LAST UPDATED: August 2022
End-User License Agreement
Please read this agreement carefully before using the software.
This End-User License Agreement (“License Agreement”) is a legal agreement between you and Tappa, Inc. (“Tappa”) governing your use of the Software called Tappa Keyboard and any data and associated materials, digital media or in-app content (including, without limitation, emoticons, memes, emoji, stickers, themes, wallpapers, icons, and other virtual goods or services) (“Content”) supplied with or through it (collectively the “Software”) including any revisions, updates and/or modifications to it.
BY PROCEEDING TO INSTALL AND USE THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. YOU ALSO AGREE TO TAPPA’S TERMS OF SERVICE, WHICH CAN BE FOUND HERE. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS LICENSE FROM TIME TO TIME WITHOUT NOTICE TO YOU. TAPPA’S TERMS OF SERVICE, AS UPDATED OR MODIFIED FROM TIME TO TIME, ARE HEREBY INCORPORATED BY REFERENCE.
License
We hereby grant you with a worldwide, revocable, non-sublicensable, non-transferable, and non-exclusive license to the Software for your own internal or personal use only on one device only.
License Conditions and Restrictions
Copies of the Software created or transferred pursuant to this License Agreement are licensed, not sold, and you receive no title to or ownership of any copy or of the Software itself. The Software is protected by intellectual property laws and all intellectual property rights in the Software belong to Tappa. Furthermore, you receive no rights to the Software other than those specifically granted in this License Agreement. Without limiting the generality of the foregoing, you shall not (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the Software or (b) use the Software to provide software-as-a-service, for any other service bureau or time-sharing purposes, or in any other way allow third parties to exploit the Software. Tappa grants this license under copyright and also, solely to the extent necessary to exercise such rights, under patent and any other applicable intellectual property rights.
You will also comply with all restrictions and limitations of use contained in our Terms of Service.
Privacy
You acknowledge that in order to utilize the Software and to use or personalize some of the particular services it may provide, Tappa may collect and use personal data provided by you. Your privacy is important to Tappa, and such personal data will only be processed in accordance with the Tappa Privacy Policy.
Disclaimers and Limitation of Liability
Your access to and use of the Software is at your own risk. You understand and agree that the Software provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Tappa Global Entities” refers to Tappa, our parents, affiliates, related companies, officers, directors, employees, agents, independent contractors, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE TAPPA GLOBAL ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Tappa Global Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Software; (ii) any harm to your hardware, loss of data, or other harm that results from your access to or use of the Software; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Software; and (iv) whether the Software will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Tappa Global Entities or through the Software, will create any warranty or representation not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TAPPA GLOBAL ENTITIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, BUSINESS, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE, PROVISION OF OR FAILURE TO PROVIDE THE SOFTWARE, OR INFORMATION AVAILABLE FROM THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TAPPA GLOBAL ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SOFTWARE GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE TAPPA GLOBAL ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Termination
Termination of this License Agreement is governed by our Terms of Service. Upon termination of this License Agreement, the licenses granted will terminate and you shall cease to use the Software and delete all copies of it in your possession or control.
General Terms
If any provision of the License Agreement is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from this License Agreement and shall not affect the enforceability of the remaining provisions.
If Tappa fails to enforce this License Agreement or our Terms of Service, that does not mean we waive the right to enforce them.