Tapable Terms of Service
Last Modified: Dec 30, 2020
This website is owned and operated by Tapable Inc ("Tapable" and its subsidiaries (collectively “Tapable,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern
your legal rights to use or access our services, software, mobile application, and our websites (the “Services”) and Tapable hardware products or devices (“Products”). These Terms also govern your legal
rights with respect to Third Party Services (defined below). Please read these Terms carefully before purchasing or using the Products or Services or purchasing or using Third Party Services. By using or
accessing our Products or Services or purchasing or using Third Party Services, you signify your acknowledgement and assent to the terms and conditions of use set forth below. These Terms (together with other
user agreements, where applicable) constitute a binding legal agreement between you and Tapable (this “Agreement”).
Our agreement includes an arbitration provision, which requires you to arbitrate any claims you may have against Tapable on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
*If you do not agree with these Terms, please do not purchase or use our Products or Services or Third Party Services. *
This Agreement represents the entire understanding relating to your purchase or use of the Products and Services or Third Party Services and prevails over any prior or contemporaneous, conflicting
or additional communications between you and Tapable. All rights not expressly granted herein are reserved by Tapable. However, to the extent your use of a Product or Service involves or i
s integrated with products or services of affiliated companies, any terms and policies covering those products or services may also apply.
Specific areas or pages of our websites may include additional or different terms relating to the purchase or use of our Products and Services or Third Party Services. In the event
of a conflict between such specific terms and these Terms, the specific terms shall control. The term “you,” as used in these Terms, includes any person or entity who is the owner of
the Product and creates an account associated with the Product (“Owner”), as well as any person or entity allowed or authorized to access or use the Owner’s Products and Services (“Authorized Users”).
Authorized Users are responsible for their own actions in connection with the Products and Services, but Owner hereby consents to these terms on behalf of all Authorized Users and agrees to be
fully responsible for all actions taken by Authorized Users relating to the Owner’s Products, Services and account. As a result, if you are an Owner, you should authorize only those individuals
that you trust to access your account, Products, and Services.
You must be at least 13 years old to use the Products and Services. If you are between the ages of 13 and 18, you may use our Products and Services only with the consent and under the supervision
of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user between the ages of 13 and 18, you consent to these terms on behalf of such
user and you are fully responsible for the acts of such user in relation to our Products and Services.
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and
bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer collectively to you personally and to that organization or entity).
Changes to this Agreement and Service
Tapable is free to revise these Terms or any other part of this Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to
notify you by placing a notice on the Tapable.co website, notifying you through the Services, by sending you an email, or by some other means. By continuing to use our Products and Services after such changes,
you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates.
We’re always trying to improve the Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain
features or restrict access to parts or all of the Products or Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.
We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in
violation of any of the restrictions set forth in this Agreement.
Promotional Trials and Subscriptions
We sometimes offer certain customers various trial or other promotional subscriptions to Tapable Experiences, which are subject to these Terms except as otherwise stated in the promotional offers. Trial subscribers may at any
time choose not to continue to a paid subscription at the end of the trial period. If you do not enter into a paid subscription for a Tapable Experience before the end of your trial period, if any, your Tapable Data will be deleted.
When you first set up your Product through the Services, or at any time after you begin using your Product, you may enjoy our Tapable Experience by enrolling in our monthly or annual paid subscription plan (if not a free Experience),
which will continue until you or we cancel your subscription. These subscription plans entitle you to access your Tapable Experience for each payment period until such subscription is cancelled. Your paid subscription will automatically
commence immediately, or on the first day following the end of your applicable trial period, if you purchased your subscription on Tapable.co.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR TAPABLE EXPERIENCE WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE TAPABLE OR ITS AFFILIATES (WITHOUT NOTICE TO YOU, UNLESS
REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEES AND ANY TAXES FOR EACH SUCCESSIVE TERM, USING ANY PAYMENT METHOD WE OR OUR AFFILIATES HAVE ON RECORD FOR YOU.
Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is not received, is returned unpaid or if any credit card or similar transaction is rejected or denied, Tapable and its affiliates
reserve the right to cancel your Tapable Experience subscription unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription
period will be based on the original renewal date and not the date of the successful charge.
To the extent applicable, if you choose to pay by direct debit, you agree that we may take the charge as early as the first day of the applicable subscription period. If you enroll for a paid subscription on or after the expiry of your free trial,
we may take charge on the same day as you enroll. We will confirm the mandate by email once you have enrolled and will give you advance notice of future charges after the initial charge.
Software and Platform Updates
From time to time, Tapable may develop updates, upgrades, patches and other modifications to improve the performance of the Services and/or the Products or for other reasons in our sole discretion (“Updates”). You agree that Tapable may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.
Products and Software
Downloading or using our software (including our mobile application) does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with these Terms. Our software is copyrighted by Tapable or its licensor(s), and may be protected by one or more patents owned by Tapable or its licensor(s). Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble or otherwise reverse engineer the software. Products and Services offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software. These Terms apply to your use of all the Products and Services, including software that may be downloaded to your smartphone or tablet to access the Services (the “Application”). The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Products and Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Products and Services. You will only use the Application in connection with a device that you own or control. You represent and warrant that you are not located in a country subject to a CANADIAN. Government embargo, or that has been designated by the CANADIAN. Government as a “terrorist supporting” country, and that you are not listed on any CANADIAN. Government list of prohibited or restricted parties.
No Representations or Warranties
This website may contain errors and may not be complete or current. Tapable therefore reserves the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing and availability. We reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order. We apologize for any inconvenience.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ON OUR WEBSITE, OUR PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS,’ AND TAPABLE DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE SERVICES. WE DO NOT WARRANT THAT OUR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL TAPABLE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, THE PRODUCTS, OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitations of Liability
IN NO EVENT SHALL TAPABLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. TAPABLE DISCLAIMS ALL LIABILITY OF ANY KIND OF TAPABLE’S LICENSORS AND SUPPLIERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL TAPABLE BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD TAPABLE HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE PRODUCT OR SERVICES, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE PRODUCT OR SERVICES.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF ONTARIO. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF ONTARIO, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
For the purpose of this Policy, Tapable is the data controller of the information you provide to us. If you have any questions or concerns regarding our Terms of Service, please send a detailed message to our team and we will be sure to address it.