Typetail End User License Agreement

This End User License Agreement (“Agreement”) is between you and TypeTail and governs use of this app made available through the Apple App Store. By installing the TypeTail App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the TypeTail App.

In order to ensure TypeTail provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report Flag” feature found in the “View Mode” of every “tail”.

We will respond to your report mail within 24 hours. We also have a team of moderators who will act on the concerned issue. If we see reports for valid reasons or repeated reports on a particular “Tail”, we will remove the content immediately and also notify and warn the users regarding the report. Users also have a feature to block users in the Play mode section. If we receive repeated reports on a single user or user group, we will block them from using Typetail and its services.

This Agreement is between you and TypeTail only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. TypeTail, not Apple, is solely responsible for the TypeTail App and its content.

All Content, whether publicly posted or privately transmitted (for example, customer support emails), is the sole responsibility of the person who originated such Content. Although we have no obligation to screen or monitor the Content posted to the Services, we may delete or remove such Content at any time and for any reason. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will TypeTail be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Content may not be submitted to TypeTail, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Services, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

You must not create or submit unsolicited stories, messages, loves, follows or other forms of commercial or harassing communications (a.k.a. "spam") to any TypeTail users.

1. Basic Terms

You are solely responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the Services is public by default and will be able to be viewed by other users. You should only provide Content that you are comfortable sharing with others under these Terms.

You are solely responsible for any activity that occurs through your account and accept all risks of unauthorized access. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or commercial or non-commercial entities that are expressly authorized to create accounts on behalf of their employers or clients, you agree that you will not create an account for anyone other than yourself.

You may use the Services only if you can form a binding contract with TypeTail and are not a person barred from receiving services under the laws of India or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that TypeTail provides are always evolving and the form and nature of the Services that TypeTail provides may change from time to time without prior notice to you. If we make a change to these terms that, in our sole discretion, is material, we will notify you in the TypeTail application. In addition, TypeTail may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

2. Privacy and Consent to Transfer Data

Any information that you or other users provide to TypeTail is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States for storage, processing and use by TypeTail. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.

3. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non­exclusive, royalty­free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for TypeTail to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with TypeTail for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by TypeTail, or other companies, organizations or individuals who partner with TypeTail, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners.

You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. TypeTail will not be responsible or liable for any use of your Content by TypeTail in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

4. Your License To Use the Services

TypeTail gives you a personal, worldwide, royalty­free, non­assignable and non­exclusive license to use the software that is provided to you by TypeTail as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by TypeTail, in the manner permitted by these Terms.

5. TypeTail Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of TypeTail and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the TypeTail name or any of the TypeTail trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding TypeTail, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

6. Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of TypeTail, its users and the public.

Except as permitted through the TypeTail Services, these Terms, or the terms provided on dev.TypeTail.com​, you have to use the ​TypeTail API​ if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the TypeTail Services or Content on the TypeTail Services.

If you use commerce features of the TypeTail Services that require credit or debit card information, in the future versions, you agree to our ​TypeTail Commerce Terms​. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non­public areas of the Services, TypeTail’s computer systems, or the technical delivery systems of TypeTail’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by TypeTail (and only pursuant to the applicable ​terms and conditions​), unless you have been specifically allowed to do so in a separate agreement with TypeTail (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of TypeTail is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source­ identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail­bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

7. Copyright Policy

TypeTail respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, TypeTail will also terminate a user’s account if the user is determined to be a repeat infringer.

8. Ending These Terms

The Terms will continue to apply until terminated by either you or TypeTail as follows.

You may end your legal agreement with TypeTail at any time for any or no reason by ​deactivating​ your accounts and discontinuing your use of the Services. You do not need to specifically inform TypeTail when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity under our ​Inactive Account Policy​.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms​, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

Please read this section carefully since it limits the liability of TypeTail and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "TypeTail Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

We do not control, endorse or take responsibility for any third-party content available on or linked to by our Services, including Content posted by our users.

The Services are Available "AS-IS"

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE TypeTail ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

The TypeTail Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the TypeTail Entities or through the Services, will create any warranty or representation not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the TypeTail Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the TypeTail Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TypeTail ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TypeTail ENTITIES EXCEED THE AMOUNT YOU PAID TypeTail, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TypeTail ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Waiver and Severability

The failure of TypeTail to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of India without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the courts located in Chennai, Tamil Nadu, India and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Entire Agreement

These Terms, including the TypeTail Rules for the TypeTail Services, our Privacy Policy are the entire and exclusive agreement between TypeTail and you regarding the Services (excluding any services for which you have a separate agreement with TypeTail that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between TypeTail and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be at typetail.com/terms. If the revision, in our sole discretion, is material we will notify you the next time you sign in to our mobile application. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please contact us at butler [at] typetail [dot] com

