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1tap Terms And Conditions

Please Read Carefully Before Downloading Any 1tap App or using 1tap’s services via its website

Welcome to 1tap. 1tap offers a range of apps, products and services to assist with the automation of bookkeeping for Sole Traders. What we refer to collectively as the “1tap Products” incorporates:

  • the automated processes 1tap provides for extracting data from, and otherwise processing information contained in, Submissions;
  • all Services 1tap provides to its Users and/or Accountants as applicable;
  • any other services that 1tap chooses to offer in the future;
  • the 1tap websites at the following domains: 1tapreceipts.io, 1tapreceipts.com, 1tap.io, 1taptax.com and 1taptax.io (the “Websites”); and
  • the 1tap Technology

These terms and conditions (“Terms and Conditions”) (together with the documents referred to in it) constitute a legal agreement between you (“User” or “you”) and 1TAP APP LIMITED (company number: 10000547) whose registered office is at 154-160 Fleet Street, London EC4A 2DQ, UK (“1tap”, “us” or “we”) in relation to the use of the 1tap Apps and the Services.

By accepting these Terms and Conditions when you create your Account, as well as by using the 1tap Apps and/or the Services, you confirm that you accept these Terms and Conditions and that you agree to comply with them. If you do not agree to these Terms and Conditions, you must not use any 1tap App or the Services.

We license the use of the applicable 1tap App(s) to you on the basis of these Terms and Conditions and subject to any rules or policies applied by any app store provider (“Appstore”) or operator from whose site you downloaded the applicable 1tap App(s) (“Appstore Rules”). We do not sell any 1tap Apps to you. We remain the owners of the 1tap Apps at all times.

Important Notice

By either using the Services or downloading a 1tap App from an Appstore and/or clicking on the “Accept” button below you agree to these Terms and Conditions which are legally binding. These Terms and Conditions include, in particular, the 1tap Privacy Policy. We also draw your attention in particular to the limitations of liability in Section 12 below.

If you do not agree to these Terms and Conditions, we will not license any 1tap App to you and you may not use the Services. Accordingly, you must stop using the Services and delete any 1tap Apps from your Devices.

1. Definitions

“1tap Apps”

1tap Apps means both the 1tap receipts and the 1tap tax mobile applications, together with the accompanying electronic documents, the data supplied with such software and the associated media.

“1tap Technology”

1tap Technology means the proprietary technology and software (in both object code and source code form) that enable 1tap to provide the 1tap Products, the Tools and any other services that 1tap may from time to time make available, together with the Intellectual Property Rights in and to inventions, designs, information, know-how, specifications, formulae, data, processes, methods, techniques and other technology related thereto.

“Account”

Account means the User account to which we provide the 1tap Products.

“Accountant(s)”

Accountant(s) means accountancy firms and bookkeepers that have either (i) provided Users with links to register with 1tap; or (ii) have been added to a User’s 1tap Account by a User.

“Confidential Information”

Confidential Information means any information of a confidential nature (regardless of whether or not such information is recorded in any physical, electronic or other media) concerning either you or us which is confidential, commercially sensitive and not in the public domain (whether or not marked confidential).

“Data” and “Submissions”

Data means any and all data or information that is uploaded to the 1tap Products or otherwise provided to 1tap, including images, emails, earnings information, receipts, bills, invoices or other financial or bookkeeping-related transaction documents (collectively, “Submissions”), together with any data or information extracted from such Submissions.

“Fees”

Fees mean the fees that you are required to pay to access the 1tap Products in accordance with a 1tap prime Plan. 1tap may vary the Fees from time to time, in accordance with these Terms and Conditions.

“Intellectual Property Rights”

Intellectual Property Rights means any patent, trademark, service mark, database right, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

“Plans”

Plans mean the two tiers of subscription model available for the 1tap Products, which outline:

  • the particular 1tap Products to be provided to you;
  • the access limitations and restrictions that apply to the 1tap Products for which you have subscribed including the number of permitted Submissions per month
  • the Fees payable (if applicable) and the frequency with which they must be paid.

