General terms and conditions

General terms and conditions for the Tapkey Products and Services

We, the team of Tapkey, Brucknerstraße 2/6, 1040 Vienna, Austria (“Tapkey”), are pleased to see you being interested in our products and we are confident that our products match your interests perfectly.

To use our products, we have to clarify certain things with you. For example, the rights and responsibilities we owe each other, how long various periods last and many more details. One of them is a privacy policy.

Since it is not possible for us, for technical reasons and due to limited personnel resources, to negotiate the terms of use with each individual who wishes to use the Tapkey products, we have drafted the following general terms and conditions (“T&C”).

Please read the following T&C carefully before you make use of our services. These are our relevant general terms and conditions regarding our apps and our website, and its services, functions, content and applications.

1. Introduction

1.1 Tapkey operates a platform for several producers to lock and unlock access products. Therefore, Tapkey develops, hosts, distributes and produces, or have third party produce, respectively:

• Tapkey mobile apps for Android and iOS (“Apps”);
• Tapkey web admin portal (“Portal”);
• Tapkey trust service (“Trust Service”);
• Tapkey management API (“API”);
• Tapkey lock SDK (“SDK”);
• Various locking/unlocking products and accessories (“Hardware”); and
• Possible future products and services (“Future Products”, and, together with Apps, Portal, Trust Service, API, SDK and Hardware, the “Products”).

Tapkey reserves its right to amend or remove certain Products, if the provisions set forth in 19.1. require a Product to be amended or removed. Provided that such changes do not affect any essential contractual components, Tapkey will not reimburse or compensate users for such changes.

1.2 In order to be able to use the complete spectrum of the Products, Tapkey may provide the User with Owner-Cards for certain Products to register/delete the respective Products (see Section 4, below). However, certain content, including general descriptions of Tapkey can be viewed without registration.

1.3 Tapkey’s goal is to revolutionize the way of locking and unlocking movables and immovables.

1.4 The safety of your movables and immovables is very important to us. ALWAYS consult your insurance company about Tapkey’s effect on your insurance cover. Tapkey is not responsible for your behavior. By accepting these T&C, you confirm that you are solely responsible for your movables and immovables.

2. Validity of the T&C

2.1 Tapkey offers the Products on the basis of these T&C. By installing, using or buying the the Products, the user consents to the validity of these T&C and any agreements incorporated therein by reference.

2.2 Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these T&C.

2.3 These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for Tapkey’s products and services. In particular, the Tapkey online offering will be accessible via the following domains: https://tapkey.com/,
https://my.tapkey.com/ and https://tapkey.io/.

2.4 These T&C shall be valid until cancelled in the currently valid version as of May 23rd, 2019.

2.5 For users in Austria, Germany and the German speaking part of Switzerland, solely the German version of these T&C is binding. In any other region, the English version of this T&C is binding, unless a version in the respective language of such region is available.

3. Subject of the agreement

3.1 Tapkey offers its users the usage of Products pursuant to the provisions of this T&C.

3.2 With regard to certain Products, additional or amended terms of usage and liability may apply. The user will be provided with such terms, if applicable.

3.3 The provision of the Tapkey-technology occurs either

3.3.1 via Tapkey as a single-source supplier, if the Tapkey Hardware will be bought over the Tapkey Online-Channel; or

3.3.2 via Tapkey as an App-Provider, if the Hardware will be bought via one of Tapkey’s partners.

3.4 Tapkey will send newsletters to registered users. By accepting these T&C, the user allows Tapkey to send newsletters about current or future products and services on a regular basis. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from Tapkey.

4. Registration

4.1 In order to be able to use the Tapkey software application (the “Software”), a one-time, free registration is required, which will be subject to the Sections 4 and 5 of this T&C.

4.2 In order to use certain Tapkey Products, the user will be provided with so called “Owner-Card” that especially allows the registration and deletion of Tapkey access devices. The holder of such Owner-Card can access to the respective Takey Product at any time via an active connection to the Tapkey platform.

4.3 Tapkey offers users two options of registering on the Tapkey platform:

4.3.1 The “Owner” registers herself/himself and her/his Product via the provided Owner-Card as an administrator of a locking system, which allows the user to manage the access to such locking system. Unless provided otherwise, any registered locking system is connected to up to three free of charge access licenses (also “Smartphone-User License”); additional licensed may be purchased by the Owner via the App or the online shop;

4.3.2 The “Authorized Person” receives an access license to a certain locking system (“Smartphone Key”), which allows her/him to lock or unlock the respective locking system free of charge. An Authorized Person may have an arbitrary number of Smartphone Keys on its virtual key ring.

4.4 Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with Tapkey. Minors may only register with Tapkey subject to the explicit consent of their parents or legal guardians.

4.5 By registering, the user confirms its knowledge and the unlimited recognition of the content of these T&C.

4.6 Subject at all times to Section 15 hereof, a user can register in one of two ways:

4.6.1 Registration by use of the Tapkey-ID via the Portal or the App: registration form provided on the Tapkey platform:

For purposes of registration, the user shall provide the details requested by the registration form, currently the email address, in future possibly first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary.

4.6.2 Adoption by Tapkey of registration details provided by the user in a social network:

Registration via a social network account requires the user to confirm that the selected details, which the user previously provided on such social media network supported by Tapkey, i.e. currently the email address, in future possibly first name, last name, date of birth, shall be adopted by the Tapkey network.

4.7 Following successful registration, the user can log on to Tapkey by either entering its email address and the chosen password, or the social network login details, respectively.

4.8 Tapkey reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.

5. General terms and conditions for all users

5.1 Fraud protection.

5.1.1 You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at support@tapkey.com of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.

5.1.2 Tapkey will not refund any amounts paid by you to Tapkey before you report an unauthorized or fraudulent use of your account.

5.1.3 Tapkey has the right to close or cancel the account of any registered user in the event of any unauthorized or fraudulent use of the account.

5.2 Tapkey may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.

6. Special Terms and Conditions for Premium Services

6.1 Tapkey plans to provide certain premium services.

6.1.1 Tapkey offers its Hardware products and related software services (Apps, Portal and Trust Service) according to the Tapkey pricing models (“Pricing Plans”). Please see the separate Pricing Plans available on https://shop.tapkey.com/products/smartphone-user-pack. The Pricing Plan is an integrated part of this T&C.

6.2 In order to use the Tapkey Premium Service, you must (i) be a registered user of Tapkey, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Services, by credit card or any other form of payment accepted by Tapkey (the “Subscription”). If you are not a registered user of Tapkey, you must register before you can execute the Subscription.

6.3 Tapkey offers different Premium Services so that you can choose the one that best satisfies your needs. All prices are subject to change at Tapkey’s discretion at any time. Any price changes will be announced on the Tapkey platform.

6.3.1 During the introduction phase ending by 30.06.2017 Tapkey may offer selected premium features and allow use of paid products and paid services temporarily for free – especially the issuing of additional Smartphone Keys which are usually consumed subject to recurring fee. The user accepts that this temporary consumption of products and services shall not affect any claims of the user for any future use of this product in excess of this period of phase.

6.4 Payment.

6.4.1 Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the Premium Services. Once you signed up and paid for the Subscription, the selected Premium Service will be associated with your account.

6.4.2 Payments for the entire term of your Premium Service shall be due immediately upon invoicing. Payment can be made using different online payment systems accepted by Tapkey. If Tapkey is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. Tapkey may deliver invoices and payment reminders to the user by email.

6.5 When your Subscription period expires, your credit card will be charged automatically with the then-current standard subscription price, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time unless you cancel your Subscription, at least one month prior to the expiration of your current Subscription.

6.6 You may cancel your Subscription to Tapkey Premium Service at any time by initiating the cancellation on the Tapkey platform. Unless otherwise provided for in Section 8, Tapkey will not refund previously paid amounts.

6.7 Subject to Section 6.5, for lack of a user’s cancellation of such user’s Subscription, each Subscription period ends only upon expiration of the agreed-upon time period, and regardless of the user’s actual use of the Tapkey Premium Service during such period. Each user can check the length of the current Subscription period by viewing such user’s account information.

6.8 Unless otherwise specified in this Section 6, all other provisions of these General Term and Conditions apply also to the Premium Services.

7. Special Terms and conditions for the Online Store

7.1 This section 7 applies to orders of Products offered in our online shop. To any matters not regulated in this section the remaining provisions of this T&C shall apply.

7.2 By clicking the Button “Buy now” you (the “Buyer”) make a binding offer to purchase the Products being in your shopping cart and accept the T&C. After that, the Buyer receives an automatic order confirmation via email, which solely records the receipt of the order. This shall not constitute an acceptance of the offer. A binding contract shall be achieved upon Tapkey’s expressive acceptance declaration.

7.3 If the ordered Product may not be available in the short term, the Buyer will receive a respective notification. If the ordered Product may be permanently unavailable, no contract shall enter into force and the Buyer will be notified respectively.

7.4 The ordered Products will be delivered to the address announced by the Buyer. The shipping costs disclosed during the ordering process shall be borne by the Buyer. Provided that the Buyer is an entrepreneur, the delivery shall occur on the Buyer’s risk.

7.5 If the Products shall be delivered to a destination outside the European Union, certain tariffs may apply and shall be borne by the Buyer. The Buyer shall inform herself/himself about such tariffs. Tapkey has no influence on tariffs.

7.6 All prices disclosed in the online shop are in EUR, including the applicable VAT. Shipping and packing costs are disclosed separately.

7.7 At the end of the ordering process, the payment means offered by Tapkey are disclosed and may be chosen by the Buyer. Tapkey reserves its right to limit the offered payment means on a case-by-case basis.

7.8 The Buyer hereby expressly consents to the transfer of her/his payment information to the respective payment service provider for payment execution purposes.

7.9 The delivered Products shall remain in Tapkey’s property until Tapkey’s receipt of the full purchase price, including shipping and packing costs.

7.10 In case of the Buyer’s default of payment, Tapkey is entitled to charge 12% interest. Tapkey’s right to claim contractual damages shall remain unaffected by the preceding sentence. Furthermore, the Buyer shall be obliged to compensate any costs in connection with the dunning procedure.

7.11 Any potential reimbursement occurs via the payment method used by the Buyer for his order.

7.12 Any claims for warranty shall be addressed to the address set forth in 11.2. The receipt of such claims does not constitute any acceptance by Tapkey. For consumers, the mandatory warranty rules, including, but not limited to, the warranty period of 2 years upon receipt of the Products, shall apply. For entrepreneurs, the warrants period shall be limited to 12 months upon receipt of the Products.

8. Assignment and Withdrawal of Access Licenses

8.1 Mobiles Key sent to smartphones will expire within 7 days. Upon 4 days from sending a Smartphone Key to a user’s smartphone, Tapkey will commence to extent the key’s validity of the key. Tapkey reserves its right to amend the validity and update period of Smartphone Keys at its own discretion. The user shall ensure a regular connection of authorized smartphones with the internet to update the access license. If the respective smartphone has no internet connection within the update period, the Smartphone Key will expire upon the end of the validity period until the next connection to the internet and the renewal of the Smartphone Key via Tapkey Trust Service. A periodically internet connection of Key-fobs is not required. The access license and validity period of Smartphone Keys can be monitored via the App.

8.2 Withdrawal of Access Licenses: Currently Tapkey locking systems are not independently connected to the internet. In the case of a withdrawal of an access license, the respective smartphone or key-fob will be able to lock/unlock the respective locking system until the expiry of the validity period (i.e. 7 days or at the end of the assigned authorization period), unless the user updates the blacklist of such locking system.

