Terms Of Service

[Updated as of December 2015]

INTRODUCTION
TapReason Ltd. (“TapReason ", “we”, "us", “Our” or “Ours”) welcomes you (“You”, “User” ) to TapReason platform service which optimizes business processes for mobile applications (the "TapReason", and the "Service(s)", as further defined below) which is available through our website at TapReason.com (the “Site”). Each of the Site's and Service’s Users may use the Site and Service in accordance with the terms and conditions hereunder.

1. ACCEPTANCE OF TERMS
TapReason Ltd. (“TapReason ", “we”, "us", “Our” or “Ours”) welcomes you (“You”, “User” ) to TapReason platform service which optimizes business processes for mobile applications (the "TapReason", and the "Service(s)", as further defined below) which is available through our website at TapReason.com (the “Site”). Each of the Site's and Service’s Users may use the Site and Service in accordance with the terms and conditions hereunder.

2. DESCRIPTION OF SERVICE
Our services aims to optimize business processes for your mobile applications and improve your growth, retention and monetization. We do that by detecting behavioral usage patterns and leveraging them to trigger the right events at the right time for the right users. For such purpose, and in order to provide you with such services, we will measure and monitor your application’s end-users action, touch gestures, usage, device sensors, scrolling activity and any other actions the end-user performs (clicked buttons and so on) in the application. Based on the gathered data, we build behavioral patterns and, according to your configuration, we will then trigger an event or perform a real time interaction with your application’s end-users.

  • You must register to our Service and have a valid account (as such term is defined below), by completing the sign up process, which is available at: https://www.tapreason.com
  • You must integrate our proprietary TapReason SDK with your application (by installing it according to our instructions, and installing any updates we may provide at our discretion, including by means of our Site (the "TapReason SDK"), including any fixes, updates and upgrades related thereto and any related accompanying documentations provided to you by TapReason Ltd. for the purpose of measuring and monitoring data regarding physical activities of end-users of your application and for the purpose of storing such data in a database (the "End-User's Data", as further detailed below).
  • You may inform us on which pages and screens of your application you would like us to exclude or include, and you may tag actions for our analytic to put more emphasis upon, (such as billing buttons) in order that we can segment your application’s end-users more intelligently, and improve the optimization process of our services.
  • It is hereby made clear that we will store and process the End-User Data on your behalf in order to provide You with the Service. We have no direct relationship with the end- users whose data is stored and processed for the purpose of providing you with the Services hereunder and you are responsible for obtaining any necessary consent from your end-users for the use, processing and transfer of their data, as required by applicable law. The end-user's data will be monitored and uploaded to our secured cloud servers (our "Servers") and will be processed and analyzed by our proprietary software, which is able to analyze the end-user's data and to generate an analytics report derived from such recording, which may include graphs, statistics etc. (the "Software" and the "Report", respectively).
  • TapReason’s SDK will trigger events at times and places that our Software detects as optimal for performing the requested task and business process with your application’s end-user. TapReason SDK will use the feedback of the results at these events and send it back to our servers, as soon as your application will be minimized to the background on the End User’s device.
  • After logging into your Account (as such term is defined below) You will have online access to your dashboard Reports. You may use the Reports only in connection with your use of the Service pursuant to these terms and not for any other purpose. TapReason aims to provide a platform that will allow the owners of applications to improve their applications’ growth and monetization process. However, TapReason cannot guarantee that the information and analytics available through the Service, including the dashboard and the Reports, will not include inaccuracies or typographical errors or that the information, analytics and/or Reports will answer any or all of the User’s needs. TapReason does not assume any responsibility for any loss, injury and/or damages incurred as a result or in connection with any decision made or action taken or not taken in reliance on such information and analytics available through the Service, including, without restriction, by means of the proprietary dashboard and the published Reports.
THE SITE, THE SERVICE, THE TapReason SDK, THE DASHBOARD AND THE REPORTS ARE PROVIDED "AS IS" AND “AS AVAILABLE”. TapReason WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICE, THE TapReason SDK, THE DASHBOARD AND/OR THE REPORTS. YOUR USE OF THE SITE AND/OR SERVICE IS ENTIRELY AT YOUR OWN RISK.

