Terms of Service and Privacy Policy for TapTrade

1.1 Age Restrictions

Access to and use of the App is strictly limited to individuals who are eighteen (18) years of age or older and possess the legal capacity to enter into binding contracts.

By creating an account or using the App, the User represents and warrants that they meet this age requirement.

The App is not directed to, nor intended for use by, children under the age of thirteen (13).

Consistent with the requirements of the U.S. Children's Online Privacy Protection Act (COPPA), We do not knowingly collect personal information from children under 13. If We become aware that personal information has been collected from a child under 13 without verifiable parental consent, We will take steps to delete that information promptly.

Furthermore, compliance with age-related requirements under other applicable data protection laws, such as the General Data Protection Regulation (GDPR) regarding the age of consent for information society services (typically 16, or as low as 13 if permitted by EU Member State law) and the California Consumer Privacy Act (CCPA) regarding minors (opt-in consent required for sale/sharing of data for users aged 13-16) , is maintained by enforcing the minimum age requirement of 18 for use of this App.

1.2 Account Creation

To access and use the App's features, Users must register for an account.

The registration process requires providing certain personal information, which may include the User's full name, email address, phone number, physical address, gender, and age [User Query].

1.3 Accuracy of Information

Users agree to provide true, accurate, current, and complete information during the registration process and to update such information promptly should it change.

Providing false or misleading information is a violation of these Terms and may result in account suspension or termination.

1.4 Account Security

Users are solely responsible for maintaining the confidentiality of their account login credentials (username and password) and for restricting access to their device.

Users accept full responsibility for all activities that occur under their account, whether or not authorized by them.

Users agree to immediately notify Us of any suspected or actual unauthorized use of their account or password, or any other breach of security.

Users should ensure they log out from their account at the end of each session, particularly when using shared or public devices.

1.5 No Background Checks or Identity Verification Disclaimer

Users acknowledge and agree that We do not conduct background checks, verify the identity, or screen any User of the App.

We do not guarantee the accuracy of information provided by Users or endorse any User.

Users are solely responsible for their interactions with other Users and should exercise caution and good judgment.

This explicit disclaimer serves to manage User expectations regarding the safety of interactions facilitated by the platform and limits Our potential liability should issues arise from interactions between Users who may have misrepresented themselves.

While some platforms may offer verification , this App does not undertake such obligations due to the associated complexities and potential liabilities.

This places a greater emphasis on the importance of adhering to conduct rules, utilizing reporting mechanisms, and heeding safety warnings provided within these Terms.

2.1 Introduction

We are committed to protecting User privacy.

This Privacy Policy explains Our practices regarding the collection, use, disclosure, and protection of Personal Data when Users access and use the App.

It aims to provide transparency about how User data is handled in compliance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and the Israeli Privacy Protection Law (PPL) and its associated regulations and guidance from the Privacy Protection Authority (PPA).

"Personal Data" (or "Personal Information" under CCPA) refers to any information that relates to an identified or identifiable individual, encompassing identifiers like name, email, phone number, address, online identifiers (IP address, device IDs), location data, User-Generated Content associated with the User, and other data points as defined under relevant laws.

2.2 Information We Collect

We collect various types of information in connection with the operation of the App:

• Data Provided Directly by User: This includes information Users provide during account registration and profile setup, such as full name, email address, phone number, physical address, gender, and age.
• Precise Location Data: With the User's explicit consent, the App collects precise geolocation data from the User's mobile device using technologies like GPS, Wi-Fi signals, and cellular network information.
• This collection occurs when the App is actively in use, and potentially, if consented to, when the App is running in the background.
• Under Israeli PPL Amendment 13, location data is classified as "Especially Sensitive Data," requiring heightened protection and specific handling protocols.
• User-Generated Content (UGC): This includes any content Users create and share through the App, such as descriptions and photos of Items posted for display on the map, and messages exchanged with other Users via the in-app chat feature.
• Usage Data: We automatically collect information about how Users interact with the App.
• This may include search queries, items viewed, interactions with map features, chat activity logs, IP addresses, device identifiers, operating system information, browser type, and dates/times of access.
• Communications Data: We may retain records of communications between Users and Our customer support team.
• Third-Party Information: If Users choose to log in via a third-party service (e.g., Google, Facebook), We may receive certain information from that service as authorized by the User and the third-party platform's policies.
• We will specify what information is received in such cases.

