Terms and Conditions (T&Cs) for TapPlayer
1. Provider
Contact Person: Sethun Thilagarajah
Company: Service Solutions Thilagarajah
Contact: hello@tapplayer.app
2. Subject of the Agreement
2.1 Service Description
TapPlayer is an app that allows users to stream music by scanning NFC-enabled cards with their devices.
2.2 How the App Works
● To play music, users must purchase a card produced by TapPlayer, which is equipped with an NFC chip.
● The user scans the card with the app, and the corresponding music is loaded and played.
2.3 No Data Collection
● The app does not require registration or the collection of personal data. All users can enjoy music anonymously.
2.4 Access and Use of the App
● Access to the app is enabled by purchasing a TapPlayer-produced card. By downloading and using the app, users agree to these T&Cs, whether or not they create a user account.
● If TapPlayer introduces account creation in the future, the T&Cs will be updated accordingly.
3. Terms of Use
3.1 Copyright
● The music, images, as well as the concept, functionality, and branding of the app are protected by copyright.
● The use of the app is limited to personal listening. Commercial use or reproduction of the content is expressly prohibited.
3.2 Prohibition of Distribution
● It is prohibited to transfer, copy, modify, or distribute music or app content to other devices or third parties.
3.3 Prohibition of Manipulation
● The user is not allowed to decompile, reverse-engineer, or otherwise alter the functionality of the app.
4. Prices and Payment Terms
4.1 Free Basic Functionality
● The basic functionality of the TapPlayer app is free and can be downloaded and used at any time.
4.2 Card Pricing
● The prices for the cards needed to scan and play music are set and sold by the respective artists or labels. TapPlayer has no control over the pricing of the cards.
4.3 Cancellation and Complaints
● TapPlayer does not sell products directly to end consumers. End consumers must contact the retail point where they purchased the cards to acquire a card.
● Cancellations or complaints regarding the content (music, images, etc.) must be directed to the retail point that sold the card.
4.4 Future of TapPlayer and Third-Party Integrations
● TapPlayer reserves the right to integrate third-party applications or third-party devices with the app. Users are responsible for complying with the terms and conditions of third parties when using such devices or applications. TapPlayer does not guarantee the compatibility or functionality of third-party providers.
5. Disclaimer of Liability
5.1 Liability for Technical Issues
● TapPlayer is not liable for failures or technical issues caused by server overloads, network problems, or other external factors that may affect the use of the app.
5.2 Liability for Card Defects
● TapPlayer is not liable for damage to NFC cards caused by improper use or physical impacts such as bumps or scratches.
● TapPlayer is also not liable for damage to NFC cards caused by magnetic fields or magnets that may destroy the data stored on the card.
5.3 Defective Cards
● If a card is not recognized within 5 years of purchase (e.g., due to a defect in the NFC chip), the customer can contact TapPlayer at hello@tapplayer.app to arrange for an exchange. After 5 years, TapPlayer is not responsible for defective cards.
5.4 Liability for Loss of Music Availability
● TapPlayer is not liable for the loss or unavailability of music due to server problems, technical disturbances, or external influences.
6. Cancellation and Return
6.1 B2B Orders
● For B2B customers (labels, record companies), orders for NFC cards can be canceled up until the advance payment is made. After payment, cancellations or returns are not possible.
6.2 Sales to End Consumers
● TapPlayer does not sell cards directly to end consumers. For cancellations or returns, end consumers must contact the retail point where they purchased the cards.
7. Changes to the T&Cs
7.1 Right to Modify
● TapPlayer reserves the right to change these T&Cs at any time without prior notice.
7.2 Notification of Changes
● Changes to the T&Cs will be communicated to users by posting them on the website or within the app. Users are advised to review the changes regularly.
7.3 Effectiveness of Changes
● Changes to the T&Cs become effective as soon as they are published on the app or website. Continued use of the app after the publication constitutes acceptance of the new T&Cs.
8. Dispute Resolution and Legal Provisions
8.1 Arbitration and Conflict Resolution
● Any disputes arising from or in connection with these T&Cs will be subject to Swiss law. The parties agree to initially resolve disputes through mediation. If mediation does not lead to an agreement, the conflict will be resolved through arbitration.
8.2 Jurisdiction and Governing Law
● The jurisdiction for any disputes arising from or in connection with the use of the app or these T&Cs is located in the canton of Thurgau, Switzerland. Swiss law applies.
9. Final Provisions
9.1 Severability Clause
● If any provision of these T&Cs is found to be invalid or unenforceable, the validity of the remaining provisions will remain unaffected. The invalid provision will be replaced by a valid provision that comes as close as possible to the economic intent of the invalid provision.
9.2 Transfer of Rights
● TapPlayer is entitled to transfer all rights and obligations under these T&Cs to third parties without the user's consent.Privacy Policy for TapPlayer
1. Introduction
This Privacy Policy outlines how we collect, use, and protect your personal data when you use the TapPlayer app. By using the app, you agree to the practices described in this Privacy Policy.
2. Data Collection
TapPlayer does not require any personal information for the basic use of the app, such as streaming music via NFC scans. However, we may collect the following information:
● Non-personal Data: This may include information related to the performance and usage of the app (e.g., device type, operating system, and app version). This data is collected automatically to help improve the user experience and app functionality.
● Purchase Data (via Third Parties): If you purchase music cards, the transaction is handled by third-party retailers or services. TapPlayer does not collect payment or personal information during these transactions.
3. Use of Data
The data we collect may be used for the following purposes:
● Improving the app: To ensure that the app functions correctly and to enhance user experience based on collected performance data.
● Music access via NFC scans: To enable you to play music linked to the NFC cards purchased through third-party retailers.
● Customer Support: If you contact us regarding issues with your NFC card or the app, we may collect basic data necessary to resolve the issue.
4. Data Sharing
● Third-party Services: TapPlayer does not share personal data with third parties for marketing purposes. However, if you purchase NFC cards, the third-party retailers may collect and process your personal data in accordance with their own privacy policies.
● Legal Requirements: TapPlayer may disclose data if required by law, regulation, or legal process to comply with a valid request from governmental authorities.
5. Data Retention
● Usage Data: TapPlayer may retain non-personal usage data for as long as necessary to fulfill the purposes outlined above.
● Purchase Data: TapPlayer does not store any personal data related to card purchases, as these transactions are handled by third-party vendors.
6. Data Security
We take reasonable measures to protect your data from unauthorized access, alteration, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee the absolute security of your data.
7. Your Rights
You have the following rights in relation to your data:
● Access to Information: You may request information about any data we may have collected about you, though personal data collection is minimal or non-existent.
● Request Deletion: If you believe we hold any personal data related to your purchases or use of the app, you may contact us to request deletion.
8. Changes to This Privacy Policy
TapPlayer reserves the right to modify this Privacy Policy at any time. If we make significant changes to how we collect or use data, we will notify users through the app or on ourwebsite. Your continued use of the app after such changes constitutes your acceptance of the revised Privacy Policy.
9. Contact Us
If you have any questions or concerns regarding this Privacy Policy, please contact us at hello@tapplayer.app