Tap Cam Terms of Use

Last updated on May 27, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Sigma Software LLC (“we,” “us” or “our”), concerning your access to and use of our mobile application TapCam (the “Application”). You agree that by accessing and using the Application, you have read, understood, and agreed to be bound by all of these Terms of Use including any future modifications. We may amend, update or change these Terms of Use. If you do not agree to abide by these Terms of Use, you are not authorized to access or use this Application.

ELIGIBILITY

In order to use the Application:

  • you represent and warrant that you are of legal age. You have to be at least 18 years old to use this Application and be competent to agree to these Terms of Use;
  • you agree to these Terms of Use;
  • all information that you share with another user, including but not limited to, a person in need of help, a person whom you assist, mechanic, support agent, repair person, technician, doctor, insurance expert, land surveyor, engineer (hereinafter – “another user”) as well as the usage of the camera will be true and accurate, and will not contain any misleading or abusive information.

YOUR ACCESS

You are responsible for maintaining the confidentiality of a room number you use to sign up for the Application, and you are solely responsible for all activities that occur while using this number.

THE CONTENT AND INFORMATION

You and another user produce the content and information transmitted via this Application. This information is sent privately and is unavailable to us. Consequently, the data transferred is your sole responsibility.

INAPPROPRIATE USE

You guarantee that you will not display, transmit, or otherwise provide on or through the usage of this Application any information that is slanderous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party.

INTELLECTUAL PROPERTY

We own all proprietary rights of this Application, that are protected by copyright laws, international treaty provisions, trademarks, and other intellectual property laws and treaties. You guarantee that you will not reverse engineer, decompile, translate, create derivative works, decipher, decrypt, disassemble or otherwise attempt to derive the software code for the underlying intellectual property used to run this Application.

PRIVACY

Application is governed by our Privacy Policy, you can check it here link. By using the Application, you consent to the Terms of the Privacy Policy.

WARRANTY DISCLAIMER

We provide the Application on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, we do not warrant or make any representation regarding the validity, accuracy, reliability, or availability of the Application or its content transferred. We will not be responsible or liable for any harm to your devices while you are using this Application, for any loss of data, or other harm that results from your access to or use of the Application, or any Content. You also agree that we have no responsibility or liability for the transfer of any information or content and other communications maintained by the Application. We make no warranty that the Application will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

INDEMNIFICATION

You are solely responsible for your conduct and information related to the use of the Application. You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms of Use due to a section “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from:

  • your Content;
  • your use of the Application;
  • your violation of any laws or regulations;
  • third-party claims that you or someone using the Application with the help of a room number did something that would violate the law or any of these Terms of Use;
  • any misrepresentations made by you.

LIMITATION OF LIABILITY

In no event shall we, our management team, developers, agents, partners, suppliers, be liable to you or any third-party claiming through you:

  • for any indirect, incidental, special, consequential, or exemplary damages arising out of or relating to the access or use of the application;
  • for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory, or consequential damages of any kind whatsoever (however arising);
  • for any bugs, viruses, trojan horses, or the like (regardless of the source of origination);
  • for any content obtained from the services;
  • for any unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory.

APPLICABLE LAW AND JURISDICTION

These Terms of Use shall be governed by the Law of Ukraine with the exclusive jurisdiction of the courts of Ukraine to resolve any dispute between them arising under or in connection with these Terms of Use.

MISCELLANEOUS

These Terms of Use make up the entire agreement between you and us and supersede any prior agreements. If you have any questions regarding this Application, you can contact us at tapcam@sigma.software