Last Revised: December 22, 2015
THUMZAP, Inc., including its subsidiaries and affiliates ("Company", "our", or "we") welcome you ("User" or "you") to our multi-platform delegation proprietary digital payment delegation platform, designed for the management and control of delegated on-line transactions, which is available through our website (available at: www. thumzap.com) and Thumzap mobile application (the "App"; collectively the "Service").
Users may only use our Service in accordance with the terms of the Agreement. If you do not agree to any of the terms of this Agreement, you may not access or use the Service or any part thereof. If certain features of our Service are subject to additional terms, provisions or guidelines, they are incorporated herein by reference.
The Service enables Users who are authorized, under applicable laws, to purchase virtual currency, to unlock digital content offered by third party services or apps for the benefit of other users ("End User"), to the extent permitted under applicable laws. The User is assuming the entire responsibility with respect to the End User for any actions which occurred in the scope of the Service.
Use of the Service is free of charge. However, the Company reserves the right to charge fees for the use of this Service in the future. In addition, you hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Service, according with the applicable rates charged by your respective third party internet and data usage service provider as may be from time to time.
In order to purchase the virtual currency offered by the Service, you shall be required to pay a certain amount of real money.
In any event, all transactions for virtual currency are considered final. The virtual currency cannot be cashed out and there will be no refunds.
If you have any issues with the virtual currency or if you have queries concerning our refund policy, please contact us at Support@thumzap.com.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL CURRENCY FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY, WHETHER YOUR LOSS OF LICENSE UNDER THIS AGREEMENT WAS VOLUNTARY OR INVOLUNTARY.
The virtual currency purchased by you pursuant to your use of the Service is not real-life currency and has no value whatsoever, either as a currency or otherwise, in the real world. Such virtual currency may only be used within the App, and can only be consumed in exchange for unlocking paid digital content, items or services offered by third apps or services (e.g. in-app purchases, virtual items, etc.; collectively "Third Party Content")..
We shall not be liable or responsible in any way for any matter related to the quality, content, performance, fitness for use or any other matter related to the Third Party Content, which are subject to the third party's applicable policies. We shall not be responsible for any discrepancies between any Third Party Content as displayed or offered by any third party and any offer actually provided by the third party. Any complaints, errors or problems you may have in connection with the foregoing should be reported directly to the applicable third party.
The amount of virtual currency required to unlock Third Party Content is determined in consideration of the amount of real money required to be paid for such Third Party Content, as solely determined by the respective third party.
In order to use the Service you will be asked to create an account (the "Account"). The creation of an Account is free of charge. You are solely and fully responsible for all activities that occur under your Account. You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of the Company. You must notify us immediately of any unauthorized use of your Account. We cannot and will not be liable for any unauthorized use of your Account or any other breach of security.
You acknowledge that the Company will not provide you a refund for purchases made before your Account has been closed, whether such closure was voluntary or involuntary. Following the closure of your Account, you will be able to review in your store accounts the purchases you have made using our App.
Subject to the terms hereof, the Company hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sub-licensable and fully revocable limited license to download and use the Service on your authorized device that you own or control solely for the limited purpose of your personal and non-commercial use, and for no other purpose, strictly in accordance with the Agreement and applicable law or regulations.
The Agreement does not convey to you any right or interest in or to the Company's Materials (as defined below) but only a limited revocable right of use in accordance with the Agreement. Nothing in the Agreement constitutes a waiver of the Company’s rights, including intellectual property rights, in the Materials, under any law.
To the extent you provide any feedbacks, comments or suggestions to the Company regarding the Service ("Feedback"), the Company shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of the Company's current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. You explicitly waive any moral rights you may have in connection with the Feedback.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require the Company to comply with any additional obligations with respect to any of the Company's current or future products, technologies or services that incorporate any Feedback.
Restrictions on Use
You hereby represent and warrant that you:
You hereby represent and warrant that you shall not:
Apple (additional provisions)
The following terms apply to your use of or access to our App downloaded or updated from the Apple App Store:
You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the App on an iOS device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. ("Apple"), and that Apple has no responsibility for the App or content thereof, (iii) your use of the App must comply with Usage Rules established by Apple, including those set forth in the App Store Terms of Service effective as of the date you enter into these Terms, (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App, (v) Apple and Apple’s subsidiaries are third-party beneficiaries of the Agreement, and that Apple has the right, upon your consent to the terms of this Agreement, to enforce the Agreement against the you as a third party beneficiary thereto, and (vi) 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 that he/she is not listed on any U.S. Government list of prohibited or restricted parties.
If there is a conflict between the terms of this Agreement and the App Store Terms of Service, with respect to your usage rules, the more restrictive terms shall prevail.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to the Company as provider of the App.
You acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the App or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the App or your possession and use thereof infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Ownership and Intellectual Property
The Company retains all rights, titles, interests and ownerships in and of the Service and any and all intellectual property rights pertaining thereto, including without limitation, the design and layout of the Service, all contents of the Service (excluding User Submissions), copyrights, inventions, patents, trademarks, service marks and logos, trade names, copyrightable materials, graphics, "look and feel", specifications, methods, information, know-how, database, registered or not (collectively the "Materials"), except as expressly excluded in this Agreement. The Materials are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
You may not use, sell, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorized use of the Materials, without the Company's prior explicit written consent. You are granted only a limited and revocable right to use the Service, subject to the terms of this Agreement, and for personal use only, and under no circumstances are you acquired any right, interest or title to any part of the Materials.
"Thumzap", Thumzap™, and Company marks and logos and all other proprietary identifiers used by the Company in connection with the Service ("Company Trademarks") are all trademarks or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the App belong to their respective owners ("Third Party Marks"). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
Third Party Materials and Components
The Service may use or include third party software, files and components that are subject to open source and third party license terms ("Third Party Components"). Your right to use such Third Party Components as part of, or in connection with, the Service is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Service and the Company disclaims all liability related thereto. You acknowledge that the Company is not the author, owner or licensor of any Third Party Components, and that the Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Service or any portion thereof (except for the Third Party Components contained therein) be deemed to be "open source" or "publicly available" software.
We note that the Company does not screen, monitor, control or guarantee any user generated content, and shall assume no liability or responsibility for such user generated content. Further, the Company is not responsible for the description of the third party service which is displayed through the Service to the Users and for any text which the End-User may attach to the Message.
Export and the Location of the User
The App is subject to export control laws of the State of Israel and/or may be subject to additional export control laws applicable to the User or in the User's jurisdiction, including, without limitation, the United States. The User agrees that he/she will not ship, transfer, or export the App into any country, or make available or use the App in any manner, prohibited by applicable laws.
In addition, the User represents and warrant that (i) he/she is 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) that the User is not listed on any U.S. Government list of prohibited or restricted parties.
The Company reserves the right to modify, correct, amend, enhance , improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the content provided under the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or the content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
If the Company supplies to you any updates, upgrades and any new versions of the Service (“Updates“) according to its then current policies, it may include automatic updating or upgrading of the Service with or without any additional notice to you, you consent thereto and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the Service shall include such Updates. For clarity, the Company has no obligation to provide Updates.
The Company has no obligation to provide upgrades or new releases of the Service under this Agreement.
The Service, availability and functionality depends on various factors, such as software, hardware, internet connectivity and the Company's services' providers, affiliates and contractors. The Company does not warrant or guarantee that the Service will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
The Service may contain third party's commercials, advertisements and/or sponsored links, within the Service. By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. All the information contained in such commercials and advertisements belongs solely to the advertisers and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto.
Disclaimer and Warranties
To the fullest extent legally permissible, the Service, App, the content made available thereto and third party components are provided on an "AS IS" and "AS AVAILABLE" basis, and the Company and its vendors (including the applicable platform providers), including our and such vendors' officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers ("Covered parties") disclaim all warranties of any kind, express, implied or statutory, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose and those arising from a course of dealing or usage of trade. You may have additional consumer rights under your local laws that this agreement cannot change.
We do not warrant (i) that use and operation of the Service is or will be secure, timely, accurate, complete, uninterrupted, without errors, or free of viruses, defects, worms, other harmful components or other program limitations, (ii) that we will correct any errors or defects in the Service, (iii) that the Service will be interoperable or compatible with your device, other software, hardware, or any equipment, and we are not responsible for any losses suffered resulting from interoperability or compatibility problems, (iv) and/or make any representation regarding the use, inability to use or operate, or the results of the use of the Service and/or content available thereon or through the Service (including that the results of using the Service will meet your requirements). The company hereby disclaims all warranties and conditions with regard to the use of the Service, including but not limited to the availability, reliability or the quality of the Service, and is not and shall not be responsible for any error, fault or mistake related to any content and information displayed within the Service.
You agree that use of the Service and/or the content therein is entirely at your own risk. We are not responsible and have no liability for any hardware, software, or other item or service provided by any person or entity other than the Company (including without limitation any technical failures or the lack of availability of any features available within our app which are not under our control). We are not responsible for any consequences to you or others that may result from technical problems (including without limitation in connection with the internet such as slow connections, traffic congestion, overload of servers, delays or interruptions) or any telecommunications or internet providers. Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.
Limitation of Liability
To the maximum extent legally permissible, in no event shall the Company including the Covered Parties be liable for any damages whatsoever including, but not limited to, direct, indirect, special, punitive, exemplary, incidental or consequential damages of any kind, under any legal theory (including, without limitation, contract, negligence, tort or strict liability), including without limitation, loss of goodwill, profits or data and business interruption, arising hereunder, resulting from or arising out of the Service (including any services made available through the Service), your use or inability to use the Service or failure of the Service to perform as represented or expected, or from any content the performance or failure of the Company to perform under these terms, any other act or omission of the Company or any of the Covered Parties, by any other cause whatsoever; or based upon breach of warranty, guarantee or condition, breach of contract, negligence, strict liability, tort, or any other legal theory, regardless of whether repair, replacement or a refund for the Service does not fully compensate you for any losses and regardless of whether any of the covered parties has been advised of the possibility of such damages.
You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of third parties, third party sites and/or third party content, and that the risk of injury from the foregoing rests entirely with you.
In any case, without limiting the generality of the foregoing and to the maximum extent legally permissible, the Company, its vendors including our and such vendors' officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers total aggregate liability for all damages or losses whatsoever arising hereunder or in connection with your use or inability to use the Service or the content shall be limited to the amount actually paid by you, if any, to the company for use of the app or $US100, whichever is greater. The limitation of liability provisions which apply to any responsibilities of the applicable platform provider are set forth in their applicable usage rules. You will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from us and from the Covered Parties.
Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.
You agree to defend, indemnify and hold harmless the Company, its vendors, including our and such vendors' officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of , inability to use and/or activities in connection with the Service and/or content; (ii) your violation of any of the terms of this Agreement; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party with relation to the use of the Service; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Service. It is hereby clarified that this defense and indemnification obligation will survive the Agreement.
Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
The Agreement shall remain in effect until terminated as set forth herein. We can immediately temporarily or permanently limit or terminate, access to your Account, without notice, if we believe, in our sole discretion, that the one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension or termination is needed to protect the rights, property or safety of the Company, its users or the public; (d) there is a basis for termination of your Account; (e) you have violated the Agreement; and/or (f) we are required to by law. In the event that we will suspend your Account, during such period, you will not have the ability to use or access your Account. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Service, you may terminate this Agreement at any time by uninstalling our Service and stopping your use thereof and this will be your sole remedy in such circumstances.
In such circumstance and upon termination of this Agreement in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Service, delete and destroy all copies of the Service in your possession or control and so certify to the Company if required by it, and (iii) the provisions of the Agreement that, by their nature and content, must survive the termination of the Agreement in order to achieve the fundamental purposes of these Terms shall so survive.
Without limiting the generality of the forgoing, the Ownership and Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification, Governing Law, Arbitration and Disputes and General sections will survive the termination of the Agreement.
The Company may at any time, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, delete any information from the Service or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving prior notice. You agree that the Company does not assume any responsibility with respect to, or in connection with the termination of the Service operation.
Governing Law, Arbitration and Disputes
Any claim relating to the Service or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied.
You may opt out of this arbitration clause. To opt out, you must notify the Company in writing within thirty (30) days of the date that you first become subject to this Agreement. You must email us with the subject line: "Arbitration Opt Out" and include in the body of your e-mail your name and residence address, your email address, telephone number, and a clear statement that you want to opt out of this Arbitration Agreement.
If you do so, neither you nor the Company can require the other to participate in an arbitration proceeding, however, both you and the Company hereby expressly waive trial by jury. In the event you decided to opt out of this arbitration clause, any dispute arising out of or related to the Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, the Company may seek injunctive relief in any court of competent jurisdiction.
Neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You hereby agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account in the Service, if the Company is a party to the proceeding.
You hereby acknowledge and agree that any claim may have arising out of or related to your relationship with the Company must be filed within one (1) year after from the arising incident; otherwise, your claim shall be permanently barred.
The Agreement constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company
The Agreement does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof
, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by the Company and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
The Company will make reasonable efforts to provide you with technical and product support for the Service. For information, support or questions, please contact us at:
2711 Centerville Road, Suite 400, Wilmington, Delaware.