Last Updated: April 14, 2015
Welcome to Tap Help, a service offered by Dandachli, LLC. (referred to as “the Company,” “we” or “us”). Please review these Terms of Service (TOS) carefully and contact us with any questions you may have. The terms "you" and "your" refer to the user of Tap Help services. By accessing or using Tap Help (“the Service”), you acknowledge, accept and agree to these TOS. If you do not agree to these TOS, you should not use the Service. The Company has the right to change the TOS in any way and at any time at it sole discretion. The Company will attempt to notify you of any changes in the TOS, but it is your responsibility to review these TOS so you are aware of any changes or updates. We will post any modifications on www.TapHelp.me. You agree that you will be considered to have been given notice of any modifications once we post them to www.TapHelp.me and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.
We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Tap Help account.
The Service is intended for use by people who are 18 years of age or older. If you are between age 13 and age 18, you affirm that you are an emancipated minor or have your parent or legal guardian’s consent to use the Service, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the TOS, and to abide by the TOS. If you are under age 13, you may not, under any circumstances or for any reason, use the Service.
The Application allows users to quickly connect and share location information with emergency contacts and services, such as the police (“Emergency Services”).
LOCATION BASED SERVICES
Dandachli, LLC may collect location-based information when User uses the Application to communicate with Emergency Services. User agrees that Dandachli, LLC has the right to use such information to provide User with Application services - and improve the Application. Depending on the functionalities available on User’s mobile device, User may benefit from advanced options to manage the location-based information.
LIMITS ON WHAT YOU CAN DO WITH THE SERVICE
In addition to any other restrictions contained in the TOS, when using Service, you agree that you will not: 1) Use the Service for any purpose that is illegal, beyond the scope of the Service's intended use, or prohibited in the TOS; 2) Take any action that compromises the security of the Service; 3) Interfere with or hinder the operation of the Service or any other individual's use of the Service; 4) Use any data mining or extraction methods in relation with the Service.
By agreeing to these TOS, you agree to indemnify, defend, and hold harmless the Company, its managing members, shareholders, employees, subsidiaries, affiliates, licensors and supplies from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to your use of the Service.
THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DANDACHLI, LLC MAKES NO WARRANTY THAT (I) THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE APPLICATION WILL MEET USER’S REQUIREMENTS. DANDACHLI, LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY EMERGENCY SERVICES PROVIDERS (POLICE, PARAMEDICS, ETC.) OR THE STABILITY, CONNECTIVITY, OR EFFECTIVENESS OF ANY WIRELESS OR CELLULAR NETWORK DURING ANY EMERGENCY SITUATION. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. IN NO EVENT SHALL DANDACHLI, LLC, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE APPLICATION: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.). DANDACHLI, LLC SHALL NOT BE RESPONSIBLE FOR, LIABLE WITH RESPECT TO, THE ACTS OR OMISSIONS OR ANY EMERGENCY SERVICES PROVIDERS (POLICE, PARAMEDICS, ETC.) OR THE FAILURE OF ANY WIRELESS OR CELLULAR NETWORK DURING ANY EMERGENCY SITUATION. DANDACHLI, LLC SHALL NOT THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Except where prohibited by law, in no event will Dandachli, LLC. or any of its affiliated entities be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from: 1) the use of, or inability to use, the Service; 2) the performance of the services and materials available from the Service; or 3) the conduct of other users of the Service, even if Dandachli, LLC has been advised of the possibility of such damages. You assume complete responsibility for your use of the Service. Your only remedy against the Company for dissatisfaction with the Service or any content is to stop using the Service.
If, notwithstanding the TOS, Dandachli, LLC is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service or any content, Dandachli, LLC's liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you, in which case, the Company’s liability to you will be limited to the fullest extent permitted by applicable law. The limitations in this section shall survive any termination or expiration of your account or your use of the Service.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TAP HELP AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and Tap Help agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and Tap Help are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Tap Help agree (a) that any arbitration will occur in Travis County, Texas; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the state or federal courts of Travis County, Texas have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND Tap Help WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
CONTROLLING LAW AND SEVERABILITY
SPECIAL NOTE TO INTERNATIONAL USERS
The Service and the www.TapHelp.me website are hosted in the United States and are intended for and directed to users in the United States. If you are a user accessing the Tap Help Service or http://www.TapHelp.me website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Service or www.TapHelp.me website, which are governed by U.S. law, the TOS and the Tap Help Privacy Notice, you are transferring your personal information to the United States and you consent to that transfer.
QUESTIONS AND COMMENTS
The Tap Help team welcomes any comments, questions, concerns, or suggestions that you might have.
Please send all feedback to firstname.lastname@example.org