8.3 An updated version of the blacklist will be generated by Tapkey automatically. The transfer of the blacklist to the respective locking system may occur in two ways:

8.3.1 Upon the withdrawal of an authorization, an updated version of the blacklist will be send by best effort to all authorized smartphones, or a selective number of smartphones, respectively. Each of such smartphones will transfer the blacklist to the locking system automatically at the next locking process;

8.3.2 The locking system may be connected to and synchronized with the Tapkey Trust Service, whereas the update of the blacklist occurs within the synchronization process.

8.4 An Owner may monitor the actuality of the blacklist via the App. Via the menu option “Maintenance”, the Owner may also monitor the actuality of the authority information of the connected locking system.

8.5 Owner’s Duty: The Owner is responsible for the verification of the effectiveness of the withdrawal of an authorization and may perform a manual synchronization, as the case may be.

9. Forfeiture of Support Services

9.1 The user shall be excluded from official support services and only receive best effort-support, if:

9.1.1 the user uses a rooted smartphone or a smartphone running an operating system not authorized by the smartphone producer;

9.1.2 the usage of Tapkey is disrupted by malware due to insufficient safeguards; or

9.1.3 the user uses an operating system that deviates more than two main versions from the then current operating system (e.g. Android 5.x instead of Android 7.x).

10. Termination

10.1 Each user shall have the right to terminate the use of Tapkey online platform at any time via its account settings. Tapkey shall confirm such termination vis-a-vis the user.

10.2 Additionally, Tapkey reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user‘s obligations.

10.3 As a result of any termination pursuant to this Section 10 or cancellation pursuant to Section 11 hereof,

10.3.1 all personal details provided by the user upon registration shall be deactivated and saved in compliance with statutory retention periods, or deleted, respectively;

10.3.2 upon the user’s request, all saved personal details not required for Tapkey’s performance of contractual obligations or mandatorily saved due to statutory retention obligations shall be irrevocably deleted. The user shall request such deletion by email sent to support@tapkey.com, which shall include the email address provided to Tapkey upon registration.

11. Special cancellation right for consumers

11.1 If you as a user are registered on the Tapkey platform or ordered items via the Tapkey online shop for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz; KSchG):

11.2 You may cancel your agreement with Tapkey in writing, e.g., by letter, fax or email, within 14 days from the later of the date (i) on which the agreement was entered into and (ii) of receipt of any physical products you may have ordered, in each case without stating any reasons. You can cancel the agreement by sending your notification to:

Tapkey GmbH
Brucknerstraße 2/6, 1040 Vienna, Austria
Email: support@tapkey.com

11.3 In the event of cancellation, any benefits received by one party from the other must be returned, and any economic advantages gained must be repaid. If you are not able to return the services rendered to Tapkey in full or in part, you are obligated to reimburse Tapkey for the value lost. This may mean that you are required to fulfill your payment obligations until cancellation has become effective. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we receive it.

11.4 The exercise of your cancellation right pursuant to this section 11 may occur via the following cancellation form:

(If you wish to cancel the agreement, please fill in and return the form below.)

To Tapkey GmbH, Brucknerstraße 2/6, 1040 Vienna, Austria, E-Mail support@tapkey.com:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

_

(*) Delete as appropriate.

11.5 In case of a return delivery, the Buyer shall return the goods in full and suitable for shipping. The costs for a return delivery shall be borne by the Buyer.

11.6 The Buyer is only liable for any diminished value of the goods resulting from the handling other than necessary to establish the nature, characteristics and functioning of the goods.

11.7 The special cancellation right shall be excluded for:

11.7.1 contracts concerning the delivery of not prefabricated goods, or goods which fabrication is subject to the Buyer’s customized choice or determination, or goods that are clearly customized for the Buyer’s requirements;

11.7.2 services that have been fully performed by Tapkey, provided that the user noticed and explicitly agreed that Tapkey may commence the performance of the service and the user will lose its cancellation right upon full performance of the service; and

11.7.3 contracts concerning the delivery of goods that have been mixed with goods of different quality based on the nature of the respective goods.

12. User Obligations and Conduct

12.1 Each user of the Tapkey platform must

12.1.1 truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties;

12.1.2 not carry out any disrupting interferences in the Tapkey network by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/Trojans, denial of service attempts and other disrupting attempts regarding Tapkey’s software or hardware;

12.1.3 not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;

12.1.4 provide prompt notice via email to support@tapkey.com of any detected breaches of the aforementioned obligations;

12.1.5 diligently care for the personal details and Owner-Card and not allow unauthorized persons access to its own details, or Owner-Card, respectively;

12.1.6 regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. Tapkey shall not be responsible for any lost or impaired details;

12.1.7 perform the updates for firmware, Apps and other Products provided by Tapkey;

12.1.8 always provide for an alternative way to access or exit movables and immovables locked by Tapkey;

12.1.9 not lock essential or vital movables or immovables or movables/immovables with exceedingly great value (e.g. drugs, defibrillators, hospitals, safes) by using Tapkey;

12.1.10 provide that the access for emergency personnel and rescue teams in case of an emergency shall not be impeded compared to customary locking systems;

12.1.11 prevent that any person may be held against her/his will in a movable or immovable locked by Tapkey; and

12.1.12 to do her/his best to prevent the unauthorized access to a smartphone, personal computer, Mac, etc. connected to the Tapkey platform.

12.2 The user is hereby advised always to provide for a NFC-transponder (if the locking system supports NFC-technology) connected to the locking system for cases where the Tapkey platform is not available or the hardware connected to the locking system shows any defects.

12.3 Furthermore, the user is advised to assign the access licenses in a way that allows the transfer of the required Smartphone Key to the respective recipient in good time.

12.4 If a battery-powered Tapkey locking system is used, the user shall regularly check the battery level and provide for a sufficient power supply, e.g. watch out for and react on the low-battery notification.

13. Breach of User Obligations

13.1 In order to ensure the proper and reliable provision of services, Tapkey reserves its right to, temporarily or ultimately, block a user or the respective Products.

13.2 The type of sanction shall depend on the purpose, impact and type of the breach in light of Tapkey’s and the user’s interests.

13.3 In the event a user account shall be cancelled in accordance with this Section 13, the respective user shall not be permitted to register again.

14. Content

14.1 Tapkey permits its registered users to use the offered portfolio of products and services in accordance with statutory law and these T&C, in order to save, distribute, transmit and share content.

14.2 The user consents that as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.

14.3 The user consents that marketing measures may also be taken in the proximity of content created by such user.

14.4 Tapkey shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to

14.4.1 comply with statutory law, or court or administrative orders;

14.4.2 ensure compliance with these T&C;

14.4.3 react to claims of breaches of law raised by third parties; or

14.4.4 safeguard the rights, property or personal safety of Tapkey, its users and the general public.

14.5 The user grants Tapkey the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Tapkey shall have the right to use, irrespective of the type of usage, all content both as part of the Tapkey platform and any other activity of Tapkey or any company affiliated with Tapkey. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that Tapkey uses content created by a user outside the Tapkey platform, Tapkey shall note that such content was created by the user.

14.6 Tapkey does not claim ownership of any content created by users and will not supervise such content.

14.7 Tapkey reserves the right to delete content created by users without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned in accordance with Section 10.

14.8 Tapkey shall not be responsible for inaccurate content created by users.

15. Privacy Policy

Please see the separate Privacy Policy available on https://tapkey.io/en/privacy-policy/. The Privacy Policy is an integrated part of this T&C.

16. Representation and Warranties

16.1 Tapkey does not represent or warrant that the Tapkey platform will be available at all times, or that it and the necessary hardware and software will be completely free from errors.

