Terms of Service

By purchasing a Touchstone device, downloading or installing the Touchstone mobile application (“App”), creating a Touchstone account, accessing our website, or otherwise using any Touchstone products or services (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms.

These Terms, together with our Privacy Policy and any additional terms expressly incorporated into these Terms, constitute the agreement between you and Touchstone.

If you do not agree to these Terms, you may not purchase, access, or use the Services.

You must be at least eighteen (18) years old to independently create an account, purchase a Touchstone device, or enter into these Terms.

If you are between thirteen (13) and seventeen (17) years old, or the applicable age of digital consent in your jurisdiction, you may use the Services only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf.

Touchstone does not knowingly permit children under thirteen (13) years of age to create accounts or independently use the Services.

If you permit a minor to use the Services, you represent and warrant that you are their parent or legal guardian and that you have the authority to consent to these Terms on their behalf.

You are responsible for:

1. supervising the minor's use of the Services;
2. ensuring their compliance with these Terms;
3. accepting responsibility for any applicable disclaimers and limitations contained in these Terms; and
4. ensuring that any purchases or other financial obligations associated with the account are authorized.

By using the Services, you represent and warrant that:

1. you have the legal capacity to enter into these Terms;
2. you are legally permitted to use the Services in your jurisdiction;
3. all information you provide to Touchstone is accurate and complete; and
4. if you are using the Services on behalf of an organization or another person, you have the authority to bind that organization or person to these Terms.

Touchstone may make the Services available in multiple countries and jurisdictions. However, we do not represent that the Services are appropriate or available everywhere.

You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations where you live.

We may restrict or discontinue access to the Services in particular jurisdictions when required by law, regulation, technical limitations, or business considerations.

You may not use the Services if:

1. you have previously been suspended or permanently removed from the Services;
2. your use of the Services would violate applicable law;
3. you are subject to applicable sanctions or export restrictions that prohibit your use of the Services; or
4. you otherwise lack the legal capacity to enter into these Terms.

Touchstone is a digital wellness system designed to help people become more intentional about their relationship with technology.

The Touchstone system combines physical hardware with software designed to encourage awareness, intentionality, and behavioral change around smartphone use.

The Services may include a physical Touchstone device, mobile applications, digital wellness tools, usage insights, app-management features, journaling functionality, goals, challenges, social or accountability features, and related services.

Touchstone is intended to serve as a behavioral support and awareness tool. It is not intended to diagnose, treat, cure, or prevent any medical or psychological condition.

The Touchstone hardware device (“Device”) is a physical NFC-enabled device designed to interact with the Touchstone App.

Depending on the configuration of the Services, the Device may be used to initiate or modify certain digital wellness settings, including app-blocking or focus configurations.

The Device is designed to create a physical interaction between you and your smartphone. Certain Touchstone functionality may require you to physically interact with the Device before particular settings can be changed.

The Device does not independently provide cellular, internet, medical, therapeutic, or emergency services.

The Touchstone App serves as the primary software interface for the Touchstone system.

Depending on your device, operating system, permissions, and available features, the App may allow you to:

1. connect and configure your Touchstone Device;
2. select applications or categories of applications subject to blocking or focus settings;
3. activate or modify focus and app-management modes;
4. view information about your smartphone usage;
5. view trends and insights regarding screen time and device interaction;
6. monitor pickups, notifications, and other available usage indicators;
7. establish personal screen-time goals;
8. create journal entries and reflections;
9. participate in challenges and accountability activities;
10. invite friends or other users to participate in Touchstone “Squads”;
11. compare progress or goals with participating Squad members;
12. manage notifications and account settings; and
13. access other features that Touchstone may introduce from time to time.

Not every feature will be available on every device, operating system, account, or geographic location.

Certain Touchstone features rely on information made available through operating-system services, including Apple's Screen Time and related device-management technologies and corresponding technologies on other supported platforms.

Depending on the permissions you provide, Touchstone may use information concerning application usage, screen time, device interactions, notifications, pickups, or related activity to provide the Services.

The availability and accuracy of this information depends in part on your operating system, device configuration, permissions, and third-party platform functionality.

Touchstone does not control the operating systems or APIs through which this information may be made available.

Touchstone may provide functionality designed to restrict or reduce access to selected applications during designated periods.

These features are intended to help you create friction between yourself and applications that you have identified as distracting or inconsistent with your goals.

Because Touchstone operates in conjunction with third-party operating systems and devices, we cannot guarantee that blocking or focus functionality will always operate perfectly, continuously, or without interruption.

Touchstone does not guarantee that you will be unable to access an application, circumvent a restriction, modify your device, or otherwise override a digital wellness setting.

Touchstone may provide dashboards, summaries, visualizations, trends, comparisons, scores, or other insights concerning your technology use.

These insights are intended to help you understand your habits and make more intentional decisions.

Touchstone does not represent that any particular metric, score, trend, recommendation, or interpretation is medically, scientifically, or psychologically diagnostic.

Touchstone may provide journaling, reflection, prompts, or related features designed to encourage awareness of your technology habits and personal goals.

These features are intended for personal reflection and self-directed behavior change.

Touchstone is not a therapist, counselor, physician, or mental-health provider, and journal prompts or other content provided through the Services should not be interpreted as professional medical or psychological advice.

Touchstone may allow you to invite other users to participate in groups, challenges, or accountability communities (“Squads”).

Squad functionality may allow participating users to:

1. establish shared or individual screen-time goals;
2. participate in challenges;
3. view certain progress information made available to Squad members;
4. encourage or hold one another accountable; and
5. interact with other participating users.

The specific information visible to other Squad members will depend on the features and privacy controls available at the time.

You are responsible for information you choose to share with other users.

Touchstone is continually developing its products and may add, modify, suspend, or remove features from the Services.

We may modify the Services for reasons including:

1. improving functionality;
2. responding to technical limitations;
3. maintaining security;
4. complying with legal or regulatory requirements;
5. responding to changes in third-party platforms;
6. correcting errors; or
7. developing new products or features.

We will make reasonable efforts to avoid materially disrupting your use of purchased hardware where practicable.

From time to time, Touchstone may offer beta, experimental, preview, or early-access features.

Such features may be incomplete, contain errors, change substantially, or be discontinued.

Beta and experimental features are provided on an “AS IS” and “AS AVAILABLE” basis to the maximum extent permitted by law.

You agree to use the Services only for lawful purposes and in accordance with these Terms.

You may not use the Services in a way that interferes with their operation, compromises their security, infringes the rights of others, or violates applicable law.

You may not:

1. reverse engineer, decompile, disassemble, or attempt to derive source code from the App or other software components of the Services, except to the extent expressly permitted by applicable law;
2. modify, tamper with, circumvent, disable, or interfere with security mechanisms or technical limitations incorporated into the Services;
3. attempt to gain unauthorized access to Touchstone systems, servers, accounts, networks, or data;
4. introduce viruses, malware, malicious code, or other harmful technology into the Services;
5. interfere with the normal operation of the Services;
6. use automated systems, bots, scrapers, or similar technologies to access the Services in a manner that places unreasonable load on our infrastructure;
7. probe, scan, or test the vulnerability of the Services without our express written authorization; or
8. circumvent technological measures designed to protect the Services or enforce functionality.

You may not:

1. impersonate another person or entity;
2. misrepresent your identity or affiliation with another person or organization;
3. provide false information in connection with your account;
4. use the Services to commit fraud or facilitate fraudulent activity;
5. attempt to obtain another user's account or credentials;
6. use payment information without authorization; or
7. manipulate or interfere with Touchstone metrics, challenges, leaderboards, goals, or other accountability features for the purpose of misleading other users.

You may not use the Services to:

1. collect or harvest another person's personal information without authorization;
2. publish another person's private or confidential information;
3. monitor another person's device or usage without appropriate authorization;
4. use Squad functionality to harass, intimidate, stalk, or otherwise abuse another user; or
5. violate another person's privacy or legal rights.

You may not use the Services to transmit or distribute content that is unlawful, threatening, abusive, harassing, defamatory, fraudulent, or otherwise harmful.

You may not use Squad or other social functionality to threaten, harass, stalk, bully, or intimidate another person.

You may not use the Services to infringe, misappropriate, or otherwise violate the intellectual property, privacy, publicity, or other proprietary rights of Touchstone or any third party.

We reserve the right, but not the obligation, to investigate suspected violations of these Terms.

If we determine that you have violated these Terms, we may take actions including:

1. removing or restricting access to content;
2. suspending your account;
3. terminating your account;
4. restricting access to certain features;
5. restricting access to Squad functionality;
6. refusing future purchases or service access; or
7. reporting unlawful conduct to appropriate authorities where required or appropriate.