“Sole Trader”

In respect of Users based in the UK, has the meaning given to that term by HMRC.

In respect of Users based in jurisdictions other than the UK, means an individual who is self-employed, operates their own business as an individual and bears personal liability for losses suffered by that business.

“Supported File Types”

Supported File Types means .PDF, .jpeg, .tiff, .doc, .docx, or any other file types that may be supported by the 1tap Products in the future.

“Tools”

Tools mean collectively, the 1tap Websites, the 1tap Apps, 1tap’s email submission technology and any add-ons or software integrations that 1tap may support or make available from time to time.

2. Acknowledgements

  1. These Terms and Conditions apply to each of the 1tap Apps (together with any of the services accessible through such 1tap Apps) and services and similar functions of the 1tap Products that are accessed via any of the Websites (collectively, the “Services”), unless they come with separate terms, in which case those terms apply. If any open-source software is included in any 1tap App or any element of the Services, the terms of an open-source license may override some of the terms of these Terms and Conditions.
  2. From time to time updates to a 1tap App may be issued through the applicable Appstore. Depending on the update, you may not be able to use the Services via the applicable 1tap App until you have downloaded the latest version of such 1tap App and accepted any new terms relating thereto. The Appstore Rules are also incorporated into these Terms and Conditions by reference.
  3. You acknowledge that:
    • you are over 18 years old; and
    • we provide access to a platform to assist you to manage business expenses as a sole trader and prepare your tax returns. We do not provide any financial and tax advice.
  4. By using any 1tap App or any of the Services, you consent to us collecting and using technical information about the devices via which you access the Services, including any mobile telephone or handheld devices on which you install a 1tap App (“Devices”), to improve our products and to provide the Services to you.
  5. You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you to download a copy of any 1tap App onto such Devices and/or to otherwise access any element of the Services via such Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with these Terms and Conditions for the use of the 1tap App or any Services on or in relation to any Device, whether or not it is owned by you.
  6. Certain Services provided via the 1tap Apps may make use of location data sent from or relating to the Devices. You can turn off this functionality at any time by turning off the location services settings in the 1tap Apps on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings as described above.
  7. The 1tap Apps and parts of the Services may utilize integrated solutions from, or may contain links to, other independent third-party providers (“Third-party Providers”). Third-party Providers are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Providers, including the purchase and use of any products or services accessible through them. For more information on Third-party Providers please contact hello@1tap.io.

Any words following the terms including, include, in particular, or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

3. Grant And Scope Of Licence

In consideration of you agreeing to abide by these Terms and Conditions, we grant you a non-transferable, non-sublicensable, non-exclusive, limited licence to use the 1tap Apps and Services on the Devices, only to the extent necessary to get the benefit of the Plan to which you are subscribed, for use as a Sole Trader only and subject to these terms. We reserve all other rights. For the avoidance of doubt, no rights of access or use to the 1tap Products are granted to Accountants, whether expressly or by implication, under these Terms and Conditions.

4. Restrictions

  1. Except as expressly set out in these Terms and Conditions or as permitted by any local law, you agree that you shall not:
    • copy, reproduce, modify, adapt, translate, prepare derivative works of, republish, upload, post, transmit, or distribute any 1tap Products or any other Intellectual Property Rights in or to the 1tap Products for any reason whatsoever;
    • reverse assemble, decompile, reverse engineer or in any way derive or attempt to derive from the 1tap Products any source code or the structure, sequence or organization of such code;
    • use the 1tap Products in any way that infringes another person’s Intellectual Property Rights;
    • use the 1tap Products to upload, post, email, or otherwise transmit worms, viruses, or any other computer file, code, or program designed to disrupt, interrupt, limit, or disable any of the functionality of the 1tap Products, or any hardware, or telecommunications equipment;
    • access (or try to access) and use any of the 1tap Products through any interfaces not provided by 1tap or by any automated means, including, but not limited to, scripts, robots, or web crawlers;
    • use the 1tap Products to upload, post, transmit, store, or otherwise make available content that contains software viruses or any other computer code, files, or programs that could interrupt, destroy or limit the functionality of the computer software or hardware or telecommunications equipment of 1tap, its Users or Accountants, its service providers or its affiliates.
    • use the 1tap Products to upload post, transmit, store, or otherwise make available content that is pornographic or otherwise explicit in nature (1tap reserves the right to remove any and all such content at its sole discretion);
    • use the 1tap Products in any fashion which violates, or might reasonably be judged by 1tap to violate, any local or foreign law or regulation;
    • (without limiting the rights of Accountants to make available the 1tap Products to Sole Traders) sublicense, assign or otherwise transfer the 1tap Products, these Terms and Conditions or the rights under it, whether by operation of law or otherwise, otherwise than in accordance with these Terms and Conditions;
    • transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of any 1tap Apps or the Services;
    • use the 1tap Apps or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
    • collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
  2. We will not be responsible, or liable, to any third party for the content or accuracy of any Data or transaction you upload to the 1tap Products.

For use as a sole trader only

  1. The 1tap Products are designed for use by Sole Traders only, not consumers or companies. You warrant and represent that you are acquiring the right to access and use the 1tap Products as a Sole Trader and are not dealing with 1tap as a consumer or a company.

5. Data

Who owns the data?

  1. Dealing with your Data transparently is of core importance to 1tap. 1tap’s position on Data ownership is that you own the Data.
  2. In practice – this means that Data ownership will be as outlined below:
Who owns the data?User.
Who owns the Submissions?User.
Who can delete the Data?User only.
Who can access and use the Data?Users, 1tap (as described below), if applicable, Accountants (see section 6.1 below).
Can Accountants create a copy of Users' Data?Yes (provided that the user has opted in to sharing their Data with the Accountant)
Can 1tap use the Data?Yes. 1tap needs to be able to use and process the Data to provide the 1tap Products.

How is Data used?

  1. In order to provide the 1tap Products to Users, we need to use and store the Data. In addition, we may share or make available the Data to third parties that provide services to us; we will only allow such sharing of or access to Data to enable us to provide you with the 1tap Products and in accordance with our Privacy Policy.

Does 1tap sell Data?

  1. No. 1tap does not sell Data to any third parties. 1tap will only use the Data to provide the 1tap Products as described in these Terms and Conditions and in our Privacy Policy.

What is 1tap’s policy towards data privacy and personal information?

  1. 1tap’s policies and procedures relating to personal information are described in its Privacy and Cookie Policy, which can be found here http://www.1tapreceipts.com/privacy/ (“Privacy Policy”).
  2. The Privacy Policy explains how 1tap handles and stores personal information and protects your privacy. Please read this Privacy Policy carefully. Importantly, the Privacy Policy details how and why we may make available your Data to our service providers based outside the European Economic Area.
  3. The Privacy Policy forms part of these Terms and Conditions. By using any 1tap Apps or the Services, you agree to the use of your personal information and Data in accordance with Privacy Policy and you warrant that all data provided by you is accurate. Additionally, by accepting these Terms and Conditions and using any 1tap Apps or the Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using any 1tap Apps or the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Third Party applications

  1. If you have integrated any 1tap Products with any third-party applications (e.g., your banking services), you acknowledge that 1tap can allow the providers of those third-party applications to access your Data. Allowing third parties access to your Data in this fashion is necessary to allow third-party applications to integrate with the 1tap Products.
  2. You acknowledge that 1tap shall not be responsible for any corruption, unauthorized disclosure, modification, loss or deletion of your Data that results from any such access by third-party application providers.
  3. To enable the integration of third-party applications with the 1tap Products, we may have to use certain pieces of software provided by the applicable third-party service provider. In some circumstances, 1tap will be required to pay a fee to use such software integrations. If you choose to integrate any 1tap Products with any third-party applications, we may require you to pay any charges for which 1tap may become liable to enable the required integration, these charges will be in addition to the Fees.

What happens to Data when your Account is closed?

  1. After cancellation or termination of your Account and/or these Terms and Conditions, 1tap may restrict your access to the 1tap Products and your Account, including any Submissions or Data stored in that Account.
  2. Following termination, unless you instruct us to delete them, 1tap will aim to retain one (1) copy of each Submission that you have submitted for a period of ten (10) years following the relevant submission date. We take this step to assist you in complying with your recordkeeping obligations to local tax authorities.
  3. Notwithstanding the above, we provide no guarantees that your Submissions or any Data will be retained by 1tap following cancellation or termination of these Terms and Conditions, nor that you will comply with any of your obligations to local tax authorities. For this reason, we suggest you maintain your own copies of any Submissions submitted and any Data to the fullest extent necessary to allow you to comply with all applicable recordkeeping obligations.

Back up your Data

  1. Although we take reasonable steps to ensure that your Data is kept secure (see the Security and Back Up at Section 10 below), 1tap shall not be liable for any deletion of, corruption of, or failure to store any Data or other content used in or maintained by the 1tap Products. Accordingly, you should create backup copies of all Submissions and any Data therein that you provide to the 1tap Products.

6. Accountants

  1. Accountants are not able to create a 1tap Account on behalf of someone else, but they can:
    • invite sole traders to set up a 1tap Account; and
    • access a User’s data in a 1tap Account via Receipt Bank or their email (only with User’s permission).
  2. You acknowledge and agree that:
    • you are responsible for determining what access levels and permissions Accountants have to use your 1tap Account;
    • you are responsible for all Accountant use of the 1tap Products.
  3. The services (other than 1tap Products made available pursuant to these Terms and Conditions) Accountants provide to Accountant Users are not vetted, endorsed or approved by 1tap. Accountant Users acknowledge and agree that 1tap is not responsible for the quality of such services they receive from Third Parties. Accountants are solely responsible for vetting and reviewing the services Third Parties provide to them.

7. 1tap Products

  1. Subject to these Terms and Conditions, in particular, your payment of the Fees (if applicable), 1tap shall provide the 1tap Products to you in accordance with the terms of your current Plan. In order to make sure that you have the best experience using the 1tap Products, 1tap may sub-contract or assign the provision of any and all of the 1tap Products.
  2. 1tap may amend these Terms and Conditions (including changing the nature or scope of the 1tap Products) at any time. When we do change these Terms and Conditions, any additional or different terms shall be effective upon being posted on this page of 1tap’s website located at Terms and Conditions or any successor website we notify to you. Your continued use and receipt of the 1tap Products following the posting of variations to these Terms and Conditions constitutes your irrevocable acceptance of those additional or different terms.
  3. If 1tap deems it necessary to discontinue the 1tap Products it provides due to the highly unlikely event of our closure, you will receive at least 7 days’ notice before your Account is closed.

8. Subscription Terms

Subscription fees

  1. 1tap prime Users shall pay the applicable Fees for their Plan to 1tap in advance on either a monthly or annual basis.
  2. Unless otherwise expressly stated or agreed between you and 1tap in writing, all prices are exclusive of value added tax.

Free subscribers

  1. Users who are signed up to the free 1tap Plan shall not be subject to the Fees outlined above.
  2. For such Users signed up to the free 1tap Plan, any use of 1tap beyond the then-current limit(s) applicable to that free Plan will be available on a subscription basis in accordance with the 1tap prime subscription terms as described in these Terms and Conditions.

1tap prime subscribers

  1. 1tap prime is available for the prices shown from time to time on our Pricing Page at: https://1tapreceipts.com/pricing/
  2. Please note that certain 1tap prime Plans are limited in respect of the number of Submissions that you may upload via the Tools per month and we reserve the right to stop providing 1tap prime to Users that exceed any applicable limits associated with their Plan.
  3. In addition, please note that use of 1tap prime Unlimited is subject to 1tap’s then-current Fair Usage Policy of no more than 1000 receipts per month.

