End User License Agreement & Privacy Policy
This is End User License Agreement (the “Agreement”) sets forth the legally binding engagement between Smart Media Internet Marketing Ltd. (hereinafter referred to as “Tapvpn” and also ‘us’, ‘its’, ‘ours’ and/or ‘we’) and you (hereinafter referred to ‘you’, ‘your’, and/or ‘yourself’), a user/visitor/browser of our websites, products and services, whether registered under an account or not.
Overall, this Agreement governs your access and use of the Tapvpn software (the “Software“), the Tapvpn SDK as incorporated in other software or services, the Tapvpn websites (the “Site“, along with its sub-domains and its mobile optimized versions) and any appertaining content, services, components and applications thereto (the “Features“) as offered by us (all of them shall be collectively referred to herein as the “Services“).
This Agreement shall be supplemented our Privacy Policy – http://www.tapvpn.com/terms-of-service/, and any and all of the guidelines, terms and policies made available by us from time to time, and incorporated herein by reference.
Your Use of the Services
If you continue to browse and use this Site or use our Services, you acknowledge and agree that any such use and access thereof will be governed by the terms of this Agreement, either by simple use or through a clickable action, such as the “I Agree” button or otherwise. Tapvpn hereby reserves all rights not expressly provided in this Agreement. Overall, your access to the Services is licensed only for your individual use, and not for the use or benefit of any third party you may represent.
User Privacy
By disclosing any information to us, you agree to the terms of our Privacy Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Privacy Policy.
Updates to the Agreement
Tapvpn reserves the right to update, amend, modify, edit, terminate, upgrade, or otherwise change this Agreement, the Services, the Software, the Features and the Site, at any time and without prior notice. Any changes thereto will be shown on the Site, and you may also be notified by email. The date where the last effective amendments were done by us will govern, and therefore your use of our Services after such date, either by registering for an account or by simple use, will constitute your express acceptance of any such changes.
Proprietary Rights
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site, Features and Services are the property of or otherwise are licensed to Tapvpn and its licensors and affiliates, whether acknowledged (or not), and which are protected under intellectual property laws, including copyright laws and treaties and other jurisdictions throughout the world.
Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site or our Services, in whole or in part.
This Agreement does not convey to you any interest in or to the Software, Site or Features, or any of the Services, but only a limited, revocable right of use in accordance with the terms of this Agreement. Nothing in this Agreement entails a waiver of our intellectual property rights under any applicable law. The Tapvpn logos and trademarks are our registered and protected trademarks and no right, license, or interest in any such trademarks is granted hereunder to you.
For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, including any versions, revisions, corrections, modifications, enhancements and/or upgrades thereto, accompanying materials, services and any copies you are permitted to make under this Agreement.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of this Agreement, either in equity or through injunctive or other equitable relief.
Software Updates and Upgrades
For your convenience, the Software is able to automatically update via the default settings. You can configure the settings to turn off automatic updates and upgrades, though we do not recommend it. The updates and/or upgrades, whether done manually or automatically, are integral part of the Software, and therefore are subject to the terms of this Agreement. They may include security revisions, error corrections, bug fixes, software compatibility patches and new features or functionalities. We will inform you if any such updates or upgrades are subject to a separate license or agreement (e.g. new components or third party modules). We make no representations or warranties regarding such updates and upgrades, and hereby disclaim any and all appertaining liability. The updates and upgrades, along with the Software, Features and/or the Services or any portion thereof (including their names, title, logo or design) may be changed, edited, modified or altered by us, in whole or in part. We also reserve the right to suspend or terminate access therefor and/or to completely cease providing them, in our sole and final discretion, and with no responsibility to you.
Resource Utilization
The nature of the Services entails that a part of your Internet, network connection and computer resources will be utilized by the Software. Please take into consideration that we will undertake our best effort not to enable any use of your device’s resources, unless your resources are at any such that time idle and have at least sixty percent remaining battery power (for the case of laptops and mobile devices). By default, the Software is configured to use Wi-Fi, and will only use very limited cellular data. Overall, we strive to maintain the highest levels of privacy and security for our users.
Beta Software and Features
You hereby acknowledge and agree that part of the Software, Features and Services may or will be provided in beta stage, and that therefore you may encounter bugs and/or limited functionalities thereof. The Services have not been completely tested in all situations or devices, and they may contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.
Third Party Websites and Content
From time to time, our Site, the Features and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites (or their products and services). Please review the applicable terms and policies of such websites, including their privacy and data collection practices.
We may place ads and promotions from third party sources in the Site. Accordingly, your participation or undertakings in promotions of third parties other than Tapvpn, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Tapvpn is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.
User Code of Conduct
All of our users agree to not use, permit or facilitate the use or access of the Site, the Features, the Software and the Services, in order to:
- Collect, receive, transfer or disseminate any personally identifiable data of any third party unless such action has due consent from the title holder.
- Disseminate or upload infringing, false, duplicated, altered or otherwise deceptive data.
- Breach our Agreement, or otherwise allow, encourage or facilitate others to undertake similar actions.
- Transmit any type of viruses, worms, defects, Trojan horses or other malicious code.
- Employ any automated or manual procedure to copy, download, execute or exploit our Services, in whole or in part, to receive not permitted data.
- Intercept or monitor data via our Services without due authorization from us.
- Plagiarize and/or infringe the privacy rights or intellectual property rights of any person, including any violation of confidentiality, trade secret, patent, copyright, privacy right, trademark, moral right, right of publicity or any other proprietary or intellectual property right.
- Execute, program or use any utility or code to scrape, data-mine, index, retrieve or otherwise extract unauthorized data from the Services or Site (e.g. search/retrieval applications, software ‘robots’ and ‘spiders’ and similar data extraction and gathering items whatsoever).
- Disseminate or otherwise disclose any content that: (i) violates or endangers the intellectual property rights of any party (e.g. trade secret, trademark, copyright, moral rights); (ii) promotes or causes discrimination, harm,racism, hatred, libel or violence against any group or person; (iii) endangers children; (iv) is or may be illegal; (v) is or may be a criminal act; and/or (vi) is or can be purported to be threatening, defamatory, obscene, tobacco, alcohol, marijuana, pornographic or similar content.
- Execute any code or process causes or may cause a dangerous load on Tapvpn’s and/or its partners’ and affiliates’ technology, network, systems or infrastructure.
- Reverse engineer, decompile or extract any proprietary code.
All users must acknowledge and agree that any breach of these items could cause the immediate termination of access to the Software, Site, Features and our Services, without refund or reimbursement.
Parental Notice, User Eligibility
Tapvpn does not provide its Services to persons under the age of eighteen (18). All of our users are prohibited from providing us with personally identifiable information of persons under the age of thirteen (13).
Representations and Warranties
You hereby represent, warrant and covenant that: (i) your use of our Services and all your uploaded and used data shall be at all times compliant with this Agreement and all local, state, federal and international laws and regulations applicable to you and your organization; (ii) you have obtained all necessary rights, releases and permissions to provide all your data to Tapvpn and its affiliates, licensors and agents and to grant the rights granted to Tapvpn in this Agreement; and (iii) your data and its transfer to and use by Tapvpn and its affiliates, licensors and agents as authorized by you under this Agreement shall not violate any export control and electronic communications regulations the rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies.
Warranty Disclaimer
The Services, the Software, the Features and the Site, including support or other services by us or our licensors, to the fullest extent under applicable law, are provided to you “as is”, “as available” and with “all faults”, without warranty of any kind, and henceforth any use will be at your own and final risk. Tapvpn, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, custom, common law, course of dealing or otherwise, however arising, including implied warranties of non-infringement, adequacy, description, quality, fitness for a particular purpose, integration, title, non-interference, suitability use and/or enjoyment. The entire risk of satisfactory quality and performance resides with you. No oral or written advice provided by Tapvpn, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any express or implied warranty.
Neither Tapvpn, nor its affiliates, subsidiaries, officers, employees and agents warrantee that any requirements or error will be corrected, that the Services, the Software, the Features or the Site will be uninterrupted, secure, error-free or that they will produce any particular results.
Disclaimer of Damages
Neither Tapvpn, nor affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, under any circumstances whatsoever, shall be held liable for any punitive, incidental, aggravated, special, indirect, direct, exemplary, or consequential damages; including losses, costs or expenses of any kind resulting from use access, execution or malfunction of the Site, the Software, the Features and/or the Services; for loss of data or profits; for inability to use the Services; for any loss of business, revenue, profits; for lost or corrupt data, wasted expenditure, re-procurement amount, anticipated savings or other commercial or economic loss; however arising out of or related thereto, whether arising in tort (including negligence), strict liability, contract or other legal or equitable theory; and whether Tapvpn or its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages. Tapvpn, and its affiliates, subsidiaries, officers, employees and agents,assume no liability or responsibility and hereby disclaim any and all warranties resulting from your access to and use of our Services; for any access to your device or use of our secure servers; for any stored or inaccessible personally identifiable data or financial data; for interruption or cessation of transmission of data or code.
Limitation of Liability
This Agreement provides you with specific liability rights, and you may have other rights that may vary from one jurisdiction to another. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
As for this limitation of liability, Tapvpn’s affiliates, licensors, resellers, affiliates and distributors are third party beneficiaries to the limitations of liability specified herein, and you agree that they may enforce this Agreement against you. Except as required by applicable law, in no event shall either Tapvpn’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages exceed the actual price paid by you for the license and/or use of the Services in the twelve (12) months preceding the claim; or the amount of USD$50.00 (Fifty United States Dollars); whichever amount results less, and any award for direct, provable damages shall not exceed such amount.
Indemnification
You hereby agree and covenant to indemnify, defend and hold harmless Tapvpn, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (hereinafter referred to as the “Indemnitees”), from and against, any and all third party claims, causes of action, liabilities, losses, damages, expenses, fines, judgments, processes, demands and settlements (including any and all reasonable outside attorneys’ and experts’ fees and court costs) which may be suffered, made or incurred by any of such Indemnitees arising out of or relating to any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Tapvpn); and/or any claim from third parties arising out of or in relation to the Site, the Software, the Features and/ or the Services or use thereof in combination with your business platform, including without limitation, any claim arising out of any use thereof or alleged use of your account or your password by any person, whether or not authorized by you; your violation or breach of this Agreement or your violation of any proprietary or intellectual property right of any person.
Term and of Termination
The term hereof shall begin on the date that comes first among: (i) first access to the Site; or (ii) your first access or execution of our Services. You may terminate your engagement with us at any time, by either permanently deleting and/or making inaccessible any and all instances of our Services for which you have access.
This Agreement, along with any and all licenses granted hereof may or will automatically terminate if you breach any of the terms and conditions herein. The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion; (ii) access termination or access revocation for our Services; (iii) Tapvpn’s termination of this Agreement, at its sole and final discretion; (iv) the termination date indicated by Tapvpn to you from time to time; or (v) Tapvpn’s decision to make the Site or Services no longer available for use, at its sole and final discretion.
We hereby reserve the right to take any of the following actions in our sole discretion at any time without any prior notice to you: (i) restrict, deactivate, suspend, or terminate your access to the Services, including deleting your accounts and all related information and files contained in your account; (ii) refuse, move, or remove any material that is available on or through the Services; (iii) establish additional general practices and limits concerning any use of the Services.
Upon termination for breach, your rights to use our Services and any information provided or generated thereby shall cease and you shall not be entitled to any compensation, credit, remedy or refund of any nature. Termination by us for non-payment will not relieve you from your payment obligations, which will continue in full force and effect. We reserve the right to reinstate your account and your access to the Services once you pay all accrued amounts to us.
Compliance with Export Controls
You will comply with all applicable export laws and restrictions and regulations of the US Department of Commerce, Israel or other United States or foreign agency or authority, and you will not use the Services to export, or allow any export or re-export in violation of any such restrictions, laws or regulations. You represent and warrant to Wajooba that you are not a prohibited party or located in, under the control of, or a national or resident of any restricted country, and that you will otherwise comply with all applicable export control laws. If you reside outside Israel and the United States, then in addition to complying with the foregoing, you will comply with any relevant export control laws in your local jurisdiction.
Generals
Entire Agreement. This Agreement shall constitute the full and entire understanding and agreement between the parties with regard to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Amendments and Waivers. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively, only with the written consent of Tapvpn. Any waiver or amendment effected in accordance with this Section shall be binding upon each party to this Agreement.
Assignment. This Agreement will inure to the benefit of any successors of the parties. You may not assign, sublicense, or delegate your rights under this Agreement. You agree that this Agreement and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, at our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part.
Force Majeure. We shall not liable for any failure of performance of our obligations under this Agreements, where such failure of performance arises from any cause beyond our reasonable control, including but not limiting to, Acts of God, electronic, power, mechanic or network failure.
Notifications. Rom time to time, we may be legally required to notify you of certain matters. In that regard, you hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or through the Services or delivering them to you via email. You may update your email address through your account or where you have provided us with your contact information otherwise. If you do not provide us with accurate contact, we cannot be held liable if we fail to notify you.
Language. This Agreement may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
No Relationship. Tapvpn and you are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship shall be created hereby.
Severability. If any provision of this Agreement is found to be unenforceable, then such provision will be modified to reflect the parties’ intention, and the remaining provisions of this Agreement will remain in full force and effect.
Applicable Law. The parties hereto that any use of this Site and any cause of action, claim and/or dispute that might arise between the parties, shall be subject to the laws of Israel, without regard to conflict of law principles.
Forum. The parties hereto agree that any dispute arising from or relating to this Agreement will be heard solely by a court or tribunal of competent jurisdiction in or nearest to the City of Tel Aviv-Yafo, Israel.
If you bring a dispute in a manner other than in accordance with this Forum Section, you covenant that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. In addition, we may seek injunctive relief in any court of competent jurisdiction. There are no third party beneficiaries to this Agreement. The parties hereto agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.
Contact
If you have any questions or queries about us, our Site,our Services or this Agreement, please contact as indicated in our contact page.
Date of last effective update is March 8th, 2018.