Legal

1. Terms of Service

Operator. TouchApp Inc. (EIN: 32-0615643; Delaware File No.: 7721589)

Address. 16192 Coastal Highway, Lewes, DE 19958, United States (Sussex County)

Acceptance. By creating an account, logging in, installing or using the PlasticTouch.tv platform or PWA app (the "Service"), you agree to:

• this Legal page,
• our Privacy Policy,
• any License terms that apply to paid downloads.

If you do not agree, do not use the Service.

Eligibility. You must be at least 18 years old and legally able to enter contracts for a medical practice, clinic, or business.

Account Security. You are responsible for all activity under your account, including activity by your staff. You agree not to share login credentials across clinics or entities unless you have purchased (or have been granted) the appropriate seat / multi-location rights.

Updates. We may update these terms at any time. Continued use after the "Effective date" means you accept the updated version.

2. Key Definitions

"Service" means the PlasticTouch platform (plastictou.ch), including the website builder, bio-link pages, TV waiting room system, AI Receptionist (chat and voice), 3D Animation Library, Before & After gallery, and all related tools, APIs, embeds, and the PWA app.

"Subscription Plan" means one of the five monthly plans (Bridge, Bridge Pro, Presence, Pro, or Ultimate) or add-ons (AI Receptionist, B&A Gallery, 3D Animation Library) that grant access to specific features while active.

"License" / "Licensed Content" means specific 3D animation(s) or bundles purchased as a one-time, perpetual commercial-use license. License includes downloadable files and limited editing / advertising rights under the License terms below.

"AI Receptionist" means the AI-powered chat and/or voice agent that answers visitor questions, captures booking enquiries, and operates on your website, bio-link page, or via phone number.

"Authorized Domain" means a domain you verify in your account (DNS/CNAME) that we whitelist for your full website or AI agent embed.

"Waiting-Room TV" means your looping playlist (procedures + custom slides you create) that is displayed on clinic screens via our TV pairing system (QR code or pairing URL).

"Bio-Link" means your mobile-optimized single-page profile at plastictou.ch/[shortcode], showing business info, services, gallery, and optionally an inline AI chat.

"PHI" means Protected Health Information (HIPAA-style patient-identifying info). We do not accept PHI in this platform.

3. Plans & Access

PlasticTouch offers five subscription plans, standalone add-ons, and a separate one-time 3D Animation License:

Subscription Plans

Standalone Add-Ons

These can be added to any base plan:

• AI Receptionist — $39/mo (AI Chat, booking, multilingual, embed on your own website)
• B&A Gallery — $19/mo (swipe slider embed, watermark & logo overlay)
• 3D Animation Library — $59/mo (watermark-free streaming, embed on website or TV — no downloads)

7-Day Free Trial

All new subscribers receive a 7-day free trial. During the trial:

• Full access to all features included in your chosen plan
• Payment information (credit card) is required at checkout
• Your card is not charged until the trial ends on day 8
• Cancel anytime before the trial ends to avoid being charged
• The trial is available once per account — returning subscribers are billed immediately

We may modify, pause, or discontinue trial terms at our discretion. Existing trials honor their original terms through expiration.

Watch App — Free & Premium Access

The PlasticTouch Watch app (plastictou.ch/watch) is a standalone PWA for browsing and viewing 3D surgical animations. It operates independently of dashboard subscription plans:

• Free access: Full-length watermarked streaming of all library animations. Display advertising may appear. No download or commercial use rights.
• Watch Premium (subscription): Watermark-free streaming of all library animations; no ads. Does not include download rights or commercial usage rights. A separate Animation License purchase is required to download and commercially use any animation.

Watch Premium is a streaming entitlement only. See the EULA for the distinction between streaming access and commercial license rights.

3D Animation Licenses (Perpetual / One-Time Purchase)

Licenses are separate from subscription plans and grant perpetual download and commercial usage rights. Three tiers are available:

All license tiers include: perpetual commercial rights, paid advertising use, social media, website hosting, in-office display, and patient consultations. Full terms for each tier are in the EULA.

Entity / Location Scope. A Standard License covers one legal entity at one location. You cannot forward files to partner clinics, agencies, networks, or other surgeons not under the same licensed entity. You cannot resell or sub-license files. Separate licenses are required for separate legal entities regardless of affiliation.

Full Custom Animation Service

A bespoke production service — PlasticTouch produces a new animation from scratch based on your procedure, branding, and specifications. This is not a license to an existing animation.

• Priced individually based on complexity, duration, and scope (typically from $2,500)
• 50% deposit required before production; 50% on delivery
• Includes a perpetual commercial license to the rendered output video file(s)
• PlasticTouch retains copyright to underlying 3D models and source assets unless full IP transfer is explicitly negotiated in writing
• Deposit is non-refundable once production has commenced

Full terms for custom animations are in the EULA — Section 3.

4. Payments

• All payments are processed by Stripe. We do not store full card data.
• Subscription plans are billed monthly. The first charge occurs after the 7-day trial period (for first-time subscribers) or immediately (for returning subscribers).
• 3D Animation Licenses are one-time (lifetime) purchases. They are not subscriptions and do not renew.
• AI Voice overage charges ($0.45/min for Pro, $0.35/min for Ultimate) are billed at the end of each billing cycle based on actual usage beyond the included minutes.
• We may change pricing, features, and plan packaging at any time, and we may offer or remove promotional trials.

5. Intellectual Property / Ownership

Copyright Protection. All PlasticTouch animations are developed in collaboration with board-certified plastic surgeons and are registered with the U.S. Copyright Office (copyright.gov) for federal copyright protection. Our work is protected under U.S. and international copyright law.

• All animations, models, narration, captions, code, and UI are protected by copyright and other IP laws. You are licensing access/usage. You are not buying ownership of the source models or the animation IP itself.
• You may not claim authorship of our 3D work.
• You may not re-sell our animations as standalone "educational assets," "stock footage," "before/after explainer bundles," or similar.
• You may not provide our raw files or high-res exports to any third party (including marketing agencies) unless:
  • your License explicitly covers agency/outsourced marketing use for your clinic, and
  • that agency is only using the assets to promote your clinic.
• We reserve the right to watermark, sign, token-gate, or audit playback at any time.
• Unauthorized use will be pursued under federal copyright law, including statutory damages and the $5,000 per-animation liquidated damages clause below.

6. Technical Protections / Domain Verification

You agree not to:

• bypass or remove watermarks,
• bypass domain or referrer checks for embeds,
• spoof an Authorized Domain to trick our player,
• scrape, download, or mass capture non-licensed content,
• remove or alter "Powered by PlasticTouch®" or similar notices where present,
• alter or strip any embedded tracking token, QR overlay, sharing limit, or view limit.

We may:

• revoke tokens,
• rotate embed codes,
• disable Waiting-Room TV links,
• suspend Share Links,
• or shut off Service access

to protect our IP or enforce these Terms.

We log usage events (views, scans, booking clicks, embed loads) for abuse detection, analytics, and billing.

7. Acceptable Use (Summary)

You agree that you will not:

• Use any content as medical advice or as a promise of surgical results.
• Use Share Links or streaming content in ads, on social media, in boosted posts, on public websites, or in paid marketing unless you have the proper License rights.
• Claim surgical techniques, steps, or visuals are "your original intellectual property" if they are our animations.
• Use the Service to generate misleading, deceptive, or non-compliant medical marketing.
• Violate any advertising laws, patient-consent laws, or professional conduct rules in your region.
• Upload or input Protected Health Information (PHI) or any directly identifying patient info. We are not a HIPAA Business Associate and we do not provide a BAA.
• Circumvent rate limits, security, or access controls.
• Attempt to reverse engineer, extract 3D assets, or re-render our models to resell them.
• Share embed tokens, kiosk links, or downloaded files with anyone outside the licensed clinic/location.
• Use Waiting-Room TV or Website Embed for content you do not have rights to (for example, using a video you never licensed or for which your subscription is not active, or that belongs to another clinic's license).

8. Medical / Educational Disclaimer

All content on PlasticTouch.tv — including animations, voiceovers, captions, printed slides, and Waiting-Room TV playlists — is educational only. It:

• is not medical advice,
• is not a diagnosis,
• is not a surgical training credential,
• does not replace clinical training, hands-on supervision, proctoring, fellowship, or licensure,
• does not guarantee outcomes,
• should not be used to consent a patient without surgeon explanation of risks, alternatives, and recovery expectations under applicable law.

Patients must be told to speak directly with a qualified clinician. You are solely responsible for what you tell or promise to your patients.

Doctor-Verified Descriptions. All procedure descriptions, voiceovers, and explanatory text provided alongside our animations have been reviewed and verified by board-certified plastic surgeons for medical accuracy. However, you are responsible for adapting this content to your specific patient, their unique anatomy, your surgical approach, and applicable local regulations.

Watermark Preview. Before purchase, all animations are available to preview in full length with a watermark. This allows you to see exactly what you are licensing or subscribing to access. By completing a purchase, you acknowledge that you have previewed the content and accept it as-is.

9. No PHI

Do not upload or enter PHI (patient names, birthdates, photos, MRNs, etc.) anywhere in titles, custom slides, kiosk playlists, booking overlays, QR overlays, or notes.

We do not offer a BAA and do not operate as a HIPAA-covered service. If you enter PHI anyway, you are fully responsible for that violation.

10. Premium Advertising / Compliance

You are solely responsible for:

• complying with local healthcare advertising rules,
• any required disclaimers in your jurisdiction,
• not promising specific surgical results or guaranteed outcomes,
• obtaining patient consent to show any before/after content or patient likeness you upload in custom slides,
• making sure your booking links / QR codes / CTAs comply with telemedicine, prescribing, and in-person consult rules in your country/state.

We are not liable if your use of our content violates medical board rules, consumer protection law, or advertising restrictions.

11. Liquidated Damages for Misuse

We invest substantial time and cost into surgeon-verified medical animations.

If you:

• rip, clone, re-record, mass-download, screen-record, or otherwise obtain watermark-free animation(s) without an active Free / Premium subscription or without a valid License for that animation,
• publicly repost, rehost, or promote the animation in marketing, ads, paid media, or on any website / profile / screen / kiosk / channel not covered by your active subscription or License,
• redistribute files or give them to an unlicensed clinic or agency,

then, in addition to all other rights and remedies (injunctions, DMCA takedowns, copyright damages, account termination, etc.), you agree that we may assess liquidated damages of USD $5,000 per animation, per unauthorized channel or location of use.

You agree this $5,000/animation/site number is:

• a reasonable estimate of actual harm (lost sales, brand dilution, enforcement cost),
• not a penalty,
• and is enforceable in addition to any statutory copyright damages we may pursue.

We may also immediately suspend or revoke your access.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR REPUTATION.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

THIS APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some places do not allow these limitations, so parts of this section may not apply to you.

13. Indemnification (User Liability)

TouchApp Inc. provides tools and services. You control how you use them. You are solely responsible for your use of the Service.

You agree to defend, indemnify, and hold harmless TouchApp Inc., its officers, directors, employees, contractors, affiliates, and agents from any and all third-party claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

• Share Link Usage: How you use, distribute, or share Share Links; who you send them to; what promises, medical claims, or representations you make when sharing them; and any patient harm, misrepresentation, or regulatory violation arising from your Share Link usage.
• Your content: Any content you upload, create, or add to the Service, including custom logos, clinic branding, Explainer Mode slides, custom text, images, videos, before/after photos, patient testimonials, or promotional materials.
• User-Generated Content in Explainer Mode: All text, images, claims, promises, medical information, and explanations you add to custom slide sequences. You are solely responsible for accuracy, medical compliance, patient consent, and adherence to advertising laws.
• TV Pairing & Waiting-Room TV Content: Security of pairing codes, unauthorized access from compromised codes, and all slides, titles, disclaimers, promotions, QR overlays, booking URLs, and messaging you display on your clinic screens.
• Marketing and Patient Representations: Any promises, guarantees, outcome claims, or medical advice you provide to patients using our animations or platform.
• Violation of Law: Your violation of any applicable law, regulation, medical board rule, advertising restriction, patient privacy law, or professional conduct standard.
• Breach of Terms: Your breach of these Terms, including but not limited to unauthorized use, misuse of Licensed Content, domain spoofing, watermark removal, or exceeding license scope.
• Third-Party Rights: Any infringement of third-party intellectual property, privacy, publicity, or other rights arising from your content or use of the Service.
• PHI Violations: Any unauthorized collection, storage, or disclosure of Protected Health Information (PHI) or patient data through the Service, despite our clear prohibition against entering PHI.
• Booking and Consultation Claims: Any claims arising from booking URLs, QR code overlays, consultation scheduling, or patient interactions initiated through the Service.

This indemnification obligation survives termination of your account and continues as long as any claim may arise from your use of the Service.

14. Termination / Suspension

We may suspend or terminate your access (including Share Links, Website Embed, and Waiting-Room TV streams) immediately if:

• we suspect misuse, security compromise, or fraud,
• invoices are unpaid,
• you breach License scope,
• or you violate Acceptable Use.

If we revoke a License for material breach, you must stop using and delete all copies of that Licensed Content.

You may cancel Free or Premium at any time in your Billing Portal. Cancellation stops future billing but does not trigger refunds unless required by law. License (one-time purchase) is non-refundable once files are delivered.

15. Governing Law & Venue

These Terms are governed by Delaware law. Any dispute must be brought in the state or federal courts located in Delaware, and you consent to that jurisdiction.

16. Survival

Sections relating to intellectual property, acceptable use, license restrictions, payment, limitation of liability, indemnification, governing law & venue, and liquidated damages survive termination of your account.

17. Subscription Plan Terms

General Terms (All Plans)

• All plans are billed monthly. Cancel anytime from Dashboard → Billing.
• First-time subscribers receive a 7-day free trial. Card information is required at checkout; you are not charged until day 8.
• If you cancel during the trial, you are not charged and access continues until the trial end date.
• Returning subscribers (who had a prior subscription) are charged immediately — no second trial.
• Feature access is determined by your active plan tier. Higher plans include all features of lower plans.
• Base plans are mutually exclusive — you can only have one active base plan at a time.

3D Animation Library Access (via Subscription)

With an active Pro, Ultimate, or 3D Library Add-on subscription:

• You can stream all 3D animations watermark-free inside the platform.
• You can embed animations on your website or TV Waiting Room.
• You do NOT receive downloadable source files or commercial editing rights — for that, purchase a License.
• If your subscription ends, embedded animations and TV playback will stop displaying.

AI Agent Terms

• AI Chat is powered by OpenAI. Visitor messages are processed by OpenAI under their terms. We do not use conversation content to train AI models.
• AI Voice is powered by Vapi.ai. Voice call audio is processed by Vapi.ai under their terms.
• You control whether and how the AI agent is deployed. You are responsible for the accuracy of information in your business profile that the AI uses to answer questions.
• Booking intake captured by the AI agent is stored in your dashboard. You are responsible for responding to booking requests in a timely manner.
• AI Voice minutes are tracked per billing cycle. Overage is billed at the rate specified by your plan ($0.45/min for Pro, $0.35/min for Ultimate).

Cancellation & Data

• When you cancel, access continues until the end of the current billing period.
• Your data (profile, gallery, content, booking history) is preserved. If you resubscribe, everything resumes.
• Your website, TV presentation, and AI agent stop working when the subscription expires.
• Licensed (purchased) 3D animation files remain yours permanently regardless of subscription status.

18. Perpetual License Agreement

Nature. A License is a one-time, perpetual commercial-use license for specific animation(s) or a bundle. All licenses are lifetime purchases with no recurring fees.

18.1 License Tiers

PlasticTouch offers three license tiers for 3D animations:

A. Single Clinic License. Covers one legal entity and one physical practice location. Includes:

• HD MP4 download (1080p, watermark-free),
• use on your clinic website and waiting room TV,
• patient consultations and in-office displays,
• limited editing (crop, trim, captions/subtitles, your clinic logo).

Single Clinic License does not include rights for: multiple locations or franchises, social media advertising, YouTube, paid ad campaigns, or use by marketing agencies.

B. Marketing & Multi-Clinic License. Covers unlimited locations, franchises, and marketing use. Includes everything in Single Clinic, plus:

• unlimited clinic locations and franchise branches,
• social media profiles (Instagram, TikTok, Facebook, YouTube, etc.),
• paid advertising campaigns (Google Ads, Meta Ads, etc.),
• presentations, conferences, lectures, and marketing materials,
• use by your marketing agency or media team on your behalf.

C. Studio Custom License. A bespoke license negotiated individually. May include custom branding, intro/outro with your logo, 4K rendering, custom head model integration, and other tailored modifications. Terms are defined in a separate written agreement between you and TouchApp Inc.

18.2 Grant of Rights

Subject to payment in full, we grant you a non-exclusive, non-transferable, perpetual license to use the animation(s) within the scope of your purchased tier. You may:

• download clean HD masters (1080p),
• edit them in limited ways (crop, trim, captions/subtitles, your clinic logo, combining two of our licensed clips into your own procedure explanation),
• use them in accordance with your tier scope forever.

18.3 Upgrading

You may upgrade from a Single Clinic License to a Marketing & Multi-Clinic License at any time by paying the full Multi-Clinic price. The upgrade replaces your existing license and grants the expanded rights immediately.

18.4 No Resale / No Network Distribution

Regardless of tier, you cannot:

• resell our animation(s) as stock,
• upload our animation(s) to any shared "content library" for other surgeons/agencies,
• share or gift our files to another clinic or surgeon that is not licensed,
• claim you created the 3D work.

