Terms of Service

Tap.fyi, powered by Plingspot Technologies and its affiliates (collectively “Tap.fyi,” “we” or “our”) provide (amongst others) URL shortening, custom-branded link, link management, link-in-bio, digital business cards, NFC-products, landing pages, QR codes and analytics products and services to our users (collectively, the “Services”).

These Tap.fyi Terms of Service (together, the "Agreement") are entered into by Tap.fyi and the entity or person agreeing to them ("Customer") and govern the Customer's access to and use of the Services.

This Agreement will be effective from the moment the Customer clicks the button to accept it (the "Effective Date"). Should you accept on behalf of a Customer, you represent and warrant that (i) you have full legal authority to bind the Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the Customer, to this Agreement.

Should you not have the authority to bind the Customer, you shall refrain from clicking the button to accept (or if applicable, will not sign) this Agreement.

Any capitalized terms shall have the meaning as set forth.

You acknowledge and agree that, by creating a Plingspot account (“Account”) (which you need to use the services of Tap.fyi), purchasing a paid Account, or accessing or using the Plingspot and Tap.fyi services and application program interfaces (“api”), you are indicating that you have read, understand and agree to be bound by the terms of this agreement. If you do not agree to these terms, then you have no right to access or use the Plingspot and Tap.fyi services.

You agree that disputes between us will be resolved by binding, individual arbitration, and you are waiving your right to a trial (by jury) or to participate as a plaintiff or class member in any purported class action or representative proceeding.

1. Scope & Modifications

1.1 Modifications

Tap.fyi reserves the right, in its sole discretion, to modify or replace this Agreement at any time. If we modify this Agreement, we will post the modification on our site and update the “Last Updated” date at the top of the Terms of Use or provide you with notice of the modification in the Tap.fyi platform. Any change to this Agreement will be effective as of the Last Updated Date in at the top of this page. By continuing to access or use theServices after the Last Updated Date, you are indicating that you agree to be bound by the modified Agreement. You agree that it is your responsibility to check this Agreement periodically for changes and that your use of theServices following the posting of any changes to this Agreement constitutes acceptance of those changes. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Services.

1.2 Service Changes

Tap.fyi may add, remove, suspend, discontinue, modify or update the Services at any time, at its discretion. After the effective date of such a change, Tap.fyi shall bear no obligation to run, provide or support legacy versions of any affected Services.

1.3 Customer Support

Tap.fyi provides a help center for all users. More details about additional support services can be found in the help center which is accessible through the platform.

2. Paid accounts

2.1 Fees

Tap.fyi offers fee-based Services that provide additional features and functionality. If you sign up for a paid Account, you agree to pay Tap.fyi all applicable fees for the tier of Services according to your selection. Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement.

2.2 Subscription Period

Paid account plans will be charged the rate stated at the time of initial purchase on a recurring basis corresponding to the term of your subscription until you cancel. Fees are subject to change and Tap.fyi will notify you of any pricing change prior to processing your next recurring charge. You may cancel your paid account subscription at any time, however, unless required by law, no refunds or credits will be provided for any early termination or for any non-use of the Services. Tap.fyi reserves the right to update, change, modify or terminate your subscription benefits at any time in its sole discretion.

2.3 Payment

You will pay Tap.fyi on the payment interval selected. If not otherwise specified, payments will be due immediately. You authorize Tap.fyi to charge you for all applicable fees on a recurring basis using your selected payment method through Tap.fyi’s online payments platform. By providing a saved payment method (“Payment Method”) in your Account, you expressly acknowledge and authorize Tap.fyi (or our third party online payment processor) to charge you on a recurring basis corresponding to the term of your subscription unless you cancel your paid Account subscription. You are responsible for any and all fees charged to your Payment Method. You will provide complete and accurate billing and contact information to Tap.fyi. Tap.fyi may make changes to the offered Payment Method from time to time. It is your responsibility to update your payment information if necessary due to such changes. Tap.fyi may suspend, downgrade or terminate the Services if Fees are past due. Unpaid Fees are subject to a finance charge of one percent (1.5%) per month (18% per annum), or the maximum permitted by law, whichever is lower. In addition, Tap.fyi will be entitled to recover its expenses for collection, including reasonable attorneys’ fees. Failure to pay Fees or Renewal Fees when due may lead to termination, cancellation or suspension of Services.

