GET . BE . STAY

TERMS OF USE

Last revised on July 01, 2022.

Welcome to Intouch. If you live in the United States of America, these Terms of Use are between you and:


Intouch, LLC

337, Meadowview Way,

Lewisville, Texas 75056

United States of America


The terms (“us,” “we,” the “Company,” or “Intouch”) refer to Intouch LLC based on your country of residence.


1. Acceptance of Terms of Use Agreement.

By creating an Intouch ASAP account, whether through a mobile device, mobile application, or computer (collectively, the “Service”), you agree to be bound by (i) these Terms of Use, and (ii) our Privacy Policy, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

We may change this Agreement and the Service from time to time. We may do this for various reasons, including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and intouchasap.com, and you should regularly check for the most current version. The most recent version is the version that applies. Suppose the changes include material changes to your rights or obligations. In that case, we will notify you at least 30 days before the changes (unless we cannot do so under applicable law) by reasonable means, including notification through the Service or via email. If you continue using the Service after the changes become effective, you agree to the revised Agreement.


2. Eligibility.

You are not authorized to create an account or access or use the Service or systems it resides on unless all of the following are true:

  • you are at least 18 years of age.
  • you can form a binding contract with Intouch ASAP,
  • you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition),
  • you will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations, and
  • you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and you are not required to register as a sex offender with any state, federal or local sex offender registry.


3. Your Account.

To use Intouch ASAP, you may sign in using several ways, including by Facebook login. If you use your Facebook login, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of the login credentials you use to sign up for Intouch ASAP, and you are solely responsible for all activities under those credentials. If you think someone has gained access to your account, please immediately contact us.


4. Modifying the Service and Termination.

Intouch ASAP is always striving to improve the Service and bring you additional functionality that you will find engaging and valuable. This means we may add new product features or enhancements from time to time and remove some parts, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account anytime, for any reason, by following the instructions in "Settings" in the Service. However, if you use a third-party payment account such as Apple’s App Store or iTunes Store, as applicable (“App Store”), you will need to manage in-app purchases through such an account to avoid additional billing. Intouch ASAP may terminate your account without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases.

After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Intouch ASAP: Section 4, Section 5, and Sections 12 through 19.


5. Safety; Your Interactions with Other Members.

Though Intouch ASAP strives to encourage a respectful member experience through features like the double opt-in that allows members to communicate only after they have both indicated interest in one another, Intouch ASAP is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Intouch ASAP’s Safety Tips, shared on several occasions, prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT INTOUCH ASAP DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. INTOUCH ASAP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS.


6. Rights Intouch ASAP Grants You.

Intouch ASAP grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Intouch ASAP and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following:

  • use the Service or any content contained in the Service for any commercial purposes without our written consent.
  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessible through the Service without Intouch ASAP’s prior written consent.
  • express or imply that any statements you make are endorsed by Intouch ASAP.
  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy, or other manual or automatic device, method, or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
  • upload viruses or other malicious code or otherwise compromise the security of the Service.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
  • "frame" or "mirror" any part of the Service without Intouch ASAP’s prior written authorization.
  • use meta tags or code or other devices containing any reference to Intouch ASAP or the Service (or any trademark, trade name, service mark, logo, or slogan of Intouch ASAP) to direct any person to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
  • use or develop any third-party applications that interact with the Service or other members' Content or information without our written consent.
  • use, access, or publish the Intouch ASAP application programming interface without our written consent.
  • probe, scan, or test the vulnerability of our Service or any system or network.
  • encourage or promote any activity that violates this Agreement.

Intouch ASAP may investigate and take any available legal action in response to illegal or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.


7. Rights you Grant Intouch ASAP.

By creating an account, you grant Intouch ASAP a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the information you authorize us to access from third parties such as Facebook, as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other members (collectively, "Content"). Intouch ASAP's license to your Content shall be non-exclusive, except that Intouch ASAP's license shall be exclusive with respect to derivative works created through the use of the Service. For example, Intouch ASAP would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Intouch ASAP can prevent the use of your Content outside of the Service, you authorize Intouch ASAP to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Intouch ASAP members).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Intouch ASAP above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.

In consideration for Intouch ASAP allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Intouch ASAP regarding our Service, you agree that Intouch ASAP may use and share such feedback for any purpose without compensating you.

Please be informed that Intouch ASAP may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage, or disclosure satisfies a legitimate interest, including to (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.


8. Community Rules.

By using the Service, you agree that you will not:

  • use the Service for any purpose that is illegal or prohibited by this Agreement.
  • use the Service for any harmful or nefarious purpose
  • use the Service in order to damage Intouch ASAP
  • violate our Community Guidelines, as updated from time to time.
  • spam, solicit money from, or defraud any members.
  • impersonate any person or entity or post any images of another person without his or her permission.
  • bully, "stalk", intimidate, assault, harass, mistreat or defame any person.
  • post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contract right.
  • post any Content that is hate speech, threatening, sexually explicit, or pornographic.
  • post any Content that incites violence, or contains nudity or graphic or gratuitous violence.
  • post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
  • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission.
  • use another member's account, share an account with another member, or maintain more than one account.
  • create another account if we have already terminated your account unless you have our permission.

Intouch ASAP reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Intouch ASAP regards as inappropriate or unlawful, including actions or communications that occur on or off the Service. In the event that you violate these rules or our Community Guidelines, your authorization to use the Service will be automatically revoked.