Certain features of the Services require you to create a Touchstone account.

When creating an account, you agree to provide accurate, current, and complete information and to keep that information updated.

You may not create an account using false information or impersonate another person.

You are responsible for maintaining the security of your account credentials and any authentication method associated with your account.

You should not share your password, authentication credentials, or account access with another person.

If you knowingly provide another person access to your account, you are responsible for activity occurring through that account to the extent permitted by applicable law.

You are responsible for activity conducted through your account, including:

1. changes to Touchstone settings;
2. Device pairings;
3. app-blocking configurations;
4. screen-time goals;
5. Squad participation;
6. journal content;
7. purchases; and
8. other actions taken through your account.

If you believe that someone has accessed your account without authorization, you should notify Touchstone promptly.

If you become aware of unauthorized access to your account, compromised credentials, unauthorized Device pairing, or another security issue, you agree to notify us as soon as reasonably possible.

We may take reasonable steps to protect your account and the Services, including temporarily restricting access while we investigate suspected security incidents.

We may temporarily suspend or restrict an account where reasonably necessary to:

1. protect the security of the Services;
2. investigate suspected fraud or abuse;
3. investigate violations of these Terms;
4. respond to legal requirements; or
5. protect Touchstone or other users from harm.

Where practicable, we will provide notice and an explanation for account restrictions.

You may request closure of your Touchstone account at any time, subject to any applicable legal or contractual obligations.

Closing your account may result in loss of access to cloud-based Services, account history, Squad participation, and other account-associated features.

Certain information may be retained after account closure where required by law or where reasonably necessary for legitimate business purposes, such as fraud prevention, security, dispute resolution, or legal compliance.

Our Privacy Policy describes our practices concerning retention and deletion of personal information.

Because the Touchstone Device is designed to operate in connection with the App and account, certain Device functionality may become unavailable after account closure.

The exact functionality available after account closure may depend on the Device, software version, operating system, and configuration.

Certain Touchstone hardware and Services require installation of the Touchstone App on a compatible smartphone.

The App is necessary for initial Device setup, pairing, configuration, and access to certain Touchstone features.

The exact technical requirements for using the App may change over time.

Subject to your compliance with these Terms, Touchstone grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a compatible device that you own or control.

The App is licensed, not sold, to you.

You may use the App only for your personal, lawful use of the Touchstone Services.

Touchstone does not guarantee that the App will be compatible with every smartphone, operating system, operating-system version, or third-party application.

Compatibility requirements may change over time.

You are responsible for maintaining a compatible device and supported operating-system version.

If you download the App through Apple's App Store, Google Play, or another third-party application marketplace (“App Store”), your use of that marketplace is also subject to its applicable terms and policies.

These Terms are between you and Touchstone, not between you and the applicable App Store.

The applicable App Store may have certain rights as a third-party beneficiary of these Terms with respect to the App license, to the extent permitted by the App Store's applicable terms.

The App Store is not responsible for providing maintenance or support for the App.

Touchstone may release updates, upgrades, patches, bug fixes, security updates, and new versions of the App.

Updates may be necessary to maintain compatibility with your Device, operating system, or third-party platform.

If you do not install required updates, certain functionality may stop working or become unavailable.

Except where applicable law expressly permits otherwise, you may not:

1. modify, reverse engineer, decompile, or disassemble the App;
2. rent, lease, sublicense, sell, distribute, or transfer the App;
3. make unauthorized copies of the App;
4. circumvent technical restrictions or security features;
5. remove proprietary notices;
6. use the App to provide unauthorized commercial services; or
7. create derivative works based on the App.

Certain Touchstone features require an internet connection.

You are responsible for internet access and any mobile data charges associated with your use of the Services.

Touchstone is not responsible for fees charged by your mobile carrier, internet provider, or other telecommunications provider.

The App may contain software components provided under third-party or open-source licenses.

Those components may be subject to additional license terms.

Where applicable, those terms will govern your use of the relevant component.

Touchstone and its licensors retain all rights, title, and interest in and to the App, including all intellectual property rights not expressly granted to you under these Terms.

Nothing in these Terms transfers ownership of the App or Touchstone's underlying software, technology, designs, trademarks, or other intellectual property to you.

Your license to use the App automatically terminates if you materially violate these Terms or if your right to use the Services is otherwise terminated.

Upon termination, you must stop using the App and delete it from devices where appropriate.

