Skip to main content

Full Terms and Conditions

Welcome to www.tapybl.com, the website and online service of tapybl, a brand of Anitech Solutions. Tapybl is the protected intellectual property of Anitech Solutions Ltd, and this page explains the terms by which you may use our online and/or mobile services, website, APIs, and software, including any manuals, instructions, or other documents or materials that we make available to you and which describe the functionality, components, features, or requirements of the service, including any aspect of the installation, configuration, integration, operation, use, support, or maintenance thereof provided on or in connection with the service (collectively the “Service”).

BY ACCEPTING THIS TERMS OF USE AGREEMENT (“Agreement”), EITHER BY ACCESSING OR USING THE SERVICE, CLICKING A BOX INDICATING YOUR ACCEPTANCE, OR EXECUTING AN ORDERING DOCUMENT OR ONLINE ORDER SPECIFYING THE SERVICES TO BE PROVIDED HEREUNDER, INCLUDING ANY ADDENDA AND SUPPLEMENTS THERETO THAT REFERENCES THIS AGREEMENT (AN “ORDER”), YOU AGREE TO THE TERMS OF THIS AGREEMENT AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN THE TAPYBL PRIVACY POLICY, WHETHER OR NOT YOU ARE A REGISTERED USER OF THE SERVICE.

It is effective between you and us as of the date you accept this Agreement or first access the Service, whichever is earlier (“Effective Date”). Tapybl reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (each a “User” and collectively, “Users”).

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. ADDITIONALLY, IF YOU ARE USING THIS SERVICE AS AN EDUCATOR, YOU REPRESENT AND WARRANT THAT YOU ARE ACTING ON BEHALF OF (OR HAVE PERMISSION FROM) THE EDUCATIONAL INSTITUTION YOU ARE EMPLOYED BY TO ENTER INTO THIS AGREEMENT AND TO USE THE SERVICE AS A PART OF YOUR CURRICULUM AND THAT, WITH RESPECT TO ANY STUDENT YOU AUTHORIZE TO USE THE SERVICE PURSUANT TO YOUR AGREEMENT, YOU HAVE OBTAINED APPROPRIATE PARENTAL CONSENT FOR SUCH STUDENT’S USE OF THE SERVICE, AS APPLICABLE.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Use of Service

