1. Acceptance of terms
These Terms of Service (the “Terms”) are a legal agreement between you and Touch Shorts (“Touch Shorts”, “we”, “us” or “our”) governing your access to and use of the Touch Shorts mobile application and the website at touchshorts.com, including any content, features and services offered through them (together, the “Service”).
By downloading, accessing or using the Service, or by creating an account, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.
2. Eligibility
You must be at least 13 years old — or the minimum age required by the law of your country, if higher — to use the Service. If you are under the age of legal majority where you live, you may use the Service only with the involvement and consent of a parent or legal guardian who agrees to these Terms on your behalf.
You represent that you are not barred from using the Service under any applicable law, and that you are not located in a country subject to comprehensive trade sanctions or listed on any applicable restricted-party list.
3. Your account
Some features of the Service require an account. When you create one, you agree to:
- Provide accurate, current and complete information, and keep it up to date;
- Maintain the confidentiality and security of your credentials and device access;
- Not share, sell, transfer or sublicense your account or credentials to anyone else;
- Accept responsibility for all activity that occurs under your account; and
- Notify us promptly at [email protected] if you become aware of any unauthorised use or security breach.
We may suspend or terminate accounts as described in Section 14.
4. Subscriptions, free trials and payments
4.1 Billing
Certain content or features may require a paid subscription. Subscription fees are billed in advance through the app store or payment provider you used to subscribe, at the price and interval shown to you at the time of purchase. Taxes may apply depending on your location.
4.2 Automatic renewal
Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. Your account or app store account will be charged for the next period within 24 hours before the current period ends.
4.3 Cancellation
You can cancel at any time through your app store subscription settings or, where available, your Touch Shorts account settings. Cancellation stops future charges; it does not retroactively refund the current period. You retain access to subscription content until the end of the period you have already paid for.
4.4 Free trials and promotional offers
We may offer free trials or promotional pricing. Eligibility is determined by us and may be limited to new subscribers or a single use per person. Unless you cancel before the trial ends, the trial will convert into a paid subscription at the price disclosed when you started it.
4.5 Refunds
Except where required by applicable law, purchases are non-refundable and we do not provide refunds or credits for partially used periods. Where you purchased through an app store, refund requests are handled by that store under its own policies, and you must direct your request to them. Nothing in these Terms limits any statutory consumer rights you may have.
4.6 Price changes
We may change subscription prices. Where required, we will give you reasonable advance notice — at least 30 days where practicable — and the change will apply from your next billing period after the notice. If you do not agree, you may cancel before the change takes effect.
5. Licence to use the service
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the Service on devices you own or control, solely for your own personal, non-commercial entertainment.
You may not: copy, modify, adapt, translate or create derivative works from the Service; reverse engineer, decompile or disassemble it, except to the extent permitted by applicable law; rent, lease, lend, sell, redistribute or sublicense it; or remove, obscure or alter any proprietary notices.
6. Acceptable use
You agree to use the Service lawfully and respectfully. You must not:
- Post, upload or share content that is unlawful, defamatory, harassing, hateful, sexually explicit, violent, or that infringes the rights of others;
- Harass, threaten, impersonate or intimidate any person, or disclose another person's private information without consent;
- Infringe or misappropriate any intellectual property, privacy or other right of Touch Shorts or any third party;
- Use the Service for any illegal or fraudulent purpose, or in breach of any applicable law or regulation;
- Attempt to gain unauthorised access to the Service, other accounts, or our systems or networks, or probe, scan or test their vulnerability;
- Distribute malware, or interfere with, disrupt, overload or impair the Service, including through automated scripts, bots, scraping, spiders, crawlers or bulk-download tools;
- Circumvent, remove or interfere with content-protection or access-control measures, including digital rights management and geographic or age restrictions;
- Record, capture, download, reproduce, mirror, frame, re-host, redistribute or publicly perform any content from the Service, or use content for training machine-learning models, without our prior written permission; or
- Resell, sublicense or commercially exploit the Service or access to it.
We may investigate and take appropriate action against any violation, including removing content, suspending or terminating accounts, and reporting conduct to law enforcement.
7. Your content
You retain ownership of any content you submit to the Service, such as reviews, comments, profile details or messages (“User Content”).
By submitting User Content, you grant Touch Shorts a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to host, store, reproduce, adapt, publish, display and distribute that User Content solely in connection with operating, providing, promoting and improving the Service. This licence ends when you delete your User Content or your account, except where the content has been shared with others who have not deleted it, and except for copies retained in backups or as required by law.
