Tapdaq - Mediation Platform

Terms and Conditions

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Welcome to Tapdaq. We are an App monetisation platform which connects mobile app publishers ("Publishers") with advertising networks ("Ad Networks"). We also help app Publishers to grow their user base using in- house cross promotion campaigns.

Our headquarters are in London at Third Floor, 29 – 30 Ely Place, London, EC1N 6TD. Our Company Number is 08309095. We operate under English laws.

When you ("You" or “you”) use or sign up to create an account with 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.

If you’re comfortable signing up to these Terms, then you are welcome to join us and start monetising your App(s)!

1. Our Terms and Conditions

Our Terms form the contract between us. They include this document, our Privacy and Cookies 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 "Publishers" when you display Advertisements on your App from advertisers in third party networks ("Ad Networks").

We license our Tapdaq software development kit ("Tapdaq SDK") and related documentation to Publishers 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 and other relevant Personal Information. 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 and Cookies 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

Publishers can sell inventory on their Apps though third-party Ad Networks, which can be accessed through the Tapdaq Services. Publisher will also need to have accounts with the Ad Networks.

Ad Networks may purchase advertising inventory on Publisher’s App(s) and display Advertisements once Publishers have the necessary accounts with the Ad Networks and have downloaded and installed the Tapdaq SDK. Publisher grants to Tapdaq the right to access, index, store and cache requests made from Publisher’s App to Tapdaq. Advertisements will be delivered to Publisher’s App by the Tapdaq SDK.

The Services require that Tapdaq access Network APIs on Publisher’s behalf. Publisher agrees to allow Tapdaq to access third-party APIs on behalf of Publisher (and not as Tapdaq).

Publisher shall ensure that each of its Apps comply with any applicable Apple/iOS and Google Play/Android rules, guidelines, or requirements and any agreements into which Publisher has entered with such platform entities.

6. Data collection and use

In this clause 6, the following terms shall have the following meanings:

  • "Applicable Privacy Laws" means all applicable international, national, federal, and state data protection and privacy laws, (including re EU Privacy Law as applicable to the processing of Personal Data in the European Union);

  • "Controller" means an entity that determines the purposes and means of processing Personal Data;

  • "EU Privacy Law" means: (a) prior to 25 May 2018, EU Directive 95/46/EC and any applicable national legislation implementing it; (b) from 25 May 2018 onwards, EU Regulation 2016/679 (the "General Data Protection Regulation") and any applicable national legislation made under or pursuant to it; and (c) EU Directive 2002/58/EC and any applicable national legislation implementing it; in each case as amended or superseded; and

  • "Personal Data" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Tapdaq acknowledge that a Publisher is the controller of Personal Data relating to their App Users. Publisher acknowledges that Tapdaq shall also be an independent controller (not a joint controller) of Personal Data that it processes about Publisher’s App Users to provide its Services.

As independent controllers of the Personal Data we process about App Users, both Tapdaq and Publisher shall comply with its responsibilities under Applicable Privacy Laws. In particular, Tapdaq and Publisher shall process App User’s Personal Data only for the purposes that have been properly notified to App Users (in accordance with the paragraph below). Each party shall ensure that it has a lawful basis for processing App User’s Personal Data consistent with the requirements of Applicable Privacy Laws and any necessary consents obtained from App Users.

Tapdaq, Publishers, Advertisers and Ad Networks shall comply with their respective published privacy and cookie policies and disclosures.

Publisher shall ensure that its App (and website, if applicable) includes prominently posted privacy and cookie policies both within the App and on the App store download page that describe, in a legally sufficient manner, the Personal Data that the App collects, how Publisher uses and shares such Personal Data, and how App Users can opt out of such use in accordance with Applicable Privacy Laws.

Publisher itself is solely responsible for any disclosures in its privacy policy or on its website.

Publishers shall implement appropriate technical and organizational security measures to protect App User’s Personal Data from accidental or unlawful destruction, loss, alteration, and unauthorized disclosure or access, consistent with the requirements of Applicable Privacy Laws.

If either Tapdaq or Publisher receives any inquiry, complaint or correspondence (a "Third Party Notice") from an individual, regulator, or other third party concerning the processing of User’s Personal Data in connection with the Services, it shall promptly inform the other and the parties shall cooperate in good faith and as reasonably necessary to address the requirements of such Third Party Notice.

No party shall process (nor permit any third party to process) any Personal Data relating to EU App Users in a territory that is outside of the European Economic Area unless it first implements appropriate safeguards consistent with the requirements of EU Privacy Law to enable such processing to occur lawfully outside of the European Economic Area.

Publisher shall ensure that it obtains its App Users’ legally valid consent to:

  • The use of cookies or other local storage where legally required; and

  • The collection, sharing, and use of personal data for personalization of ads or other services.

When seeking consent, Publishers must:

  • Retain records of consent given by App Users; and

  • If an App User has withdrawn consent from interest-based advertising, the Publisher must set the consent flag to false. Tapdaq will pass on the change in consent to each Ad Network whom requires it. Please refer to the SDK documentation for further details.

Tapdaq does not allow Publishers under the age of 18 to use the Services.

Tapdaq specifies in the Acceptable Use Policy below that You will not target any advertisements at children under 13 years of age (or otherwise applicable local minimum age if greater) and You will not transfer any Personal Information about or relating to an individual under 13 years of age (or otherwise applicable local minimum age if greater) to Tapdaq. If however, you believe that a child under 13 years of age (or otherwise applicable local minimum age if greater) has registered with us; or that You have transferred a Personal Data relating to a child under 13 years of age (or otherwise applicable local minimum age if greater) to us, please contact us and we will use our reasonable endeavours to delete such data from our records.

7. 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.

8. 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.

9. Tapdaq Software Development Kit Licence

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.

10. 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

  • 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 (or otherwise applicable local minimum age if greater) and you will not transfer any Personal Information about or relating to an individual under the age of 13 years of age (or otherwise applicable local minimum age if greater) 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 on your App 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.

11. 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.

12. 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.

13. Prices and payments

We currently do not charge a fee for joining Tapdaq.

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.

14. Advertisers and Ad Networks

Your dealings with any Advertisers, or Ad Networks including payment or delivery of goods or services, are solely between you and that Advertiser or Ad 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.

15. 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.

16. 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.

17. 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.

18. 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 make 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 or Applicable Privacy Law infringement by Advertisers or Ad Networks.

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.

19. 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.

20. 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 or Applicable Privacy Laws.

21. 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.

22. 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).

23. 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. The last publication date is set out below.

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.

24. 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.

25. What does it mean?

"Ad Network" means the following (and more may follow): AdMob; Adcolony, Applovin, Chartboost, Facebook Audience Network, InMobi, ironSource, Tapjoy, Unity Ads, Vungle and YouAppi.

"Advertisement" means advertising content that an Advertiser buys via an Ad Network, who then submits the Advertisement to our Service, which may include text ads, text links, banners, videos and graphics.

"Advertiser" a third party advertiser who buys advertising inventory via an Ad Network on Publisher App(s) 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.

"Mediation Service" means Tapdaq’s advertising optimisation and mediation platform

"Personal Information" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

"Publisher" means a mobile App developer / owner who buys our Services to allow the incorporation of Tapdaq’s SDK into their App to display Advertisements on its App from Ad Networks.

"Service" or "Services" means the products and services provided by Tapdaq, including our Tapdaq SDKs, our advertising network, mediation and optimisation services, 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 Kits that are available for download from our websitewww.tapdaq.com for use in relation to our Services.

"User" means the user of any App with the Tapdaq SDK installed.

Any words following the terms "including", "include", "in particular", “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

Date of Last Revision: 22nd November 2018.