  1. Eligibility.You may use the Service only if you can form a binding contract with tapybl, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations, (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from Ireland or the country in which you reside, privacy, and data protection). In order to register for an account, we may, at our discretion, allow you to sign up through a third-party service provider, such as Facebook, Microsoft, Twitter, or Google. The Children’s Online Privacy Protection Act (COPPA) prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without verifiable parental consent (“Consent”). Accordingly, students accessing the Service subject to Consent provided via their education institution, as allowed under COPPA, will require the use of a unique invitation code supplied by their education institution in order to create an account. Any use or access to the Service by anyone under 13 without Consent, is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by tapybl.
  2. Tapybl ServiceSubject to the terms and conditions of this Agreement and your payment of any applicable fees, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Service as permitted by the features of the Service during the term of this Agreement. You shall employ all physical, administrative and technical controls, screening and security procedures and other safeguards necessary to: (a) securely administer the distribution and use of all access credentials and protect against any unauthorized access to or use of the Service; and (b) control the content and use of User Content (as defined below), including the uploading or other provision of User Content for processing by the Service. Tapybl reserves all rights not expressly granted herein in the Service and Tapybl Content (as defined below). Tapybl may terminate this license in accordance with this Agreement. We may from time to time in our sole discretion engage third parties to provide, maintain, and/or improve the Service (each, a “Subcontractor”).
  3. AccountsYour Tapybl account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users, and these different accounts may have different functionalities available to them. If you open an account on behalf of your student, child or ward (or give your Consent for such account to be created), then (i) “you” includes both you and your student, child or ward; and (ii) you represent and warrant that you are legally authorized to grant any and all rights granted under this Agreement. By connecting to Tapybl with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service as further described in our Privacy Policy. Unless you are an educator, parent or guardian managing your student, child or ward’s account, you may never use another User’s account. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Tapybl immediately of any breach of security or unauthorized use of your account. Tapybl will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Tapybl your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
  4. Account Types and FeesTapybl offers the Service to both individuals and entities, including businesses and educational institutions. For descriptions of all account types and features currently available and our policy that governs their use, please see the Acceptable Use Policy. As our Service is constantly developing, please consult them regularly. Tapybl Account Types. Use of the free Tapybl account is free. Tapybl can, at its sole discretion, may make available various accounts with advanced functionality aimed at businesses intending to use the Service for commercial purposes (“Premium Accounts”). Use of these Premium Accounts may be subject to additional or alternative terms of use, any such additional terms are incorporated herein by reference.Premium Accounts offered to you for a fee at Tapybl’s sole discretion. If you subscribe to a Premium Account, the applicable price, if any, will be clearly stated to you before subscribing. Tapybl reserves the right to modify the Premium Accounts and change prices from time to time. If you register on the Service for a Tapybl account, your use of that account type on the Service may be subject to additional or alternative terms of use, any such additional terms are incorporated herein by reference.Alternative or additional terms, if any, governing your use of the Service through a Tapybl account will be provided to you only when a contract is signed. Please refer to those additional or alternate terms to fully understand your rights and obligations when using the Service as an educator or educational institution.Free Access. If you register for a free user account or elect to receive a free trial version of a paid version of the Service (each, “Free Access”), we will provide you access to the selected version of the Service free of charge until the earlier of (a) the end of the free trial period, or (b) the start date of any Purchased Service subscriptions ordered by you for any such version of the Service, or (c) termination by us in our sole discretion. We may, without prior notice, create usage limits for your Free Access to the Service. Additional terms and conditions may appear on the registration web page of the Free Access version of the Service to which you subscribe. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Purchased Access “Purchased Access” means access to any version of the Service that you purchase under an Order, as distinguished from those provided as Free Access.Purchased Access to the Service may be subject to additional terms set forth for the applicable version of the Service to which you subscribe. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Changes.

We reserve the right, in our sole discretion, to make any changes to the Service that we deem necessary or useful to:

  • (a) maintain or enhance
    • (i) the quality or delivery of the Service,
    • (ii) the competitive strength of or market for the Service or
    • (iii) the Service’s cost efficiency or performance

     

  • or (b) to comply with applicable Law. Service Rules. You agree not to engage in any of the following prohibited activities:
    • (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
    • (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to Tapybl servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Tapybl grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from Tapybl.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
    • (iii) transmitting spam, chain letters, or other unsolicited email;
    • (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
    • (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
    • (vi) uploading invalid data, viruses, worms, or other software agents through the Service;
    • (vii) collecting or harvesting any personally identifiable information, including account names, from the Service;
    • (viii) using the Service for any commercial solicitation purposes;
    • (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
    • (x) interfering with the proper working of the Service;
    • (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
    • (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability if in our sole determination you violate any provision of this Agreement.
  • If you become aware of any actual or threatened activity prohibited by in this Section, you shall immediately: (a) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Service and permanently erasing from their systems and destroying any data to which any of them have gained unauthorized access); and (b) notify us of any such actual or threatened activity.You are solely responsible for your interactions with other Tapybl Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Tapybl shall have no liability for your interactions with other Users, or for any User’s action or inaction.

User Content

Some areas of the Service allow Users to post or provide content such as profile information, videos, images, music, comments, questions, and other content or information on the Service (any such materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Tapybl has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that it does not violate copyrights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Tapybl reserves the right, but is not obligated, to reject and/or remove any User Content that Tapybl believes, in its sole discretion, violates any of these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Tapybl takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Tapybl shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

The Service does not replace the need for you, as applicable, to maintain regular data backups or redundant data archives. WE HAVE NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION OR RECOVERY OF YOUR USER CONTENT.

User Content License Grant.