18.5 Scope Enforcement

If you hold a Single Clinic License and use the animation in ways that require a Multi-Clinic License (e.g., social media ads, multiple locations), this constitutes a breach. You must either upgrade or cease the unauthorized use immediately.

18.6 Complimentary Trial

A License may include a complimentary Premium-style streaming trial (for example, 7 days watermark-free streaming inside our platform). After that trial ends, streaming / Share Link privileges may end, but your License to use the downloaded files continues permanently.

18.7 Revocation for Breach

If you materially violate any of the above (misuse, redistribution, scope violation, etc.), we may:

• revoke streaming access,
• revoke future downloads,
• demand takedown,
• and enforce liquidated damages ($5,000 per animation per unauthorized channel/location) in addition to copyright claims.

19. Hosted Share Links, Website Embed & Waiting-Room TV

Share Links

• Built for 1-to-1 or small group patient education.
• Time-limited, device-limited, and view-limited.
• You are solely responsible for how you use Share Links, including who you send them to, what promises or medical claims you make when sharing them, and ensuring compliance with advertising and medical practice laws.
• You are not allowed to embed Share Links publicly, post them to social media, or run them in paid ads.
• We may watermark, track, or block Share Links at any time.
• TouchApp Inc. has zero liability for any content shared via Share Links or any claims arising from your use of Share Links.

Website Embed

• Available only while Premium is active and only on Authorized Domains that pass verification.
• You may not iframe or rehost our streaming player on any non-authorized domain, marketing microsite, landing page vendor, "book now" funnel, lead-gen ad landing page, etc. unless that exact domain is authorized.
• If you stop paying for Premium, embed playback may immediately stop.

Waiting-Room TV & Pairing

• Waiting-Room TV is for in-practice, clinic-facing patient education (looping playlists).
• TV Pairing Security: Pairing is done via time-limited 6-character pairing codes that expire after a short period. You are solely responsible for:
  • keeping pairing codes secure and not sharing them publicly,
  • any unauthorized access resulting from code sharing or exposure,
  • all content displayed on paired screens,
  • revoking access immediately if a code is compromised.
• TouchApp Inc. is not responsible for: unauthorized TV pairings, compromised pairing codes, or any content displayed through paired devices.
• You can add slides, titles, explanations, post-op tips, disclaimers, promotions, and images/video snippets you upload. You are responsible for making sure that content is medically compliant and legally allowed in your region.
• You must not insert PHI into slides.
• We are not responsible for what you show on your screens.
• We may display "Book now" QR overlays that link to your booking URL. You are responsible for what that booking URL promises and collects.

Explainer Mode (Custom Slide Sequences)

• Explainer Mode allows you to create custom educational slide sequences for kiosk displays by adding your own text, images, and explanations alongside our animations.
• You are solely and exclusively responsible for all content you add. This includes text, images, claims, promises, medical accuracy, regulatory compliance, patient consent for any before/after photos, and adherence to advertising laws.
• We provide the tool; you control the content. We do not review, approve, or endorse your custom slides.
• By using Explainer Mode, you agree to indemnify and hold TouchApp Inc. harmless from any claims arising from your custom content.

20. Refunds & Pricing Notice

Subscriptions

• No Refunds. All subscription payments are final and non-refundable once activated, except where explicitly required by applicable consumer protection law (for example EU/UK statutory withdrawal rights within 14 days IF you have not yet started using the service). By subscribing, you expressly agree to immediate access and waive any cooling-off period to the maximum extent permitted by law.
• Cancel any time to stop future billing. Access will continue until the end of the paid period.
• Pricing, features, and limits may change. We may introduce usage limits, domain limits, TV screen limits, or AI voice minute quotas.

Licenses (Digital Downloads)

• License purchases are one-time and non-refundable once download links are delivered or download begins.
• Because this is digital content delivered instantly for commercial use, you acknowledge you waive any standard "cooling off" or withdrawal period to the maximum extent allowed by law.
• If a file is technically corrupted and we cannot provide a working replacement, contact billing@plastictou.ch.

Taxes

Prices may not include taxes. Stripe may calculate and add applicable taxes automatically.

21. Security & Responsible Disclosure

If you discover a potential security issue, email abuse@plastictou.ch with details. Do not publicly disclose until we confirm a fix.

22. Accessibility Statement

We aim for reasonable accessibility (WCAG 2.1 AA where feasible). If you encounter an accessibility barrier, contact support@plastictou.ch and we'll review.

23. Contact

TouchApp Inc.

16192 Coastal Highway

Lewes, DE 19958

United States (Sussex County)

EIN: 32-0615643 • Delaware File No.: 7721589