Vegan Cupcakes Inc. (“Tapito”) reduces wallet clutter by allowing you to toggle between multiple payment methods on an Android mobile application (an “App”) available at tapito.co (“Site”) or elsewhere. The Tapito App, and the Site are collectively referred to herein as the “Service”). This Master Terms of Service along with the Additional Terms (defined below), as such terms and policies may be updated from time to time (collectively, the “Terms”), governs your use of the App and the Tapito Service.

By downloading the App, visiting the Site, or otherwise accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. USE OF THE SERVICE.

You are solely responsible for the use of the Service. By using the service you acknowledge that your use of the Service is solely at your own risk. Your use of the App or any other downloadable software components provided by Tapito is subject to these Terms and any Additional Terms provided by Tapito.

Note that the Tapito App does not communicate with Tapito, the internet, or any other third party and does not therefore collect any user information, including card details.

2. ADDITIONAL TERMS.

In addition to these Master Terms of Service, the following additional terms apply to your use of the Service. By using the Service, you agree to be bound by these additional terms (including any age restrictions applicable to use of a particular App or feature of the Service), as applicable, which are incorporated herein by reference (collectively the “Additional Terms”):

In the event of a conflict between the terms and conditions in this document and the terms in any of the Additional Terms, these Master Terms of Service will control.

3. LICENSE GRANT.

Subject to these Terms, Tapito grants you a limited, non-exclusive, non-transferable, term-limited, non-sublicensable, revocable license to use any software that is provided by Tapito that is pre-installed on, embedded in or incorporated into the Tapito App (“ Embedded Software”) solely in connection with your use of the Service.

4. USE RESTRICTIONS.

Tapito does not allow use of the Service for any illegal, abusive purposes, in any manner that interferes with or interrupts the proper functioning of the Service, or through the use of any bot, crawler, spider, or other automated process. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, Tapito, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting Tapito Support at devs@tapito.co.

5. TERM AND TERMINATION.

These Terms will remain in effect until terminated. Your rights and licenses under these Terms will terminate immediately upon your breach of the Terms. You may terminate these Terms by canceling your account with Tapito and, if applicable uninstalling and ceasing use of the Apps. Tapito may terminate the Service, disable any App, and/or these Terms, or limit or terminate your access to the Service at any time for any reason or no reason at all. No refunds will be granted in connection with any termination of the Service. Sections 2-3 and 9-18 shall survive the termination of this Agreement for any reason, along with any provisions of the Additional Terms that expressly by their terms survive. You agree that termination of your account is your sole remedy for any dissatisfaction with the Service.

6. MODIFICATIONS.

Tapito reserves the right, in its sole discretion, to add, remove, or modify features of the Service at any time for any reason without liability to you. Tapito may change, modify, add, or remove portions of these Terms (including the Additional Terms) at any time by making such modified terms available to you on the Tapito website or through an App, or both. If Tapito materially modifies these Terms, it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. No modifications to these Terms will apply to any dispute between you and Tapito that arose prior to the date of such modification. Your use of the Service after modifications to these Terms become effective constitutes your binding acceptance of such changes. If you are dissatisfied with the terms of these Terms, then you agree that your sole and exclusive remedy is to discontinue any use of the Service.

7. INDEMNITY.

You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Tapito and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Tapito Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service at any time; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. Tapito reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with Tapito’s defense of such claim.

8. WARRANTY DISCLAIMER.

THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY STATED AT HTTPS://TAPITO.CO. THE TAPITO ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE TAPITO ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING THE TAPITO ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND ANY MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES IS AT YOUR OWN DISCRETION AND RISK.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

9. LIMITATION OF LIABILITY.

IN NO EVENT WILL THE TAPITO ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE TAPITO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.