Last updated January 22, 2024
Please note, while our applications share information related to wellness, they do not purport to provide therapeutic, medical, or other professional advice or services. They are not intended to, and do not promise to, diagnose, treat, alleviate, or prevent any health or mental health conditions or illnesses. Users should not depend on information provided by our applications when making health or wellness decisions and should always consult with a healthcare professional for such advice.
Tappy applications are licensed to You (End-User) by Pacific Games LLC, located in 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. Pacific Games 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. Pacific Games 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 APPLICATIONS
Tappy (hereinafter: Application) is a mobile software developed by Pacific Games LLC, designed to provide a haptic (vibration) well-being and journaling experience. By combining vibrations with visual elements, the Application aims to assist users in achieving relaxation efficiently. It is important to note that the Application is not specifically tailored to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). Therefore, if your intended use of the Application falls under the purview of such laws, we recommend refraining from using it. Furthermore, it is strictly prohibited to utilize the Application in any manner that would violate the Gramm-Leach-Bliley Act (GLBA). Journal With Tappy (hereinafter: Application) is a mobile software developed by Pacific Games LLC, with a focus on journaling functionality. This Application is specifically designed for use on Apple mobile devices.
2. ACCEPTANCE OF TERMS
By accessing and using the Tappy apps' website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must refrain from accessing or using the website.
3. INTELLECTUAL PROPERTY
All intellectual property rights in the Tappy apps, including but not limited to the Application, website content, trademarks, logos, and designs, are owned by Pacific Games LLC or its licensors. You agree not to reproduce, distribute, modify, or create derivative works of any material found on the website without prior written consent from Pacific Games LLC.
4. LIMITATION OF LIABILITY
To the extent permitted by applicable law, Pacific Games LLC and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use or inability to use the Tappy apps' website or Applications, even if advised of the possibility of such damages.
5. SCOPE OF LICENSE
5.1) 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.
5.2) 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.
5.3) 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 Pacific Games LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the
Application.
5.4) 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 Applications, or any part thereof
(except with Pacific Games LLC's prior written consent).
5.5) 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.
5.6) Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to
prosecution and damages.
5.7) Licensor reserves the right to modify the terms and conditions of licensing.
5.8) 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.
5.9) All In-App Purchase Sales are final and we assume no responsibility for accidental purchases. The term "Unlock" or "Upgrade" used on buttons throughout any Tappy application is used to prompt an In-App Purchase.
6. TECHNICAL REQUIREMENTS
6.1) The Application requires a firmware version 1.5.0 or higher. Licensor recommends using the latest version of the firmware.
6.2) 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.
6.3) 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.
6.4) Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
7. MAINTENANCE AND SUPPORT
7.1) 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.
7.2) Pacific Games 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.
8. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and
that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://tappyhealth.com/privacy
9. USER COMMENTS, FEEDBACK, EMAILS, REVIEWS, AND OTHER SUBMISSIONS
The Site and/or any 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 any 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 any 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.
10. USER GENERATED CONTRIBUTIONS
The Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
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.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
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 include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
12. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.
11. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
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.
12. LIABILITY
12.1) 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.
12.2) Pacific Games LLC takes no responsibility for any loss of user data inputted into any of its applications.
13. WARRANTY
Pacific Games LLC strives to provide a high-quality and enjoyable user experience with its applications. However, please note that Tappy apps are provided "as is" and without any warranty or guarantee of specific outcomes or functionalities. We make no guarantees regarding the absence of malware, viruses, or defects in the application, nor do we warrant that the application will meet your specific requirements or expectations.
We recommend inspecting the application upon installation and promptly reporting any issues or concerns to us. We will do our best to address and resolve reported defects or provide necessary support. However, Pacific Games LLC shall not be liable for any losses, damages, or liabilities resulting from the use or inability to use the application.
Please use Tappy apps responsibly and in accordance with our terms and guidelines. If you have any questions or need assistance, please contact us.
14. PRODUCT CLAIMS
Pacific Games LLC and the End-User acknowledge that Pacific Games 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.
15. 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.
16. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
Pacific Games LLC
United States of America
17. TERMINATION
The license is valid until terminated by Pacific Games LLC or by You. Your rights under this license will terminate automatically and without notice from Pacific Games 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.
18. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Pacific Games LLC represents and warrants that Pacific Games LLC will comply with applicable third-party terms of agreement when using licensed applications. 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.
19. INTELLECTUAL PROPERTY RIGHTS
Pacific Games 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, Pacific Games LLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
20. APPLICABLE LAW
This license agreement is governed by the laws of the State of California excluding its conflicts of law rules.
21. USE OF TAPPY BY MINORS
To use any Tappy application, you must be 18 years of age or the age of majority in your province, territory, or country. Individuals under the age of 18 or below the applicable age of majority may access and view the content displayed in any Tappy application only with the involvement and consent of a parent or legal guardian. We encourage parents and legal guardians to supervise and actively participate in their minor's use of Tappy to ensure appropriateness and safety. By allowing a minor to use Tappy, you acknowledge and accept responsibility for their access and use of the application, including adherence to these Terms of Use. It is our commitment to provide a safe and enjoyable experience for users of all ages.
22. DEVICE REQUIREMENTS
To experience all features of any Tappy application with your iPhone or other Apple Device, your Device must satisfy certain system requirements. You can find these requirements on the Tappy applications and the Apple marketplace.
23. CHANGING FEES AND CHARGES
Pacific Games 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.
24. SUBSCRIPTIONS
24.1) General:
These Subscription Terms and Conditions ("Subscription Terms") govern your purchase of renewable subscriptions ("Subscriptions") for Tappy apps provided by Pacific Games LLC ("Company," "we," "our," or "us"). By purchasing a Subscription, you agree to be bound by these Subscription Terms, which are part of our overall Terms of Service.
24.2) Subscription Options:
The App offers several Subscription options for accessing premium features including a Monthly and Annual subscription.
24.3) Free Trials and Introductory Offers:
From time to time, we may offer free trials or introductory offers for Subscriptions ("Introductory Offers"). If you accept an Introductory Offer, you agree that your Subscription will automatically renew at the regular price at the end of the trial or introductory period, unless you cancel the Subscription through your Apple subscription settings prior to the end of the trial or introductory period.
24.4) Auto-Renewal:
All Subscriptions are set to automatically renew at the end of the billing cycle at the then-current subscription rate. If you do not wish for your Subscription to renew automatically, you must cancel your Subscription through your Apple subscription settings prior to the end of the current Subscription term. If there are any price changes to your Subscription, you will be notified by Apple through email, and you have the option to cancel your Subscription before the new price takes effect.
24.5) Payment and Billing:
Payment for Subscriptions will be charged to your Apple ID account upon the confirmation of purchase. The Subscription will automatically renew and your account will be charged within 24 hours prior to the end of the current Subscription period, unless you cancel at least 24 hours before the end of the current period.
24.6) Cancellation and Refunds:
You can cancel your Subscription at any time through your Apple subscription settings. If you cancel your Subscription, you will not be eligible for a refund for the current Subscription period, but you will continue to have access to the premium features until the end of the current Subscription term.
24.7) Price Changes:
We reserve the right to modify Subscription fees at any time. Any price changes will take effect following an email notice to you by Apple and will apply to subsequent Subscription periods. If you do not agree to the new price, you have the option to cancel your Subscription through your Apple subscription settings before the new price takes effect.
24.8) Promotional Offers and Codes:
Promotional offers and codes may be available for Subscriptions. These offers may be subject to separate terms and conditions, and if you choose to take advantage of them, you agree to comply with any additional terms and conditions.
24.9) Termination:
We reserve the right to terminate or suspend your Subscription and access to the premium features if you violate these Subscription Terms or any other terms that apply to the use of the App.
24.10) Contact:
If you have any questions about these Subscription Terms, please contact us on the About page.
25. DISCLAIMER
Pacific Games LLC, a provider of mobile relaxation and entertainment content in the health & therapy space, wants to emphasize that it is not a medical device or health care provider. Our Tappy application is designed for entertainment purposes and should not be considered as a substitute for professional medical advice. It is important to consult your physician or other qualified health care provider regarding any health concerns or conditions. Pacific Games LLC does not make any claims or guarantees about the specific effects or benefits of using any Tappy application or other products.
It is important to seek advice from your healthcare professional before starting breathing exercises to confirm it is appropriate for you. Breathing techniques can pose potential risks for individuals with specific medical or neurological conditions, such as epilepsy, heart-related problems, anxiety, PTSD, or for those who are pregnant.
26. MISCELLANEOUS
25.1) 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.
25.2) Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
25.3) By using any Tappy application or any Pacific Games LLC product you agree to these Terms and Conditions.