By posting or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and any name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Tapybl’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

Mobile Software

  1. Mobile Software.We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Tapybl does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Tapybl hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Tapybl account on any mobile device controlled, owned or leased solely by you.You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Tapybl may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Tapybl or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Tapybl reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Software will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Software originates in Ireland, and is subject to Ireland export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from Ireland. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Ireland and foreign laws related to use of the Mobile Software and Tapybl Service.
  2. Mobile Application Marketplaces.
    The following applies to any Mobile Software you acquire from the iTunes Store, the Google Play, or any other similar marketplace for mobile applications (“Sourced Mobile Software”): You acknowledge and agree that this Agreement is solely between you and Tapybl, not the proprietor of such marketplace (each a “Proprietor”), and that Proprietor has no responsibility for the Sourced Mobile Software or content thereof. Your use of the Sourced Mobile Software must comply with the applicable terms of service for the marketplace from which you downloaded the Sourced Mobile Software. You acknowledge that Proprietor has no obligation whatsoever to furnish any maintenance and support services with respect to the Sourced Mobile Software. In the event of any failure of the Sourced Mobile Software to conform to any applicable warranty, you may notify Proprietor, and Proprietor will refund the purchase price for the Sourced Mobile Software to you; to the maximum extent permitted by applicable law, Proprietor will have no other warranty obligation whatsoever with respect to the Sourced Mobile Software, 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 Tapybl as a provider of the software. You acknowledge that Proprietor is not responsible for addressing any claims of you or any third party relating to the Sourced Mobile Software or your possession and/or use of the Sourced Mobile Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Sourced Mobile Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Tapybl as a provider of the software. You acknowledge that, in the event of any third-party claim that the Sourced Mobile Software or your possession and use of that Sourced Mobile Software infringes that third party’s intellectual property rights, Tapybl, not Proprietor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Tapybl acknowledge and agree that Proprietor, and Proprietor’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Sourced Mobile Software, and that, upon your acceptance of the terms and conditions of this Agreement, Proprietor will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Sourced Mobile Software against you as a third-party beneficiary thereof.

Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Tapybl Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Tapybl and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Tapybl Content. Use of Tapybl Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Tapybl under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Tapybl does not waive any rights to use similar or related ideas previously known to Tapybl, or developed by its employees, or obtained from sources other than you.

Privacy

We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use, and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to, and processed in the United States, Ireland, and/or other countries for storage, processing, and use by Tapybl.

Security

Tapybl cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

DMCA Notice

Tapybl respects the intellectual property rights of others. Per the DMCA, Tapybl will respond expeditiously to claims of copyright infringement on the Site if submitted to Tapybl’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Tapybl will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

If you believe that your intellectual property rights have been violated by Tapybl or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the Site;
  3. An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Tapybl, can contact you;
  4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
  6. Your electronic or physical signature.

Tapybl may request additional information before removing any allegedly infringing material. In the event Tapybl removes the allegedly infringing materials, Tapybl will immediately notify the person responsible for posting such materials that Tapybl removed or disabled access to the materials. Tapybl may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c). Tapybl designated Copyright Agent can be emailed at dmca@tapybl.com

Please allow 1-3 business days for an email response. Note that emailing your complaint to other parties such as our Internet Service Provider will not expedite your request and may result in a delayed response due to the complaint not properly being filed.

  1. Third-Party Links and Information
    • Third Party Materials. The Service may contain links to third-party websites, information, products, materials, or services (together, “Third Party Materials”) that are not owned or controlled by Tapybl. Tapybl does not vet, control, endorse or assume any responsibility for any such Third Party Materials,. We have not reviewed, and cannot review, all of the material, including computer software, made available through Third Party Materials, and cannot therefore be responsible for that Third Party Material’s content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tapybl disclaims any responsibility for any harm resulting from the use of Third Party Materials by Users of our Service, or from any downloading by those Users of content there posted.
    • Tapybl Policies and Terms Do Not Apply to Your Use of Third Party Materials. If you access a Third Party Materials from the Service or share your User Content on or through any Third Party Materials, you do so at your own risk, and you understand that this Agreement and Tapybl’s Privacy Policy do not apply to your use of such Third Party Materials. Your use of Third Party Materials is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using such Third Party Materials. Some Third Party Materials may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices. Tapybl does not have control over how a Third Party may use your data. You should carefully review Third Party’s data collection, retention, and use policies and practices before enabling Third Party Materials. Third Party Materials may not work appropriately with your User Content, and we may not be able to provide support for issues caused by any Third Party Materials If you have questions or concerns about how Third Party Materials operates, or need support, please contact the Third Party directly.
    • YouTube API Services. The Service may use YouTube API Services to allow you to add Third Party Materials from YouTube to your User Content. By adding Third Party Materials from YouTube via the Service you agree to be bound by YouTube Terms of Service.
    • No Liability for Third Parties. You expressly relieve Tapybl from any and all liability arising from your use of any Third Party Materials, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of Users who create advertisements using the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such User. You agree that Tapybl shall not be responsible for any loss or damage of any sort relating to your dealings with such Users.
    • Responsibility for Content. Tapybl has not reviewed, and cannot review, all of the material, including computer software, posted to our Service, and cannot therefore be responsible for that material’s content, use or effects. By operating our Service, Tapybl does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Tapybl disclaims any responsibility for any harm resulting from the use by visitors of our Service, or from any downloading by those visitors of content there posted.

 

  1. You agree to defend, indemnify and hold harmless Tapybl and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties set forth in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
  2. Representations and Warranties; Disclaimers.
    • Representations and Warranties. You represent and warrant that your use of our Service:
      • Will be in strict accordance with this Agreement;
      • Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
      • Will not infringe or misappropriate the intellectual property rights of any third party.
    • Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAPYBL OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TAPYBL, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE TAPYBL CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAPYBL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL TAPYBL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAPYBL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TAPYBL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TAPYBL FOR THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE HEREUNDER OR ONE HUNDRED EURO ($100.00)., WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TAPYBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  1. Governing Law and Venue; User Disputes
    • The resolution of user disputes will depend on where you are domiciled and will be in accordance with the laws of Ireland.
    • Manner of Giving Notices to Tapybl. Except as otherwise specified in this Agreement, all notices to Tapybl related to this Agreement will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, (c) confirmed delivery by courier service, or (d), except for notices of termination or an indemnifiable claim, the day of sending by email.
    • Agreement to Governing Law and Jurisdiction. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.
    • Legal Fees and Costs. The prevailing party in any action arising from or relating to this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs, including, without limitation, arbitration fees and fees of experts.
    • Arbitration for Users Domiciled in The United States. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TAPYBL. If you are domiciled in a country for which arbitration is designated as the exclusive forum for dispute resolution, then you agree to first contact us at info@Tapybl.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute you have with us after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights by arbitration.
    • Class Action / Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TAPYBL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
  2. General
  • Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tapybl without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
  • Notification Procedures and Changes to the Agreement. Tapybl may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Tapybl in our sole discretion. Tapybl reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Tapybl is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Tapybl may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
  • Entire Agreement / Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Tapybl in connection with the Service, shall constitute the entire agreement between you and Tapybl concerning the Service. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be (1) the applicable Order Form, (2) any additional terms or addenda applicable to specific versions of the Service, and (3) this Agreement. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
  • No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Tapybl’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
  • Contact. Please contact us at info@tapybl.com with any questions regarding this Agreement.

Privacy Policy

Welcome to Tapybl.com! Our mission is to provide Tapybl users with innovative, accessible and affordable tools for building visual learning experiences in the cloud. Here we describe how we collect, use, and process your personal information when you use our Service, the types of personal data we process and how you may use your rights as a data subject.

Some of our services might be subject to a separate privacy policy. If a separate privacy policy applies to a particular service, we will post it in connection with the service in question.

This Privacy Policy applies to processing of personal data carried out by Tapybl as a data controller. This Privacy Policy does not address and is not applicable to the processing of personal data collected by our organizational customers. We encourage you to familiarize yourself with the privacy policies of such third parties.

E-mail address: info@tapybl.com

http://www.tapybl.com

 

What’s collected and why?

We collect and use the following information to provide, improve, and protect our Services:

Information You Provide:

  • Account Information.

You can browse our site without providing personal information, but you must register in order to access most of the features of Service. Depending on how you interact with the Service, we may ask for certain information such as your name (first name, last name), email address, a description of your purpose when using the Service (business or education), your industry if you are using the Service for business purposes, your role (teacher or student) and your school name and school district, if you’re using the Service for educational purposes. Depending on your Settings, some of this personal information may be displayed on your public profile and viewable to others on the Service. You can modify these Settings yourself in the Service. Student accounts and profile data are not public to people outside of the student’s organization. Please note that we process only your direct account information as data controller. We process your personal data collected via the Service and used for educational purposes decided and controlled by one of our organizational customers, in the role of data processor. Therefore, such personal data shall not be within the scope of this Privacy Policy.

  • Optional Profile Information. After you setup your account, Tapybl members may also choose to provide additional information which may be shared with others on the Service or through your public profile, such as your name, email address, nickname or online alias, other Tapybl accounts you choose to follow, Interactive contents (as defined in the Content Information section below), websites, and other information relating to your User Content or your use of the Service. In connection with your use of the Service, we may also collect information created or provided by you, or that we otherwise receive, in connection therewith.
  • Payment and Billing Information.

We also collect credit card or payment information for paid subscriptions. This information will be securely stored with a third party specialized in the handling of such information, such as a credit card payment gateway or other payment vendors. Tapybl does not receive or process your payment card data.

  • Content Information.

Our Service is designed to make it simple for you to store your User Content, collaborate with others, and work across multiple devices to create unique, engaging visuals (“Interactive contents”). To make that possible, we store, process, and transmit your User Content as well as information related to it. This related information includes your profile information, which makes it easier to collaborate and share your User Content with others, as well as things like the size of the file, the time it was uploaded, collaborators, and usage activity. Our Service provides you with different options for sharing your User Content. You may provide us with information about you in draft and published User Content (such as for your Interactive contents). For example, if you create an Interactive content that includes biographic information about you or someone else, we will have that information, and so will anyone with access to that Interactive content if you choose to publish the Interactive content publicly. We process the User Content as our customers’ service provider and in the role of data processor. This data is processed for purposes decided and controlled by one of our organizational customers. Therefore, such personal data shall not be within the scope of this Privacy Policy.

  • Messages.

If you correspond with us, you may also provide us personal information when you respond to surveys, communicate with our engineering or support teams about a question regarding the Service, or post a question about your User Content in our public forums.

  • Telephone Information.

If we call you, or you call us, to discuss our Service, we may collect personal information from you, including your name, company name, business address, phone number, job title, email address, whether you use the Service, information about your business needs, the number of users of our Service you require as well as other similar information you decide to share with us.

 

Information We Collect Automatically:

  • Device Information. Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. Your devices (depending on their settings) may also transmit approximate location information to the Services, based on the location of your IP address. We collect log information when you use our Service, for example, when you create or make changes to your Interactive contents.
  • Usage Information. We collect information related to how you use the Service, including actions you take in your account (like sharing, editing, viewing, and moving files or folders). We use this information to improve our Service, develop new services and features, and protect Tapybl users.
  • Location Information. We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Service from certain geographic regions. We may also collect information about your precise location via our mobile apps (when, for example, you post a photograph with location information) if you allow us to do so through your mobile device operating system’s permissions. We do not track your location.
  • Cookies and Similar Technologies. We use technologies like cookies and pixel tags to provide, improve, protect, and promote our Service. A cookie is a small text file containing a string of alphanumeric characters that may uniquely identify your browser that lets us help you log in faster and enhance your navigation through the Service. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. You can set your browser to not accept cookies, but this may limit your ability to use the Service. Similarly, we may employ clear gifs (also known as web beacons) which are used to anonymously track your usage patterns on the Service, or place clear gifs in HTML-based emails we send you to track which emails are opened and which links you click. This information allows for more accurate reporting and improvement of the Service. For a detailed listing of what cookies we use and how we use them, please read our Cookie Policy.
  • Stored Information: We may access information stored on your mobile device via our mobile app. We access this stored information through your device operating system’s permissions. For example, if you give us permission to access the photographs on your mobile device’s camera roll, our Service may access the photos stored on your device when you upload a photo to the Service to create an Interactive content.

Information We Collect from Other Sources:

  • Information We Receive from Social Networking Sites. We will allow Users with certain third-party accounts to authenticate on the Service using those third-party accounts. We will also allow Users to share their interactive contents on third party services, such as social networking services provided by others, for example, Facebook. If you create or log into your account on the Service through another third-party service or if you connect your Interactive content on a social media service (like X), we will receive information from that service (such as your username and other basic profile information) via the authorization procedures used by that service. The information we receive depends on which services you authorize and any options that are available. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our website or Service.
  • Third Party Analytics Services. We may also receive information from third party services, to help us better understand you and how you use our Service. Information Collected by Third Parties:

Third Party Analytics Services. As noted above, sometimes we receive information about you from third party analytics services. In order to gain useful insights, these analytics providers may set tracking technologies (like cookies) to collect information about your use of our Services and across other websites and online services. Please see our Cookie policy for more information.

Purposes for Collecting this Information:

We use information about you as mentioned above and for the purposes listed below:

  • To provide you the Service, including for example, hosting your Interactive contents and billing you for the Service;
  • To maintain, monitor, and improve the Service by adding new features, sharing new use cases, or making the Service easier to use;
  • To monitor and analyze trends and better understand how you interact with our Service;
  • For our own internal benchmarking, for example, to measure, and gauge the effectiveness of the Service, our advertising of the Service, and to better understand user retention and attrition – for example, we may analyze how many individuals purchased a plan after receiving a marketing message or the features used by those who continue to use our Service after a certain length of time;
  • To prevent problems with our Service, protect the security of our Service, detect fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of Tapybl and others, which may result in us declining a transaction or the use of our Service;
  • To personalize your experience using our Service, remember your preferences on the Service so that you will not have to re-enter it during your visit or the next time you use the Service, target our marketing messages to groups of our Users (for example, those who have a particular plan with us or have been our user for a certain length of time), to serve relevant product marketing. For the purposes of this Privacy Policy, product marketing means product notifications, updates and examples of use or community messages. When we process personal data for the purposes of targeting product marketing, we use user groups, and marketing materials are altered depending on the account type. We do not use personal data of students for the purposes of targeted marketing or advertisements; and
  • To communicate with you, for example through an email, about offers and promotions offered by Tapybl and others we think will be of interest to you, solicit your feedback, or keep you up to date on what we’re up to and our products. We give users the option to use some of our Services free of charge. These free Services are made possible by the fact that some users upgrade to one of our paid Services. If you register for our free Services, we will, from time to time, send you information about upgrades when permissible. For further information on your choices regarding your choices with regard to the use of your information for marketing purposes, see “Your Choices Regarding Your Information” below.

Legal basis for collecting and using information

  • We collect and use the personal data described above based on the following grounds:
  • The use is necessary in order to fulfill our commitments to you under our Terms of Use or other agreements with you or is necessary to administer your account, for example, in order to enable access to our Service on your device or charge you for a paid subscription; or
  • Processing of personal data is necessary for compliance with a legal obligation; or
  • We have a legitimate interest in using your information, for example, to run, maintain, develop and promote our business, to provide and update our Service, to improve our Service so that we can offer you an even better user experience, to safeguard our Service, to communicate with you, to measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, to monitor and prevent any problems with our Service, and to personalize your experience. We may also process personal data for our legitimate interest to create and maintain customer and other business relationships and whilst fulfilling our contractual obligations towards our organizational customers; or
  • You have given us your consent, for example before we place certain cookies on your device and access and analyze them later on, as described in our Cookie Policy.

