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USER AGREEMENT OF THE TAPINREACH

(General terms and conditions)

Revised on September 29th, 2023

  1. INTRODUCTION
  2. TERMS AND DEFINITIONS
  3. GENERAL TERMS AND CONDITIONS
  4. USER’S CONTENT
  5. THIRD-PARTY’S CONTENT
  6. OTHER RIGHTS AND OBLIGATIONS
  7. LIABILITY
  8. MISCELLANEOUS

1. INTRODUCTION

1.1. This User agreement of the Tapinreach (hereinafter referred to as the “User agreement”) is made and entered into between you as a user of this website http://www.tapinreach.com (hereinafter referred to as the “Tapinreach” or the “Platform”) and the service provider of the Platform – Tap-Talents Inc. (Tax ID (EIN) 320739839) (hereinafter referred to as the “Service provider”, “we”, “us”) - a legal entity incorporated under the laws of the State of Delaware, United States of America with registered address at: 1007 N Orange St., 4th Floor, Suite #2185, Wilmington, Delaware 19801, United States of America on terms of this User agreement.
1.2. You are accepting the terms of this User agreement and the Documentation (as defined in section 2 of the User agreement) in full by accessing, launching, downloading, installing, and / or using the Platform itself, its components and documents or any services offered, performed or executed on the Tapinreach and agree to be bound by this User agreement and the Documentation.
1.3. The use of the Platform is governed including by not limited by this User agreement, the Privacy policy and other Documentation (as defined in section 2 of this User agreement) posted by the Service provider on the Platform.
1.4. For the purposes of developing and improving processes of provision services the Service provider constantly improves the Platform and reserves the right to add, change, replace or revise provisions of this User agreement and the Documentation (as defined in section 2 of this User agreement) which are to be read, understood and accepted by all the users of the Platform. The new versions of the documents named in this clause come into force from the moment they are published on the Platform.
1.5. If you do not agree, understand and accept this User agreement and / or any provisions of this User agreement and / or changes due the clause 1.4 of this User agreement and / or you are not compliant with the age terms of usage the Platform set in the clause 3.3 of this User agreement, you shall not use the Platform and / or any features and services offered or executed on the Platform, leave the Platform immediately and uninstall / delete the Platform’s program components from your device.
1.6. If you have undisclosed in this User agreement and / or the Documentation questions about any term or provision of this User agreement and / or the Documentation, the Platform, the Service provider and / or the Services you can contact us by submitting a request via info@tapinreach.com.
1.7. You shall acknowledge and agree that if You are acting as a legal entity representative it is Your sole responsibility to ensure having a corresponding sufficient and valid power of attorney or other document that is legitimately provide You with the rights to represent this legal entity in relationships with the Service provider, to accept this User agreement and the Documentation and to review these documents periodically and become aware of any modifications and changes and to accept them.

2. TERMS AND DEFINITIONS

“Account” – a unique account created for and or by the User on the Tapinreach to access the Platform and the Services on terms of this User agreement. The option of creating (registering) the Account on the Platform is used as a temporary promotional marketing tool and may be restricted on the Platform on the Service provider sole decision and this restriction may not be considered as a breach of this User agreement.
“Bonus program” – a promotional program on terms offered and announced by the Service provider on the Platform to encourage or promote specific actions or behavior of the Users or Partners on terms of the corresponding Bonus program rules.
“Content” – any materials (texts, graphics, audios, program code or any other materials) that the Service provider or the Users upload on the Platform and / or provide the Service provider via any communication channel (e.g. email, any messenger, etc.). Other users of the Platform might have access to the Content.
“Contractor” – a legal entity, an individual entrepreneur or self-employed person who had been attracted by the Service provider on the Customers request due the terms of this User agreement and the Contract.
“Contract” – a separate agreement concluded between the Customer and the Service provider that describes an obligation of the Service provider to find and attract a Contractor or a talent for the purposes of providing the Customer with certain services for the payment on terms set in the corresponding Contract.
“Customer” – a legal entity, an individual entrepreneur or self-employed person who had concluded with the Service provider a separate Contract as set in this User agreement.
“Documentation” – any agreements, offers and other documents that are published on the Platform and publicly available for review and acceptance, including this User agreement, the Privacy policy, license agreements, Bonus program rules (if applicable).
“Partner” – a legal entity, an individual entrepreneur or self-employed person whose offers were placed on the Platform by the Service provider to provide the Users with the opportunity to purchase goods and services of the Partner, who has intention to promote their products and services as part of the Partner program on the Platform.
“Partner network” – a list of the Partners participating in the Partner program as a single mechanism for marketing incentives to the Users which might be operated within a certain Bonus program.
“Partner program” – a business development program offered, promoted and announced by the Service provider to cooperate with the Partners, Customers and other Users on development of the User’s experience of accessing the Services, cooperation with the Partners on cross-marketing activities.
“Privacy policy” – the document that sets and defines terms of processing of personal data of users of the Platform that is available via the following link www.tapinreach.com/privacy_policy_en.
“Services” - services offered, performed or executed on the Tapinreach regardless by the Service provider, by the Partners or by third parties.
“You” (also “you”, the “User”) – the individual, or the company, or other legal entity on behalf of which such individual is accessing or using the Platform.

3. GENERAL TERMS AND CONDITIONS

3.1. This User agreement defines the terms and conditions for using the Tapinreach at any forms by the User.
3.2. Creating of the Account on the Tapinreach - the User’s registration - is free and voluntary and is to be performed via the interface of the Platform. It is the User’s obligation and sole responsibility to provide the Service provider with a reliable and up-to-date information for creating the User's Account, personal page, username, password, email address, last name, first name (nickname). It is only the User’s full responsibility for the accuracy, completeness, relevance and compliance with the law for the information provided during access to the Platform and its purity from claims and rights of third parties. The Platform has certain requirements for a password or any other User identification that will be specified during registration to the User.
3.3. The Platform prohibits individuals who have not reached the age of 18 to use the Platform and / or to access the Services and offers on the Platform.
3.4. The Account contains a set of protected web pages created as a result of the User’s registration, login and password (authentication), using which the User can access the Platform and the information provided by the User. Access to the Accounts on the Tapinreach is carried out by electronic authentication - entering unique identification data - username and password) - in the fields specified for this in the Platform’s interface.
3.5. For the purposes of becoming a Customer and conclusion the Contract the User may need an ID and / or legal business registration data (EIN, TIN, legal address), username, cell phone number, password and other information on the Tapinreach’ request to complete the registration process.
3.6. It is your sole responsibility for not disclosing and keeping safe data and accesses set in the clause 3.5 of this User agreement at any form.
3.7. The User and the Client understands and accepts that the Tapinreach and / or the Service provider are not and cannot be responsible for any kind of damage that is a result of unauthorized use of data and accesses set in the clause 3.5 of this User agreement.
3.8. On the Platform we provide the Users with the opportunity and possibility of contracting the Services due to the corresponding Contract and related appendixes to be provided by the Contractors and talents found and attracted by the Service provider.
3.9. All obligations regarding the information, the offer of the corresponding goods or services contained in the Platform arise between the User and the Partners due to the corresponding legal binding acts.
3.10. The User agrees by accepting this User agreement that the Service provider is entitled to transfer its rights and obligations under this User agreement to any third party without prior consent of the User at the same time the Service provider keeps the User’s data and business information protected from any uncontrolled and unapproved access by any third party. This clause constitutes the User's consent to transfer rights to claim to a third party in accordance with applicable law with no additional User’s consent. The User does not have the right to transfer rights and obligations under this User agreement to any third party without prior consent of the Service provider.
3.11. The User’s data that was provided to the Tapinreach is stored and processed by the Service provider in accordance with this User agreement, the Privacy policy and related documents placed on the Platform. The User’s data provided to the Partner and / or its represented service is stored and processed in accordance with the privacy policy in each case on the corresponding Partner's and / or the named services’ website which the User is obliged to read, understand and accept before the provision of the User’ information. It is the User’s sole responsibility to make all required legal researches and receive advisories and the User has no right to disclose or provide information and enter into business relationships if that violates rights and legitimate interests of a third party and is solely responsible for all consequences of this violation.

4. USER’S CONTENT

4.1. The User is informed and accepts that the Service provider has the right (but not the obligation) at the Service provider’s sole discretion to refuse the User to post (disclose) and / or distribute any content without prior notice to the User and without explanation. The User assumes the responsibility to independently bear all risks associated with the use of the Content, including but not limited the reliability of the source of information, completeness and truthfulness of the information.
4.2. Being the owner or legal representative of the owner of the corresponding Content the User is aware that the Service provider does not participate in formation and use of content and does not control the access of other Users to the User's Content except for the cases established by the current legislation. By sending (disclosing) or posting any information including documents, images, code on the Platform, including user data, the User understands and agrees that this information may be available to other Internet users, taking into account the features of the Platform’s functionality accept information protected by properly concluded non-disclosure agreements.
4.3. It is the User’s sole responsibility to check and keep compliance of the Content posted or sent (disclosed) via email or messenger or any other way by the User to the Platform and / or to the Service provider with the requirements of current legislation, including liability to third parties in cases when the User's posting / sending (disclosing) of a particular Content or other Content violates the rights and legitimate interests of third parties, including the individual non-property rights of the authors, other intellectual rights of third parties and / or encroaches on their intangible benefits.
4.4. The User sending (disclosing) or posting, sharing or uploading any content lawfully belonging to him (including the publication of the review, announcements, feedback, evaluation, etc.) gives the Service provider and other Users a non-exclusive, royalty-free, transferable, worldwide right to host, use, distribute, modify and copy it within and outside the Platform functionality by viewing, copying and other rights solely for a non-commercial use with respect to terms set in clause 4.5 of this User agreement, except the cases when such use causes or may cause harm to legally protected interests of the Service provider.
4.5. It is obligatory that the User's use of the Content access is allowed under condition of respect to intellectual property rights with preservation of all signs of authorship saving the author's name intact, preserving works unchanged, specifying the source (link in the Internet, website, platform, article and so on), where the information that constitutes the Content was placed and how this information was copied (if applicable).
4.6. The non-exclusive right is to be automatically revoked in the event when the User deletes the corresponding Content from the Platform, but at the same time the Service provider reserves the right to keep archived copies of the Content and other information for the required period of time if necessary due to the technical features of the Platform with compliance of data protection, the Privacy policy and corresponding non-disclosure agreements.
4.7. It is forbidden to publish any Content of authors and sites or distribute other results of intellectual activity in the absence of the consent of the corresponding copyright holder to such actions and the User is solely responsible for any breaches of intellectual property laws.
4.8. It is forbidden to use the Platform and or the Services with purposes to:
4.8.1. promote cruelty, violence, hatred and / or any type of discrimination on racial, national, sexual, religious, social grounds and / or to express through obscene language, obscene and offensive images, comparisons and expressions, including in relation to gender, race, nationality, profession, social category, age, language of a person and citizen, as well as in relation to organizations, authorities, official state symbols (flags, hymns, coats of arms), religious symbols, cultural heritage objects (historical and cultural monuments), promote incitement to racial, religious, ethnic hatred or enmity, promote fascism or the ideology of racial superiority;
4.8.2. distribute false information and / or insults to specific individuals, organizations, countries, nationalities and authorities;
4.8.3. infringe on the rights of minorities;
4.8.4. violate the rights of minors or cause them harm in any form;
4.8.5. encourage performance of illegal actions, as well as assistance to persons whose actions are aimed at violating restrictions and prohibitions, in accordance with current legislation;
4.8.6. threat, discredit, defame or insult the honor and dignity or business reputation of any third party or violate their privacy;
4.8.7. publish and / or use any Content and / or information that the User does not have the right to make available under current legislation or under any contractual relationship;
4.8.8. publish and / or use any Content and / or information that unlawfully affects and / or contains any copyright, trademark, trade name, patent, trade secret and related rights, as well as other intellectual property rights owned or legally used by third parties without proper consent and / or license;
4.8.9. publish and / or use any Content and / or information that is vulgar or obscene, contains pornographic images and texts or scenes of a sexual nature, including those involving minors, contains a description of the means and methods of suicide and / or any incitement to commit it, contains scenes of inhumane treatment of animals, promotes criminal activity or contains tips, contains extremist materials, instructions or guidelines for committing criminal acts, contains information of restricted access, including, but not limited to state and commercial secrets, information about the private life of third parties;
4.8.10. advertise or describe the attractiveness of the use of narcotic substances, information about the distribution of drugs, recipes for their manufacture and tips on use;
4.8.11. promote actions or information that potentially may lead to performance of illegal actions by misleading the User or any third party or abusing trust;
4.8.12. express in the collection and process personal data and / or information about private life of any person;
4.8.13. disrupt or attempt to disrupt normal operation of this Platform;
4.8.14. violate international laws and the applicable law of the User's country, citizens, organizations;
4.8.15. distribute any viruses and defective programs.
4.9. The User understands and accepts that due to technical features of the Platform the Content and other information placed, sent (disclosed) and / or distributed via the Platform and / or via email or messenger or any other way by the User to the Platform and / or to the Service provider may be modified technically.
4.10. There might be placed on the Platform or in newsletters sent by the Platform or by the Service provider which you were previously subscribed links to external recourses on the Internet or mobile applications (hereinafter referred as the “third-party platform”). It is the User’s sole responsibility to make all the required research, checks and advisory on these third-party platforms and content and offers placed there. The Service provider does not check or secure the third-party platforms and content and offers placed there for compliance with certain requirements e.g. truthfulness, reliability and completeness etc.
4.11. The Service provider does not bear any responsibility for any content, information, materials or offers posted on the third-party platforms that the User accesses by clicking on a link mentioned in clause 4.10, including any statements, opinions, offers and ideas expressed in them, as well as for the availability of such platforms or named content and the consequences of their use by the User or any third part.
4.12. A link mentioned in clause 4.10 to any website, product, service or any information of a commercial or non-commercial nature posted on the Platform does not constitute an endorsement or recommendation of these products (services, activities) by the Service provider or by the Tapinreach, except as expressly indicated by the Service provider or by the Tapinreach.
4.13. The User while taking decision to leave the Tapinreach and to go to the third-party platform acts at his / her own risk and the User agreement does not longer applies to the User’s experience, actions and consequences outside the Platform.

