Terms of Service

 

Effective Date: August 1, 2023

 

Welcome to Tap2Tour™. Before using our platform, please carefully read and understand these Terms of Service ("Terms") as they govern the use of Tap2Tour. By accessing or using our service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use Tap2Tour.

 

1. Definitions

 

 

2. Use of Tap2Tour

 

2.1 Eligibility:

To use Tap2Tour, you must be of legal age to form a binding contract with us and have the authority to represent the entity you are using the service on behalf of. By accessing or using Tap2Tour, you represent and warrant that you meet these eligibility requirements.

 

2.2 Account Creation:

You may need to create an account to access certain features of Tap2Tour. You agree to provide accurate, current, and complete information during the registration process. You are responsible for safeguarding your account credentials and are liable for any activity that occurs under your account.

 

2.3 Permitted Use:

Tap2Tour grants you a non-exclusive, non-transferable, revocable license to access and use the app for legitimate business purposes as intended by Tap2Tour. You shall not use Tap2Tour for any unauthorized or unlawful activities.

 

2.4 Prohibited Activities:

While using any part of our Service, you agree not to:

 

3. Intellectual Property

 

3.1 Ownership:

Tap2Tour and all its Content, including but not limited to trademarks, logos, service marks, text, graphics, images, and software, are owned or licensed by Tap2Tour and are protected by intellectual property laws.

 

3.2 License Grant:

By using Tap2Tour, you agree to grant Tap2Tour a limited, revocable, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, perform, and distribute the data and information you provide or generate through your use of the app ("Data") for the purposes of providing the Services and conducting analytics in an anonymous, aggregated manner.

 

a.     Provision of Services: You acknowledge and agree that Tap2Tour requires access to certain Data to provide you with the Services. This includes, but is not limited to, information about your shore excursions, passenger information and other relevant data necessary for delivering the Service.

 

b.     Anonymous, Aggregated Analytics: Tap2Tour may use the Data in an anonymous, aggregated manner to analyze app usage patterns, user behavior, and trends. Such analysis will not identify you or any individual personally. By accepting these Terms, you grant Tap2Tour the right to use the anonymous, aggregated Data for the purpose of improving and enhancing the app, developing new features, and conducting market research.

 

c.     Sale or Sharing of Aggregated Data: You agree that Tap2Tour may, at its sole discretion, sell or share the anonymous, aggregated Data with third parties, such as partners, advertisers, and service providers. The Data will always be anonymized and aggregated to ensure that no personally identifiable information is disclosed.

 

d.     Data Protection and Privacy: Tap2Tour takes the privacy and security of your Data seriously. We will handle your Data in accordance with our Privacy Policy, which outlines how we collect, process, store, and safeguard your information. By using Tap2Tour, you acknowledge and agree to the practices described in the Privacy Policy.

 

e.     Retention of Data: Tap2Tour will retain your Data for as long as it is necessary to provide the Services to you and for other legitimate business purposes. After termination of your account or cessation of your use of the app, Tap2Tour may retain and use your Data in an anonymous, aggregated form for analytics and business purposes as outlined in these Terms.

 

f.      Data Accuracy: You are responsible for the accuracy and completeness of the Data you provide or generate through Tap2Tour. Please ensure that the information you provide is up-to-date and accurate to ensure the best possible experience with the app and the Services.

 

g.     Data Ownership: As between you and Tap2Tour, you retain ownership of your Data. Tap2Tour does not claim ownership of the Data you provide through the app. However, by using Tap2Tour, you grant Tap2Tour the rights outlined in this License Grant.

 

h.     Revocation of License: You may revoke this license and terminate Tap2Tour's access to your Data by deleting your account and ceasing the use of the app. However, please note that revoking this license may limit or terminate your ability to access and use certain features of the app and the Services, and does not affect anonymized and aggregated analytics data generated before revocation.

 

4. Privacy

 

Your privacy is essential to us. Our Privacy Policy outlines how we collect, use, and disclose your personal information and is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices.

 

5. Fees and Payment

 

5.1. Fees:

The use of Tap2Tour may involve fees for specific services or features. Any applicable fees will be communicated to you, and you agree to pay them promptly.

 

5.2 Payment:

You will provide accurate billing and payment information, and you agree to pay by the due date and/or authorize Tap2Tour to charge the specified fees to your chosen payment method.

 

6. Modification and Termination

 

6.1 Modification:

We reserve the right to modify or discontinue Tap2Tour (or any part of it) at any time without notice. We may also update these Terms from time to time, and the updated version will be effective upon posting on Tap2Tour. Your continued use of Tap2Tour after any modifications indicate your acceptance of the updated Terms.

 

6.2 Termination:

Tap2Tour may terminate your access to the app for any reason or no reason at all, without liability or notice.

 

7. Disclaimer of Warranties

 

TAP2TOUR IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TAP2TOUR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, SUITABILITY, OR AVAILABILITY OF THE APP OR ITS CONTENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF TAP2TOUR IS AT YOUR SOLE RISK.

 

8. Limitation of Liability

 

IN NO EVENT SHALL TAP2TOUR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF TAP2TOUR. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TAP2TOUR SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US, IF ANY, DURING THE THREE MONTHS PRIOR TO THE CLAIM.

 

9. Indemnification

 

You agree to indemnify and hold Tap2Tour and its affiliates, officers, directors, employees, and agents harmless from any claims, losses, damages, liabilities, costs, and expenses, including attorneys' fees, arising out of or in connection with your use of Tap2Tour, violation of these Terms, or infringement of any third-party rights.

 

10. Governing Law and Jurisdiction

 

These Terms and your use of Tap2Tour shall be governed by and construed in accordance with the laws of Florida, USA. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of Orange County, Florida, USA, and you consent to the personal jurisdiction of such courts.

 

11. Entire Agreement

 

These Terms constitute the entire agreement between you and Tap2Tour concerning the subject matter hereof and supersede all prior and contemporaneous understandings and agreements.

 

12. Contact Information

 

If you have any questions or concerns regarding these Terms, you may contact us at info@tap2tour.com.

 

By using Tap2Tour, you acknowledge that you have read, understood, and agreed to these Terms of Service. If you do not agree with these Terms, please do not use our Service.