Terms of Service
The following Terms of Service (hereinafter referred to as "Terms of Service") apply to the business activities of Slimpeak AG, Seestrasse 41, 8800 Thalwil, Switzerland (hereinafter referred to as "Slimpeak", "us", or "we") in connection with the use of our "Tapkeen" platform on the website https://www.tapkeen.com (hereinafter referred to as "Website") and the services we offer, including the Tapkeen Android application and the Tapkeen iOS application (hereinafter referred to as "Tapkeen" or "Platform"), which can be downloaded from the Google Play Store (for Android) and the Apple App Store (for iOS).
To create a user account or otherwise use our services, you must be at least 18 years old or have reached the age of majority in your country of residence. By using Tapkeen, you agree to these Terms of Service and the other policies we publish, including the Data Privacy Policy, Community Guidelines, and Security Guidelines, which form an integral part of these Terms of Service, and confirm that you are at least 18 years old or have reached the age of majority in your country of residence.
Please read these Terms of Service and our guidelines carefully before using them. If you have any questions, you can contact us at any time at the following email address: info@tapkeen.com.
If you want to use Tapkeen, you must register for a user account. Registration is free of charge. You are responsible for ensuring that the personal data required for registration is truthful and complete. You are obliged to treat your personal access data confidentially and not to make it accessible to unauthorized third parties. You must keep your information up to date if it changes.
You are responsible for everything that happens when someone is logged into your account, as well as for the security of your user account. Please contact us if you believe your user account has been compromised. You can learn more about security in our security guidelines.
Slimpeak promises to keep your personal info private and not share it with anyone who isn't allowed to see it. For more info on privacy, how we handle personal info, who we share it with, and what rights you have, check out our Data Privacy Policy.
Each user is only entitled to create one user account. The creation of multiple accounts and other forms of misuse of the platform are prohibited. We reserve the right to delete multiple applications and to warn, block, or delete or change the content of registered users who violate these Terms of Service.
It is prohibited to publish racist, pornographic, otherwise immoral content or content that violates applicable law on Tapkeen. In this regard, please refer to our Community Guidelines, which form an integral part of these Terms of Service. Slimpeak reserves the right to delete inappropriate, immoral, illegal, or otherwise harmful content on Tapkeen, to block users, and to report illegal content to the authorities.
The user can top up their credit in the form of points (hereinafter referred to as "Keencoins") at any time by paying a freely determined amount of money in the currency provided by the payment provider and selected by the user (see point 5) at the current exchange rate. The exchange rate for converting currency into Keencoins is specified on Tapkeen and is determined solely and at the discretion of Slimpeak.
Payment must be made using the payment methods displayed on the website or during the transaction process (such as Stripe or in-app purchase). These may change from time to time and vary from country to country. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us (e.g., to hedge our credit risk, only those corresponding to the respective credit rating). Slimpeak is expressly authorized by the user to carry out credit checks at its own discretion and, if necessary, to pass on user data to third parties for this purpose.
By selecting the payment method, the user authorizes payment either by entering their credit card details or the login details of a payment service provider. The user authorizes Slimpeak to collect or deduct payments in the appropriate manner. In the event of chargebacks, Slimpeak is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Slimpeak is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your purchase transaction.
When paying by credit card or an alternative payment method (where applicable), we reserve the right to verify the validity of the credit card, check the availability parameters for collection and address details, and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If payment is declined, Slimpeak reserves the right to cancel the purchase.
The user can use the credit for content selected by him alone as fixed or individual Keencoins stakes. The Keencoins stakes made by the user are credited to the content creator of the selected content without deduction.
The content creator can have the Keencoins credit balance generated from content paid out to a bank account at any time via SEPA or SWIFT transfer in the local currency provided, minus a commission of 20 percent determined by Slimpeak. The exchange rate for converting Keencoins into cash currency is determined by Slimpeak and corresponds to that specified on Tapkeen. The minimum amount for payouts is 5,000 Keencoins. The maximum amount for payouts is 480,000 Keencoins. Slimpeak will review payouts in Keencoins immediately upon receipt of a request and credit them to the bank account in accordance with these Terms of Service.
Slimpeak reserves the right to adjust the commission, the Keencoin exchange rate, and the minimum and maximum amounts for Keencoin payouts at any time and at its own discretion.
In order for the owner to receive a payout via bank transfer to their account, valid bank details and successful verification/identification by means of a valid ID document (such as a passport or identity card) are required. Transfers that are not SEPA-compliant are commissioned by Slimpeak as SWIFT transfers with BEN (beneficiary pays costs).
You can permanently delete your user account at any time by going to "Settings" in the app navigation menu, then to "Account settings" and clicking on "Delete my account", or by contacting us at support@tapkeen.com and requesting that your account be deleted.
We would like to point out that we retain certain information about you, including personal data, if this is required by law or necessary for our legitimate business purposes (e.g., to preserve evidence for the establishment or defense of possible legal claims). These provisions apply beyond the termination of your account deletion, including our rights with respect to content that you have already published on Tapkeen (e.g., if you have created a post, it will not be automatically removed from the feed when you delete your account).
The Slimpeak team regularly reviews the content and posts on Tapkeen to ensure that they comply with our Terms of Service and guidelines and that the security of our platform and users is guaranteed. If there is reasonable suspicion of a possible violation, we will issue a warning to the person responsible and reserve the right to exclude them from using Tapkeen, terminate their account, or block it with immediate effect. We also expressly point out that, depending on the violation (e.g., in the case of suspected money laundering, depending on how the money is earned on Tapkeen or where it comes from), the investigation may also include activities outside of Tapkeen and, if necessary, may involve reporting the matter to and consulting with law enforcement authorities.
If you suspect any possible violations of our Terms of Service and guidelines, please report them to us at info@tapkeen.com.
Slimpeak is entitled to engage auxiliary persons to fulfill its obligations and shall ensure that such engagement complies with applicable law.
The information, texts, or other content published on Tapkeen (hereinafter referred to as "content") is the property of the respective content creator, user, or rights holder (hereinafter referred to as "rights holder"). Reproduction, editing, distribution, or any other form of exploitation is not permitted and requires the prior written consent of the respective rights holder. If the rights holder uses content to which third parties have property rights, they must ensure and guarantee that no third-party property rights are infringed (see section 15).
In order for Slimpeak to effectively operate Tapkeen's services, Slimpeak requires the appropriate license rights from the respective rights holder. By making content available on Tapkeen or otherwise posting it on Tapkeen, you hereby grant us an unrestricted, free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide right to use, copy, reproduce, store, translate, transmit, distribute, perform, prepare derivative works, publicly display, and display in connection with a username, voice, or likeness provided in connection therewith or otherwise made available, in all formats and channels now known worldwide or later developed.
All rights to Slimpeak's products, services, and any trademarks belong to Slimpeak or it is authorized by the owner to use them. Neither these Terms of Service nor any associated individual agreements involve the transfer of any intellectual property rights from Slimpeak, unless this is explicitly stated. In addition, any further use, publication, or disclosure of information, images, videos, texts, or other material that the user receives in connection with these provisions is prohibited unless Slimpeak has given its written consent.
In order to comply with our tax obligations, we collect tax identification information and report this information and income to the tax authorities under certain circumstances and to the extent required by law. Each user and content creator is responsible for reporting all income, withholding tax, or other taxes payable on money earned on Tapkeen. Slimpeak expressly excludes any liability in this regard.
We have integrated various links to third-party websites (e.g., Facebook, YouTube, Instagram, LinkedIn, etc.) on Tapkeen and our websites. Please note that when you click on a link to a third-party website or application, you will be redirected to a website that we do not control, and our Terms of Service, guidelines, and data privacy policy no longer apply, and for which we exclude any responsibility and liability. Your browsing and interaction on another website is subject to the Terms of Service and data privacy policy and notices of these third-party websites. Furthermore, we cannot guarantee the accuracy and timeliness of these links.
We recommend that you carefully read the Terms of Service and data privacy policies and notices of other websites before using them and submitting personal data via these websites. We exclude any responsibility and liability for the use, information content, and your security on such third-party websites.
Slimpeak may process and use the personal data collected in connection with the conclusion of the contract for the intended use and to fulfill the obligations arising from these Terms of Service and our guidelines. Slimpeak shall take the technical and organizational measures necessary to ensure the appropriate security of personal data in accordance with legal requirements. The user fully agrees to the storage and contractual use of their personal data by Slimpeak and is aware that Slimpeak is obliged and entitled to disclose personal data of users to courts or authorities upon request. The personal data necessary for the performance of services may also be passed on to commissioned service partners or other third parties. Further information on the processing of your personal data, to whom we pass it on, and what your rights are can be found in our privacy policy.
By uploading user-generated content, you warrant and represent that: (a) you are the owner of all rights to the user-generated content, including, without limitation, the text, images, and performance contained in each piece of user-generated content; (b) you are the person depicted in the content you have created, or, alternatively, that you have obtained the express authorization of each person featured in the content you have created to grant us the rights described in these terms and conditions, and that you can provide us with written copies of these authorizations upon request; (c) the content you generate has been legally acquired and created; (d) the content you generate does not infringe any intellectual property, privacy, publicity, or other rights of any third party; and (e) the content you generate does not violate any applicable laws, regulations, or these Terms of Service.
By uploading user-generated content or otherwise using Tapkeen (hereinafter referred to as "Use"), you warrant and agree to indemnify and hold harmless Slimpeak, its affiliates, third-party providers, their officers and agents of each of these companies (hereinafter referred to as the "Indemnified Parties") from and against any and all claims, damages, liabilities, expenses (including reasonable attorneys' fees and court costs), and other causes of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of your use of Tapkeen or any violation of these Terms of Service, to the fullest extent permitted by applicable law.
Tapkeen is provided "as is" and without any warranty or guarantee. Any warranty or guarantee of merchantability, fitness for a particular purpose, non-infringement of third-party rights, and any other warranty, whether express or implied, is excluded to the fullest extent permitted by law. The warranty and guarantee exclusions under this clause also apply to our affiliated companies and third-party service providers.
Slimpeak shall be liable for proven damages caused by unlawful intent or gross negligence in the event of a breach of its own obligations under these Terms of Service and the contractual relationships based thereon. Liability for slight and moderate negligence as well as for indirect and consequential damages, whether based on a contract, tort, or any other reason, is expressly excluded. Indirect damages include, for example, lost profits, financial losses, damage to reputation, damage caused by computer viruses, or data loss due to temporary impairments or interruptions in the availability of Slimpeak's services. Furthermore, Slimpeak accepts no contractual or non-contractual liability for damages caused by auxiliary persons who are called upon to provide the service.
The above exclusions and limitations of liability do not apply in the case of mandatory statutory provisions.
Subject to the foregoing, the total liability under these Terms of Service, regardless of the cause and to the extent permitted by law, shall be limited to the amount of money you earned through your use of Tapkeen in the relevant year.
If Slimpeak, its auxiliary persons, or third parties involved are unable to fulfill their obligations in a timely manner due to force majeure, i.e., events beyond Slimpeak's control (such as official orders and measures, cyberattacks, natural disasters, epidemics or pandemics, wars, unrest, sabotage, or strikes) that significantly impede or prevent the performance of services, Slimpeak shall notify the affected users of the nature of the event in question and its expected duration as soon as possible in an appropriate form (e.g., in writing or electronically). In this case, Slimpeak shall be entitled to postpone the performance of its services for the duration of the hindrance and a reasonable start-up period, but shall resume performance immediately upon cessation of the event in question. If the force majeure lasts longer than 30 days, Slimpeak may withdraw from the contract. Any payments already made by users to Slimpeak for services that Slimpeak has failed to provide as a result of the event will be refunded in full by Slimpeak. Any further claims, in particular claims for damages as a result of force majeure, are excluded.
The user must treat all information submitted or acquired in connection with the services and which is of a confidential nature as confidential. This obligation shall remain in force even after termination of the contract.
Should any provision of these Terms of Service be or become unlawful, invalid, or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the provision and the intent of the parties at the time the contract was concluded. The same applies to any gaps in these Terms of Service.
None of the provisions in these Terms of Service shall be construed as excluding or limiting the mandatory statutory rights of the user as a consumer.
We place great importance on the satisfaction of our users. If you have any suggestions or complaints about our services, you can contact us at any time by email at info@tapkeen.com. We will endeavor to review your inquiries as quickly as possible and will contact you once the review has been completed.
The parties shall endeavor to resolve any differences of opinion or disputes amicably before taking legal action. In the unfortunate event that legal action is taken, these Terms of Service, the contractual relationships based on them, and any disputes shall be governed exclusively by Swiss substantive law, excluding conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the registered office of Slimpeak or the user's place of residence. For legal entities, the place of jurisdiction is exclusively the registered office of Slimpeak.
Slimpeak may modify or discontinue the Services and its terms and policies at any time at its sole discretion. This may result in us making changes to these Terms of Service to accurately and precisely reflect our Service and policies. Unless otherwise required by law, we will notify you at least 30 days in advance (e.g., via Tapkeen / email) before the changes to these Terms of Service take effect. You will have the opportunity to review them before they take effect. By continuing to use the service, you accept the updated Terms of Service. If you do not wish to agree to these or any updated Terms of Service, you can delete your user account at any time.
The Terms of Service published on Tapkeen apply.
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