5. Third-party's Content


5.1. Rights and obligations of the User:
5.1.1. The User is obliged to read, understand and accept the current version of this User agreement and timely check the relevance of the read and accepted version of the User agreement accessing the Tapinreach till the end of using the Platform.
5.1.2. The User has the right to use the Platform due to the User’s needs staying compliant to the terms and conditions of this User agreement.
5.1.3. The User has the right to delete the Account and his / her personal data on terms of this User agreement by filing a corresponding request using the email info@tapinreach.com.
5.1.4. The User is obliged to provide accurate, complete and relevant information while using the Platform and communicating with the Service provider, the Partners and the Contractors, which is necessary for proper execution of this User agreement and high quality of the Services delivery.
5.1.5. The User is obliged not to impersonate any other person, entity and their representative without sufficient rights and sufficient documents (e.g. powers of attorney) that confirm that rights including employees of legal entities and apply any other forms and ways of illegal representation of other persons. Documents providing rights of representation are to be disclosed on demand of the Platform and / or the Service provider and may be declined in case if they are not sufficient.
5.1.6. The User undertakes to inform the Service provider about unauthorized access to the Account and / or email and / or use of the User's data and devices that might be used to access the User’s Account (e.g. email, login and password, User’s devices (e.g. computer, smartphone)) and to get into communication with the Service provider or the Platform.
5.1.7. The User is obliged not to grant access to the Account, email and / or messenger that was used for communication with the Service provider or the Platform to other Users or to third parties and not to try to get access to third party’ Accounts on the Tapinreach.
5.1.8. The User agrees to the presumption of all actions performed in the Platform while signed in the corresponding of this User’s Account and email as performed by the User (all actions performed in the Platform are considered to be performed on behalf of the User, until there is evidence to the contrary determined by the Service provider or by the court).
5.1.9. The User is obliged not to use any devices, programs or perform any actions to interfere or attempt to interfere with the normal operation of the Platform.
5.2. Rights and obligations of the Service provider:
5.2.1. The Service provider reserves the right to block the User’s access to the Platform and to the Services in the event if it was established that the User violates the provisions of this User agreement, Documentation or other agreements concluded in relation to this User agreement, or to restrict the User’s access in the event of reasonable suspicion that named violations took place.
5.2.2. The Service provider reserves the right to make changes in structure and / or any software of the Tapinreach and / or to suspend functionality of the Platform upon detection of significant (on the Service provider’s opinion) faults and failures and to perform maintenance to prevent unauthorized access.
5.2.3. The Service provider reserves the right to send information and advertising messages via communication channels that were provided by the User due to the corresponding consent, which may be revoked by the User at any time.
5.2.4. The Service provider ensures the functioning and operability of the Platform and undertakes to promptly restore its operability in the event of technical failures and interruptions. The Service provider is not responsible for temporary failures and interruptions in the operation of the Platform and the loss of information caused by them.
5.2.5. The Service provider may announce Bonus programs on terms of corresponding Bonus program rules to provide Users with the opportunity to use the accumulated bonus points in accordance with the current Bonus programs rules.
5.2.6. The Service provider has the right to set and announce a Partner program on terms additionally disclosed on the Platform to the corresponding Bonus program with the purpose to attract the Partners and develop a Partner network.
5.2.7. The Service provider is obliged to perform actions to provide safety and confidentiality of the User's data except for cases expressly provided for by the current legislation and due the terms of the Privacy policy.
5.2.8. The Service provider deletes the User’s Account and corresponding personal data due to the request mentioned in clause 5.1.3 within 30 (thirty) calendar days since the day this request was receipt unless this request was withdrawn by the User.
5.3. Right to file a complaint:
5.3.1. If the User believes or it becomes known that any information on the Tapinreach violates the User's rights including rights for the results of intellectual activity, or violates the rights of third parties, or contains other violations, the User has the right to file a complaint and send if to the Service provider using the email info@tapinreach.com with the following the information:
• the rights and legitimate interests that were allegedly violated;
• the relevant information and / or the Content that the User considers illegal, as well as facts, evidence and circumstances referred to by the User;
• the type of information and / or the Content that violates the User's rights;
• the screen or page of the website where the information and / or the Content that infringes the User's rights was discovered;
• the period of time when the infringing Content was detected;
• other additional information and documents that prove the User’s claims.
5.3.2. On the basis of consideration of the complaint that was received by the Service provider due to procedures set in clause 5.3.1 of this User agreement the Service provider decides either to satisfy the complaint and or that the complaint is unfounded and notifies the User about the decision.