For the avoidance of doubt, Tap.fyi may submit periodic charges corresponding to the term of your selected subscription without further authorization from you, until you affirmatively cancel your subscription services or notify Tap.fyi that you wish to change your payment method information.

2.5 Taxes

Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, “Taxes”), and you are responsible for all Taxes resulting from this Agreement or your use of the Services. Tap.fyi will invoice you for Taxes when required to do so by applicable law, and you agree to provide payment under the terms of the invoice. In the event you are required by law to deduct and withhold any Taxes on amounts payable under this Agreement, any amounts required to be withheld will be promptly deducted and timely remitted by you on behalf of Tap.fyi to the appropriate taxation authority and you agree that you will provide Tap.fyi with copies of all necessary documents (including but not limited to tax receipts received from the applicable tax authority) in order for Tap.fyi to claim and receive a foreign tax credit in an amount corresponding to the amount withheld by you.

3. Use of services

3.1 Use of Services

Subject to the terms and conditions of this Agreement and payment of all Fees due hereunder, Tap.fyi grants you a non-exclusive, non-transferable, limited right to access and use the Services in accordance with our Acceptable Use Policy. For the avoidance of any doubt, you agree that you will not access the Services for competitive purposes or if you are a competitor of Tap.fyi.

3.2 Access Credentials

Tap.fyi shall provide you with non-transferable access credentials for the Services. You will not share access credentials or exceed the user limitations of the service tier you have purchased. You will not (i) misrepresent or mask identities when using the Services or seeking access credentials; (ii) select or use as a username or custom domain a name subject to any rights of a person or entity or any third party other than you without appropriate authorization; (iii) select or use, as your username or custom domain, a name that is otherwise offensive, vulgar or obscene or otherwise would violate our Acceptable Use Policy; or (iv) exceed any access permitted by Tap.fyi. You will safeguard all access credentials provided by Tap.fyi and shall ensure the confidentiality and security thereof. If you are a corporate entity rather than an individual (A) only your employees and authorized contractors (“Personnel”) may use the Services; (B) you will require your Personnel to comply with all Laws (as defined below) and the use restrictions (including user seat restrictions) set out in the Agreement; (C) you will not share access credentials or exceed the user limitations of your service tier; and (D) you acknowledge that you will be fully responsible for any acts or omissions of your Personnel, whether authorized or unauthorized. Tap.fyi may update, refresh or change the manner of accessing the Services at its discretion.

3.3 Compliance Monitoring

Tap.fyi may monitor your use of the Services for compliance with the Agreement, and to ensure compliance with our Acceptable Use Policy. If Tap.fyi observes usage of the Services that it believes are not in compliance with the Agreement, Tap.fyi may (i) remove or disable any linked, codes, or other Services that are suspected of violating this Agreement. Tap.fyi reserves the right to suspend your use of the Services without notice in the event that we believe, in good faith, the security of your Tap.fyi Account has been compromised or your Tap.fyi Account is being used for an unlawful purpose or any purposes that violates our Acceptable Use policy. Tap.fyi reserves the right to suspend your access to the Services or terminate this Agreement without notice for violation of the Agreement.

4. Your services and content

4.1 Your Service

Tap.fyi shall have no liability for any of your products, content or services (“Your Services”) accessed through or making use of the Services, or the use thereof by any end user or any of your or your affiliates’ customers, employees, officers, directors, agents, contractors, consultants, affiliates, or other representatives. You will not use the Services in any manner implying any partnership with, sponsorship by, or endorsement of Your Services by Tap.fyi. You will not suggest or imply that Tap.fyi is the author of or otherwise responsible for the views or content of Your Services. The Services shall not be used in connection with any Prohibited Content (defined in Section 5 below), or any activities where the use or failure of the Services could lead to death, personal injury or property or environmental damage or adversely impact or impose liability on Tap.fyi in any manner.

4.2 Your Content

You hereby grant to Tap.fyi an irrevocable, perpetual, non-exclusive, sublicensable, transferable, royalty-free, worldwide license, to use, copy, import, display, reproduce, perform, distribute, create derivative works, alter or modify all URLs and other information provided by You to Tap.fyi (“Customer Content”) in connection with the provision, operation and promotion of the Services and for other business purposes, including of Tap.fyi's group companies.

