Effective Date: September 15, 2026
Welcome to Touchpoint Engine ("Touchpoint Engine," "we," "us," or "our"). These Platform Terms of Use ("Terms") govern your access to and use of the Touchpoint Engine website located at www.touchpointengine.com (the "Platform"), including any content, features, and services made available through it (collectively, the "Services").
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, please do not use the Platform. These Terms should be read together with our Privacy Policy, Cookie Policy, Disclaimer, and, if you subscribe to a paid newsletter service, our Terms and Conditions for Subscriptions.
Touchpoint Engine provides real estate agents and brokerages with professionally designed, personalized, print newsletters that are branded to the agent and mailed directly to the agent's client and prospect database on a recurring basis, along with related digital tools that allow agents to review proofs, manage their contact database, and manage their subscription.
The Platform is intended for use by businesses and individuals operating in a professional capacity (such as licensed real estate agents, brokers, and their staff). You must be of the age of majority in your jurisdiction of residence and have the authority to bind yourself or the business you represent to these Terms.
Certain areas of the Platform require you to register for an account. You agree to:
provide accurate, current, and complete information when creating your account;
keep your login credentials confidential and notify us promptly of any unauthorized use of your account; and
accept responsibility for all activity that occurs under your account.
We may suspend or terminate an account if we reasonably believe the information provided is inaccurate, the account has been compromised, or these Terms have been breached.Certain areas of the Platform require you to register for an account. You agree to:
provide accurate, current, and complete information when creating your account;
keep your login credentials confidential and notify us promptly of any unauthorized use of your account; and
accept responsibility for all activity that occurs under your account.
We may suspend or terminate an account if we reasonably believe the information provided is inaccurate, the account has been compromised, or these Terms have been breached.
All text, graphics, logos, designs, templates, software, and other material made available on the Platform (excluding Client Content, defined below) is owned by or licensed to Touchpoint Engine and is protected by copyright, trademark, and other intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, sell, or create derivative works from any part of the Platform without our prior written consent.
"Client Content" means any logos, photographs, biographical information, listing information, or contact/client data that you upload or submit to the Platform for the purpose of personalizing your newsletter. As between you and us, you retain ownership of your Client Content. You grant Touchpoint Engine a limited, non-exclusive licence to use, reproduce, and display your Client Content solely to design, produce, print, and mail your newsletter and to otherwise provide the Services to you.
You agree not to use the Platform to:
upload or transmit content that is unlawful, defamatory, fraudulent, or infringes the rights of any third party;
upload contact data that you are not authorized to use for the purposes contemplated by the Services, or in a manner that violates applicable anti-spam, privacy, or marketing laws;
attempt to gain unauthorized access to the Platform, other accounts, or our systems;
interfere with or disrupt the operation of the Platform, including through viruses, bots, or excessive automated requests; or
use the Platform for any purpose other than the marketing of your legitimate real estate business.
The Platform may contain links to third-party websites or integrate with third-party services (for example, payment processors or contact-management tools). We do not control and are not responsible for the content, accuracy, or practices of third parties. Your use of any third-party service is subject to that third party's own terms and policies.
The Platform and Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, to the fullest extent permitted by law. See our Disclaimer for further detail.
To the maximum extent permitted by applicable law, Touchpoint Engine will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Platform, even if advised of the possibility of such damages. Our aggregate liability for any claim arising from your use of the Platform (as distinct from a paid subscription, which is separately addressed in the Terms and Conditions for Subscriptions) will not exceed CAD $500.
You agree to indemnify and hold harmless Touchpoint Engine, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your breach of these Terms, your Client Content, or your misuse of the Platform.
We may suspend or terminate your access to the Platform at any time, with or without notice, if we believe you have breached these Terms or for any other reason at our discretion, including discontinuation of the Platform generally. Provisions that by their nature should survive termination (including Sections 4, 8, 9, and 12) will continue to apply.
We may update these Terms from time to time. Material changes will be posted on the Platform with an updated effective date. Your continued use of the Platform after changes take effect constitutes your acceptance of the revised Terms.
These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict-of-law principles. You submit to the exclusive jurisdiction of the courts located in Markham, Ontario for any dispute arising under these Terms.
These Terms, together with our Privacy Policy, Cookie Policy, Disclaimer, and any applicable Terms and Conditions for Subscriptions, constitute the entire agreement between you and Touchpoint Engine regarding use of the Platform. If any provision is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of that provision.
Questions about these Terms can be directed to:
Touchpoint Engine by email: [email protected]
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