6. Other Rights and Obligations


6.1. The Service provider is under no circumstances could be liable for the execution of bonus programs, sufficiency of performance by any Partner or any other individual or group of individuals who were the engaged in cooperation with the Users on the Platform or via links received on newsletters.
6.2. All claims related to and the events mentioned in clause 6.1 the User must send directly to the party who caused a breach of terms of a corresponding contract concluded with the User.
6.3. The Service provider would provide all possible help to the User if it is impossible for the User to collect the details to file a complaint due terms set in clause 6.1 and 6.2.
6.4. The Service provider is not obliged to and does not control or verify the truthfulness of the information and the Content provided by the User and / or Customer for the purposes of using the Platform or providing the Services and information posted or placed on the Platform or provided by the Partner within the corresponding Partner program as honesty, solvency and reliability of the Partners and other Users and states that it is a subject to mandatory own User’s research, legal, tax and finance consulting and expertise, check, consideration, verification and approval on the User’s solely responsibility.
6.5. The Service provider is responsible within the limits set in the corresponding Contract signed with the Customer.
6.6. The Customer is responsible within the limits set in the corresponding Contract signed with the Service provider and obliged to compensate all the damages and losses caused by breaching the terms of the Contract.
6.7. The User uses materials obtained while using the Platform being aware of the responsibility for such use at the User’s own and free will.
6.8. The User understands and accepts that the User bears sole responsibility for any damage that may be caused as a result of using materials obtained while using the Platform and under no circumstances shall the Service provider be liable to the User or third parties for any damage caused by the use of the materials accessed on the Tapinreach.
6.9. The Service provider is not responsible for the misdemeanors or any other inappropriate actions of other users of the Platform while using the Platform and its components, but if violations are detected, the Service provider promptly responds to the corresponding violations and complaints filed due the procedure set in clause 5.3.
6.10. The Service provider provides the User with the Platform and its components on the basis of the international “as is” principle and does not guarantee that:
6.10.1. the Platform and the quality and sufficiency of any products, services, information or the Content obtained using the Platform will meet the User's requirements and expectations;
6.10.2. the results that can be obtained using the Platform will be accurate and reliable;
6.10.3. the Platform and its components will run continuously, quickly, reliably and error-free and will meet the User's expectations of it;
6.10.4. all errors, requests and complaints on the Platform will be considered and resolved immediately and as were expected;
6.11. The Platform or its functionality could be completely or partially unavailable from time to time due to preventive or other technical works to ensure normal operation of the Platform and execution of obligations. The Service provider is not obligated to provide notifications about named unavailability and performs it due its own business, technical and strategic planning.
6.12. The User understands and accepts that under no circumstances liability of the Service provider to the User can not exceed the amount paid by the User to the Service provider for accessing the Services.
6.13. With respect to this User agreement given access to the Tapinreach is provided to the User free of charge with no consideration on “Quid pro quo” principle, the provisions of state legislation on consumer protection in accordance with applicable law do not apply to relationships between the User and the Service provider under this User agreement.

7. Miscellaneous

7.1. This User agreement is published on the Tapinreach and contains all the essential terms and conditions of agreement.
7.2. You and the Service provider conclude the agreement by accepting this agreement and it may be terminated at any time at the initiative of each party - the User and the Service provider. The procedure of sending the termination notice of the agreement named in this clause is set in clause 7.3 of this User agreement.
7.3. The User in the event of initiating the termination of the agreement mentioned in clause 7.2 of this User agreement sends the corresponding notice of termination of the agreement using the email address info@tapinreach.com that leads to deleting the Account in the Platform. The Service provider in the event of initiating the termination of the agreement mentioned in clause 7.2 of the User agreement sends the corresponding notice to the User via provided communication channels, the agreement shall be deemed terminated since the date of such notice. Upon termination of the agreement due the User’s request, terms and conditions set this User agreement shall remain in effect indefinitely until the User sends a written request to the address of the Service provider with the relevant requirements.
7.4. The User understands and accepts that this User agreement could be changed by the Service provider unilaterally by posting an updated text of this User agreement on the Tapinreach. The User gives a full consent to changes in the terms of this User agreement and accepts them by using the Platform.
7.5. In the event when one or more covenant or term of this User agreement are held by court of competent jurisdiction to be illegal, unenforceable or invalid, the remainder of this User agreement (its covenants, terms and provisions) shall remain in full force and effect.
7.6. In cases of non-application of measures by the Service provider in the case of confirmed violations on any issues, including the User violations, does not mean a waiver of their rights by the Service provider and provides for the possibility to take action later.
7.7. This User agreement shall be governed by and interpreted in accordance with the legislation of the State of Delaware, United States of America. Issues and procedures that are not regulated by this User agreement are subject to resolution in accordance with the legislation of the State of Delaware, United States of America with the mandatory pre-trial settlement of a dispute with term of 30 (thirty) calendar days for consideration of claims since the day of receipt. In the event of any other disputes or disagreements related to the User agreement, the User and the Service provider will make every effort to resolve them through negotiations between them, including by contacting the User using the email address info@tapinreach.com. The Service provider undertakes to review and send a response to the User’s request within 30 (thirty) calendar days from the date of receipt of this request.

8. Personal Data Use

8.1. The User gives the Service provider and the Tapinreach an unconditional consent for using provided by the User email and cell phone for sending promotional messages, offers and notifications, getting user experience feed-backs and making phone calls. The consent set in this clause is to be revoked by the User at any time due to the procedure set in clause 7.3 of the User agreement.