4.2.1

You are solely responsible for the content that you upload through Tap.fyi Service, or transmit to or share with other users (collectively the "Customer Content"). You may not upload, transmit, or share Customer Content using the Tap.fyi Service that you did not create or that you do not otherwise have permission to use. Tap.fyi does not assert any ownership over Customer Content or other intellectual proprietary rights associated with your Customer Content. Tap.fyi’s collection, use and sharing of personal information Tap.fyi receives from you or third parties (including social media networks) is described in Tap.fyi’s Privacy Policy.

4.2.2

As stated in our Privacy Policy, where permitted by law, if you register a Tap.fyi Account with an email address on a domain owned by an organization, such as your employer, we may share your email address and information about your Account with our sales team and the business, including our group companies, to explore the business’ interest in creating or managing an enterprise account, provide information on other services you might be interested in, or for related purposes.

5 Webshop Sales

Buying physical products from our Shop on https://tap.fyi/order (“Site”).

5.1 Conditions for Ordering

For you to buy products on or through the Site, you must register as a user (create an Account) on the Site by providing your name, address, phone number, email address, billing and payment information, and other required information. Since certain Tap.fyi services may allow you to change, amend, or otherwise manage your user profile, you should access your profile periodically to ensure that the information provided by you is accurate and up-to-date.

5.2 Product Availability

Tap.fyi does not guarantee that the products advertised on the Site are available. Tap.fyi reserves the right, without any liability or prior notice, to discontinue making available products and the right to modify, alter, update, or otherwise change certain products or their specifications.

5.3 Order Cancellation

You may cancel an order for products, other than Custom Products, at any time prior to delivery for any reason. If Tap.fyi receives notice of cancellation prior to shipment, there will be no charges or fees assessed. If Tap.fyi receives notice of cancellation during or after shipment, but prior to delivery to you, Tap.fyi may, at its discretion, charge 15% of the net purchase price of the product as a return/restocking fee as well as collect on those shipping fees from the initial order when shipping had already happened. Return shipping for cancellations is at your expense.

You may cancel an order for Custom Products only prior to your receipt of an Order Confirmation. You may not cancel your order after your receipt of an Order Confirmation without our approval. Cancellation approvals may be subject to cancellation charges and/or fees, at our discretion.

Notwithstanding anything to the contrary in these Terms, Tap.fyi reserves the right to cancel your order at any time before the shipment of the products you have ordered by sending a cancellation email. In this case, any sum paid by you for the products that are the subject of such cancellation will be refunded by us without undue delay.

5.4 Prices, Charges and Payments

The price to be paid for the products is the price in force at the time the order is placed by you. The price will also be specified in the acknowledgement email; if applicable, the sales quote; and the Order Confirmation. Tap.fyi may change prices quoted at any time prior to order confirmation without notice. All prices quoted, products sold, and payments made under these Sales Terms shall be in EUROS (€) unless explicitly stated otherwise on the sales quote.

The prices on the Site do not include charges for handling and shipping or applicable sales taxes, value added taxes, import duties (except for domestic shipments of inventory on hand) and/or other similar charges. For domestic orders, the charges for handling and shipping, including freight, and any applicable taxes will be added to the prices and shown when you place your order and specified in the acknowledgement email; if applicable, the sales quote; and the Order Confirmation.

5.5 Product Deliveries and Times of Delivery

Delivery destination set forth in the applicable Order Confirmation, subject in each case to you reimbursing Tap.fyi for handling and shipping, including freight, in accordance with the payment terms and conditions set forth above. Tap.fyi may, at its option, and on your behalf, obtain transport insurance on any reasonable terms at your risk and expense. Unless otherwise explicitly agreed with you, partial deliveries shall be permitted. Risk of damage to or loss of the products shall pass to you in accordance with the relevant trade term specified above.

Tap.fyi shall use reasonable efforts to deliver the products you have ordered to you on or before the estimated delivery date, if any, indicated in the applicable Order Confirmation, subject in each case to payment for the products. In particular, we are not responsible for any delays resulting from delays at customs in connection with international shipments. Further, you acknowledge that Custom Products are personalized for you, in which case your order may be delayed for any of a number of reasons (e.g., the raw materials used to personalize your Custom Products may be unavailable or out of stock). Therefore, the estimated delivery date stated in the Order Confirmation is, in all instances, an estimate only and shall be non-binding. We assume no liability whatsoever for the delivery of products on the estimated delivery date. In case your order has to be re-scheduled, we will contact you by email in order to notify you of your new delivery date for the products.

In case the products cannot be handed over to you at their destination for any reason caused by your failure to accept delivery or any other omission or non-performance by you, then, without prejudice to any other rights or remedies available to Tap.fyi, we are entitled to arrange for the storage of the products at your risk and cost.

