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Terms & Conditions

Last Updated: February 22, 2023

1. Introduction & Acceptance

These Terms and Conditions ("Terms") govern your access to and use of GoTap's website, platform, and services (collectively, the "Services"). GoTap ("we," "us," or "our") operates a performance-based marketing platform connecting advertisers with creators and influencers.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

These Terms apply to all users, including:

  • Creators: Influencers and content creators who promote advertiser apps through GoTap links
  • Advertisers: Companies that use GoTap to market their mobile apps and games
  • Visitors: Anyone who accesses our website

Additional terms may apply to specific services and will be presented when you access those services.

2. Definitions

  • "Advertiser": A company or individual that engages GoTap to promote their mobile application or game
  • "Campaign": A marketing initiative run through the GoTap platform
  • "Creator": An influencer, content creator, or publisher who promotes Advertiser apps through Promotional Links
  • "Promotional Link": A GoTap-tracked URL or QR code used to measure marketing performance
  • "Platform": The GoTap website, dashboard, APIs, and related technology
  • "Content": Any text, images, videos, or other materials uploaded or shared through the Services

3. Eligibility

To use our Services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Not be prohibited from using the Services under applicable law
  • If registering on behalf of an entity, have authority to bind that entity to these Terms

By using the Services, you represent and warrant that you meet all eligibility requirements.

4. Account Registration & Security

Registration: To access certain features, you must create an account with accurate, complete, and current information. You agree to update your information promptly if it changes.

Account Security: You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that violate these Terms or pose security risks.

5. Description of Services

GoTap provides a performance-based marketing platform that:

  • Connects Advertisers with Creators to promote mobile apps and games
  • Generates trackable Promotional Links and QR codes
  • Measures campaign performance including clicks, installs, and in-app events
  • Provides reporting and analytics dashboards
  • Facilitates payments between parties based on performance

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time.

6. Creator Terms

If you use GoTap as a Creator, the following additional terms apply:

Application & Approval

Creator accounts are subject to approval. We may accept or reject applications at our discretion and may revoke approval at any time.

Promotional Requirements

You agree to:

  • Only share Promotional Links on approved platforms (YouTube, Instagram, TikTok, Facebook, Snapchat, Twitch, Discord)
  • Create authentic, original content when sharing Promotional Links
  • Not engage in media buying, paid traffic acquisition, or incentivized promotion unless explicitly authorized
  • Comply with all applicable advertising disclosure requirements (including FTC guidelines)

Payments

Creator payments are based on verified performance metrics as defined in your Creator agreement. We reserve the right to withhold or claw back payments for fraudulent, invalid, or policy-violating activity.

7. Advertiser Terms

If you use GoTap as an Advertiser, the following additional terms apply:

Campaigns

Campaign terms, pricing, and deliverables are governed by your Insertion Order (IO) or separate Advertiser agreement with GoTap.

Content Approval

You are responsible for ensuring that your app, creative assets, and campaign materials comply with applicable laws, platform policies, and these Terms.

Payment

Payment terms are specified in your IO or Advertiser agreement. Late payments may result in campaign suspension and/or interest charges.

Attribution

Campaign attribution and measurement are performed through integration with third-party Mobile Measurement Partners (MMPs) or GoTap's tracking technology.

8. Prohibited Conduct

You agree not to:

Fraud & Manipulation

  • Use bots, scripts, click farms, emulators, or automated tools to generate fake clicks, installs, or events
  • Manipulate or attempt to manipulate campaign metrics or attribution
  • Engage in cookie stuffing, click injection, or install hijacking
  • Create fake accounts or misrepresent your identity

Harmful Activities

  • Distribute malware, viruses, spyware, or other malicious code
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the Services or servers
  • Reverse engineer, decompile, or attempt to extract source code

Content Violations

  • Promote illegal products, services, or activities
  • Share content that is defamatory, obscene, or infringes third-party rights
  • Mislead users about the nature of promoted apps or the promotional relationship
  • Violate any applicable advertising standards or platform policies

Other Prohibited Activities

  • Resell, sublicense, or transfer your account or access to the Services
  • Use the Services for any purpose that violates applicable law
  • Circumvent any access controls or usage limits

Violation of these prohibitions may result in immediate account termination, forfeiture of pending payments, and legal action.

9. Intellectual Property

Our IP

GoTap and its licensors own all rights, title, and interest in the Services, including all software, technology, trademarks, logos, and content. These Terms do not grant you any ownership rights.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms.

Your Content

You retain ownership of content you submit. By submitting content, you grant GoTap a worldwide, royalty-free license to use, reproduce, modify, and display such content in connection with operating and promoting the Services.

Feedback

Any feedback, suggestions, or ideas you provide may be used by GoTap without obligation or compensation to you.

10. Confidentiality

You agree to keep confidential any non-public information disclosed by GoTap, including campaign data, pricing, business strategies, and technical information. This obligation survives termination of these Terms.

Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from third parties.

11. Privacy & Data

Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and protect your information. By using the Services, you consent to our data practices as described in the Privacy Policy.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Services will be uninterrupted, secure, or error-free
  • Results obtained through the Services will be accurate or reliable
  • Any defects will be corrected

You use the Services at your own risk.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOTAP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO GOTAP IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.

Some jurisdictions do not allow limitation of liability for certain damages, so some limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless GoTap, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your content or promotional activities
  • Any fraudulent or illegal conduct

15. Term & Termination

Term

These Terms remain in effect until terminated by either party.

Termination by You

You may terminate your account at any time by contacting us or using account settings (where available).

Termination by Us

We may suspend or terminate your access immediately, without notice, for any reason, including breach of these Terms, fraudulent activity, or extended inactivity.

Effects of Termination

Upon termination:

  • Your right to access the Services ceases immediately
  • Pending Creator payments may be forfeited if termination is due to policy violation
  • We may delete your account data after a reasonable retention period
  • Provisions that by their nature should survive (confidentiality, limitation of liability, indemnification) will survive

16. Modifications to Terms

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email or platform notification at least 7 days before taking effect.

Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to changes, you must stop using the Services.

17. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Arbitration

Any dispute arising from these Terms or the Services shall be resolved through binding arbitration administered by JAMS in Los Angeles, California, in accordance with its Streamlined Arbitration Rules.

Class Action Waiver

You agree to resolve disputes with GoTap on an individual basis and waive any right to participate in class actions or class arbitrations.

Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Services.

18. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any applicable IOs or service agreements, constitute the entire agreement between you and GoTap.

Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.

Waiver: Our failure to enforce any provision does not waive our right to enforce it later.

Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations freely.

No Agency: Nothing in these Terms creates a partnership, joint venture, or agency relationship.

19. Contact Us

For questions about these Terms, please contact us at hi@gotap.it

For legal notices: legal@gotap.it