TapState Cloud End-User License Agreement and Terms of Service

This End-User License Agreement and Terms of Service ("Agreement") is a legal agreement between you (the "Customer," "you," or "your") and TAPDATA HONG KONG LIMITED ("TapState," "we," "us," or "our"). You accept this Agreement by ticking the acceptance box when you register for the TapState Cloud service ("Service"). If you do not agree, do not register for or use the Service.

1. Acceptance of Terms

By ticking the acceptance box during registration, you acknowledge that you have read and understood the Privacy Policy and agree to be bound by this Agreement, the Subscription & Cancellation Policy, and the Data Processing Addendum. This Agreement, the Subscription & Cancellation Policy and the Data Processing Addendum collectively form the entire agreement between you and TapState for your use of the Service.

If these documents conflict: the Data Processing Addendum prevails on the processing of Customer Personal Data; the Subscription & Cancellation Policy prevails on prices, trials, billing, renewal and cancellation; and this Agreement prevails on all other matters.

2. Description of Service

TapState Cloud is a cloud-native data integration and transformation platform that enables customers to ingest, transform, and move data across heterogeneous systems. The Service is provided on a subscription basis through a web-based console.

2.1 Service Tiers

2.2 Beta and Alpha Services

Certain features or configurations of the Service may be designated as "Beta," "Alpha," or "Preview" features. These features are provided as part of the Service but may be incomplete, unstable, or subject to change at any time without notice. Use of Beta or Alpha features is at your sole risk.

3. Account Registration and Security

3.1 Account Eligibility

By creating an account, you represent that:

• You are at least 18 years old or the legal age of majority in your jurisdiction;
• You are authorized to bind the organization you represent (if applicable) to this Agreement;
• The information you provide during registration is accurate and complete;
• You will maintain the security of your account credentials.

3.2 Account Security

You are responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised.

4. Fees and Payment

4.1 Subscription Model

The Service is offered on a monthly subscription basis. Payments are processed through Stripe, our third-party payment processor. Accepted payment methods include credit cards and debit cards. Prices exclude taxes; applicable taxes are handled as described in the Subscription & Cancellation Policy.

4.2 Automatic Renewal

Your subscription will automatically renew at the end of each billing cycle. You will be notified at least 7 days before the renewal date. If you cancel automatic renewal before the renewal date:

• Your subscription will be cancelled at the end of the current billing period;
• Your service instance will be automatically released when the period ends;
• You will not be charged for the next period.

4.3 Trial Period

The Starter tier includes a 7-day free trial, with no credit card required to start the trial. No subscription fees are charged during the trial.

At the end of the trial:

• If you have added a valid payment method before the trial ends and your automatic-renewal authorization remains in effect, your existing subscription converts to a paid monthly subscription upon successful collection of the first payment. You continue using the same Cluster; you do not need to create a new subscription or reprovision the Cluster.
• If you have not added a payment method, your trial subscription is automatically cancelled and your Cluster is released. No subscription fees are charged.
• If you have cancelled automatic renewal, your trial ends at its scheduled expiration, your Cluster is released, and the subscription does not convert to a paid subscription.

4.4 Refund Policy

TapState does not offer voluntary refunds. Except where a refund is required by applicable law, all subscription fees are non-refundable. Subject to that exception, this includes:

• Cancellation of service at any point during a paid billing period — you will continue to have access to the Service until the end of the period, but no portion of the fee will be refunded;
• Trial periods — no charges are made during the trial, so there is nothing to refund.

4.5 No Proration

Except where required by applicable law, we do not offer prorated fees or refunds for partial use of a billing period. If you cancel mid-period, you keep access until the period ends.

5. Restrictions on Use

You agree not to:

• Use the Service in violation of any applicable law or regulation;
• Interfere with or disrupt the Service, its infrastructure, or other customers' use of the Service;
• Attempt to reverse engineer, decompile, or disassemble the Service (except where such restriction is not permitted by law);
• Use the Service to process or transmit malicious code, viruses, or other harmful content;
• Resell, sublicense, or redistribute the Service to third parties without our prior written consent;
• Use the Service to violate the intellectual property rights, privacy rights, or other rights of any third party.

6. Data Ownership

6.1 Your Data

You retain ownership of all data you upload, process, or generate through the Service ("Customer Data"). We do not claim any ownership rights to your Customer Data. You grant us a limited, non-exclusive, worldwide license to access, process, and store your Customer Data solely for the purpose of providing the Service to you.

6.2 TapState Data

The Service itself, including its software, infrastructure, interfaces, and configuration, is owned by TapState and protected by intellectual property laws. You may not copy, modify, or distribute any part of the Service except as expressly authorized in writing.

6.3 Aggregated Usage Data

We may collect and use aggregated, anonymized usage statistics to improve our products and services. This data does not identify you or your organization.

7. Disclaimers

7.1 Service Availability

The Service is provided on an "as is" and "as available" basis. We do not guarantee that the Service will be uninterrupted, error-free, or secure. We reserve the right to modify, suspend, or discontinue any part of the Service at any time without notice.

7.2 No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAPSTATE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.3 Data Security Disclaimer

While we implement industry-standard security measures, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security of your data.

7.4 Beta Services Disclaimer

Beta, Alpha, and Preview features are provided for testing and evaluation purposes only. These features may contain defects, may change without notice, and may be discontinued at any time. Use of such features is entirely at your own risk.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAPSTATE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, SAVINGS, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL TAPSTATE'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO TAPSTATE FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM AND (B) ONE HUNDRED US DOLLARS (USD $100).

The limitations in this Section do not apply to liability for breach of confidentiality, for fraud, gross negligence or wilful misconduct, or that cannot be limited or excluded under applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless TapState, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses arising out of:

• Your use of the Service in violation of this Agreement;
• Your violation of any applicable law or regulation;
• Your violation of any third-party rights, including intellectual property rights;
• Any malicious or unauthorized content you may have uploaded to or processed through the Service.

10. Service Interruption and Termination

10.1 Service Interruptions

We may temporarily suspend or interrupt the Service for maintenance, upgrades, or other operational reasons. We will use reasonable efforts to provide advance notice for scheduled maintenance.

10.2 Termination by You

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. During the remaining period, you will continue to have access to the Service. Data handling following Cluster release is described in Section 10.5.

10.3 Termination by TapState

We may suspend or terminate your access to the Service immediately, without prior notice, if you:

• Violate this Agreement;
• Engage in fraudulent or abusive behavior;
• Engage in activities that may harm the Service or other customers.

10.4 Non-Payment

If a payment fails, the Subscription & Cancellation Policy governs the past-due period, payment retries and the resulting cancellation and Cluster release.

10.5 Effect of Termination

Upon termination or expiration:

• Your right to use the Service ceases immediately (except for the remainder of your paid period if cancelled by you);
• Any provisions of this Agreement that by their nature should survive termination (including Data Ownership, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution) will survive.

Data handling after termination or Cluster release:

• Customer-owned Atlas data: Releasing a TapState Cluster does not itself delete business data stored in your own MongoDB Atlas cluster. You remain responsible for managing and backing up that data and for the associated Atlas charges.
• TapState-managed Cluster data: Cluster configuration, runtime state, stored connection credentials and replication checkpoints are cleaned up as part of resource release. There is no guaranteed 14-day retrieval or recovery period after release. Arrange any necessary exports and backups before the Service ends; this provision does not promise an export or restore capability.
• Account, billing and support records: These records are retained separately for the purposes described in the Privacy Policy and as required by applicable law; Cluster release does not automatically delete all such records.
• Backup copies, if any: Residual copies are removed according to the applicable backup lifecycle, subject to legal retention requirements. They are not a customer recovery service, and we do not promise that every backup copy will be deleted within 14 days.

Nothing in this Section limits obligations under applicable data protection law or the Data Processing Addendum.

11. Inactive Account Policy

An account is inactive when it has no active or trial subscription and no user has signed in for 120 consecutive days. We may close and delete an inactive account after notifying the account email address at least 30 days in advance. Records we must keep by law are retained as described in the Privacy Policy.

12. Changes to This Agreement

We will notify you of material changes at least 30 days before they take effect, by email and in the Service. Material changes apply to you once you accept them in the Console, where you will be asked to confirm at your next sign-in. If you do not accept, you may cancel automatic renewal in accordance with Section 10.2; the version you last accepted continues to apply until the end of your current paid period. Non-material changes (such as clarifications or updated contact details) take effect when published.

Cancellation in response to a change to this Agreement does not entitle you to a voluntary or prorated refund. The refund policy in Section 4.4 applies. Nothing in this Agreement excludes or limits any refund entitlement or other right or remedy that cannot lawfully be excluded or limited under applicable law.

13. Governing Law and Dispute Resolution

13.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from or relating to this Agreement or your use of the Service shall be submitted to and exclusively resolved by the courts of the Hong Kong Special Administrative Region.

13.3 Language

These Terms of Service and all related documents are provided in English. Any translation provided is for convenience only and the English version shall be the authoritative version.

14. Contact Information

For questions about this Agreement, please contact us at:

TAPDATA HONG KONG LIMITED
#557, 5/F, Building 19W, 19 Science Park West Avenue
Hong Kong SAR
Business Registration No. 73028663-000-05-21-A

Email: support@tapstate.com