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Terms of Service

Last updated: March 1, 2026

1. Acceptance of Terms

By using the Touch? application ("App"), operated by touch irl, LLC ("Company", "we", "us"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the service. Continued use after updates constitutes acceptance of changes.

2. Description of Service

Touch? is a proximity-based social connection platform that records in-person encounters between people using proximity technology (ultrasonic sound, QR codes, and numeric codes). The service includes:

3. Minimum Age and Access Restriction

IMPORTANT: Touch? is intended exclusively for users aged 18 and older.

3.1. Age restriction: Use of Touch? is strictly prohibited for anyone under 18 (eighteen) years of age. By creating an account, you represent and warrant that you are at least 18 years old.

3.2. Verification: The App collects your date of birth during registration and automatically verifies whether you meet the minimum age requirement. Accounts created with false age information will be terminated immediately.

3.3. Parental responsibility: If we become aware that a user under 18 is using the App, the account will be immediately suspended and all associated data will be deleted within 72 hours, in compliance with COPPA (USA), applicable state laws, and other child protection regulations.

3.4. Reporting: Any user who suspects that another user is underage should report it immediately through the App's reporting system or via email at safety@touchirl.com.

3.5. Legal basis: This restriction exists because Touch? enables anonymous connections between strangers, includes private messaging, collects biometric data (facial verification), location data, and ultrasonic audio -- features that present elevated risk to minors under COPPA (USA), state privacy laws including CCPA/CPRA (California), and applicable regulations.

4. Registration and Account

4.1. To use the App, you must create an account via Google Sign-In or email. You must provide truthful information during registration, including your actual date of birth.

4.2. You are responsible for the security of your account and all activities conducted through it.

4.3. Creating multiple accounts, sharing credentials, or allowing third parties to use your account is prohibited.

4.4. Falsifying your date of birth to circumvent the age restriction constitutes a serious violation of these Terms and may result in permanent ban.

5. Privacy and Personal Data

5.1. The processing of your personal data is governed by our Privacy Policy, which is an integral part of these Terms.

5.2. By using the App, you consent to the collection and processing of data as described in the Privacy Policy, including:

5.3. Your data is stored on servers in the United States (Firebase/Google Cloud and Render.com).

6. Anonymity and Reveal

6.1. Touch? operates on an anonymity-first basis. You are identified only by your nickname and color during the first 24 hours of a connection.

6.2. Revealing your identity (real name, Instagram, phone, email) is a voluntary and irreversible act within each connection.

6.3. You are solely responsible for the decision to reveal your personal data to other users.

7. Virtual Economy

7.1. Touch? features a virtual economy system including stars and digital gifts.

7.2. Virtual items have no monetary value, cannot be exchanged for real money, transferred between accounts, or resold.

7.3. We reserve the right to modify, add, or remove virtual items at any time.

7.4. Virtual items will not be refunded upon account termination.

8. Payments, Subscriptions, and Tips

8.1. Payments are processed by Stripe. Processing fees may apply.

8.2. Subscriptions: Renew automatically until canceled. You may cancel at any time; premium access remains until the end of the paid period.

8.3. Tips: Are voluntary payments to event operators and service providers, processed via payment gateway. Touch? charges a commission as agreed with each operator via Stripe Connect.

8.4. Refunds: Confirmed tips are non-refundable. Subscriptions may be proportionally refunded if requested within the first 7 days. Event entry follows the operator's policy.

9. Event Operators

9.1. Operators using Touch? at their venues are independent commercial partners, not employees or representatives of touch irl, LLC.

9.2. The operator is fully responsible for: compliance with local laws at their venue, safety of event participants, age verification of in-person attendees, and informing visitors about the digital check-in system.

9.3. Touch? provides technological tools; the operator is responsible for appropriate use in their environment.

10. User Conduct

By using Touch?, you agree not to:

11. Personal Safety

11.1. Touch? facilitates connections between people who are physically nearby. You are responsible for your own safety when interacting with other users.

11.2. Touch? does not conduct background checks on users and does not guarantee any user's identity, intentions, or behavior.

11.3. We recommend that in-person interactions take place in public, safe locations.

12. Limitation of Liability

12.1. Touch? is provided "as is" and "as available," without warranties of any kind, express or implied.

12.2. touch irl, LLC shall not be liable for: interactions between users inside or outside the App, direct or indirect damages arising from use of the service, data loss, lost profits, service interruptions, or acts of third parties (including event operators).

12.3. To the maximum extent permitted by applicable law, our total liability shall not exceed the amount paid by you to Touch? in the 12 months preceding the event giving rise to the claim.

13. Suspension and Termination

13.1. We reserve the right to suspend or terminate accounts that violate these Terms, without prior notice.

13.2. You may terminate your account at any time through the App's settings or by requesting via email.

13.3. After termination, your data will be handled in accordance with the Privacy Policy and applicable law.

14. Intellectual Property

14.1. Touch?, including its brand, logo, design, source code, algorithms, and original content, is the property of touch irl, LLC.

14.2. Use of the App does not grant any intellectual property rights over the service.

14.3. User-created content (messages, photos) remains the property of the user, but you grant Touch? a limited license to display such content within the platform.

15. Governing Law and Jurisdiction

15.1. These Terms are governed by the laws of the State of Delaware, USA.

15.2. Any dispute arising from these Terms shall be resolved by binding arbitration in the State of Delaware, except where prohibited by law.

15.3. For users in jurisdictions that provide mandatory consumer protection that supersedes Delaware law, such local provisions shall apply.

16. Changes to Terms

These Terms may be updated periodically. Significant changes will be communicated within the App at least 15 days in advance. Continued use after the notice period constitutes acceptance of the new Terms.

17. Contact

Questions about these Terms?

Touch? -- touch irl, LLC. All rights reserved.