TAP2PRINT DEVELOPERS TERMS OF USE

Tap2print's services (the "Services") include, but are not limited to, taking care of the ordering of products from within the Application (as defined below) by a "within application products purchase checkout" accessed by the Plug-In (as defined below) and sending such products to production and worldwide shipping. Tap2print provides Tap2print's Website, the Tap2print Materials (as such terms are defined below) and related services to You subject to the following Terms of Use. If You do not agree with any of the Terms, do not use the Tap2print Materials or otherwise use the Services. Your use of the Tap2print Materials and Services shall be deemed to be your agreement to abide by each of the Terms set forth below. Tap2print may, at its sole discretion, change this Terms of Use as set forth in Section 15.2 below. If any modification is unacceptable to You, You shall cease using the Tap2print Materials and Services. If You have any questions about these Terms of Use, You may contact Us at developers@tap2print.com.

 

By clicking "I agree" on these Tap2print Terms of Use for Application Developers and/or Owners, you ("You" or "Your") hereby accept and agree to be bound by the following terms and conditions (the "Terms of Use" or "Terms") which constitute a legal and binding agreement between You and Tap2print Ltd. ("Tap2print", "We", "Us", or "Our"). References to "Terms" shall mean the terms and conditions in this document and in any document attached hereto. In the event of any conflict between the provisions in this document and any document attached hereto, this document shall prevail with respect to Your use of the Tap2print Materials (as defined below). 

 

1.              Tap2print's Plug-In

Tap2print's plug-in (the "Plug-In") allows users of Your software application(s) (Your "Application") to use the Services, subject to the terms and conditions set forth in the End User Terms of Use attached hereto as Annex A, as may be amended from time to time (the "End User Terms of Use"). During the Term, the End User Terms of Use shall be, at all times, available for review in Your Application by users of the Services through the Plug-In incorporated into Your Application ("End Users") and each End User shall indicate its acceptance of the End User Terms of Use prior to its use the Services.

 

2.              Revenue Sharing and Payment

2.1           Your incorporation of the Plug-In into Your Application shall entitle you for revenue sharing based on the use of the Services by End Users ("Revenue Sharing").  

2.2           The terms and conditions with respect to Revenue Sharing are set forth in Annex B attached hereto.

2.3           In the event of a Breach (as defined below) by You, we may, in Our sole discretion, suspend, withhold and/or deny any payment and/or consideration due to You under the terms and conditions set forth in Annex B hereto.

 

3.              Description and Licenses

3.1           Description and Use of Tap2print APIs.  Tap2print's Application Program Interface(s) (APIs) consist of APIs and associated tools and documentation, including but not limited to Tap2print's Software Development Kits (SDKs), which allow You to incorporate the Plug-In into Your Application (the "APIs").

3.2           Access Right.  You will be provided access to an API environment.  You may not sell, transfer, sublicense or otherwise disclose access to the environment to any other party. You may not modify or attempt to circumvent the provided API environment. You are fully responsible for all activities that You undertake using the API environment, regardless of whether such activities are undertaken by You or a third party.

3.3           APIs License Grant.  Subject to the Terms, We grant You a non-exclusive, revocable, non-assignable, non-sublicensable, non-transferable license during the Term to use the APIs to incorporate the Plug-In into Your Application and to enable End Users to use the Services via the Plug-In (the "License" and the "Purpose", respectively). You have no right to distribute or allow access to the APIs. You are strictly prohibited from making any use of the APIs, including but not limited to commercial use of the APIs, other then for the Purpose.

3.4           Support and Modifications.  During the Term, We will provide You at Our sole discretion with support or modifications for the APIs, including in response to Your modification requests.  Notwithstanding anything herein to the contrary, We may terminate the provision of such support or modifications to You, at any time and for any or no reason, without notice or liability to You.  We may release subsequent versions of the APIs and may require that You use such subsequent versions of the APIs in any subsequent versions of your Application not yet released to End Users. Notwithstanding the foregoing, We may, in Our sole discretion, cease provision of support to any version of the APIs. Your continued use of the APIs following a release of a subsequent version will be deemed Your acceptance of the modifications in such subsequent version.  

 

4.              Use, Proprietary Rights and Feedback

4.1           You agree that during the Term You will comply with the technical instructions set forth in Annex C attached hereto (the "Technical Guidelines"), and You acknowledge that any violation of the Technical Guidelines shall be deemed a material breach of these Tap2print Terms of Use.

4.2           Tap2print Property.  As between You and Us, We own all rights, title, and interest, including without limitation all intellectual property rights, in and to, the (i) the Plug-In, the APIs, and all elements, components, and executables of the APIs (including but not limited to any SDKs); (ii) the APIs keys, and (iii) any content available from the Plug-In and/or the APIs, including bur not limited to the SDKs (the items specified in sub-Sections 3.2(i), 3.2(ii) and 3.2(iii) above shall collectively be referred to herein as the "Tap2print Materials"), and nothing in these Terms intends to transfer any such intellectual property rights to, or to vest any such intellectual property rights in You. Except for the express licenses granted in Section 2 of these Terms, Tap2print does not grant You any right, title or interest in the Tap2print Materials and You are only entitled to the limited use of the Tap2print Materials granted to You in these Terms. You will not take any action to jeopardize, limit or interfere with the intellectual property rights, in and to, the Tap2print Materials and You acknowledge and agree that any unauthorized use of such intellectual property rights is a violation of these Terms as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You agree that You will not remove, obscure, make illegible or alter any notices or indications of intellectual property rights, in and to, the Tap2print Materials and/or Tap2print's rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to such materials.  You agree to take such actions, including, without limitation, execution of affidavits or other documents, as Tap2print may reasonably request to effect, perfect or confirm Tap2print's rights to the Tap2print Materials. Without derogating from the License granted above, title and related rights in the content stored, transmitted, posted, submitted and/or managed through the Plug-In and/or the Services are the property of the applicable content owner and may be protected by applicable law

4.3           Feedback. You have no obligation to give Us any suggestions, comments or other feedbacks ("Feedback") relating to the Tap2print Materials.  However, We may use and include any Feedback that You voluntarily provide to improve the Tap2print Materials and/or any other of our Services, products or technologies. Accordingly, if You give Feedback, You agree that we may freely use, reproduce, license, and distribute such Feedback.  You also agree not to provide Feedback that You know is subject to any intellectual property claim by a third party or any license terms which would require products or services derived from such Feedback to be licensed to or from, or shared with, any third party.

 

5.              Exclusivity

5.1           You agree that, during the Term, You will not engage, directly or indirectly, in any activity that competes with the Services and You will not include or incorporate in any of Your Applications any hyperlinks, adverts, banners, screens, buttons or the like, that lead and/or traffic users to a service which competes with any of the Services.

5.2           Tap2print may provide the Tap2print Materials and/or the Services, at its sole discretion and without any limitation of any kind, to any third party (whether or not such third is an End User), by any mean, including without limitation, to and/or via any website or software application.

 

6.              Provision of the Services; Tap2print's Right to Refuse Service

6.1           The provision of the Services by Tap2print is depended and relies on the services of third party suppliers of printing services and other service providers and therefore the Services are subject to the terms and conditions of such third party suppliers and service providers. We give no warranty and shall not be liable towards You and/or any third party, including but not limited to any End Users, with respect to (i) the quality of the products provided through Our Services (the "Products"), (ii) the delivery times of the Products, (iii) delivery of the Products to the correct designated delivery address and/or correct designated recipient, (iv) the confidentiality of the contents in the Products, and/or (v) the satisfaction of the End Users with the Products.     

6.2           Notwithstanding anything herein to the contrary, We retain the right to refuse service to any End User, at Our sole discretion, for any or no reason.

 

7.              Term and Termination

7.1           Term.  The term of these Terms shall commence on the date upon which You click "I agree" and these Terms and shall continue in force thereafter, unless terminated as provided herein (the "Term").

7.2           Termination; Suspension; Discontinuance. We may suspend or terminate Your use of the Tap2print Materials at any time if We believe that You have violated and/or breached any of the Terms in this document or any document attached hereto, or any other agreement or instrument entered between You and Us in connection herewith (a "Breach"), or, in Our sole discretion, if We believe that the availability of the Tap2print Materials to You is not in Our best interests for any reason.

7.3           Your Termination.  You may terminate the agreement under these Terms, at any time and for any reason or no reason at all, at Your convenience, by ceasing use of all Tap2print Materials and notifying Us of such termination at support@tap2print.com.

7.4           Our TerminationNotwithstanding anything herein to the contrary, We may terminate the agreement under these Terms, at any time and for any reason or no reason at all, at Our convenience, by ceasing to provide You with the Tap2print Materials and/or the Services and/or by notifying You of such termination.

