Effective date and last updated: October 3, 2026
1. ACCEPTING THESE TERMS: These terms are an agreement that you make with Touch Won and Subsidiaries ("Touch Won", "we", "us").
By checking "I agree to the terms and conditions" and creating a vendor account, you agree to these terms, including the arbitration agreement and class action waiver in sections 15 and 16.
If you are signing up for a business, you agree for that business. If you don't agree, don't sign up or use the service.
2. THE SERVICE: Touch Won is a monthly marketing subscription for businesses.
It gives your business its own coin code in the Touch Won app. Your customers sign up under your code, so they find you under your name.
You also get a vendor dashboard where you can see the customers registered under your code and reports of their activity.
We may update, add or remove features over time.
3. YOUR ACCOUNT AND ELIGIBILITY: You must be at least 18 years old and have the authority to sign up for your business.
Give us accurate details when you sign up and keep them up to date. You pick your own coin code. Each code is unique, and it must not use a name or brand you don't have the right to use.
Keep your password private. You are responsible for everything that happens under your account. Tell us right away if you think someone else has accessed it.
4. BILLING: Your first week is free, then it's a flat $79 a month. There's no cap on what you can collect.
You enter a payment card when you sign up. Your card is saved and nothing is charged for the first 7 days.
When you buy a subscription directly, you have seven (7) days from sign-up to cancel before you owe anything. If you don't cancel within those 7 days, the $79 monthly subscription becomes payable.
From then on, your subscription renews automatically and your card is charged $79 each month until you close your account.
If you choose Platinum Annual instead, it is $4,999 for one year and includes direct coaching and marketing from our team. Platinum Annual is billed once per year at the listed price and renews automatically each year unless you close your account before the renewal date.
Prices shown do not include taxes. Applicable sales taxes are added to your bill where the law requires them.
We may change our prices. If we do, we will tell you at least 30 days before the new price applies to you.
5. CANCELLATION AND REFUNDS: You can close your account from your vendor dashboard, and that stops your billing.
If you cancel within seven (7) days of signing up, you are not charged the monthly subscription. After those 7 days, the $79 monthly subscription is payable.
If you close your account after those first 7 days, the closing takes effect at the end of the month you have already paid for. You keep access until then, and you are not charged again.
We do not give refunds or credits for partial months.
Refunds to your customers are up to you, as the vendor, and are governed by your own end user license agreement and policies. Touch Won does not handle refunds that you give, or are asked to give, to your customers.
6. YOUR RESPONSIBILITIES AND ACCEPTABLE USE: You are responsible for how you use Touch Won and for following the laws and rules that apply to your business and your location.
Any offers or rewards you give your customers are yours to set, run and honor. Touch Won does not handle any money that passes from you to your customers or from your customers to you.
Only contact your customers in ways they have agreed to, and follow the laws on email, calls and text messages.
Do not use Touch Won to break the law, mislead anyone, send spam, or harm others.
Do not copy, resell, reverse engineer or interfere with the service, try to get into accounts or systems that aren't yours, or upload anything harmful.
7. CUSTOMER DATA AND PRIVACY: Customers who sign up under your coin code stay yours. We don't take them.
You may use your customer list to run and market your own business, and you must keep it safe and use it only in ways the law allows.
We store this data to run the service. We never sell vendor or customer data.
How we collect, use and protect personal information is explained in our Privacy Policy.
8. INTELLECTUAL PROPERTY: Touch Won, the app, the portal and all of our content belong to us or our licensors.
While your subscription is active, we give you a limited, non-exclusive, non-transferable right to use the service for your business.
You keep the rights to your business name, logo and content. You let us show them in the Touch Won app and portal so we can provide the service.
9. SUSPENSION AND TERMINATION: You can stop using the service at any time by closing your account (see section 5).
We may suspend or close your account if you break these terms, if a payment fails, or if we need to in order to protect the service, our customers or the public.
When your account closes, your access to the vendor dashboard ends. After your account closes, we delete or de-identify your account data within a reasonable time, unless the law requires us to keep it. Before you close your account, you can request an export of your customer list by emailing support@touchwon.com.
10. DISCLAIMERS: The service is provided "as is" and "as available".
We do not promise any particular number of customers, sales or business results, and we do not promise the service will always be available or error-free.
Nothing we say or provide is legal, tax or financial advice. Please talk to your own advisor about your business.