Fees Variation

  1. You agree that 1tap may change the Fees for each particular Plan. In the event that the Fees for Plans are to be changed, 1tap will give you advance notice of any such changes – we will do this by sending an email to the address registered on your Account.

9. Submissions

  1. The 1tap Products allow Users to submit Submissions to 1tap via the Tools only, 1tap does not accept paper or postal submissions.
  2. You may not scan in Submissions for another User. If 1tap determines that you have scanned in Submissions for another User, they will not be processed unless the original User gives 1tap permission to do so.
  3. Usage of an Account by more than one person without consent of the original User may result in termination of that Account without any refund of the Fees paid (if applicable).
  4. If you continue to submit Submissions to 1tap after terminating your Plan, they will not be scanned or uploaded into your Account.
  5. The 1tap Products only allow for effective and accurate extraction of Data that is in the standard Latin alphabet and/or contains numbers in the European numeral system. You acknowledge that 1tap cannot guarantee the accurate extraction of Data from Submissions which are not in these formats.
  6. Any Submission you submit to 1tap using the Tools must be in a Supported File Type. You acknowledge that 1tap cannot process any Submissions which are not submitted in a Supported File Type.
  7. If you submit any illegible Submissions they may not be processed correctly into your Account. You recognize that all Submissions may not be entered correctly into your Account, and that 1tap does not guarantee proper tagging or data entry on Submissions.
  8. 1tap does not guarantee the accuracy of automatically processed information.

10. Security and Back Up

Security

  1. As long as you keep your password safe, 1tap protects your Data so it can only be viewed and accessed by you and those who have been authorized to access it (including if applicable, Accountants). 1tap uses 256-bit secure socket layer encryption.
  2. You agree to be responsible for keeping your passwords associated with your Account secret and secure. 1tap may be able to help you retrieve lost passwords, but cannot guarantee to do so, and will not be held responsible or liable if it cannot locate or reset a lost password.
  3. For your security, do not submit any Submissions to 1tap that have full credit card information printed on them. If any such Submissions are received, 1tap reserves the right, but shall not have the obligation, to not scan, upload or process such Submissions to your Account. It is your responsibility to ensure that you review the content and form of any Submissions you upload to the 1tap Products or otherwise provide to 1tap.
  4. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
  5. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@1tap.io.

Back Up

  1. To ensure that your Data remains accessible and secure throughout your use of the 1tap Products in accordance with these Terms and Conditions, 1tap periodically creates backup copies of your Data in accordance with standard industry practices.

11. Content in the Services

  1. 1tap does not and cannot control what information is submitted to it via the Tools. We do not expect our Users to upload any objectionable, offensive or indecent content via the Tools or otherwise to the 1tap Products. You acknowledge and agree that you are solely responsible any information that is submitted to the 1tap Products and are responsible for any consequences of such actions.
  2. You also understand that when using the 1tap Products, you may come across material that you find objectionable, offensive or indecent and that you are using the 1tap Products at your own risk.

12. Warranty Disclaimer and Limitations of Liability

  1. You acknowledge that the 1tap Products are provided on an “as is” and “as available” basis. 1tap makes no representations, warranties or conditions of any kind, express or implied, with respect to the 1tap Products, including any warranty that 1tap Products will:
    • be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
    • meet your requirements or expectations;
    • be free from errors or that defects will be corrected; or
    • be free of viruses or other harmful components.
  2. To the fullest extent permitted by applicable law, 1tap expressly disclaims all implied warranties or conditions including warranties and conditions of satisfactory quality, fitness for purpose and non-infringement.
  3. We will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.
  4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the 1tap App or any other element of the Services or to your downloading of any content on them, or on any website linked to them or from them.
  5. You acknowledge and agree that 1tap shall not be liable for any losses or claims whatsoever relating to:
    • any permanent or temporary restrictions or cessations of the Service;
    • any deletion of, corruption of, or failure to store any Data or other content used in or maintained by the 1tap Products;
    • your failure to provide correct, accurate, and up-to-date account information;
    • your failure to keep your password and account information secure.;
    • your misuse of, or inability to use, any part of the 1tap Products;
    • incorrectly entered information;
    • any inaccuracy in any Data extracted from the Submissions you upload (you are advised to carefully review the accuracy of such Data); OR
    • use of or reliance on any content displayed on any 1tap App, any Website or otherwise on or via the Services.
  6. Nothing in these Terms and Conditions limits or excludes 1tap’s liability for:
    • death or personal injury caused by its negligence;
    • fraud or fraudulent misrepresentation; or
    • any other act, omission, or liability which may not be limited or excluded by applicable law.
  7. Subject to Section 12.6, 1tap’s total liability to 1tap prime subscribers, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions shall be limited, in respect of all claims (connected or unconnected) to the total Fees paid or payable by you in the previous twelve month period.
  8. Subject to Section 12.6 and to the fullest extent permitted by law, 1tap’s excludes all liability to free subscribers, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions.
  9. You acknowledge that we are not your advisor nor your accountant. The 1tap Products do not constitute financial advice. You remain wholly responsible for your compliance with all filings and reporting requirements in relation to taxation and all other similar requirements or duties imposed on you under applicable law.
  10. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

13. Accessing the App

  1. The 1tap Apps themselves are made available free of charge. You acknowledge and agree that, in order to access the full functionality of the 1tap Apps, you may need to make one or more in-app purchases.
  2. We do not guarantee that the 1tap Apps, or any content on them, will always be available or be uninterrupted. Access to the 1tap Apps is permitted on a temporary basis. We will not be liable to you if for any reason the 1tap Apps or any one of them are unavailable at any time or for any period.

14. Intellectual Property Rights

  1. You acknowledge that all Intellectual Property Rights in the 1tap Apps and the 1tap Technology anywhere in the world belong to us or our licensors, that rights in the 1tap Apps are licensed (not sold) to you, and that you have no rights in, or to, the 1tap Apps or the 1tap Technology other than the right to use each of them in accordance with these Terms and Conditions. Nothing in these Terms and Conditions is intended to transfer any Intellectual Property Rights from 1tap to Users or Accountants.
  2. You acknowledge that you have no right to have access to the 1tap Apps or any other element of the 1tap Technology in source-code form.

15. Indemnity

  1. You indemnify 1tap from and against all claims, costs, damage and loss arising from your breach of these Terms and Conditions. This indemnity covers any costs relating to the recovery of any Fees that you have failed to pay in accordance with these Terms and Conditions.

16. Termination

  1. We may terminate these Terms and Conditions immediately by written notice to you.
  2. You shall be deemed to have terminated these Terms and Conditions if:
    • you cancel your subscription to the 1tap Products; or
    • you fail to pay, if applicable in accordance with these Terms and Conditions, any Fees due and payable for a renewal of your then-current Plan under which you are permitted to access the 1tap Products.
  3. Without prejudice to its other rights and remedies, 1tap may, on notice to you, terminate these Terms and Conditions with immediate effect if you:
    • commit a material breach of these Terms and Conditions and, in the case of any breach which can be remedied, fail to remedy that breach within fourteen days of a notice from us requiring such remedy; or
    • you or your business become insolvent or your business goes into liquidation or has a receiver or manager appointed of any of its assets or if you become bankrupt, or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

Free subscribers

  1. 1tap reserves the right to terminate your Account if it has been inactive for a period of 90 days; we will notify you prior to this.

1tap prime subscribers

  1. These Terms and Conditions will continue for the period covered by the Fees paid for your Plan (a “Billing Period”). At the end of each Billing Period these Terms and Conditions will automatically renew for another period (if you pay the relevant Fees when due and payable) unless either party terminates these Terms and Conditions before the end of the relevant Billing Period.
  2. No refund will be given for any Fees you have already paid in advance in respect of a Billing Period upon termination of these Terms and Conditions prior to the expiry of that Billing Period. If these Terms and Conditions are terminated for any reason and any Fees that were payable prior to such termination are unpaid, you will be liable to pay all outstanding Fees to 1tap.
  3. Failure by you to pay any Fees due to us by the date on which such payment is due shall constitute a material breach of these Terms and Conditions.
  4. Without prejudice to its other rights and remedies, 1tap may terminate these Terms and Conditions and close your Account at the end of any Billing Period.

