Effective date: Aug 25, 2023 00:00 UTC-6

TERMS OF USE AND PRIVACY POLICY


BY USING OUR SERVICES, YOU ARE AGREEING TO THE FOLLOWING TERMS OF USE (the “AGREEMENT” or “TERMS”). Do not sign up or use taphero.com if you do not agree to these Terms.

Foreword

Below are the rules and restrictions that govern your use of our website(s), products, services, and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at info@taphero.com. You will be bound by these terms, so you should read them. That said, you are probably at this page seeking the answer to one question:

Changes to these Terms

These Terms of Use (the “Terms”) are a binding contract between you and TapHero Inc.. (“TapHero,” “we” and “us”). You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

Occasionally it may be necessary to change these Terms due to changes in the Services or the law. Accordingly, we reserve the right to change the Terms at any time. If the terms are changed, we will bring it to your attention by placing a notice on our website, sending you an email, and/or by some other means. If you don't agree with the changes, you will not be able to continue using the Services.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Your Use of the Services

To use our Services you will be required to provide a phone number for use as your TapHero User ID.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).

If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.

You are responsible for protecting the security of your account (e.g., by not sharing access to the password or mobile device you use for logging in to TapHero), and you are responsible for any activity associated with your account.

You represent, warrant, and agree that you will not contribute any Service Data or Content (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including TapHero);

(b) Violates any law or regulation, including any applicable export control laws;

(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d) Jeopardizes the security of your account or anyone else's (such as allowing someone else to log in to the Services as you);

(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;

(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);

(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

(i) Copies or stores any significant portion of the Content;

(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including TapHero's) rights.

You understand that TapHero owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

Any information or content that you provide through the Services is your “Service Data.” Service Data includes “Limited Audience Service Data”, which is data, such as chat messages and audio recordings and transcripts, that is either not accessible to TapHero users, or is only accessible to the specific TapHero users with which you shared it.  All Service Data which is not Limited Audience Service Data is “Public Service Data” (e.g., the Content that is part of your TapHero profile.).In order to display your Public Service Data on the Services, and to allow other users to view them (where applicable), you grant us certain rights in that Public Service Data. Please note that all of the following licenses are subject to our Privacy Policy (attached hereto as Appendix A) to the extent they relate to Public Service Data that are also your personally-identifiable information.

For all Public Service Data, you hereby grant TapHero a license to translate, modify (for technical purposes, for example making sure your Content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such Public Service Data, in each case to enable us to operate the Services, as described in more detail below. This is a license only - your ownership in Public Service Data is not affected.

For all Limited Audience Service Data you grant TapHero the licenses above, as well as a license to display, perform, and distribute your Limited Audience Service Data for the sole purpose of making that Limited Audience Service Data accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience Service Data, and to use and exercise all rights in it, as permitted by the functionality of the Services. You also grant TapHero a license to use your Limited Audience Service Data for improving its services including, but not limited to, training machine learning models.

If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (“Feedback”), then you grant TapHero the licenses above, as well as a license to use, display, perform, and distribute your Feedback in connection with TapHero's business.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your account, we will stop displaying your Public Service Data  to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from TapHero's records, and that your Public Service Data may remain viewable elsewhere to the extent that they were copied or stored by other users.

Finally, you understand and agree that TapHero, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your Public Service Data to conform and adapt your Public Service Data to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by TapHero. When you access third party websites or use third party services, you accept that there are risks in doing so, and that TapHero is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

TapHero has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, TapHero will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that TapHero shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that TapHero is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release TapHero, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

Changes to the Services

We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Billing

Certain portions of the Services are currently free, but we reserve the right to charge for other portions or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. If you choose to upgrade to a paid version of the Services, then you will pay the applicable fees set forth during the subscription process. The subscription fee for the paid version (the “Subscription Fee”) will be charged to you in advance, to the credit card you provided during the subscription process.

If you choose a subscription-based plan, you may cancel the subscription at any time to prevent the subscription from renewing at the end of the then-current billing cycle. Subscription Fees are non-refundable.