To the extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
11. LIMITATION OF LIABILITY: To the extent the law allows, we are not liable for indirect, incidental, special, punitive or consequential damages,
or for lost sales, lost data or lost business, arising from your use of the service.
Our total liability for any claim is limited to the fees you paid us in the 12 months before the claim.
To the extent the law allows, any claim about these terms or the service must be brought within one (1) year after it arises, or it can't be brought at all.
Nothing in these terms limits our liability for death or personal injury caused by our negligence or willful misconduct.
Some places do not allow these limits, so they may not all apply to you.
12. INDEMNIFICATION: You agree to defend and cover Touch Won and Subsidiaries, and our officers, employees and agents, against claims made by others,
including reasonable attorneys' fees, that come from your use of the service, your breach of these terms, the offers or rewards you give, or your dealings with your customers, including any refund your customers ask you for.
13. THIRD-PARTY SERVICES: We use outside providers, such as our card payment processor, to run parts of the service, and they may have their own terms.
We are not responsible for services or websites that we don't control, and a link to one does not mean we endorse it.
14. GOVERNING LAW AND VENUE: These terms are governed by the laws of the State of North Carolina, USA, without regard to its conflict-of-law rules.
The arbitration agreement in section 15 is governed by the Federal Arbitration Act.
Any court case allowed under these terms must be filed in the state or federal courts located in North Carolina, and you and we agree to the jurisdiction of those courts.
A request to compel arbitration or to enforce an arbitration award may be filed in any court that has jurisdiction.
15. DISPUTE RESOLUTION AND ARBITRATION: Please read this section carefully. It affects how disputes are resolved.
Talk to us first: before starting arbitration or any other formal case, the side with the dispute must send the other a written notice that describes the problem and what it is asking for.
If the notice is from you, email it to support@touchwon.com and include your business name, account email and phone number. Both sides will then try in good faith to resolve it for 30 days.
Arbitration: if the dispute isn't resolved within those 30 days, either side may start binding arbitration. It will be run by JAMS under its rules, before a single arbitrator, on an individual basis only.
Any hearing will be held in North Carolina, or remotely by phone or video. In arbitration there is no judge or jury, and a court's review of the decision is limited.
The arbitrator decides questions about the scope and enforceability of this agreement to arbitrate.
Exceptions: either side may bring an individual claim in small claims court if it qualifies, and either side may go to court over misuse of its copyrights, trademarks, trade secrets or patents.
Opting out: you may opt out of this arbitration agreement by emailing us, with the subject "Arbitration opt-out", at support@touchwon.com within 30 days after you first agree to these terms.
If you opt out, the rest of these terms still apply, and disputes will go to the courts named in section 14.
16. CLASS ACTION AND JURY TRIAL WAIVER: To the extent the law allows, you and we each agree to bring claims only on an individual basis,
and not as a plaintiff, class member or representative in any class, collective or representative action, in arbitration or in court.
To the extent the law allows, you and we each also give up the right to a jury trial in any court case about these terms or the service.
17. FORCE MAJEURE: We are not responsible for delays or failures caused by events we can't reasonably control,
such as natural disasters, severe weather, fire, pandemics, war, terrorism, strikes, power or internet outages, failures of providers we rely on, or government action.
18. ASSIGNMENT: You may not transfer your account or these terms to anyone else without our written OK.
We may transfer our rights and duties under these terms, including as part of a merger, acquisition or sale of assets, and your account may be included in that transfer. These terms then bind whoever takes over.
19. NOTICES: We may send you notices by email to the address on your account or in your vendor dashboard, and they take effect when sent.
You can send notices to us by email to support@touchwon.com, and they take effect when sent.
20. CHANGES TO THESE TERMS: We may update these terms from time to time. When we do, we will change the "Last updated" date above
and, for important changes, let you know by email or in your vendor dashboard. If you keep using the service after the changes take effect, you accept the updated terms.
21. GENERAL: These terms, together with our Privacy Policy, are the whole agreement about the service and replace any earlier agreements or statements about it.
If any part of these terms can't be enforced, the rest still applies, and that part will be limited only as much as needed to make it enforceable.
If we don't enforce a part of these terms right away, we can still enforce it later.
Sections 10 to 16 and this section, and any amounts you owe, continue to apply after your account closes.
22. CONTACT US: Questions about these terms? Contact Touch Won and Subsidiaries by email at support@touchwon.com.