General Terms and Conditions (GTC) of Taptasy

As of: October 11, 2025

1. Scope and Provider

1.1 These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded via the Taptasy website (hereinafter "Website") between

Vladislav Kuschew Einzelunternehmen

Bergmann-Michel-Str. 15

33100 Paderborn

Germany

(hereinafter "Provider" or "we")

and the customers (hereinafter "Customer" or "you").

1.2 Deviating conditions of the Customer will not be recognized unless the Provider expressly agrees to their validity in writing.

1.3 These GTC apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 German Civil Code - BGB). An entrepreneur is a natural or legal person or a legal partnership acting in the exercise of their commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).

2. Contact Information

You can reach us for questions, complaints, and grievances by email at: support@taptasy.com

3. Service Description and Scope of Service

3.1 The Provider offers an online service (Software-as-a-Service, SaaS) via the Taptasy website, which allows Customers to upload images, crop individual areas in an editor, and assign interactive actions (e.g., affiliate links) to these areas. The edited images can then be exported and embedded on external blogs or websites.

3.2 Uploaded images and edits created in the editor are managed in "Projects." A project can include multiple images. After uploading an image, an embedding is generated, enabling the selection of individual areas by clicking.

3.3 Edited images can be exported by downloading an SVG file or copying the code to the clipboard. It is the Customer's responsibility to observe the rules and technical possibilities of the respective website or blog operator for embedding. Changes to the image or assigned actions after export require a new export and re-embedding.

3.4 Uploaded images and created projects are only visible to the respective Customer.

3.5 Service Limitations: The Provider does not guarantee that every image format or every uploaded image can be edited without errors, or that the embedding will be generated correctly for every image.

4. Registration and Conclusion of Contract

4.1 Registration on the Website is required to use the service. Registration can be done directly via the Website or through external service providers using Auth0 for this purpose.

4.2 The contract text is not separately stored by the Provider and is no longer accessible to the Customer via the Website after the conclusion of the contract. The Customer should save and/or print the GTC before concluding the contract.

5. Initial Launch Phase

5.1 The service starts with an initial launch phase. During this launch phase, the Provider limits each user to a maximum of 20 uploads (images) per month.

5.2 The Provider reserves the right to end the launch phase at any time and to switch to a subscription model.

5.3 The Provider reserves the right to adjust the limits of new registrations and uploads or credits to ensure service quality.

5.4 The Provider reserves the right to adjust the scope of service at any time.

5.5 Unused uploads or credits from one month do not carry over to the next month. Each monthly cycle provides a new allocation of uploads or credits.

5.4 The Provider reserves the right to end or pause the service at any time.

6. Usage Rights, Responsibility for Content, and Data Storage

6.1 The Customer grants the Provider the non-exclusive and transferable usage rights to the uploaded images and the resulting projects necessary for providing the service. This particularly includes the right to store, process, and technically transmit the data.

6.2 The Customer is solely responsible for the content (images, affiliate links, etc.) that they upload and process via the Taptasy platform. It is prohibited to upload or process content that:

  • is illegal or violates applicable law (e.g., no pornographic, glorifying violence, or discriminatory content).
  • infringes copyrights, trademark rights, or other intellectual property rights of third parties.
  • is offensive, defamatory, or otherwise harmful.

6.3 The Customer shall indemnify the Provider from all third-party claims arising from a violation of third-party rights due to content uploaded by the Customer or the use of the service contrary to these GTC. This also includes the costs of necessary legal defense.

6.4 The images uploaded by the Customer and the generated embeddings are stored in Azure Blob Storage and retrieved from there for the service.

6.5 The Provider explicitly points out that it does not create backups of the images and projects uploaded by the Customer. The Customer is solely responsible for backing up their data using the export function. Exported data cannot be re-imported into the original format or restored to the platform.

6.6 After termination of a paid package or expiration of the trial period, the Customer's projects and images will remain on the platform for a grace period of 14 days. After this period, the Provider is entitled, but not obligated, to irrevocably delete the data. If the Customer wishes their data to be 100% deleted within the grace period or thereafter, they must send an email to support@taptasy.com or use the deletion feature in their account settings.

7. Termination by the Customer

7.1 Termination can be done through the settings in the customer account.

8. Termination, Suspension, and Deletion by the Provider

8.1 The Provider is entitled to terminate subscriptions on its own initiative with a notice period of 14 days to the end of the month, unless there is an important reason within the meaning of Clause 8.2.

