Term & Conditions
Welcome, and thank you for your interest in Tapita – a page builder application on Shopify (the ‘App’) and our website at https://www.tapita.io, along with our related websites, networks, applications, and other services provided by us, our subsidiaries and our affiliates (collectively, the “Tapita Service” or “Service”).
These Terms of Service are a legally binding contract between you and Tapita (collectively, “Tapita”, “we,” or “us”) regarding your use of the Service. Please read these terms carefully, and keep a copy of them for your reference if possible.
In this Agreement, “you,” “your” and “Customer” will refer to you. If you are visiting, using or registering for any Tapita Service on behalf of an entity or other organization, you are agreeing to these Terms for that entity or organization and representing to Tapita that you have the authority to bind that entity or organization to these Terms (and, in which case, the terms “you”, “your” and “Customer” will refer to that entity or organization).
Licenses
Limited License
Subject to Your complete and ongoing compliance with these Terms, Tapita grants You, solely for Your access to and use of the Service, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service strictly in accordance with these terms of use.
Feedback
If You choose to provide input and/or suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then You hereby grant Tapita an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to freely use and exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
Changes
These Terms
Tapita may revise these Terms from time to time. If Tapita does revise these Terms, the revised Terms will supersede prior versions, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable, and apply to any continued or new use of the Services. Your continued access or use of the Tapita Service constitutes your acceptance of any revisions. If you don’t agree to the revisions, you must immediately leave Tapita Websites and discontinue all use of the Tapita Service.
Tapita Service
We are constantly innovating and finding ways to provide our users with new features and services. Therefore, we may, without prior notice, change the Service, add features, stop providing the Service or features of the Service to you or to users generally, or create usage limits for the Service. We may permanently or temporarily terminate, downgrade, suspend, or prohibit your access to the Service without prior notice and liability for any or no reason, including if, in our sole determination, you violate any provision of this Agreement. You may discontinue or terminate your use of the Service at any time.
General Payment Terms
Fees
Customers will pay Tapita the fees set forth in Tapita’s standard pricing plan, as may be updated from time to time, or any other order forms for the Tapita Service ordered by you and accepted in writing by Tapita. Tapita may change the terms of its pricing plan at any time by updating the pricing plan web pages on its website located at https://tapita.io/ (the “Site”). Customer is responsible for checking the Site for any updates to the applicable pricing plan. All changes to Tapita’s pricing plan will be effective upon Customer’s next app installations. All fees are due and payable as part of Shopify’s 30-day subscription billing period. However, Tapita Service has a separate 30-day billing cycle, which impacts the charges you will see on your Shopify bill. Payment obligations are non-cancelable and non-pro-ratable for partial months, and fees paid are non-refundable, except as expressly set forth herein. Customer is solely responsible for collecting and paying any fees associated with transactions between Customer’s end users and Customer. Tapita, at its sole discretion, may make promotional offers with different features and pricing to any of Tapita’s customers. These promotional offers, unless made to You, will not apply to the Service we provide to You or these Terms as between Tapita and You.
Taxes
All amounts and fees stated or referred to in this Agreement are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, “Taxes”). Customer shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Tapita’s net income.
Refund Policy
Return Qualification
The refund request must be issued within 3 days from the date you purchased it. A refund request can be accepted only when a major problem has happened to your Tapita account, creating data loss or serious disturbance.
Since we provide a free plan where you have access to Tapita’s features, we have no obligation to provide a refund in the following situations:
- You have changed your mind about the app
- You bought Tapita under a discount
- You bought it by mistake
- You do not have sufficient expertise to use the app
- You ask for goodwill.
- You ask for refunds of prior months.
How can I issue a refund?
If you plan to get a refund, please submit a ticket at our Help Center or via Live Chat in Tapita app.
If you encounter a problem in our app, it’s better to investigate it and restore any data lost or disturbed.
Therefore, please do not uninstall Tapita – we can only help if you still have your app. Once it’s uninstalled, there’s nothing we can do.
What will happen to my Tapita pages?
An issue for a refund with Tapita also means that you will stop using Tapita paid plans. If you decide to downgrade from Proffesional, Standard or starter plan to Free plan you will be able to have only access to Free plan features including the number of published pages.
How can I receive the refund?
Once we receive your refund request. If the billing cycle has been paid; we will process the refund for you.
Please note that we cannot avoid future charges, as it’s under control of Shopify Billing team. We can only refund you after you have paid for the charge. Due to Shopify’s policy, we don’t handle this refund by ourselves, so we really appreciate your understanding and patience.
When will I receive the refund?
Once qualified, your refund will be processed on the 1st or 15th day of each month.
The charge should be canceled in a few days. To keep track of the process, you can contact Shopify team directly and ask them about this issue.
Third party services & Linked Websites
Third-Party Services
Certain features and functionalities within the Service may allow You and Your customers to interface or interact with, access, use, and/or disclose information to compatible third-party services, products, technology and Content (collectively, “Third-Party Services”) through the Service. Tapita does not provide any aspect of the Third-Party Services and does not assume any liability arising in connection with any use of such Third-Party Services, including any compatibility issues, errors, or bugs in the Service or the Third-Party Services that may be caused in whole or in part by the Third-Party Services or any update or upgrade thereto. We are solely responsible for maintaining the Third-Party Services and obtaining any associated licenses and consents necessary for You to use the Third-Party Services in connection with the Service.
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
If you use third parties’ services, software or goods while using our Services, you declare that you act in compliance with their terms of use. For example, if you use YouTube while using the Services, you must comply with the applicable YouTube terms and its privacy policy as in the effective version as of the date of use of such services.
Linked Websites
The Service may also contain links to third-party websites. Linked third party websites are not under Tapita’s control, and Tapita is not responsible for their content.
Your Content and Responsibilities
Content Generally
Certain features of the Service may permit You to upload content to the Service, including photos, video, images, data, text, and other types of works (“Content”) and to publish Your Content on the Service. You retain any copyright and other proprietary rights that You may lawfully hold in Your Content.
Limited License Grant to Tapita
By uploading or otherwise publishing or providing Content to or via the Service, You grant Tapita a worldwide, non-exclusive, royalty-free, fully-paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, process, or modify for the purpose of formatting for display, and distribute such Content, in whole or in part, in any media formats and through any channels now known or hereafter developed.
Content Representations and Warranties
Tapita disclaims any and all liability in connection with all Content that You upload or otherwise publish or provide to or via the Service. You are solely responsible for all Content that You upload or otherwise publish or provide to or via the Service and the consequences of uploading or otherwise publishing or providing such Content to or via the Service. By uploading or otherwise publishing or providing any Content to or via the Service, You affirm, represent, and warrant that:
- You are the creator and owner of all Content that You upload or otherwise publish or provide to or via the Service, or have the necessary licenses, rights, consents, and permissions to authorize Tapita to use and distribute such Content as necessary to exercise the licenses granted by You in this Section, in the manner contemplated by Tapita, the Service, and these Terms;
- All Content that You upload or otherwise publish or provide to or via the Service, and the use of such Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Tapita to violate any law or regulation; and
- All Content that You upload or otherwise publish or provide to or via the Service could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
Content Disclaimer
We are under no obligation to edit or control Content that You or other users post or publish, and are not and will not be in any way responsible or liable for such Content. Tapita may, however, at any time and without prior notice, screen, remove, edit, or block any Content that we determine in our sole discretion violates these Terms or is otherwise objectionable. You understand that when using the Service, You will be exposed to Content from a variety of sources and acknowledge that such Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do hereby waive, any legal or equitable right or remedy You have or may have against Tapita with respect to such Content. If Tapita is notified by a user or Content owner that such Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice. For clarity, Tapita does not permit copyright-infringing activities in connection with the Service.
Monitoring Content
Tapita does not control and does not have any obligation to monitor: (a) Content, including any Content made available by third parties; or (b) the use of the Service by Your customers. You acknowledge and agree that Tapita reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Tapita chooses to monitor any Content, Tapita still assumes no responsibility or liability for Content or any loss or damage incurred as a result of the use of such Content.
Your Use of the Service
You agree to comply with all applicable laws and regulations applicable to Your use of the Service, including, but not limited to, any and all requirements and obligations under applicable automatic renewal and data protection laws and regulations.
End users
Roles: For the purposes of this Agreement, Tapita is acting as a “service provider” to you, and you are a “customer” of the Service, regardless of whether you pay fees to obtain the Service. Any natural persons accessing or using your Content are deemed your “End Users.” You agree that Tapita does not have a direct relationship with any of your End Users and Tapita is not responsible for how you process or otherwise handle any End User information. You acknowledge and agree that you are solely responsible for (1) providing any required notices and (2) obtaining all End User consents required under applicable data protection and marketing laws.
Applicable laws: You may have additional obligations under local law other than those described in these Terms, particularly if you or your End Users are located outside of the United States. Such obligations may be more restrictive than these Terms. Use of the Service does not ensure compliance with such laws, nor is Tapita responsible for your compliance with such laws.
Security safeguards: You will use all reasonable efforts to protect information collected from End Users via your use of the Service, including any personal information obtained from unauthorized access or use of your Account. You are solely responsible for configuring and implementing security controls to properly manage and secure your website cookies, website headers, DNS configurations, and subdomains, as well all similarly related web attributes. In the event you discover that any End User information collected by you has been breached, compromised, or inadvertently exposed to non-authorized third parties, you shall notify Tapita promptly of such a breach or exposure including the root cause, remediation steps, and compensating controls to ensure such a breach does not occur in the future.
Security notification: You are responsible for providing any applicable notices to your End Users, third parties, or authorities under any applicable data breach notification statutes and related laws. You acknowledge and agree that you are solely responsible for any losses, personal injury, or property damage to End Users arising from or relating to your use of the Service.
Privacy: As set forth above, you acknowledge and agree that you are solely responsible for providing any required notices and obtaining all required consents from End Users in connection with your use of the Service. Your notice and consent must be compliant with all applicable data protection and security laws and regulations. Without limiting the foregoing, before collecting or using any End User information, you must provide adequate notice of the End User information you collect, how it will be used and/or shared, and obtain any necessary consents required under the applicable data protection laws and regulations. You agree to comply with all applicable data protection laws and regulations (including those applying to personal information) in connection with your access and use of the Services. You will respond to any End Users wishing to exercise their privacy rights, under the applicable law, as it relates to any information collected via your use of the Services. For example, if End Users located in certain jurisdictions may exercise a “right to be forgotten” (or “erasure”) to the information you have collected about them, you shall comply with their request as required by applicable law. For clarity, you (or, the “data controller”) are directly responsible for the End User information you instruct Tapita to process when you use the Service, including any information you instruct a third-party application (made available via the Service), to process. Tapita is not a data controller of End User information and is not responsible for responding to End Users on your behalf. To the extent Tapita receives a request from an End User or authority about your use of the Service, Tapita will notify you in compliance with or as permitted by law. To the extent that Tapita processes personal information of your End Users, Tapita does so as a “data processor” or “service provider” under applicable data protection law. If applicable, Tapita shall process your End Users’ personal information in accordance with our Data Processing Addendum, which is hereby incorporated by reference.
Notice: You agree to provide and adhere to a privacy policy for your use of the Service that: (i) complies with all applicable laws, rules, and regulations, (ii) is conspicuously displayed to all End Users, and (iii) clearly and accurately describes to End Users what information you collect (such as login information, contact form data, cookies, etc.) and how you use and share such information (including for marketing and advertising) with Tapita and other third parties.
