Terms of Service
Version 1.1 – Effective 23 May 2025
1. PREAMBLE
SalesTouch is a sole proprietorship (“Entreprise Individuelle”) owned by Antoine Deschamps, whose registered office is located at 38 place Maria Callas, 34660 Cournonterral, France, and whose website is https://salestouch.io (hereafter “SalesTouch” or “we”). SalesTouch operates a cloud software platform (the “Platform” or “Service”) that enables business customers to scale one‑to‑one outbound prospecting using artificial‑intelligence–powered agents.
These Terms of Service (the “TOS”) set out the conditions under which the Service is made available and the respective rights and obligations of SalesTouch and any natural person acting for professional purposes who accesses or uses the Service (the “User” or “you”).
By creating an account or using any part of the Service, you acknowledge that you have read, understood, and unconditionally accept the TOS.
2. DEFINITIONS
- Subscription – The fee‑based plan that grants time‑limited access to the Service.
- Account – The personal space created by the User to access the Service.
- Content – Any information, data, file, text, graphic, or other element transmitted, generated, stored, published, or displayed through the Platform by the User.
- Data – Personal or non‑personal data belonging to the User and processed by SalesTouch in the context of the Service.
- User – Any natural person of legal age and capacity who acts on behalf of a business entity and uses the Service exclusively for professional purposes.
3. PURPOSE OF THE TOS
The TOS govern the provision and use of the Service. Any contrary or additional terms proposed by the User are rejected unless expressly accepted in writing by SalesTouch.
4. ACCEPTANCE OF THE TOS
Acceptance is effected by ticking the dedicated checkbox when creating an Account. Partial or conditional acceptance is null and void.
5. ACCESS TO THE SERVICE
SalesTouch uses commercially reasonable efforts to provide 24/7 access to the Service, excluding (i) force‑majeure events, (ii) unplanned outages, or (iii) scheduled or emergency maintenance. We shall not be liable for any unavailability of the Service.
6. REGISTRATION AND ACCOUNT SECURITY
Access to the Service requires an Account. You must provide accurate, complete, and up‑to‑date information and update it as necessary. You are solely responsible for keeping your login credentials confidential and for all activities carried out through your Account.
7. DESCRIPTION OF THE SERVICE
The Service includes, without limitation:
- Access to the SalesTouch SaaS interface;
- AI‑assisted data aggregation and personalized message generation;
- Integrations with third‑party tools (e.g., CRMs, email services, automation tools);
- Online technical support.
SalesTouch may freely improve or modify the functional scope of the Service, provided that Users are informed within a reasonable time.
8. FEES AND PAYMENT
The Service is supplied under a Subscription. Prices, duration, and billing frequency (monthly or yearly) are indicated on the Platform or in the commercial offer. Prices are exclusive of VAT and payable in euros. Late payments will automatically incur (i) statutory interest plus 10 percentage points and (ii) a fixed recovery fee of €40.
9. USER OBLIGATIONS
The User agrees to:
- Use the Service in compliance with all applicable laws and regulations, in particular rules governing direct marketing (GDPR, French e‑Privacy rules, etc.);
- Refrain from using the Service to process illegal, defamatory, discriminatory, hateful, or infringing content;
- Obtain and maintain all required authorisations (legal bases, consents) for processing personal data via the Service;
- Ensure the lawfulness and quality of the Data provided.
10. SALESTOUCH OBLIGATIONS
SalesTouch undertakes to:
- Provide the Service with due skill and care;
- Implement appropriate technical and organisational security measures to protect Data;
- Limit Data access to authorised personnel only;
- Notify the User of any personal‑data breach within 72 hours of becoming aware of it.
11. INTELLECTUAL PROPERTY
SalesTouch retains all intellectual‑property rights in the Platform, software, databases, APIs, trade names, and logos. No rights are assigned to the User under the TOS.
The User remains the owner of the Content transmitted or generated via the Platform and grants SalesTouch a non‑exclusive licence for the duration of the TOS to host, store, copy, and process such Content solely to operate the Service.
12. PERSONAL DATA
SalesTouch acts as processor within the meaning of Regulation (EU) 2016/679 (GDPR) when processing personal data on behalf of the User. Details are provided in the Data Processing Agreement ("DPA") annexed hereto.
SalesTouch may rely on sub‑processors that offer adequate safeguards and are listed in an annex. The User will be notified at least 30 days before any material change to this list.
13. CONFIDENTIALITY
Each party shall keep confidential all information of the other party obtained in connection with the TOS and use it solely for the performance of the TOS, unless otherwise agreed in writing.
14. LIABILITY
SalesTouch is subject to a best‑efforts obligation. Our aggregate liability for any damages shall not exceed the total Subscription fees paid by the User during the twelve (12) months preceding the event giving rise to liability.
SalesTouch shall under no circumstances be liable for indirect damages, loss of profit, loss of business, loss of data, or any commercial prejudice suffered by the User.
15. FORCE MAJEURE
Neither party shall be liable for any failure or delay in the performance of its obligations caused by an event of force majeure as defined by Article 1218 of the French Civil Code and applicable case law.
16. DATA PORTABILITY AND REVERSIBILITY
Pursuant to the French SREN Act of 21 May 2024 and the forthcoming EU Data Act (Regulation (EU) 2023/2854), the User may retrieve, at any time and free of charge, all Data in a structured, commonly used, machine‑readable format for transfer to another provider. SalesTouch shall provide reasonable assistance in that process.
17. DIGITAL SERVICES ACT COMPLIANCE
Where the Service enables the dissemination of user‑generated Content, SalesTouch acts as a hosting service provider within the meaning of Regulation (EU) 2022/2065 (Digital Services Act) and maintains:
- A point of contact for notices of illegal content;
- Procedures for the expeditious removal of manifestly illegal content;
- Annual transparency reports on content moderation.
18. AMENDMENTS TO THE TOS
SalesTouch may amend the TOS at any time to reflect legal, jurisprudential, technical, or functional developments. Users will be notified by any appropriate written means at least fifteen (15) days before entry into force. Continued use of the Service after that date constitutes acceptance of the new TOS.
19. TERM AND TERMINATION
The TOS take effect upon acceptance and remain in force for the duration of the Subscription. Either party may terminate the TOS:
- For material breach by the other party not cured within thirty (30) days of written notice;
- At any time by the User via its Account, effective at the end of the then‑current Subscription period.
In case of termination, amounts due for the current period remain payable.
20. MISCELLANEOUS
If any provision of the TOS is held invalid or unenforceable, it shall be deemed ineffective without affecting the remaining provisions. Failure by a party to enforce any right shall not constitute a waiver thereof.
21. GOVERNING LAW – JURISDICTION
The TOS are governed by French law. Any dispute relating to their interpretation, validity, or performance shall be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, even in summary proceedings, warranty claims, or multiple defendants.
22. CONTACT
For any questions regarding the Service or the TOS, please contact antoine@salestouch.io.
