MOCA Systems, Inc.
MOCA Systems, Inc. – Terms of Service
- Last Update Date:
01
ACCEPTANCE OF TERMS.
MOCA Systems Inc. (MOCA) owns and operates the website: https://touchplan.io (Site). The Site and the services available at the Site, and all updates, modifications, enhancements and improvements to any of the foregoing are collectively referred to as the Service. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (Terms of Service). The Terms of Service shall be deemed to include MOCA’s then-current privacy policy and MOCA’s copyright policy. These terms shall apply to exclusion of any terms set forth in any purchase order or other similar document and all such terms are hereby rejected.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT DOWNLOAD ANY MOBILE APP OR OTHERWISE ACCESS OR USE ANY OTHER PART OF THE SERVICE. COMPLETING THE REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE SITE OR ANY OTHER PART OF THE SERVICE WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT MODIFICATION.
02
ELIGIBILITY; FEES AND PAYMENT.
You must be at least 18 years of age to use the Service. If you do not so qualify, you are prohibited from accessing, using and registering for the Service. All access to and use of the Service is subject to your execution of an applicable order form with MOCA (Order Form) and payment of any applicable fees in accordance with the prices and payment policies set forth on the Order Form. Each person who registers as a holder of a MOCA account (Account Holder) may only use the Service during the service term specified in an the Order Form for that account (Service Term) and subject to any other terms and conditions set forth in such Order Form. Each person who is designated by the Account Holder an authorized user of such MOCA account (Authorized User) may only use the Service in connection with the Account Holder’s account during such Service Term. In addition to the applicable fees, the Account Holder shall be responsible for any and all sales, use or similar taxes applicable to the use of the Service by the Account Holder and any Authorized Users (as defined below). Please note that if you are given access to the Service on a free trial or evaluation basis, any templates, sample projects or other information or tools made available via the Service are for non-productive, non-commercial evaluation purposes only. MOCA reserves the right to charge the then-current fees for any productive or commercial use of the Service in violation of the preceding sentence.
03
REGISTRATION.
The term Users includes all registered and unregistered users that access or use the Service. To ensure the integrity of the Service, each User who completes the account registration process must provide MOCA with current, complete and accurate information, as more specifically required by the then current registration procedures. Users may be required to provide their name, company name, username, password, and legitimate electronic mail address. If you are registering as the holder of a MOCA account (Account Holder), you may also be required to provide the names and email addresses of all Authorized Users. The Account Holder and Authorized Users shall maintain and update their registration data from time to time, to ensure that it is always current, complete and accurate. MOCA may refuse to accept any potential Account Holder and/or Authorized User application to register in its sole discretion. Each Account Holder and Authorized User is solely responsible for maintaining the confidentiality of its user name and password and will be solely liable for any and all activities under its account. Such Users shall be responsible for keeping all of their account information up-to-date and shall notify MOCA immediately of any unauthorized use of their account or any other breach of security.
04
PRIVACY.
MOCA’s current Privacy Policy shall apply to any use of the Site other aspect of the Service. MOCA will not disclose the contents of any User Content (as defined below) unless (a) reasonably necessary to perform the Service, (b) authorized by the User, (c) otherwise permitted under these Terms of Service or the Privacy Policy or (d) MOCA reasonably believes that such action is necessary to (i) conform or comply with any legal, regulatory, law enforcement or similar requirement or investigation, (ii) protect or defend the rights or property of MOCA or any User or (iii) enforce the Terms of Service.
05
CHANGES.
MOCA reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. MOCA will use reasonable efforts to notify Users of any material change at least 30 days in advance of the effective date of any change by sending email to the email address associated with the User’s account or posting a notice of such change to the Site. Continued use of the Service following notice of any change to the Terms of Service constitutes User’s acceptance of those changes. The Terms of Service may not otherwise be amended, except by a written agreement executed by User and MOCA.
06
USER RULES AND CONDUCT.
The Service is provided to Users only for their internal business purposes or other personal, noncommercial use. Any unauthorized use of the Service is expressly prohibited. Each User is solely responsible for all acts or omissions that occur under its account, username or password. Each User agrees not to (a) upload, post, submit or otherwise distribute or facilitate distribution of any User-supplied content (including text, communications, software, photographs, videos, sound recordings, data or other information) (User Content) that: • is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, pornographic, profane or which otherwise violates the Terms of Service; • infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party; • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), chain letters or any form of lottery or gambling; • imposes an unreasonable or disproportionately large load on MOCA’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, or any user accounts, computer systems or networks connected to the Service, through password mining or otherwise; • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of MOCA or any third party; • creates User accounts by any automated means or under false or misleading pretenses; • harvests, scrapes or collects any information from the Site; • seeks to solicit information from or about minors; • disguises the source of any User Content; or • impersonates any person or entity. MOCA may, at its sole discretion, immediately suspend or terminate any User’s access to the Service should its conduct fail (or appear to fail) to strictly conform to any provision of this Section.
07
SUPPORT.
MOCA shall provide Users with reasonably requested customer support in accordance with its then-current support policy as described in this Section. Support shall be limited to reasonable assistance in using the Service in accordance with any documentation provided by MOCA and shall be provided via email during MOCA’s regular business hours. To initiate a request for support, Users must email [email protected]. MOCA will use reasonable efforts to respond to requests for support within 1 business day.
08
CONTENT.
MOCA has no obligation to monitor the Service or any User’s use thereof. However, MOCA reserves the right at any time and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including law enforcement). MOCA does not undertake to pre-screen, authenticate, validate, monitor, moderate or edit any User Content. However, MOCA and its agents have the right, at their sole discretion, to remove in whole or in part, at any time, any User Content that, in MOCA’s judgment, does not comply with the Terms of Service, or as reasonably necessary to comply with its obligations under the Copyright Policy. MOCA is not responsible for any failure or delay in removing any such User Content. MOCA will use reasonable efforts to safeguard User Content from unauthorized use or disclosure while it is under MOCA’s control. However, MOCA cannot guarantee the security of any User Content and cannot ensure that the Service and any telecommunication or computer systems used by or in connection with the Service will be completely secure.
09
PROPRIETARY RIGHTS.
User acknowledges and agrees that the Service and all content and materials created by or for MOCA and made available via the Service are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and MOCA (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. User may only use the Service for its own internal business purposes and in accordance with, and as contemplated by, any documentation provided in connection therewith. User shall not (a) use any part of the Service to specify, design or develop any similar hardware, software, data or documentation, (b) permit any part of the Service to be inspected or used by any of its employees who are or will be engaged in Evaluator’s own efforts to specify, design or develop any similar hardware, software, data or documentation, (c) decompile, disassemble or otherwise reverse engineer any part of the Service, or use any similar means to discover the design, source code or trade secrets therein, or otherwise circumvent any technological measure that controls access thereto, (d) encumber, sell, sublicense, rent, modify, distribute, transfer, disclose, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Site or any other part of the Service, unless and only to the extent expressly authorized by MOCA in writing, (e) use any part of the Service in any commercial product or service, or (f) permit any third party to do any of the foregoing. User shall not obscure, alter or remove any proprietary or legal notice displayed by or contained on or in any part of the Service, or take any other action inconsistent with MOCA’s ownership thereof. In addition, User agrees that it will not (and that it will not permit any third party to) use any information or other knowledge gained through use of the Service to provoke an interference with any patent application that MOCA has filed with respect to any part of the Service, or to amend any claim in any pending patent application to expand such claim to read on, cover or dominate any invention (whether or not patentable) related to the Service.
10
LICENSE OF USER CONTENT TO MOCA.