16.2 Tapkey does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.

16.3 Tapkey shall not be liable for any potential negative influence of the usage of Tapkey on the user’s insurance cover.

16.4 The user uses the Tapkey offering exclusively at its own risk. This applies, without limitation, to

16.4.1 the related use of any hardware, including, but not limited to, (i) the respective smartphone, (ii) PC/MAC, (iii) smartphone dongles, und (iv) the NFC-transponder;

16.4.2 downloading of the user’s own and third party content; and

16.4.3 any use by the user of data created or provided by Tapkey. The user explicitly acknowledges that any such data or content may contain errors, and Tapkey does not, to the extent permitted by law, assume any responsibility for the correctness of such data.

16.5 Additionally, Tapkey does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. Tapkey does not make any representations or warranties with respect to products or services of third party providers, including without limitation, locking systems not produced or distributed by Tapkey.

17. Limitation of Liablility

17.1 Tapkey shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if Tapkey has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Tapkey shall not be liable to other businesses and shall be liable to consumers only for personal damages. Tapkey shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.

17.2 Unless required by statutory law, neither Tapkey nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online platform or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.

17.3 Tapkey assumes no liability for downloaded material or material obtained as a consequence of using the Tapkey platform. The Registered User is solely responsible for any damages caused by such materials to his computer system or for information that is lost as a consequence of downloading materials from the Tapkey platform.

17.4 The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that Tapkey will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.

18. Indemnification by Users

18.1 The user shall indemnify Tapkey for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the Tapkey platform by such user or as a result of any other usage by such user of applications available from Tapkey. This indemnification shall also apply to claims raised by another user. The user shall bear the costs of any legal proceedings, in which Tapkey may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.

18.2 In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Tapkey all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Tapkey may be entitled to bring against the user shall not be affected.

19. Changes to the T&C

19.1 Tapkey reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, for customer service-reasons, or to comply with judicial or administrative measures. At any time, the then-current version of these T&C is available for viewing on the Tapkey platform and under the menu option “About” in the App.

19.2 Changes to these T&C, other than changes to Section 3 or 19.6 require the consent of the respective user, to whom the changed T&C shall apply. If Tapkey intends to implement such changes to these T&C, Tapkey will give the user as much prior notice of such changes as possible. Such notice shall be made (i) via email to the email address the user previously supplied, (ii) on the relevant pages of the Tapkey platform, or (iii) on any other device through which the user accesses the Tapkey services. We may invite the user to accept the new T&C by clicking “yes” or “I accept”, checking a “tick box” or any other similar method of confirmation. Any such modifications will take effect within thirty days of publication or by installing the App, respectively.

19.3 Following amendment of the T&C, provided that the user did not accept the new T&C, the continued use of Tapkey’s offering following the notification or, as the case may be, expiration of such thirty days-period, by any registered user shall be deemed user’s consent to the amended T&C.

19.4 In case the user objects to the amended T&C or does not accept the amended T&C within the thirty days-period without continuously using the Products, Tapkey may, taking into account the respective user’s interests, cancel the respective user contract and delete the respective user’s account if Tapkey finds a continuation of the respective contract subject to the old T&C is impossible or unreasonable.

19.5 Minor changes not affecting the purpose of the user contract, do not require the user’s explicit consent. If Tapkey intends to implement such minor changes to these T&C, Tapkey will give the user 30 days prior notice of such changes to the T&C and the effective date via email to the email address the user previously supplied during the registration process. The continued use of Tapkey’s products following the notification by any registered user shall be deemed user’s consent to the amended T&C.

19.6 Subject to Section 19, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.

20. Miscellaneous

20.1 In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.

20.2 Governing Law and Jurisdiction.

20.2.1 These T&C and all contractual relations and litigation between the users and Tapkey shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.

20.2.2 Place of delivery and exclusive court of jurisdiction shall be Vienna, Austria. This 20.2.2. shall not apply towards consumers (Verbraucher) within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz).