Terms of Service

Effective date: November 5th, 2023

Thank you for your interest in tappr.dev! Please read this Terms of Service agreement carefully before accessing or using tappr.dev.

These Terms of Service agreement (the "Agreement") describes the terms and conditions that apply to your use of our website located at tappr.dev and tapprdev.com and its subdomains (the "Website"), the online platform available on or enabled via our Website (the "Platform") and the services, content and other resources available on or enabled via our Website and Platform (the "Services"). By registering for an account, clicking the "I Accept" button, or using the tappr.dev Platform and Services in any way, you or the entity you represent (the "Customer") are unconditionally consenting to be bound by and becoming a party of this Agreement with tappr.dev. If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these terms.

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Platform and Services, please contact us at: support@tappr.dev.

1. TAPPR.DEV SERVICES

  1. Services. tappr.dev provides custom mobile app development and implementation based on the requirements and specifications defined and prioritized by the Customer using the Platform, and delivered to the Customer through the Platform on periodic iterations as described in the subscription plan selected by the Customer at https://tappr.dev/#plans. Deliveries consist of the installable app binaries required by each supported mobile platform along with a detailed list of the implemented changes.
  2. Subscription to the Services. Subject to the terms and conditions of this Agreement, tappr.dev hereby grants to the Customer, during the applicable Subscription Term, a revocable, non-sublicensable, non-transferable, non-exclusive subscription to, solely for the Customer’s internal use: (a) access and use the tappr.dev Platform; (b) access and use the applicable tappr.dev Services; and (b) internally use and reproduce the Platform and Services documentation.
  3. Access. Subject to the Customer’s payment of the applicable tappr.dev Fees, tappr.dev will provide the Customer with access to the tappr.dev Platform and the applicable tappr.dev Services during the Subscription Term. The Customer shall use commercially reasonable efforts to prevent unauthorized access to, or use of, the tappr.dev Platform and Services and notify tappr.dev promptly of any such unauthorized use known to the Customer.
  4. Restrictions. The Customer will not, and will not permit any other party to: (a) knowingly interfere with or disrupt the integrity or performance of the tappr.dev Platform and Services or the data contained therein; (b) reverse engineer, disassemble or decompile any component of the tappr.dev Platform and Services; (c) interfere in any manner with the operation of the tappr.dev Platform and Services or the hardware and network used to operate the tappr.dev Platform and Services; (d) sublicense any of the Customer’s rights under this Agreement, or otherwise use the tappr.dev Platform and Services for the benefit of a third party; (e) modify, copy or make derivative works based on any part of the tappr.dev Platform; or (f) otherwise use the tappr.dev Platform and Services in any manner that exceeds the scope of use permitted under this Agreement.
  5. Support. Subject to the terms of this Agreement, tappr.dev shall use commercially reasonable efforts to provide services and support as described in the plan selected by the Customer at https://tappr.dev/#plans.
  6. Privacy. The tappr.dev Services are provided in accordance with our Privacy Policy, which can be found at https://tappr.dev/privacy.

2. OWNERSHIP

  1. tappr.dev Technology. The Customer acknowledges that tappr.dev retains all right, title and interest in and to the Documentation and all software and all tappr.dev proprietary information and technology used by tappr.dev or provided to the Customer in connection with the tappr.dev Platform and Services (the "Technology"), and that the Technology is protected by Intellectual Property Rights owned by or licensed to tappr.dev. Other than as expressly set forth in this Agreement, no license or other rights in the tappr.dev Technology are granted to the Customer. The Customer hereby grants to tappr.dev a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the tappr.dev Platform and Services any suggestions, enhancement requests, recommendations or other feedback provided by the Customer relating to the tappr.dev Platform and Services. tappr.dev shall not identify the Customer as the source of any such feedback without the Customer’s express prior written consent.
  2. Customer Data. The Customer Data hosted by tappr.dev as part of the tappr.dev Platform and Services, and all worldwide Intellectual Property Rights therein, is the exclusive property of the Customer. The Customer hereby grants to tappr.dev a non-exclusive, worldwide, royalty-free and fully paid license (a) to use the Customer Data as necessary for purposes of providing the tappr.dev Services to the Customer and improving the tappr.dev Platform and Services, and (b) to use the Customer trademarks, service marks, and logos as required to provide the tappr.dev Services to the Customer. All rights in and to the Customer Data not expressly granted to tappr.dev in this Agreement are reserved by the Customer.
  3. Service Deliveries. The Customer will hold all intellectual Property Rights of the developed mobile app, except for the materials, information, generic programming codes and libraries, algorithms, methodologies, processes, tools, data, documents, programming techniques, reusable objects, routines, designs and templates that (a) are developed prior to the Customer app and utilized by tappr.dev to provide the Services; (b) are designed to perform generalized functionality not specific to the particular requirements of the Customer; (c) do not contain any of the Customer’s Confidential Information or other information or items provided by the Customer; and (d) cannot reasonably be expected to provide the Customer an advantage over its competitors. The Customer hereby grants to tappr.dev a non-exclusive, worldwide, royalty-free and fully paid license (a) to use the Customer intellectual property as necessary for purposes of providing the tappr.dev Services to the Customer.