If you choose a subscription-based plan, your subscription will automatically renew in accordance with the billing plan that you selected. TapHero may change the Subscription Fee upon notice to you, but such change will only take effect once your then-current subscription term has ended. If you do not wish to pay the new Subscription Fee, your only remedy shall be to cancel or downgrade your subscription.

TapHero is also free to terminate (or suspend access to) your use of the Services, for any reason in our discretion, including your breach of these Terms. TapHero has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Termination of your account may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your access to the Services so that you are able to retrieve any important Service Data (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of TapHero.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

Other Terms

Warranty Disclaimer. Neither TapHero nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY TAPHERO (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON¬INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CALENDARBRIGE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold TapHero, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without TapHero's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Chicago, Illinois, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Chicago, Illinois, or the Northern District of Illinois. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.

Warranty Disclaimer. Neither TapHero nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY TAPHERO (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON¬INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CALENDARBRIGE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold TapHero, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without TapHero's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Chicago, Illinois, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Chicago, Illinois, or the Northern District of Illinois. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.

Warranty Disclaimer. Neither TapHero nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY TAPHERO (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON¬INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CALENDARBRIGE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold TapHero, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without TapHero's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Chicago, Illinois, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Chicago, Illinois, or the Northern District of Illinois. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND TAPHERO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the TapHero may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and TapHero agree that these Terms are the complete and exclusive statement of the mutual understanding between you and TapHero, and that it supersedes and cancels all previous written and oral agreements,

communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of TapHero, and you do not have any authority of any kind to bind TapHero in any respect whatsoever.

Miscellaneous You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the TapHero may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and TapHero agree that these Terms are the complete and exclusive statement of the mutual understanding between you and TapHero, and that it supersedes and cancels all previous written and oral agreements,

communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of TapHero, and you do not have any authority of any kind to bind TapHero in any respect whatsoever.

Appendix A – TapHero Privacy Policy

By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of TapHero’s Services is at all times subject to the Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use. If you have any questions or concerns regarding our privacy policies, please send a detailed message to info@TapHero.com and we will try to resolve your concerns.

Overview

This Privacy Policy covers our treatment of personally identifiable information ("Personal Information") that we gather when you are accessing or using our Services, but not to the practices of companies we don't own or control, or people that we don't manage. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our services, to allow you to set up your account, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.

As noted in the Terms of Use, we do not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at info@TapHero.com.

Changes to this Privacy Policy

As our services or the law change, we may need to change this Privacy Policy from time to time, but we will alert you to changes by placing a notice on TapHero.com, by sending you an email, and/or by some other means. Please note that if you've opted not to receive legal notice emails from us (or you haven't provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

Information that TapHero Collects

Information You Provide to Us. We receive and store any information you knowingly provide to us. For example, we may receive or collect Personal Information such as your name, email address, phone number, and Connected Account credentials (although for many third-party services that support the OAuth protocol, TapHero does not store or see those credentials. This includes, for example, Microsoft and Google accounts when using "Sign in with Google" and "Sign in with Microsoft" features). If you provide your Connected Account credentials to us or otherwise connect the Services to a third party site or service, you understand some content and/or information in those Connected Accounts (“Third Party Account Information”) may be transmitted to us, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy; for example, your list of contacts and calendar information. Certain information may be required to register with us or to take advantage of some of our features.

We may communicate with you if you've provided us the means to do so. For example, if you've given us your email address or phone number, we may send you promotional offers on behalf of other businesses, or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please indicate your preference by using the “unsubscribe” link or instructions at the bottom of our messages.

Information Collected Automatically. Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, “cookie” information, the type of browser and/or device you're using to access our Services, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device's acceptance of cookies, but this may prevent you from taking advantage of some of our features.

If you click on a link to a third-party website or service, a third-party may also transmit cookies to you. Again, this Privacy Policy does not cover the use of cookies by any third parties, and we aren't responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

When you use text messaging and calling features of the Services, TapHero may store the content of those messages and calls.

We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services - for example, use the chat and call transcripts to train machine learning models or use user activity data to determine how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.

Sharing of Personal Information

We do not rent or sell your Personal Information in personally identifiable form to anyone. We may share your Personal Information with third parties as described in this section:

Information that's been de-identified. We may de-identify your Personal Information so that you are not identified as an individual, and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.

Affiliated Businesses. In certain situations, businesses or third-party websites we're affiliated with may provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third-party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business' or websites' policies.

Agents. We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we use a payment processing company to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us. Note that an “agent” may also be considered a “partner” in certain circumstances, and would be subject to the terms of the “Information that's been de-identified” section in that regard.

User Profiles and Submissions. Certain user profile information, including your name, location, and any video or image content that you use in connection with the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services.

Business Transfers. We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.

Protection of TapHero and Others. We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of TapHero, our employees, our users, or others.

Security of Personal Information

Login to your account requires a one-time code for your privacy and security. If you access the Services via a third-party site or service, you may have additional or different sign-on protections via that third-party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. We endeavor to protect the privacy of your Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

What Personal Information can I access?

Through your account settings, you may access, and, in some cases, edit or delete the following information you've provided to us:

  • Name

  • Mailing Address

  • Phone Number

  • Email Address


The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at info@TapHero.com.

California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: info@TapHero.com.

Controlling Your Personal Information

You can always opt not to disclose information to us, but keep in mind some information may be needed to take advantage of some of our features.

You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. Some information may remain in our records after you cease using the Services. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

EU Residents

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. If TapHero is not processing your Personal Data on behalf of a third party, TapHero will be the controller of your Personal Data processed in connection with the Services.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. Category of Data Source of Data Purpose of

Category of Data

Source of Data 

Purpose of Processing

Grounds for Processing

Specific Legitimate Interest (if applicable)

Retention Period of Such Data

Customer Contact Data (Name, Mailing Address, Email Address, Phone Number)

Customer Contact Data (Name, Mailing Address, Email Address, Phone Number)

Data Subject

Data Subject

To provide the Services to you.

To provide the Services to you.

Legitimate Interests

Legitimate Interests

To protect the security of your account, to communicate with you about the Services, and to allow you to access the functionality of the Services.

To protect the security of your account, to communicate with you about the Services, and to allow you to access the functionality of the Services.

As long as your account is considered to be active.

As long as your account is considered to be active.

Scheduling Preferences and Links

Scheduling Preferences and Links

Data Subject

Data Subject

To provide the Services to you.

To provide the Services to you.

Legitimate Interests

Legitimate Interests

To allow you to schedule and manage events with third parties.

To allow you to schedule and manage events with third parties.

As long as your account is considered to be active.

As long as your account is considered to be active.

User's Company Profile Data (e.g. company website URL, company email address, company product name etc.)

User's Company Profile Data (e.g. company website URL, company email address, company product name etc.)

Data Subject

Data Subject

To provide the API functionality of the Services to you.

To provide the API functionality of the Services to you.

Legitimate Interests

Legitimate Interests

To allow you to integrate the scheduling functionality of the Services into your own website or application.

To allow you to integrate the scheduling functionality of the Services into your own website or application.

As long as your account is considered to be active.

As long as your account is considered to be active.

Credit Card Information and Billing Address

Credit Card Information and Billing Address

Data Subject

Data Subject

To provide you with paid access to the Services.

To provide you with paid access to the Services.

Legitimate Interests

Legitimate Interests

To enable you to purchase the paid portions of the Services.

To enable you to purchase the paid portions of the Services.

As long as your account is considered to be active.

As long as your account is considered to be active.

Device Information (operating system, web browser etc.)

Device Information (operating system, web browser etc.)

Data Subject

Data Subject

To provide the Services to you.

To provide the Services to you.

Legitimate Interests

Legitimate Interests

To allow you to access the functionality of the Services.

To allow you to access the functionality of the Services.

As long as your account is considered to be active.

As long as your account is considered to be active.

IP address

IP address

Data Subject

Data Subject

To provide the Services   to you (to determine timezone for scheduling)

To provide the Services   to you (to determine timezone for scheduling)

Legitimate Interests

Legitimate Interests

To allow you to access the functionality of the Services.

To allow you to access the functionality of the Services.

As long as your account is considered to be active.

As long as your account is considered to be active.

Chat and Audio transcripts

Chat and Audio transcripts

Data Subject

Data Subject

To provide the Services to you.

To provide the Services to you.

Legitimate Interests

Legitimate Interests

To improve the quality of our services, enhance customer experience, and provide efficient support to our customers. Saving audio transcripts allows us to analyze and review interactions, identify trends, and train our machine learning algorithms to better understand and respond to customer needs.

To improve the quality of our services, enhance customer experience, and provide efficient support to our customers. Saving audio transcripts allows us to analyze and review interactions, identify trends, and train our machine learning algorithms to better understand and respond to customer needs.

Forever

Audio recordings

Audio recordings

Data Subject

Data Subject

To provide the Services to you.

To provide the Services to you.

Legitimate Interests

Legitimate Interests

To improve the quality of our services, enhance customer experience, and provide efficient support to our customers. Saving audio transcripts allows us to analyze and review interactions, identify trends, and train our machine learning algorithms to better understand and respond to customer needs.

To improve the quality of our services, enhance customer experience, and provide efficient support to our customers. Saving audio transcripts allows us to analyze and review interactions, identify trends, and train our machine learning algorithms to better understand and respond to customer needs.

Until a transcript can be generated, but no longer than 1 year

Until a transcript can be generated, but no longer than 1 year

Data Sharing

We share Personal Data with vendors, third-party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. These parties include:


  • Payment processors (Stripe)

  • Analytics service providers (Google)

  • Messaging service providers (PostMark, MailChimp, Hubspot, Zoom)

  • Scheduling service provider (CalendarBridge)

  • Staff augmentation and contract personnel

  • Hosting service providers (AWS)

  • Audio and Video calling service provider (Zoom)


We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:


  • Other users (where you schedule events with them)

  • Third party business partners who you access through the Services

  • Other parties authorized by you


We also share information with third parties when you have given us consent to do so (as indicated at the point such information is collected).

We also share Personal Data when we believe it is necessary to:


  • Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies

  • Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications, and investigate or protect against fraud

  • Maintain the security of our products and services


Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, are acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

Data Retention

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services. In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

Security Measures

We seek to protect Personal Data using reasonable technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, we use encryption when sending and storing Personal Data. We do not sell Personal Data to third parties, and only allow third-party access to Personal Data in order to improve the Services or for the purpose of analytics. We use OAuth to ensure a secure sign up and authentication process, SSL connections to manage the storage of Personal Data, and firewalls for additional protection of stored Personal Data.

Rights regarding your personal data

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email info@TapHero.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

Access. You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by logging into TapHero and viewing your account settings.

Rectification. If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by accessing your account settings. You can correct some of this information directly by logging into TapHero and editing your information from the account settings page.

Erasure. You can request that we erase some or all of your Personal Data from our systems.

Withdrawal of Consent. If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.

Portability. You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

Objection. You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.

Restriction of Processing. You can ask us to restrict further processing of your Personal Data.

Right to File Complaint. You have the right to lodge a complaint about TapHero's practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

Children. We request individuals under 16 not provide personal data to TapHero. If we learn that we have collected the personal data from a child under 16, we will take steps to delete the information as soon as possible.

Transfers of Personal Data. The Services are hosted and operated in the United States (“U.S.”) through TapHero and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to TapHero in the U.S. and will be hosted on U.S. servers, and you authorize TapHero to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. pursuant to a data processing agreement incorporating standard data protection clauses promulgated by the European Commission, a copy of which can be obtained at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087.