9. Other Members' Content.

Although Intouch ASAP reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and Intouch ASAP cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our contact form on our website.


10. Purchases.

Generally. From time to time, Intouch ASAP may offer products and services for purchase ("in-app purchases") through the App Store, carrier billing, Intouch ASAP direct billing or other payment platforms authorized by Intouch ASAP. If you choose to make an in-app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third-party account such as the Google Play Store or App Store (your "Payment Method") will be charged for the in-app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Intouch ASAP or the third-party account, as applicable, to charge you.

Auto-Renewal; Automatic Card Payment

If you purchase an auto-recurring periodic subscription through an in-app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Your card payment information will be stored and subsequently used for automatic card payments in accordance with the Agreement.

Objections to a payment already made should be directed to Customer support if you were billed directly by Intouch ASAP or the relevant third-party account such as the App Store. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on Intouch ASAP or the relevant third-party account but be advised that you are still obligated to pay any outstanding amounts.

If you want to change or terminate your subscription, you will need to log in to your third-party account (or Settings on Intouch ASAP, if applicable) and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Intouch ASAP application from your device. Deleting your account on Intouch ASAP or deleting the Intouch ASAP application from your device does not terminate or cancel your subscription; Intouch ASAP will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Intouch ASAP or the third-party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

Additional Terms that apply if you pay Intouch ASAP directly with your Payment Method. If you pay Intouch ASAP directly, Intouch ASAP may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Intouch ASAP may terminate your account immediately at its sole discretion.

You may edit your Payment Method information by visiting Intouch ASAP and going to Settings. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or another provider of your chosen Payment Method.

Virtual Items. From time to time, you may be able to purchase or earn a limited, personal, non-transferable, non-sublicensable, revocable license to use "virtual items", which could include virtual products or virtual “coins” or other units that are exchangeable within the Service for virtual products (collectively, "Virtual Items"). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Intouch ASAP ceases providing the Service or your account is otherwise closed or terminated. Intouch ASAP, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and may distribute Virtual Items with or without charge. Intouch ASAP may manage, regulate, control, modify or eliminate Virtual Items at any time. Intouch ASAP shall have no liability to you or any third party in the event that Intouch ASAP exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT INTOUCH ASAP IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

To request a refund:

If you made a purchase using your Apple ID, refunds are handled by Apple, not Intouch ASAP. To request a refund, go to the App Store, click on your Apple ID, select "Purchase history", find the transaction, and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.

If you made a purchase through Intouch ASAP directly: please contact customer support with your order number for Intouch ASAP (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice that states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to Intouch ASAP, Attn: Cancellations, P.O. Box 25472, Dallas, Texas 75225, USA.

If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.

If you made a purchase through a payment platform not listed above, please request a refund directly from the third-party merchant through which you made your purchase.

You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgment that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Items. That means that such purchases are FINAL AND NON-REFUNDABLE.

Pricing. Intouch ASAP operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size, and more. We also regularly test new features and payment options.


11. Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request using a form on www.intouchasap.com.

If you contact us regarding alleged copyright infringement, please be sure to include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
  • your contact information, including address, telephone number, email address, and the copyright owner’s identity;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Intouch ASAP will terminate the accounts of repeat infringers.


12. Disclaimers.

INTOUCH ASAP PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. INTOUCH ASAP DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

INTOUCH ASAP TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.


13. Third-Party Services.

The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. Intouch ASAP is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. Intouch ASAP is not responsible or liable for such third parties' terms or actions.


14. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INTOUCH ASAP, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF INTOUCH ASAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INTOUCH ASAP’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO INTOUCH ASAP FOR THE SERVICE AND USD100 WHILE YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.


15. Arbitration, Class-Action Waiver, and Jury Waiver.

  1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceeds in small claims court instead, if the claim is within the jurisdiction of the small claims court. If the request to proceed in small claims court is made before an arbitrator has been appointed, the arbitration shall be administratively closed. If the request to proceed in small claims court is made after an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court. Such arbitration shall be conducted by written submissions only, unless either you or Intouch ASAP elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small-claims court, you agree that you will not under any circumstances commence, maintain, or participate in against the Company any class action, class arbitration, or other representative action or proceeding against Intouch ASAP.
  2. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. If you assert a Claim against Intouch ASAP outside of small claims court (and Intouch ASAP does not request that the claim be moved to small claims court), your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant any relief that a court can, including the ability to hear a dispositive motion (which may include a dispositive motion based upon the parties’ pleadings, as well as a dispositive motion based upon the parties’ pleadings along with the evidence submitted), but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
  3. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.


16. Governing Law.

The laws of Texas, U.S.A., will apply to any disputes arising out of or relating to this Agreement or the Service. Notwithstanding the foregoing, the Arbitration Agreement in Section 15 above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.


17. Venue.

All claims arising out of or relating to this Agreement, to the Service, or to your relationship with Intouch ASAP that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Dallas County, Texas, U.S.A. You and Intouch ASAP consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.


18. Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Intouch ASAP, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.


19. Entire Agreement; Other.

This Agreement, which includes the Privacy Policy, Cookie Policy, the Safety Tips, Community Guidelines and the Arbitration Procedures (if applicable to you), and any terms disclosed and agreed to by you if you purchase additional features, products, or services we offer on the Service, contains the entire agreement between you and Intouch ASAP regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Intouch ASAP account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary, or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Intouch ASAP in any manner.

FLIRT.
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FOREVER.

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