5.6 Inspections and Product Returns

Upon receipt of the products, you shall, without undue delay, diligently examine and inspect the received products as to their quality and quantity. Unless you notify Tap.fyi to the contrary within a period of seven days from the receipt thereof and provide Tap.fyi with a reasonably detailed statement of the claimed defect or non-conformity, including proof of date of purchase, the products shall be deemed to have been duly received in the agreed quantity and without apparent damage. For valid rejections of products as set forth hereinabove or warranty claims, Tap.fyi will bear the cost of shipping for returned and/or replacement products. If it cannot be determined whether or not the claimed defect is a valid claim over phone or email correspondence, you will bear the cost for return shipment. If the product is received and deemed to be defective, Tap.fyi will reimburse you for the cost of return shipment. As a condition to receiving reimbursement for the cost of return shipment, you must present to us a receipt for the amount that you paid to return the products.

Non-defective products may be returned only with Tap.fyi prior written authorization. If you send non-defective products back to us without prior authorization, we reserve the right to refuse to accept the shipment and have the goods sent back to the sender. Written authorization for a return of non-defective products will be provided if the return request is made within 30 days from the date that you received the products, and the products are new and unused. To be considered new and unused, products cannot have been modified physically in any way and, if relevant, can never have been encoded, even if the encoded data has been erased. In the event that a written authorization for a return of non-defective product is provided, you will bear the cost of shipping any returned product. In addition, we may, at our discretion, charge 15% of the net purchase price of the product as a return/restocking fee.

6. Intellectual property

6.1 Ownership

Except for Your Content and Your Services, you acknowledge and agree that Tap.fyi is the sole and exclusive owner of all right, title and interest in and to the Services and all related documentation, source code, tools, scripts, processes, techniques, methodologies, inventions, know-how, concepts, formatting, arrangements, visual attributes, ideas, database rights, copyrights, patents, trade secrets, and other intellectual property, and all derivatives, enhancements, modifications and improvements thereof (“Tap.fyi Materials”). Nothing in this Agreement or any other document shall be deemed to transfer ownership of any Tap.fyi Materials. Except for the limited license rights expressly granted herein, no rights to Tap.fyi Materials are granted hereunder and all rights in such Tap.fyi Materials are reserved.

6.2 Feedback

If you provide feedback, request features, changes or tools, or otherwise provide comments relating to the Service or provide suggestions or ideas for improving the Service (“Feedback”), such Feedback will be fully assigned to Tap.fyi without any obligation for separate compensation, and Tap.fyi shall own all rights, title and interest to the Feedback and may, in its own discretion, elect to incorporate the Feedback into its Services.

6.3 General Restrictions

You and your Personnel will not, and will not permit any third party to: (i) access the Services or export data from the Services to create a service, software, documentation or data for a URL shortening service other than Tap.fyi or create shortened links or a service that is competitive with, substantially similar or confusingly similar to any aspect of the Services (including to benchmark the Services against any competing services); (ii) use, modify, display, perform, copy, disclose or create derivative works of the Services except as expressly permitted herein; (iii) reverse engineer, decompile, disassemble, mimic, screen-scrape, frame or mirror the Services, or use any other means to attempt to discover their source code except as expressly permitted herein; (iv) encumber, distribute, sublicense, assign, share, sell, rent, lease, pledge or otherwise transfer the Services to any third party; (v) transmit harmful, disabling or malicious code or devices, or infringing, defamatory, unlawful, tortious, deceptive, misleading, fraudulent, abusive, indecent or otherwise offensive content, phishing, spam, or content that contains someone’s personal information or violates a third party’s intellectual property, privacy or publicity rights or any other use or content that violates our Acceptable Use Policy (collectively “Prohibited Content”) through the Services; (vi) access via automated or unauthorized means, interfere with, disrupt or attempt to monitor, override access or circumvent security measures for, the Services or related systems, including via robots, spiders and other electronic methods; and (vii) obscure, remove or alter any proprietary rights or other notices on the Services. Notwithstanding anything to the contrary herein, Tap.fyi may, in its sole discretion, immediately revoke the grant of rights set forth in Section 3 if you breach or threaten to breach the restrictions in this Section or create other security or legal concerns. You agree that, in addition to any other remedies available to Tap.fyi at law or in equity, Tap.fyi will be entitled to seek injunctive relief to prevent the breach or threatened breach of your obligations under this Section, without any requirement to demonstrate irreparable harm or post a bond.

