Tapify, a company organized under the laws of The Netherlands (hereafter, “Tapify”, “tapify.io”, “tapify.app”,“we”, “our” and/or “us”) is a technology company that provides an online software-as-a-service (SaaS) platform (the “Service”). Tapify offers a cloud-based digital business card management platform that is designed to facilitate the creation, sharing, and distribution of digital business cards. Tapify markets and promotes the Service under the trademarks and trade names “Tapify” and “tapify.io”. We will provide you (“you” or “User”) with use of the Service, including a browser interface and data transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the tapify.io website incorporated by reference herein, including but not limited to our privacy policy. For reference, a Definitions section is included at the end of this Agreement.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use. The most current version will always be posted on our Terms of service page. By continuing to use Tapify after revisions become effective, you agree to be bound by the revised Terms of servicer. If you do not agree to the new Terms of service, please stop using Tapify.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.
THE SERVICE IS INTENDED TO BE USED FOR LEGAL ACTIVITIES ONLY. PLEASE READ SECTION 3A OF THESE TERMS AND CONDITIONS CAREFULLY ABOUT YOUR LIABILITY IN THE EVENT YOU USE THE SERVICE, OR CAUSE IT TO BE USED, IN VIOLATION OF APPLICABLE LAW OR THESE TERMS AND CONDITIONS.
Our Privacy Policy, which may be viewed at https://tapify.io/legal/privacy-policy, describes how we use and share Personal Information (as such term is defined in the Privacy Policy), including any payment account information you may provide to us either for purposes of creating an Account, submitting an inquiry or to receive further information, updates and promotions about or related to the Service.
It is your responsibility to comply with all applicable privacy and data protection laws and to ensure that you have provided all required notices and obtained all necessary consents from your Users and clients (including with respect to third parties’ access), and that your clients have agreed to the collection of their Customer Data and the access of their Customer Data by you, by us, and, where applicable, other third parties. Any sample documentation that is provided by Tapify for obtaining consent is for illustration only, and you alone (and not Tapify) are responsible to ensure that such documentation is adequate and enforceable to obtain requisite consent (including with respect to clients who are under 18 years of age, consent from their parents or legal guardians). In the event that we receive a subpoena or other legal or court order compelling the disclosure of any of your clients’ Customer Data or any of your data, unless ordered to not do so by a court of competent jurisdiction, or unless our legal counsel advises us that prior notification is not required or in violation of applicable law, we will notify you of the subpoena or other legal or court order prior to disclosing the Customer Data or other data. We will make commercially reasonable efforts to maintain the Service in a manner that includes appropriate administrative, technical, and physical security measures designed to protect the confidentiality, availability, and integrity of Customer Data that is in our possession, as required by applicable law.
Tapify reserves the right to modify its privacy policy in its reasonable discretion from time to time. Note that because the Service is a hosted, online application, Tapify occasionally may need to notify all users of the Service of important announcements regarding the operation of the Service.
Tapify hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Tapify and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national, European Union and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Tapify immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Tapify immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another Tapify user or provide false identity information to gain access to or use the Service.
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the Service. Without limiting the foregoing, you will not: