Terms of Service
Last Updated: Aug 1, 2020
Effective Date: Sep 1, 2020
To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Service, with a prior notice to you, by posting a prominent notice on the Website or sending you an email notification about changes made to features or functionality of the Service. Any updates to these Terms or changes to the Service will take effect on the effective date posted on the Terms, unless otherwise stated. Your continued use of the Service after the effective date constitutes (a) your acceptance of updated Terms and policies and/or changes in Service and (b) agreement to be bound by any such updated Terms.
By accepting these Terms, you represent that you have the legal power to do so. If you are using our Service on behalf of an entity, (a) “you” and “your” will refer to that organization, (b) you represent and warrant that you have the authority to bind that entity to these Terms, (c) you represent and warrant that such entity or organization is duly authorized to do business in the country or countries where it operates (d) you shall be responsible for ensuring that each of your end users complies with the terms, conditions, and obligations set forth in these Terms. You may not use the Service and may not accept the Terms if you are barred from receiving the Service under the laws of the United States or other countries, including the country in which you are resident or from which you use the Service.
The Service enables businesses and individuals to deliver their electronic business cards, also known as vCards and from time to time referred to as TapTac Cards (“Business Card(s)”), to their current and potential clients (“End-Users”) and allows End-Users to download and store such Business Cards in their mobile phone’s contacts.
The Service offers a variety of pricing plans based on the number of “connections''. A “connection” means a unique End-User who clicks on an action button in order to download and store a Business Card in his/her device. However, a “connection” does not mean that the End-User has actually saved a Business Card in his/her device. To complete the process of saving a Business Card in a device, after clicking on an action button an End-Users will need to click on one of the available options on their device’s operating system interface.
TapTac will guide End-Users during the whole process, however, TapTac does not guarantee that any End-User will actually complete the process of downloading and storing a Business Card to his/her device.
The Service offers plans which may include the “Direct Tap” feature, a TapTac service that allows sending an invitation to an End-User by SMS. To keep TapTac community safe, prevent spam and misuse of the Service, this feature may be limited to a reasonable use as stated in our Pricing Plans and may be changed from time to time. Moreover, Direct Tap feature depends on a cloud communications platform Twilio Inc. We take no responsibility for, and will not be liable for, the Service being temporarily unavailable due to technical issues beyond our control including if it is caused by Twilio Inc.
You are responsible for obtaining access to our Service that requires a device (such as computer, mobile phone or tablet) and Internet connection, which may involve third-party fees (such as fees of Internet service provider and/or carrier data charges). You will also be responsible to embed TapTac’s code into your website in order to activate some features of the Service, such as pop-ups and “Click-to-Call” feature.
TapTac will have the right, in our sole discretion, to determine the content, appearance, design, functionality and all other aspects of the Service (including the right to re-design, modify, remove and alter the content, appearance, design, navigation, functionality, and other aspects of the Service and/or any element, aspect, portion or feature thereof, from time to time).
There are two ways through which your End-Users may access your Business Card:
- Through your website: Once TapTac has been integrated into your website, End-Users will see a pop-up message based on their interaction with your website; this message will invite them to add your Business Card to their mobile phone contacts by clicking on an action button.
- Through Direct Tap feature: When you know an End-User’s mobile phone number and you manually enter it into the Service, the Service sends such End-User an SMS with a URL that leads to your Business Card; once the End-User clicks on the URL via his/her mobile phone, an invitation screen to save your Business Card will be open along with an action button.
If you are using our Direct Tap feature, each SMS will come with an opt-out option. Each user will be able to opt out of receiving SMS from you by replying with the word “stop” to the initial SMS invitation.
You agree that if your End-Users has any questions or requests with regard to their personal information, they shall have the right to contact you. Should they want the deletion of their personal information they shall contact TapTac at https://taptac.com/exercise-your-rights webpage
The Telephone Consumer Protection Act (“TCPA”) went into effect in 1991. At first it restricted telephone solicitations (i.e., telemarketing) and the use of automated telephone equipment. However, TCPA has since been modified to include restrictions imposed on SMS/text messaging. TCPA obliges businesses and/or organizations to receive express written consent from individuals prior to sending any SMS/text messages to them. According to the TCPA, the recipients of text messages should have the ability to opt-out at any time. Moreover, it stipulates that SMS/text messages may only be sent between 8 a.m. and 9 p.m. in the time zone the recipient is in. For the avoidance of doubt, you, and not TapTac, shall be solely responsible for obtaining consent from your End-Users allowing you to send them text messages and/or Business Cards via the Service (“Consent”). You hereby represent and warrant that you have obtained any such Consent before using the Service. It is solely your responsibility to keep records or any such Consents for as long as it is necessary.
Registered users of the Service may participate in our referral program, Tap to Earn. Tap to Earn allows you to send out invitations to people you are connected to via your social media accounts or by entering their email addresses manually into the Service. Each such invitation will encourage others to sign up for TapTap’s Service. Your earnings will be automatically applied to your account for each invitee who signs up for TapTac’s Service and uses it for at least 30 days.
Subject to the terms and conditions of these Terms, TapTac grants you a worldwide, non-transferable, non-exclusive revocable, and limited license of the right to use to access the Service.
Failure to comply with these Terms may result in automatic termination of this license, without prior notice. Except for the limited license set forth in these Terms, TapTac does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary materials.
You may not sublicense, resell or supply the Service for use in or for the benefit of any other person, organization, entity, business, or enterprise without TapTac’s prior written consent. You agree to not use the Service to: upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national, or international law. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided in our Service, in whole or in part, is strictly prohibited. TapTac reserves the right to suspend or terminate immediately any account or activity that violates these Terms or is in violation of state or federal laws.
You shall pay TapTac for the use of the Service. Here you may find the most up-to-date fee information. TapTac reserves the right to modify its fees at any time.
Amounts due are exclusive of all applicable taxes, levies, or duties, and you are solely responsible for paying all such amounts. All amounts are payable in U.S. dollars.
You agree and understand that you are responsible for maintaining the confidentiality of the password associated with your account. Accordingly, you agree that you will be solely responsible to TapTac for all activities that occur under your account. When you register for an account, you may not allow third parties to access the Service using your account. You are personally responsible for any use of the Service through your account, whether by you or a third party. If you become aware of any unauthorized use of your password or account, you agree to notify TapTac Support Team immediately by emailing us at email@example.com.
All purchases are non-refundable. You can cancel your subscription at any time through your account or by contacting TapTac at the email below. Your cancellation will take effect at the end of the current billing cycle. If you are unsatisfied with our Service, please email us at firstname.lastname@example.org.
To delete your account:
- if your account is still active: navigate to your profile page and click on “Delete Account”;
- if your account is inactive: submit a request to delete your account through our Exercise Your Rights webpage.
All your information will be erased thirty (30) days following the deletion request of your account. If you wish to reactivate your account, you must do so within the first thirty (30) days following the deletion request of your account.
The Service contains information, content, and software including, without limitation, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like. Every part of the Service is either (1) the exclusive property of TapTac; or (2) used with the permission of the copyright and/or trademark owner; or (3) part of the public domain. The content found in the Service is copyrighted as a collective work under the U.S. copyright laws, and TapTac owns a copyright in the selection, coordination, arrangement, and enhancement of such content. Except as otherwise expressly stated in these Terms, any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of the Service, without express permission from TapTac, is strictly prohibited.
We allow advertisers to display their advertisements and other information in certain areas of the Service, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Service and any services provided on the Service or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Service, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
These Terms shall come into effect on the day when you first access the Service and shall stay in effect until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Service by emailing us at email@example.com, or when you close/delete your account. In order to delete your account you must access “My Profile” and click on “Delete Account”. All your information will be erased thirty (30) days following the deletion request of your account.
If you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and/or accordingly we may deny your access to the Service.
You agree to indemnify, defend and hold harmless TapTac and its directors, officers, employees, and agents from and against all claims and expenses, including attorney’s fees, arising out of or related to your use of the Service and/or any violation of these Terms by you.
All disputes arising under these Terms shall be governed by and interpreted in accordance with the laws of Florida, USA without regard to principles of conflict of laws. All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the state of Florida or another location mutually agreeable to you and us. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of an arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the ecommerce industry and shall include a written record of the arbitration hearing. An award of arbitration may be confirmed in a court of competent jurisdiction.
The Provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provision hereof in any jurisdiction, and the remainder of these Terms shall continue in full force and effect. Any failure of TapTac to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Your use of the Service is at your own risk. Neither TapTac nor any other party, person or agent, involved in creating, maintaining or providing the Service is liable for any direct, incidental, consequential, indirect, punitive, or other damages arising out of your access to, or use of, the Service. Without limiting the foregoing, except in those jurisdictions which may restrict or limit exclusions of implied warranties, to the maximum extent permitted by federal, state, and/or local laws, everything on the Service is provided to you "as-is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. TapTac also assumes no responsibility, and shall not be liable for, any damages to, or for viruses that may affect your computer or mobile device or any other property because of your access to, use of, or browsing the Service or downloading of any materials, data, text, images, video, or audio from the Service.
You understand that the technical processing and transmission of the Service, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Service. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by TapTac via email (to the email address that you provide), (b) a posting on the Service or (c) by you via email to firstname.lastname@example.org or to such other email addresses as TapTac may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.