Terms of Use

1. Who we are and these terms

ClapIn is operated by Clapback Labs, LLC, a Texas limited liability company doing business as ClapIn ("ClapIn," "we," "us"). These Terms of Use ("Terms") govern your use of the ClapIn platform, including the ClapIn Studio and ClapIn Pass apps, the web versions of those apps, and getclapin.com (together, the "Service").

By creating an account, checking the box that says you agree, or otherwise using the Service, you agree to these Terms, our Privacy Policy and, if you use one of our apps, our End User License Agreement. If you're using the Service for an organization, you agree on behalf of that organization and confirm you have authority to bind it. In that case "you" includes the organization. If you don't agree, don't use the Service.

2. Definitions

• Organizer: an organization, or a person acting for one, that sets up and runs events on ClapIn Studio. This includes the organization's administrators and the staff it invites.
• Attendee: anyone who joins an event in ClapIn Pass, whether or not they create an account.
• Event: an event an Organizer creates on the Service, along with its schedule, branding, content and Event Code.
• Event Code: the code an Organizer shares so Attendees can open its Event.
• Organizer Content: everything an Organizer puts into the Service, including branding, schedules, speaker and sponsor information, documents, announcements and Attendee Information.
• Attendee Information: personal information about Attendees that an Organizer imports, collects or manages through the Service, such as a registration roster or check-in records.
• User Content: anything an Attendee or staff member posts or sends through the Service, such as messages, channel posts and feedback.

3. Eligibility and age

You must be at least 18 years old to create an Organizer account or to accept these Terms on an organization's behalf.

To use ClapIn Pass, you must be at least 18, or be at least 13 and attending an Event that its Organizer has opened to younger attendees, with the permission of a parent or legal guardian. A parent or guardian who gives that permission agrees to these Terms for the minor and is responsible for the minor's use of the Service.

The Service is not for children under 13. Children under 13 may not use ClapIn Pass or create an account, and Organizers may not use the Service to collect personal information from children under 13. If we learn that we hold personal information from a child under 13, we will delete it (see our Privacy Policy).

You may not use the Service if you are barred from doing so under the laws that apply to you, or if we have previously closed your account for violating these Terms.

4. Accounts and Event Codes

Some features let you take part without an account. Others need you to sign in with an email and password, Google or Apple. You agree to give accurate information, keep your sign-in details secure, and tell us promptly at hello@getclapin.com if you think someone else has accessed your account. You are responsible for what happens under your account.

Event Codes, staff links and staff access codes are how Events are protected. Organizers should share them only with the people meant to have them and should regenerate or revoke them if they leak. Anyone holding a valid Event Code can open that Event in ClapIn Pass.

5. Organizers

5.1 Your responsibilities

As an Organizer you are responsible for your Events, your Organizer Content, and the people you invite as administrators or staff. You agree that:

• you have all the rights and permissions needed to upload and use your Organizer Content, including logos, images, documents and speaker and sponsor details;
• you have a lawful basis for any Attendee Information you bring into the Service, you have given Attendees any notices the law requires, and you have obtained any consents the law requires, including a parent's or guardian's consent for minors;
• you will not import or collect personal information about children under 13, or sensitive information (such as health, financial-account or government ID numbers) that the Service isn't designed to hold;
• you will use Attendee Information only to run your Events and for purposes you have disclosed to Attendees, and will comply with the privacy, anti-spam and consumer-protection laws that apply to you; and
• you are responsible for the Event itself, including what you promise Attendees, how it is run, and the physical venue. ClapIn is not the organizer or host of any Event.

5.2 How we handle Attendee Information for you

For Attendee Information, you decide why and how it is processed, and we act as your service provider. We will:

• process Attendee Information only to provide, secure, support and improve the Service for you, as you direct through your use of it, or as the law requires;
• not sell it, not use it for advertising, and not combine it with data from other Organizers to profile anyone;
• keep it logically separated from other Organizers' data and protect it with reasonable administrative, technical and physical safeguards;
• require our service providers (sub-processors) to protect it to a comparable standard. We list them in our Privacy Policy;
• notify you without undue delay, and in any event within 72 hours, after we confirm a security incident that compromised your Attendee Information, and help you meet any notice duties you have;
• help you respond to Attendees who ask to see, correct or delete their information; and
• delete or return your Attendee Information when you ask us to delete an Event or close your account, as described in Section 14, except for limited copies we must keep by law or that remain in backups until they cycle out.

If your organization needs a signed data processing agreement, write to us at hello@getclapin.com.

5.3 Staff and administrators

You can give other people access to your Events. You are responsible for choosing them, for the access level you give them, and for their actions in the Service. Remove access when someone no longer needs it.

6. Attendees

When you join an Event, you interact with the Organizer running it. The Organizer decides what the Event includes, what information it asks for, and how it uses Attendee Information, under its own policies. Questions about an Event, such as schedules, tickets, refunds, accommodations or how an Organizer uses your data, should go to the Organizer. ClapIn does not run Events and is not responsible for them or for what happens at them.

Organizers can see certain information about Attendees of their Events, such as your name, check-in status, the messages you send to event staff, and posts you make in an Event's community channels. Our Privacy Policy explains what they can see.

7. Your content

You keep ownership of your Organizer Content and User Content. You give ClapIn a worldwide, non-exclusive, royalty-free license to host, store, copy, process, adapt (for example, to resize an image or format a schedule), display and transmit that content, but only as needed to run, secure, support and improve the Service, and to show it to the people you've chosen to share it with. This license ends when the content is deleted from the Service, except for copies kept in backups or as required by law, and except for content others have already received (for example, a message already delivered).

Organizers also let us show their organization's name and logo as a ClapIn customer, unless they ask us not to by writing to hello@getclapin.com.

You are responsible for your content. We don't review content before it's posted, but we may remove or restrict content that we reasonably believe breaks these Terms or the law, or that puts other people at risk.

8. Acceptable use

You agree not to use the Service to, or to try to:

• break any law or regulation, or help someone else do so;
• post or send content that is unlawful, defamatory, harassing, threatening, hateful, sexually explicit, exploitative of minors, or that promotes violence or self-harm;
• post or send content we reasonably consider objectionable, including content that is deceptive, abusive or inappropriate for a general event audience, even if it is not unlawful;
• impersonate anyone, or misrepresent your connection to an organization or Event;
• infringe anyone's intellectual property, privacy or publicity rights;
• send spam or unsolicited bulk messages, or collect other users' personal information without their permission;
• access an Event, account or data you aren't authorized to access, including by guessing Event Codes or reusing staff links that weren't given to you;
• probe, scan or test the Service's security, or get around any access control, rate limit or usage limit, except through a responsible-disclosure report to us;
• upload malware, or interfere with or overload the Service;
• scrape the Service, or copy, reverse-engineer or build a competing product from it, except as the law expressly permits; or
• use the Service for high-risk purposes where its failure could cause death, injury or serious harm, such as emergency response or life-safety systems.

You can report content or behavior that breaks these rules with Send feedback in the app, or by writing to hello@getclapin.com. Organizers can moderate their own Event's channels. We review reports and act on them, which can include removing content and suspending the people responsible.

9. Copyright complaints

We respect intellectual property rights and respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act. If you believe content on the Service infringes your copyright, send a notice to hello@getclapin.com with the subject line "Copyright notice" that includes:

1. your physical or electronic signature;
2. identification of the copyrighted work you say is infringed;
3. identification of the material you say is infringing, with enough detail for us to find it (for example, the Event name and where the material appears);
4. your name, address, telephone number and email address;
5. a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and
6. a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.

If your content was removed and you believe that was a mistake, you can send us a counter-notice as the DMCA describes. We will close the accounts of repeat infringers in appropriate circumstances.

10. Early access, fees and changes

ClapIn is in early access. Features may be incomplete, may change or may be removed, and the Service may sometimes be unavailable. Early-access features are provided for evaluation, and we don't offer a service-level commitment during early access.

The Service is currently free of charge. We plan to introduce paid plans and add-ons. Before any feature you already use starts to cost money, we'll tell you in advance and you'll need to agree to the price and any additional terms before you're charged. Nothing in these Terms obligates you to buy anything.

We may change the Service at any time. We may also update these Terms. If a change is material, we'll give you reasonable notice before it takes effect, for example by email or in the app, and where the law requires, we'll ask you to accept the updated Terms. If you keep using the Service after a change takes effect, you accept it. If you don't agree, stop using the Service and close your account.

11. Event tickets and in-event balances

ClapIn does not sell event admission and does not process payments today. Entrance tickets, check-in codes and any in-event balance (for example, food or drink tickets an Organizer issues for use at its Event) are issued and controlled by the Organizer for that Event only. They have no cash value, can't be transferred, exchanged or redeemed for cash through ClapIn, and expire when the Organizer's Event ends unless the Organizer says otherwise. Questions about purchases, refunds or balances go to the Organizer. If we add payments in the future, separate terms will apply and will be presented to you before you pay.

12. Our property and feedback

The Service, including its software, design, the Linen design system, and the ClapIn, ClapIn Studio and ClapIn Pass names and logos, belongs to ClapIn and its licensors and is protected by intellectual property laws. Except for the limited rights these Terms and our End User License Agreement give you, we reserve all rights. You may not use our names or logos without our written permission, except to refer to the Service accurately.

If you send us ideas, suggestions or feedback, we may use them without any obligation to you. Feedback doesn't change who owns your content.

13. Third-party services

The Service relies on, and may link to, services operated by others, such as sign-in with Google or Apple, app stores, maps, and websites Organizers or sponsors link to. Those services have their own terms and privacy policies, and we are not responsible for them.

14. Suspension and termination

You can stop using the Service at any time. Organizers can ask us to delete an Event, and anyone with an account can delete it from Settings in the app or by writing to hello@getclapin.com.

We may suspend or end your access, or remove an Event, if you materially or repeatedly break these Terms, if your use creates legal risk or puts others at risk, if the law requires it, or if we stop offering the Service. Where it's reasonable and lawful, we'll give notice first and, for Organizers, a chance to export Organizer Content. If we stop offering the Service entirely, we'll give Organizers at least 30 days' notice.

Sections 7 (the parts covering content already shared and retained copies), 9, 12, 15, 16, 17 and 18, and any other terms that by their nature should survive, survive the end of these Terms.

15. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent the law allows, ClapIn disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising from course of dealing or usage of trade. We don't warrant that the Service will be uninterrupted, error-free or secure, that it will work without a network connection, or that it will meet your needs. ClapIn is not responsible for Events, Organizers, Attendees, venues, or content provided by others.

Some places don't allow these disclaimers, so some of them may not apply to you.

16. Limits on liability and indemnity

To the fullest extent the law allows, ClapIn and its members, managers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, revenue, data, goodwill or business opportunity, arising out of or relating to the Service or these Terms, even if we were told such damages were possible. Our total liability for all claims arising out of or relating to the Service or these Terms is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the event giving rise to the claim, and (b) one hundred U.S. dollars (US$100).

These limits apply to every legal theory, including contract, tort (including negligence) and statute, and they apply even if a remedy fails of its essential purpose. They don't limit liability that the law doesn't allow to be limited, such as liability for fraud or for gross negligence or willful misconduct where the law prohibits limiting it.

Indemnity. If you are an Organizer, you will defend and indemnify ClapIn against third-party claims, and the resulting losses, damages, fines and reasonable legal fees, arising from your Events, your Organizer Content (including Attendee Information you collected or imported without a proper legal basis), or your breach of these Terms or the law. We'll tell you promptly about any claim and let you control its defense, but you may not settle a claim in a way that admits fault for us or binds us without our consent.

17. Disputes and arbitration

Please read this section carefully. It requires most disputes to be resolved through individual binding arbitration rather than in court, and it waives your right to a jury trial and to take part in a class action.

17.1 Talk to us first

Before starting arbitration or a court case, the party with a claim must send the other a written notice describing it and the relief sought. Our address for notices is hello@getclapin.com. We'll use the email address on your account. Both sides will try in good faith to resolve the dispute informally for 60 days.

17.2 Agreement to arbitrate

If we can't resolve it, you and ClapIn agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service, including questions about whether this section applies, will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, for Organizers using the Service for business, its Commercial Arbitration Rules), as modified by this section. The Federal Arbitration Act governs this section. The arbitration will take place in Denton County, Texas, unless you and we agree otherwise. If you're a consumer, you may choose to take part by video or telephone, or to have the hearing held in the county where you live. The arbitrator may award the same individual relief a court could, but only for the individual party seeking it. AAA's rules are available at adr.org. Fee payments will follow AAA's rules, and for consumer claims we will pay any fees those rules assign to the business.

17.3 Exceptions

Either side may bring an individual claim in small-claims court if it qualifies, and either side may ask a court to stop infringement or misuse of its intellectual property.

17.4 Class action waiver

You and ClapIn may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of more than one person.

If this class-action waiver is found unenforceable for a particular claim, that claim (and only that claim) will be decided in court, not in arbitration.

17.5 Your right to opt out

You can opt out of this arbitration agreement by emailing hello@getclapin.com with the subject line "Arbitration opt-out" within 30 days after you first accept these Terms. Include your name and the email address on your account. Opting out won't affect any other part of these Terms or your use of the Service.

17.6 Courts and governing law

These Terms are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict-of-law rules. Any dispute that is not arbitrated will be decided only in the state or federal courts located in Denton County, Texas, and you and ClapIn consent to their jurisdiction. If you are a consumer, this does not take away any protection given to you by the mandatory laws of the place where you live.

18. General terms

• Entire agreement. These Terms, the Privacy Policy, the End User License Agreement, and any additional terms you accept for a specific feature or order are the whole agreement between you and ClapIn about the Service. If a signed written agreement between ClapIn and an Organizer conflicts with these Terms, the signed agreement controls for that Organizer.
• Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, including outages of the internet, cellular networks, venue Wi-Fi, cloud providers or app stores, power failures, natural disasters, labor disputes, government action, or attacks on our systems.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them in connection with a merger, acquisition, reorganization or sale of assets, or to an affiliate.
• Severability and waiver. If any part of these Terms is unenforceable, the rest stays in effect. Not enforcing a term is not a waiver of it.
• Notices. We may send you notices by email, in the app, or by posting on getclapin.com. You may send us notices at hello@getclapin.com.
• Export and sanctions. You may not use the Service in violation of U.S. export control or sanctions laws.
• No third-party beneficiaries, except as stated in the End User License Agreement.
• Headings and summaries are for convenience and do not change the meaning of these Terms. "Including" means "including without limitation."

19. Contact

Clapback Labs, LLC, doing business as ClapIn
Texas, United States
Email: hello@getclapin.com

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