PRIVACY AND SECURITY

The statement below outlines the TypeTail Privacy Policy. TypeTail may update its Privacy Policy to reflect changes in the products and services that TypeTail offers, however, the underlying goal of protecting user privacy remains the same. By using TypeTail's service, each user consents to the collection, use or disclosure of their Personal Information in accordance with this Privacy Policy. Your continued use of the TypeTail service following the "last-revised" date on this Privacy Policy will represent your consent to the collection, use or disclosure of your Personal Information under this Privacy Policy as modified. You are advised to review this page regularly for any changes. If users have questions or concerns regarding this statement, or feel that TypeTail has not complied with the Policy, they should first contact butler [at] typetail [dot] com

STORAGE AND USE OF USER INFORMATION

TypeTail stores information as described below that could be used to identify users ("Personal Information") on the TypeTail servers for the sole purpose of providing the TypeTail service to users. TypeTail also stores certain non-personally identifiable information using log files. The following paragraph describes the Personal Information collected on TypeTail servers: email address, name and mailing address, telephone number, payment and usage records.

Eligibility

TypeTail does not intentionally collect or use personal information about individuals under the age of 13. Consequently, use of this web and mobile internet site and all related services by children under the age of 13 is strictly prohibited. TypeTail reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to any messages, information or files which TypeTail, in its sole discretion, deems objectionable or otherwise in violation of the terms and conditions of this Agreement.

AGGREGATE INFORMATION

TypeTail may use users' Personal Information to generate aggregated information that does not allow the user to be personally identified or contacted. Aggregated Information shows user activity as a whole rather than on an individual basis and may be used by TypeTail to provide insight on the usage of the TypeTail services. TypeTail allows third-party companies to serve ads and/or collect certain anonymous information when you visit our web site or mobile applications. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites or mobile applications in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information.

WEB AND MOBILE INTERNET SITE ACTIVITY

Like most standard Web and mobile internet sites and mobile applications, TypeTail stores and uses web server log files. These files include anonymous information about web browsers, such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track users' movement in the aggregate, and gather broad demographic information for aggregate use. Such log files are not linked to Personal Information through the TypeTail service.

SHARING

TypeTail will not share any information provided by users, except as follows:

AGGREGATE INFORMATION (NON-PERSONALLY IDENTIFIABLE)

TypeTail may use users' Personal Information to generate aggregated information relating to activity on TypeTail-enabled products and services. This aggregate information does not allow the user to be personally identified or contacted and shows user activity as a whole rather than on an individual basis. This information is shared with relevant TypeTail customers and partners.

WHEN TypeTail DISCLOSES USER INFORMATION

TypeTail may share users' Personal Information with its affiliates, subsidiaries and service providers for the sole purpose of providing the TypeTail service to the user, provided that the information is required for and used only for such purpose and provided the information is used in accordance with this Privacy Policy. TypeTail will otherwise only release Personal Information to third parties in the following limited circumstances: (i) if a law, regulation, search warrant, subpoena or court order legally requires TypeTail to do so; (ii) if TypeTail's rights or property or the rights or property of TypeTail's affiliates, subsidiaries, service providers or the users of TypeTail's web site, mobile applications or services are in jeopardy; or (iii) if the personal safety of users of TypeTail's web site, mobile applications or services or other members of the public is in jeopardy.

BUSINESS TRANSITIONS

In the event TypeTail goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' Personal Information will, in most instances, be one of the assets transferred.

LINKS

This Web or mobile internet site or mobile application contains links to other sites. Please be aware that TypeTail is not responsible for the privacy practices of such other sites. TypeTail encourages its users to be aware when they leave TypeTail products and to read the privacy statements of each and every Web site that collects Personal Information. This privacy statement applies solely to information collected by the TypeTail web and internet mobile site and mobile application.

SECURITY

TypeTail employs security measures in order to prevent the loss, misuse, unauthorized access, theft and alteration of Personal Information under TypeTail's control. However, no transmission over the Internet can be guaranteed to be completely secure. Consequently, TypeTail, its affiliates, subsidiaries, service providers and their respective officers, directors, employees and agents do not represent, warrant or guarantee that Personal Information will be protected against misuse, loss or alterations and do not accept any liability for Personal Information submitted to or collected by them nor for your or third parties' use or misuse of Personal Information.

NOTIFICATION OF CHANGES

Should TypeTail decide to change its privacy policy, changes to this privacy statement will be posted on the TypeTail web site.

CONTACT INFORMATION

If users have any questions or suggestions regarding TypeTail's privacy policy, or wish to obtain information on how to access their personal information held by TypeTail, please contact TypeTail at: butler [at] typetail [dot] com