8.2 The Provider is entitled to immediately suspend the Customer's access to the service and terminate the user relationship without notice if the Customer violates these GTC or applicable law. This applies in particular to violations of the provisions in Clause 6.2 (Responsibility for Content).

8.3 In the event of suspension or immediate termination according to Clause 8.2, or if the data originates from a free trial subscription, the Provider is entitled to irrevocably delete all data and projects uploaded by the Customer. In this case, the Customer has no right to restore the data.

9. Changes to the Service or GTC

9.1 The Provider reserves the right to change the offered service or these GTC, insofar as this is reasonable for the Customer and does not affect essential contractual components (e.g., main performance obligations).

9.2 Changes to the service or the GTC will be announced on the Taptasy website. Continued use of the service after the changes come into effect constitutes agreement to the amended terms.

10. Availability and Liability

10.1 The Provider strives to provide the service continuously and without interruption. However, uninterrupted availability is not guaranteed, especially in the event of technical malfunctions, maintenance work, server failures, failures of the calculation processes necessary for embeddings, or force majeure. Short-term interruptions are possible and do not give rise to claims for reduction, refund, or damages.

10.2 The Provider's liability for slight negligence, regardless of the legal basis, is excluded. This does not apply to the violation of essential contractual obligations (cardinal obligations), i.e., those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer can regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.

10.3 Liability for damages resulting from injury to life, body, or health, for fraudulently concealed defects, and under the Product Liability Act remains unaffected by the foregoing limitations of liability.

10.4 The Provider assumes no liability for the accuracy, completeness, or timeliness of the content uploaded by the Customer or the external links (e.g., affiliate links) generated through the use of the service.

11. Data Protection

11.1 Information on the collection, processing, and use of personal data of the Customer is contained in the Provider's Data Privacy Policy, which can be accessed at any time on the Taptasy website under Data Privacy Policy. The Data Privacy Policy is an integral part of these GTC.

12. Service Discontinuation

12.1 The Provider reserves the right to discontinue the Taptasy service permanently due to economic reasons, lack of profitability, or other compelling business circumstances.

12.2 In the event of service discontinuation, the Provider will notify Customers at least 30 days in advance via email and through a prominent notice on the Website.

12.3 Upon service discontinuation:

  • All Customer data, projects, and uploaded images will be  irrevocably deleted  on the announced termination date.
  • Customers are responsible for exporting and backing up their data before the termination date using the available export functions.
  • No refunds will be provided for unused portions of paid subscription periods, unless otherwise required by applicable consumer protection laws.
  • The Provider is not obligated to provide alternative solutions or data migration services.

12.4 The Provider shall not be liable for any damages, losses, or inconveniences arising from the discontinuation of the service, provided that such discontinuation is announced with the required notice period.

13. Automatic Renewal and Billing

13.1 Paid monthly subscriptions renew automatically at the end of each billing period unless cancelled before the period ends.

13.2 Changes to prices or package scope take effect from the next billing period after notification according to Clause 5.6.

14. Right of Withdrawal for Consumers (EU)

14.1 If you are a consumer within the meaning of § 13 BGB, you have a statutory right to withdraw from paid contracts within 14 days without giving reasons.

14.2 Exception: For digital services that begin immediately, the right of withdrawal expires if you explicitly consent to the start of performance before the withdrawal period ends and you acknowledge that you thereby lose your right of withdrawal.

14.3 To exercise the right of withdrawal, you must inform us via email at support@taptasy.com with a clear statement.

15. Contract Language and Jurisdiction

15.1 Contract language is English; German translations may be provided for convenience. In case of discrepancies, the English version prevails.

15.2 If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships is Paderborn, Germany. Mandatory consumer venue rules remain unaffected.

16. Feedback and References

By submitting suggestions or feedback, you grant the Provider a non-exclusive, transferable, royalty-free license to use such feedback for product improvement. The Provider may use your company name and logo as a reference customer unless you object.

17. Final Provisions

17.1 Contracts between the Provider and the Customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions limiting the choice of law and the applicability of mandatory regulations, particularly of the state in which the Customer, as a consumer, has their habitual residence, remain unaffected.

17.2 Should individual provisions of these GTC be or become wholly or partially ineffective, the validity of the remaining provisions shall not be affected thereby. The ineffective provision shall be replaced by the statutory provisions.