17. General

Confidentiality

  1. Each party undertakes to the other that it shall not at any time disclose to any person any Confidential Information except as is permitted by these Terms and Conditions, including the remainder of this Confidentiality section.
  2. Each party may disclose the other’s Confidential Information:
    • to its employees, officers, representatives, service providers, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under these Terms and Conditions, provided always that such recipients shall be made aware of the confidential nature of the Confidential Information they receive and shall agree to reasonable confidentiality undertakings to protect such Confidential Information;
    • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority; or
    • as described in the Privacy Policy.
  3. Neither party shall use the other party’s Confidential Information for any purpose other than to perform its obligations under these Terms and Conditions.

Force Majeure

  1. 1tap shall not have any liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, act of terrorism, war, explosion, embargo, strike, labour or material shortage, transportation interruption of any kind, work slowdown or any other event or condition beyond its control.

Applicable Law and Jurisdiction

  1. These Terms and Conditions and all matters arising from them (including, without limitation, any dispute relating to the existence, validity or termination of these Terms and Conditions or any contractual or non-contractual obligation) shall be governed by, and construed in accordance with English law. In relation to any legal action or proceedings to enforce these Terms and Conditions or arising out of or in connection with these Terms and Conditions (including any dispute relating to the existence, validity or termination of these Terms and Conditions or any contractual or non-contractual obligation) (“Proceedings”) each of the Parties irrevocably submits to the exclusive jurisdiction of the courts of England and waives any objection to Proceedings in such courts on the grounds of venue or on the grounds that the Proceedings have been brought in an inappropriate forum provided that a judgment or order of any court may be enforced in any court of competent jurisdiction.

Entire Agreement

  1. These Terms and Conditions, together with any webpages, documents or policies incorporated by reference hereinto, constitute the entire agreement and understanding between you and 1tap relating to the matters contemplated by these Terms and Conditions and supersedes all previous agreements (if any and whether in writing or not) between you and us in relation to such matters. The parties acknowledge and agree that, except as otherwise expressly provided for in these Terms and Conditions, they are not entering into these Terms and Conditions on the basis of, and are not relying on and have not relied on, any statement, representation, warranty or other provision (in any case whether oral, written, expressed or implied) made, given, or agreed to by any person (whether a party to these Terms and Conditions or not) in relation to the subject matter of these Terms and Conditions, provided that nothing in these Terms and Conditions shall exclude any party from liability for fraud or fraudulent misrepresentation.

Assignment

  1. You shall not assign any rights or obligations under these Terms and Conditions without 1tap’s prior written consent (such consent not to be unreasonably withheld) and any unauthorised assignment shall be null and void.

Notices

  1. Notices to 1tap must be sent to hello@1tap.io or to any other email address notified to you by us.
  2. We will send notices to you to the then current email address on your Account.

Waiver

  1. Except as otherwise provided in these Terms and Conditions, a waiver of any right or remedy under these Terms and Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms and Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.

Severability

  1. If any provision or part-provision of these Terms and Conditions shall be held to be invalid, illegal, void or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these Terms and Conditions.

Independent Contractors

  1. The parties agree that they are each independent contractors and nothing in these Terms and Conditions will be deemed to establish a joint venture, partnership, agency or employment relationship between the parties. Neither party shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any other contract, agreement or undertaking with any third party.

Third party rights

  1. A person who is not a party to these Terms and Conditions has no right to benefit under or to enforce any term of these Terms and Conditions.

Contact us

  1. To contact us, please email: hello@1tap.io. Thank you for using 1tap.
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