Tapdaq - Mediation and Cross Promotion Platform

Terms and conditions

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Tapdaq – An Introduction

Welcome to Tapdaq. We are a peer-to-peer mobile app advertising marketplace and network where mobile App developers can buy and sell advertising inventory.

Our headquarters are in London and we operate under English laws. Our company information can be found below.

When you use or sign up to Tapdaq, we ask you to agree to these Terms and Conditions (‘Terms’ for short). This way you know what to expect from us and what we can expect in return. So you know what you’re signing up for, we’ve put together a simple guide to our Terms in the right hand column. Only the left hand column is legally binding.

If you’re comfortable signing up to this agreement, then please join us and start advertising!

1. Our Terms and Conditions

Our Terms form the contract between us. They include this document, our Privacy Policy and any additional terms or policies that may apply to some or all of our Services described below. By using our Services, you are agreeing to these Terms. Please read them carefully.

Where additional terms or policies apply, we will bring them to your attention and they will become part of these Terms. If there are any conflicts between additional terms or policies and our main Terms, then the additional terms or policies will take precedence.

2. Our Services

We operate our website located at www.tapdaq.com and we facilitate the buying and selling of advertising inventory on Apps. We refer to mobile App developers / owners as “Advertisers” when you advertise your App through our Services. We refer to mobile App developers / owners as “Publishers” when you display Advertisements on your App from other Advertisers in our network or third party networks.

We license our Tapdaq software development kit (“Tapdaq SDK”) and related documentation to mobile app developers / owners to enable you to use our Services. We also provide key performance data, analytics services and other services, all of which can be found on our website (all together “Services” for short).

3. Using Tapdaq Services

In order to access or use our Services:

  • You must be at least 18 years old

  • You must be using our Services for your business purposes and have the power and authority to use our Services and comply with these Terms. Our Services are not available to non-business consumers

  • You must download and install the Tapdaq SDK into your App

  • You will have to register by creating an account for yourself and providing an acceptable username and a password

  • You must provide other information that we require for your account, including a valid email address, your date of birth, your gender and other relevant Personal Information. If you are using our mediation and optimisation tool, then you will also need to provide your Network account keys. This is your “Account Information”, which you can access at any time. To find out more about the information that we collect and how we use it, please see our Privacy Policy at www.tapdaq.com/privacy-policy.

4. Account security

Here are some commitments you make to us about registering and maintaining the security of your account:

  • You will not share your password or let anyone else access your account, or do anything else that might jeopardise the security of your account

  • You will ensure that your Account Information is complete, accurate and up to date

  • You will not create an account for anyone other than yourself without permission

  • If we disable your account, you will not create another one without our permission

  • You will not transfer your account (including any account you administer on behalf of your organisation) to anyone without first getting our written permission

  • We may remove or reclaim a username if we believe it is appropriate to do so. For instance, if it is offensive or misleading

  • You are solely responsible and liable for all acts, omissions and use of, including charges incurred with, your account. If you think that someone has unauthorised access to your password or account, please inform us immediately at support @Tapdaq.com.

5. Buying and selling advertising inventory for your App

An Advertiser or Network can purchase advertising inventory on Apps listed on our website. If you wish to use the Mediation Service, you will need to have accounts with the Networks.

Mobile App developers / owners and Networks may sell advertising inventory on your App and display Advertisements on your App once you have downloaded and installed the Tapdaq SDK. You grant to Tapdaq the right to access, index, store and cache requests made from your App to Tapdaq. Advertisements will be delivered to your mobile app by the Tapdaq SDK.

The Mediation Services requires that Tapdaq access Network API’s on your behalf. You agree to allow Tapdaq to access third-party API’s on behalf of you (and not as Tapdaq).

7. Data collection and use

In order to decide whether to advertise on your App, potential Advertisers and Networks need to see key performance metrics for your App as well as aggregate data for comparison with other Apps.

Advertiser agrees that Tapdaq may collect data about its Apps including, but not limited to, downloads, performance, user engagement and behaviour, and other performance metrics / data in order to analyse, catalogue, aggregate or otherwise interpret or evaluate such data for the purposes of: (i) displaying the results on our Services to other potential Advertisers, Networks and Publishers; (ii) using the data to ensure that the Tapdaq market functions at optimum market efficiency; ii) producing Advanced Analytics Reports or other services; and (iv) using, in anonymised and aggregate form, such data for quality assurance, training or other purposes.

You must have and abide by an appropriate Privacy Policy and comply with all applicable laws, policies and regulations relating to the collection of information from your users. You must post your Privacy Policy on your website and App and tell your users of your use of Tapdaq and how we collect and process data. This can be done by displaying a prominent link to Tapdaq’s Privacy Policy which you can find on our site www.tapdaq.com/privacy-policy.

8. Your Personal Information

To customise and optimise your experience on our Services, we collect and store the Personal Information you give to Tapdaq. We are serious about guarding the security of your Personal Information. Please read our Privacy Policy to see how we store, use and share it and how you can control it.

9. Right to use your Advertisements

You retain copyright and any other rights you already hold in your Advertisements before you submitted, posted or displayed it on or through our Services.

However, you have to grant to us and other Publishers a limited licence described below, so that we can display your Advertisements on our Services and other Apps.

You grant to Tapdaq, our subsidiaries and affiliates, and other Publishers, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to: (i) display, distribute, copy, use and modify (for technical purposes, such as making your Advertisements viewable on mobiles) your Advertisements, including for use on any platform or media; (ii) display and use your Advertisements for the purpose of promoting our Services on any platform or media. This licence ends when your Advertisement is no longer running.

Make sure that you have the necessary rights to grant us this licence for any content you submit to our Services.

If you think your intellectual property rights have been violated on our Services, please send an email to us at support @Tapdaq.com.

10. Your limited licence to use our Services

Tapdaq grants to you a limited, revocable, non-transferable, non-sublicensable and non-exclusive licence to use the platform and software provided to you as part of the Services, until your account is terminated. This licence is for the sole purpose of enabling your business to use the Services provided by Tapdaq in the manner permitted by these Terms.

11. Tapdaq Software Development Kit Licence Agreement

You may not copy, modify, adapt, translate, distribute, sell or lease or create derivative works of any part of our Services or included platform or software, nor may you reverse engineer or attempt to extract the source code of that platform or software, unless laws prohibit those restrictions or you have our written permission.

You do not obtain any other right or interest in our Services, our website, the Tapdaq SDK and related documentation, or Tapdaq’s assets.

12. Acceptable Use Policy

For everyone to enjoy being part of our trusted community, everyone must commit to the following rules:

  • You must follow these Terms when you use our Services

  • Your Advertisements must comply with all applicable laws, regulations, policies and industry guidelines

  • You will not use our Services to do anything unlawful, prohibited, misleading, malicious, or discriminatory

  • You will not impersonate any person or organisation, or falsely state your affiliation with a person or organisation

  • You will not send or otherwise post unauthorised commercial communications (such as spam) on or through our Services

  • You will not collect users’ content or information, solicit login information or access an account belonging to someone else

  • You will not target any advertisements at children under 13 years of age and you will not transfer any Personal Information about or relating to an individual under the age of 13 to Tapdaq.

  • Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide, such as using automated means (including harvesting bots, robots, spiders, or scrapers) without our permission

  • You will not do anything that could disable, overburden, or impair the proper working of our Services, such as a denial of service attack

  • You will not upload viruses or other malicious code

  • You will not post content that is hateful, threatening, defamatory, harassing, pornographic, obscene, racist, incites violence, or contains graphic or gratuitous violence or is otherwise objectionable

  • You will not engage in or encourage any other person to generate fraudulent impressions or clicks or downloads on any Advertisement including but not limited to the use of robots or automated query tools or other software.

  • You will not facilitate or encourage any violations of these Terms.

We may close your account and suspend or stop providing our Services to you if you do not comply with our Terms or if we are investigating suspected misconduct.

13. Termination

You can stop using our Services at any time by giving us 30 days advance notice in writing, although we will be sorry to see you go. If you wish to stop using our Services, you should follow the instructions within the relevant Service or contact support @Tapdaq.com. Please see our Privacy Policy to read more about deleting your Personal Information.

We may suspend or close your account, with or without giving notice to you. We may do this for these reasons:

  • If you break these Terms or are in breach of an obligation to us

  • Your account is inactive for an extended period of time

  • We discontinue our Service or part of it

  • Unexpected technical or security problems

Where we can, we will provide advance notice to you.

14. Deleting your content

We may remove any content or information (including but not limited to Advertisements) you post on or via our Services if we believe that it violates our Terms or is otherwise objectionable. However, we do not have any responsibility for monitoring the Advertisements on the Services. We provide platforms and technology, we do not have any editorial control.

Please note that content that is deleted from our Services may remain in back-up storage for some time. Such content may also be anonymised and aggregated and used for various purposes such as research and analysis.

15. Prices and payments

We currently do not charge a fee for joining Tapdaq, however, we may introduce a subscription fee in the near future and will inform you of this in advance.