By uploading, posting, submitting or otherwise distributing User Content of any kind to the Site or otherwise via the Service, each User hereby grants and agrees to grant MOCA and its affiliates and licensees a non-exclusive, transferable, perpetual, irrevocable, royalty-free, worldwide right and license to: use, reproduce, distribute, display, perform and transmit User Content, in any form (and to permit any third party service providers to do all of the foregoing on MOCA’s behalf), for the purposes of operating the Service. In addition, MOCA may aggregate such User Content with User Content from other Users in order to analyze such aggregate User Content. MOCA may disclose aggregate measures of the User Content and summaries, analyses and other information based on such aggregated User Content, but not in any manner that will personally identify any User or the source of such User Content. User represents and warrants that User owns or otherwise controls all rights to such User Content (or has the right to use such User Content in connection with the Service) and that use of the User Content by MOCA will not infringe or violate the rights of any third party. User acknowledges and agrees that the User Content will be made available to, and may be used by, the Account Holder and any Authorized Users designated by the Account Holder. The foregoing license permits MOCA to make such User Content available to such other Users. The Service may provide each User with the ability to remove some or all of the User Content posted by such User. Following any such removal, MOCA will use commercially reasonable efforts to discontinue any further display, performance and distribution of such User Content by MOCA ; provided, however, User acknowledges and agrees that MOCA may continue using such User Content in the same manner and for the same purposes as it did prior to removal of such content (such as, for example, aggregating such content and creating aggregate measures of usage) and that MOCA shall have no responsibility or liability in respect of any content that has been exported by MOCA or shared with other Users via the Service or that has been downloaded or copied by Users to other websites, systems and devices. MOCA may, from time to time, publish case studies or otherwise highlight real-world uses of the Service. You agree to reasonably cooperate with MOCA in developing such case studies and promotional materials, and you hereby consent to MOCA’s use of your Company’s name in connection with the same.
11
TERM; TERMINATION.
This Agreement shall remain in effect for the Service Term. If more than 1 Order Form is in effect with respect to a particular User, the Agreement shall remain in effect until the expiration or termination of the last such Order Form. Notwithstanding the foregoing, MOCA may terminate access to the Service, in whole or in part, and/or may terminate this Agreement, in whole or in part, at any time, upon at least 30 days advance written notice by email to the email address associated with the User’s account or posting a notice of such change to the Site. In addition, MOCA may terminate this Agreement and your access to the Service upon 10 days advance written notice in the event the applicable fees for the Service are not paid when due. In the event of termination of this Agreement for any reason, unless this Agreement is terminated for the applicable User’s breach, MOCA will refund to Users any amounts actually pre-paid by Users to MOCA for the terminated portion of the Service to the extent such amounts have not been incurred prior to the date of termination of the applicable portion of the Service. Upon any termination of this Agreement, all rights and obligations of the parties shall cease and User shall immediately cease using the Service, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of the Terms of Service shall survive and (b) the provisions of Sections 8-17 shall survive. Termination shall not relieve the Account Holder of any accrued payment obligations, which shall be due and payable upon termination. Account Holder shall be responsible for any reasonable costs of collection incurred by MOCA to collect any amounts not paid when due. After termination, MOCA has no obligation to maintain any content in User’s account and may delete such content at any time. Users should be sure to download any User Content from their MOCA account prior to termination.
12
DISCLAIMER OF ALL WARRANTIES.
ALL ASPECTS OF THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. MOCA AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USER’S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK. MOCA will use commercially reasonable efforts to protect User Content from unauthorized access or use. However, Users acknowledge and agree that MOCA cannot guarantee the security of the Service.
13
LIMITATION OF LIABILITY.
Except to the extent MOCA fails to use commercially reasonable efforts to protect User Content from unauthorized access or use, User agrees that MOCA shall not be responsible or liable for any unauthorized access to, alteration or use of User’s account, transmissions or data, or any material or data that is sent or received (or that is not sent or received) through the Service. IN NO EVENT SHALL MOCA (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE SITE, MOBILES APPS OR OTHER ASPECTS OF THE SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS PAID TO MOCA BY USER (AND RETAINED BY MOCA HEREUNDER DURING THE PREVIOUS 12-MONTH PERIOD) OR US$50.00, WHICHEVER IS GREATER, EVEN IF MOCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
14
INDEMNIFICATION.
MOCA agrees to (a) defend User and its employees, contractors, officers, directors and representatives (User Indemnitees) against any action or suit by a third party to the extent it claims that any part of the Service (excluding any User Content) infringes or misappropriates the intellectual rights of such third party and (b) indemnify User for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim, except to the extent such claim arises out of or results from any breaches of this Agreement by any User Indemnitees or any negligence, gross negligence or willful misconduct of any User Indemnitees. User agrees to (a) defend MOCA and its employees, contractors, officers, directors and representatives against any action or suit by a third party that arises out of any transaction or interaction of User with any other User or other third party, User’s use or misuse of the Service, or User’s breach of any of its representations, warranties or covenants under this Agreement and (b) indemnify MOCA for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim. Each party shall provide prompt written notice of any claim for which it seeks indemnification and shall cooperate with all reasonable requests for assistance from the other party in defending or settling any such claim.
15
DISPUTES.
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in any dispute resolution or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms of Service are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in the Commonwealth of Massachusetts. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND MOCA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
16
GENERAL PROVISIONS.
The Terms of Service (including the Privacy Policy and the Copyright Policy) are the entire agreement between User and MOCA with respect to access, use and operation of the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between User and MOCA with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. User’s rights and obligations under the Terms of Service are personal to User, and are not assignable, transferable or sub-licensable by User except with MOCA’s prior written consent. MOCA may assign, transfer or delegate any of its rights and obligations hereunder without consent. This Agreement will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service, and neither party has any authority of any kind to bind the other in any respect. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
17
PUBLICITY RIGHTS.
Unless otherwise agreed in writing, Client grants MOCA Systems, Inc. and its affiliates (collectively, “MSI”) a non-exclusive, worldwide, royalty-free right to use Client’s name and logo in MSI’s client lists, website, marketing materials, and social media channels. MSI may also issue a high-level press release announcing the relationship and the general nature of Client’s use of the MSI Services, provided that MSI does not disclose any confidential information or attribute quotes to Client without separate written consent.
Client may revoke MSI’s right to use its name or logo in future materials at any time by providing written notice to [email protected]. MSI will cease using the name and logo in new marketing or promotional materials within a commercially reasonable period following receipt of such notice. This revocation shall not apply retroactively to materials already published or in final production.
18
COMMUNICATIONS.
By creating an account or otherwise providing us with your contact information, you agree to receive service related and account related communications. You may also receive marketing communications in accordance with our Privacy Policy, which includes information on how to manage your preferences.
19
CONTACT.
If you have questions about the Service or these Terms of Use, you may contact MOCA at: MOCA Systems, Inc., 50 Congress St., Ste. 230, Boston, MA 02109. [email protected]
MOCA Systems Inc – Privacy Policy
- Last Update Date:
MOCA Systems Inc. (MOCA) owns and operates the website: https://touchplan.io (Site). The Site, the services available at the Site, any mobile applications that are made available by MOCA (if any) (Mobile Apps), and all updates, modifications, enhancements and improvements to any of the foregoing are collectively referred to as the Service. The following policy explains how MOCA may collect, use and disseminate information obtained from Users of the Service. Capitalized terms used herein without definition will have the same meanings as defined in the Terms of Service applicable to the Service, which are available at: Terms of Service
01
Information Collected.
MOCA collects any User Content that you upload, post, submit or otherwise distribute to or through any aspect of the Service. When you visit the Site or use Mobile Apps, web servers collect general information about your visit (such as, for example, traffic data like time, date and the address of the website from which you entered the Site), which is stored as anonymous, aggregate data. MOCA also collects more specific information about you and your use of the Service (such as, for example, demographic data, profile data and frequency or duration of use). Collecting such data (collectively, Traffic Data) may entail the use of software programs, web beacons, pixel tags, Cookies (as defined below), IP addresses or other numeric codes used to identify a computer. Mobile Apps may also collect and transmit to MOCA information about your location which is used in connection with your use of the Service. Such information is considered Traffic Data under this Privacy Policy. At no time will MOCA’s Mobile Apps access, collect or store any of the personal contacts or photographs or any other information stored on your mobile device without your permission. When you register for the Service via the Site or through the Mobile Apps, our registration process may require you to provide your name, company name, username, password, legitimate electronic mail address and certain additional information (collectively, Registration Data). If you are using any part of the Service for which MOCA charges fees, you will also be required to provide your credit card number and billing information. If you are registering as the owner of a MOCA account, you may also be required to provide the names and email addresses of individuals to whom you would like MOCA to provide access to your account.
02
EU Residents.
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined in the section below entitled “Additional Rights for EU Residents”.
03
Children.
MOCA will not knowingly collect any personally identifiable information from any person that is actually known to us to be under the age of 18. If MOCA becomes aware that a person under 18 has provided personally identifiable information, it will take steps to remove such information and terminate the respective account.
04
Use of Information.
MOCA uses Traffic Data to help diagnose problems with its web servers, to administer the Service and to analyze User trends and behaviors. MOCA will share Traffic Data with certain third parties for the purposes of technical and customer support. In addition, MOCA will share aggregated User information and Traffic Data with certain third parties, including but not limited to, advertisers, investors and content distributors. Except as set forth below, at no time will any personally identifiable information be shared with any third party by MOCA. Your IP address is not linked to personally identifiable information, but is used to gather broad demographic data and to monitor statistics to improve the Service. MOCA uses Registration Data to contact you with information about the Service and to respond to your inquiries. MOCA uses User Content to provide the Service to you (e.g., sharing User Content with other Users who are authorized to see such User Content) and in anonymous, aggregated form to analyze usage patterns and to customize the Service and content that Users see on the Service. MOCA may use and disclose such aggregated, anonymous measures to advertisers, partners, and other third parties in the course of MOCA’s business.
05
Sharing of Personally Identifiable Information.
Currently, MOCA will not share personally identifiable information with any third party for commercial purposes that are not related to the Service. MOCA may, however, disclose personally identifiable data if (1) reasonably necessary to perform the Service, (2) authorized by you, (3) permitted under this Privacy Policy or (4) MOCA is required to do so by law or regulation, or in the good faith belief that such action is necessary (i) to conform or comply with any legal, regulatory, law enforcement or similar requirement or investigation, (ii) to protect or defend the rights or property of MOCA or any other User or (iii) to enforce the Terms of Service.
06
Business Transfers.
MOCA may transfer Traffic Data and Registration Data (including personally identifiable information) and User Content to any successor to all or substantially all of its business or assets that concerns the Service. In the event of such a transfer, such successor will have all of the rights and be subject to all of the obligations of this Privacy Policy, including, without limitation, the right to modify or replace this Privacy Policy, as provided herein.
07
Security.
Information collected by MOCA is stored in secure operating environments that are not made generally available to the public. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, MOCA cannot ensure the security of any information you provide, and you do so at your own risk. Once MOCA receives your transmission, it will make reasonable efforts to ensure its security on MOCA’s systems.
08
Third Party Sites and Mobile Applications.
The Service may permit you to link to other websites on the Internet, and other websites and mobile applications may contain links to the Service. These other websites and mobile applications are not under MOCA’s control. The privacy and security practices of websites and mobile applications linked to or from the Site are not covered by this Privacy Policy, and MOCA is not responsible for the privacy or security practices or the content of such websites and mobile applications.
09
IP Addresses and Cookies.
MOCA uses your IP address to help diagnose problems with its web servers and administer the Site. Your IP address is used to help identify you and to gather demographic information. IP addresses are also used to provide an audit trail regarding use of the Service. “Cookies” are pieces of information that a website transfers to your computer’s hard disk for record-keeping purposes. Cookies in and of themselves do not personally identify users, although they do identify a user’s computer. You may be able to set your web browser to refuse Cookies, which in turn may affect your ability to access and use the Service. Third parties who provide advertising using the Service (if any) may also use Cookies for the purpose of collecting and storing information. MOCA does not have access to or control over third party advertisers’ use of Cookies. You may be able to opt-out of some of these practices through the Network Advertising Initiative (www.networkadvertising.org), and/or PrivacyChoice (www.privacychoice.org).
10
Termination.
If you terminate your registration, or if your registration is terminated for any reason by MOCA, copies of your User Content may remain on MOCA’s systems. MOCA may continue to use such information as permitted under this Privacy Policy even after you terminate your registration.
11
Changes.
MOCA reserves the right, at its sole discretion, to modify or replace this Privacy Policy, in whole or in part, at any time. MOCA will use reasonable efforts to notify you of any material change at least 30 days in advance of the effective date of any change. Change notices may be communicated by postings at the Site or by electronic mail. In any case, you should periodically check the Privacy Policy for changes. Continued use of the Service following such notice of any change to the Privacy Policy constitutes your acceptance of those changes. Information collected by the Service is subject to the Privacy Policy in effect at the time of use. You may correct or otherwise change your Registration Data by contacting MOCA, as provided below.
12
Marketing Communications.
We may use your contact information, such as your name and email address, to send you updates about our services, product announcements, promotions, newsletters, and other marketing content that we believe may be of interest to you. You can opt out of receiving marketing emails from us at any time by following the unsubscribe instructions included in each message or by contacting us directly at [email protected]. Please note that even if you opt out of marketing communications, we may still send you non-promotional emails regarding your account or transactions with us.
13
Contact.
If you have questions about the Service or these Terms of Use, you may contact MOCA at:
MOCA Systems, Inc., 50 Congress St., Ste. 630, Boston, MA 02109. [email protected]
MOCA SYSTEMS INC. – COPYRIGHT POLICY
- Last Update Date:
MOCA Systems Inc. (“MOCA”) owns and operates the website: http:///touchplan.io (“Site”). The Site, the services available at the Site, any mobile applications that are made available by MOCA (if any) (“Mobile Apps”), and all updates, modifications, enhancements and improvements to any of the foregoing are collectively referred to as the “Services”.
MOCA has adopted the following policy (“Copyright Policy”) toward copyright infringement with respect to the Services in accordance with the Digital Millennium Copyright Act (Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998)), a summary of which that was prepared by the U.S. Copyright Office is located at http://www.copyright.gov/legislation/dmca.pdf.
The address of MOCA’s Designated Agent to Receive Notification of Claimed Infringement (the “Designated Agent”) is listed at the end of this Copyright Policy.
MOCA will (1) disable access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any user; and (2) terminate the account and access to the Services of any repeat offender. This policy applies to all aspects of the Services.
01
Reporting Copyright Infringements.
If you believe that material or content residing or accessible on the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent:
1. Identification of the specific aspect of the Services to which the notice pertains.
2. Identification of the work or material being infringed.
3. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that MOCA is capable of finding and verifying its existence.
4. Contact information about the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address.
5. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
6. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
7. The Notifying Party’s physical or electronic signature.
02
Responding to Complaints.
After notification of an alleged infringement is received by the Designated Agent:
1. MOCA will remove or disable access to the allegedly infringing material.
2. MOCA will then immediately notify the user responsible for the allegedly infringing material (the “Offending User”) that it has removed or disabled access to the material.
3. If the Offending User is a repeat offender, MOCA will immediately terminate such user’s account and access to the Services in addition to removing the infringing material.
03
Right to Dispute.
After notification of an alleged infringement is received by the Designated Agent:
1. MOCA will remove or disable access to the allegedly infringing material.
2. MOCA will then immediately notify the user responsible for the allegedly infringing material (the “Offending User”) that it has removed or disabled access to the material.
3. If the Offending User is a repeat offender, MOCA will immediately terminate such user’s account and access to the Services in addition to removing the infringing material.
04
Designated Agent to Receive Notification of Claimed Infringement.
Michael Sullivan
Information Security and Privacy
- Last Update Date:
01
Overview
Touchplan’s browser based services are offered for use on a variety of devices, including desktop and laptop computers, tablets and mobile phones.
Our customers are corporations (including building owners, general contractors and trade contractors) who authorize specific end-users by inviting them to use our services. Invitations are sent as emails initiated from our service. Each user provides us basic, standard contact information that allows us to properly bill, sell to, market to and provide customer service to them throughout their relationship with our company. Data in transit between end-user devices and our system are encrypted. We rely on third party service providers for data storage, data processing equipment and for some of the data processing software that governs some end-user interaction.
Where our services are accessed directly by our users, they comply with the following standards:
ISO 27001, ISO 27017, ISO 27018, SOC 1, SOC 2, SOC 3
02
User Authentication
Users are authenticated using a unique six character minimum password that they choose.
03
Authorization
Users are authenticated using a password that includes the following requirements:
- At least 10 characters long
- At least one lowercase letter
- At least one uppercase letter
- At least one special character
04
Data Privacy
Data in transit between client machines and our system are encrypted using HTTPS. Data residing in our persistent transaction and analytical databases are encrypted at rest.