7.5           Effect of Termination.  Upon termination of the agreement between us under these Terms, (a) all rights and licenses granted to You hereunder will terminate immediately, (b) You will promptly destroy any confidential information of Tap2print in Your possession or control, and (c) unless We agree otherwise in writing or as stated in these Terms, You must permanently delete all content or other data which You stored pursuant to Your use of the Tap2print Materials. Tap2print may request that You certify in writing Your compliance with this provisions.  No liability shall be created for either party by the mere fact of termination of the agreement under these Terms. The following Sections of these Terms shall survive termination: Sections 4.2 (Tap2print Property), 7 (Term and Termination), 8-14, and 15.3 (Governing Law).

7.6           Remedies. You acknowledge that Your breach of the Terms may cause irreparable damage to Tap2print, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which Tap2print may be legally entitled, Tap2print shall have the right to seek immediate injunctive relief in the event of a breach of these Terms by You or any of Your officers, employees, consultants or other agents.

 

8.              Restrictions

You agree not to do any of the following, unless You are expressly permitted by Tap2print in writing:

-        Use the Tap2print Materials and/or the Services to share content of people without their permission;

-        Use the Tap2print Materials and/or the Services to submit or transmit spam or other mass messaging, whether commercial in nature or not;

-        Use the Tap2print Materials and/or the Services to publish, transfer, distribute or disseminate any profane, defamatory, obscene, indecent or unlawful topic, name, material or information;

-        Use the Tap2print Materials and/or the Services to violate any third-party right, including but not limited to any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

-        Use the Tap2print Materials and/or the Services for any illegal or unauthorized purpose;

-        Publish, transfer, distribute or disseminate any file or other material transferred by a user of the Plug-In and/or the Services that You know, or reasonably should know, cannot be legally distributed in such manner;

-        Use the Tap2print Materials and/or the Services in violation of the Terms;

-        Sell, lease, share, transfer, sublicense or fail to protect the confidentiality of Tap2print's Materials, or any related content or information;

-        Transmit through the Plug-In and/or the APIs any mobile devices viruses, worms, defects, Trojan horses or other items of a destructive nature;

-        Remove or modify any copyright, trademark or other proprietary rights notice in the Tap2print Materials or on any materials printed or copied off of the Tap2print Materials;

-        Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other materials contained in a file that is transferred via the Tap2print Materials and/or the Services;

-        Modify, adapt or hack the Plug-In or the APIs, or modify another website and/or application, other then Your Application as permitted under the Terms, so as to falsely imply that it is associated with the Plug-In and/or the Services;

-        Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Tap2print's technology infrastructure;

-        Engage in any activity and/or use any device, software or routine that interferes with or disrupts the Tap2print Materials and/or the Services;

-        Attempt to gain unauthorized access to the Tap2print's computer systems, mobile devices, networks or the technical delivery systems of Tap2print's providers, through hacking, password mining or any other means;

-        Use the Tap2print Materials to violate the security of any computer network, mobile device, crack passwords or security encryption codes;

-        Remove, overtake, hide or otherwise make the Services inaccessible for users, other then in Your Application;

-        Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Tap2print Materials to send altered, deceptive or false source-identifying information;

-        Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Plug-In, features that prevent or restrict the use or copying of any content or features that enforce limitations on the use of the Plug-In and/or the Services.

 

9.              Warranty Disclaimer. THE TAP2PRINT MATERIALS ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.  WE DO NOT REPRESENT, WARRANT OR MAKE ANY CONDITION THAT THE TAP2PRINT MATERIALS ARE FREE OF INACCURACIES, ERRORS, BUGS OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE OR OTHERWISE VALID.  YOUR USE OF THE TAP2PRINT MATERIALS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM USE OF THE TAP2PRINT MATERIALS INCLUDING FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.

 

10.           Limitation of Liability. YOU AGREE TO THE FOLLOWING LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW:  YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAP2PRINT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE TAP2PRINT MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ANY THIRD PARTIES UNLAWFULLY OBTAINING ACCESS TO YOUR ACCOUNT (INCLUDING WITHOUT LIMITATION BY WAY OF THEFT OF YOUR TAP2PRINT ACCOUNT USERNAME OR PASSWORD); (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN THE TAP2PRINT MATERIALS; (vi) ANY OTHER MATTER RELATING TO THE TAP2PRINT MATERIALS; OR (vii) ANY BREACH BY YOU OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, ANY BREACH AND/OR VIOLATION OF THE RESTRICTIONS SET FORTH IN SECTION 8 ABOVE. UNDER NO CIRCUMSTANCES SHALL TAP2PRINT'S AGGREGATE, CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, UNDER ANY THEORY OF LIABILITY, EXCEED U.S. ONE HUNDRED DOLLARS (U.S. $100).

