GET IN TOUCH’S TERMS & CONDITIONS
Last updated: April 2025
Hi, thank you for choosing Get in Touch! These Terms govern the relationship between you (the “Customer”) and Get in Touch. By using our tool, you agree with the latest version of these Terms, as available on https://getintouch.group/GTC. We kindly ask you to read these Terms carefully and keep them in mind every time you use our tool.
I. DEFINITIONS & APPLICABILITY
1. Definitions
Administrator: refers to an individual designated by the Customer, who is authorized to access and manage the Solution, on behalf of the Customer. The Administrator is responsible for configuring settings, managing End-Users, and overseeing the use of the Solution. The Administrator will receive a unique login and password to access the Solution and perform administrative tasks, including but not limited to user account creation, permission setting, and monitoring Solution usage;
Agreement: these Terms together with any active Order Forms between Get In Touch and the Customer;
Business Account: refers to the Communication Channel business account a Customer uses for itscommunication with End-Users.
Communication Channels: third-party messaging platforms or services, such as WhatsApp, SMS, email, or similar tools, with which the Customer must directly contract, in order to use them as part of the Solution;
Customer: any professional, whether acting in their own name or through a legal entity, who enters into an Agreement with Get in Touch;
Customer Data: refers to all information, data, and content that is uploaded, transmitted, or otherwise made available by the Customer or End-Users through the (direct or indirect) use of the Solution. This includes, but is not limited to, personal data of the Customer’s clients or employees or the End Users, messaging content, feedback, survey responses, practical information disseminated via communication channels, user profiles, usage statistics, and any other data generated from interactions with the Solution;
Data Processing Policy: means the data processing policy of Get In Touch, to be found https://getintouch.group/dpp;
End-User: any individual (directly or in directly) contacted by the Customer, or entering into (direct or indirect) contact with the Customer through the Solution;
Force Majeure: all circumstances which were reasonably unforeseeable at the time the Agreement was concluded, are unavoidable, and create (i) the inability on the part of a party to carry out the Agreement, or (ii) make the implementation of the Agreement harder or more difficult than normally anticipated (financially or otherwise). For example (but not limited to): hardship, hacking, power/system outage, natural disasters, war (threats of) terrorism, strikes, lock-out, diseases, pandemics, shortage of personnel, organisational conditions, confiscation, fire, scarcity of (raw) materials, bankruptcy or delays on the part of suppliers or subcontractors;
Get in Touch (or we | us): the private limited company (“besloten vennootschap”) Get in Touch, incorporated and existing under the laws of Belgium, with registered office at Park Ter Linden1, 9090 Melle, Belgium, with company / VAT number BE-1012.665.647.
Order Form: an order form, (counter-signed) engagement letter or similar document containing the practical arrangements agreed upon between Get in Touch and the Customer related to the Solution and/or the Services, such as but not limited to the scope, the Project Budget and the term;
Privacy Legislation: the (supra)national privacy legislation, applicable on the processing of personal data by Get in Touch or the Customer, related to the execution of the Agreement, such as, but not limited to (i) the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (‘General Data Protection Regulation’ or ‘GDPR’) and (ii) Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘E-privacy Directive’);
Project Budget: means the fee payable by the Customer for the Subscription and the Services. The Project Budget may include, but is not limited to: the use of the Solution, a fixed amount of communication messages, implementation costs, customization fees, Services, security and compliance, updates and upgrades, etc.
Services: all services provided by Get in Touch to the Customer, as was agreed upon in the Order Form such as but not limited to: training, support, maintenance, onboarding, content creation, data migration, etc;
Solution: the ‘Software as a Service’ web application offered by Get in Touch, which integrates with the Business Accounts of Customers across one or various Communication Channels (as specified in the Order Form) in order to allow Customers to send and receive automated and personalized messages to/from their End-Users;
Subscription: the right granted by Get in Touch to the Customer to use the Solution;
Terms: These Terms & Conditions;
Website: https://getintouch.group, as well as any subdomains or other/future websites of Get in Touch;
2. Applicability of the Terms
2.1. Unless explicitly determined otherwise in writing, the use of the Solution by the Customer, the Subscription as well as the rendering of other Services is governed by, in descending hierarchical order (if applicable): (i) the written contract between the Customer and Get in Touch, (ii) the Order Form, (iii) these Terms, (iv) the Data Processing Policy, (v) Belgian law.
