Tappy is licensed to You (End-User) by Tappy Health LLC, located and registered at San Diego, California United States (hereinafter: Licensor), for use only under the terms of this License Agreement. By downloading the Application from the Apple App Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Tappy Health LLC, not Apple, is solely responsible for the licensed Application and the content thereof. This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Tappy Health LLC acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them. All rights not expressly granted to You are reserved.
1. THE APPLICATION
Tappy (hereinafter: Application) is a piece of software created to be a haptic (vibration) therapeutic and journalling mobile application by Tappy Health LLC designed for Kids, Teens, and Adults suffering with mental (and sometimes physical) disorders - and customized for Apple mobile devices. It is used to mix vibrations with visual experiences to help users quickly achieve relaxation. The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm- Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application
on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this
section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used
by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or
supplement the first Application, unless a separate license is provided for such update in which case the terms of that new
license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms
and Conditions, and with Tappy Health LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine,
create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof
(except with Tappy Health LLC's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application
or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the
terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or
software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties
may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to
prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure
that You comply with applicable third-party terms and conditions.
2.9 All In-App Purchase Sales are final and we assume no responsibility for accidental purchases. The term "Unlock" used on buttons throughout the Tappy Application is used to prompt an In-App Purchase.
3. TECHNICAL REQUIREMENTS
3.1 The Application requires a firmware version 1.5.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
4.2 Tappy Health LLC and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and
6. USER COMMENTS, FEEDBACK, EMAILS, REVIEWS, AND OTHER SUBMISSIONS
The Site and/or Tappy Application may offer forums, Google Forms, application reviewing, comments sections, emailing feedback, emailing ideas, emailing suggestions, or other interactive features, whether publically accessible or not, that you may join and upload information or feedback at your own discretion (“Feedback”). Any Feedback provided on the Site and/or Tappy Application is given entirely voluntarily, and we shall be free to use, sell, disclose, reproduce, license or otherwise distribute, and exploit Feedback provided as we see fit, without obligation or restriction of any kind to any customer. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any comments, feedback, or suggestions; or (3) to respond to any Feedback.
You undertake not to upload any Feedback uploaded, posted, or emailed that violates any right of any third-party, or any Feedback that contains any unlawful, abusive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Services, the Site and/or the Tappy Application, or any related website.
You agree not to use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. Users are solely responsible for any Feedback made and its accuracy, and the reliance on any Feedback by other users. We take no responsibility and assume no liability for any Feedback posted by any user. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion may be unlawful, abusive or obscene, or which may violate any intellectual property or this Agreement.
7. USER GENERATED CONTRIBUTIONS
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
8. CONTRIBUTION LICENSE
By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by
you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
9.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
9.2 Tappy Health LLC takes no responsibility for any loss of user data inputted into any of its applications.
10.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
10.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Tappy Health LLC's sphere of influence that affect the executability of the Application.
10.3 You are required to inspect the Application immediately after installing it and notify Tappy Health LLC about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of seven (7) days after discovery.
10.4 If we confirm that the Application is defective, Tappy Health LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
10.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
10.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
11. PRODUCT CLAIMS
Tappy Health LLC and the End-User acknowledge that Tappy Health LLC, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User's possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or requlatory requirement; and
(ili) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application's use of the HealthKit and HomeKit.
12. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
13. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
Tappy Health LLC
United States of America
The license is valid until terminated by Tappy Health LLC or by You. Your rights under this license will terminate automatically and without notice from Tappy Health LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
15. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Tappy Health LLC represents and warrants that Tappy Health LLC will comply with applicable third-party terms of agreement when using licensed Application. In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
16. INTELLECTUAL PROPERTY RIGHTS
Tappy Health LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Tappy Health LLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
17. APPLICABLE LAW
This license agreement is governed by the laws of the State of California excluding its conflicts of law rules.
18. USE OF TAPPY BY MINORS
You must be 18 years of age, or the age of majority in your province, territory or country, to use the Tappy Application. Individuals under the age of 18, or the applicable age of majority, may view the content displayed in the Tappy Application only with the involvement and consent of a parent or legal guardian and otherwise subject to these Terms.
19. DEVICE REQUIREMENTS
To experience all features of the Tappy Application with your iPhone or other Apple Device, your Device must satisfy certain system requirements. You can find these requirements on the Tappy Application and the Apple marketplace.
20. CHANGING FEES AND CHARGES
Tappy Health LLC reserves the right to add or adjust pricing for any of our services or any components thereof in any manner and at any moment as we may determine in our sole and absolute discretion.
21. MEDICAL DISCLAIMER
Tappy Health LLC is a provider of mobile relaxation, destressing, and entertainment content in the health & therapy space. Tappy Health LLC is not and has never claimed to be a medical device or health care provider, and our Tappy Application should not be considered any form of medical advice. Your physician or other health care provider is responsible for doing that. Tappy Health LLC makes no guarantees that the Tappy Application or any other Tappy Health LLC product will produce any therapeutic advantage.
22.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
22.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
22.3 By using the Tappy Application or any Tappy Health LLC product you agree to these Terms and Conditions.