 

11.           We shall not be responsible for the accuracy, completeness, legality, legitimacy or any other aspect of the data stored, posted, transmitted, submitted through the use of Plug-In and/or Services, nor to the right to store, post, transmit and/or submit such data through the use of the Plug-In and/or Services. The use of any third parties' content, information or data is at Your sole responsibility and We explicitly disclaim any responsibility to the use or misuse of any such content. With respect to any personalized products, We shall not be responsible nor liable for any damaged, corrupted, unauthorized and/or incorrect digital images provided to Us via the Application (it is hereby clarified that with respect to any personalized products You are solely responsible to provide Us with the correct digital images selected and approved by the users of the Application and that such digital images are validated, all in accordance with the Technical Guidelines). We shall not be responsible nor liable for any content or materials that are displayed or published on Your Application, other then materials which have been expressly approved by Us.

 

12.           You hereby acknowledge and agree that Tap2print and its Officers will have no liability in connection with or arising from Your use of the Tap2print Materials, as set forth below. In no event shall Tap2print or its officers be liable, whether in contract, warranty, tort (including negligence), product liability or any other form of liability, for any indirect, incidental, special or consequential damages (including without limitation any loss of data, interruption, computer failure or pecuniary loss) arising out of the use or inability to use the Tap2print Materials, even if Tap2print or its officers have been advised of the possibility of such damages. Your only right or remedy with respect to any problems or dissatisfaction with the Tap2print Materials is to cease use of such materials.

 

13.           Tap2print, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Tap2print Materials. You acknowledge and agree that Tap2print has no obligation to make available to You any subsequent versions of any of the Tap2print Materials. Furthermore, You acknowledge and agree that Tap2print, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of any of the Tap2print Materials, or terminate any license hereunder, at any time, with immediate effect and without recourse to the courts. Tap2print may also suspend or terminate any license hereunder and disable any Tap2print Materials You may already have accessed or installed without prior notice at any time with immediate effect and without recourse to the courts. Tap2print will not accept any liability in relation to the direct or indirect damages caused by the release and/or the absence of release of new versions of any of the Tap2print Materials and by the suspension or termination of these Terms by Tap2prin and/or by You.

 

14.           Indemnification. You agree to hold harmless and indemnify Tap2print, and its affiliates, and their respective directors, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to Your use of any Tap2print Materials, violation of these Terms of Use or any other actions connected with Your use of the Tap2print's Materials, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and reasonable attorneys' fees, of every kind and nature.

 

15.           General Terms

15.1             Entire Agreement. These Terms constitute the entire agreement between You and Us with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

15.2             Amendments. Tap2print reserves the right to modify these Terms at any time by publishing Revised Terms on Tap2print's Website (as such terms are defined below). We have no obligation to inform or notify you of any publication of Revised Terms. It is Your sole responsibility to check the most recent version of the Terms (the "Revised Terms") which can be found on www.Tap2print.com and on its sub-domain which includes the "Developers Portal" (collectively, "Tap2print's Website"). Your continued use of the Tap2print Materials shall constitute your acceptance to be bound by the terms and conditions of the Revised Terms and You may terminate the agreement under the Revised Terms (in accordance with Section 7.3 above) in the event you do not agree to such Revised Terms.

15.3             Governing Law.  These Terms of Use shall be governed by and construed under the laws of England.  Each party hereto irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consents and attorns to service of process by mail or in any other manner permitted by applicable law and irrevocably consents to the exclusive jurisdiction and venue of the courts located in London, England.  The parties hereto further hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising out of or connected to these Terms of Use.  In construing, interpreting and enforcing these Terms of Use, choice of law principles shall not apply. 

15.4             Waiver. The failure of any party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.5             Severability of Terms.  If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

15.6             Relationship between the Parties. Nothing in these Terms will be construed as creating a partnership or joint venture of any kind between the parties and neither party will have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.

15.7             Customer Service. To enable Tap2print meet the required level of service to End Users, for any End User call for support received by You with respect to the Services, You shall inform Tap2print with the details of such call within 12 hours from the call. 

15.8             Assignment.  You may not assign these Terms, in whole or in part, without Tap2print's prior written consent.  Any assignment in violation of this Section is null and void

 

 

 


Annex A

Tap2print End User Terms of Use

Tap2print's services (the "Services") include, but are not limited to, taking care of the ordering of products from within a Host Application (as defined below), sending them to production and worldwide shipping. Tap2print provides its Services to You subject to the following Terms of Use. Your use of the Services shall be deemed to be Your agreement to abide by each of the Terms set forth below. Tap2print may, at its sole discretion change these Terms of Use at any time by posting an updated Terms of Use (including without limitation as a reference within the checkout screens appearing on the Host Application) and Tap2print may send Users (as defined below) an e-mail notice of such changes. If any modification is unacceptable to You, You shall cease using the Services. If You do not cease using the Services, You will be conclusively deemed to have accepted the changes. If you have any questions about these Terms of Use, You may contact Us at support@tap2print.com.             

These Tap2print End User Terms of Use (together with the documents referred to herein) (collectively, the "Terms of Use" or the "Terms") specify the terms and conditions on which you ("You" or "Your") may make use of the Services (as defined below) provided by Tap2pring Ltd. ("Tap2print", "We", "Us", or "Our") via third party applications (the relevant one being the "Host Application"). These Terms of Use apply to all users of the Services ("Users").             

Please read these Terms of Use carefully before You start to use the Services. By using the Services, You indicate that You accept these Terms of Use and that You agree to abide by them. If You do not agree to these Terms of Use, please refrain from using the Services.             

The Services             

Tap2print's Services include, but are not limited to, taking care of the ordering of products (the "Products") from within a Host Application by a "within application products purchase checkout" or other ways and sending the Products to production and worldwide shipping. Tap2print provides its Services (including all order submissions), its website and related services to You subject to the following Terms of Use.

The Host Application is the mobile or web application within which Our Services are offered. The Host Application is, in most cases, a third party company that uses our Services for the purpose of offering the capability of Products ordering. The Host Application embeds Our checkout services to enable You to order Products from within the Host Application. It is here clarified that Tap2print's part of the service relates to the checkout process, manufacturing and delivery of the Products to Your designated address. As such, Tap2print is not responsible for the Host Application user experience and quality and any issues that are related to the Host Application shall be directed to the Host Application's support directly.

Placing Orders for Products             

After placing an order for a Product, You will receive an email from us acknowledging that We have received Your order. Please note that this does not mean that Your order has been accepted.

With respect to any personalized Products (for example, pictures), You are solely responsible to provide us with the correct digital images You wish to have manufactured and You will not be refunded in the event You provided Us with digital images You do not want to be manufactured, unless We, in Our sole discretion, decide otherwise. 

You are solely responsible to provide Us with the accurate address for delivery of the Product(s) You ordered, otherwise there is a possibility that such Product(s) will not be delivered on reasonable time or at all. Furthermore, delivery of the Products is performed by third party service providers and, as such, We in any event give no warranty or guarantee for the delivery or the timely delivery of ordered Products.                     

All Product orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending You an e-mail that confirms that the Product order has been accepted. If Your order has not been accepted by Us any reason, We will inform you by e-mail of its non-acceptance. However, technical errors and/or dysfunctions (such as spam and other issues) may occur in the e-mail system, and therefore e-mails with respect to the acceptance or non-acceptance of Product orders shall are provided to Users on an informative basis only. For the avoidance of doubt, the delivery or failure to deliver an e-mail with respect to the acceptance or non-acceptance of Product order shall not create any obligation on Tap2print.             

Payment              

The price of any Product will be as quoted on the checkout process screens, except in cases of an obvious error. Despite Our best efforts, some prices listed on the Host Application may be incorrect. We are under no obligation to provide any Product to You at the incorrect price, even after We have sent You a confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by You as a mis-pricing. We recommend that You always verify the price and deliverables specification at the checkout process screens. Applicable taxes, if any, may be added to your order, depending on your location of shipment or the type of Products you purchase.             

The collection and clearing of all payments in connection with the provision of the Services are in the sole responsibility of the applicable credit company or clearing service provider (such as PayPal) and We will not be liable or responsible, in any way, for any errors made by such third party service providers which are out of Our control.

Should an order which uses incorrect and/or invalid billing information provided by You be processed, Tap2print reserves the right to collect payment for such transaction, and You agree to be liable for any fees, including but not limited to attorney's fees and collection costs, that Tap2print may incur in its efforts to collect such unpaid balance from you, plus interest.               

Shipment and Delivery of Products 

Title and risk of loss for any Product ordered by You pass to You upon delivery of the Product. If shipped to an address (other than a P.O. Box) You are responsible for arranging for an individual to be present at the time of delivery and for the Products to be properly received and secured. Any individual at the delivery address who accepts delivery is conclusively presumed to be authorized to receive the delivery. Tap2print is not responsible should such an individual not be authorized to accept such delivery. In the event no one is present at Your designated address for delivery, Your shipment may be placed at such address for delivery at the discretion of the service provider delivering such shipment.

Replacements and Credits

Subject to Your return shipment to Tap2print of a damaged or defective Product ordered by You, Tap2print may, at its sole discretion, replace and reship such Product to You, free of charge. Should You be dissatisfied with the quality of a Product received by You, Tap2print may provide You with a credit to your account or a replacement, at Tap2print's sole discretion. Please contact Us at support@tap2print.com prior to returning a Product as We may provide You with other options. We do not provide any cash refunds or refunds to your credit card or any other means of payment. Any refund by Tap2print, to the extent provided, shall be for credits to Your account only.

Verification and Consent              

In order to permit You to use the Services, You warrant that the following information is correct:

(i) if You are under 18 years old, You have the consent of Your parent or guardian to using the Services;             

(ii) the means of payment for the Services belongs to You;

(iii) all information provided by You as part of Your use of the Services is true and accurate in all material respects; and              

(iv) if such terms of use are provided, You have read the Host Application terms of use as published on the Host Application and You have fully complied with them.             

Terms and Conditions of Use              

As a User of the Services, You undertake in relation to all images and all other materials that You upload via the Host Application that (a) You have obtained the consent of all individuals in such images and that uploading such images via the Host Application will not infringe the privacy of any individual, and (b) the uploading of the images and materials via the Host Application and any subsequent publication of such images does not infringe the intellectual property rights of any third party.              

You shall ensure that Your use of the Services is in accordance with all relevant legislation, regulations, codes of practice, guidance and other requirements of any relevant government, governmental or regulatory agency or other relevant body.             

You must not use the Services (a) in connection with a criminal offence under the applicable national laws or regulations or against public order or applicable ethical standards and codes, (b) for any unlawful purpose whatsoever, including fraud or terrorism, (c) in any way which is abusive, harmful, threatening or defamatory or any other way that may cause offence (including, but not limited to, uploading pornographic, obscene or indecent material via the Host Application), (d) in any way which breaches or could potentially breach a legal duty to a third party (including, but not limited to, a duty of confidentiality) or which infringes or could potentially infringe a person's right to privacy, (e) in any way which promotes discrimination or is likely to incite hatred, or (f) in any way which may infringe the intellectual property rights of third parties or which promotes any unlawful act.             

As part of using the Services, You may be asked to provide a username and password and other personal information (while going through the checkout process or otherwise). The username, password or any other information, are provided to Us as part of Our security procedures. You must treat such information as confidential and You must not disclose it to any third party. You will be responsible for any losses incurred as a result of unauthorized access due to a failure to keep Your username and password secure. We have the right to disable any username or password, at any time, if in our opinion You have failed to comply with any of the provisions of these Terms of Use.             

The use of the Services is subject to Us verifying to Our satisfaction Your identity, order details, image (if applicable) and compliance with these Terms of Use.

We may delete or remove any image that has been uploaded in breach of these Terms of Use and/or we may, in Our sole discretion, refuse or decline to process and/or service any order for Products.              

We may suspend or terminate Your use and/or the provision of the Services (a) if we believe that Your use of the Services may cause Us to be in breach of our regulatory requirements, (b) if You are in breach of Terms of Use, or (c) at any time, at Our sole discretion, for any or for no reason at all. Upon termination or suspension we will cease the provision of the Services to You.

By checking the relevant checkbox in the checkout screens, You expressly consent to us sending You updates and marketing e-mails for the duration of Your use of the Services. You may withdraw Your consent to receiving marketing e-mails at any time.               

Warranty Disclaimers, Limitation of Liability and Indemnification              

Other than expressly set forth in these Terms of Use and to the maximum extent permitted by applicable law, We hereby disclaim all other warranties, either express, implied or statutory in relation to the provision of the Services.

The Services are provided to You via the Host Application which is not owned by Us in any way and as such (a) We accept no responsibility and/or any liability for the content or materials that are displayed or published on the Host Application, other then materials which have been expressly approved by Us, (b) With respect to any personalized Products, We accept no responsibility and/or any liability for damaged, corrupted, unauthorized and/or incorrect digital images provided to Us via the Host Application due to actions and/or omissions of the Host Application, unless We, in Our sole discretion, decide otherwise, and (c) We accept no responsibility and/or any liability for any delay, suspension or termination of the provision of the Services via the Host application due to actions and/or omissions of the third party which is effectively operating or responsible operating for the Host Application.

Notwithstanding anything to the contrary herein, The Services are provided on an "AS IS" basis and (a) You acknowledge that the Host Application may not be free of bugs or errors and agree that the existence of minor bugs or errors shall not constitute a breach of these Terms of Use, (b) You remain responsible for Your own hardware, images and any other data uploaded via the Host Application and You remain solely responsible for making back-ups to protect Your images and any other data contained on Your account, (c) We accept no responsibility for any liability that arises in connection with any infringement of third party intellectual property rights by the Host Application, (d) We accept no responsibility for any liability that arises in connection with third parties unlawfully obtaining access to Your account in order to abuse the nature and intent of the Services, (e) We accept no responsibility for any liability which arises due to the abuse of the Services by any third party and/or due to any sexual harassment and/or invasion of Your privacy due to the actions and/or omissions of any third party, (f) We accept no responsibility for any liability which arises due to the publication, transfer, distribution and/or dissemination of any profane, defamatory, obscene, indecent or unlawful topic, name, material or information via the Services, (g) We accept no responsibility for any liability that arises in connection with the theft of Your username or password by unauthorized third parties, (h) We accept no responsibility for any liability which arises due to false and/or inaccurate information provided by You as part of Your use of the Services, (i) We accept no responsibility for any liability related to or in connection with any actions and/or omissions by third party service providers which may assist Us in providing the Services, and (j) We shall not be liable for any delay or failure to perform any of our obligations under these Terms of Use insofar as the performance of such obligations is prevented by an event, by matters or by any third parties beyond our reasonable control.             

The materials displayed on the Host Application in connection with the Services and the Services are provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We and third parties connected to us hereby expressly exclude liability in either contract, tort, negligence, statutory duty or otherwise arising out of the use of or access to the Host Application and/or the Services, including but not limited to, any errors or omissions contained in the Host Application and/or the Services or if the Host Application or the Services are unavailable and We shall not be liable for any, direct or indirect (a) economic losses, including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings, (b) loss of goodwill or reputation, or (c) special, incidental, indirect consequential loss or damage, suffered or incurred arising out of or in connection with Your use of the Host Application, the Services and these Terms of Use.             

To the maximum extent permitted by law, Our maximum aggregate, cumulative liability under or in connection with Your use of the Services and/or these Terms of Use, or any collateral contract, whether in contract, tort (including but not limited to negligence) or otherwise, shall not exceed the amount of fifty U.S. dollars (U.S. $50).

As a User, You agree to indemnify Us against all costs, liabilities, expenses, losses or damages which We may sustain or incur in connection with (a) any claim of any nature that any of the images or other materials uploaded by You or on Your behalf and/or subsequently manufactured as a personalized product infringe the intellectual property rights of any third party, and (b) any claim of any nature that any of the images or other materials uploaded by You or on Your behalf and/or subsequently manufactured as a personalized product infringe the privacy of any individual.             

Intellectual Property Rights

You shall retain all intellectual property rights arising from the images and any other materials that You own and upload via the Host Application. We shall have the right to use, copy, distribute, print and disclose to third parties any images uploaded by You and any other materials for the purpose of providing the Services. For the avoidance of doubt, our right to use Your images and intellectual property rights shall continue in perpetuity regardless of whether You terminate Your use of the Services.             

We are the owner or the licensee of all intellectual property rights in the materials published or provided to You as part of the Services, including but not limited to (a) patents, designs, trade marks and trade names (whether registered or not), copyright and related rights, database rights, knowhow and confidential information, (b) all other rights of a similar nature or having an equivalent effect which currently exist, or which will be recognized in the future, and (c) applications, extensions and renewals in relation to any of these rights.             

If You print off, copy or download any part of the materials published or provided to You as part of the Services in breach of these Terms of Use, Your right to use the Services will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.             

Updates to the Services              

We may update the Services from time to time may change the content in connection with the Services at any time. If the need arises, we may suspend access to the Services, or cease to provide it indefinitely. Any of the materials in connection with the Host Application may be out of date at any given time and we are under no obligation to update such materials.             

Information about You and Your Use of the Services             

We process information about You in connection with Your use of the Services. By using the Services, You consent to such processing and You warrant that all data provided by You is accurate.

Viruses, Hacking and Misuse             

You must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Services or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Services will cease immediately.             

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, mobile device data or other proprietary material due to Your use of the Services or to Your downloading of any material posted in connection with the Services, or on any application linked to it.              

Links from the Host Application             

Where We provide links to other sites and resources provided by third parties, these links are provided for Your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them.              

Governing Law and Jurisdiction              

These Terms will be governed by and construed in accordance with the laws of England and any action or proceeding arising from or relating to these Terms must be brought exclusively before the courts of London, England, and each party irrevocably submits to the jurisdiction and venue of such courts.             

Miscellaneous             

We may revise these Terms of Use or any documents referred to herein, at any time and at Our sole discretion, by publishing the revised Terms of Use (or any documents referred to in it) on this page. You are expected to check this page regularly to take notice of any changes, as they will be binding on You from the date on which they are posted on this page.             

You may not transfer or assign Your rights or obligations in relation to Your use of the Service without Our prior written consent. We may transfer or assign Our rights and/or obligations. If we do so, We will provide You via e-mail a written notice of the transfer or assignment.

The failure to exercise, or delay in exercising, a right, power or remedy provided by these Terms of Use or by law shall not constitute a waiver of that right, power or remedy.

If any provision, or part of a provision, of these Terms of Use, is found to be illegal, invalid or unenforceable, that provision or part of provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.

These Terms of Use represent an agreement between You as User of the Services and us as providers of the Services, and no other person can enforce any of its provisions.             

These Terms of Use constitute the entire agreement between You and Us in connection with the use of the Services, and replaces and extinguishes all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.              

If We need to contact You, we will do so by e-mailing You to the e-mail address provided by You. You must notify us if You change Your e-mail address.              

If You have any concerns about material which appears in connection with the Services or wish to contact us for any other reason, please contact support@tap2print.com.

 


Annex B

Revenue Sharing and Payment

 

1.        In consideration for Your incorporation of the Plug-In to Your Application pursuant to and in accordance with the Terms, You will be entitled to revenue payment in the rate of 20% of the "Qualified Revenues" (the "Developer's Portion") generated by Tap2print from the Services, provided that You have an active PayPal account designated by You for the receipt of such payment ("Your PayPal Account").

 

In this Annex B to the Terms of Use, "Qualified Revenues" shall mean the aggregate amount paid to Tap2print by an End User in consideration for an order submitted to Tap2print through the Plug-In incorporated into Your Application pursuant to and in accordance with the Terms less, (i) all commissions paid by Tap2print to PayPal, or other amount deducted by PayPal or any other third party on PayPal's behalf in connection with Tap2print's receipt of payment from the End User in consideration for the Services, (ii) any and all refunds made by Tap2print to such End User, and (iii) all expenses required to cover reprints and other aims of End User compensation due to a wrong, incorrect and/or inaccurate presentation to such End User of the manufactured image by Your Application.

 

2.        The Developer's Portion will be accumulated and routed on a monthly basis to Your PayPal account (each, a "Payment Transfer"), provided however that the Developer's Portion of the Qualified Revenues will be transferred to You only after the lapse at least 60 days following the receipt of the Qualified Revenues by Tap2print. The minimum amount for a Payment Transfer is US$10.00. In case an amount of less than US$10.00 was accumulated in an applicable month during the Term, such accumulated amount will be added the next applicable Payment Transfer in which an amount of US$10.00 or more is transferred to You.

 

3.        All Payment Transfers shall be made by Tap2print through PayPal services and shall be charged by PayPal, all subject to PayPal's terms and conditions.

 

4.        In case another revenue share method or rate will be agreed in writing between You and Tap2print, such new agreement will override and replace the relevant part of this Annex B.


Annex C

Technical Guidelines

-        Integration of the API or SDK shall be done according to Tap2print instructions as given in the developers website and any other method (i.e. email, call etc).

-        Any new application version shall be released with the most updated SDK/API version. It's Your sole responsibility to check for available SDK/API versions and use them.

-             Tap2print will support the last released SDK or API version and the current one. Older versions may not be supported and it's Your responsibility to update the application version with the new SDK/API version. You shall give your users an exact preview of the image that is going to be uploaded to Tap2print's Services

-        Every new Application version needs to be tested against the sandbox environment and according to the test instructions available in the developers portal

-        The testing shall include (but not limited to):

o         Testing all possible image dimensions and orientations created by Your Application and to validate that the PDF is created correctly at all cases.

o         Testing all possible file sizes.

o         Testing the relevant platforms and operation system versions.

o         Test error handling.

o         In case of using the API - in addition to the above - testing all API used options and input fields