6.4 Technical Restrictions

You will not exceed the number and/or frequency of API calls, or other access to or use of Services in violation of the terms of your tier of Service. If Tap.fyi believes that you have attempted to exceed or circumvent these limitations, Tap.fyi may suspend or block your access to the Services. Tap.fyi may monitor your use of the Services, including to ensure your compliance with this Agreement.

7. Term and termination

7.1 Term

This Agreement shall commence on the date the You accept this Agreement by creating an Account or purchasing a paid service tier (“Effective Date”) and remain in effect until Account in accordance with this Section; provided, however, that if you purchased a paid Account, the agreement will continue for the duration of the Term selected by You, unless otherwise terminated as permitted herein (the “Initial Term”).

If no term is selected the default subscription term is 1 year (12 months).

If your paid Account is set to automatically renew, your Account will thereafter automatically renew for additional terms of the same length as the Initial Term, or to the extent a shorter renewal term is required by law, the maximum renewal term permitted by law (“Renewal Term”), subject to your cancellation prior to the next billing cycle by canceling your subscription in your Account in accordance with Section 7.2 below. (“Term” shall include both the Initial Term and any Renewal Term(s)).

7.2 Right to Terminate

During the Term, You may terminate this Agreement at any time as set forth in Section 1 above, however, You shall not receive a refund or reimbursement of any fees paid for the then-current billing cycle or any prior billing cycles. Upon expiration or termination of this Agreement, all applicable rights and access granted to You hereunder will automatically terminate and you and your Personnel will cease any further use of the Services and return, or, if directed by Tap.fyi, destroy all Confidential Information (defined below) of Tap.fyi. Any Section of this Agreement which by its nature would survive such expiration or termination shall survive.

8. Confidentiality

Confidential Information

Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Confidential Information” of the Disclosing Party). Tap.fyi’s Confidential Information includes non-public information regarding features, functionality and performance of the Service and all pages and materials on the Tap.fyi website that are accessible only after logging in. Your Confidential Information is limited to non-public data provided by you to Tap.fyi in writing to enable the provision of the Services. The Receiving Party agrees: (i) to take reasonable precautions to protect such Confidential Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Confidential Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, (b) was in its possession or known by it prior to receipt from the Disclosing Party, (c) was rightfully disclosed to it without restriction by a third party, (d) was independently developed without use of any Proprietary Information of the Disclosing Party, or (e) is required to be disclosed by law. The parties hereby agree that breach of this Section 8 may cause irreparable harm to the Disclosing Party, and that the Disclosing Party will be entitled, in addition to any other remedies available to it at law or in equity, to seek injunctive relief to prevent such breach (or threatened breach) without any requirement to post a bond.

9. Data protection

9.1 Data Privacy

You expressly acknowledge and agree that it is your responsibility to comply with any and all privacy and data protection laws (including but not limited to the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Colorado Privacy Act (CoPA), and any other privacy laws that may come into effect from time to time, regulations and terms applicable to any personal data provided by you for the purposes of the Service regardless of the country/state in which you are based. The above mentioned includes, but is not limited to, complying with the terms and restrictions related to your use of customer/contact databases and complying with any applicable privacy policies and cookie policies.

9.2 Data Processing

In the event that Tap.fyi processes Personal Data as a processor on your behalf and applicable law requires parties to put in place a data processing agreement (DPA) to govern such data processing, the DPA attached to these Terms of Service as Appendix A shall apply. In this case, the DPA set forth in Appendix A shall be incorporated into this Agreement and form an integral part of this Agreement.

9.3 Privacy

Tap.fyi may collect and process Personal Data regarding you and/or your personnel and/or other representatives in connection with the Service. Such processing is described in Tap.fyi’s Privacy Policy. Tap.fyi may share such information with its partners, vendors and service providers, including without limitation in order to provide research, analytics, support, security, fraud prevention, spam prevention, advertising, and/or email marketing, to complete transactions or to ensure compliance with this Agreement. You consent to such collection, use, processing and sharing of Your Information in accordance with the terms of our privacy policy and applicable laws.