3. PRIVACY
TapReason respects your privacy and is committed to protect the information you share with it. TapReason believes that you have a right to know our practices regarding the information TapReason collects when you connect to, access or use the Service and/or Site. Our policy and practices and the type of information collected are described in our Privacy Policy available at https://www.TapReason.com/Privacy.aspx. If You intend to connect to, access or use the Site, the TapReason SDK and/or the Service you must first read and agree to the Privacy Policy.

4. REGISTRATION AND USER ACCOUNT
You have to register to the Site and open an account in order to use our Services (the "Account"). Registration can be made by completing the registration form on the Site at: https://dev.tapreason.com. To create an Account, you must provide a name, password, address, email address, company, the name of your application and required application ids. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms and common practices. At present, we allow you to open an Account for a free trial period. The use of the Services may be in exchange for certain payment, as detailed in the custom plan described at https://tapreason.com (see section Fees and Payment for further details). We reserve the right to change the amounts charged and payment methods for your use of the Services. You must safeguard and not disclose Your username and password of Your Account and supervise the use of such Account. You must provide accurate and complete information for creating an Account. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT. You may not assign or transfer Your rights or delegate Your duties under the Account without the prior written consent of TapReason. You must notify us immediately of any unauthorized use of Your password or Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of Yours to comply with these Terms or from any unauthorized use of Your password or Account or any other breach of security. You may be liable for the losses of TapReason or others due to any such use. If You wish to either change Your username or password to log-in on the Site, you may use the change password feature in your Account settings In order to cancel and remove Your Account from the Site, You may contact TapReason at: [email protected] with such specific request. Your Account on the Site will terminate within reasonable time following Your request, and from that date of termination You will no longer be able to access Your Account. YOU ARE RESPONSIBLE FOR BACKING UP YOUR DATA, ANALYTICS, DASHBOARD DATA AND REPORTS. CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF ANY CONTENT, FEATURES, OR DATA OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

5. USE RESTRICTIONS
Certain conduct is strictly prohibited when using the Service and/or Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result herein (at TapReason’s sole discretion) in the termination of Your access to the Service and/or Site and may also expose You to civil and/or criminal liability. You may not, whether by Yourself or anyone on Your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble, in any way, any portion of the content made accessible by TapReason on or through the Service and/or the Site, including the TapReason SDK, any information, pictures, videos, text, graphics, software programs used by TapReason in connection with the Site or the Services and material and data obtained from or through this Site (collectively, the "Content"), or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without TapReason’s prior written consent; (iii) create a browser or border environment around TapReason Content (no frames or inline linking); (iv) interfere with or violate any other Site or user's right to privacy or other rights, or harvest or collect personally identifiable information about users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit or otherwise make available in connection with this Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Service and/or Content of this Site; (ix) frame or mirror any part of this Site without TapReason's prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from this Site and/or Service; (xi) forward any data generated from the Service and/or Site without the prior written consent of TapReason; or (xii) transfer or assign Your Account's password, even temporarily, to a third party; (xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose; (xiv) use the Service and/or Site and/or Content for non-personal or commercial purposes not in accordance with these Terms or without TapReason’s express prior written consent; (xv) remove, or disassociate, from the Content any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); or (xvi) infringe or violate any of the Terms; (xvi) ) or infringe the intellectual property, moral or publicity rights of any third party. In addition, You agree that You will not use the Service in connection with any website or online service directed to children below the age of 14 and that You will not use the TapReason Services to collect any personally identifiable information related to children in any way.