If you use the Mediation Service, you agree that Tapdaq will at random take 10% of the impressions generated within your App and sell these impressions to the Networks.

Tapdaq is responsible for all taxes (if any) payable on the sales that Tapdaq makes to the Networks in connection with the Mediation Service. You are responsible for all taxes associated with the payments you receive from the Networks.

Prices are inclusive of VAT or equivalent local sales tax.All purchases are processed by secure payment processors. We accept a variety of different payment methods and will continue to expand the range in the future.

16. Advertisements on our Services

We may display advertisements on our Services, some of which may be paid for by other companies. Your dealings with any advertisers, or advertising networks including payment or delivery of goods or services, are solely between you and that advertiser or advertising network.

To the fullest extent permitted by applicable law, we are not responsible for any loss or damage of any kind resulting from these dealings.

Our Services may also contain links to other sites, Apps or other resources. We are not responsible for these sites, Apps and resources - you should read their terms of service and privacy policy carefully.

17. Tapdaq’s rights

Right to Modify our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether.

Occasionally, we may have to:

  • interrupt the service; if we do so, we will restore it as quickly as we can

  • make changes to certain technical specifications and product features

We may automatically download software updates on your computers and devices from time to time, in order to improve, repair or modify our Services. We will try to give you a choice as to whether or not to install the update. However, in certain circumstances (for example, where there are security risks), we may require you to install the update before you can continue using our Services.

In addition to our other rights, we may also stop providing our Services to you or add or create new limits to our Services. If we discontinue a Service, where reasonably possible, we will give you advance notice.

Intellectual Property Rights

Branding, trademarks, service marks, logos and content (other than content that belongs to you) used in our Services belongs to Tapdaq or other persons. These Terms do not grant to you the right to use them.

Using our Services does not give you ownership of any intellectual property rights in our Services, software or the content (other than content that belongs to you) that you access.

18. Other people’s rights, information and content

We respect other people’s rights, and expect you to do the same. You will not post content or take any action on our Services that infringes or violates someone else ’s rights or otherwise violates the law.

You may not use content from our Services unless you obtain permission from us / its owner or are otherwise permitted by law. Our Services display some content that is not Tapdaq’s. This content is the sole responsibility of the entity that makes it available.

If you see something that you think is an issue, and want to notify us, please send an email to us at support @tapdaq.com.

19. Tapdaq’s obligations

Where applicable laws require, we will respond to legitimate requests by authorities or court orders to disclose your information.

Tapdaq is not required to monitor our users’ content or communications and therefore we cannot guarantee that our Services are free of illegal material or other content that may be considered unacceptable. When it comes to our attention, we may review content to determine whether it is illegal or violates our Terms, and we may remove or refuse to display it. In serious instances of abuse we may also notify the police or relevant law enforcement agency.

20. What Tapdaq is responsible and not responsible for

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services. Unfortunately, we cannot guarantee that our Services will never be faulty.

We provide our Services “as is”. Other than as expressly set out in these Terms, neither Tapdaq, our subsidiaries nor affiliates makes any specific promises about the Services. For example, we do not make any commitments about the content within our Services, the specific functions of our Services or their reliability, availability or ability to meet your needs.

We are a hosting and facilitating company only and we cannot guarantee or control which Advertisements are placed on a Publisher’s App. We make no representation or warranty that these Advertisements do not contain content that may be offensive, inappropriate, infringing or in breach of these Terms. We will not be liable in any way for or in connection with any Advertisements including (but not limited to) any intellectual property infringement.

Some jurisdictions provide for certain warranties, like the implied warranty of satisfactory quality, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

When permitted by law, we have no responsibility to pay you compensation for financial loss, loss of profit, anticipated profits, goodwill or business opportunity, indirect or consequential loss, any information which is lost or corrupted, any damage to software, or any loss that could not have been reasonably expected. To the extent permitted by law, the total liability of Tapdaq, our subsidiaries and affiliates for any claims under these Terms, including for any implied warranties, whether in contract or tort (including negligence) or otherwise, is limited to the amount that you paid us to use our Services.

Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud; (iii) any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 or section 12 of the Sale of Goods Act 1979; or (iv) any other liability which cannot be excluded or limited under applicable law. These are the things that we agree to be responsible for and the things that we are not responsible for. It’s probably easiest if you read them in full.

21. Breaking our Terms

If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of our Services to you with or without notice, and you may lose your content and any account. In all such cases, our agreement will come to an end.

Sometimes we may choose to ignore it if you break one of our terms, or we may choose not to enforce a particular term. But even if we do this, we can still choose to enforce that term or take action because you break that or any other term in the future.

22. Your responsibility for misusing our Services

You will keep harmless, defend and indemnify Tapdaq against all claims, damages, losses, expenses and liabilities arising from any claims by any third party, in connection with your use or misuse of our Services including but not limited to breaches of any of Tapdaq’s Terms or policies, and claims against Tapdaq that any of your content or advertisements infringes third party intellectual property rights.

23. Unsolicited information

If you submit any ideas, suggestions, proposals, or documents to Tapdaq (collectively, “Contributions” for short), you agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Tapdaq is not under any obligation of confidentiality regarding these Contributions; (iii) Tapdaq may have something similar to the Contributions already in development or under consideration; (iv) Tapdaq may use or disclose (or not) such Contributions for any purpose in any way; (v) your Contributions automatically become the property of Tapdaq without any obligation of Tapdaq to you; and (vi) you are not entitled to any payment, compensation or reimbursement of any kind from Tapdaq under any circumstances.

24. Sorting out complaints and contacting each other

If you have a problem or complaint about our Services or its users, or just want to give us feedback, you may contact us emailing support @Tapdaq.com.

When we need to contact you with service announcements, administrative messages and other important information, we will use the contact information you provided (e.g.email address) or post them on our Services. You may not opt out from receiving these communications (unless you delete your account and stop using our Services).

25. Changing our Terms

It is highly likely we will have to update our Terms in the future, for example due to ongoing improvement and other changes in our Services and changes to the laws that apply to us and you.

When we update our Terms, we will do our best to give you advance notice either by posting the change on our Services or contacting you directly. However, in some situations, such as where a change is needed to meet legal requirements, an update to our Terms may need to be effective immediately. You should look at these Terms regularly.

If you do not agree to any changes, you should discontinue your use of our Services. If you continue to use our Services after any update is announced, you will be considered to have agreed to these changes. Except for changes made by us as described here, no other changes to our Terms will be effective unless we both agree in writing.

26. What else do I need to know?

These Terms make up the entire agreement between us relating to our Services, and overrides any prior agreements. These Terms, our relationship and any non-contractual obligations arising out of or in connection with these Terms are governed by the laws of England and Wales. The courts of England and Wales have jurisdiction to settle any dispute arising out of or in connection with these Terms, or any non-contractual obligation arising out of or in connection with these Terms.

You accept that this agreement for our Services is personal to you / your organisation and agree not to transfer it to anyone else, or to try to do so. However, we may take instructions from a person whom we think, with good reason, is acting with your permission. We can transfer this agreement for our Services to another company provided this does not adversely affect your rights under our Terms.

Sometimes we may not be able to do what we have agreed because of something beyond our reasonable control, which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by government or other competent authority, or industrial disputes. There may be other reasons too, including IT failures, hacker attacks, malicious software attacks or infections. In these cases, we do not accept responsibility for not providing you with the Services.

After these Terms come to an end, the provisions of these Terms, which by their nature extend beyond the termination, will survive termination of these Terms or termination of your use or access to all or any portion of our site.

No third party is entitled to enforce any term under this agreement under the Contracts (Rights of Third Parties) Act 1999. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.

27. What does it mean?

“Advertisement” means advertising content that you or third parties submit to our Service, which may include text ads, text links, banners, videos and graphics.

“Advertiser” means a mobile App developer / owner or third party advertiser who buys advertising inventory on another App in our network in order to display Advertisements.

“App” or “Apps” means mobile applications which you can download and run on your phone, tablet or other electronic device.

‘Personal Information’ means anything that can be used to identify you, including information you give to us when you join and anything that we collect as you use our Services.

“Mediation Service” means Tapdaq’s advertising optimisation and mediation platform.

“Network” means the following Networks that are currently included in the Mediation Service, and more may follow: AdMob; Adcolony, Applovin, Chartboost, Facebook Audience Network, Tapjoy, Unity Ads and Vungle.

“Service” or “Services” means the products and services provided by Tapdaq, including our Tapdaq SDK, our Mediation Service, our advertising network, mobile applications, websites and any other online, offline and/or mobile products and services on or via any platform or technology.

“Tapdaq SDK” means the Tapdaq Software Development Kit that is available for download from our website www.tapdaq.com for use in relation to our Services.

Date of Last Revision: [04 October 2016].

Company Information

TapDaq Limited, a company registered in England, with registered office address at 115 South Road, Taunton, Somerset TA 13EA.
Address: 87A Worship Street, London EC2A 2BE
Company Number: 08309095