Terms of Service

The agreement

These Terms are an agreement between TAPP Digital Incorporated ("TAPP", "we") and the organisation that subscribes to WavesPath ("the Customer", "you"). Together with your order, proposal or invoice and our Data Processing Agreement, they make up the whole agreement. If they conflict, the order wins on fees and plan, the Data Processing Agreement wins on personal data, and these Terms win on everything else.

The person who accepts these Terms for an organisation confirms they are authorised to do so.

Words used here

• "Platform": WavesPath, its websites, member areas, delegate pages and related services.
• "Users": the people you allow to sign in to run your organisation on the Platform.
• "End Users": the people your organisation serves through the Platform, such as members, applicants, delegates, speakers, learners, subscribers and bookers.
• "Customer Data": everything you or your End Users put on the Platform, including personal data.

Accounts and security

You are responsible for your Users: who you invite, the permissions you give them, and what they do. Keep sign-in details private, use two-factor sign-in where it is offered, and tell us at once if you suspect an account has been misused. We may require extra security steps when the risk calls for it.

Your data

Customer Data belongs to you. You give us permission to host, copy, process, send and show it only as needed to provide, secure and support the Platform for you, and as our Data Processing Agreement sets out. We do not sell it or use it to train artificial intelligence models.

You can export your records at any time. You are responsible for the accuracy of Customer Data and for having the right to collect and use it, including giving your End Users the notices and obtaining the consents the law requires (for example before sending them marketing emails).

Acceptable use

You and your Users must not use the Platform to:

• break the law, or infringe anybody's rights, including privacy and intellectual property;
• send unsolicited bulk email or messages to people who have not agreed to hear from you;
• upload malicious code, or content that is unlawful, abusive or misleading;
• try to get into accounts, data or systems you are not authorised to use, test our security without our written permission, or get round limits we set;
• copy, resell or reverse engineer the Platform, or scrape it by automated means, except as the law allows;
• put a load on the Platform that harms other customers.

We may remove content or suspend access that breaks these rules, telling you why unless the law or the urgency prevents it.

Payments your organisation takes

When you sell tickets, collect dues, take bookings or sell courses, you connect your own payment gateway account. The sale is between your organisation and the person paying; the gateway handles the card. We are not a party to those payments and are not responsible for the gateway's service, its charges or refunds you agree with your payers.

Fees, trials and invoices

Your fees, plan and billing period are those in your order, proposal or invoice. Fees are due by the date on the invoice and exclude taxes unless stated. Where a plan includes allowances, use beyond them is settled as the order or our published rates describe.

A trial lasts for the period we agree. When it ends without a subscription, the Platform stops being available to your Users and your data is kept for a period so that you can subscribe or export it.

If an invoice stays unpaid after we have reminded you, we may suspend the Platform after giving you notice. We will restore it once the account is settled.

The service

We will provide the Platform with reasonable skill and care, keep it secure, and work to keep it available, though we cannot promise it will never be interrupted. Planned maintenance will be kept to quiet hours where we can. We may improve and change the Platform; we will not remove a core feature you rely on without reasonable notice.

Some features use artificial intelligence, such as our website assistant and optional writing help for messages. They can make mistakes, so check what they produce before relying on it.

Our intellectual property

The Platform, its software, design and content (other than Customer Data) belong to TAPP and our licensors. You receive a right to use it for your organisation during your subscription. If you send us suggestions, we may use them without obligation to you.

Confidentiality

Each of us will keep the other's confidential information private and use it only for this agreement, except where it becomes public through no fault of ours, was already known, or must be disclosed by law.

Ending the agreement

Your subscription runs for the period in your order and renews as it describes unless either of us gives notice before the renewal date. Either of us may end the agreement if the other seriously breaks it and does not put it right within 30 days of being told.

When the agreement ends, you can export your data for 30 days. After that we delete Customer Data within 90 days, except where the law requires us to keep it, or copies held in backups until they expire in the normal course.

Responsibility and its limits

Except as these Terms say, the Platform is provided as it is, and we give no other promises, including about fitness for a particular purpose. Nothing here limits responsibility that cannot be limited by law, such as for fraud or for death or personal injury caused by negligence.

Neither of us is responsible to the other for indirect or consequential loss, or for loss of profit, revenue or goodwill. Apart from your duty to pay fees and your responsibilities under the indemnity below, each party's total responsibility under this agreement is limited to the fees you paid us in the 12 months before the event that gave rise to the claim.

You will compensate us for claims brought by others arising from Customer Data you had no right to use or from your breach of the acceptable use rules.

Law and disputes

These Terms are governed by the laws of Barbados, and the courts of Barbados have jurisdiction, though either of us may seek urgent relief elsewhere. Before going to court, we will each try in good faith to settle a dispute by talking to each other.

General

Notices may be sent by email: to us at hello@wavespath.com, and to you at the billing or account email you gave us. Neither of us is responsible for delay caused by events beyond our reasonable control. You may not transfer this agreement without our agreement; we may transfer it to a successor of our business. If part of these Terms is found unenforceable, the rest still applies.

We may update these Terms. We will give you at least 30 days' notice of a change that affects you materially, and if you do not accept it you may end your subscription before it takes effect.