Effective Date: September 15, 2026
These Terms and Conditions ("Agreement") govern your subscription to the Touchpoint Engine personalized print newsletter service (the "Service") and form a binding agreement between you ("you," "Subscriber," or "Client") and Touchpoint Engine ("Touchpoint Engine," "we," "us," or "our"). By placing a subscription order, you agree to be bound by this Agreement, together with our Platform Terms of Use, Privacy Policy, Cookie Policy, and Disclaimer.
Your subscription will continue automatically on a month-to-month basis (or on the billing cycle you select at sign-up, such as quarterly or annual) until cancelled in accordance with Section 11. Newsletters are produced and mailed according to the frequency you select (e.g., monthly) and in accordance with our production schedule, which will be made available to you at the time of subscription.
All personalized copy is reviewed by our team prior to production. However, Touchpoint Engine is not responsible for errors or omissions in your newsletter once a proof has been approved by you or deemed approved under this Section. A proof of your first issue will be posted to your online account (or emailed to you) for your review. You must notify us of any requested corrections by the applicable copy deadline; if we do not hear from you by that deadline, the proof will be deemed approved and sent to print. For subsequent issues, proofs must be requested by the copy deadline for that issue via email or your account portal.
You are responsible for providing accurate branding materials (logo, headshot, contact information, and any biographical or listing content) for use in your newsletter. Touchpoint Engine is not responsible for errors that result from inaccurate, outdated, or low-quality materials supplied by you.
Prices may change from time to time to reflect the current cost of labour, materials, printing, postage, and shipping. Any price change will be communicated to you in advance and will be reflected in your next scheduled payment. If you do not wish to accept a price change, you may cancel your subscription in accordance with Section 11.
Subscriptions are billed on a prepaid basis. Your payment will generally be processed approximately thirty [30] days before your next scheduled mailing date. The amount charged may vary from period to period based on factors such as the size of your Contact Data (defined below), any add-on services, and applicable taxes. You authorize us (or our payment processor) to charge your designated payment method on file for each billing cycle, including updated card details where applicable.
You acknowledge that Touchpoint Engine (or its licensors) owns all right, title, and interest, including copyright, in the newsletter templates, layouts, stock imagery, and editorial content we create as part of the Service, excluding any Client Content (your logo, photograph, biography, and similar materials) that you supply. Our templates, layouts, and editorial content may not be reproduced, copied, or used outside of the Service without our prior written consent.
Touchpoint Engine warrants that the Service will conform to the description provided to you at the time of subscription. Except for this express warranty, we make no other warranties, representations, or conditions, express or implied, including any implied warranty of merchantable quality or fitness for a particular purpose.
Our aggregate liability to you arising out of or related to this Agreement, whether in contract, tort, negligence, strict liability, or otherwise, will not exceed the fees paid by you to Touchpoint Engine in the one (1) billing period immediately preceding the event giving rise to the claim. In no event will Touchpoint Engine be liable for lost profits, lost revenue, or for indirect, special, consequential, incidental, or punitive damages.
Touchpoint Engine reserves the right, in its sole discretion, to refuse to print any personalized copy or Client Content that it considers unlawful, defamatory, scandalous, improper, or infringing of a third party's rights. You agree to indemnify and hold Touchpoint Engine harmless against any liability, damages, and reasonable legal fees arising from any claim relating to personalized copy or Client Content, whether supplied by you or prepared by Touchpoint Engine at your direction.
Newsletters are printed and mailed according to the production and mailing schedule made available to you at subscription (typically once per billing cycle). Touchpoint Engine is not responsible for delays or losses caused by postal carriers, printing suppliers, or other circumstances beyond our reasonable control.
You are responsible for providing and maintaining an accurate and lawful Contact Data list for mailing purposes. We will store your Contact Data electronically in our database/CRM tool and will treat it as confidential in accordance with our Privacy Policy. Because this database is created and maintained by you, we do not take responsibility for its completeness, accuracy, or your authority to use it for mailing purposes.
You may cancel your subscription at any time by notifying Touchpoint Engine in writing by email to [email protected] at least thirty [30] days in advance, provided that production has not yet begun on your next scheduled issue. If production has already begun on an issue at the time you provide notice, that issue will still be produced, printed, and mailed, and charged accordingly.
Your personal information and Contact Data are handled in accordance with our Privacy Policy, available at www.touchpointengine.com/privacy.
This Agreement is governed by and construed in accordance with the laws of the Province of Ontario], without reference to its conflict-of-law rules. You submit to the exclusive jurisdiction of the courts of Markham, Ontario for any dispute arising from this Agreement.
The provisions of Sections 6, 7, 8, 13, 14, and the second sentence of Section 8 will remain in full force after expiry or termination of this Agreement until you and Touchpoint Engine mutually agree to terminate them.
This Agreement, together with our Platform Terms of Use, Privacy Policy, Cookie Policy, Disclaimer, and any other policy referenced herein, constitutes the entire agreement between you and Touchpoint Engine regarding the Service and supersedes any prior agreements or understandings on the subject matter.
Touchpoint Engine by email: [email protected]
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