Terms of Service

Services

We are a technology company that provides software applications, mobile digital keyboards, communication venues, websites, and other services (the “Services”). The Services include any maintenance, updates, new content, or functionality. We may also remove, limit, decrease, or change some functions or characteristics of Tappa’s Services as part of Tappa’s efforts to improve them, or permanently or temporarily stop providing the Services or any functionalities.

Some of Tappa’s Services might have additional terms and conditions or licenses which are applicable to those services, so make sure to read those before using them. By using or paying for any of these additional Services, you agree to any additional terms applicable to those Services, and those additional terms become part of Tappa’s agreement with you. If any of the applicable additional terms conflict with these TOS, the additional terms will prevail while you are using those services to which they apply.

You can find it by clicking Tappa Keyboard End-User License Agreement.

Acceptance

The Services that Tappa, Inc. (“Tappa”, “We”, “Us”) provides to you are subject to the following Terms of Service ("TOS"). We reserve the right to update and modify these TOS, Privacy Policy, Acceptable Use Policies (“AUP”), or any other terms and conditions or policies, at any time without notice to you. The most current version of the TOS can be reviewed by clicking on the "Terms of Service" hyperlink located at the bottom of Tappa’s web pages. When We make updates to the TOS, We will update the date at the top of this page.

You must be at least 13 years old to use Tappa’s Services, our Services are not intended for children under 13. The minimum age to use Tappa’s Services without parental approval may be higher in your home country.

If you want to use our AI-powered functionalities, you must be over the age of 18 and fully read and understand ChatGPT’s Terms of Use.

By installing, accessing, or using Tappa’s Services, you agree to these TOS. By using the Services after a new version of the TOS has been posted, you agree to the terms of such new version.

If you are accepting these TOS and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these TOS, in which case the words “you” and “your” as used in these TOS shall refer to such entity.

License

We hereby grant you a worldwide, revocable, non-sublicensable, non-transferable, and non-exclusive license for personal use of the Services as provided in these TOS. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner permitted by these TOS.

Nothing in the TOS gives you a right to ownership or title to the Services. Furthermore, you receive no other rights other than those expressly granted in these TOS. You may not use Tappa’s name or any of Tappa’s trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All rights, title, and interest in and to the Services (excluding Materials provided by users) are and will remain Tappa’s exclusive property and its licensors.

How You May Use Tappa’s Services

The Services are meant only for your personal and non-commercial use. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services.

You must use Tappa’s Services according to these TOS, AUPs, and any other applicable licensing or use agreements. You can find Tappa’s AUPs here.

Tappa’s Services do not provide access to emergency service providers like the police, fire department, hospitals, or other public safety organizations. Make sure you can contact emergency service providers through a mobile, fixed-line telephone, or other service.

Privacy

Visit our Keyboards Privacy Policy to review what data We collect from you and how We use it.

You understand that through your use of the Services you consent to the collection and use (as set forth in the Keyboards Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Us and our affiliates.

Advertising & Limitations on Use

In consideration for granting you access to and use of the Services, you agree that We and our third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse Tappa’s Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that We provide. You agree that you will not work around any technical limitations in the software provided to you as part of the Services, or reverse engineer, decompile, or disassemble the software. You may not do any of the following while accessing or using the Services:

(i) access, tamper with, or use non-public areas of the Services, Tappa’s computer systems, or the technical delivery systems of our providers;

(ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

(iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Us (and only pursuant to the applicable terms and conditions);

(iv) use the Services to send altered, deceptive, or false source-identifying information; or

(v) interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

We also reserve the right to access, read, preserve, and disclose any information as We reasonably believe is necessary to

(i) satisfy any applicable law, regulation, legal process, or governmental request,

(ii) enforce the TOS, including investigation of potential violations hereof,

(iii) detect, prevent, or otherwise address fraud, security, or technical issues,

(iv) respond to user support requests, or

(v) protect Tappa’s rights, property, or safety, its users, and the public. We do not disclose personally-identifying information to third parties except in accordance with Tappa’s Keyboards Privacy Policy.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Our Content

All content included in or made available through the Services, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software, and documents, is our exclusive property or of its content suppliers and is protected by the various applicable trade dress, copyright, trademark, patent, and other intellectual property and unfair competition laws in the United States and internationally (collectively, "Content"). All rights not expressly granted to you in this TOS are reserved and retained by Us or its licensors, suppliers, publishers, rights holders, or other content providers.

Any use of or reliance on any Content viewed or accessed via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services.

Your Content

You retain your rights to any material or content you submit, input, post, or display to, on, or through the Services (the “Materials”).

By submitting, inputting, posting, or displaying Materials to, on, or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, publicly display, and distribute such Materials in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Materials available to the rest of the world and to let others do the same. You agree that this license includes the right for Us to provide, promote, and improve the Services and to make Materials submitted on, to, or through the Services available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Materials on other media and services, subject to Tappa’s terms and conditions for such Materials use. Such additional uses by Us, or other companies, organizations, or individuals, are made with no compensation paid to you with respect to the Materials that you submit, post, transmit, or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Materials and grant of rights herein.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, or authority necessary to grant the rights granted herein for any Materials that you submit, post, or display on or through the Services. You agree that such Materials will not contain material subject to copyright or other proprietary rights unless you have necessary permission or are otherwise legally entitled to post the Materials and to grant Us the license described above.

In addition to the warranty and representation set forth above, by submitting inputting, posting, or displaying any Materials that contain images, photographs, pictures, or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that

(a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these TOS,

(b) you have the rights necessary to grant the licenses and sublicenses described in these TOS, and

(c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these TOS, including, by way of example, and not as a limitation, the distribution, public display, and reproduction of such Images.

Additionally, you are granting

(a) to all members of your private community (for each such Images available to members of such private community), and/or

(b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these TOS, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, worldwide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

Third-party Content

If you choose to use our AI-powered functionalities, please make sure to carefully read ChatGPT’s Terms of Use. The third-party service provider is fully responsible for all content generated through the interaction with ChatGPT. We will not be liable to you for any loss or damage.

You hereby grant Us a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) you communicate to Us, without compensation, without any obligation to report on such use, and without any other restriction. Tappa’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Tappa’s Services.)

Disclaimers & Limitation of Liability

Your access to and use of the Services or any Content are at your own risk, including those services provided by third parties. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Tappa Entities” refers to Us, 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 ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Tappa Entities make no warranty or representation and disclaim all responsibility and liability for

(i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content;

(ii) any harm to your hardware, loss of data, or other harm that results from your access to or use of the Services or any Content;

(iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and

(iv) whether the Services 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 Entities or through the Services, will create any warranty or representation not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TAPPA 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 SERVICES, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TAPPA 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 SERVICES 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 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.

Choice of Law & Jurisdiction

This Agreement will be governed solely by the laws of the State of New York, including without limitation applicable federal law, without reference to

(a) any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties;

(b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or

(c) other international laws. You consent to the personal and exclusive jurisdiction of the federal and state courts of New York, New York. This Section governs all claims arising out of or related to these TOS, including without limitation tort claims.

Termination

You may end these TOS with Us at any time by deleting and/or discontinuing use of Tappa’s Services. We may modify, suspend, or terminate your access to or use of Tappa’s Services anytime for any reason, such as if you violate the letter or spirit of Tappa’s TOS or create harm, risk, or possible legal exposure for Us. The following provisions will survive termination of your relationship with Us: “Disclaimers and Limitation of Liability,” “Choice of Law and Jurisdiction,” “Feedback,” “Your Content,” “Termination,” and “General Terms”.

General Terms

Tappa’s TOS covers the entire agreement between you and Us regarding our Services. If you do not agree with our TOS, you should stop using our Services.

If We fail to enforce any of our TOS, that does not mean We waive the right to enforce them.

If any provision of the TOS is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our TOS and shall not affect the enforceability of the remaining provisions.

Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

If you have specific questions about these Terms, please contact us at legal@tappa.com.

To contact us by mail:
1216 Broadway, Office #202
New York, NY 10001