6. THE END-USER’S DATA
Our Services provide You a tool to optimize business processes based on your end-user's activities on your applications, including collecting, on Your behalf, data pertaining to the End User’s use of Your application (the "End-User Data") (see further details with respect to the End-User Data stored and processed by us, on the User's behalf, in the Privacy Policy). 6.1. You are solely responsible for acquiring the End-User’s consent in regards to the Data that shall be collected, transmitted, measured, monitored, processed and stored via our Services. We do not monitor any text inputs from your application’s end-users. 6.2. It is Your responsibility to inform us which screens and pages of Your application will not be measured, monitored, transmitted, stored and processed, on Your behalf, by the Service. We are not liable for any inaccuracies in the information that you provide to us with respect to the same. 6.3. You will not provide us any Personal Information with respect to Your end-users (as such term is defined in the Privacy Policy, which may include any and all personally identifiable information, for example, name, contact information and information with respect to a person's personality, private family relations, state of health, economic condition, opinions and faith). 6.4. You must post a privacy policy on Your application and that policy must provide, inter alia, the following or equivalent notice: "This application uses TapReason Analytics Service. TapReason may collect, use and store certain data. One category of data TapReason may collect is data connected to your use of this application, such as the application’s name, hours and dates of usage, in-app navigation flow, click patterns, in-app purchase history, physical button clicks, keyboard activation, custom application events, exceptions, rule activation history, device sensors, internet connection data, displayed content and install referral information. TapReason may also collect device based information such as device type and manufacture, OS version, internet connection information, cellular operator’s identity, geo- location, Android ID, IP address and which applications are installed on your device. TapReason does not track your activity across applications which do not use TapReason services. For more information see the Privacy Policy for information collected by TapReason Service (available at https://www.TapReason.com/Privacy.aspx). We use the information collected and analyzed by the TapReason services in order to optimize business processes and improve user experience in the application.” In the event that You have chosen this option and nevertheless it has come to our attention that we received from You any Personal Information with respect to your end-users, we will block Your access to the Service, the Site and/or temporarily or permanently limit, suspend or terminate Your Account (including deleting any information and Content contained in Your Account), in addition to any other remedies that may be available to us under any applicable law under these circumstances 6.5. You may inform us in which screens and pages of your application should not trigger events. 6.6. You hereby grant us a limited non-exclusive and non-assignable license to use, store, upload, analyze, transfer and copy the End-User Data solely for the purpose of providing You with the Services. We own any of the analyses and insights that we obtain from analyzing the End-User Data and may use it and/or commercialize it at our discretion without any payment to You. 6.7. You hereby represent and warrant that (i) You will use the Services in compliance with any applicable laws, including without limitation privacy protection laws, including any applicable laws relating to the collection of information from the End-Users of Your application (including without limitation, You agree to obtain all End-User consents required by applicable law before You use the Service and acknowledge that, as applicable, the database of the End- User's Data of Your application has been duly registered with the applicable governmental authorities); (ii) You own or have obtained the right in and to all intellectual property rights subsisting in the End-User Data, and have the right to provide us the license granted herein in this Section 6.7 to such End-User Data; and (iii) the End-User Data does not infringe or violate any intellectual property rights (including but not limited to, patents, copyrights and trademarks) and does not misappropriate the trade secrets, or violate the privacy rights of any third party, including but not limited to the End-Users. 6.8. You acknowledge and agree that You remain solely responsible and liable for the End-User Data and for the permitted uses of such End-User Data under these Terms. The User controls access to its Account and the End-User Data and has full administrative control over such data, including by its right to view or modify it. 6.9. TapReason will never sell or otherwise share the End-User Data with third parties or use it in any manner not permitted under this Terms without the User's permission.

7. TERMINATION
At any time, TapReason may block Your access to the Service, the Site and/or temporarily or permanently limit, suspend or terminate Your Account, for any reason, at its sole discretion, in addition to any other remedies that may be available to TapReason under any applicable law. Such actions by TapReason may be taken, inter alia, if TapReason deems that You have breached any of these Terms in any manner. Additionally, TapReason may at any times, at its sole discretion, cease the operation of The Service and/or Site or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that TapReason does not assume any responsibility with respect to, or in connection with the termination of the Service and/or Site operation and loss of any data. Upon termination of Your Account (including but not limited due to Your failure to comply with the terms and conditions of these Terms) and/or termination of the Site's operation, the license to the TapReason SDK will immediately expire, and You must remove and delete the TapReason from Your application and destroy all copies of the TapReason SDK in Your possession. You hereby acknowledge that upon termination of Your Account will be deleted from our Servers and You will not be able to recover the deleted information once the Account is terminated (unless agreed otherwise in writing by the You and us). In addition, it is hereby agreed that upon termination of Your Account You will not be entitled to any refunds from TapReason and any unpaid payment obligations. Sections 1, 3 – 20 shall survive the termination or expiration of these Terms for any reason.

8. LINKS
The Site may provide links to websites operated by its affiliates and third parties. Those linked sites are provided solely as a convenience to You. These linked sites are not under the control of TapReason and we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other information on or available from such linked sites or any link contained in a linked site. TapReason reserves the right to terminate any link at any time. You further acknowledge and agree that TapReason shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource. Many of the linked sites provide legal documents, including terms of use and privacy policy, governing the use of such sites. It is always advisable to read such documents carefully before using those sites.

9. TRADEMARK INFORMATION
"TapReason", TapReason™, TapReason’s marks and logos and all other proprietary identifiers used by TapReason in connection with the TapReason SDK (“Company Trademarks”) are all trademarks and/or trade names of TapReason, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and/ or to the Third Party Marks is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to the Company Trademarks or the Third Party Marks and therefore You will avoid using any of those marks, except as permitted under these Terms. You authorize TapReason to use your company name, logo or other applicable trademarks, at any time, for the purpose of referencing you as a customer on the TapReason website or in other promotional marketing materials. If you do not wish to be referenced please contact TapReason at [email protected]

10. LICENSE AND INTELLECTUAL PROPERTY RIGHTS
TapReason hereby grants to You, and You accept, a non-exclusive, non-transferable, non- sub licensable and fully revocable limited license to install, use and distribute the TapReason SDK as part of Your application solely for the limited purpose of using our Services in accordance with the terms contained in this Agreement. You may view and access Your dashboard. The Service, the Site, the Software, TapReason SDK, the Dashboard, the Report, the Content and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of the Site), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, "Intellectual Property"), are owned and/or licensed to TapReason and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, resell, lease, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to TapReason's proprietary rights, including TapReason's Intellectual Property, either by Yourself or by anyone on Your behalf, in any way or by any means, unless expressly permitted in these Terms. TapReason has no obligation to provide support, maintenance, upgrades, modifications, or new releases of the TapReason SDK under this Agreement, unless agreed in writing otherwise between You and us. You are not required to provide us with any feedback or suggestions regarding the Site or Services. However, should you provide us with comments or suggestions for the modification, correction, improvement or enhancement of the Site or Services then you agree that no such feedback shall be subject to any obligation of confidentiality, and we may use or publish such feedback at our discretion.

11. PAYMENT
We accept payment through a certain online payment method (namely, PayPal), which enables You to send payments securely online using a credit card or bank account. Please see the PayPal website (https://www.paypal.com) for more information. Please note that You shall be subject to the applicable PayPal's Terms of Use (See https://www.paypal.com/cgi-bin/webscr? cmd=p/gen/ua/policy_bonus-outside). TapReason is not affiliated with PayPal, as each is an independent contractor, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. Use of PayPal's service is on Your sole discretion and sole liability.

12. AVAILABILITY
The Service and/or Site's availability and functionality depend on various factors, such as communication networks. TapReason does not warrant or guarantee that the Service and/or Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free.

13 MINORS
In order to use the Site and/or Service, You must be over the age of fourteen (14). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of fourteen (14) are not using the Service. In the event that it comes to our knowledge that a person under the age of fourteen (14) is using our Services, we will prohibit and block such User from accessing the Service and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy at https://www.TapReason.com/Privacy.aspx) with regard to such User.

14. DISCLAIMER AND WARRANTIES
TapReason DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SITE AND/OR SERVICES (INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION THAT THE RESULTS OF USING THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS). THE CONTENT AND SERVICES AVAILABLE ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. TapReason DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE CONTENT, THE SERVICE AND THE SITE. TapReason MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT AND/OR SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. EXCEPT AS PROVIDED IN THIS AGREEMENT, THE SERVICE, THE SITE, THE TapReason SDK, THE DASHBOARD, THE REPORTS AND/OR THE CONTENT ARE ALL PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, RELIABILITY AND/OR QUALITY OF SERVICE, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. TapReason DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE USE OF THE SITE AND/OR THE SERVICE. THE USE OF THE SERVICE, THE SITE AND/OR THE CONTENT ARE ENTIRELY AT YOUR OWN RISK AND TapReason SHALL HAVE NO LIABILITY RELATING TO SUCH USE. TapReason DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE AND/OR SITE ARE OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. TapReason SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION TO THE END-USER'S DATA OR OTHER INFORMATION FROM YOUR APPLICATION. TapReason DOES NOT GUARANTEE THAT STORAGE OF SUCH END- USER'S DATA WILL BE SECURED AT ALL TIMES. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE, THE SITE, AND/ OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK AND ANY ACTIONS YOU TAKE BASED ON THE ANY ANALYSES, REPORTS, DASHBOARD REPORTS AND OTHERWISE PROVIDED BY THE SITE AND/OR SERVICES ARE TAKEN AT YOUR SOLE RISK AND WE WILL NOT ACCEPT ANY LIABILITY IN RESPECT THEREOF.