2.2. These Terms are specifically tailored to the use of the Solution and are thus best suited to govern the relation between Get in Touch and the Customer. Therefore, the Customer agrees these Terms shall always take prevelance over its own terms and conditions, which shall not be enforceable against Get in Touch (even if the Customer declares them the only valid terms).
2.3. Get in Touch reserves the right to change or update the Terms at any time. New or amended Terms shall apply from the thirtieth (30th) day after they were (implicitly) accepted by the Customer.
2.4. By requesting a price quote, placing an order or concluding an agreement, the Customer acknowledges that they are aware of and have accepted these Terms.
II. GENERAL TERMS AND CONDITIONS
3. Conclusion of the Agreement
3.1. Get in Touch shall provide the Customer with a quotation and proposed scope in the Order Form, which shall form an integral part of the Agreement. The Order Form will include the Project Budget, which will be calculated based on the selected package (including Subscription and, as the case may be, Services). The Customer acknowledges that the Order Form can be signed electronically.
3.2. Any specifications, capabilities, technical features and other details regarding the Solution as displayed on the Website or in a demo only bind Get in Touch insofar as explicitly stated in the Agreement.
4. Execution of the Agreement
4.1. The Customer acknowledges and agrees that, prior to utilizing the Solution, the Customer must conclude an agreement with the required Communication Channel. Get In Touch shall bear no responsibility or liability for the functionality, performance, compliance, or any other aspects related to any Communication Channel. It is the sole responsibility of the Client to ensure adherence to all applicable terms, conditions, and regulations governing the use of such Communication Channels.
4.2. Get in Touch grants the Customer a temporary, personal, limited, non-exclusive and non-transferable use and access right to the Solution.
4.3. The Solution is provided to the Customer “as is”. All the obligations of Get in Touch related to the Solution shall be regarded as best efforts obligations. Hence, Get in Touch shall always provide the services within the agreed Project Budget related to the Solution with appropriate care and in good faith, and serve the Customer to the best of its understanding, skill insight and ability, as can reasonably be expected from a professional party experienced in services of comparable scope, complexity and size (‘best effort obligation’).
4.4. The Customer acknowledges that using the Solution requires an internet connection, the use of a modern web browser and a Business Account at a Communication Channel. Without these, the Customer may not be able to use the Solution, or its functionality may be limited. The Customer shall be responsible for procuring, maintaining and securing its network connection to the Solution.
4.5. If Get in Touch develops additional functionalities, it will inform the Customer thereof, and -if the Customer requests such functionality- integrate it in its Subscription and invoice the additional agreed upon fee.
4.6. The Customer acknowledges and agrees that it is not possible to reduce the Project Budget/tier during the term of an ongoing Subscription of the Agreement.
5. Use of the Solution
5.1. To access and use the Solution, the Customer must set up an Administrator account. When setting up the Administrator account, the Customer must provide current, complete, and accurate information. The login is strictly personal and cannot be used by anyone but the Administrator.
5.2. The Customer will take all actions that are necessary in order for it to maintain the confidentiality of, and prevent the unauthorized use of, each password and login.
5.3. The Customer will immediately notify Get In Touch in writing if the Customer determines, or has reason to believe, that an unauthorized employee or unauthorized third party has gained access to an account.
5.4. The Customer will indemnify, defend, and hold harmless Get In Touch from any claim, proceeding, loss or damages based upon any use, misuse, or unauthorized use of Customer’s passwords and logins.
5.5. The Customer is responsible to properly inform its End-Users of all data processing activities via the Solution. Get In Touch does not bear any responsibility in this regard.
5.6. The Customer guarantees that all contact information added in the Solution has been obtained in compliance with all applicable laws, rules and regulations, including Privacy Legislation and the requirements of the Communication Channels.
5.7. The Customer (incl. its Administrators) are not allowed to use the Solution or a component thereof in a manner unauthorized by Get In Touch or the Communication Channels. Within the limits of the applicable law, the Customer is prohibited to (i) copy the Solution, (ii) modify, translate or otherwise create derivative works of the Solution, (iii) disassemble, decompile or reverse engineer the object code or source code of the Solution, (iv) publish, or otherwise make available to any third party any benchmark testing information or results, (v) export or re-export the Solution in violation of any local or international law or regulation, (vi) intentionally distribute any virus, or other items of a destructive or deceptive nature or use the Solution for any unlawful, invasive, infringing, defamatory or fraudulent purpose, or (vii) remove or in any manner circumvent any technical or other protective measures in the Solution.
6. Customer Data
6.1. Get In Touch acknowledges and agrees that the Customer remains at any time the sole owner of the Customer Data.
6.2. The Customer grants Get In Touch, for the term of the Agreement, a non-exclusive, worldwide, royalty-free right and license to use, copy, store, modify, transmit and display the Customer Data to the extent necessary to provide the Solution under this Agreement.
6.3. The Customer shall bear the sole responsibility regarding the accuracy, quality, integrity, legality, reliability and protection of all Customer Data. The Customer warrants that the provided Customer Data shall not (i) infringe any intellectual property rights of third parties; (ii) misappropriate any trade secret; (iii) be deceptive, defamatory, obscene, pornographic or unlawful; (iv) contain any viruses, whether or not intended to damage the Solution; or (v) otherwise violate the rights of a third party. Any use of the Solution in violation of these representations and warranties by the Customer or any Administrator constitutes unauthorized and improper use of the Solution.
7. Project Budget and Payment
7.1. Project Budget
7.1.1. At the beginning of each Subscription period, the Customer shall pay the agreed upon Project Budget to Get in Touch.
7.1.2. The Project Budget shall be reviewed and agreed upon again after six (6) months from the start of each Subscription period.
7.1.3. The Project Budget is subject to adjustment based on changes in scope, additional services requested by the Customer, or other factors mutually agreed upon by the parties. Any changes to the Project Budget shall be documented in writing and incorporated into the Agreement as an amendment or change order.
7.1.4. If the actual costs incurred by Get in Touch exceed the estimated costs outlined in the Project Budget, Get in Touch reserves the right to propose an adjustment to the Project Budget. Any such adjustment shall be agreed upon in writing by both parties.
7.1.5. All Project Budgets are, unless explicitly stated otherwise, excluding VAT or any other levies or taxes. The Project Budget shall be paid in euros.
7.1.6. Get in Touch is entitled to increase the Project Budget agreed in the Agreement on a yearly basis, if necessary and justified based on objective factors / parameters. In case of a price increase, Get in Touch shall notify the Customer thereof in advance through e-mail. Should the Customer disagree with the new pricing, it may terminate the Agreement as provided in Article 10.3.
7.2. Payment
7.2.1. Unless otherwise agreed upon, the invoices of Get In Touch are payable within thirty (30) days. The invoice has been settled when the complete amount stated on the invoice has been received by Get In Touch.
7.2.2. Invoices that are not disputed by registered letter within seven (7) days after their issuing will be considered to have been fully accepted. The Customer shall pay the undisputed part of the invoice in accordance with these Terms.
7.2.3. By concluding an Agreement and relying on the Solution and Services of Get In Touch, the Customer agrees to electronic invoicing.
7.2.4. For any amount due from the Customer, which is fully or partially unpaid by the Customer on the due date, a default interest of 1% per overdue month shall automatically be charged, without prior notice of default, with each started month being considered as fully elapsed. Moreover, the amount owed is increased by all costs incurred by Get in Touch for the collection of the debt, as well as by 10 % of the invoice amount, with a minimum of €150,00 (excl. VAT), by way of liquidated damages.
7.2.5. This clause is without prejudice to Get in Touch’s right to prove and claim any higher damages.
7.2.6. Late, incomplete or non-payment of one expired invoice will cause all other invoices, for which a particular instalment term has been agreed on, to become immediately payable, without previous notice of default.
7.2.7. Partial payments will firstly be deducted from interest due, liquidated damages payments and possible costs and subsequently from unpaid invoices.
7.2.8. Get in Touch is entitled to suspend or postpone its Services, the availability of the Solution or its other obligations in connection with the Agreement if the Customer has not complied with the payment conditions.
8. Liability
8.1. Get in Touch
8.1.1. The liability of Get in Touch shall always be assessed in light of the best efforts obligations to which it has committed.
8.1.2. The liability of Get in Touch shall in all cases be limited to the Project Budget paid by the Customer during the twelve (12) months preceding the date on which the liability claim arose.
8.1.3. Get in Touch shall never be liable for:
(i) damage or loss suffered by the Customer or third parties (including End-Users) by incorrect, incomplete or late information and instructions from the Customer (or its End-Users);
(ii) damage resulting from malfunctions or defaults in network communications, devices or infrastructure belonging to Customer (or its End-Users) used for accessing the Solution;
(iii) damage caused by the further use or application of the Solution by the Customer or its End-Users after a defect has been found;
(iv) damage caused by the improper, inadequate, unauthorised or unlawful use of the Solution;
(v) damage caused by the theft or loss of the password for accessing the Solution due to negligence of the Customer or its End-Users;
(vi) damage caused by Force Majeure in accordance with the provisions of Article 11;
(vii) damage or loss arising from the unavailability, downtime, or inadequate performance of Communication Channels;
(viii) damage caused by any changes, updates, or discontinuation of Communication Channels that affect the functionality of the Solution;
(ix) damage resulting from any unauthorized access to or use of the Solution through the Customer’s account due to insufficient security measures implemented by the Customer (or its End-Users);
(x) damage caused by viruses, malware, or other malicious software that gains access to the Solution through the Customer’s network or devices, or otherwise;
(xi) damage caused by any actions or omissions of third-party service providers or subcontractors engaged by the Customer or Get In Touch for purposes related to the use of the Solution;
(xii) damage or loss resulting from non-compliance with applicable laws, regulations, or any policies or general terms and conditions of Communication Channels;
(xiii) damage or loss resulting from the Customer’s failure to obtain necessary consents from End-Users or recipients in relation to communications via the Solution;
(xiv) damage arising from the Client’s failure to honour requests from End-Users or recipients to suspend or block communications, or to opt-out of further communications;
(xv) damage caused by the Customer’s transmission of spam, unsolicited, or unwanted communications through the Solution, in violation of applicable laws and regulations;
(xvi) damage resulting from the Client’s breach of any terms of service, policies, or agreements with Communication Channels used in conjunction with the Solution;
(xvii) damage arising from any legal or regulatory actions, fines, or penalties imposed on the Client due to non-compliance with communication, Privacy Legislation or any other laws;
(xviii) indirect and consequential damage, such as, but not limited to, loss of profit, loss of savings, loss of revenue, loss caused by business interruption, damage to third parties; and
(xix) any damage or loss resulting from any third party claims (or otherwise) in relation to the content of the communication sent or received through the Solution, irrespective whether such content (i) is generated or created (in part or in full) by or in assistance of Get In Touch and/or (ii) generated automatically (as the case may be, by any third party service (or software) providers making use of large language models (or similar software) (and including any potential hallucinations (or similar malfunctioning) of such models or software)).
8.2. The Customer
8.2.1. The Customer will hold Get in Touch harmless against all claims from third parties arising from the incorrect or unlawful use of the Solution. It will cover all damages such as compensations or legal costs (including lawyer’s fees).
9. Support and Maintenance
9.1. When the Customer is in need of assistance or has an enquiry with respect to the Solution, the Customer can contact Get in Touch on the email address info@getintouch.group.
9.2. Support services shall be rendered solely within the confines of the Project Budget, unless explicitly agreed otherwise in written form by both parties. If the support services are not within the confines of the Project Budget, then the support services will be invoiced separately.
9.3. The Customer must offer all necessary assistance and co-operation to Get in Touch, e.g. provide a detailed description of the problem and the situation in which it occurred.
9.4. Get in Touch will do its best efforts to assist the Customer as soon as reasonably possible following the requested support.
9.5. Get in Touch performs maintenance activities and implements updates on the Solution on a regular basis. Get in Touch strives to minimise the impact on the availability of the Solution, but does not exclude any downtime in this respect. If the impact on the availability of the Solution is significant, Get in Touch will strive to inform the Customer thereof beforehand.
10. Term & Termination
10.1. The initial term of the Agreement shall be as described in the Order Form. If the Agreement is concluded for a definite duration, it shall automatically be renewed for one (1) year at the end of the term, unless either party gives notice of termination to the other party at the latest three (3) months before the end of the active term. If the Agreement is concluded for an indefinite duration, the Agreement may be terminated by either party at any time with prior written notice, with a notice period of three (3) months.
10.2. Either party may terminate the Agreement for material breach, automatically and without definitive court decision if the other party has committed a material breach of the Agreement and fails to remedy such breach within fifteen (15) days of written notice of default by the claiming party. Parties will consider (amongst others) the following events as a material breach:
(i) Failure to meet payment obligations;
(ii) Engaging in fraudulent or illegal activities;
(iii) Unauthorised or illegal use of the Solution;
(iv) Breach of any data protection or privacy obligations, including failure to obtain necessary consents of End-Users for data collection; and,
(v) Intellectual property infringement (cfr. Article 13).
10.3. The Agreement may be terminated if an insolvency event occurs, i.e. a party ceases to pay its debts or ceases its activities, files for bankruptcy, liquidation of the legal entity or enters proceedings in receivership or judicial composition proceedings.
10.4. Get in Touch shall never be obliged to refund the Customer any fees if the Customer terminates the Agreement during the term without the termination being the result of a material breach of Get in Touch. The Customer is still obliged to pay the Project Budget set out in Article 7 of these Terms.
10.5. Regardless of the cause for termination, the following consequences will follow the termination of the Agreement:
(i) Get in Touch will stop providing its Services and the Solution shall become inaccessible for the Customer and its End-Users;
(ii) Get in Touch is entitled to refuse any request from the Customer to enter into a (new) Agreement with regard to the Solution;
(iii) Each party will discontinue its use and will return the confidential information and proprietary materials of the other party;
10.6. Articles 12, 13 and 14 shall survive the termination of the Agreement and continue in full force and effect.
10.7. The termination of the Agreement, for whatever reason, shall not prejudice the rights acquired by each party.
11. Force Majeure
11.1. In the event of Force Majeure, each party has the right to temporarily suspend the performance of its obligations without being liable for any damages.
11.2. A situation of Force Majeure that continues beyond three (3) months shall entitle either party to terminate the Agreement with immediate effect by simple written notification, without judicial intervention and without any liability.
12. Confidentiality
12.1. All information marked as confidential or reasonably to be considered confidential, disclosed by either Party prior to entering into the Agreement as well as during the term of the Agreement shall be treated with the utmost secrecy.
12.2. The receiving Party shall:
(i) not use, reproduce, or allocate the confidential information in any manner or for any other purpose than their cooperation or evaluation purposes;
(ii) not engage in, nor authorise others to engage in, the reverse engineering, disassembly or the decompilation of any of the confidential information; and,
(iii) not derive any commercial benefit from the confidential information.
12.3. This confidentiality obligation applies during the course of the Agreement and shall continue to exist for a period of three (3) years from the termination of the Agreement for any reason whatsoever.
12.4. The disclosing party shall remain the sole owner of their own confidential information. Except as expressly set forth herein, nothing in these Terms or the relationship between parties shall grant the other party any rights to or interest in the confidential information and no implied licenses are granted by these Terms.
13. Intellectual Property Rights
13.1. The Customer explicitly acknowledges that Get in Touch shall own and retain all intellectual property rights with respect to the Solution (including all functionalities, such as, but not limited to: rights associated with the (source) code, other authorship rights, design rights, know how, domain names and database rights.
13.2. All data, information, and materials solely provided by the Customer and/or its End-Users to Get in Touch during the term of the Agreement and Customer Data shall remain the exclusive property of the Customer and/or its End-Users, respectively. The accuracy, quality, integrity, legality, reliability, suitability, and copyright of the provided data, information, materials and Customer Data are the sole responsibility of the Customer.
13.3. The Customer shall not use Get in Touch’s company name or trademarks, in any manner capable of misrepresenting the relationship between Customer and Get in Touch. The Customer shall not alter, remove or tamper with the brands, trademarks, or other means of identification of Get in Touch.
13.4. In case of breach of the obligations in this Article, a lump-sum compensation equal to five thousand euros (€ 5.000,00) per individual breach is due by the breaching party to the other party, without prejudice to the right of the other party to claim full compensation for all damage caused by the breach.
14. Privacy
14.1. Get in Touch as controller
14.1.1. The Privacy Policy includes information about the personal data collected by Get in Touch as a controller, as well as the manner in which we use and process this personal data for certain purposes. Our Privacy Policy can be consulted (i) when the Customer accesses the Solution for the first time or (ii) on the Website at any time.
14.2. The Customer as controller
14.2.1. The Customer acknowledges that – with regard to the processing of the Customer Data and all other data entered and uploaded in the Solution, it shall act as controller and Get in Touch as processor. All arrangements made between parties in this respect shall be solely governed by the Data Processing Policy of Get In Touch. The Customer explicitly acknowledges that by entering into an Agreement with Get in Touch it needs to have read and accepted the Data Processing Policy.
15. Netting
15.1. In accordance with the provisions of the Belgian Law on Financial Collateral of 15 December 2004, Get in Touch and the Customer automatically and automatically offset all currently existing and future debts vis-à-vis each other. This means that in the permanent relationship between Get in Touch and the Customer, only the largest debt remains after the aforementioned automatic compensation.
16. Miscellaneous
16.1. No waiver
16.1.1. Any failure or delay by Get in Touch in exercising any right under the Agreement with the Customer, any single or partial exercise of any right under such Agreement or any partial reaction or absence of reaction by Get in Touch in the event of violation by the Customer of one or more provisions of such Agreement, shall not operate or be interpreted as a waiver (either express or implied, in whole or in part) of Get in Touch’s rights under such Agreement, nor shall it preclude any further exercise of any such rights. Any waiver of a right must be express and in writing. If there has been an express written waiver of a right following a specific failure by Get in Touch, this waiver cannot be invoked by the Customer in favour of a new failure, similar to the prior one, or in favour of any other kind of failure.
16.2. Notices
16.2.1. Any notice to be given under the Agreement shall be deemed duly given when sent by e-mail. It shall be deemed received one (1) working day after the date of dispatch.
16.3. Divisibility
16.3.1. If any part or any clause of the Agreement is for whatever reason held to be unlawful, invalid or unenforceable, such provisions shall be deleted and the remaining parts or clauses shall not be affected and shall remain valid and enforceable as if the invalid or unenforceable parts or clauses were not part of the Agreement.
16.3.2. Any such part or clause shall be replaced by a provision that, insofar as legally possible, comes clo¬sest to the intention of parties in the affected part or clause. parties shall in good faith negotiate and agree a mutually acceptable provision that shall replace the deleted provision.
16.4. Non-transfer
16.4.1. This Agreement and the rights and obligations ensuing from it for the Customer may not be transferred either directly or indirectly without the written consent of Get in Touch.
16.4.2. Get in Touch shall have the right to transfer the Agreement and the rights and obligations ensuing from it to a third party. In that case, a new agreement between Customer and the third party shall be concluded with terms and conditions (rights and obligations) identical to those in this Agreement for the remaining term.
17. Jurisdiction and Applicable Law
17.1. Jurisdiction
All disputes arising out or relating to the performance of this Agreement shall be subjected to the exclusive jurisdiction of the courts of the district in which Get in Touch has its registered office.
17.2. Applicable law
The Agreement as well as any agreement between parties, of whatever nature, are governed by and construed in accordance with the laws of Belgium, with exclusion of all conflict of laws rules.
