Effective Date: January 31, 2021
PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OLD AND ACCEPT THESE TERMS. IF YOU ARE NOT AT LEAST 18 YEARS OLD AND/OR DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS THE APPLICATION.
1. Binding Arbitration
THESE TERMS CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND TAP2PLAN MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST TAP2PLAN TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 15 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH TAP2PLAN.
Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive and nontransferable license to download, install and use the Application during the term for your personal use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation and subject to any usage limitations (e.g., number of contacts or events) that may be applicable to your subscription tier (e.g., “free”, “paid”, “plus”, “pro”).
You may not: (a) copy the Application, except as expressly permitted by this license; (b) modify, translate, adapt or otherwise create derivative works or improvements of the Application; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
4. Reservation of Rights
The Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application or any information, files, documents, text, photographs, images, audio, and video made available on the Application (collectively, the “Content”) under these Terms, or any other rights thereto other than to use the Application or Content in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms. Company and its licensors reserve and shall retain their entire right, title and interest in and to the Application and Content, including all intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
5. User Accounts; Third Party Contact Information
You may be required to register for an account to use parts of the Application. You agree that the information you provide to us during the registration process and at all other times when you use the Application is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that tap2plan has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, tap2plan has the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof).
You are the sole authorized user of any account you create through the Application and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity in any circumstance, including death. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us email@example.com. tap2plan will not be liable for losses, damages, liability, expenses, and fees incurred by tap2plan or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
We may from time to time in our sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of these Terms.
7. Third Party Materials
The Application may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
The term of these Terms commences when you download the Application and will continue in effect until terminated by you or Company as set forth in this Section 8. You may terminate these Terms by deleting the Application and all copies thereof from your Mobile Device. Company may terminate these Terms at any time without notice. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms. Upon termination: (a) all rights granted to you under these Terms will also terminate; and (b) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of Company’s rights or remedies at law or in equity.
You may be provided the option to purchase a paid subscription to the Application. If payment due on your account is delinquent, we reserve the right to suspend or terminate your access to the Application; your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs.
10. User Submissions
11. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Application infringe your copyright, you (or your agent) may send tap2plan a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send tap2plan a counter-notice. Notices and counter-notices must be sent to tap2plan’s designated copyright agent at firstname.lastname@example.org.
12. Security and Restrictions
You are prohibited from violating or attempting to violate the security of the Application, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Application or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or harmful.
You agree not to use the Application:
By creating an account with us, you agree to accept and receive communications from us including via email, text message, calls, and push notifications to the cellular telephone number you provided to us. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of tap2plan. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the Settings in your account. You may also opt-out of receiving text messages from tap2plan by replying “STOP” from the mobile device receiving the messages.
The Application allows you to send communications to your contacts. You are solely responsible for the content and frequency of such messages, as well as to whom they are sent. You represent and warrant that you will comply with all applicable laws relating to your sending such communications, including the Telephone Consumer Protection Act.
14. Changes to Terms
The effective date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Application after the effective date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.
In consideration of and as a condition of your use of the Application you and tap2plan (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):
Applicability; Exclusions; Court and Jury Trial Waiver
The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims: arising out of or relating to these Terms; relating to the relationship between the parties; arising under any state, federal, or international law(s) of similar import, and all other claims or disputes under federal, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).
The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Terms but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against tap2plan but also against any and all of its affiliates, subsidiaries, and parents collectively and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.
Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding
Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https://www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of these Terms. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute. The arbitration will be conducted in the State of New Jersey at a location selected by the arbitrator unless otherwise mutually agreed by the parties.
Selection and Authority of Arbitrator; Full Remedies Available; Enforceability
The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of the Terms’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Terms. The arbitrator shall have the authority to apply any federal, state, local, or municipal law, or executive order, or any common law that the Arbitrator deems applicable to the covered dispute. If there are any ambiguities in these Terms, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.
Class and Collective Action Waiver; No Consolidated or Joint Actions
The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.
The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, tap2plan will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, tap2plan shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.
16. Disclaimer and Limitation of Liability
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. THE APPLICATION IS PROVIDED BY TAP2PLAN ON AN “AS IS” AND “AS AVAILABLE” BASIS. TAP2PLAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE APPLICATION, INCLUDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE APPLICATION. THE APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. TAP2PLAN IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE APPLICATION MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
You agree to indemnify, defend and hold harmless us and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from: (a) any violation by you of these Terms, including any violation of any applicable laws, rules or regulations; (b) any dispute or issue between you and any third party; or (c) from our termination of your access to or use of the Application. Such termination will not affect either party’s rights or obligations, which accrued before the termination.
These Terms shall be governed by the laws of New Jersey, and, except as set forth in Section 15 of these Terms, You agree to submit to the exclusive jurisdiction of the federal or state courts located in Monmouth County, New Jersey in respect of any disputes arising under or in connection with these Terms. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Notwithstanding any provision of these Terms, tap2plan may seek equitable, including injunctive, in any court of competent jurisdiction in the event of any breach or threatened breach of these Terms by You.
You represent and warrant that you shall comply with all laws and regulations that apply to Your access and use of the Application.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any Content generated by you on the Application, block your access to the Application, block IP addresses.
If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.
19. How to Contact Us
If you have any questions, comments or notices regarding these Terms, please contact us at email@example.com.