Terms & Conditions
These Terms & Conditions (the “Terms”) form a binding agreement between you and Saad Bash d/b/a Tappd, a Connecticut sole proprietor in the United States (“Tappd”, “we”, “us”, or “our”), governing your use of the Tappd mobile application and related services (the “App”). By downloading, accessing, or using the App, you agree to these Terms. If you do not agree, do not download, access, or use the App.
Operator and Contact
Tappd is operated by Saad Bash d/b/a Tappd. Questions, support requests, complaints, and legal notices may be sent to webdevsaad@gmail.com. Mailing address available on written request.
Eligibility and Availability
The App is intended for use only by individuals located in the United States. You must be at least 13 years old and located in the United States to use the App. If you are under the age of majority in your state, you may use the App only with permission from a parent or legal guardian. By using the App, you represent that you meet these requirements and have the legal capacity to enter into these Terms.
License
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on devices you own or control, solely for your personal, non-commercial use in the United States, and as further limited by these Terms and the Apple Media Services Terms and Conditions. We retain all right, title, and interest in and to the App, including all intellectual property rights. No rights are granted by implication or estoppel.
Use of the Service
Tappd is provided for personal, lawful use. You agree not to:
- misuse the App or interfere with its operation;
- attempt unauthorized access to the App, its systems, or other users’ data;
- reverse engineer, decompile, disassemble, modify, or create derivative works from the App except to the extent permitted by law;
- resell, rent, lease, sublicense, or commercially exploit the App;
- use the App to violate any law, regulation, contract, employer policy, or third-party right;
- use the App to upload, store, or transmit unlawful, infringing, harmful, or malicious content;
- use the App in any country or region subject to U.S. embargo or designated by the U.S. Government as a “terrorist-supporting” country; or
- use the App if you are listed on any U.S. Government list of prohibited or restricted parties.
Personal Logging Only
Tappd is a personal workplace presence logging utility. It is not an employer monitoring tool, attendance system, payroll record, wage-and-hour compliance tool, human resources system, legal record system, or audit-grade recordkeeping service. We do not provide employer dashboards, workforce surveillance features, attendance reports, or verified compliance records.
Records in the App are created, edited, interpreted, and controlled by you. They may be incomplete, inaccurate, delayed, altered, deleted, unavailable, or not accepted by an employer, school, agency, court, or other organization. No employer, organization, agency, or other third party is an intended beneficiary of these Terms or the App.
Device Security
Tappd does not offer user accounts or sign-in. You are responsible for keeping your device secure and for all activity that occurs on your device. Notify us promptly at webdevsaad@gmail.com if you suspect unauthorized access to systems we operate.
Local Data and Backups
Tappd stores app data locally on your device. The App is not a cloud sync or backup service. Your local data may be included in device backups controlled by iOS, iCloud, or your device settings.
You are solely responsible for maintaining your own backups of any data you consider important. The App is not a backup service. Data may be lost, corrupted, delayed, or become unavailable due to device failure, software bugs, uninstalling the App, wiping app data, backup settings, or other causes. We are not liable for any such loss.
Payment, Pricing, and Refunds
The App is sold as a one-time purchase through the Apple App Store. All purchases are processed by Apple and are subject to the Apple Media Services Terms and Conditions and the App Store’s payment, billing, and refund policies. Prices, taxes, and currency conversions may change at any time. Except as required by applicable law or Apple policy, payments are final and non-refundable. Refund requests must be made directly to Apple; we do not process App Store refunds.
Privacy
Our Privacy Policy explains how Tappd handles data and is incorporated into these Terms by reference. The App does not include ads, analytics SDKs, or tracking.
No Guaranteed Benefit
Tappd is a simple logging utility. We do not promise, guarantee, or represent that the App will improve productivity, attendance, workplace performance, compliance, employment outcomes, personal organization, proof of presence, dispute outcomes, or any other result.
User Responsibility
You are fully responsible for how you use the App, what you enter into it, how you interpret its records, and any decisions or actions you take based on those records. You should independently verify any information before relying on it. You are responsible for ensuring your use of the App complies with your employer’s policies and any applicable laws.
Nothing in these Terms restricts your right to make lawful reviews or comments about the App, provided you do not disclose private, confidential, unlawful, or infringing information.
No Professional Advice
Tappd does not provide employment, legal, tax, compliance, human resources, workplace, or professional advice. Records may be incomplete, inaccurate, delayed, deleted, or not accepted by your employer or another organization.
Third-Party Services
The App relies on third-party services, including Apple system services (notifications, Shortcuts, Watch connectivity, App Store distribution, device backups where enabled) and Cloudflare-hosted docs or optional remote filter files. Your use of those services is governed by their own terms and privacy policies. We are not responsible for the availability, accuracy, security, or actions of any third-party service, and we disclaim all liability arising from outages, errors, breaches, or changes by those providers.
Availability and Changes
We may update, modify, suspend, or discontinue the App, or any feature of it, at any time without notice and without liability. We do not guarantee that the App, notifications, Apple Watch features, Shortcuts, docs, optional remote filter files, or any third-party service will remain available, uninterrupted, or unchanged. We may update these Terms by posting a revised version at this URL with a revised “Last updated” date. Your continued use of the App after the revised Terms become effective constitutes acceptance of those changes.
Termination
These Terms remain in effect until terminated. We may suspend or terminate your access to systems we operate at any time, with or without notice, for any reason, including suspected violation of these Terms. You may terminate by uninstalling the App and deleting local app data. Sections that by their nature should survive termination (including disclaimers, limitations of liability, indemnification, and dispute-resolution provisions) will survive.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AVAILABILITY, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE ACCURATE OR PRESERVED.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum extent permitted by law.
If the App fails to conform to any applicable warranty that cannot be disclaimed, you may notify Apple, and Apple may refund the purchase price for the App according to Apple’s policies. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TAPPD OR ITS OPERATOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIVE U.S. DOLLARS (US$5.00).
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for intentional misconduct, fraud, or any other non-waivable liability.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in part or in full.
Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Tappd and its operator from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your misuse of the App; (b) your violation of these Terms; (c) your violation of any law, contract, employer policy, or third-party right; or (d) content or information you submit, store, export, or share through the App.
Apple-Specific Terms
The following terms apply to your use of the App on iOS or other Apple platforms:
- These Terms are between you and Tappd only, and not with Apple Inc. (“Apple”). Apple is not responsible for the App or its contents.
- The license granted to you is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Tappd, not Apple, is responsible for the App and its content. Apple has no obligation whatsoever to provide any maintenance or support services for the App.
- If the App fails to conform to any applicable warranty that cannot be disclaimed, you may notify Apple, and Apple may refund the purchase price for the App according to Apple’s policies. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
- Apple is not responsible for addressing any claims by you or any third party relating to the App, including product-liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection, privacy, or similar legislation.
- In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Tappd, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms when using the App, including Apple, wireless carrier, internet service provider, and Cloudflare terms that apply to the features you choose to use.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Governing Law
These Terms and any dispute arising out of or relating to them or the App are governed by the laws of the State of Connecticut, USA, and applicable U.S. federal law, without regard to conflict-of-laws principles, except to the extent your state of residence gives you non-waivable consumer protection rights that cannot be displaced by Connecticut law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Dispute Resolution; Binding Arbitration; Class Waiver
Please read this section carefully—it affects your legal rights.
Before starting arbitration or court proceedings, the party asserting a claim must send written notice describing the claim, requested relief, and supporting facts. Notices to Tappd must be sent to webdevsaad@gmail.com. The parties will make a good-faith effort to resolve the dispute informally for 30 days. This requirement does not prevent either party from seeking emergency injunctive relief where permitted.
You and Tappd agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court, except that either party may assert qualifying claims in small-claims court. This arbitration agreement is governed by the Federal Arbitration Act. Arbitration may be conducted by phone, video, or written submissions unless AAA or the arbitrator requires otherwise. Judgment on any arbitration award may be entered in any court of competent jurisdiction.
Arbitration fees will be allocated under AAA’s Consumer Arbitration Rules and applicable law. If 25 or more similar demands are filed against Tappd or related parties by or with coordinated counsel, AAA’s Mass Arbitration Supplementary Rules and applicable fee schedule will apply.
YOU AND TAPPD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding. If this class waiver is found unenforceable as to a specific claim or remedy, only that claim or remedy will be severed and may proceed in court after all arbitrable claims and remedies are resolved, unless applicable law requires otherwise.
Nothing in this section prevents either party from seeking injunctive or equitable relief in court to protect intellectual property rights or prevent unauthorized access to the App or its systems. If you do not wish to be bound by this arbitration agreement, you may opt out by emailing webdevsaad@gmail.com with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms. Opting out of arbitration does not affect any other provision of these Terms.
Claim Deadline
To the maximum extent permitted by law, any claim arising out of or relating to the App or these Terms must be brought within one (1) year after the claim accrues, or it is permanently barred.
Force Majeure
We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbance, labor disputes, government action, internet or utility outages, or third-party service failures.
Severability; Waiver; Assignment; Entire Agreement
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign or transfer these Terms or any rights under them without our prior written consent; we may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, change of control, or by operation of law. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Tappd regarding the App and supersede any prior agreements.
Contact
Questions about these Terms? Reach out at webdevsaad@gmail.com.