Prohibited Use
BY USING THE SERVICE YOU AGREE NOT TO:
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
- interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any Content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other Service account without permission;
- sell or otherwise transfer the access or other rights granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
- attempt to do any of the acts described in this Section or permit any person to engage or assist any person in engaging in any of the acts described in this Section.
Tapita’s Intellectual Property
All rights, title and interest in and to the Tapita, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the App, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Tapita.
The Tapita Terms do not convey any right or interest in or to Tapita’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Tapita Terms constitutes an assignment or waiver of Tapita’s Intellectual Property rights under any law.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the products or related services. The app content and other works by Tapita are not for resale. Your use of Tapita Service does not entitle you to any unauthorized use of any protected content, and in particular you will not delete content solely for your personal use, and will make no other use of the content without the express written permission of Tapita and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Tapita Service or our licensors except as expressly authorized by these Terms.
Indemnification
You agree to indemnify, defend and hold harmless the app, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to (i) your Content, Campaigns, or Sites, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right, (v) any dispute or issue between You and any third party in connection with these Terms or the Service, (vi) any misrepresentations made by you, or (vii) a breach of any representations or warranties you’ve made to us. Tapita reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the app in asserting any available defenses.
Liability Disclaimer
Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Tapita, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Tapita Service; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Tapita Service; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Tapita Service; (6) events beyond the reasonable control of Tapita, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Tapita Service.
In any calendar month, the total liability of Tapita and our third-party providers, licensors, distributors, or suppliers to you arising out of or relating to the Agreement – whether in contract, tort (including negligence), breach of statutory duty, or otherwise – will be no more than what you paid us for the Service the preceding month prior to the event or circumstances giving rise to the applicable claim.
For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.
Because some states/jurisdictions do not allow the exclusion or limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the products or services.
No Warranties
Except as expressly stated in these Terms, the Service is provided as-is and we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, data loss, merchantability, or non-infringement or any warranties with respect to the accuracy, reliability, or availability of any content or information made available in or through the Service, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
Termination/Access Restriction
Termination and Suspension
You may terminate your account at any time by deleting the Tapita Service from your Shopify store that has integrated the Tapita Service. Tapita reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Note that no refund will be provided in the event of any suspension or termination of your account.
Survival
Upon termination of this Agreement or your account, Customer will discontinue any further use of the Tapita and all rights and obligations will immediately terminate, except that any terms or conditions that by their nature should survive such termination will survive, including the terms and conditions relating to payment, proprietary rights, confidentiality, disclaimers, indemnification, limitations of liability and termination.
Miscellaneous
Electronic Communication
Visiting the main site (https://www.tapita.io), the Help Center (https://tapita0.zohodesk.com/) or sending emails to the app – Tapita team constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfying any legal requirement that such communications be in writing.
International Users
The Tapita Service is controlled, operated and administered by Tapita from our office within Vietnam. If you access the Tapita Service from a location outside Vietnam, you are responsible for compliance with all local laws. You agree that you will not use the app Content in any country or any manner prohibited by any applicable laws, restrictions or regulations
Relationship
The Tapita Terms, and your use of the Tapita Service, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Tapita and you.
Assignment
Neither you nor Tapita may assign, transfer, or sublicense this Agreement or any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, that Tapita may assign the Agreement in its discretion to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets
Dispute Resolution
The Tapita Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Tapita Service, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Tapita Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Vietnam, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Vietnam.
Subject to any applicable law, all disputes between you and Tapita shall only be resolved on an individual basis and you shall not have the right to bring any claim against Tapita as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
Governing Law
To the maximum extent permitted by law, this agreement is governed by the laws of Vietnam and you hereby consent to the exclusive jurisdiction and venue of courts in Vietnam in all disputes arising out of or relating to the use of the Tapita Service.
No waiver
If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
Entire Agreement
The Agreement represents the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. The Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns
