TAPP Community Edition – End-User Licence Agreement 5.0
BY SELECTING “GET IT NOW”, DOWNLOADING, INSTALLING OR USING THE TAPP COMMUNITY EDITION (“TAPP CE”), YOU AGREE TO THESE TERMS. IF YOU ACCEPT ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY. THESE TERMS APPLY ONLY TO TAPP CE AND DO NOT INCLUDE SUPPORT, SLA, IMPLEMENTATION OR INDEMNITIES. IF YOU LATER EXECUTE A PAID TAPP PRO OR TAPP PREMIUM AGREEMENT, THAT LATER AGREEMENT WILL SUPERSEDE THESE TERMS FROM ITS EFFECTIVE DATE.
1. DEFINITIONS
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
‘Agreement’ means this Bluefort TAPP Community Edition End-User Licence Agreement (EULA).
‘AppSource’ means Microsoft’s AppSource distribution channel.
‘Community Edition’ or ‘CE’ means the no‑charge edition of TAPP with no support/SLA/implementation and additional limitations stated herein.
‘Licensor’ shall mean Bluefort Limited; a company incorporated and registered in Malta with company number C 66163 whose registered office is at Ardent Business Centre, Oratory Street, Naxxar, NXR2504, Malta;
‘Licensee’ shall mean and refer to you as the authorised user of the Licensed Program following your acceptance of the terms of this Agreement;
‘License Guide’ means Bluefort’s licensing guide as updated from time to time (currently available at https://bluefort.io), which describes product dependencies and conditions; for TAPP, the guide notes TAPP CE is downloadable for free via Microsoft AppSource and that customers must abide by the end‑user terms of integrated providers (e.g., GoCardless, Stripe, Adyen). In a conflict between this EULA and the License Guide, this EULA precedes;
‘Intellectual Property Rights’ means all vested contingent and future intellectual property rights including but not limited to copyright, trade marks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions, get-up, database rights and any applications for the protection or registration of these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future created to which the Licensor may be entitled;
‘License’ means the license to the Licensed Programs granted in terms of the present Agreement;
‘Licensed Program’ means TAPP Community Edition for Microsoft Dynamics 365 (Finance/Operations, Business Central, or Sales), including any Updates/Upgrades made generally available by Bluefort for CE;
‘License Key’ shall refer to any files or codes which, like a key, give access to the Licensor Software to be able to use the Licensor Software;
‘Program Documentation’ means the operating manuals, user instructions, technical literature and all other related materials in eye-readable form which may be supplied to the Licensee by the Licensor for aiding the use and application of the Licensed Program;
‘Third‑Party Payment Providers’ means integrated providers used with TAPP (including, at the time of this EULA, GoCardless, Stripe, Adyen and any other providers Bluefort may enable). You must comply with each provider’s own terms.
‘Update’ means all content related to the Licensed Program, including, without limitation, all DATs, signature sets, policy updates, and database updates for the Licensed Program, and that are made generally available by the Licensor;
‘Upgrade’ means any and all improvements in the Licensed Program that are made generally by the Licensor;
‘LCS’ means Lifecycle Services for Microsoft Dynamics; a collaboration portal that provides an environment and a set of regularly updated services that helps manage the application lifecycle of implementations of Dynamics 365 apps;
‘Usage Telemetry’ shall refer to the usage and performance of the Licensed Program. This information includes but is not limited to, the number of named users making use of the Licensed Program, and the usage counts of the Licensed Program provisioned on the Licensee’s LCS environments.
2. GRANT OF LICENCE
2.1 The Licensor grants to the Licensee a revocable, non‑exclusive, non‑transferable, non‑sublicensable, limited license to install and use TAPP CE solely for Licensee’s internal business purposes, in accordance with this EULA and any usage instructions in the Program Documentation.
2.2 The Licensed Program is strictly confidential to the Licensor, and the Licensor exclusively owns and reserves all right, title, and interest in and to the Licensed Program, including, without limitation, all intellectual property rights in, except to the extent of license granted to the Licensee in terms of this Agreement.
2.3 This Agreement is not an agreement of sale, and no title, intellectual property rights, or ownership rights to the Licensed Program are transferred to the Licensee. Pursuant to this Agreement, the Licensed Program and all ideas, methods, algorithms, formulae, processes, and concepts used in developing or incorporated into the software, all future Updates and Upgrades, and all other improvements, revisions, corrections, bug-fixes, patches, modifications, enhancements, releases, DATs, signature sets, upgrades, and policy and database updates and other updates in, of, or to the Licensed Program, all derivative works based upon any of the foregoing, and all copies of the foregoing are trade secrets and the intellectual property of the Licensor.
2.4 The Licensee is licensed to use TAPP CE only per this EULA and the then‑current License Guide; if they conflict, this EULA governs.
2.5 Licensee grants the Licensor the right to collect and process usage and performance telemetry for TAPP CE (e.g., version, environment, API calls) to improve quality and verify compliance. Telemetry is processed per Bluefort’s privacy notices; no payment card data is collected by Bluefort via telemetry.
2.6 Licensee is granted the right to use the Licensed Program. Licensor may apply technical or usage limits appropriate for the free edition and may modify such limits at any time. It shall be the sole responsibility of Licensee to ensure that users do not violate the terms and conditions of this agreement, that the total amount of actions and named users are not superseded and that the Subsidiaries accept in a legally binding way to be bound by the terms and conditions stated in this agreement before granting the Subsidiaries access to the Licensor Software. Licensee indemnifies Licensor for any breach of this agreement by its Subsidiaries or users. Where Licensee fails to fulfil this obligation, it shall be deemed a breach of this agreement, and such breach shall entitle Licensor to terminate this agreement and pursue all remedies available to it;
2.7 The Licensed Program is distributed via Microsoft AppSource and/or in‑product download flows. For Dynamics 365 Finance & Operations environments, related assets may be delivered via LCS; for Business Central and Sales, distribution follows Microsoft’s standard mechanisms. Licensor may issue a License Key where technically required and may change activation methods without notice.
2.8 The Licensor will only support the latest generally available TAPP CE version; updates may be required to continue use. The Licensed Program includes no SLA and no guaranteed response to incidents.
2.9 Production Caution. The Licensed Program may be deployed to production at Licensee’s discretion; however, the Licensor strongly recommends against production use without a paid support plan. Any such use is at Licensee’s sole risk.
3. RESTRICTIONS ON ALTERATIONS
3.1 Subject to clause 3.2, the Licensee undertakes not to translate, adapt, vary, modify, disassemble, decompile or reverse engineer the Licensed Program or License Key without the Licensor’s prior written consent.
3.2 Notwithstanding clause 3.1 in the case of reverse analysis where permitted by applicable law, the Licensee may incidentally decompile the Licensed Program only if it is essential to do so in order to achieve interoperability of the Licensed Program with another software program or hardware (‘Permitted Purpose’) and provided the information obtained by the Licensee during such decompilation is only used for the Permitted Purpose and is not disclosed or communicated to any third party without the Licensor’s prior written consent and is not used to create any software which is substantially similar to the expression of the Licensed Program nor used in any manner which would be restricted by copyright.
3.3 Notwithstanding clause 3.1, the Licensee undertakes to first consult the Licensor regarding any data the Licensee requires in order to achieve interoperability or to deduce underlying ideas and principles so that the Licensor may consider making the same available to the Licensee (without the Licensee having to rely on clause 3.2) subject to the restrictions on disclosure set out in clause 3.2.
3.4 The Licensed Program must not be used to develop a competing product or to circumvent usage limits.
3.5 The Licensed Program must not be used where payment flows require PCI DSS obligations from the Licensor ; all payment credentials and payment processing are subject to the Third‑Party Payment Providers’ own platforms and terms.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 The Licensed Program and the Intellectual Property Rights of whatever nature in the Licensed Program, or any part thereof, including any Update or Upgrade, are and shall remain the property of the Licensor, and any act in violation of the Licensor’s copyright in the Licensed Program, including but not limited to the reproduction, distribution, transmission, adaptation and/or modification of the Licensed Program or License Key, or the making available of the Licensed Program to the public (’Unauthorised Use’), shall constitute a breach of the Licensor’s Intellectual Property Rights, provided that the Licensee is allowed to perform any acts necessary to observe, study or test the functioning of the Licensed Program as long as these acts do not infringe the copyright in that program.
4.2 The Licensee shall notify the Licensor immediately if the Licensee becomes aware of any Unauthorised Use of the whole or any part of the Licensed Program by any person.
4.3 If a third party claims that the Licensed Program, as provided by the Licensor and used per this EULA, infringes its Intellectual Property rights, the Licensor may, at its option and expense:
4.3.1 procure the right for Licensee to continue using the Licensed Program;
4.3.2 modify the Licensed Program to make it non‑infringing; or
4.3.3 terminate this EULA and Licensee’s rights to use the Licensed Program.
This Clause 4.3 sets out Licensee’s sole and exclusive remedy for any such claim. The Licensor provides no indemnity for the Licensed Program.
4.4 The Licensor shall have no liability for any Intellectual Property Claim resulting from the use of the Licensed Program in combination with any other software programs not supplied or approved by the Licensor.
5. WARRANTIES
5.1 As‑Is. The Licensed Program is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind (express, implied, statutory or otherwise), including warranties of merchantability, fitness for a particular purpose, non‑infringement, or uninterrupted/error‑free operation.
5.2 Third‑Party Providers. The Licensor makes no warranty regarding Third‑Party Payment Providers or other third‑party services or plugins used with the Licensed Program; Licensee must comply with their terms (currently GoCardless, Stripe, Adyen and with others possibly added).
5.3 No Professional Advice. The Licensed Program is not intended to ensure compliance with PCI DSS, PSD2/SCA, tax, accounting, or other obligations; Licensee remains solely responsible for its compliance.
6. LIABILITY
6.1 In no event will the Licensor be liable for any damages resulting from loss of data or use, lost profits, loss of anticipated savings, nor for any damages that are an indirect or secondary consequence of the use of the Licensed Program, whether such damages were reasonably foreseeable or otherwise.
6.2 The Licensee hereby expressly agrees that the Licensor’s maximum and total liability under this Agreement shall be limited to €100.
6.3 The Licensee’s statutory rights as a consumer (if any) are not affected. All liability that is not expressly assumed in this Agreement is excluded. These limitations will apply regardless of the form of action, whether under statute, in contract or tort including negligence or any other form of action. For the purposes of this clause, the ‘Licensor’ includes its employees, sub-contractors and suppliers. Nothing in this Agreement shall exclude or limit liability for fraudulent misrepresentation.
7. TERMINATION
7.1 The Licensee may terminate the License at any time by simply uninstalling and/or removing from its system the Licensed Program. In any such event it is incumbent on the Licensee to duly inform in writing the Licensor of its intention not to maintain the License.
7.2 The Licensor may terminate this EULA at any time, with or without cause, by notice (including in‑product or email notice). Termination is effective immediately unless a later date is specified.
7.3 The Licensor may terminate the License forthwith on giving notice in writing to the Licensee if the Licensee commits any serious breach of any term of this Agreement and (in the case of a breach capable of being remedied) shall have failed, within fifteen (15) days after the receipt of a request in writing from the Licensor to do so, to remedy the breach (such request to contain a warning of the Licensor’s intention to terminate).
7.4 There shall be no refunds.
7.5 There shall be no liability for any direct or indirect damage caused by the termination of this Agreement in terms of Clause 7.2 and/or 7.3.
9.6 On termination, Licensee must immediately cease use and uninstall the Licensed Program.
8. THIRD-PARTY SERVICES; PAYMENT PROVIDERS
8.1 The Licensed Program may interoperate with Third‑Party Payment Providers (currently including GoCardless, Stripe, Adyen and any other providers the Licensor may enable). Their terms govern those services; The Licensor is not responsible for their availability, performance, security controls, or fees, and does not process or store payment card credentials on their behalf. Licensee is solely responsible for onboarding, KYC, chargebacks, PSD2/SCA and other obligations imposed by such providers or applicable law.
9. DATA PROTECTION
9.1 The parties will comply with applicable data protection laws. For the Licensed Program, the Licensor generally acts as an independent controller for telemetry and related diagnostic data and does not act as processor of Customer Personal Data. If Licensee later purchases paid services (e.g., support or implementation) that make the Licensor a processor, the parties will enter into the Licensor’s Data Processing Agreement at that time.
10. INTERPRETATION
10.1 In this Agreement unless the context otherwise requires:
10.1.1 words importing any gender include every gender;
10.1.2 words importing the singular number include the plural number and vice versa;
10.1.3 words importing persons include firms, companies and corporations and vice versa;
10.1.4 references to numbered clauses and schedules are references to the relevant clause in or schedule to this Agreement;
10.1.5 reference in any schedule to this Agreement to numbered paragraphs relate to the numbered paragraphs of that schedule;
10.1.6 the headings to the clauses, schedules and paragraphs of this Agreement will not affect the interpretation;
10.1.7 any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment;
10.1.8 any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
10.1.9 any party who agrees to do something will be deemed to fulfil that obligation if that party procures that it is done.
10.2 In the case of conflict or ambiguity between any provision contained in the body of this Agreement and any provision contained in any schedule, the provision in the body of this Agreement shall take precedence.
11. AGENCY, PARTNERSHIP
This Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in this Agreement.
12. ENTIRE AGREEMENT
For the Licensed Program, this EULA is the entire agreement and supersedes any prior terms. If Licensee later enters into a signed paid agreement for TAPP Pro or TAPP Premium (including an order form and product schedule), that paid agreement supersedes and replaces this EULA as of its effective date; any continued use of the Licensed Program after that date is deemed use under the paid agreement.
13. FORCE MAJEURE
Neither party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that party. If such circumstances continue for a continuous period of more than three (3) months, either party may terminate this Agreement by written notice to the other party.
14. NOTICES
14.1 All notices under this Agreement shall be in writing.
14.2 Notices shall be deemed to have been duly given:
14.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
14.2.2 when sent, if transmitted by fax or e-mail and a successful transmission report or return receipt is generated; or
14.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
14.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid, in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other party.
14.2.5 when displayed in‑product or via AppSource messaging, upon display.
15. CHANGES TO THE AGREEMENT
15.1 The Licensor may, in its discretion and subject that this is always done in line with applicable legislation, make changes to the present Agreement at any time, provided that notice of any such change shall be given to the Licensee by virtue of an automated message or by email. The Licensor may post changes in‑product or via AppSource; continued use after changes take effect constitutes acceptance.
16. SEVERANCE
If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
17. WAIVER
No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.
18. LANGUAGE
This Agreement is made only in the English language. If there is any conflict in the meaning between the English language version of this Agreement and any version or translation of it in any other language, the English language version shall prevail.
19. PROPER LAW AND JURISDICTION
20.1 This Agreement and all matters arising from it and any dispute resolutions referred to below shall be governed by and construed in accordance with Maltese law notwithstanding the conflict of law provisions and other mandatory legal provisions save that:
20.1.1 the Licensor shall have the right to sue to recover its fees in any jurisdiction in which the Licensee is operating or has assets; and
20.1.2 the Licensor shall have the right to sue for breach of its intellectual property rights and other proprietary information and trade secrets (‘IPR’) (whether in connection with this Agreement or otherwise) in any country where it believes that infringement or a breach of this Agreement relating to its IPR might be taking place. For the avoidance of doubt, the place of performance of this Agreement is agreed by the parties to be the Maltese Republic.
20. COMPLIANCE WITH RELEVANT LAW
Both parties will comply with all applicable laws, rules and regulations in respect of all activities conducted under this Agreement.