15. LIMITATION OF LIABILITY
IN NO EVENT SHALL TapReason, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, THE CONTENT, THE REPORTS, THE TapReason SDK AND/OR THE SITE (INCLUDING BUT NOT LIMITED TO ANY DAMAGES ARISING FROM YOUR USE OF THE CONTENT, THE SERVICE, THE REPORTS, THE TapReason SDK AND/OR THE SITE), INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SERVICE, THE CONTENT AND/OR SITE, OR THE USE OR INABILITY TO USE THE SERVICE AND/OR SITE, OR FAILURE OF THE SERVICE AND/OR SITE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF TapReason TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF TapReason BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER TapReason HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TapReason assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content, data, Reports or analyses. TapReason is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Service and/or Site, including any injury or damage to Users or End-Users or to any person's computer related to or resulting from participation or downloading materials in connection with the TapReason SDK and/or Services. Under no circumstances shall TapReason be responsible for any loss or damage, including personal injury or death, resulting from use of the TapReason SDK, the Site and/or Services, from any Content posted on or through the Site and/or Service, or from the conduct of any Users of the Site and/or Service, whether online or offline.

16. INDEMNIFICATION
You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer, mobile device, password, or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site and/or Services; (c) your violation of any law or regulation, including privacy laws; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right or moral right; or (e) any other matter for which you are responsible under these Terms or under law. You agree that your use of the Site and/or Services shall be in compliance with all applicable laws, regulations and guidelines.

17. MODIFICATION TO SITE AND/OR SERVICES
You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer, mobile device, password, or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site and/or Services; (c) your violation of any law or regulation, including privacy laws; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right or moral right; or (e) any other matter for which you are responsible under these Terms or under law. You agree that your use of the Site and/or Services shall be in compliance with all applicable laws, regulations and guidelines.

18. AMENDMENTS OF THE TERMS
TapReason may change the Terms from time to time, at its sole discretion and without any notice. We will notify You regarding substantial changes of these Terms on the Site and/or we will send You an e-mail regarding such changes to the e-mail address that You provided in the registration form. Such substantial changes will take effect seven (7) days after such notice was provided on our website or sent by email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and Your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

19. MISCELLANEOUS
We may provide any required notices to the email address, fax number or by first class mail to other contact information you provided upon registration with TapReason. Notices sent by email shall be deemed received when they are sent by us. Notices sent by fax shall be deemed received upon the confirmation of receipt thereof. Notices sent by first class mail shall be deemed received 10 days after sent by us. TapReason and User are and intend to remain independent parties. Nothing contained in these Terms shall be deemed or construed to create the relationship of principal and agent or of partnership or joint venture, and except as otherwise specifically agreed upon in writing by the parties, neither party shall hold itself out as an agent, partner or employee of the other. Neither party shall have any right to bind the other party. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other agreements between the parties regarding the subject matter hereof. A waiver of any default hereunder or of any of the terms and conditions of these Terms shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition. TapReason may assign its rights or obligations pursuant to these Terms. User agrees not to assign any rights under these Terms; any attempted assignment shall be null and void. If any provision of these Terms shall be deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted to give maximum effect to its terms as permitted under law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. These Terms shall be governed by the laws of Israel, and the competent courts in Tel-Aviv/Jaffa, Israel shall have exclusive jurisdiction to hear any disputes arising hereunder.

20. QUESTIONS
If You have any questions (or comments) concerning the Terms, You are most welcome to contact us and we will make an effort to reply as soon as possible: [email protected]