Table: Summary of Data Collection Practices:

To enhance transparency, the following table summarizes the categories of Personal Data collected, examples within each category, the purposes for collection, and the primary legal bases relied upon under GDPR and similar frameworks:

This table provides a high-level overview. Specific processing activities may rely on different or multiple legal bases.

2.3 How We Use Information

User information is used for the following purposes:

• Provide and Operate the App: To enable core functionalities like displaying the map, plotting User and Item locations, facilitating Item posting and discovery, enabling in-app chat, authenticating Users, and managing accounts.
• Location-Based Services: Precise location data is essential for displaying the User's current location marker, showing the location of posted Items, enabling searches for nearby Items, and potentially offering other location-dependent features.
• Usage is strictly limited to these disclosed purposes.
• Communication: To send Users essential service-related notifications (e.g., account updates, security alerts, policy changes) and respond to support requests or inquiries.
• Personalization: To tailor the App experience based on User preferences or location (e.g., showing relevant local Items).
• Safety, Security, and Compliance: To monitor for and prevent fraudulent activity, abuse, spam, and violations of these Terms;
• to enforce Our policies; to protect the rights, property, and safety of Our Users, Ourselves, and the public;
• and to comply with applicable legal obligations, subpoenas, court orders, or governmental requests.
• Analytics and Improvement: To analyze usage trends, monitor the performance and stability of the App, diagnose technical issues, and improve App features, usability, and overall service quality.
• Where feasible, data used for analytics will be aggregated or anonymized.

2.4 Legal Basis for Processing (GDPR & PPL Focus)

Our processing of Personal Data is grounded in specific legal bases as required by laws like GDPR and PPL:

• Consent: We rely on the User's explicit, informed, and freely given consent for certain processing activities, most notably:
  • The collection and processing of precise geolocation data.
  • This is particularly critical as location data is considered "Especially Sensitive Data" under Israeli PPL Amendment 13.
  • The collection and processing of other sensitive PII provided by the User (e.g., gender, potentially age depending on context).
  • Accessing device capabilities like the camera or photo library (if such features are implemented and require access).
  • Sending non-essential communications like direct marketing emails (if applicable).
• Performance of Contract: Much of the data processing is necessary to fulfill Our contractual obligations to the User, i.e., to provide the App services they have requested.
• This includes processing registration data to create and manage the account, displaying Items and associated locations as posted by Users, and facilitating the transmission of chat messages between Users upon their initiation.
• Legitimate Interests: We process certain data based on Our legitimate interests, provided these interests are not overridden by the User's rights and freedoms.
• Examples include processing technical and usage data for security monitoring, fraud detection, preventing abuse, and analyzing aggregated usage patterns to improve the App's stability and features.
• We conduct balancing tests where required to ensure these interests are valid and proportionate.
• Legal Obligation: We may process Personal Data when necessary to comply with applicable laws, regulations, legal processes, or enforceable governmental requests.
• Clearly identifying and documenting the legal basis for each distinct processing activity is fundamental to GDPR and PPL compliance.
• Over-reliance on consent, especially for core functionalities, can be problematic due to the requirement that consent be freely withdrawable.
• Utilizing 'Performance of Contract' or 'Legitimate Interests' provides a more stable foundation for essential processing but necessitates careful justification and transparency.

2.5 Obtaining and Managing Consent

We employ specific mechanisms to obtain and manage User consent:

• Consent Mechanism: Consent is obtained through clear, affirmative actions during the user journey.
• This includes requiring Users to actively check an unticked box during signup to agree to these Terms and Privacy Policy.
• For features requiring specific permissions like location access or camera use (if applicable), We utilize the operating system's built-in permission prompts, which require an explicit user choice.
• We avoid pre-ticked boxes, bundled consents, or reliance on user inactivity, as these do not constitute valid consent under GDPR.
• Location Consent: Requests for precise location data access are presented via standard OS prompts (e.g., "Allow While Using App," "Allow Once," "Don't Allow").
• We provide context ("just-in-time" notice) explaining why location access is needed for specific features at the moment the permission is requested.
• The implications of each permission level (e.g., background access allows continuous tracking even when the app isn't visible) are explained either in the prompt's context or within this Privacy Policy.
• Freely Given Consent: Consent is sought in a way that provides Users with a genuine choice.
• Access to core App functionality is not conditioned on consenting to data processing that is not strictly necessary for that core functionality.
• We strive to avoid "dark patterns" or manipulative designs that might coerce consent, aligning with PPA guidance.
• Informed and Specific Consent: Consent requests are presented clearly, separately from other information or terms.
• The request specifies the exact data being accessed (e.g., precise location) and the specific purpose(s) for which consent is sought.
• Language used is plain and easily understandable.
• Withdrawal of Consent: Users have the right to withdraw their consent at any time, easily.
• For location data, consent can typically be withdrawn via the mobile device's operating system settings.
• For other consents managed within the App (e.g., marketing preferences), mechanisms are provided within the App's account settings.
• Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
• The process for withdrawal is designed to be as straightforward as the process for giving consent.
• The user interface and timing of consent requests are critical design elements impacting consent validity.
• OS-level permissions provide a technical control layer, but the App must still ensure the underlying consent meets legal standards of being informed and specific.

2.6 Data Sharing and Disclosure

We do not sell User Personal Data in the traditional sense.

However, we may share information under specific circumstances:

• Third-Party Service Providers: We engage trusted third-party companies and individuals to perform services on Our behalf (e.g., cloud hosting providers, data analytics services, customer support software providers).
• These providers are granted access to User Personal Data only to the extent necessary to perform their designated functions and are contractually obligated to maintain confidentiality and security, adhering to standards at least as protective as those outlined here.
• We implement vendor risk management procedures as required, for instance, under Israeli PPL.
• Other Users: Certain information is inherently shared with other Users through the App's functionality.
• This includes the User's profile name/alias, the details and approximate location marker of Items they post, and messages sent via the in-app chat to specific recipients.
• Users control what Item details they post and whom they chat with.
• Legal Requirements and Safety: We may disclose User information if required to do so by law, regulation, or legal process (such as a subpoena or court order), or in response to valid requests by public authorities.
• We may also disclose information when We believe in good faith that disclosure is necessary to protect Our rights, property, or safety, or the rights, property, or safety of Our Users or the public.
• Business Transfers: In the event of a merger, acquisition, reorganization, bankruptcy, or sale of all or a portion of Our assets, User information may be transferred as part of that transaction.
• Users will be notified via email and/or a prominent notice within the App of any change in ownership or uses of their Personal Data.
• Aggregated/Anonymized Data: We may share aggregated or anonymized data, which cannot reasonably be used to identify an individual, for purposes such as statistical analysis, industry reporting, or improving Our services.
• CCPA "Sharing": Under the CCPA's broad definition, using third-party analytics or advertising services (if any) that involve tracking across different services might constitute "sharing."
• Users have the right to opt-out of such sharing via the methods described in the User Rights section.

2.7 Data Security

We implement reasonable administrative, technical, and physical security measures designed to protect User Personal Data from unauthorized access, use, alteration, or destruction. These measures include data encryption, access controls, secure server infrastructure, and regular security assessments.

We comply with the specific requirements of the Israeli Protection of Privacy Regulations (Data Security), 5777-2017.

However, Users should be aware that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Personal Data, We cannot guarantee its absolute security.

In the event of a data breach compromising Personal Data, We will adhere to applicable notification requirements under GDPR, PPL, CCPA, and other relevant laws, informing regulatory authorities (like the Israeli PPA for "Severe Security Incidents" ) and affected Users as legally required.

2.8 Data Retention

We retain Personal Data only for as long as necessary to fulfill the purposes for which it was collected, including providing the App services, complying with Our legal obligations (e.g., tax, accounting), resolving disputes, and enforcing Our agreements.

The criteria used to determine retention periods include the duration the User maintains an active account, the nature and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure, the purposes for which We process the data, and applicable legal requirements.

For example, account information is generally retained for the duration of the active account plus a limited period afterward for operational or legal needs. Usage logs may be retained for a shorter period (e.g., 12 months) for analytics and security purposes.

Users can request the deletion of their data as described in the User Rights section. Israeli PPL regulations also suggest periodic reviews to ensure data minimization.

2.9 User Rights (GDPR, CCPA, PPL)

Users have specific rights concerning their Personal Data under various privacy laws.

Subject to applicable legal limitations and verification procedures, these rights include:

• Right to Know/Access: The right to request confirmation of whether We process their Personal Data and to access details about the data collected, its sources, the purposes of processing, and the categories of third parties with whom it has been shared.
• Right to Rectification/Correction: The right to request correction of inaccurate or incomplete Personal Data.
• Right to Erasure/Deletion: The right to request the deletion of their Personal Data under certain conditions (e.g., data is no longer necessary, consent is withdrawn, processing is unlawful). California minors under 18 have specific rights to remove content they posted.
• Right to Restrict Processing (GDPR): The right to request the restriction of processing of their Personal Data under specific circumstances (e.g., accuracy is contested, processing is unlawful).
• Right to Data Portability (GDPR, CCPA): The right to receive a copy of their Personal Data in a structured, commonly used, and machine-readable format, and to transmit that data to another controller where processing is based on consent or contract and carried out by automated means.
• Right to Object (GDPR): The right to object to the processing of their Personal Data based on legitimate interests or for direct marketing purposes.
• Right to Opt-Out of Sale/Sharing (CCPA): California residents have the right to direct Us not to "sell" or "share" their Personal Information. Users can exercise this right via.
• Right to Limit Use of Sensitive PII (CCPA): California residents have the right to limit Our use and disclosure of their Sensitive Personal Information (which includes precise geolocation, account log-in, etc.) to purposes necessary to perform the services or provide the goods reasonably expected by an average consumer, or for other permitted purposes under CCPA regulations. Users can exercise this right via.
• Right to Non-Discrimination (CCPA): We will not discriminate against Users for exercising any of their CCPA privacy rights, such as by denying services, charging different prices, or providing a different level or quality of service.
• Right to Withdraw Consent: Users can withdraw their previously given consent for specific processing activities at any time, as detailed in Section 2.5.

Exercising Rights: To exercise these rights, Users should contact Us using the contact information provided in Section 2.13 or utilize any specific mechanisms provided within the App settings (e.g., data access request form, deletion button).

We will respond to verifiable requests within the timeframes mandated by applicable law.

We may need to request specific information from the User to help Us confirm their identity and ensure their right to access their Personal Data or exercise other rights.

2.10 International Data Transfers

Personal Data collected through the App may be stored and processed in or any other country where We or Our service providers maintain facilities.

If We transfer Personal Data outside of the User's jurisdiction (e.g., outside Israel or the EEA), We will ensure that appropriate safeguards are in place to protect the data in accordance with applicable laws.

These safeguards may include transferring data to countries deemed to have adequate data protection laws by relevant authorities (such as the EU Commission's adequacy decision regarding Israel ), using Standard Contractual Clauses approved by relevant authorities, or relying on other valid transfer mechanisms.

We comply with Israeli PPL requirements regarding cross-border data transfers.

2.11 Children's Privacy (COPPA Compliance)

As stated in Section 1.1, the App is not intended for or directed at children under the age of 13. We do not knowingly collect Personal Data from children under 13. If a parent or guardian becomes aware that their child has provided Us with Personal Data without their consent, they should contact Us immediately using the details in Section 2.13.

We will take steps to delete such information from Our files.

2.12 Privacy Policy Updates

We reserve the right to modify this Privacy Policy at any time.

If We make material changes, We will notify Users through the App (e.g., via an in-app notification or banner), by email (if We have the User's email address), or by other means, prior to the change becoming effective.

We will also update the "Effective Date" at the top of this Privacy Policy.

We encourage Users to periodically review this page for the latest information on Our privacy practices.

Continued use of the App after the effective date of any modifications indicates acceptance of the modified Privacy Policy.

2.13 Contact Information

For any questions, concerns, or requests regarding this Privacy Policy or Our data practices, please contact Us at:

[Your Company Name]

[Your Company Address]

[Your Privacy Email Address, e.g., privacy@[yourdomain].com]

[If applicable/required: Data Protection Officer (DPO) Contact Details].

