7TAPS MICROLEARNING TERMS OF SERVICE

TABLE OF CONTENTS

These Terms of Service ("Terms") constitute a binding legal agreement between you (whether as an individual or on behalf of an entity) ("Customer," "you," or "your") and 7TAPS OPCO, LLC ("7taps," "we," "us," or "our") governing your access to and use of the 7taps microlearning platform and related services.

These Terms apply to:

- The 7taps website at https://7taps.com and all related domains and subdomains

- 7taps microlearning platform (web and mobile applications)

- Application programming interfaces (APIs) and integrations

- Documentation, templates, and related materials

- All updates, enhancements, and modifications to the foregoing

(collectively, the "Services")

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

If you are entering into these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" or "your" shall refer to that entity.

7taps offers multiple service tiers with different features and limitations:

Specific features, limitations, and pricing for each tier are available at https://7taps.com/pricing.

"Acceptable Use Policy" means the prohibited activities and usage restrictions set forth in Section 10.

"AI Tools" means artificial intelligence-powered features within the Services for content generation, including text, image, video, and translation capabilities.

"Content" means all information, data, text, software, images, video, audio, and other materials accessible through the Services, excluding Customer Data.

"Customer Data" means all data, content, materials, and information that Customer or its Authorized Users upload, submit, post, or transmit through the Services.

"Data Protection Laws" means all applicable laws relating to data protection, privacy, and security, including GDPR, CCPA, and other jurisdiction-specific regulations.

"Documentation" means 7taps' published user guides, help articles, and technical documentation available at https://help.7taps.com.

"DPA" means the Data Processing Agreement available at [https://help.7taps.com/en/articles/12572266-7taps-data-processing-agreement-dpa], which applies to Customer's subject to GDPR or other Data Protection Laws.

"Learners" means individuals who access and consume microlearning content created by Customer through the Services.

"SLA" means the Service Level Agreement published at [https://help.7taps.com/en/articles/11061989-7taps-microlearning-service-level-agreement-sla], which applies to Paid Plans and Enterprise Plans only.

To access certain features of the Services, you must create an account using:

You are responsible for:

You may not:

Paid Plans and Enterprise Plans may grant access to multiple Authorized Users. Customer is responsible for all actions taken by its Authorized Users and must ensure their compliance with these Terms.

Subject to Customer's compliance with these Terms and payment of applicable fees, 7taps grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to:

Customer shall not, and shall not permit others to:

7taps reserves all rights not expressly granted in these Terms. The Services, Content, and all intellectual property rights therein are and shall remain the exclusive property of 7taps and its licensors.

Paid Plans and Enterprise Plans require payment of subscription fees as set forth in your selected plan or Order Form. Fees are based on:

For subscription plans with recurring charges:

Certain features have usage limits based on your subscription tier:

Additional charges apply when usage exceeds subscription limits. Current limits and overage rates are available at https://help.7taps.com/en/articles/10028807-7taps-monthly-usage-limits.

7taps may change subscription fees upon thirty (30) days' written notice. Price changes apply to:

Late payments may result in:

Except as expressly provided in Section 5.9, all fees are non-refundable, including if:

Customer may be entitled to a pro-rata refund of prepaid fees only if:

No refunds apply to Free Trials, Free Edition, or consumption-based charges.

7taps (and its licensors) owns all right, title, and interest in and to:

Customer retains all right, title, and interest in and to Customer Data, including:

7taps does not claim ownership of Customer Data.

Customer grants 7taps a limited, worldwide, non-exclusive license to:

If Customer provides feedback, suggestions, or ideas about the Services ("Feedback"), Customer grants 7taps an unrestricted, perpetual, irrevocable license to use, modify, and incorporate such Feedback without compensation or attribution.

7taps may use Customer's name and logo to identify Customer as a 7taps customer in:

Customer may opt out by emailing hello@7taps.com. 7taps will comply with any reasonable brand guidelines provided by Customer.

7taps provides AI Tools powered by third-party providers (Sub-Processors) to assist with content creation. AI Tools generate text, images, video, audio, and translations based on Customer's inputs.

7taps utilizes enterprise-level agreements with all AI Sub-Processors, which provide enhanced data protection:

This enterprise architecture ensures Customer Data remains private and is never used to develop or improve third-party AI models. Additional details are available in the AI Terms at https://help.7taps.com/en/articles/6959985-7taps-ai-terms.

Customer acknowledges and agrees that:

AI-GENERATED CONTENT IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES. 7TAPS IS NOT LIABLE FOR CUSTOMER'S USE OF, RELIANCE ON, OR DECISIONS MADE BASED ON AI-GENERATED CONTENT. CUSTOMER MUST INDEPENDENTLY VERIFY ALL AI-GENERATED CONTENT BEFORE USE.

Customer shall not use AI Tools to generate:

Full AI Terms are available at https://help.7taps.com/en/articles/6959985-7taps-ai-terms and are incorporated by reference.

7taps' collection and use of personal information is governed by the Privacy Policy available at https://www.7taps.com/legal/privacy-policy, which is incorporated into these Terms by reference.

For Customers subject to GDPR or other Data Protection Laws, the DPA available at [https://help.7taps.com/en/articles/12572266-7taps-data-processing-agreement-dpa] applies and is incorporated into these Terms. In the event of conflict between the DPA and these Terms, the DPA prevails on data protection matters.

The Services are hosted in the United States (AWS US-East region). Customer Data may be transferred to, stored, and processed in the United States and other jurisdictions where 7taps or its sub-processors maintain facilities.

By using the Services, Customer consents to the transfer of data outside Customer's jurisdiction. For EU customers, data transfers are governed by the DPA and Standard Contractual Clauses.

7taps implements appropriate technical and organizational measures to protect Customer Data, including:

7taps maintains:

Upon request, 7taps will provide Customer with copies of current audit reports and certifications, subject to confidentiality obligations.

In the event of a security incident affecting Customer Data:

Customer is responsible for ensuring that:

Customer represents and warrants that Customer Data:

When sharing content with Learners, Customer represents and warrants that:

If Customer integrates the Services with third-party systems:

7taps provides access to Shutterstock images within the Services. Customer agrees that:

Customer shall not, and shall not permit Authorized Users or Learners to:

Create or distribute content that:

Violation of this Section may result in immediate suspension or termination of access to the Services, with or without notice.

Subscription Cancellation (Paid Plans):

Account Termination:

The distinction: Subscription cancellation downgrades access but retains data. Account termination closes the account and deletes data.

Either party may terminate these Terms immediately if the other party:

7taps may immediately suspend or terminate access to the Services without notice if:

7taps may modify, suspend, or terminate Free Trials and Free Edition at any time, for any reason, with or without notice, including to:

Upon termination or expiration:

Inactive Account Retention:

Deletion Upon Account Termination: Upon explicit account termination or Customer's written deletion request:

Immediate Deletion Requests: Customer may request immediate deletion at any time by contacting support@7taps.com. Deletion will commence within 3 business days and follow the timeline above.

The SLA published at https://help.7taps.com/en/articles/11061989-7taps-microlearning-service-level-agreement-sla applies to:

7taps will use commercially reasonable efforts to maintain 99.9% uptime for the Services, calculated monthly and excluding:

Support availability varies by service tier:

Free Trials and Free Edition:

Paid Plans:

Enterprise Plans:

Full support scope and standards are available at [https://help.7taps.com/en/articles/12589022-support-scope-and-standards].

7taps may:

7taps is not obligated to provide any specific updates, features, or functionality.

For Paid Plans and Enterprise Plans, 7taps warrants that:

Customer's exclusive remedy for breach of this warranty is for 7taps to re-perform the non-conforming Services or, if 7taps cannot re-perform within thirty (30) days, Customer may terminate and receive a pro-rata refund of prepaid fees for the non-conforming period.

FREE TRIALS AND FREE EDITION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND.

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 13.1, THE SERVICES ARE PROVIDED "AS IS" AND 7TAPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

7taps makes no warranties regarding third-party services, providers, or content, including:

Customer uses third-party services at its own risk.

Beta features are provided for evaluation purposes "AS IS" without warranties or SLA commitments. Beta features may be discontinued or materially modified without notice.

EXCEPT AS PROVIDED IN SECTION 14.2, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY CUSTOMER TO 7TAPS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

FOR FREE TRIALS AND FREE EDITION, 7TAPS' TOTAL LIABILITY SHALL NOT EXCEED FIFTY DOLLARS ($50.00 USD).

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING:

THIS EXCLUSION APPLIES EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

The limitations in Sections 14.1-14.3 do NOT apply to:

7TAPS SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM:

The parties acknowledge that the limitations and exclusions in this Section 14 reflect a reasonable allocation of risk and are an essential element of the bargain between the parties. The Services and pricing would be substantially different without these limitations.

Each party ("Indemnifying Party") shall indemnify, defend, and hold harmless the other party and its affiliates, officers, directors, employees, and agents ("Indemnified Party") from and against any third-party claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

7taps' Indemnification Obligations:

Customer's Indemnification Obligations:

7taps' IP indemnification obligation does NOT apply to claims arising from:

The Indemnified Party must:

Failure to promptly notify does not relieve the Indemnifying Party except to the extent materially prejudiced by the delay.

If the Services become (or in 7taps' reasonable opinion are likely to become) subject to an IP infringement claim, 7taps may, at its option:

THIS SECTION 15 STATES THE PARTIES' EXCLUSIVE REMEDIES AND ENTIRE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.

7taps maintains, and will maintain during the term of these Terms, commercially reasonable insurance coverage appropriate for companies of similar size and in similar industries, including:

Upon request, 7taps will provide Customer with certificates of insurance evidencing current coverage. 7taps will provide thirty (30) days' notice of material reductions in coverage that would affect 7taps' ability to perform under these Terms.

Maintenance of insurance does not waive any limitation of liability or other provision of these Terms.

"Confidential Information" means all non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure, including:

The Receiving Party shall:

Confidential Information does not include information that:

Confidentiality obligations survive termination for five (5) years, except that trade secrets remain confidential for so long as they qualify as trade secrets under applicable law.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For Paid Plans and Enterprise Plans with annual contract value under $10,000:

Informal Resolution: Before initiating any formal proceeding, the parties agree to first attempt to resolve disputes through good-faith negotiation. Either party may initiate negotiations by providing written notice describing the dispute.

Arbitration (Optional): If informal resolution fails within thirty (30) days, either party may elect binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). Arbitration shall take place in Wilmington, Delaware, and be conducted by a single arbitrator. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.

Court Jurisdiction: If neither party elects arbitration, disputes shall be resolved in the state or federal courts located in Delaware, and each party consents to personal jurisdiction and venue in such courts.

For Enterprise Plans with annual contract value of $10,000 or more:

Disputes shall be resolved in the state or federal courts located in Delaware. Each party consents to personal jurisdiction and venue in such courts. Arbitration is available only by mutual written agreement of both parties.

For Free Trials and Free Edition, all disputes shall be resolved exclusively in the state or federal courts located in Delaware, and each party consents to personal jurisdiction and venue in such courts.

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO PURSUE DISPUTES ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY.

These Terms, together with any applicable Order Form, SOW, DPA, SLA, and Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral.

7taps may modify these Terms by posting revised Terms on the website and updating the "Last Updated" date. For Paid Plans, material changes become effective upon renewal of the then-current subscription term. For Free Trials and Free Edition, changes are effective immediately upon posting. Continued use of the Services constitutes acceptance of revised Terms.

For Enterprise Plans with annual contract value over $10,000, material amendments require written agreement by both parties.

Customer may not assign these Terms without 7taps' prior written consent. 7taps may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of substantially all assets. Any attempted assignment in violation of this Section is void.

Neither party shall be liable for failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or failure of third-party service providers (including AWS or AI providers). The affected party must provide prompt notice and use reasonable efforts to resume performance. If force majeure continues for more than thirty (30) days, either party may terminate these Terms.

All notices must be in writing and delivered to:

7taps:

7taps OpCo LLC

700 S Rosemary Ave, Suite 204

West Palm Beach, FL 33401

Email: hello@7taps.com

Legal notices: legal@7taps.com

Customer:

To the email address or physical address in Customer's account

Notices are effective upon receipt. Email notices are deemed received on the business day sent if sent during business hours, or the next business day if sent after hours.

If any provision is held invalid or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.

No waiver of any provision is effective unless in writing and signed by the waiving party. Waiver of any breach does not waive any other breach.

The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.

Customer shall comply with all applicable export laws and regulations. Customer represents that it is not located in, under the control of, or a national or resident of any country subject to U.S. embargo or on any U.S. government list of prohibited or restricted parties.

The Services are "commercial items" as defined in FAR 2.101. If acquired by or on behalf of any U.S. government agency, the Services are subject to the terms of these Terms in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data), or DFARS 227.7202-3 and DFARS 252.227-7015 (for DOD acquisitions).

These Terms are drafted in English. Any translation is provided for convenience only. In the event of conflict, the English version prevails.

Customer consents to receive electronic communications from 7taps, including agreements, notices, disclosures, and other communications via email or by posting on the Services. Customer agrees that electronic communications satisfy any legal requirement that communications be in writing.

7taps provides access to Shutterstock's image library within the Services. Customer's use of Shutterstock content is subject to Shutterstock's Standard License Terms available at https://www.shutterstock.com/license. The restrictions below summarize key limitations but do not replace Shutterstock's full license terms.

Customer's use of Shutterstock content is subject to the following restrictions:

Shutterstock content may only be used:

Customer may NOT:

Customer is responsible for ensuring its use of Shutterstock content complies with Shutterstock's license terms. 7taps is not liable for Customer's misuse of Shutterstock content.

California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs:

In writing:

1625 North Market Blvd., Suite N 112

Sacramento, California 95834

By telephone:

(800) 952-5210 or (916) 445-1254

For questions about these Terms or the Services:

7taps OpCo LLC

700 S Rosemary Ave, Suite 204

West Palm Beach, FL 33401

Email:

Phone: +1 954-281-9775

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

End of Terms of Service