Last Updated: 10 January 2026
1. Acceptance of Terms
By accessing this website, creating an account, or submitting any content ("Content") to Tapt Agency ("Tapt", "we", "us"), you agree to these Terms & Conditions ("T&Cs"), which form a legally binding contract under Hong Kong law.
2. Creator Account & Eligibility
You must be at least 18 years old and legally capable of entering into contracts.
By providing personal data, you acknowledge and agree to our Personal Information Collection Statement (PICS) as set out in our Privacy Policy.
We may suspend or terminate your account for any violation of these T&Cs.
3. Independent Contractor Status
All relationships between you and Tapt are on an independent contractor basis only. Nothing in these T&Cs creates an employment, partnership, joint venture, or agency relationship.
As an independent contractor:
• You control how and when you complete projects, subject to agreed deadlines
• You provide your own equipment, software, and workspace
• You are free to work with other clients and agencies
• You are responsible for your own taxes, insurance, and statutory obligations
• You are not entitled to employee benefits such as MPF contributions, statutory leave, or minimum wage protections under the Employment Ordinance
• You may decline project offers without penalty
• Tapt does not supervise your daily work or provide ongoing direction beyond project-specific briefs
Project-Specific Terms: For each accepted project, you and Tapt will agree on specific deliverables, timelines, and compensation in a separate Service Agreement.
4. Non-Circumvention & Direct Contact Prohibition
4.1 Mutual Non-Circumvention Obligation
To protect Tapt's business relationships and platform value, both Creators and Tapt's clients agree not to circumvent Tapt by directly contacting or engaging each other for services outside the Tapt platform for a period of 24 months following the completion of any project facilitated through Tapt.
4.2 Prohibited Activities
You agree not to:
Directly solicit, contact, or engage with any Tapt client for content creation services
Share your contact information with Tapt clients outside the Tapt platform
Accept work directly from any Tapt client you first connected with through Tapt
Facilitate or encourage Tapt clients to contact you directly
4.3 Client Obligations
Tapt's clients are similarly bound by identical non-circumvention terms in their agreements with Tapt, prohibiting direct outreach to Creators met through our platform.
4.4 Remedies for Breach
Breach of this section constitutes material breach of these T&Cs and may result in:
Immediate termination of your account
Forfeiture of unpaid fees or bonuses
Liquidated damages equal to 300% of the highest project fee paid to you through that client relationship
Injunction to prevent further direct contact
Liability for Tapt's lost revenue and legal costs
4.5 Permitted Exceptions
This section does not apply to pre-existing relationships where you can demonstrate prior business (with documentation) before connecting through Tapt.
5. Representations & Warranties
You represent and warrant that:
All Content you provide is original to you, and you own or control all rights necessary to grant the licenses in these T&Cs.
Your Content does not infringe any copyright, trademark, privacy, publicity, or other rights of any third party.
Your Content complies with applicable laws in Hong Kong, including laws relating to defamation, false advertising, and obscene or indecent materials.
6. Payments & Taxes
Unless otherwise agreed in a separate written Service Agreement, fees are paid on a flat-fee, per-project basis.
Flat fees only; no royalties, revenue share, performance bonuses, or additional payments are owed in relation to any Content performance or usage scale, unless expressly stated in a separate written Service Agreement signed by both parties.
You are solely responsible for reporting and paying any taxes arising from payments received from Tapt.
7. Content Partnership & Usage License
Tapt aims to help creators collaborate with brands and showcase Content across multiple channels while keeping ownership with the creator.
7.1 Your Ownership
You retain copyright ownership in your Content.
Nothing in these T&Cs transfers copyright ownership of your Content to Tapt.
7.2 License Granted to Tapt
By sharing ANY Content to Tapt (including via upload, email, messaging, file transfer, or any other method), you:
Grant Tapt a non-exclusive, transferable, sublicensable, worldwide, royalty-free license from the date of Content submission to use, reproduce, modify, adapt, edit, distribute, transmit, display, perform, store, and create derivative works from the Content, in whole or in part, in any media and on any platform now known or developed in the future, for the purposes of:
• Fulfilling client campaign requirements for which the Content was commissioned
• Marketing and promoting Tapt's services (with your consent)
• Internal training and quality improvement purposes
Authorize Tapt to sublicense the Content to its clients and partners solely for the specific campaigns and purposes agreed upon in writing for each project.
Authorize Tapt to make reasonable edits to the Content necessary for campaign delivery, including cropping, resizing, reformatting, adding overlays or graphics, changing speed, adding subtitles or voiceovers, and combining with other materials. For substantial modifications that alter the nature or meaning of your Content, Tapt will seek your approval where reasonably practicable.
Authorize Tapt to make edits and optimizations to the Content, including cropping, resizing, reformatting, adding overlays or graphics, changing speed, adding subtitles or voiceovers, and combining with other materials, without further notice or approval.
7.3 Additional Usage Compensation
The license granted in Section 7.2 is covered by the flat fee agreed for each specific project as set out in individual Service Agreements.
Extended Use: If a client wishes to use your Content beyond the scope or duration originally agreed (for example, extending a campaign beyond 12 months or using Content in additional territories not originally specified), Tapt will negotiate additional compensation with you in good faith.
High-Performance Bonus: For Content that significantly exceeds agreed performance benchmarks (to be defined in individual Service Agreements), Tapt may, at its discretion, provide performance-based bonuses or priority access to future high-value opportunities.
7.4 Moral Rights Waiver
To the maximum extent permitted by Hong Kong law, you irrevocably waive and agree not to assert any moral rights (including rights of attribution and integrity) in the Content, as provided under the Copyright Ordinance (Cap. 528).
7.5 Metrics & Analytics
You consent to Tapt and its clients tracking, collecting, and analyzing performance metrics (such as views, clicks, conversions, and engagement) relating to the Content across platforms and campaigns, without any obligation to share such data or pay additional compensation.
7.6 Survival
The license and rights granted in this Section 7 survive termination of your account or any relationship between you and Tapt and remain in force indefinitely.
7.7 Content Opt-Out and Withdrawal Rights
You may request that Tapt cease using specific Content in the following circumstances:
• If the Content is being used in a manner that damages your reputation
• If the Content is being used for purposes materially different from those originally agreed
• If you wish to withdraw Content after the initial campaign period (subject to existing client commitments)
To exercise these rights, contact patrick@tapt.agency with specific details. Tapt will respond within 14 working days and will cease non-committed uses within 30 days where reasonably practicable, provided that:
• Existing client campaigns may continue until their scheduled completion
• Tapt may retain archived copies for legal compliance purposes
• This does not apply to Content already published by third-party clients
8. Confidentiality & Non-Disparagement
You must keep confidential all non-public information received from Tapt or its clients, including briefs, product details, pricing, and campaign information, both during and after your relationship with us.
You agree not to make any false, misleading, or disparaging statements about Tapt, its clients, or their products or services.
9. Indemnity
You agree to indemnify, defend, and hold harmless Tapt, its affiliates, officers, employees, and clients from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
Your breach of these T&Cs;
Any allegation that your Content infringes or violates any third-party rights;
Any violation of law by you or in connection with your Content.
10. Termination
Tapt may suspend or terminate your account or access to the website at any time, with or without notice, for any reason or no reason.
Termination does not affect any rights or licenses previously granted to Tapt or its clients in relation to your Content, which continue in full force and effect.
11. Limitation of Liability
To the maximum extent permitted by law:
Tapt will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with these T&Cs, the website, or any Content.
Tapt’s total aggregate liability to you for all claims arising out of or relating to these T&Cs will not exceed the total fees actually paid by Tapt to you (if any) in the 12 months preceding the event giving rise to the claim.
12. Changes to T&Cs
Tapt may update these T&Cs from time to time.
The updated version will be posted on this page with a revised "Last Updated" date.
Your continued use of the website or submission of Content after any changes constitutes your acceptance of the updated T&Cs.
13. Governing Law & Dispute Resolution
These T&Cs are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
You agree to submit to the exclusive jurisdiction of the courts of Hong Kong for any disputes arising out of or in connection with these T&Cs.
Tapt may, at its discretion, propose mediation or arbitration in Hong Kong as an initial step before court proceedings.
14. Miscellaneous
If any provision of these T&Cs is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
No failure or delay by Tapt in exercising any right under these T&Cs will operate as a waiver of that right.
These T&Cs constitute the entire agreement between you and Tapt regarding the website and general Content submission, and are in addition to any specific Service Agreements for individual projects.
Contact: patrick@tapt.agency | Privacy Policy: https://tapt.agency/privacy-policy-policy