Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between TOUCHFREE IoT Solutions ("we," "us," "our," or "Company") and you ("Customer," "you," or "your") regarding your access to and use of the TOUCHFREE™ Industrial Internet of Things (IIoT) platform, including all related websites, applications, services, and tools (collectively, the "Services").

By accessing, registering for, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

2. Definitions

3. Description of Services

TOUCHFREE™ provides a single-tenant Industrial IoT platform that enables industrial monitoring, data collection, analytics, and integration. The Services include:

• Cloud-based hosting and infrastructure
• Node connectivity and data ingestion
• Real-time monitoring and dashboards
• Data storage and analytics
• Integration capabilities (as per your package)
• Support services (as per your package)
• Backup services (as per your package)

The specific features, capabilities, and limitations of the Services are determined by your selected package (Bronze, Silver, Gold, or Platinum) as described on our website and in your service agreement.

4. Account Registration

4.1 Account Creation

To access the Services, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2 Account Security

You agree to:

• Keep your password secure and confidential
• Not permit others to use your account
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account

4.3 Account Information

You must provide and maintain accurate contact information, including email address and phone number. We may send important notices to the email address associated with your account.

5. Service Packages and Pricing

We offer four service packages with varying features and pricing:

All prices are in Sri Lankan Rupees (LKR) and exclude applicable taxes, duties, and government levies.

6. Payment Terms

6.1 Payment Schedule

• Initial Payment: Due upon signing of the service agreement, before Service Start Date
• Monthly Payments: Recurring payments are due on the same date each month
• Add-on Services: Additional charges apply for extra nodes, custom integrations, or additional services beyond your package limits

6.2 Late Payments

If payment is not received within 15 days of the due date:

• We may charge a late fee of 1.5% per month or the maximum allowed by law
• We may suspend Services until payment is received
• Accounts more than 30 days overdue may be terminated

6.3 Price Changes

We may change our prices with 60 days advance written notice. Price changes will not apply to your current subscription period but will take effect at the beginning of the next renewal period.

6.4 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes, including VAT, sales tax, or similar charges.

7. Service Levels and Support

7.1 Service Level Agreement (SLA)

Our Services come with specific uptime guarantees as outlined in our separate Service Level Agreement. Service credits may be available if we fail to meet these commitments.

7.2 Support Levels

7.3 Scheduled Maintenance

We will provide at least 48 hours notice for scheduled maintenance. Maintenance typically occurs during off-peak hours (10 PM - 4 AM Sri Lanka Time).

8. Data Security and Privacy

8.1 Security Measures

We implement industry-standard security measures to protect Customer Data, including:

• Encryption of data in transit and at rest
• Regular security audits and vulnerability assessments
• Access controls and authentication mechanisms
• Network security and firewalls

8.2 Data Privacy

Our collection and use of personal data is governed by our Privacy Policy. By using the Services, you consent to our data practices as described in the Privacy Policy.

8.3 Data Breach Notification

In the event of a data breach affecting your data, we will notify you within 72 hours of becoming aware of the breach, in accordance with applicable laws.

9. Intellectual Property Rights

9.1 Our Intellectual Property

We retain all right, title, and interest in and to the Services, including all software, technology, designs, trademarks, and documentation. Nothing in these Terms grants you any rights to our intellectual property beyond the limited license to use the Services.

9.2 Your Intellectual Property

You retain all right, title, and interest in and to your Customer Data. You grant us a limited license to use, process, and store your Customer Data solely for the purpose of providing the Services to you.

9.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Services may be used by us without any obligation to you.

10. Acceptable Use Policy

You agree not to, and not to allow others to:

10.1 Prohibited Activities

• Use the Services for any illegal purpose or in violation of any laws
• Infringe upon any intellectual property rights
• Transmit any viruses, malware, or harmful code
• Attempt to gain unauthorized access to the Services or related systems
• Interfere with or disrupt the integrity or performance of the Services
• Use the Services to harass, abuse, or harm others
• Exceed the node limits of your package without authorization

10.2 Compliance with Laws

You are responsible for complying with all applicable laws and regulations in your use of the Services, including data protection, export control, and industry-specific regulations.

10.3 Monitoring and Enforcement

We reserve the right to investigate violations of this Acceptable Use Policy and may take appropriate action, including suspending or terminating your access to the Services.

11. Data Ownership and Processing

11.1 Ownership of Customer Data

You retain all rights, title, and interest in and to your Customer Data. We claim no ownership rights over your Customer Data.

11.2 License to Use Customer Data

You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and display your Customer Data solely for the purpose of providing the Services to you.

11.3 Data Processing Agreement

For customers subject to data protection regulations (such as GDPR), we will enter into a Data Processing Agreement (DPA) upon request.

11.4 Data Export

Upon termination, we will provide you with a copy of your Customer Data in a standard format upon request, subject to applicable fees.

12. Confidentiality

12.1 Confidential Information

"Confidential Information" means all non-public information disclosed by either party to the other, including business plans, technical information, and Customer Data.

12.2 Obligations

Each party agrees to:

• Protect Confidential Information with reasonable care
• Not disclose Confidential Information to third parties without consent
• Use Confidential Information only for purposes of this Agreement

12.3 Exceptions

Confidentiality obligations do not apply to information that is or becomes publicly available, independently developed, or required to be disclosed by law.

13. Warranties and Disclaimers

13.1 Service Warranty

We warrant that the Services will perform materially in accordance with the documentation provided. This is your sole and exclusive remedy for breach of this warranty.

13.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

13.3 Third-Party Services

We are not responsible for third-party services, software, or hardware that you use with our Services.

14. Limitation of Liability

14.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.

14.2 Limitation of Liability

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

14.3 Exceptions

These limitations do not apply to liability for death or personal injury, fraud, gross negligence, or any liability that cannot be limited or excluded by law.

15. Indemnification

15.1 Your Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, damages, or losses arising from your use of the Services in violation of these Terms or applicable laws.

15.2 Our Indemnification

We will indemnify you against any claim that the Services infringe a third party's intellectual property rights, subject to certain conditions and limitations.

16. Termination

16.1 Termination for Convenience

Either party may terminate this Agreement with 30 days written notice. No refunds will be provided for partial months of service.

16.2 Termination for Cause

Either party may terminate this Agreement immediately if the other party breaches a material term and fails to cure the breach within 30 days of notice.

16.3 Effect of Termination

Upon termination:

• Your right to access and use the Services will immediately cease
• You must pay all outstanding fees
• We will provide you with access to your Customer Data for 30 days following termination
• We may delete your Customer Data after 30 days following termination

17. Suspension of Services

We may suspend your access to the Services immediately without notice if:

• We reasonably suspect unauthorized or illegal activity
• There is a security risk to the Services
• Your use poses a risk to other customers
• Required by law or governmental authority

We will notify you of any suspension and work with you to resolve the issue promptly.

18. Dispute Resolution

18.1 Negotiation

The parties agree to attempt to resolve any dispute through good faith negotiation for at least 30 days before initiating any formal proceedings.

18.2 Mediation

If negotiation fails, the parties agree to attempt mediation through a mutually agreed mediator before resorting to litigation.

18.3 Arbitration

Any unresolved disputes shall be settled by binding arbitration in Kalutara, Sri Lanka, in accordance with the Arbitration Act of Sri Lanka.

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Sri Lanka, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the courts of Kalutara, Sri Lanka.

20. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

21. Changes to Terms

We may modify these Terms at any time. We will provide at least 30 days notice before any material changes take effect. By continuing to use the Services after the changes become effective, you agree to be bound by the revised Terms.

22. Miscellaneous Provisions

22.1 Entire Agreement

These Terms, together with any applicable SLA and Privacy Policy, constitute the entire agreement between you and us regarding the Services.

22.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

22.3 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to any affiliate or successor in interest.

22.4 No Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

22.5 Notices

Notices under these Terms shall be in writing and sent to the addresses provided during registration or as subsequently updated.

22.6 Relationship of Parties

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.

23. Contact Information

For questions about these Terms of Service, please contact us at: