TERMS OF USE

Last revised on October 5, 2021

Welcome to TapToChill. These Terms of Use are between you and:

TapToChill

Noormannenstraat 38

Leuven 3000

Belgium

The terms ("us", "we", the "Company" or "TapToChill") refer to TapToChill.

1. Acceptance of Terms of Use Agreement.

By creating a TapToChill account, whether through a mobile device, mobile application or computer (collectively, the "Service") you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, Safety Tips, and Community Guidelines, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you in advance of the changes (unless we're unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.

2. Eligibility.

You must be at least 16 years of age to create an account on TapToChill and use the Service. By creating an account and using the Service, you represent and warrant that:

  • you can form a binding contract with TapToChill,
  • you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition),
  • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
  • you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

3. Your Account.

In order to use TapToChill, you may sign in using a number of ways, including by Google login. If you choose to use your Google login, you authorize us to access and use certain Google account information. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for TapToChill, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us using the Service or the contact details, which you can find at the end of this document.

4. Modifying the Service and Termination.

TapToChill is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in "Settings" in the Service. However, if you use a third party payment account such as Apple's App Store or iTunes Store, as applicable ("App Store") or the Google Play Store, you will need to manage in app purchases through such account to avoid additional billing. TapToChill may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases.

After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and TapToChill: Section 4, Section 5, and Sections 12 through 19.

5. Safety; Your Interactions with Other Members.

Though TapToChill strives to encourage a respectful member experience, TapToChill is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow TapToChill's Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT TapToChill DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. TapToChill MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS.

6. Rights TapToChill Grants You.

TapToChill grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service's benefits as intended by TapToChill and permitted by this Agreement. Therefore, you agree not to:

  • use the Service or any content contained in the Service for any commercial purposes without our written consent.
  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without TapToChill's prior written consent.
  • express or imply that any statements you make are endorsed by TapToChill.
  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
  • upload viruses or other malicious code or otherwise compromise the security of the Service.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
  • "frame" or "mirror" any part of the Service without TapToChill's prior written authorization.
  • use meta tags or code or other devices containing any reference to TapToChill or the Service (or any trademark, trade name, service mark, logo or slogan of TapToChill) to direct any person to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
  • use or develop any third-party applications that interact with the Service or other members' Content or information without our written consent.
  • use, access, or publish the TapToChill application programming interface without our written consent.
  • probe, scan or test the vulnerability of our Service or any system or network.
  • encourage or promote any activity that violates this Agreement.

TapToChill may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

7. Rights you Grant TapToChill.

By creating an account, you grant to TapToChill a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from third parties such as Google, as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other members (collectively, "Content"). TapToChill's license to your Content shall be non-exclusive, except that TapToChill's license shall be exclusive with respect to derivative works created through use of the Service. For example, TapToChill would have an exclusive license to screenshots of the Service that include your Content. In addition, so that TapToChill can prevent the use of your Content outside of the Service, you authorize TapToChill to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other TapToChill members).

You agree that all information that you submit upon creation of your account, including information submitted from your Google account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to TapToChill above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.

In consideration for TapToChill allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to TapToChill regarding our Service, you agree that TapToChill may use and share such feedback for any purpose without compensating you.

Please be informed that TapToChill may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

8. Community Rules.

By using the Service, you agree that you will not:

  • use the Service for any purpose that is illegal or prohibited by this Agreement.
  • use the Service for any harmful or nefarious purpose
  • use the Service in order to damage TapToChill
  • violate our Community Guidelines, as updated from time to time.
  • spam, solicit money from or defraud any members.
  • impersonate any person or entity or post any images of another person without his or her permission.
  • bully, "stalk", intimidate, assault, harass, mistreat or defame any person.
  • post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
  • post any Content that is hate speech, threatening, sexually explicit or pornographic.
  • post any Content that incites violence; or contains nudity or graphic or gratuitous violence.
  • post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
  • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission.
  • use another member's account, share an account with another member, or maintain more than one account.
  • create another account if we have already terminated your account, unless you have our permission.

TapToChill reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that TapToChill regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

9. Other Members' Content.

Although TapToChill reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and TapToChill cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via the contact information, which you can find at the end of this document.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request

If you contact us regarding alleged copyright infringement, please be sure to include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
  • your contact information, including address, telephone number and email address and the copyright owner's identity;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

TapToChill will terminate the accounts of repeat infringers.

12. Disclaimers.

TapToChill PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TapToChill DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

TapToChill TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

13. Third Party Services.

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. TapToChill is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. TapToChill is not responsible or liable for such third parties' terms or actions.

14. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TapToChill, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF TapToChill HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TapToChill'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO TapToChill FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

16. Governing Law.

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and TapToChill agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the Belgium court, unless this is prohibited by the laws of the country where you reside. You and TapToChill consent to the exclusive jurisdiction of those courts.

16. Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless TapToChill, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney's fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

19. Entire Agreement; Other.

This Agreement, which includes the Privacy Policy, the Safety Tips, Community Guidelines, and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and TapToChill regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your TapToChill account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind TapToChill in any manner.

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Safety Tips

Meeting new people is exciting, but you should always be cautious when interacting with someone you don't know. Use your best judgment and put your safety first, whether you are exchanging initial messages or meeting in person. While you can't control the actions of others, there are things you can do to help you stay safe during your TapToChill experience.

Online Safety

  • Never Send Money or Share Financial Information Never send money, especially over wire transfer, even if the person claims to be in an emergency. Wiring money is like sending cash — it's nearly impossible to reverse the transaction or trace where the money went. Never share information that could be used to access your financial accounts. If another user asks you for money, report it to us immediately.
  • Protect Your Personal Information Never share personal information, such as your social security number, home or work address, or details about your daily routine (e.g., that you go to a certain gym every Monday) with people you don't know. If you are a parent, limit the information that you share about your children on your profile and in early communications. Avoid sharing details such as your children's names, where they go to school, or their ages or genders.
  • Stay on the Platform Keep conversations on the TapToChill platform while you're getting to know someone. Users with bad intentions often try to move the conversation to text, messaging apps, email, or phone right away.
  • Be Wary of Long Distance and Overseas Relationships Watch out for scammers who claim to be from your country but stuck somewhere else, especially if they ask for financial help to return home. Be wary of anyone who will not meet in person or talk on a phone/video call—they may not be who they say they are. If someone is avoiding your questions or pushing for a serious relationship without meeting or getting to know you first — that's a red flag.
  • Report All Suspicious and Offensive Behavior You know when someone's crossed the line and when they do, we want to know about it. Block and report anyone that violates our terms. Here are some examples of violations:
    • Requests for money or donations
    • Underage users
    • Harassment, threats, and offensive messages
    • Inappropriate or harmful behavior during or after meeting in person
    • Fraudulent profiles
    • Spam or solicitation including links to commercial websites or attempts to sell products or services
  • You can report any concerns about suspicious behavior from any profile page or messaging window. For more information, check out our Community Guidelines.
  • Protect Your Account Be sure to pick a strong password, and always be careful when logging into your account from a public or shared computer. TapToChill will never send you an email asking for your username and password information — if you receive an email asking for account information, report it immediately.

Meeting in Person

  • Don't Be In A Rush Take your time and get to know the other person before agreeing to meet or chat off TapToChill. Don't be afraid to ask questions to screen for any red flags or personal dealbreakers. A phone or video call can be a useful screening tool before meeting.
  • Meet in Public and Stay in Public Meet for the first few times in a populated, public place — never at your home, your date's home, or any other private location. If your date pressures you to go to a private location, end the date.
  • Tell Friends and Family About Your Plans Tell a friend or family member of your plans, including when and where you're going. Have your cell phone charged and with you at all times.
  • Be in Control of Your Transportation We want you to be in control of how you get to and from your date so that you can leave whenever you want. If you're driving yourself, it's a good idea to have a backup plan such as a ride-share app or a friend to pick you up.
  • Know Your Limits Be aware of the effects of drugs or alcohol on you specifically — they can impair your judgment and your alertness. If your date tries to pressure you to use drugs or drink more than you're comfortable with, hold your ground and end the date.
  • Don't Leave Drinks or Personal Items Unattended Know where your drink comes from and know where it is at all times — only accept drinks poured or served directly from the bartender or server. Many substances that are slipped into drinks to facilitate sexual assault are odorless, colorless, and tasteless. Also, keep your phone, purse, wallet, and anything containing personal information on you at all times.
  • If You Feel Uncomfortable, Leave It's okay to end the date early if you're feeling uncomfortable. In fact, it's encouraged. And if your instincts are telling you something is off or you feel unsafe, ask the bartender or server for help.

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Community Guidelines

Welcome to the TapToChill community. If you're honest, kind and respectful to others, you'll always be welcome here. If you choose not to be, you may not last. Our goal is to allow users to express themselves freely as long as it doesn't offend others. Everyone is held to the same standard on TapToChill. We're asking you to be considerate, think before you act, and abide by our community guidelines both on and offline. You heard that right: your offline behavior can lead to termination of your TapToChill account.

Below is a list of our community policies. If you violate any of these policies, you might be banned from TapToChill. Seriously, don't make us Swipe Left on you—because there will be no do-overs once we do. We encourage you to report any behavior that violates our policies, and read up on our Safety Tips.

TapToChill is not for:

Nudity/Sexual Content

We're not asking you to comb your hair to one side or even speak in full sentences; but please keep it classy and appropriate for public consumption. No nudity, no sexually explicit content, and don't chronicle all of your sexual desires in your bio. Keep it clean.

Harassment

Do not engage, or encourage others to engage, in any targeted abuse or harassment against any other user. This includes sending any unsolicited sexual content to your friends. Reports of stalking, threats, bullying, or intimidation, are taken very seriously.

Violence and Physical Harm

We do not tolerate violent, graphic, or gory content on TapToChill, or any actions or content that advocate for or threaten violence of any sort, including threatening or promoting terrorism. Physical assault, coercion, and any acts of violence are strictly prohibited.

Content that advocates for or glorifies suicide or self-harm is also not allowed. In these situations, we may take a number of steps to assist the user, including reaching out with crisis resources.

Hate Speech

Any content that promotes, advocates for, or condones racism, bigotry, hatred, or violence against individuals or groups based on factors like (but not limited to) race, ethnicity, religious affiliation, disability, gender, age, national origin, sexual orientation, or gender identity is not allowed.

Private Information

Don't publicly broadcast any private information, yours or anyone else's. This includes social security numbers, passports, passwords, financial information or unlisted contact information, such as home/work address.

Spam

Don't be fake. Be real instead. Don't use TapToChill to drive people to external websites via a link or otherwise.

Promotion or Solicitation

Soliciting other users is prohibited on TapToChill. It's fine to invite your friends to something that you're doing, but if the purpose of your profile is to advertise your event or business, non-profit, political campaign, contest, or to conduct research, we may delete your account. While we're excited that you're doing a comedy show next week, please don't use TapToChill to promote it.

Prostitution and Trafficking

Promoting or advocating for commercial sexual services, human trafficking or other non-consensual sexual acts is strictly prohibited and will result in your account being banned from TapToChill.

Scamming

TapToChill has a zero-tolerance policy on predatory behavior of any kind. Anyone attempting to get other users' private information for fraudulent or illegal activity may be banned. Any user caught sharing their own financial account information (PayPal, Venmo, etc.) for the purpose of receiving money from other users may also be banned from TapToChill.

Impersonation

Be yourself! Don't pretend to be someone else.

Do not impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity. This includes parody accounts. While we think your Mike Pence profile is hilarious, you aren't Mike Pence.

Minors

You must be 16 years of age or older to use TapToChill. As such, we do not allow images of unaccompanied minors. If you want to post photos of your children, please make sure that you are in the photo as well. If you see a profile that includes an unaccompanied minor, encourages harm to a minor, or depicts a minor in a sexual or suggestive way, please report it immediately.

Copyright and Trademark Infringement

If it's not yours, don't post it. If your TapToChill profile includes any work that is copyrighted or trademarked by others, don't display it, unless you are allowed to do so.

Illegal Usage

Don't use TapToChill to do anything illegal. If it's illegal IRL, it's illegal on TapToChill.

One Person, One Account

TapToChill accounts cannot have multiple owners, so don't create an account with your friend or significant other. Additionally, please don't maintain multiple TapToChill accounts.

Third Party Apps

The use of any apps created by anyone other than TapToChill that claim to offer our service or unlock special TapToChill features (like auto-swipers) is not allowed.

Account Dormancy

TapToChill is fun to use… all the time! Use TapToChill at the lake, use TapToChill while eating cake. Use TapToChill when you're out, use TapToChill when in doubt! But, if you don't log in to your TapToChill account in 2 years, we may delete your account for inactivity.

TapToChill reserves the right to investigate and/or terminate your account without a refund of any purchases if you have misused the Service or behaved in a way that TapToChill regards as inappropriate, unlawful, or in violation of the Terms of Use, including actions or communications that occur off the Service but involve users you meet through the Service.

You can always contact us using the Service or with the contact details below.

TapToChill

Leuven 3000, Noormannenstraat 38, Belgium

arnoud.wellens@outlook.com