Terms of Service

Effective date: September 07, 2021

These Terms of Service (“Terms”) govern your use of our website, products and services (the “Site”). Please read these terms carefully. By accessing our site and using our services, you agree to be bound by these terms and by our privacy policy. If you have questions on any of the terms listed below please email us at info@touchbud.com.

1. What is TOUCHBUD?

TOUCHBUD is a digital signage platform allowing registered users to manage and publish their content files on connected player devices. A player device can be a professional public signage display with embedded players, an android box shown on a PC screen or display or a tablet or smartphone. Each player is connected with our servers and gets assigned to the user.

2. Who Can Use TOUCHBUD

You may access this site only if you can form a binding contract with FEEDEX GmbH or one of its partner companies and if you agree to these terms. Any use of our site, products or services by children under the age of 18 is prohibited.

3. Creating an Account

In order to use our services we create a TOUCHBUD user account, which will allow you to login to the site and gain access to additional features such as creating playlists, add items and connecting new player devices.

We therefore store personal information including your name, email address, company, postal address, phone number, preferred language and password linked with your account. A registered user is able to access its own media library. Only one registrant may use each account. Sharing of accounts is not permitted and constitutes a breach of these terms. Please contact us if you anticipate multiple users accessing a single media library.

4. Account Security

You must provide us with accurate and complete information at the time of registration. Failure to do so may constitute a breach of these terms, which could result in the termination of your account. You can update, modify, or delete the information in your account at any time. It is your responsibility to maintain your account and keep it secure. If you feel that your account security or password has been compromised please contact us immediately.

5. Demo Account

You can try out TOUCHBUD for 15 days. If you would like to have a demo account, please feel free to contact us to discuss the possibilities. We may use and store your personal information provided during registration for marketing campaigns by us or affiliated companies.

6. Payment

TOUCHBUD’s services are billed by us or our partners on a yearly or quarterly runtime period upfront, if not otherwise defined. If no cancelation request is received within your current service period, the service license(s) will automatically be extended for another period automatically. TOUCHBUD and its partners will not issue refunds for services provided.

Your monthly license fee depends on a number of factors, such as your activated devices, your monthly data transfer and your stored data saved in our storage system for actual and future use. You may find the prices under your profile.

Configuration, customization, additional development, delivery and installation service or support are not included in the monthly license fee.

Please let us know if you have any questions regarding these fees via info@touchbud.com.

7. Acceptable Usage of TOUCHBUD

When using the site you agree:

• Your use is for your own company only, and you will not resell, repurpose, or otherwise integrate data from our site into another computer program, software, or other medium for commercial purposes.
• Not to use our site in a way that creates a risk of harm, injury, emotional distress, death, disability, or physical or mental illness to any person or entity;
• Not to use our site in a way that infringes on the trademarks, copyright, or intellectual property rights of TOUCHBUD, or any other person or entity;
• Not to access, tamper with, hack, or use non-public areas of our site or computer systems, including taking any measures to avoid, bypass, remove, deactivate, impair, or otherwise circumvent any technological measure implemented by TOUCHBUD to protect our site;
• Not to access, scrape, upload, or download user content through the use of any engine, software, tool, agent, device, mechanism, automated scripts, spiders, robots, crawlers, data mining tools, or any other software;
• Not to decompile, disassemble or reverse engineer any of our software or site;
• Not to interfere with, or attempt to interfere with, the access of any user, host or network, including, but not limited to, sending a virus, overloading, flooding, or spamming;
• Not to collect or store any personally identifiable information from our site or from other users without express permission;
• Not to upload any user content that contains any information that is illegal, fraudulent, false, misleading, deceptive, disparaging, offensive, or otherwise objectionable;
• Not to violate our terms or any other applicable law or regulation, and not to encourage or enable any other individual to violate our terms or to do any of the activities prohibited in these terms.

8. User Content

You acknowledge that: (i) you own and are solely responsible for any content that you submit, post, or transmit (ii) that the content is accurate and consistent with the purpose of the site (iii) that use of the content you supply does not violate these terms, (iv) that the content will not cause injury to any person or entity, and (v) that you will indemnify FEEDEX GmbH and its affiliates for all claims resulting from content you supply. You further grant FEEDEX GmbH a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, and display your user content for the purposes of providing our services.

9. Our License to You

FEEDEX GmbH grants you a limited, non-exclusive, non-transferable, revocable license to use our site in accordance with these terms and our privacy policy for the licensed number of connected concurrent player devices.

We may permanently or temporarily terminate or suspend a user without notice for any reason, including if, in our sole determination, you violate any provision of these terms.

10. Privacy Policy

For information about our policies and practices regarding the collection and use of your personal information please read our privacy policy. Our privacy policy is part of these Terms, therefore, by using our Site or services you also agree to our privacy policy.

11. Intellectual Property

TOUCHBUD is a trademark of FEEDEX GmbH. You may use our trademark to identify our products and services so long as your use of our trademark complies with these terms and you agree not to use our trademark in any manner that infringes upon the intellectual property rights of TOUCHBUD.

The content on this site is copyrighted and protected by international copyright laws and treaty provisions. You may access, download and print materials on this site solely for your personal and non-commercial use. No right, title or interest in any of the materials contained on this site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site, create derivative works from, use on any other website, transfer or sell any information obtained from this site without the prior written permission of TOUCHBUD.

