Terms of Use

Last Updated: July 26, 2021

Effective: August 27, 2021

These Terms of Use, together with any documents expressly incorporated by reference herein (these “Terms”), are entered into by and between you and Tappity, Inc., a Delaware corporation (“Tappity”, “Company”, “we”, “us”, or “our”). These Terms govern your access to and use of our website located at https://www.tappityapp.com, the Tappity mobile application, and any of our other websites, applications, and online services that link to these Terms (collectively, our “Services”), whether as a guest or a registered user. 

PLEASE READ THESE TERMS BEFORE USING OUR SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). DO NOT REGISTER FOR AN ACCOUNT FOR, PURCHASE A SUBSCRIPTION TO, OR USE OUR SERVICES IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS.

Our collection, use, and disclosure of information collected from you or a child authorized by you is detailed in our Privacy Policy located at https://www.tappityapp.com/privacy (as amended from time to time, our “Privacy Policy”), which is incorporated by reference into these Terms. Certain features of our Services may be subject to additional guidelines, terms, or rules, which will be posted on the appropriate page of our Services in connection with such features. All such additional terms, guidelines, and rules are also incorporated by reference into these Terms.

By registering an account for, purchasing a subscription to, or using our Services, you acknowledge that you have read and understood these Terms, and agree to be bound by them. In these Terms, “you” refers to users of our Services who are Adults. An “Adult” is a person of legal age who can enter into a contract in the state in which the user resides. You represent and warrant that you are an Adult, that you have the right, authority, and capacity to enter into these Terms, and that you will be responsible for ensuring that any child authorized by you to use and access our Services does so in accordance with these Terms.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

We may update these Terms from time to time at our sole discretion. Your continued use of our Services following the publication of any amended Terms shall signify your acceptance of such amended Terms, except where we are otherwise required by law to seek your direct consent.

Accounts and Purchases

A. Account Creation

In order to use certain features of our Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (i) all required registration information you submit is and will be truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) you are an Adult. Every Account must have at least one user who is an Adult, and the Adult who created the Account may designate other users to access his or her Account, such as his or her children; provided, that such Adult user remains responsible for any actions by his or her designees. If we suspect that an ineligible user has created an Account, we may seek confirmation of the user’s status or deactivate the Account. We may also suspend or terminate your Account for any other reason in accordance with these Terms. You may delete your Account at any time, for any reason, by following the instructions on our Services or by emailing hey@tappityapp.com. By creating an Account and submitting your information, you agree and acknowledge that your submission of such information is governed by our Privacy Policy.

B. Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information, such as username and password, and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. You will not sell, transfer, or assign your Account or any Account rights. We are not liable for any loss or damage arising from your failure to comply with the foregoing requirements.

C. Communication Preferences

By creating an Account, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link at the bottom of any email we send.

D. Purchases

For certain types of Accounts, we may charge a fee, such as an Account fee or subscription fee. If you sign up for an Account with an associated fee or purchase any product or service made available through our Services (a “Purchase”), whether under a subscription or otherwise, you may be asked to supply certain information relevant to your purchase including payment and billing information (“Payment Information”). You represent and warrant that: (i) all Payment Information you provide to us is and will be true, correct, and complete; and (ii) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase and the Payment Information you provide. Purchases are void where prohibited by law.

E. Third-Party Payment Services

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting any Payment Information, you grant us the right to use and provide such information to these third parties subject to our Privacy Policy. You acknowledge and agree that in the event the third-party payment processor experiences a data breach that affects your information through no fault of us, we will in no way be responsible or liable to you for any such breach. Should the mechanism of payment provided initially be declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the mechanism of payment in full or in lesser installments of the initially incurred charge. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider.

F. Fees

All fees for Purchases are payable in accordance with the payment terms in effect at the time of the Purchase. We may offer promotional trial subscriptions to access our Services for free or at special discounted prices. If you sign up for a trial subscription, your rights to use our Services are limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement and/or any applicable additional terms. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers. Unless otherwise provided in these Terms, all Purchases are non-refundable.

G. Termination or Suspension

We reserve the right to discontinue our Services or suspend or terminate your access to it, including any Accounts or User-Generated Content submitted by you, at any time, without notice, for any reason and without any obligation to you or any third party. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, or otherwise violates these Terms, then we may suspend or terminate your Account or deny you access to all or part of our Services. Any suspension or termination will not affect your obligations to us, including any payment obligations to us, and you will not be entitled to a refund of any payments. Upon suspension or termination of your access to our Services, or upon notice from us, your license to use our Services will terminate immediately.  

H. Subscription Renewal

By making a Purchase under a subscription, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends, and you authorize us to charge you for the subscription term, unless you cancel your subscription or your Account prior to its renewal date through the procedures described in the “Subscription Cancellation” section below. We will charge your credit card (or the other method of payment initially used by you) each year, month, or other applicable period (depending on the term that you selected) for the then-current applicable price.

I. Subscription Cancellation

If you purchase a subscription directly through us (rather than through a third party, such as Apple’s iTunes App Store), you can cancel your subscription prior to its renewal date by following the instructions on our Services or by emailing hey@tappityapp.com. If you do so, please know that we endeavor to have customer requests handled within 24 hours; however, we cannot guarantee that your cancellation will be registered within that time period. We will honor all cancellation requests for subscriptions that were made directly through us that are received before the renewal date. If you purchased your subscription through a third party, such as Apple’s iTunes App Store, you must follow the cancellation instructions provided by such third party. 

For all subscriptions, you will continue to have access to your Purchase for the period of time that has already been prepaid. After you cancel your subscription, we will not charge you any subscription fees after the expiration of your then-current subscription period. Please note we do not provide full or partial refunds for prepaid sums other than as described elsewhere in these Terms. In any event, you will be able to continue to use our Services throughout the remainder of the subscription period for which you have already paid.

Intellectual Property and Use of Our Services

A. Ownership

You acknowledge that as between you and us all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in and to our Services and its Content (defined below) are owned by us and protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property laws to the fullest extent of the law. “Content” means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, and computer code displayed on or available through our Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation, (i) materials and other items relating to us and our products and services, including, without limitation, all activities, games, lesson plans, teacher trainings, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (collectively, “Trademarks”); and (iii) other forms of intellectual property.

B. Limited License

Subject to your strict compliance with these Terms and your payment of any applicable fees for any Purchases, we grant you a limited, non-exclusive, revocable, non-assignable, and non-transferable license to access, display, view, use, and interact with the Content on a personal computer, mobile phone or other wireless device, or other Internet-enabled device (each, an “Internet Device”) strictly for your personal, non-commercial use. This license does not give you any rights of ownership of, or any other intellectual property interest in, any Content or our Services, and you cannot otherwise use the Content or our Services without our prior written consent. All rights not expressly granted to you are reserved by us and/or our licensors and other third parties. Except as expressly provided in these Terms or with our prior written consent, no part of our Services and no Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcasted, sold, licensed or otherwise exploited for any purpose whatsoever. Any unauthorized use of any Content or our Services for any purpose is prohibited.

C. User-Generated Content

We may allow users to post, submit, or distribute content, including text, drawings, images, videos, and audio (“User-Generated Content”) on or through our Services. All rights to User-Generated Content, including all intellectual property rights, shall remain the exclusive property of the user who created such User-Generated Content. By posting, submitting, or distributing User-Generated Content on or through our Services, you grant us a limited, non-exclusive, perpetual license to use, copy, distribute, display, transmit, and publish such User-Generated Content for the purposes specified in these Terms, our Privacy Policy, and any additional terms provided at the place of submission in our Services, in all formats, on or through any medium now known or hereafter developed, and with any technology or devices now known or hereafter devised. You consent to our publication of User-Generated Content generated through your Account by you or any other user, including children, so long as the publication cannot be used to particularly identify such child. In addition, if you are an Adult, you consent to the publication of information that can be used to identify you in conjunction with User-Generated Content. For example, we may display User-Generated Content submitted in response to contests and sweepstakes or publish any testimonials you send to us along with your name and other information you submit. 

You are solely responsible for all User-Generated Content posted on your Account. You assume all risks associated with the use of your User-Generated Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User-Generated Content that personally identifies you or any third party. You hereby represent and warrant that your User-Generated Content does not violate these Terms. You may not represent or imply to others that your User-Generated Content is in any way provided, sponsored, or endorsed by us. Because you alone are responsible for your User-Generated Content, you may expose yourself to liability if, for example, your User-Generated Content violates these Terms. We are not obligated to backup any User-Generated Content, and your User-Generated Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User-Generated Content if you desire.

Because we do not control User-Generated Content, you acknowledge and agree that we are not responsible for any User-Generated Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User-Generated Content. Your interactions with other users of our Services are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of our Services, we are under no obligation to become involved.

D. Restrictions

The rights granted to you in these Terms are subject to your agreement that you have not taken and will not take any of the following actions: 

• Collect, upload, transmit, display, distribute, or engage in any other activities related to User-Generated Content, that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) is harmful to minors in any way, or (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party;

• Attempt to or do harm to us, our Services, or any others, or engage in any activity that interferes with a user’s access to our Services or the proper operation of our Services;

• Upload, transmit, or distribute to or through our Services any computer viruses, worms, or any software intended to damage or alter a computer system or data;

• Interfere with, disrupt, or create an undue burden on servers or networks connected to our Services, or violate the regulations, policies or procedures of such networks;

• Reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through our Services, install any software, file, or code on our Services that is not authorized by us, or attempt to do so;

• Attempt to gain unauthorized access to our Services (or to other computer systems or networks connected to or used together with our Services), whether through password mining or any other means;

• Use any meta tags or other “hidden text” utilizing any of our Trademarks;

• Interfere with or circumvent any security feature of our Services or any feature that restricts or enforces limitations on the use of or access to our Services or its Content;

• Access or collect information from our Services using automated means (such as through scripts, robots scrapers, or spiders);

• Use our Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;

• Send through our Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

• Disparage our performance, or distribute any false or misleading statement, or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of us or our employees;

• Use our Services for commercial or political purposes; or

• Otherwise violate these Terms, or any additional terms with us that you may agree to, or solicit, encourage, or facilitate anyone else to do so.

E. Enforcement

We reserve the right (but have no obligation) to review any User-Generated Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User-Generated Content, terminating your Account, and/or reporting you to law enforcement authorities.

F. Feedback

If you provide us with any feedback or suggestions regarding our Services (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

G. Modifications

We reserve the right, at any time, to modify, suspend, or discontinue our Services (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of our Services or any part thereof.

H. No Support or Maintenance

You acknowledge and agree that while we may endeavor to provide you with customer support in connection with any inquiries, we have no obligation to do so or otherwise provide you with any support or maintenance in connection with our Services.

Third-Party Links

A. Linking to Our Services

If you link to our Services, you must adhere to the following requirements: (i) the link to our Services must not damage, disparage, present false information about or tarnish the goodwill associated with any of our Trademarks, products, services and/or intellectual property; (ii) the link to our Services must not create the false appearance that your websites and/or organization is sponsored by, endorsed by, affiliated with, or associated with us; (iii) no one may “frame” our Services or create a browser environment around any of the Content; and (iv) you may not link to our Services from a website that is unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory, or that we otherwise deem inappropriate in our sole discretion. We reserve the right to prohibit linking to our Services for any reason, in our sole discretion, even if the linking complies with the requirements described above.

B. Links to Other Services

Child users are prohibited from accessing external links, including those corresponding to any pop-up ads or other advertisements directed at children, which will be only and exclusively related to our products and/or services, and which will only be available if an Adult user successfully passes the “Parents Only” question to unlock Adult sections or enters a password. Any interactions, transactions, and other dealings that you have with any third parties found on or through our Services (including those that are linked to from our Services) are solely between you and the third party (including issues related to payments, delivery of goods and warranties), and we disclaim all liability in connection therewith.

Disclaimers, Liabilities, and Indemnification

As used in this section, “Company Parties” means us, our affiliates, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns.

A. Legal Disclaimers

YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR SOLE RISK.

OUR SERVICES AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH OUR SERVICES IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. THE COMPANY PARTIES (AS DEINFED BELOW) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THE COMPANY PARTIES (AS DEINFED BELOW) MAKE NO WARRANTY THAT OUR SERVICES (INCLUDING ANY PURCHASES) WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO OUR SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent that such jurisdictions’ laws are applicable.

B. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages, whether in the form of lost profits, loss of goodwill, loss of data, work stoppage, inaccuracy of results, or equipment failure or malfunction, or personal injury or death, that are directly or indirectly related to:

• Our Services (including the Content and the User-Generated Content);

• Your use of or inability to use our Services, or the performance of our Services;

• The failure of a child user to learn or otherwise benefit educationally from their use of our Services;

• Any action taken in connection with an investigation by Company Parties or law enforcement authorities regarding your access to or use of our Services;

• Any action taken in connection with copyright or other intellectual property owners or other rights owners;

• Any errors or omissions in our Services’ technical operation; or

• Any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction.

The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, force majeure, telecommunications failure, or destruction of our Services).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF OUR SERVICES AND YOUR RIGHTS UNDER THESE TERMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE PREVIOUS TWELVE MONTHS FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.

C. Indemnity

To the maximum extent allowed by law, you agree to indemnify, defend, and hold harmless the Company Parties from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (i) your breach or alleged breach of these Terms; (ii) your use of our Services or activities in connection with our Services; (iii) your User-Generated Content; (iv) your violation of any law, rule or regulation; or (v) your violation of any third-party rights. The Company Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company Parties in asserting any available defenses. You will not, in any event, settle any claim without our prior written consent. If any child you authorize to use or access our Services disaffirms any or all of these Terms, you agree to defend, indemnify and hold us harmless for any damages we suffer by the child’s disaffirmance.

Infringement Policy and Reporting Procedure

If you believe that your material has been posted on, or distributed via, our Services in a way that constitutes copyright infringement, please email us at hey@tappityapp.com with the following information as required by the Digital Millennium Copyright Act of 1998 (the “DMCA”): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “complaining party”); (ii) identification of the copyright work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party (name, address, telephone number, and email address) has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

If you must send your notice by physical mail, you may do so by including the same information as indicated above by sending a notice to the address identified below under the heading “Contacting Us” but please note that it will take us significantly longer to respond. 

The DMCA provides that a person who knowingly materially misrepresents that material or an activity is infringing may be subject to liability. We may send the information in the notice from the complaining party to the person who provided the allegedly infringing material.

Dispute Resolution

Please read this Arbitration Agreement carefully.  It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

A. Applicability of Arbitration Agreement

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product or service provided by us that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this section (this “Arbitration Agreement”). Unless otherwise agreed to, all arbitration proceedings shall be held in English. This applies to any authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.

B. Arbitration Agreement

If you have a claim or dispute related to your Account, Purchase, or otherwise related to these Terms, you shall provide notice to us, and we will attempt to resolve the claim or dispute informally with you. If you and the Company do not resolve the claim or dispute within thirty (30) days after the notice is received, the claim or dispute shall be referred to non­binding mediation for resolution. If such mediation effort is not successful in resolving the dispute, the dispute shall be referred for final and binding arbitration in San Francisco County, California before a single neutral arbitrator in accordance with the rules and regulations of the American Arbitration Association, without appeal to court thereafter. You and the Company shall share any costs and fees associated with the arbitration equally; provided, each shall bear its own attorneys’ fees. You understand and agree that the arbitration shall be in lieu of any civil litigation, and you waive the right to a jury trial. The arbitrator’s decision shall be final and binding to the fullest extent permitted by law and enforceable by any court having jurisdiction thereof. The arbitrator shall allocate costs of arbitration, including attorneys’ fees, to the prevailing party. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential, and you shall not disclose such information except as required by applicable law. Notwithstanding the foregoing, (i) either you or the Company may bring an individual action in small claims court, and (ii) either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.

C. Waiver of Jury Trial

YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

D. Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

General Provisions

A. Changes to these Terms

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Services. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. If you do not agree to any changes to these Terms, you must discontinue use of our Services.

B. Governing Law

This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction.

C. International Issues

We control and operate our Services from the United States. If you use our Services from other locations, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply (e.g., any local education regulatory or data privacy laws).

D. Electronic Communications

The communications between you and us use electronic means, whether you use our Services or send us emails, or whether we post notices on our Services or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights. 

E. Force Majeure

We shall not be liable or deemed to be in breach for any delay or failure in performance of these Terms or interruption of services resulting directly or indirectly from acts of God, civil or military authority, war, riots, civil disturbances, accidents, fire, earthquake, floods, strikes, lock-outs, labor disturbances, foreign or governmental order, or any other cause beyond our reasonable control. 

F. Entire Terms; Assignment

These Terms, together with any other documents referenced herein, constitute the entire agreement between you and us regarding the use of our Services. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. The terms and conditions set forth in these Terms shall be binding upon successors and assigns.

G. Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. In the event of any termination of these Terms or termination of your Account, your obligations under these Terms shall survive. You agree that these Terms will not be construed against us because we drafted them.

Contacting Us

Please contact Tappity, Inc. with any questions or comments about these Terms.

• By email: hey@tappityapp.com

• By phone: 415-320-6038

• By mail: 1401 21ST ST, STE R SACRAMENTO, CA 95811