be cured. You may cancel or terminate as permitted by your order and mandatory law. We may terminate a free service on reasonable notice, or immediately for serious abuse. On termination, your licence ends and accrued payment obligations remain.
Export content and preserve recovery material before your access ends. Where lawful and technically feasible, we will provide a reasonable opportunity to retrieve accessible content, subject to your agreement. Retention and deletion follow applicable law, our privacy notice and any data processing agreement; we do not promise indefinite storage. Clauses intended to survive, including ownership, accrued fees, confidentiality, liability limits and dispute provisions, survive termination.
13. Warranties and disclaimers
To the fullest extent permitted by law, and except for express commitments in your agreement, the Services and website materials are provided “as is” and “as available”. We disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement to the extent lawful. We do not warrant that the Services will satisfy every requirement, detect every threat, preserve every item of data or produce accurate AI output.
Website material is general product information. It is not legal, medical, financial or other professional advice. These disclaimers do not override express contractual promises or mandatory statutory guarantees, and do not excuse fraud or liabilities that cannot lawfully be excluded.
14. Limits on liability
To the fullest extent permitted by law, neither we nor our licensors or suppliers are liable for indirect or consequential loss, loss of profit, revenue, anticipated savings, business opportunity or goodwill arising from the Services. For business customers, this exclusion also applies to loss of data and business interruption whether classified as direct or indirect. It applies only to the extent lawful and does not exclude mandatory remedies.
Subject to the exceptions below, our aggregate liability for all claims arising from or connected with the Services, whether in contract, tort (including negligence), statute or otherwise, will not exceed the fees you paid us for the affected Services during the 12 months immediately before the event first giving rise to liability. For Services provided entirely free of charge, that aggregate cap is USD 100 or its equivalent. Related events are treated as one event; the cap is aggregate and does not apply separately to each claim.
Nothing excludes or limits liability for fraud, fraudulent misrepresentation, wilful misconduct, death or personal injury caused by negligence, or any obligation or liability that applicable law prohibits excluding or limiting. For consumers, statutory rights and remedies, and liability that consumer law requires us to accept, prevail over any conflicting exclusion or cap. Each limitation applies only so far as it is lawful and enforceable.
15. Business customer indemnity
If you use the Services for business purposes, you must indemnify us and our personnel against third-party claims and reasonable damages, settlements and defence costs to the extent caused by your unlawful content, infringement of third-party rights, unlawful use of the Services, or material breach of the acceptable-use provisions. This duty does not cover loss caused by our breach, negligence or misconduct and does not apply to consumers.
We will promptly notify you of a claim, allow you to control its defence with competent counsel, and provide reasonable cooperation at your expense. You may not settle a claim in a way that admits fault by us, imposes a non-monetary obligation on us or fails to release us without our written consent. We may participate with our own counsel at our expense.
16. Events beyond reasonable control
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, government restrictions, widespread network outages or attacks that reasonable precautions could not prevent. The affected party must take reasonable steps to reduce the impact and resume performance. This clause does not excuse fees already due, ordinary operational failures, or obligations that law requires to continue. If a material paid service remains unavailable for more than 30 consecutive days under this clause, you may terminate that service and receive a refund of unused prepaid fees.
17. Governing law and disputes
The governing law and courts expressly identified in your signed agreement or accepted order apply to your service contract. Where none are specified, applicable law determines the governing law and competent courts. No jurisdiction is selected merely by viewing this website. Consumers retain the protections and access to courts that mandatory laws in their place of residence provide.
Before starting proceedings, either party may send written details of a dispute and seek a good-faith resolution for 30 days. This process does not prevent urgent protective relief, required reporting, or action needed to preserve a legal deadline. These terms do not impose mandatory arbitration or waive rights that cannot lawfully be waived.
18. Changes to these terms
We may update these terms prospectively. For existing service contracts, we will provide at least 30 days’ notice of material changes, unless a shorter period is reasonably necessary for legal or security reasons. Changes do not apply retroactively. Where law or the nature of the change requires affirmative acceptance, we will obtain it. If a material change disadvantages you during a prepaid term, you may terminate the affected service before it takes effect and receive unused prepaid fees. Otherwise the existing terms continue until renewal where required by law or your agreement.
The version accepted with your order or registration remains available on request. Merely posting an update does not itself establish acceptance by an existing customer.
19. General provisions
These terms and the documents expressly incorporated into your agreement form the entire agreement concerning their subject matter, without excluding liability for fraud. If a provision is unenforceable, the remaining provisions continue so far as lawful. A failure or delay to enforce a right does not waive it. Neither party may bind the other as an agent, partner or joint venture.
You may not assign your service agreement without our written consent, except where law permits. We may assign it in connection with a merger, reorganisation or sale of the relevant business, provided your contractual rights and applicable data protection obligations are preserved. No assignment removes consumer rights. Third parties have no enforcement rights under these terms except where applicable law or an express agreement provides otherwise.
The English text is the reference version. A translation does not reduce mandatory local-language or consumer protections. Notices must be sent through the contact method in your agreement or to the published website contact, clearly identifying the account and subject. Do not include private keys, passwords or recovery secrets.
Contact
For questions or legal notices, use the contact details in your agreement or email hello@elementary.mu, the website’s general contact. Identify your organisation and the subject of your enquiry.