12. Trademark Infringement Policy

TOUCHBUD respects the trademarks of others and we will investigate any notice of alleged trademark infringement that is properly provided to us. If you believe that your trademark has been used or displayed in a way that constitutes trademark infringement, please contact us with “Trademark Infringement” in the subject line and provide us with the following information:

• A physical or electronic signature of the trademark owner or a person authorized to act on their behalf;
• Identification of the trademark claimed to have been infringed;
• Identification of the material that is claimed to be infringing and that is to be removed, and information reasonably sufficient to permit us to locate the material;
• Your contact information, including your name, address, telephone number, and an email address;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the trademark owner.

13. Copyright Infringement Policy

TOUCHBUD respects the copyright of others and we will investigate any notice of alleged copyright infringement that is properly provided to us. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, please contact with “DMCA Takedown Request” in the subject line and provide us with the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and that is to be removed, and information reasonably sufficient to permit us to locate the material;
• Your contact information, including your name, address, telephone number, and an email address;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

14. Third-Party Links, Websites and Services

Our site may contain links to third-party websites. We do not assume responsibility for these or other third-party websites not owned or controlled by TOUCHBUD and their own respective terms of use may apply. If you access any third-party website, service, or other content from this site, you do so at your own risk.

15. Disclaimers

TOUCHBUD specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. Our site is provided on an “as is” basis without warranty of any kind, whether express or implied.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOUCHBUD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED EUROS (100.00 €).

17. Indemnity

You agree to indemnify and hold harmless TOUCHBUD and its officers, directors, employees and agents, from and against any claims, lawsuits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees including costs of defense of claims, suits or proceedings brought by third parties, in any way related to (i) your access to or use of our site, (ii) your user content, or (iii) your breach of any of these terms.

18. Governing Law and Jurisdiction

Hungarian law shall be applicable for all legal relations of the parties. The court of jurisdiction is situated in Budapest, Hungary.

19. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim arising out of your use of our site or these terms must be filed within one (1) year after such claim arose.

20. Notification of Changes

TOUCHBUD reserves the right to change these terms from time to time at its sole discretion. If changes are made to these terms, your continued use of the site indicates your consent to the terms as posted.

21. Contact Information

If you have any questions regarding these terms please email: info@touchbud.com.

General Terms And Conditions

Effective date: September 07, 2021

1. APPLICATION

The following general terms and conditions (“GTC” for short) apply to all sales contracts between FEEDEX GmbH and a consumer or entrepreneur (“contractual partner” for short) in the version valid at the time of the order.

2. ACCEPTANCE AND CANCELLATION OF ORDERS

Non-standard products are products that are special orders, customized orders, non-standard product orders, products that are not commonly stocked, or value-added product orders. Non-standard products are non-cancellable and non-refundable. In the event of cancellation or withdrawal from an order for any reason (without limiting any other damages you may be entitled to as a result of the cancellation or withdrawal), reasonable cancellation or withdrawal costs will include all costs and liabilities incurred here.

3. PRICES

The prices specified by us apply, to the period specified by us in the offer. For orders with an order value of more than EUR 1,000, the customer must pay a deposit of 40% of the order value (gross including VAT) before starting development. If no period is specified, the quoted prices are for fourteen (14) days.

4. PAYMENT TERMS

All payments must be made in the currency billed on the original invoice.

Invoices unpaid when due will be subject to interest payments up to the payment date at the rate of eighteen (18%) per annum or such lower rate as the maximum rate permitted by law.

5. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, including (but not limited to) loss of profits or sales, recall costs, claims for business interruption or failure caused by non-delivery, testing, installation costs, replacement product costs, property damage, personal injury, death or legal costs.

6. STATEMENTS AND RECOMMENDATIONS

If a customer is offered or given explanations or recommendations of a technical or other nature, these shall be deemed to be accommodating to the customer and shall be free of charge. We accept no responsibility or liability for the content of any such statement or recommendation.

7. INTELLECTUAL PROPERTY

If an order includes software or other intellectual property, the software or other intellectual property is made available by us to customer under the copyright and user license terms of which are set out in the license agreement for such software or other intellectual property. Nothing contained herein conveys any right or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by the license agreement.

8. RIGHT OF WITHDRAWAL

Any serious breach of contract by the customer entitles us to withdraw from contracts that have not yet been fulfilled or have not yet been fully fulfilled. In particular, we are entitled to withdraw from the contract for the following reasons:

• Force majeure
• Default of payment by the customer or information that indicates an insolvency of the customer
• The customer seeks an out-of-court settlement with his creditors
• Opening of insolvency proceedings over the customer’s assets
• Bankruptcy filing dismissed for lack of cost-covering assets
• Compliance with the agreed delivery period becomes impossible or unreasonable due to unforeseeable circumstances, in particular because the customer does not provide the material or data required for the development in a timely or proper manner

9. WARRANTY

The customer must report any defects immediately, in any case within eight days after delivery/service by the agency, hidden defects within eight days of recognizing them, in writing with a description of the defect; otherwise the service is deemed to have been approved. In this case, the assertion of warranty and damage claims as well as the right to contest errors due to defects is excluded.

In the event of a justified and timely notice of defects, the customer has the right to have the delivery/service improved or adapted by the agency. The agency will rectify the defects within a reasonable period of time, whereby the customer enables the agency to take all measures necessary for the investigation and rectification of defects. The agency is entitled to refuse to improve the service if this is impossible or involves a disproportionate amount of effort for the agency. In this case, the customer is entitled to the statutory conversion or reduction rights.