These Terms of Use (“Terms”) govern your access to and use of the Tap website and any public pages, content, forms, demonstrations, assessments, calculators, chat experiences, downloads, and other public features made available through it (collectively, the “Site”).
By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site. If you use the Site for an organization, you represent that you have authority to bind that organization.
Section 1: Other agreements
These Terms govern the public Site. Access to paid or customer-only Tap products and services is governed by the applicable order form, customer terms, master services agreement, data processing agreement, and any other written agreement with TapClicks (collectively, the “Customer Agreement”). If these Terms conflict with a Customer Agreement, the Customer Agreement controls for the products, services, and data covered by it.
Section 2: Eligibility
You must be at least 18 years old, or the age of legal majority where you live, and legally capable of agreeing to these Terms. The Site is intended for business and professional use.
Section 3: Permitted use
Subject to these Terms, TapClicks grants you a limited, revocable, nonexclusive, nontransferable right to access and use the Site for lawful business evaluation and informational purposes. You may download materials that TapClicks intentionally makes available for download and use them for their stated purpose, while retaining all notices.
Section 4: Prohibited conduct
You may not, and may not help another person to:
- Use the Site unlawfully, fraudulently, deceptively, or in a way that infringes another person’s rights.
- Access an account, system, data, or part of the Site without authorization, or defeat authentication, access, rate, or security controls.
- Probe, scan, test, attack, disrupt, overload, introduce malicious code into, or interfere with the Site or connected systems.
- Scrape, crawl, index, harvest, or use automated means to access the Site except as expressly authorized in writing or through a published interface.
- Reverse engineer, decompile, disassemble, decode, or attempt to discover source code, models, methods, or nonpublic components, except where a law expressly allows it despite this restriction.
- Copy, frame, mirror, republish, sell, sublicense, or commercially exploit the Site or its content except as expressly permitted.
- Impersonate another person, misstate an affiliation, submit inaccurate information, or use the Site to send spam or harmful content.
- Use Site content, data, output, or access to develop, train, fine-tune, test, benchmark, validate, improve, or provide a competing product, dataset, model, or service without TapClicks’ written permission.
- Attempt to extract training data, prompts, system instructions, model parameters, confidential information, personal information, or nonpublic data from the Site or any AI-assisted feature.
- Remove, obscure, or alter proprietary notices, attribution, access controls, usage limits, technical protections, or digital-rights information.
- Use the Site or its output as the sole basis for a decision that determines another person’s legal rights or access to employment, credit, housing, education, insurance, healthcare, or another high-impact service.
Section 5: Information you submit
You are responsible for information you submit through the Site and represent that you have the rights and permissions needed to provide it. Do not submit confidential customer data, personal information you are not authorized to provide, protected health information, payment-card data, credentials, or other sensitive information through a public form or demonstration unless TapClicks has expressly approved that use in writing.
You grant TapClicks a nonexclusive right to host, use, reproduce, and process submitted information as reasonably necessary to operate the Site, respond to you, prevent misuse, and provide a requested experience. Our handling of personal information is described in the Tap Privacy Policy.
Unless TapClicks has signed a separate confidentiality agreement covering specific information, information submitted through a public Site form, demonstration, feedback channel, or similar public feature will not be treated as confidential. You should not submit trade secrets or other information that requires confidential treatment through those channels.
Section 6: Demonstrations and test environments
A demonstration, preview, sandbox, trial, beta, early-access feature, or prototype may use sample information, limited functionality, or experimental features. It is provided solely for evaluation and may be changed, suspended, or removed at any time. It may not be supported, secure, accurate, available, or suitable for production use. Unless TapClicks expressly authorizes otherwise in writing, do not use a public, trial, or pre-release environment for production activity, consequential decisions, or sensitive data.
Section 7: AI-assisted and informational output
The Site may provide AI-assisted summaries, recommendations, estimates, benchmarks, scores, or other informational output. Output may be incomplete, outdated, misleading, or inaccurate. It does not constitute legal, financial, accounting, tax, employment, credit, housing, insurance, medical, or other regulated professional advice. You must independently evaluate output and use appropriate qualified human review before relying on it, communicating it to others, or using it for a decision. You remain responsible for your decisions, actions, and results. TapClicks does not guarantee any outcome.
Section 8: Intellectual property
The Site, its design, software, text, graphics, video, audio, data compilations, trademarks, logos, models, methods, outputs, and other content are owned by or licensed to TapClicks and are protected by intellectual-property, trade-secret, and unfair-competition laws. Except for the limited permission expressly granted in these Terms, no right or license is granted to you by implication, estoppel, or otherwise. TapClicks and its licensors reserve all rights not expressly granted. “Tap,” “TapClicks,” and associated names and marks may not be used without prior written permission.
Section 9: Feedback
If you voluntarily provide ideas, suggestions, or feedback, you grant TapClicks a perpetual, worldwide, irrevocable, royalty-free right to use and incorporate it without restriction or compensation. Do not provide feedback you consider confidential.
Section 10: Third-party services and links
The Site may link to or interoperate with third-party websites, tools, content, or services. TapClicks does not control and is not responsible for their availability, content, security, or practices. Your use of a third-party service is governed by that third party’s terms.
Section 11: Privacy and data processing
The Tap Privacy Policy explains how TapClicks handles personal information in connection with the Site. Customer-directed processing in the Tap Services is governed by the applicable Customer Agreement and DPA. The Tap Data Processing page explains those roles at a high level but does not replace the DPA.
Section 12: Electronic communications
You consent to receive notices and communications electronically, including by email or through the Site, and agree that electronic communications satisfy any legal requirement that a communication be in writing. Marketing communications remain subject to applicable law and your available choices.
Section 13: Availability and changes
TapClicks may change, suspend, restrict, or discontinue any part of the Site at any time, with or without notice. TapClicks has no obligation under these Terms to provide support, maintenance, updates, corrections, continued availability, or any particular feature. We do not promise that the Site will always be available, uninterrupted, secure, accurate, complete, or error-free. Content, availability, and pricing may change, and errors may be corrected, without notice.
Section 14: Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, OUTPUT, DEMONSTRATIONS, TRIALS, AND PUBLIC FEATURES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TAPCLICKS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, SECURITY, QUIET ENJOYMENT, AND RESULTS, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TAPCLICKS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, CURRENT, COMPATIBLE WITH YOUR SYSTEMS, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECT WILL BE CORRECTED.
YOU ASSUME ALL RISK ARISING FROM YOUR ACCESS TO AND USE OF THE SITE, YOUR RELIANCE ON CONTENT OR OUTPUT, AND YOUR INTERACTION WITH THIRD-PARTY SERVICES. TAPCLICKS IS NOT RESPONSIBLE FOR DECISIONS OR ACTIONS YOU OR ANOTHER PERSON TAKE BASED ON SITE CONTENT OR OUTPUT.
Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.
Section 15: Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAPCLICKS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, COVER, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO THE SITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAPCLICKS’ TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TAPCLICKS FOR THE RELEVANT PUBLIC-SITE TRANSACTION DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) USD 100. THE PARTIES AGREE THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
These limitations do not apply to liability that cannot be limited or excluded by law. A Customer Agreement may provide different remedies and limits for paid services.
Section 16: Indemnity
To the extent permitted by law, you will defend, indemnify, and hold harmless TapClicks and its affiliates, officers, directors, employees, agents, licensors, and providers from third-party claims, demands, proceedings, damages, judgments, losses, liabilities, costs, and reasonable attorneys’ fees arising from or relating to your submitted information, your access to or use of the Site, your violation of these Terms or applicable law, or your infringement or misappropriation of another person’s rights. TapClicks may control the defense and settlement of a covered matter, and you will reasonably cooperate. You may not settle a matter in a way that admits fault by, imposes obligations on, or fails to fully release a TapClicks party without TapClicks’ prior written consent.
Section 17: Suspension and termination
TapClicks may investigate suspected violations and may suspend, restrict, or terminate your access to the Site immediately if we reasonably believe you violated these Terms, created risk or potential legal exposure, threatened the security or operation of the Site, or if suspension is required by law or a government request. TapClicks may preserve and disclose information as reasonably necessary to comply with law, enforce these Terms, investigate misuse, prevent fraud or security threats, or protect the rights, property, and safety of TapClicks, users, or the public. You may stop using the Site at any time. Provisions that by their nature should survive will survive, including intellectual property, feedback, disclaimers, liability limits, indemnity, governing law, and miscellaneous terms.
Section 18: Governing law and venue
Unless a Customer Agreement says otherwise, these Terms and any dispute arising from or relating to them or the Site are governed by the laws of the State of California, without regard to conflict-of-laws principles. You irrevocably agree to exclusive personal jurisdiction and venue in the state and federal courts located in Santa Clara County, California, and waive any objection based on inconvenient forum or similar grounds. Any claim relating to these Terms or the Site must be filed within one year after the claim arose, or it is permanently barred, unless applicable law does not allow that limit.
Section 19: Changes to these Terms
We may update these Terms by posting a revised version and updating the effective date. If required by law, we will provide additional notice. Your continued use of the Site after revised Terms become effective means you accept them.
Section 20: Miscellaneous
These Terms are the entire agreement between you and TapClicks regarding the public Site, subject to any applicable Customer Agreement. If a provision is unenforceable, it will be modified only as much as necessary to make it enforceable, and the remaining provisions will continue. TapClicks’ failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated. You may not assign or transfer these Terms without TapClicks’ prior written consent; any prohibited assignment is void. TapClicks may assign these Terms in connection with a reorganization, merger, financing, sale, or transfer of the relevant business or assets. These Terms do not create a partnership, joint venture, agency, employment relationship, fiduciary duty, or third-party beneficiary right.
You must comply with applicable export-control, import, economic-sanctions, and anti-boycott laws. You may not use the Site if you are located in, ordinarily resident in, organized under the laws of, or owned or controlled by a restricted territory, or if you are a prohibited or restricted party, except as authorized by applicable law. You may not use the Site for the benefit of a restricted party or in connection with a prohibited end use.
Section 21: Contact and copyright notices
Questions about these Terms and notices of claimed copyright infringement may be sent to:
TapClicks, Inc.ATTN: Legal Department
3031 Tisch Way, Suite 900
San Jose, CA 95128
Email: legal@tapclicks.com
Phone: (866) 626-1088