10. Representations and warranties

10.1 Content Warranties

You represent and warrant that Your Content and all information you provide in connection with the Services, and the receipt, collection, use and provision thereof: (i) shall not infringe or violate any third party rights, including without limitation any intellectual property, privacy and publicity rights; (ii) is in compliance with all applicable laws, rules and regulations and self-regulatory guidelines and requirements, including without limitation laws on privacy and data security, unsolicited messaging, unfair or deceptive practices, or United States trade or export restrictions (“Laws”); (iii) has all necessary consents, approvals or other authorizations or permissions for use, and is in compliance with applicable privacy policies and third-party terms and conditions; and (v) does NOT contain any personally identifiable information or persistent identifiers from individuals under the age of 16.

10.2 Further Warranties.

You further represent and warrant that (i) you have implemented or contractually required industry-standard security measures to help protect the security and integrity of, and prevent, unauthorized access to the Services, Your Content and Your Services; (ii) you will not do anything that will make the Services subject to any open source or similar license which creates an obligation to grant any rights in the Services; (iii) you will not disrupt, disable, erase, alter, harm, damage, interfere with or otherwise impair in any manner the Services; (iv) in the event of any security breach or unauthorized access to any Services, Your Content and/or Your Services, you will immediately investigate such breach and notify Tap.fyi in writing, and, unless otherwise notified by Tap.fyi, take all corrective action necessary to remedy such breach and/or comply with applicable Law and the requirements of Tap.fyi, all at your cost; and (v) you, your use of the Services, Your Content and Your Services will comply with all Laws and not violate or infringe upon any third party intellectual property, privacy or publicity rights.

10.3 Disclaimers

Services 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, 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. Tap.fyi does not warrant that: (I) the Services will be secure or available at any particular time or location; (ii) shortened urls or the Services will be accurate, error-free or that any defects or errors will be corrected; (iii) the Services are free of viruses or other harmful components; (iv) the results of using the Services will meet your requirements or any of your or your users’, personnel’s or customers’ business needs; or (v) the Services will be uninterrupted or that any interruption will be corrected in a timely manner. Your use of the Services is solely at your own risk. Further, Tap.fyi makes no representations or warranties and shall assume no liability amounts or indemnity obligations with respect to ensuring that your use of the Services comply with any laws or regulations outside the United States and you shall be solely liable for such compliance. Tap.fyi shall bear no responsibility for third party products or services (e.G., open source software, social media platforms, third party materials or for host or app store providers).

11. Indemnification

Indemnity

You will defend, indemnify and hold harmless Tap.fyi, its parents, subsidiaries, affiliates and their employees, officers, directors, representatives, contractors, customers, business partners, successors and assigns (“Tap.fyi Indemnitees”) from and against any third party claims and actions, and resulting damages, liabilities and costs (including reasonable attorneys’ fees and expenses) incurred by Tap.fyi Indemnitees arising out of or directly or indirectly related to (a) Your Content, Your Services; (b) Your breach of Section 5.3 or any violation of Laws; and/or (c) any allegation of intellectual property, privacy or publicity infringement concerning Your Content, Your Services, or the combination of the Services with any product, service or other material not provided by Tap.fyi. Tap.fyi shall promptly notify you of any claim for which it seeks indemnification; provided, however, that any delay in providing notification shall not vitiate your indemnification obligations unless you are materially prejudiced thereby. You will have sole control over the defense of any claim under this Section, except that Tap.fyi may approve any counsel used by you, and that Tap.fyi may participate in the defense, at its own cost and expense. All settlements of indemnification claims require the prior consent of Tap.fyi.

12. Limitation of liability

12.1 Liability limitation

In no event shall either party be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services or otherwise hereunder for any claim related to: (I) any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory, or consequential damages of any kind whatsoever (however arising); (ii) any bugs, viruses, trojan horses, or the like (regardless of the source of origination); (iii) any permanent or temporary cessation in the provision of the Services; (iv) the deletion of, corruption of, or failure to store, any of your content and other data maintained or transmitted by or through your use of the Services; (v) your failure to provide Tap.fyi with accurate account or other information; (vi) any liability resulting from your failure to keep your password or account details secure and confidential; or (vii) your failure to access the Services due to malfunction(s) in equipment, infrastructure, system, or the network used by you.

12.2

With the exception of your obligations under section 10, each party’s total aggregate liability arising out of or in connection with this agreement whether arising out of or in connection with breach of contract, tort (including negligence) or any other theory of liability may not in any calendar year starting from the effective date of any order form or from first use of the service, whichever is earlier, exceed an amount equal to the aggregate amount of fees received by Tap.fyi for the services in the twelve (12) months preceding the claim.

12.3

Unless otherwise expressly represented or warranted in these Terms of Service and to the maximum extent permitted by applicable law, the Services as well as the Documentation and any other products or services provided by Tap.fyi are provided on an “as is” basis. Tap.fyi thus disclaims any and all other promises, conditions, representations and warranties – whether express or implied – including but not limited to any implied warranties of fitness for particular purpose, satisfactory quality, reasonable skill and care, system integration and/or data accuracy.

12.4

Furthermore, Tap.fyi does not warrant that the Services will meet all of Customer’s requirements. Moreover the Customer has the possibility to (i) make use of the Trial (see Article 1.2) prior to becoming a paying Customer and (ii) request at all times (prior to becoming a paying Customer) further information from Tap.fyi in this respect. Hence, the Customer declares to have been sufficiently informed about the content and the scope of the Services.

12.5

Without prejudice to the generality of the preceding section, Tap.fyi does not guarantee that: (i) the performance of the Services will be uninterrupted or error-free nor that all errors and/or bugs will be corrected (within a reasonable time), (ii) the Services will be constantly available, free of viruses, in time and complete, or (iii) the information provided by the Services is complete, correct, accurate and non-misleading.

12.6

The intended use of the Services by the Customer, Administrator and/or End Users is determined under their full responsibility and at their own risk. Tap.fyi cannot be held liable in any way, in the broadest terms, for any direct or indirect damage resulting from this intended use. Therefore, the Customer, Administrator and/or End User shall thus be solely responsible for any damage to its computer (programs), wireless devices and/or other equipment consequential to the Tool and Services.

12.7 Limitation on Indirect Liability

To the extent permitted by applicable law and subject to Section 14.10 (Unlimited Liabilities), neither party will have any Liability arising out of or relating to the Agreement for any (a) indirect, consequential, special, incidental, or punitive damages or (b) lost revenues, profits, savings, or goodwill.This limitation of liability also applies when Tap.fyi has been specifically informed of the potential loss by the Customer;

Tap.fyi shall neither be liable for

Damage to the property of the Customer caused by the Services
Defects that have been caused directly or indirectly by an act on the part of the Customer or a third party, irrespective of whether they are caused by an error or negligence;
Damage caused by using the Services for a different purpose than the purpose for which it has been developed or is intended by Tap.fyi
Additional damage caused by continued use by the Customer, Administrator and/or End Users after a defect has been detected;
The loss or incorrect use of the Customer Data, unless this is solely due to Tap.fyi’s fault;
Damage caused by non-compliance with any advice and/or guidelines that may be given by Tap.fyi, which the latter always provides on a discretionary basis;
Damage caused by force majeure or hardship

Furthermore, the Customer accepts that Tap.fyi does not offer any guarantee that the Services comply with the regulations or requirements which apply in any legal area. Tap.fyi can thus not be held liable for any subsequent changes of whatever nature in such law and/or regulations.

12.8

The Customer is deemed not to provide any (confidential) information (e.g. an Excel sheet with data, including Customer Data) nor any login data to any employee of Tap.fyi in whatever manner and for whatever reason. If the Customer, contrary to the above, does provide any of such data to Tap.fyi, the Customer acknowledges that it is acting entirely at its own risk. In such cases, Tap.fyi cannot guarantee the same security and confidentiality with respect to the information provided conform Tap.fyi standards and policies.

12.9

The Customer acknowledges that Tap.fyi can only be held liable by the Customer, no third party, such as to whom the Customer Data relates, The Customer shall indemnify and/or hold harmless Tap.fyi and any of its officers, directors, partners, employees and Affiliates from and against all claims of whatever nature that might arise from the existence, implementation, non-compliance and/or termination of these terms of service and which have been caused by his own negligence, fault or carelessness or by its Administrator and/or any of its Users.

12.10

Limitation on Amount of Liability. Tap.fyi’s total aggregate Liability for damages arising out of or relating to the Agreement is limited to the lower of the following two amounts: (i) the invoice value of the latest month related to the Services prior to the event creating the liability, or (ii) the maximum value of €500.

12.11

The liability shall in any case be limited to the liability mandatory under Dutch law.

12.12 Unlimited Liabilities.

Nothing in the Agreement excludes or limits either party's Liability for:

(a) its fraud or fraudulent misrepresentation;

(b) its obligations under Section 10 (Indemnification);

(d) its payment obligations under the Agreement; or

(e) matters for which liability cannot be excluded or limited under applicable law.