3.1 Grant of License

Subject to the User's compliance with these Terms, We grant the User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use one copy of the App on a mobile device that the User owns or controls, solely for the User's personal, non-commercial purposes.

3.2 Restrictions on Use

The rights granted are subject to the following restrictions. The User shall not:

• License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App or any part thereof.
• Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the App, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
• Access the App in order to build a similar or competitive application or service.
• Remove or destroy any copyright notices or other proprietary markings contained on or in the App.
• Use the App for any illegal purpose or in violation of any local, state, national, or international law.
• Engage in any activity that interferes with or disrupts the App or the servers and networks connected to the App.

4.1 User Responsibility for UGC

Users are solely and entirely responsible for any and all content they upload, post, publish, display, transmit, or otherwise make available through the App, including Item listings (text, images), chat messages, and profile information ("User-Generated Content" or "UGC").

This responsibility extends to the legality, reliability, accuracy, and appropriateness of their UGC.

We do not endorse, nor are We responsible for, any UGC posted by Users.

Users warrant that they own or have the necessary rights and permissions to share their UGC and that their UGC does not infringe upon the rights of any third party or violate any applicable laws.

4.2 License Grant from User to App

By submitting, posting, or displaying UGC on or through the App, the User grants Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable (through multiple tiers), and transferable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such UGC in connection with operating, providing, promoting, and improving the App and Our services.

This license is necessary, for example, to display Items on the map, transmit chat messages between Users, and store User data.

The User agrees that this license includes the right for Us to make such UGC available to other companies, organizations, or individuals who partner with Us for the syndication, broadcast, distribution, or publication of such UGC on other media and services.

User agrees to waive any moral rights (or equivalent rights under applicable law) in the UGC, to the extent permissible.

All UGC submitted will be treated as non-confidential and non-proprietary.

4.3 Acceptable Use Policy (AUP) / Content and Conduct Standards

Users agree not to use the App to collect, upload, transmit, display, or distribute any UGC or engage in any conduct that violates the following standards:

Prohibited Content:

• Content that is unlawful, illegal, or promotes illegal activities (e.g., posting stolen goods, illegal drugs, weapons).
• Content that is fraudulent, false, misleading, or deceptive (e.g., inaccurate Item descriptions, scam listings).
• Content that infringes upon any third party's rights, including copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or other intellectual property or proprietary rights.
• Content that is defamatory, libelous, threatening, abusive, harassing, hateful, racially or ethnically offensive, or promotes violence or discrimination against individuals or groups based on race, religion, ethnicity, gender, sexual orientation, disability, age, or other protected characteristics.
• Content that is obscene, pornographic, or sexually explicit, particularly involving minors.
• Content that violates the privacy of others, including disclosing PII (like phone numbers, addresses, financial information) without explicit consent.
• Unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise (except for legitimate Item postings in designated areas).
• Content containing software viruses, worms, or any other harmful computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
• Content that impersonates any person or entity, or falsely states or otherwise misrepresents affiliation with a person or entity.

Prohibited Conduct:

• Harassing, threatening, stalking, defaming, or abusing other Users through chat or any other means.
• Attempting to gain unauthorized access to the App, other User accounts, or computer systems or networks connected to the App through hacking, password mining, or any other means.
• Using any automated means (e.g., bots, scrapers, spiders) to access the App or collect data from the App without Our express written permission.
• Interfering with, disrupting, or creating an undue burden on the App or the networks or services connected to the App.
• Using the App for any purpose that violates applicable local, state, national, or international laws or regulations.
• Attempting to solicit or conduct transactions outside of the App's intended mechanisms, if such actions are detrimental to the platform's operation or violate specific platform rules.

4.4 Moderation and Enforcement

We reserve the right, but do not assume the obligation, to monitor, review, screen, edit, refuse, or remove any UGC posted on the App, or to suspend or terminate User accounts, at Our sole discretion, with or without notice, for any reason, including if We believe that such UGC or conduct violates these Terms or is otherwise objectionable.

While We aim to foster a positive environment, We are generally not obligated to proactively monitor all UGC. However, We will investigate reports of violations and take appropriate action, which may include content removal or account termination.

Users can report suspected violations of these Terms or prohibited content/conduct through [Reporting Mechanism]. We will review reports and take action deemed appropriate in Our discretion.

For Users subject to regulations like the EU Digital Services Act (DSA), We may provide a statement of reasons for content removal or account suspension where legally required.

5.1 Platform as Venue

The App functions solely as a technology platform and venue that enables Users to connect, post Items associated with their location, view Items posted by others, and communicate via in-app chat.

We are not directly involved in any transactions, agreements, or interactions between Users concerning Items listed on the App.

Any contract for the sale, purchase, or exchange of Items is strictly between the participating Users. We do not own, sell, buy, or handle the Items listed.

5.2 No Endorsement or Verification of Users or Items

• We do not endorse, recommend, or guarantee any User, Item, or UGC posted on the App.
• Any ratings or reviews displayed are generated by Users and do not constitute an endorsement by Us.
• As stated in Section 1.5, We do not perform background checks or verify the identity of Users.
• Users interact with each other at their own risk.

Disclaimer of Item Verification:

We do not inspect, verify, guarantee, or take responsibility for the existence, accuracy, quality, safety, legality, condition, or authenticity of any Items listed on the App or the truthfulness of any UGC associated with those Items.

Users are solely responsible for the Items they post. Buyers are solely responsible for exercising due diligence and judgment when interacting with Sellers and considering Items.

This disclaimer is critical to mitigate Our liability for issues arising from defective, fraudulent, illegal, or misrepresented Items offered by Users on the platform.

This stance aligns with the common legal position of online marketplaces acting as mere conduits , although evolving regulations (like the DSA ) and case law may impose liability if the platform's presentation or involvement suggests control or endorsement.

By explicitly disclaiming verification, We reinforce Our role as a neutral platform and manage user expectations.

5.3 User Interactions (Chat & Offline)

Users bear sole responsibility for their interactions and communications with other Users, whether conducted through the App's chat feature or occurring offline.

Safety Warning:

Users are strongly advised to exercise extreme caution and common sense when interacting with others through the App, particularly when arranging offline meetings.

Risks associated with interacting with strangers met online include, but are not limited to, harassment, fraud, theft, and personal injury.

We strongly recommend that Users:

• Communicate within the App's chat feature initially and avoid sharing excessive personal information (like full address, financial details) prematurely.
• If meeting offline, choose a public, well-lit location during daylight hours.
• Inform a friend or family member of meeting plans, including location and expected duration.
• Trust their instincts and cease interaction or leave a meeting if they feel uncomfortable or unsafe.
• Never send money or share financial information with someone they met through the App before meeting in person and verifying the Item.

Disclaimer of Liability for Interactions:

We expressly disclaim any and all liability for the conduct of Users, whether online or offline.

We are not responsible for any disputes, disagreements, harm, injury, loss, or damage of any kind arising out of or related to interactions, communications, meetings, or transactions between Users, including those facilitated by the App.

While We provide the platform and may moderate chat content upon report , We do not control User behavior outside the App or the outcomes of their interactions.

This disclaimer aims to limit Our liability for events largely outside Our direct control, but effective moderation of reported abuse within the chat remains important for platform safety and potentially mitigating liability arguments.

5.4 Disputes Between Users

Users agree that any disputes arising between them regarding Items, transactions, communications, or interactions are solely between the involved Users.

We have no obligation to become involved in, mediate, or resolve such disputes.

However, We reserve the right, in Our sole discretion, to facilitate dispute resolution but assume no liability for the outcome.

6.1 App Ownership

The User acknowledges that the App, including its visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements ("App Materials"), are the property of [Your Company Name] or Our licensors and are protected by intellectual property and other laws.

All trademarks, service marks, and trade names associated with the App are proprietary to Us or Our licensors.

Except for the limited license granted in Section 3.1, Users acquire no right, title, or interest in the App or App Materials.

6.2 User Content Ownership

As stated in Section 4.1, Users retain ownership of the intellectual property rights in their own UGC, subject to the license granted to Us in Section 4.2.

6.3 DMCA Compliance / Copyright Infringement Policy

We respect the intellectual property rights of others and expect Our Users to do the same.

We will respond to notices of alleged copyright infringement that comply with applicable law, including the U.S. Digital Millennium Copyright Act (DMCA) or equivalent local legislation.

Takedown Notices:

If a copyright owner believes that their work has been copied and posted on the App in a way that constitutes copyright infringement, they should provide Our designated Copyright Agent with the following information in writing:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that is claimed to have been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the App (e.g., URL or specific description sufficient for Us to locate it);
4. The copyright owner's address, telephone number, and email address;
5. A statement by the copyright owner that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by the copyright owner, made under penalty of perjury, that the above information in the notice is accurate and that they are the copyright owner or authorized to act on the copyright owner's behalf.

Counter-Notices:

If a User believes that their UGC was removed or disabled as a result of mistake or misidentification, they may submit a counter-notice to Our Copyright Agent containing the following information:

1. The User's physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
4. The User's name, address, telephone number, and email address, and a statement that the User consents to the jurisdiction of the competent courts in Tel Aviv, Israel, and that the User will accept service of process from the person who provided the original infringement notification or an agent of such person.

Repeat Infringer Policy:

In accordance with the DMCA and other applicable law, We have adopted a policy of terminating, in appropriate circumstances and at Our sole discretion, Users who are deemed to be repeat infringers of copyright.

Designated Copyright Agent:

Our designated Copyright Agent for receiving notifications of claimed infringement can be reached at:

[Copyright Agent Name]

[Copyright Agent Address]

[Copyright Agent Email]

[Copyright Agent Phone Number (Optional)]

Adherence to a clear DMCA policy and procedure is essential for qualifying for the statutory safe harbor protection against liability for user-infringing content in the U.S.. The outlined procedures for notices and counter-notices must be followed precisely.

7.1 Warranty Disclaimer

THE APP AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY.

WE DO NOT WARRANT THAT THE APP WILL MEET USER REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS ACCESSED AT THE USER'S OWN DISCRETION AND RISK.

7.2 Liability Disclaimer for UGC and Interactions: (Reinforcing Sections 4 and 5)

WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER-GENERATED CONTENT, INCLUDING ITS ACCURACY, LEGALITY, SAFETY, OR QUALITY.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE APP.

WE DISCLAIM ALL LIABILITY FOR ANY LOSS, HARM, DAMAGE, OR INJURY ARISING OUT OF OR RELATED TO USER INTERACTIONS, COMMUNICATIONS, MEETINGS (ONLINE OR OFFLINE), OR TRANSACTIONS FACILITATED BY OR RELATED TO THE APP.

7.3 Limitation of Liability

Exclusion of Certain Damages:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL , ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USER'S ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP OR ANY CONTENT OR SERVICES THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND

WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Aggregate Liability Cap:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO ANY USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APP OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS (USD $100.00) OR (II) THE AMOUNT, IF ANY, PAID BY THE USER TO US FOR ACCESS TO OR USE OF THE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE LIABILITY FIRST AROSE.

Since the App is currently anticipated to be free, the liability cap would effectively be USD $100.00.

Exceptions:

The limitations set forth in this Section 7.3 will not apply to liability resulting from Our gross negligence or willful misconduct, or other liabilities that cannot be excluded or limited under applicable law.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to all Users.

Basis of the Bargain:

The User acknowledges and agrees that We have offered the App, set its prices (if any), and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that these disclaimers and limitations reflect a reasonable and fair allocation of risk between the User and Us, and that they form an essential basis of the bargain between the User and Us.

Limitation of liability clauses are fundamental risk management tools but are subject to legal constraints and judicial review for reasonableness.

The chosen cap and the scope of exclusions aim to provide substantial protection while remaining within potentially enforceable limits.

7.4 User Indemnification

The User agrees to defend, indemnify, and hold harmless TapTrade and its affiliates, officers, directors, employees, consultants, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

1. (a) the User's access to, use of, or alleged use of the App;
2. (b) the User's violation of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
3. (c) the User's violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right;
4. or (d) any dispute or issue between the User and any third party, including other Users of the App.

We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User (without limiting the User's indemnification obligations with respect to that matter), and in that case, the User agrees to cooperate with Our defense of those claims.

8.1 Termination by Us

We reserve the right, in Our sole discretion, to suspend or terminate a User's account and access to the App, or any part thereof, at any time, for any reason or no reason, with or without prior notice, and without liability to the User.

Grounds for termination may include, but are not limited to:

• Any breach or violation of these Terms, including the Acceptable Use Policy (Section 4.3).
• Engagement in illegal, fraudulent, or abusive activities.
• Actions that pose a security risk to the App, Us, or other Users.
• Requests by law enforcement or other government agencies.
• Discontinuation or material modification of the Service.
• Extended periods of inactivity (e.g., 12 months).
• Providing false or inaccurate registration information.
• Attempts to circumvent a previous ban or suspension.
• Being identified as a sanctioned individual or entity under applicable laws.

8.2 Termination by User

Users may terminate their account and cease using the App at any time by [Describe Method - e.g., using the account deletion feature within the App settings or by sending a termination request to Our support email address].

8.3 Effect of Termination

Upon termination of a User's account, for any reason:

• The license granted to the User under these Terms will immediately cease.
• The User's access to the App and their account will be revoked.
• We may, in Our discretion and subject to Our data retention policies outlined in the Privacy Policy (Section 2.8), delete all User account information and UGC associated with the terminated account.
• Users may lose access to any content they have posted. There may be exceptions for data retention required by law.
• Any provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.

9.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any choice or conflict of law provision or rule.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

9.2 Jurisdiction

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the competent courts located in Tel Aviv, Israel.

The User waives any and all objections to the exercise of jurisdiction over them by such courts and to venue in such courts.

9.3 Informal Resolution

We encourage Users to contact Our customer support team first should a dispute arise. Many disputes can be resolved quickly and informally by contacting [Customer Support Contact Information].

9.4 Arbitration Agreement: (Consider including this clause for potentially faster, less costly dispute resolution)

"Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, which cannot be resolved informally through contacting customer support, shall be referred to and finally resolved by binding arbitration administered by the Israeli Conflict Resolution Center (or specify another institution like ICC, LCIA) in accordance with its rules prevailing at the time of the arbitration. The arbitration shall take place in Tel Aviv, Israel. The arbitration shall be conducted by a sole arbitrator appointed in accordance with the said rules. The language of the arbitration shall be [English/Hebrew]. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This agreement to arbitrate does not preclude either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights."

Arbitration clauses can streamline dispute resolution but must be drafted carefully to be enforceable, particularly concerning consumer rights.

9.5 Class Action Waiver: (Typically included with an arbitration clause)

"To the fullest extent permitted by applicable law, each party agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. The User agrees that they may bring claims against Us only in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding."

10.1 Right to Modify

We reserve the right, at Our sole discretion, to modify or replace these Terms (including the Privacy Policy) at any time.

10.2 Notification of Changes

If We make material changes to these Terms, We will provide Users with reasonable prior notice of such changes. Notification methods may include posting the revised Terms within the App, sending an email to the address associated with the User's account, displaying an in-app banner or pop-up message, or other means deemed appropriate.

The notice will specify the date the changes become effective. Non-material changes may be made effective immediately upon posting.

10.3 Acceptance of Changes

By continuing to access or use the App after the effective date of any modifications to these Terms, the User agrees to be bound by the revised Terms.

If the User does not agree to the new terms, they must stop using the App and terminate their account.

For certain material changes, We may require the User to provide affirmative consent (e.g., by clicking "I Agree" to the updated Terms) before further use of the App is permitted, as this provides stronger evidence of agreement.

11.1 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

11.2 Entire Agreement

These Terms, including the Privacy Policy incorporated herein by reference, constitute the sole and entire agreement between the User and [Your Company Name] regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

11.3 No Waiver

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Us.

11.4 Assignment

The User may not assign or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempt by a User to assign or transfer these Terms without such consent will be null and void.

We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

11.5 Contact Information

All notices, requests, consents, claims, demands, waivers, and other communications hereunder (other than routine communications having no legal effect) must be in writing and addressed to the parties at the addresses set forth below (or to such other address that may be designated by the receiving party from time to time in accordance with this section).

To TapTrade:

[Your Company Full Legal Name]

[Your Company Address]

[Your General Counsel/Legal Contact Email]

For privacy-specific inquiries, please use the contact details in Section 2.13.