3. FEES AND PAYMENTS

  1. Fees. In consideration for the access rights granted to the Customer and the Services performed by tappr.dev under this Agreement, the Customer will pay to tappr.dev the tappr.dev Fees. All fees hereunder are billed in advance on a monthly basis. tappr.dev reserves the right (in addition to any other rights or remedies tappr.dev may have) to discontinue the tappr.dev Services, in whole or in part, and suspend the Customer’s access to the tappr.dev Platform and Services, in whole or in part, if any tappr.dev Fees are not paid in full.
  2. Taxes. The fees are exclusive of, and the Customer will pay, all sales, use, excise and other taxes and applicable export and import fees, customs duties and similar charges that may be levied upon the Customer in connection with this Agreement, except for employment taxes for tappr.dev employees and taxes based on tappr.dev’s net income.

4. CUSTOMER CONTENT AND RESPONSIBILITIES

  1. Customer Warranty. The Customer represents and warrants that any Customer Data hosted by tappr.dev as part of the tappr.dev Platform and Services shall not (a) infringe, misappropriate or violate any Intellectual Property Rights, publicity/privacy rights, law or regulation; (b) be deceptive, defamatory, obscene, pornographic or unlawful; (c) contain any viruses, worms or other malicious computer programming codes intended to damage, surreptitiously intercept or expropriate any system, data or personal or personally identifiable information; or (d) otherwise violate the rights of a third party. tappr.dev is not obligated to back up any Customer Data; the Customer is solely responsible for creating backup copies of any Customer Data at the Customer’s sole cost and expense. The Customer agrees that any use of the tappr.dev Platform and Services contrary to or in violation of the representations and warranties of the Customer in this section constitutes unauthorized and improper use of the tappr.dev Platform and Services.
  2. Customer Responsibility for Data and Security. The Customer shall have access to the Customer Data and shall be responsible for all changes to and/or deletions of Customer Data and the security of all passwords and other access protocols required in order to access the tappr.dev Platform and Services. The Customer shall have the ability to export Customer Data out of the tappr.dev Platform and is encouraged to make its own back-ups of the Customer Data. The Customer, and not tappr.dev, shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, security and appropriateness of all Customer Data.

5. DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TAPPR.DEV WEBSITE, PLATFORM, SERVICES AND DOCUMENTATION ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS, AND TAPPR.DEV AND ITS AFFILIATES, SUPPLIERS, CONTRACTORS, AND LICENSORS HEREBY DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, RELATING TO THE TAPPR.DEV WEBSITE, PLATFORM, SERVICES AND DOCUMENTATION WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. TAPPR.DEV DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE TAPPR.DEV SERVICES SHALL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE CUSTOMER.

6. LIMITATION OF LIABILITY

IN NO EVENT WILL TAPPR.DEV OR ITS AFFILIATES, SUPPLIERS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING LOST PROFITS, IN CONNECTION WITH THIS AGREEMENT OR THE TAPPR.DEV SERVICES, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAPPR.DEV’S AND ITS AFFILIATES’, SUPPLIERS’, CONTRACTORS’, AND LICENSORS’ AGGREGATE CUMULATIVE LIABILITY UNDER OR RELATING TO THIS AGREEMENT (INCLUDING THE TAPPR.DEV SERVICES) WILL NOT EXCEED THE SUM OF ALL AMOUNTS PAID AND PAYABLE BY CUSTOMER TO TAPPR.DEV FOR THE USE AND ACCESS TO THE TAPPR.DEV PLATFORM AND SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE APPLICABLE CLAIM. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN WILL REMAIN IN EFFECT.

7. CONFIDENTIALITY

"Confidential Information" means any nonpublic information of a party (the "Disclosing Party"), whether disclosed orally or in written or digital media, that is identified as "confidential" or with a similar legend at the time of such disclosure or that the receiving party (the "Receiving Party") knows or should have known is the confidential or proprietary information of the Disclosing Party. For the avoidance of doubt, the tappr.dev Platform, Services and Documentation, and all enhancements and improvements thereto will be considered Confidential Information of tappr.dev. Information will not constitute the other party’s Confidential Information if it (i) is already known by the Receiving Party without obligation of confidentiality; (ii) is independently developed by the Receiving Party without access to or use of the Disclosing Party’s Confidential Information; (iii) is publicly known without breach of this Agreement; or (iv) is lawfully received from a third party without obligation of confidentiality. The Receiving Party will not use or disclose any Confidential Information except as expressly authorized by this Agreement and will protect the Disclosing Party’s Confidential Information using the same degree of care that it uses with respect to its own confidential information, but in no event with safeguards less than a reasonably prudent business would exercise under similar circumstances. The Receiving Party will take prompt and appropriate action to prevent unauthorized use or disclosure of the Disclosing Party’s Confidential Information. The Customer acknowledges that tappr.dev can collect usage and performance data related to its provision of the tappr.dev Platform and Services and obtain from third parties the Customer’s usage data of third-party products and services purchased or acquired through tappr.dev (collectively, "Usage Data"). tappr.dev may use Usage Data to provide and improve its products and services, to market additional products and services to the Customer, and disclose Usage Data in an aggregated and de-identified manner in connection with its business. As between the parties, tappr.dev owns all rights in the Usage Data. The parties agree they can have competing products and services if these are not developed with or use the other party’s Confidential Information.

8. INDEMNIFICATION

The Customer will defend at its expense any suit brought against tappr.dev, and will pay any settlement the Customer makes or approves, or any damages finally awarded in such suit, insofar as such suit is based on a claim arising out of or relating to (a) any use of the tappr.dev Platform and Services not in accordance with this Agreement or as specified in the Documentation; (b) any use of the tappr.dev Platform and Services in combination with other products, equipment, software or data not supplied by tappr.dev; (c) any modification of the tappr.dev Platform and Services by any person other than tappr.dev or its authorized agents; or (d) the Customer’s breach or alleged breach of Section 4.a (Customer Warranty).

9. TERM AND TERMINATION

  1. Term. This Agreement commences on the Effective Date and will remain in effect until terminated by either party as set forth below.
  2. Termination. Either party may terminate this Agreement for no reason or any reason upon written notice to the other party, effective immediately at the end of the then current Subscription Term.
  3. Effect of Termination. Upon termination or expiration of this Agreement for any reason: (a) all rights and obligations of both parties, including all licenses granted hereunder, shall immediately terminate; (b) any amounts owed to tappr.dev under this Agreement will become immediately due and payable; and (c) each party will return to the other all property (including any Confidential Information and Customer Data) of the other party. The sections and subsections titled Definitions, Restrictions, Ownership, Fees and Payments, Disclaimer, Limitation of Liability, Confidentiality, Indemnification, Effect of Termination, and Miscellaneous will survive expiration or termination of this Agreement for any reason.

10. REFUNDS

Due to the nature of the tappr.dev Services and the resources that are provisioned upon subscription, we do not offer refunds for the tappr.dev Fees satisfied for a Subscription Term. While refunds are not available, the Customer may choose to pause or cancel its subscription at any time while retaining access to the Platform and Services until the end of the subscription period.

11. MARKETING

The Customer agrees that tappr.dev may use the Customer’s name and logo in tappr.dev’s marketing materials or communications (including, but not limited to, the tappr.dev’s Website and in tappr.dev’s marketing presentations) for the sole purpose of indicating the Customer as a user of the tappr.dev Platform and Services. Neither party will issue a press release announcing its relationship with the other party without the other party’s prior approval, not to be unreasonably withheld or delayed. Subject to the terms and conditions of this Agreement, the Customer hereby grants to tappr.dev a non-exclusive and limited license to use and publicly display Customer’s logo as set forth in this Section.

12. MISCELLANEOUS

  1. Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  2. No Assignment. Neither party shall assign, subcontract, delegate, or otherwise transfer this Agreement, or its rights and obligations herein, without obtaining the prior written consent of the other party, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void; provided, however, that either party may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without the consent of the other party. The terms of this Agreement shall be binding upon the parties and their respective successors and permitted assigns. Force Majeure. tappr.dev will not be liable hereunder by reason of any failure or delay in the performance of its obligations under this Agreement on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause that is beyond the reasonable control of tappr.dev.
  3. Independent Contractors. The Customer’s relationship to tappr.dev is that of an independent contractor, and neither party is an agent or partner of the other. The Customer will not have, and will not represent to any third party that it has, any authority to act on behalf of tappr.dev.
  4. Notices. All notices or other communications required or permitted under this Agreement will be in writing to the other party. Notices to tappr.dev must be sent via email to support@tappr.dev. Notices to the Customer must be sent to the email address tied to the Customer’s account. Either party may change its email address for receipt of notice by giving notice of such change to the other party.
  5. Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matters hereof and supersedes and merges all prior discussions between the parties with respect to such subject matters. No modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, will be effective unless in writing and signed by an authorized signatory of the Customer and tappr.dev.

13. AGREEMENT UPDATES

When changes are made, tappr.dev will make a new copy of this Agreement available on the Website and Platform and will also update the "Last Updated" date at the top of this Agreement. For any material changes, tappr.dev will send the Customer an updated copy of this Agreement to the email address tied to the Customer’s account. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for new customers and thirty (30) days after posting for existing customers. tappr.dev may require customers to provide consent to the updated Agreement in a specified manner before further use of the tappr.dev Platform and Services is permitted. IF THE CUSTOMER DOES NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), CUSTOMER SHALL STOP USING THE TAPPR.DEV PLATFORM AND SERVICES.

14. DEFINITIONS

  1. "Documentation" means the technical materials provided or made available by tappr.dev to the Customer in hard copy or electronic form that describe the features, functionality or operation of the tappr.dev Platform and Services.
  2. "Effective Date" means the date on which the Customer first began using the tappr.dev Platform and Services.
  3. "tappr.dev Fees" means the then current fees for the tappr.dev Services set forth athttps://tappr.dev/#plans.
  4. "Intellectual Property Rights" means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, and other proprietary rights of every kind and nature other than trademarks, service marks, trade dress, and similar rights; and (f) all registrations, applications, renewals, extensions, or reissues of the foregoing, in each case in any jurisdiction throughout the world.
  5. "Customer Data" means any data and/or other content provided or developed by or on behalf of Customer and used with the tappr.dev Platform and Services.
  6. "Subscription Term". A month-long subscription for the applicable tappr.dev Services, after the Customer satisfies the applicable tappr.dev Fees, which shall automatically renew on a monthly basis until terminated or paused, as described at https://tappr.dev/#plans.

15. SUPPLEMENTAL TERMS

The tappr.dev Platform and Services may contain or otherwise make available the following third-party software and services, which is subject to additional licensing terms set forth below. If the Customer does not agree with these Supplemental Terms, it may not access or use the applicable third-party software and services.

Appetize

Appetize provides in-browser iOS and Android emulators for testing mobile apps. Appetize Terms of Service and Privacy Policy can be found at https://appetize.io/legal.

Firebase App Distribution

Firebase App Distribution provides private beta iOS and Android apps distribution for testing mobile apps in your own devices. Firebase App Distribution Terms of Service can be found at https://firebase.google.com/terms/crashlytics.