You represent and warrant that you own or control all rights in your User Content, and that it does not violate these Terms or the rights of any third party. We do not endorse User Content and may remove it at our discretion.
8. Intellectual property
The Service — including all video content, series, artwork, text, graphics, logos, user interface, software, and the selection and arrangement of content — is owned by Touch Shorts or its licensors and is protected by copyright, trademark and other intellectual property laws.
The “Touch Shorts” name and logo are trademarks of Touch Shorts. You may not use them without our prior written permission.
Your licence is limited to streaming and viewing content within the Service as permitted by these Terms. No ownership rights are transferred to you. If you believe content on the Service infringes your rights, please contact us at [email protected] with the details of the work, the location of the material, and your contact information, and we will review your notice.
9. Third-party services
The Service may link to or integrate third-party services, such as app stores, payment processors and social platforms. These services are governed by their own terms and privacy policies. We do not control and are not responsible for third-party services, their content, or their handling of your information. Your use of a third-party service is at your own risk and subject to that provider's terms.
10. Availability and changes to the service
We aim to keep the Service available, but we do not guarantee uninterrupted, error-free or secure operation. The Service may be unavailable during maintenance, updates, or due to factors beyond our control, such as network failures.
We may add, change, suspend or discontinue any part of the Service, including features and content, at any time and without liability, although where we discontinue a paid service in a way that materially affects you, we will provide a pro-rata remedy where required by applicable law. Content availability may vary by region.
11. Disclaimers
To the fullest extent permitted by applicable law, the Service and all content are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, accuracy and non-infringement.
We do not warrant that the Service will be uninterrupted, secure, timely or error-free, that defects will be corrected, or that the Service or its servers are free of harmful components. Any content accessed, downloaded or otherwise obtained through the Service is accessed at your own discretion and risk.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these Terms excludes or limits any warranty or right that cannot lawfully be excluded or limited.
12. Limitation of liability
To the fullest extent permitted by applicable law, Touch Shorts and its affiliates, officers, employees, agents, suppliers and licensors will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with your use of, or inability to use, the Service — whether based in contract, tort, negligence, strict liability or otherwise, and even if we have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim, and (b) USD 50.
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
13. Indemnification
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Touch Shorts and its affiliates, officers, employees and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in any way connected with: your access to or use of the Service; your User Content; your violation of these Terms; or your violation of any law or the rights of any third party.
14. Termination
You may stop using the Service and delete your account at any time. Deleting your account does not automatically cancel a subscription purchased through an app store; you must cancel it through the store as described in Section 4.
We may suspend, restrict or terminate your access to the Service, with or without notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent or unlawful activity, created a risk of harm or legal exposure for us or others, or if we are required to do so by law.
Upon termination, the licence granted to you under these Terms ends immediately and you must stop using the Service. Sections that by their nature should survive termination — including Intellectual property, Disclaimers, Limitation of liability, Indemnification, Governing law and General — will continue to apply.
15. Governing law and dispute resolution
These Terms and any dispute or claim arising out of or in connection with them or the Service, including their subject matter and formation, are governed by the laws of the jurisdiction in which Touch Shorts is established, without regard to its conflict-of-law rules. Where mandatory consumer-protection laws of your country of residence provide you with greater protection, those laws apply.
Before starting formal proceedings, you and Touch Shorts agree to try to resolve any dispute informally by contacting us at [email protected] and describing the issue and the outcome you are seeking. We will attempt to resolve the matter within a reasonable period.
Subject to any mandatory provisions of applicable law, the courts of the jurisdiction in which Touch Shorts is established will have exclusive jurisdiction over any dispute that cannot be resolved informally.
16. Changes to these terms
We may update these Terms from time to time to reflect changes to the Service, our practices, or legal requirements. When we make material changes, we will update the “Last updated” date above and, where appropriate, notify you in the app or by other means before the changes take effect.
Your continued use of the Service after the updated Terms take effect means that you accept them. If you do not agree to the updated Terms, you must stop using the Service.
17. General
- Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Touch Shorts regarding the Service and supersede any prior agreements on that subject.
- Severability. If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
- No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
- Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation or sale of assets.
- Third-party beneficiaries. Except for our affiliates and as otherwise stated, these Terms do not create rights for any third party.
- Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
18. Contact us
If you have any questions about these Terms, please contact us:
- Support: [email protected]
- Legal and privacy: [email protected]
- Website: touchshorts.com