05
Operational Monitoring
We monitor our system continuously. We have established thresholds for excess resource usage that may be indicators of a deliberate attack on our systems and alert in real-time as these thresholds are exceeded.
All of our code is periodically scanned for potential exploits using static and dynamic analysis. We contract for annual, third party, manual penetration testing. We promptly address any vulnerabilities discovered through these activities.
MOCA Systems, Inc. – Cookie Policy
Our website, https://touchplan.io (hereinafter: “the website”) uses cookies and other related technologies (for convenience all technologies are referred to as “cookies”). Cookies are also placed by third parties we have engaged. In the document below we inform you about the use of cookies on our website.
1. What are cookies?
A cookie is a small simple file that is sent along with pages of this website and stored by your browser on the hard drive of your computer or another device. The information stored therein may be returned to our servers or to the servers of the relevant third parties during a subsequent visit.
2. What are scripts?
A script is a piece of program code that is used to make our website function properly and interactively. This code is executed on our server or on your device.
3. What is a web beacon?
A web beacon (or a pixel tag) is a small, invisible piece of text or image on a website that is used to monitor traffic on a website. In order to do this, various data about you is stored using web beacons.
4. Cookies
4.1 Technical or functional cookies
Some cookies ensure that certain parts of the website work properly and that your user preferences remain known. By placing functional cookies, we make it easier for you to visit our website. This way, you do not need to repeatedly enter the same information when visiting our website and, for example, the items remain in your shopping cart until you have paid. We may place these cookies without your consent.
4.2 Statistics cookies
We use statistics cookies to optimize the website experience for our users. With these statistics cookies we get insights in the usage of our website. We ask your permission to place statistics cookies.
4.3 Advertising cookies
On this website we use advertising cookies, enabling us to gain insights into the campaign results. This happens based on a profile we create based on your behavior on https://touchplan.io. With these cookies you, as website visitor, are linked to a unique ID but these cookies will not profile your behavior and interests to serve personalized ads.
4.4 Marketing/Tracking cookies
Marketing/Tracking cookies are cookies or any other form of local storage, used to create user profiles to display advertising or to track the user on this website or across several websites for similar marketing purposes.
Because these cookies are marked as tracking cookies, we ask your permission to place these.
5. Consent
When you visit our website for the first time, we will show you a pop-up with an explanation about cookies. As soon as you click on “Save preferences”, you consent to us using the categories of cookies and plug-ins you selected in the pop-up, as described in this Cookie Policy. You can disable the use of cookies via your browser, but please note that our website may no longer work properly.
6. Enabling/disabling and deleting cookies
You can use your internet browser to automatically or manually delete cookies. You can also specify that certain cookies may not be placed. Another option is to change the settings of your internet browser so that you receive a message each time a cookie is placed. For more information about these options, please refer to the instructions in the Help section of your browser.
Please note that our website may not work properly if all cookies are disabled. If you do delete the cookies in your browser, they will be placed again after your consent when you visit our website again.
7. Your rights with respect to personal data
You have the following rights with respect to your personal data:
- You have the right to know why your personal data is needed, what will happen to it, and how long it will be retained for.
- Right of access: You have the right to access your personal data that is known to us.
- Right to rectification: you have the right to supplement, correct, have deleted or blocked your personal data whenever you wish.
- If you give us your consent to process your data, you have the right to revoke that consent and to have your personal data deleted.
- Right to transfer your data: you have the right to request all your personal data from the controller and transfer it in its entirety to another controller.
- Right to object: you may object to the processing of your data. We comply with this, unless there are justified grounds for processing.
To exercise these rights, please contact us. Please refer to the contact details at the bottom of this Cookie Policy. If you have a complaint about how we handle your data, we would like to hear from you, but you also have the right to submit a complaint to the supervisory authority (the Data Protection Authority).
8. Contact details
For questions and/or comments about our Cookie Policy and this statement, please contact us by using the following contact details:
Touchplan
50 Congress St., Ste. 230
Boston, MA 02109
United States
Website: https://touchplan.io
This Cookie Policy was synchronized with cookiedatabase.org on January 26, 2026.