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Terms of Service

Last Updated: April 21, 2023

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and iTap.ph ("we," "our," or "us") governing your access to and use of the iTap.ph website, mobile application, and digital business card service (collectively, the "Service").

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

2. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

3. Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement and that you have the right, authority, and capacity to enter into these Terms.

4. Account Registration

To use certain features of the Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your account.

We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with these Terms or if we suspect misuse of your account.

5. Subscription and Payment

5.1 Subscription Plans

We offer various subscription plans for our Service. The features and limitations of each plan are described on our website. We reserve the right to modify, terminate, or otherwise amend our offered subscription plans at any time.

5.2 Payment

You agree to pay all fees associated with your selected subscription plan. All payments are non-refundable except as expressly set forth in these Terms or as required by applicable law.

5.3 Automatic Renewal

Subscription plans automatically renew for the same subscription period unless you cancel your subscription before the end of the current period. By subscribing, you authorize us to charge your payment method for the subscription fee at the then-current rate.

5.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting our customer support. If you cancel, you may continue to use the Service until the end of your current billing period, but you will not receive a refund for any fees already paid.

In certain circumstances, such as when required by law or as determined at our sole discretion, we may issue refunds or credits for unused portions of your subscription. Any refunds will be processed using the same payment method used for the original purchase.

6. User Content

Our Service allows you to create, upload, and share content, including text, images, and links ("User Content"). You retain all rights in your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in connection with the Service.

You represent and warrant that:

  • You own or have the necessary rights to your User Content and have the right to grant the license described above.
  • Your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
  • Your User Content complies with these Terms and all applicable laws and regulations.

7. Prohibited Conduct

You agree not to:

  • Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
  • Violate or encourage others to violate the rights of third parties, including intellectual property rights.
  • Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate.
  • Interfere with security-related features of the Service.
  • Interfere with the proper working of the Service.
  • Use any robot, spider, crawler, scraper, or other automated means to access the Service.
  • Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Service.
  • Impersonate another person or misrepresent your affiliation with a person or entity.
  • Collect or store personal data about other users without their express permission.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of iTap.ph and its licensors. The Service is protected by copyright, trademark, and other laws of both the Philippines and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of iTap.ph.

8.2 Feedback

If you provide us with any feedback or suggestions regarding the Service ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate. We will treat any Feedback you provide as non-confidential and non-proprietary.

8.3 Copyright Infringement

If you believe that any content on our Service infringes upon your copyright, please notify us by providing the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity; (d) your contact information; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner; and (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

9. User Responsibilities

As a user of the Service, you are responsible for:

  • Maintaining the confidentiality of your account credentials.
  • Restricting access to your account and taking responsibility for all activities under your account.
  • Ensuring that your use of the Service complies with all applicable laws and regulations.
  • Regularly backing up your data and content.
  • Promptly notifying us of any unauthorized use of your account or any other breach of security that you become aware of.

10. Third-Party Services and Links

The Service may contain links to third-party websites or services that are not owned or controlled by iTap.ph. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that iTap.ph shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or interact with.

11. Data Retention and Deletion

We retain your personal information for as long as necessary to provide the Service and fulfill the purposes outlined in our Privacy Policy. When you delete your account, we will delete or anonymize your personal information, unless we are legally required to retain it.

Please note that some information may remain in our backup systems for a period of time after you request deletion. Additionally, we may retain certain information as necessary for our legitimate business interests, such as fraud prevention and enhancing users' safety and security.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Disclaimer of Warranties

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

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ITAP.PH, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.

UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS OR (B) ONE HUNDRED DOLLARS ($100).

THE LIMITATIONS OF LIABILITY IN THIS SECTION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. Indemnification

You agree to defend, indemnify, and hold harmless iTap.ph, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Philippines, without regard to its conflict of law provisions.

17. Dispute Resolution

17.1 Informal Resolution

Before filing a claim against iTap.ph, you agree to try to resolve the dispute informally by contacting us at [email protected]. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or iTap.ph may bring a formal proceeding.

17.2 Arbitration

Any dispute arising from or relating to these Terms or the Service will first be resolved through good-faith negotiations. If such negotiations fail, the dispute shall be finally settled by arbitration in accordance with the rules of the Philippine Dispute Resolution Center, Inc.

17.3 Class Action Waiver

YOU AND ITAP.PH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

19. Entire Agreement

These Terms constitute the entire agreement between you and iTap.ph regarding the Service and supersede all prior and contemporaneous written or oral agreements between you and iTap.ph.

20. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of iTap.ph.

21. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction, and any such assignment or transfer will not require your consent.

22. Force Majeure

We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or telecommunications failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

23. Contact Information

If you have any questions about these Terms, please contact us at:

Email: [email protected]
Address: iTap.ph Cebu City, Philippines