Terms of Service

1. Agreement to Terms

By accessing or using Tapko's services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

These terms apply to all users of the service, including agencies, clients, and visitors.

2. Description of Service

Tapko provides a visual website feedback tool that enables agencies and their clients to capture, manage, and organize website feedback on digital projects. Our service includes:

• Visual feedback capture through point and click interaction
• Automatic screenshot and metadata collection for bug reporting
• Text and voice feedback recording with annotate and comment features
• Visual feedback management and organization tools
• Integration with project management tools

We reserve the right to modify, suspend, or discontinue any part of the service at any time with or without notice.

3. Account Registration and Eligibility

3.1 Account Requirements

To use Tapko, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction)
• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Be responsible for all activities that occur under your account

3.2 Account Security

You are responsible for safeguarding your account credentials. You must notify us immediately of any unauthorized use of your account or any other breach of security.

4. Acceptable Use Policy

4.1 Permitted Use

You may use Tapko only for lawful purposes and in accordance with these terms. You agree to use the service for collecting legitimate visual website feedback on digital projects.

4.2 Prohibited Activities

You agree not to:

• Use the service for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the service or servers
• Collect or harvest data from other users without permission
• Use the service to spam, harass, or abuse others
• Reverse engineer, decompile, or disassemble any part of the service
• Remove or modify any copyright, trademark, or proprietary notices
• Use automated tools to access the service without permission

5. Subscription and Billing

5.1 Pricing Plans

Tapko offers various pricing plans, including a free tier for your first project. Paid plans are billed on a monthly or annual basis as selected during signup.

5.2 Billing

• You will be billed in advance on a recurring basis (monthly or annually)
• Payment is due at the start of each billing cycle
• All fees are non-refundable except as required by law or as explicitly stated
• We reserve the right to change our pricing with 30 days' notice

5.3 Cancellation

You may cancel your subscription at any time. Upon cancellation:

• You will retain access until the end of your current billing period
• No refunds will be provided for partial months or unused time
• Your data will be retained for 30 days after cancellation

5.4 Failed Payments

If a payment fails, we will attempt to collect payment again. If payment cannot be collected after reasonable attempts, we may suspend or terminate your account.

6. User Content and Data

6.1 Your Content

You retain all ownership rights to the content and data you submit through Tapko (including visual feedback, screenshots, recordings, and annotations). You grant us a limited license to use, store, and process your content solely to provide and improve our services.

6.2 Content Responsibility

You are solely responsible for your content and the consequences of posting it. You represent and warrant that:

• You own or have the necessary rights to your content
• Your content does not violate any laws or third-party rights
• Your content does not contain malicious code or harmful material

6.3 Data Backup

While we regularly back up data, you are responsible for maintaining your own backups. We are not liable for any loss or corruption of your data.

7. Intellectual Property Rights

7.1 Tapko's Intellectual Property

The service, including all content, features, functionality, and trademarks, is owned by Tapko and is protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the service for your internal business purposes in accordance with these terms.

7.3 Feedback and Suggestions

If you provide us with feedback, suggestions, or ideas about the service, you grant us the right to use them without restriction or compensation to you.

8. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these terms by reference.

By using Tapko, you consent to our collection, use, and sharing of your information as described in the Privacy Policy.

9. Disclaimers and Limitations of Liability

9.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 No Guarantee of Availability

We do not guarantee that the service will be uninterrupted, timely, secure, or error-free. We may experience downtime for maintenance, updates, or unforeseen technical issues.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAPKO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Tapko and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the service
• Your violation of these terms
• Your violation of any rights of another party
• Your content or data submitted through the service

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings.

11.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if you:

• Breach these terms
• Engage in prohibited activities
• Fail to pay fees when due
• Engage in fraudulent or illegal activities

11.3 Effect of Termination

Upon termination:

• Your right to use the service immediately ceases
• We may delete your account and data after 30 days
• Provisions that should survive termination will remain in effect

12. Dispute Resolution

12.1 Informal Resolution

If a dispute arises, please contact us first at legal@tapko.com to attempt to resolve it informally.

12.2 Governing Law

These terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

12.3 Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration in accordance with the rules of [Arbitration Body], except where prohibited by law.

13. Changes to Terms

We reserve the right to modify these terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top
• Notify you via email or through the service
• Provide you the opportunity to review the changes

Your continued use of the service after changes become effective constitutes acceptance of the revised terms.

14. General Provisions

14.1 Entire Agreement

These terms, along with our Privacy Policy, constitute the entire agreement between you and Tapko regarding the service.

14.2 Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights.

14.4 Assignment

You may not assign or transfer these terms or your account without our written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, wars, or internet service failures.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: legal@tapko.com
• Support: support@tapko.com
• Address: [Your Company Address]