13. Eligibility

You may only use the Tap.fyi Services in compliance with the Tap.fyi Terms. If we suspend or revoke your privileges to use the Tap.fyi Services, you will not be eligible to access them again until further notice from us and any attempt to circumvent such access restrictions (e.g. by creating additional accounts or identities) are strictly prohibited and will result in the permanent disabling of such accounts and flagging them for future enforcement purposes.

13.1 Never use the Tap.fyi Services to distribute abusive, dangerous, or illegal content

You are prohibited from using the Tap.fyi Services to distribute or promote the following types of content (including but not limited to text, images, video and audio):

Content that attacks individuals or groups on the basis of race, gender, ethnicity, national origin, immigration status, religion, sex or gender identity, sexual orientation, disability, or medical condition, as well as any content promoting organizations with such views.
Content that exploits children
Misinformation, including but not limited to, medical or civic misinformation
Content that threatens, encourages, or promotes violence or graphic imagery
Sexually explicit or intimate content shared without the subject’s consent
Any content that glamorizes or promotes self-harm or endangers your safety or the safety of others
Any content that promotes terrorism
Any other content that is illegal

13.2 Never engage in abusive, dangerous, or illegal behavior

You are prohibited from using the Tap.fyi Services to engage in the following types of behavior:

Distributing malware, viruses, badware, or other types of disruptive software
Engaging in phishing, spoofing, hacking, or other attempts to fraudulently gain access to someone’s information
Sending bulk commercial emails or SMA (i.e. spam)
Circumventing Tap.fyi’s systems to evade detection of abuse outlined in the Tap.fyi Terms
Sharing someone’s private information without their consent (i.e. doxxing)
Threatening violence or harm to others
Bullying, harassing, or coordinated online attacks targeting individuals or groups (i.e. brigading)
Impersonating others or misrepresenting your affiliation with any people, organizations or other entities
Facilitating illegal activity such as the sale of prohibited goods and/or services
Infringing another person or entity’s intellectual property

13.3 Reporting abuse and violations

We encourage anyone who suspects that someone is manipulating the Tap.fyi Services or violation in any way to notify us. We investigate concerns thoroughly and take appropriate actions, up to and including terminating user accounts.

If you believe Tap.fyi mistakenly flagged your activity as misconduct, you can contact us and we will investigate your appeal.

13.4 Enforcement against non-compliance

Tap.fyi is committed to protecting the user experience and in doing so, our actions will reflect the spirit, not merely the letter, of our Terms. Tap.fyi reserves the right to suspend or terminate any account or pause or remove any content we deem to be negatively affecting the user experience or safety of our community, whether or not the behavior is explicitly prohibited by these Terms. These Terms do not comprehensively list every type of content that Tap.fyi could restrict or block, nor every basis on which Tap.fyi may restrict or block content.

14. Miscellaneous

14.1 Relationship of the Parties

The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

14.2 Entire Agreement and Severability

This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the parties with respect thereto, including any non-disclosure agreements signed by the parties, and may be modified only by an express written agreement between the parties. Without limiting the foregoing, no additional or conflicting terms set out on any purchase order, invoice or similar document are binding.

14.3 Force Majeure

Except for any Fees due hereunder, neither party shall not be liable for any delay in performing or failure to perform its obligations hereunder where such delay or failure results from any cause beyond its reasonable control, including, without limitation, cyber-attacks, mechanical, electronic or communications failures, acts of God, terrorism, war, natural disasters, failure of any telecommunications or transportation or of any third party provider or supplier (e.g., host or app store providers) or labor disputes.

14.4 Assignment

Except to an affiliate or in the event of a merger, acquisition or other change of control, neither party may assign this Agreement without the prior written permission of the other party, and any attempt to do so is void. This Agreement shall be binding on any permitted successors and assigns.

14.5 Notices

Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when sent, if transmitted by email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

14.6 Headings; Interpretation

The section and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in this Agreement shall be read as being followed by “without limitation.”

14.7 Export

The parties shall comply with all applicable export and import control laws and regulations, and, in particular, shall not export or re-export the Services without all required United States and foreign government licenses.

14.8 General

The failure of Tap.fyi to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tap.fyi. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under this Agreement or otherwise. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.

14.9 Publicity

You grant Tap.fyi the right to use your name, trademarks and/or logos on its website, customer lists and/or in marketing, advertising or publicity materials to identify you as a customer that uses the Services.