Terms of Service

Please carefully read these terms and conditions of use ("Terms of Service") as they govern your access to and use of Dap Inc.'s ("Dap," "we," "us," and "our") Platform. Your acceptance of, and compliance with, these Terms of Service is a condition to your use of the following:

• https://dap.app/ (our "Website")
• NFC-enabled iPhone cases (our "Devices")
• Digital profile and link sharing services (our "Software")
• Any products ("Products") available for purchase through our Website
• The services ("Services") made available through our Website and/or Devices

Our Website, Devices, Software, Products, and Services are collectively referred to as our "Platform."

By using our Platform, you acknowledge that you have read, understand, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use our Platform.

1. Ownership of the Platform

All pages, features, and content within this Platform and any material made available for download are the property of Dap, or its licensors or suppliers, as applicable. The Platform is protected by United States and international copyright and trademark laws. The contents of the Platform, including all data, files, documents, text, photographs, images, audio, video, and any materials accessed through or made available for use or download through this Platform ("Content") may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Service or otherwise approved in writing by Dap.

2. Access to the Platform, Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Platform, including:

• Accessing data not intended for you or logging onto an account you are not authorized to access
• Attempting to probe, scan or test the vulnerability of a system or network without authorization
• Accessing or using the Platform in violation of these Terms of Service or applicable law

Violations of system or network security may result in civil or criminal liability. Dap will investigate occurrences that may involve such violations and may cooperate with law enforcement authorities in prosecuting users involved in such violations.

You agree to protect the confidentiality of your user ID and password, and not to share or disclose them to any third party. You are fully responsible for all activity occurring under your account. Your access to the Platform may be revoked by Dap at any time with or without cause.

3. Products and Services

Certain products or services may be available exclusively online through our Website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the pricing, colors, and images of our products. We cannot guarantee that your device's display of any color will be accurate.

We reserve the right to limit sales of our products or services to any person, geographic region, or jurisdiction. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

4. Account Setup and User Information

You agree to:

• Provide true, accurate, current, and complete information when registering
• Maintain and promptly update your information to keep it accurate
• Not create accounts for others without their permission
• Not allow others to access your account or use your password

If you provide information that is untrue, inaccurate, not current, or incomplete, Dap may suspend or terminate your account.

5. Dap Profile Services

Our Platform includes digital profile services ("Dap Profile") that allow you to:

• Create and customize a digital profile page
• Add and manage social media links
• Generate and share digital business cards
• Track profile views and link clicks (with premium subscriptions)

You are solely responsible for the content you add to your Dap Profile. You agree not to include content that is false, misleading, defamatory, obscene, or violates any third-party rights.

6. Subscription Terms

We may charge a subscription fee for premium features. Your subscription is continuous and will be automatically renewed at the end of each subscription period unless you cancel before the renewal date.

If you cancel your subscription, your account's access to premium features will end at the conclusion of your current billing period. Dap may change subscription prices from time to time and will communicate any price changes to you in advance.

If payment through your payment method is refused, rejected, or declined for any reason, we reserve the right to cancel your subscription without notice.

7. Online Payments

You can purchase products and/or services on the Platform. We accept credit and debit cards and other payment methods as displayed at checkout. Payments are processed securely through our payment provider, Stripe.

You represent and warrant that: (i) any payment information you supply is true, correct, and complete; (ii) charges incurred by you will be honored by your payment provider; (iii) you will pay the charges incurred including any applicable taxes; and (iv) you are authorized to make a purchase with the relevant payment method.

8. Order Acceptance

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion.

Some situations that may result in order cancellation include limitations on quantities, inaccuracies in product or pricing information, or problems identified by our fraud prevention systems. If your order is canceled after payment has been processed, we will issue a refund to your original payment method.

9. NFC Devices

Our NFC-enabled iPhone cases ("Devices") are designed to work with compatible smartphones. By using our Devices, you acknowledge that:

• NFC functionality requires a compatible device with NFC capabilities
• Performance may vary depending on device settings and conditions
• You are responsible for the content programmed to your Device
• Dap is not responsible for any interactions resulting from Device usage

10. Acceptable Use

You agree NOT to use the Platform to:

• Harass, abuse, or harm other users
• Share false, misleading, or fraudulent information
• Impersonate others or create fake identities
• Engage in spamming, phishing, or malicious activities
• Violate any applicable laws or third-party rights
• Circumvent security measures
• Use automated systems or bots to access the service
• Collect data about other users without their consent

11. User Generated Content

If you submit any content to us or our Platform ("User Generated Content"), you agree not to provide content that:

• Is defamatory, abusive, libelous, unlawful, obscene, threatening, or harmful
• Violates intellectual property rights of any person or entity
• Contains viruses or any other harmful component

You grant Dap a royalty-free, irrevocable, transferable right and license to use User Generated Content in connection with operating and improving the Platform. Dap reserves the right to monitor and remove any User Generated Content that violates these guidelines without notice.

12. Links to Other Sites

Dap makes no representations about any other website you may access through the Platform. When you access a non-Dap website, it is independent from Dap, and Dap has no control over the content on that website. A link to a non-Dap website does not mean Dap endorses or accepts any responsibility for the content or use of the linked website.

13. Disclaimer of Warranties

DAP DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14. Limitation of Liability

DAP AND ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF DAP TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS $500 (FIVE HUNDRED DOLLARS).

15. Indemnification

You agree to defend, indemnify, and hold Dap harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms of Service, violation of applicable law, your use of the Platform, or access by anyone accessing the Platform using your account credentials.

16. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

17. Changes to Terms

Dap reserves the right to revise these Terms of Service at any time by updating this page. You should periodically visit this page to review the current Terms of Service. Your continued use of the Platform after revisions constitutes your agreement to the revised Terms.

18. Contact Us

If you have any questions, concerns, or suggestions regarding these Terms of Service, please contact us: