Terms of Use

By accessing and using the QTouch marketplace platform (the "Service"), you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, you may not access or use the Service. QTouch reserves the right to modify these terms at any time, and your continued use of the Service following any modifications constitutes your acceptance of the updated terms. We recommend reviewing these terms periodically to remain informed of any changes.

QTouch is a comprehensive digital marketplace platform that connects venues, brands, and consumers in real-time. Our Service facilitates the creation and execution of location-based marketing campaigns, WiFi portal integrations, customer engagement experiences, and loyalty program management. The platform leverages WiFi networks, digital screens, mobile applications, and data analytics to enable venues to monetize their spaces and brands to reach targeted audiences at optimal customer touchpoints. QTouch provides tools for venues to manage their online presence, deliver personalized consumer experiences, and gain insights from customer interactions.

The Service encompasses multiple modules including WiFi Management Systems, Advertising Networks, Analytics Dashboards, Loyalty Programs, and Consumer Mobile Applications. Each module operates within these Terms and is subject to specific usage policies communicated through our platform documentation and user interfaces.

To access certain features of the QTouch Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and are solely responsible for all activities that occur under your account. You agree to notify QTouch immediately of any unauthorized use of your account. QTouch reserves the right to suspend or terminate accounts that contain false or misleading information, or that violate these Terms.

Venue partners ("Venues") agree to comply with all applicable laws and regulations when using QTouch. Venues must provide accurate information about their location, capacity, services, and operational hours. Venues grant QTouch the right to display their venue information, images, and marketing materials on the platform. Venues are responsible for managing their WiFi portal integrations, maintaining compliance with network security standards, and ensuring customer data is handled in accordance with all privacy laws.

Venues may host brand campaigns, loyalty programs, and consumer engagement experiences within their physical locations through the QTouch network. Venues maintain control over which campaigns are displayed at their location and must approve all content in advance. Venues receive analytics reports showing consumer interactions, engagement metrics, and campaign performance within their venue. Revenue sharing arrangements between Venues and QTouch are detailed in separate commercial agreements and Service Level Agreements (SLAs).

Brand partners ("Brands") use QTouch to create and manage marketing campaigns targeting specific venue types, consumer demographics, and locations. Brands agree that all advertising content, promotional materials, and campaign creative must comply with all applicable advertising laws, intellectual property rights, and industry standards. Brands warrant that they have all necessary rights to use the content they submit and that such content does not infringe on third-party rights or violate any applicable laws.

Brands can access detailed campaign analytics, consumer engagement data, and performance metrics through their dashboard. QTouch collects, aggregates, and analyzes consumer interaction data from the marketplace. Brands acknowledge that they may use this data for insights and reporting within the scope of their campaigns, subject to privacy regulations and QTouch's data usage policies. Brands agree not to attempt to re-identify, track, or contact individual consumers outside of the QTouch platform without explicit consumer consent.

Consumers access QTouch services primarily through WiFi portals at venues, loyalty programs, and mobile applications. Consumers are not required to provide personal information to access basic WiFi services at venues. However, to participate in brand campaigns, loyalty programs, and personalized experiences, consumers may be asked to provide certain information such as email address, preferences, and consent for targeted communications. Consumers have the right to opt-out of campaigns and to manage their privacy preferences at any time through QTouch's consumer portal.

Consumers acknowledge that by connecting to WiFi networks and accessing QTouch services, their interaction data (such as time spent, pages viewed, and offers engaged with) may be collected and analyzed. Consumers consent to receiving offers and communications from brands participating in QTouch campaigns when they opt into loyalty programs or provide email consent. Consumers agree not to engage in any fraudulent activity, multiple account creation, or misrepresentation of identity. QTouch reserves the right to suspend or terminate consumer access for violation of these terms.

The QTouch platform, including all software, code, interfaces, graphics, designs, and proprietary features, is the exclusive intellectual property of QTouch AI or its licensors. Users are granted a limited, non-exclusive, non-transferable license to access and use the Service for their intended purposes. Users may not reproduce, modify, distribute, transmit, or create derivative works of the Service or any QTouch intellectual property without explicit written permission.

User-submitted content (such as venue descriptions, brand campaign materials, and consumer feedback) remains the intellectual property of the submitting user. By submitting content to QTouch, users grant QTouch a worldwide, royalty-free, perpetual license to use, display, and distribute such content for the purposes of operating and improving the Service. QTouch respects all third-party intellectual property rights and expects users to do the same.

Users agree not to engage in any of the following prohibited conduct: (a) violating any applicable laws or regulations; (b) infringing on intellectual property or privacy rights of others; (c) transmitting malware, viruses, or harmful code; (d) attempting to gain unauthorized access to QTouch systems; (e) disrupting the normal operation of the platform; (f) harassing, threatening, or abusing other users; (g) engaging in fraud, deception, or misrepresentation; (h) spamming or sending unsolicited communications; (i) scraping or automated data collection from the platform without authorization; or (j) using the Service for illegal purposes.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QTOUCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, EVEN IF QTOUCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL QTOUCH'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY THE USER IN THE 12 MONTHS PRECEDING THE CLAIM. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability, so these limitations may not apply to all users.

Users may terminate their account at any time by contacting QTouch support or through their account settings. QTouch may suspend or terminate any account at any time, with or without cause, and with or without notice, if QTouch determines that the user has violated these Terms, engaged in prohibited conduct, or for any other reason in QTouch's sole discretion. Upon termination, users' rights to access the Service immediately cease. QTouch may retain user data as required by law or for legitimate business purposes.

These Terms of Use are governed by and construed in accordance with the laws of France, without regard to its conflict of law principles. Any legal action or proceeding relating to these Terms shall be resolved in the competent courts of France. Users agree to submit to the exclusive jurisdiction of these courts and waive any objections based on inconvenient forum.

For questions about these Terms of Use, concerns regarding account security, or other legal matters, please contact QTouch at:

Email: legal@qtouch.ai

By using the QTouch platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use in their entirety.