Terms of Service (Early access program, Affiliate program)

Welcome to Tapform.io's Early Access Program ("EAP") Terms of Service and Tapform Early Access Affiliate Program ('Affiliate Program') document. By participating in the EAP, you agree to these terms of service ("Terms"). If you do not agree to these Terms, do not participate in the EAP.

1.1. Participation

Tapform.io ("Tapform," "we," "us," or "our") invites you to participate in the Early Access Program for its software product (the "Software"). As a participant in the Early Access Program, you will be provided with access to pre-release versions of the Software for the purpose of testing and providing feedback.

1.1.1 Eligibility

To participate in the EAP, you must be at least 18 years old and meet any additional eligibility criteria set forth by Tapform.io. Tapform.io reserves the right to accept or reject any applicant in its sole discretion.

1.1.2 Access

If accepted into the EAP, you will be granted access to Tapform.io's pre-release software, services, and other materials ("EAP Materials"). You may use the EAP Materials solely for the purpose of testing and providing feedback to Tapform.io.

1.1.3 Feedback

You agree to provide Tapform.io with feedback regarding your use of the EAP Materials. Tapform.io may use your anonymous feedback for any purpose without obligation to you.

1.2. Confidentiality

1.2.1 Confidential Information

You acknowledge that the EAP Materials are confidential and proprietary to Tapform.io and contain trade secrets and other confidential information ("Confidential Information").

1.2.2 Use and Disclosure

You agree to use the Confidential Information solely for the purpose of participating in the EAP and providing feedback to Tapform.io. You agree to keep the Confidential Information confidential and to not disclose it to any third party without the prior written consent of Tapform.io.

1.2.3 Exceptions

The obligations in this section 2 shall not apply to any information that: - is already known to you without restriction at the time of disclosure; - is or becomes publicly available through no fault of yours; - is rightfully received by you from a third party without restriction and without breach of any obligation owed to Tapform.io; or - is independently developed by you without reference to the Confidential Information.

1.3. Ownership

1.3.1 EAP Materials

You acknowledge that the EAP Materials are the property of Tapform.io or its licensors and are protected by intellectual property laws. You have no ownership rights in the EAP Materials.

1.3.2 Feedback

You agree that any feedback you provide to Tapform.io regarding the EAP Materials becomes the property of Tapform.io and may be used by Tapform.io for any purpose without obligation to you.

1.4. Disclaimer of Warranties

The EAP Materials are provided "as is" and without warranty of any kind. Tapform.io expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Tapform.io does not warrant that the EAP Materials will meet your requirements or that their operation will be uninterrupted or error-free.

1.5. Limitation of Liability

To the maximum extent permitted by law, Tapform.io shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the EAP Materials, whether in contract, tort, strict liability, or other legal theory, even if Tapform.io has been advised of the possibility of such damages. In no event shall Tapform.io's total liability exceed the amount paid by you, if any, to participate in the EAP.

1.6. Termination

Tapform.io may terminate the EAP at any time for any reason or no reason. Upon termination, you must cease all use of the EAP Materials and return or destroy all Confidential Information in your possession.

1.7. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia without regard to its conflict of law provisions.

1.8. Dispute Resolution

Any dispute arising out of or relating to these Terms or the EAP shall be resolved through binding arbitration conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Split, Croatia, and the arbitrator's decision shall be final and binding. Each party shall bear its own costs and attorney's fees incurred in connection with the arbitration.

1.9. Miscellaneous

1.9.1 Entire Agreement

These Terms constitute the entire agreement between you and Tapform.io with respect to the EAP and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Tapform.io.

1.9.2 Modification

Tapform.io may modify these Terms at any time in its sole discretion. Any such modification will be effective immediately upon posting on Tapform.io's website.

1.9.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

1.9.4 No Waiver

The failure of Tapform.io to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

By participating in the EAP, you acknowledge that you have read and understood these Terms and agree to be bound by them.

1.10. Usage of widgets on the website by visitors

By requesting an estimate or submitting your information through the Tapform widget form, you acknowledge and agree that service providers, including roofing companies or other types of companies, may contact you via phone or email regarding your request. You understand and agree that Tapform is not responsible for any communications or interactions that occur between you and any service provider and that Tapform does not endorse any particular service provider. By accepting these terms of service, you acknowledge that Tapform is not liable for any damages or losses resulting from any communications or interactions with service providers that occur through the use of the Tapform widget. You also acknowledge and agree that Tapform is not responsible for the actions of these service providers or the content of their communications with you. By submitting your information through the Tapform widget, you accept these terms and agree to indemnify and hold Tapform harmless from any claims, liabilities, damages, losses, and expenses arising from or related to your interactions with service providers contacted based on data submitted through the widget.

1.11. Do the Services cost anything?

Tapform Early access program is free of charge, and it won’t be charged without your agreement. The Services offered by Tapform may be free or come with a fee, depending on the version of the Services being used. In the event that a free version of the Services becomes chargeable, we will notify you beforehand, and you must pay all applicable fees to continue using the Services. Tapform may also charge for its Services, and our current pricing structure is available on our pricing page. Please note that Tapform may update or modify its fees and payments policies at any time, and if you wish to continue using the Services, you must pay all applicable fees according to the updated or modified policies.

Affiliate Program Terms and Conditions

The Tapform Early Access Affiliate Program ('Affiliate Program') is designed to help spread the word about our services while rewarding our loyal partners who assist us in this effort. By participating in the Affiliate Program, you agree to abide by these Affiliate Program Terms and Conditions:

2.1. Eligibility

- To participate in the Affiliate Program, you must have a registered business or company with a valid VAT identification. - The initial recruitment of affiliate partners is conducted by Tapform, and only those who pass our evaluation process will be eligible to participate.

2.2. Affiliate Process

- Affiliate partners can refer new customers to Tapform using our internal affiliate tools, primarily through URL/link sharing. - Affiliates should be made in good faith and not through misleading or unethical practices.

2.3. Commission Structure

- Affiliate partners will earn a commission of 15% of the net revenue from every Starter package purchased and paid for by their referred customers, and 18% of the net revenue from every Business package purchased by their referred customers.

2.4. Payment of Commissions

- Commissions are unlimited and will be paid out to affiliate partners 1 month after the purchase has been confirmed, extending to a maximum of 3 months. - The commissions will continue for the lifetime of the referred customer’s relationship with Tapform, ceasing once the customer discontinues our services.

2.5. Modification of Commission Rates

- Tapform reserves the right to modify the commission rates at any time. - Existing affiliate partners within the program will be notified of any changes at least 7 days in advance.

2.6. Legal Documentation

- Additional legal documents will be provided to selected participants to define the business affiliate relationship in more detail.

2.7. Affiliate Calculator Disclaimer

- The Tapform public affiliate calculator is a visual representation only, based on predicted values, and should not be used as a direct reference for the earning potential of our Affiliate Program.

2.8. Miscellaneous

- Tapform reserves the right to amend or discontinue the Affiliate Program at any time. - Any activities found to be deceitful or harmful to Tapform or its customers will result in the immediate termination of the affiliate partner’s participation in the Affiliate Program and forfeiture of any earned commissions.

These terms are in addition to any other agreements between you and Tapform, including our General Terms of Service and Privacy Policy, which remain in effect. By participating in the Affiliate Program, you confirm that you have read, understood, and agree to abide by these Affiliate Program Terms and Conditions.

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