Touchstone hardware may be purchased through our website, authorized retailers, or other sales channels we designate.

When you place an order, you agree to pay the price displayed at the time of purchase, together with applicable taxes, shipping charges, and other disclosed fees.

By submitting an order, you authorize Touchstone or our payment processor to charge your selected payment method for the total amount due.

You represent that you are authorized to use the payment method provided.

Payments may be processed through third-party payment providers.

You agree to provide accurate and current billing information and to comply with applicable terms imposed by the payment provider.

If payment cannot be successfully processed, we may delay, suspend, or cancel the applicable order.

We may provide an opportunity to update your payment information before cancelling an order.

Prices for Touchstone products and Services are displayed at the time of purchase and may change from time to time.

A price change will not affect an order that has already been accepted and paid for, except where required by law or where an obvious pricing error occurred.

You are responsible for applicable sales taxes, use taxes, VAT, customs duties, import fees, or other governmental charges associated with your purchase, except where Touchstone is legally responsible for collecting or paying them.

If Touchstone offers international shipping, you may be responsible for customs duties, import taxes, brokerage fees, or other charges imposed by the destination country.

Touchstone does not control these charges and cannot guarantee how long customs processing will take.

Touchstone may offer promotional codes, discounts, referral programs, or other special pricing.

Promotional offers may be subject to additional terms, expiration dates, quantity limitations, or eligibility requirements.

Unless expressly stated otherwise, promotional offers cannot be combined.

Touchstone may introduce optional paid subscriptions, premium features, or other recurring services in the future.

If we do so, those services will be governed by additional billing terms presented to you before you enroll.

Unless expressly stated otherwise, purchasing Touchstone hardware does not automatically enroll you in a future subscription.

If you believe a charge is incorrect, you agree to contact Touchstone and provide us with a reasonable opportunity to investigate and resolve the issue.

Nothing in this provision limits any rights you may have under applicable consumer-protection laws.

Unless otherwise stated at the time of purchase, Touchstone offers a thirty (30) day return period for hardware purchased directly from Touchstone.

If you are not satisfied with your Touchstone Device, you may request a return within thirty (30) days after delivery.

The specific return requirements, including condition requirements and shipping procedures, will be provided through our return process.

To qualify for a standard return:

1. the return must be initiated within the applicable return period;
2. you must provide reasonable proof of purchase;
3. the Device must be returned in substantially its original condition, subject to normal wear and tear;
4. included accessories and components should be returned where applicable; and
5. you must follow Touchstone's return instructions.

We reserve the right to deny or reduce a refund where permitted by law for products returned damaged beyond ordinary use or where the applicable return requirements have not been satisfied.

To initiate a return, contact Touchstone through the customer support channel identified on our website or in your order confirmation.

We may request:

1. your order number;
2. the email address associated with the purchase;
3. information regarding the reason for the return; and
4. photographs or other information where reasonably necessary to evaluate a defective or damaged Device.

We will provide return instructions after your request is reviewed.

Once an eligible returned Device is received and processed, we will issue the applicable refund to the original payment method.

The time required for the refund to appear in your account may depend on your bank or payment provider.

Unless otherwise required by applicable law, expedited shipping charges, customs fees, and other third-party charges may not be refundable.

If your Touchstone Device arrives defective or damaged, please contact us as soon as reasonably possible.

Depending on the circumstances, we may:

1. provide troubleshooting assistance;
2. replace the Device;
3. repair the Device;
4. provide a refund; or
5. provide another remedy required by applicable law.

We may request reasonable documentation or evidence of the defect or damage.

To the extent separately provided, Touchstone's limited hardware warranty governs defects in materials and workmanship during the applicable warranty period.

The warranty does not cover damage resulting from misuse, abuse, unauthorized modification, improper installation, accidents, normal wear and tear, or use contrary to our instructions, except where prohibited by law.

Touchstone is not responsible for Devices that are lost, stolen, misplaced, or damaged after delivery.

Replacement Devices may be purchased separately unless covered by an applicable warranty or other policy.

Nothing in these Terms is intended to limit any mandatory consumer rights or statutory warranties that cannot lawfully be excluded or limited in your jurisdiction.

Where applicable law provides greater rights than those described in these Terms, those rights will apply.

The Services, including the Touchstone Device design, the App, our software, source code, interfaces, visual designs, text, graphics, illustrations, logos, trademarks, service marks, and the selection and arrangement of the foregoing, are owned by Nelumbo LLC or our licensors and are protected by intellectual property laws.

Except for the limited licenses expressly granted in these Terms, nothing in these Terms transfers any right, title, or interest in the Services to you.

“Touchstone,” the Touchstone logo, and our other marks are trademarks of Nelumbo LLC.

You may not use our marks without our prior written permission, except to accurately and fairly describe the Services in a manner that does not suggest sponsorship, affiliation, or endorsement.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use.

This license terminates automatically when your right to use the Services ends.

All rights not expressly granted to you in these Terms are reserved by Touchstone and our licensors.

“Your Content” means the content you create or submit through the Services, including journal and reflection entries, goals, notes, profile information, Squad names and messages, and information you submit to customer support.

You own Your Content. These Terms do not transfer ownership of Your Content to Touchstone.

You grant Touchstone a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, and display Your Content solely for the purpose of operating, maintaining, securing, troubleshooting, and providing the Services to you, and as otherwise described in our Privacy Policy.

Where you choose to share content with other users through Squads or other social features, this license extends as reasonably necessary to make that content available to those users.

This license exists so that we can run the Services. We do not use Your Content to advertise to you or to build advertising profiles, and we do not sell Your Content.

This license ends when Your Content is deleted, except as described in section 9.4.

You are responsible for Your Content. You represent and warrant that:

1. you have the necessary rights to submit Your Content;
2. Your Content does not infringe or violate the rights of any third party; and
3. Your Content does not violate these Terms or applicable law.

We do not routinely monitor Your Content, but we may review, remove, or restrict content that we reasonably believe violates these Terms or applicable law.

When you delete Your Content or close your account, we will delete or de-identify it in accordance with our Privacy Policy.

Copies may persist for a limited period in routine backups, and content you shared with other users may remain visible to them. We may also retain information where required by law or as reasonably necessary for security, fraud prevention, or dispute resolution.

If you send us suggestions, ideas, feature requests, or other feedback about the Services, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use that feedback for any purpose without obligation or compensation to you.

Please do not send us confidential information as feedback.

The Services operate on and depend upon third-party platforms, operating systems, and technologies, including Apple iOS, Google Android, Apple's Screen Time frameworks, app marketplaces, payment processors, and hosting providers.

We do not control these third parties. Changes to their platforms, policies, APIs, or availability may affect, limit, degrade, or discontinue features of the Services, and we are not responsible for those changes.

Your use of third-party services is governed by those third parties' own terms and privacy policies. We encourage you to read them.

The Services may link to third-party websites or resources. We provide those links for convenience and do not endorse, and are not responsible for, their content, products, or practices.

Touchstone is a behavioral awareness and digital wellness tool. It is not a medical device and does not provide medical, psychological, therapeutic, diagnostic, or other professional advice.

The Services are not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition, including any addiction, compulsive behavior, or mental-health condition.

Never disregard professional medical advice or delay seeking it because of something you read or experienced through the Services. If you are in crisis, contact a qualified professional or your local emergency services.

Touchstone does not guarantee any particular outcome, including reduced screen time, changed habits, improved focus, or improved wellbeing. Results depend on many factors outside our control, including your own choices.

As described in section 2.5, we do not guarantee that app-blocking or focus functionality will operate without interruption or that a restriction cannot be circumvented.

We do not warrant that the Services will be uninterrupted, timely, secure, error-free, or that defects will be corrected.

You should not rely on the Services for any purpose where failure or inaccuracy could result in harm, injury, or loss.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. Nothing in this section limits any separately provided hardware warranty or any mandatory consumer rights described in section 7.8.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NELUMBO LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO TOUCHSTONE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or under mandatory consumer-protection law.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.

The disclaimers and limitations in sections 11 and 12 are a fundamental basis of the agreement between you and Touchstone and apply even if a limited remedy fails of its essential purpose.

You may stop using the Services at any time and may close your account as described in section 4.6.

We may suspend or terminate your access to the Services, in whole or in part, if you materially violate these Terms, if we are required to do so by law, or if continued provision would create a security, legal, or safety risk.

Where practicable and lawful, we will give you notice and, where the violation is capable of being cured, an opportunity to cure it.

On termination, your licenses under these Terms end and you must stop using the App. Your Touchstone Device remains your property, though certain functionality may become unavailable as described in section 4.7.

Termination does not affect any refund, return, or warranty rights you have under section 7 or under applicable law.

Sections 8 through 20, and any other provision that by its nature should survive, will survive termination of these Terms.

Before starting an arbitration, you agree to first contact us at contact@touchstone.so and describe the dispute and the relief you seek, and to give us sixty (60) days to resolve it informally.

We will do the same before initiating arbitration against you. This step is a condition of starting arbitration, and the limitations period is tolled while it runs.

If we cannot resolve the dispute informally, you and Touchstone agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court.

The arbitrator, and not any federal, state, or local court, has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court may decide whether the class-action waiver in section 15.5 is enforceable.

The Federal Arbitration Act governs the interpretation and enforcement of this section.

This arbitration agreement does not apply to:

1. claims that qualify for and are brought in small-claims court, so long as the claim remains an individual claim in that court; or
2. claims for injunctive or equitable relief to stop actual or threatened infringement or misuse of intellectual property rights, which either party may bring in a court of competent jurisdiction.

The arbitration will be conducted by a single arbitrator. Unless you and Touchstone agree otherwise, any in-person hearing will take place in the county of your residence or, at your election, in Ohio. Arbitration may also proceed by telephone, videoconference, or on written submissions where the AAA rules allow.

Payment of filing, administration, and arbitrator fees is governed by the AAA Consumer Arbitration Rules. Where those rules require you to pay a filing fee that exceeds what you would pay to file in court, we will pay the difference.

The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

YOU AND TOUCHSTONE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

If this class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request must be severed and brought in court, and the remaining claims proceed in arbitration.

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND TOUCHSTONE EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

You may opt out of this arbitration agreement and the class-action waiver by sending written notice to contact@touchstone.so within thirty (30) days of the date you first accept these Terms.

Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration.

Opting out will not affect any other part of these Terms and will not affect your access to the Services or your relationship with Touchstone in any way.

To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim arises, or it is permanently barred.

If we make a material change to this section 15, you may reject the change by sending us written notice within thirty (30) days of the change taking effect, in which case the most recent version you accepted will continue to apply.

These Terms, together with our Privacy Policy and any additional terms expressly incorporated by reference, are the entire agreement between you and Touchstone regarding the Services, and supersede any prior agreements on that subject.

If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions remain in full force and effect.

Our failure to enforce a provision of these Terms is not a waiver of our right to enforce it later.

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental action, power or internet failures, or third-party platform outages.

We may provide notices to you through the App, by email to the address associated with your account, or by posting on our website. You may send notices to us at contact@touchstone.so or at the address in section 20.

These Terms do not create any third-party beneficiary rights, except as expressly stated for app stores in section 5.4.

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Touchstone.

You represent that you are not located in, and will not use the Services from, a jurisdiction subject to comprehensive sanctions, and that you are not on any applicable restricted-party list.

We want you to be able to try Touchstone without risk. If you are not satisfied with your Touchstone Device for any reason, you may return it within thirty (30) days of delivery for a full refund of the purchase price.

You do not need to explain why. This guarantee sits alongside the return process in section 7 and is the “separately provided” warranty referred to in section 7.6.

For the same thirty (30) day period, we warrant that the Touchstone Device will be free from defects in materials and workmanship under normal use.

The Device is a passive NFC device. It contains no battery and requires no charging, so it has no consumable components that degrade with use.

Email contact@touchstone.so within the guarantee period with your order number and, if the Device is faulty, a short description of the problem. We may ask for a photograph where it helps us understand the fault.

We will confirm next steps, including return instructions, after reviewing your request.

At our option, and taking your preference into account, we will:

1. refund the purchase price;
2. replace the Device; or
3. provide another remedy required by applicable law.

Refunds are issued to the original payment method. The time it takes to appear depends on your bank or payment provider.

This guarantee does not cover:

1. damage caused by misuse, abuse, accident, or use contrary to our instructions;
2. unauthorized modification or attempted repair;
3. ordinary cosmetic wear that does not affect function;
4. loss or theft after delivery; or
5. Devices purchased from someone other than Touchstone or an authorized reseller.

This guarantee is in addition to, and does not limit, any rights you have under consumer-protection law. If applicable law gives you a longer period or a stronger remedy than this section, that law applies. See also section 7.8.

Except as stated in this section and in section 7, and to the maximum extent permitted by applicable law, the Device is provided without further warranty, as described in section 11.4.