When choosing to use your data on the basis of our legitimate interests, we weigh our own interests against your right to privacy and e.g. provide you with easy to use opt-out from our marketing communications and use pseudonymized or non-personally identifiable data when possible.

Disclosure of information to third parties (categories of recipients)

We won’t transfer information about you to third parties for the purpose of providing or facilitating third-party advertising to you. We won’t sell information about you either. We may share your personal information in the limited instances described below. For further information on your choices regarding your information, see “Your Choices Regarding Your Information.”

  • Others Working For or With Tapybl.

We may share information about you with third party vendors who need to know information about you in order to provide their services to us, or to provide their services to you. This group includes vendors that help us provide our Services to you (like payment providers that process your credit and debit card information, fraud prevention services that allow us to analyze fraudulent payment transactions, postal and email delivery services that help us stay in touch with you, customer chat and email support services that help us communicate with you, those that assist us with our marketing efforts (e.g. by providing tools for identifying a specific marketing target group or improving our marketing campaigns), those that help us understand and enhance our Services (like analytics providers), and those that help us deliver our Service (like hosting and content delivery providers). These vendors process personal data as our data processors on our behalf. We require vendors to agree to privacy commitments in order to share information with them. When your personal data is processed by third parties as data processors on behalf of Tapybl, Tapybl has taken the appropriate contractual and organizational measures to ensure that your data are processed exclusively for the purposes specified in this Privacy Statement, and in accordance with applicable laws and regulations. Other vendors are listed in our more specific policies (e.g. our Cookie Policy).

  • Other Users.

Our Services display information like your name, profile picture, and profile description to other users in places like your user profile and sharing notifications. For our student users, this profile data is displayed only to users belonging to the same organization. You can also share your Interactive contents with other users if you choose.

  • Account Administrators.

If your use of the Service is pursuant to an Agreement entered into by your employer, education institution, or other organization to which you belong, (e.g., Tapybl Business plans or Tapybl Education), your administrator may have the ability to access and control your Tapybl team account. Please refer to your organization’s internal policies if you have questions about this.

  • Third Parties at Your Request.

Certain features let you make additional information available to the public. You may have the option to share your Tapybl activities with your friends, or through email, SMS text, or various social media sites or on your blog or website. Public information may also be indexed by search engines or used by third parties. Please keep all of this in mind when deciding what you would like to share.

  • Other Applications.

You can also give third-party providers access to your information and account, for example, via Tapybl APIs. Please remember that their use of your information will be governed by their privacy policies and terms.

  • Company Transactions.

Other parties in connection with any company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings. Your information, including user names and email addresses, User Content, and other user information may be among the items sold or otherwise transferred in these types of transactions. In this case, we will continue to ensure the confidentiality of all personal data. We will give notice to all the Users concerned when the personal data are transferred or become subject to a different privacy statement, as soon as reasonably possible; and

  • Law & Order and the Public Interest.

Third parties as required to (a) satisfy any applicable law, regulation, subpoena/court order, legal process or other government request, (b) enforce our Terms of Use Agreement, including the investigation of potential violations thereof, (c) investigate and defend ourselves against any third party claims or allegations, (d) protect against harm to the rights, property or safety of Tapybl, its users or the public as required or permitted by law and (e) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.

  • Aggregated and De-Identified Information.

We may share information that has been aggregated or de-identified. In this case, the personal data is permanently anonymized so that no personally identifiable data is shared. For instance, we may publish aggregate statistics about the use of our Service.

Your choices and rights regarding your information

  • Account Data (Right to Access).

Tapybl does not verify the accuracy of the personal data you provide. All Tapybl profiles are typically made available to the public, however you may elect to make your content private. If you make all of the content on your profile private, then your profile will not appear in a directory search of the Service, but a user may still be able to access your profile if they know the uniform resource locator (URL) address for your profile. For our student users, this profile data is displayed only to users belonging to the same organization. You can edit and change your profile and account data through the Settings of your account. You have the right to inspect the personal data we have stored about you in the Tapybl User Register either via the Service (if we, in our sole discretion, offer such functionality) or by requesting it in writing from Tapybl. You have the right to access and be informed about your personal data processed by us. You may contact us and request a copy of your personal data. You can also choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our Services, for example, paid, premium Services, may not be accessible.

  • Limit Access to Information On Your Mobile Device.

Your mobile device operating system should provide you with the ability to discontinue our ability to collect stored information or location information via our mobile apps. If you do so, you may not be able to use certain features (like adding a location to a photograph, for example).

  • Access to Data Controlled by Our Users.

Tapybl has no direct relationship with the end users (usually students or employees) of our Users, whose personal information is contained within the personal data processed by our Services. An individual who seeks access, or who seeks to correct, amend, or delete personal information provided by our Users should direct their request to the specific User. You may also contact us at info@Tapybl.com if you have additional questions or concerns.

  • Marketing Communications.

We or a third party will obtain your consent before sending you electronic direct marketing. If you do not wish to receive promotional emails, you can click the “unsubscribe” button on promotional email communications. If you opt out of promotional messages, we may still send you other messages, like those about your account and legal notices. We sometimes contact people who do not have a Tapybl account, for example if you subscribe to our newsletter or marketing list or request more information about our Service.

  • Close Your Account (Right to erasure).

Of course, while it’s hard to say goodbye, we understand that sometimes you just need to move on. You can delete your information from within your account or close your account. To close your account, please contact us, and keep in mind that we may continue to retain your information after closing your account, as described in How Store Your Information below, for example, when that information is reasonably needed to comply with (or demonstrate our compliance with) legal obligations such as law enforcement requests, or reasonably needed for our legitimate business interests. We’ll use all commercially reasonable efforts to delete or anonymize your User Content upon request, but please be aware that due to the social nature of our Service, it may not be possible to completely remove all of your personally identifiable User Content if, for example, that content has been stored, republished, or reposted by another user or a third party.

 

 

  • Take Your Data (Data Portability).

You can ask us for a copy of personal data you provided to us.

  • Consents (Right to withdraw a consent).

In case the processing is based on a consent granted by the User, the User may withdraw the consent at any time. Withdrawing a consent may lead to fewer possibilities to use the Services. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

  • How to use your rights.

The abovementioned rights may be used either directly in the Service (as described above) or by sending a letter or an e-mail to us on the addresses set out above, including the following information: the full name, e-mail address and a phone number. We may request the provision of additional information necessary to confirm the identity of the User. We may reject requests that are unreasonably repetitive, excessive or manifestly unfounded.

How we process your information

  • Security.

Tapybl cares about the security of your information and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information we collect and that we share with our service providers. Personal data and backups are stored in protected databases located behind a firewall and with both physical and software-based access controls. However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

  • Retention and Storage Period.

We do not store your personal data longer than is legally permitted and necessary for the purposes of this Privacy Policy. The storage period depends on the nature of the information and on the purposes of processing. The maximum period may therefore vary per use. When you sign up for an account with us, we’ll retain information you store on our Services for as long as your account is in existence or as long as we need it to provide you the Services. If you delete your account, we will initiate deletion of this information within 30 days of your request. But please note: (1) there might be some latency in deleting this information from our servers and backup storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

Important notice

This Privacy Policy does not govern the collection, use, or disclosure of personal information through the Service by the educational institution or organization which has given you (or your child) access to the Service. Please contact this organization to better understand its privacy practices.

Processing of data regarding children

In some instances, children may use the Service and personal data of children may be collected to the Service. We take many special precautions to protect the privacy of children under 13. Children may only access the Services at the direction of their teacher or school district when their teacher or school has subscribed to the Service and enabled the option for their students to join the Service. In this case, the school or another institute shall be a data controller and shall be responsible for the processing of personal data, including the collection of parental consents when necessary. Please see our Kid’s Privacy Policy to learn more about how we protect the privacy of our users who are under 13 years of age.

Transferring your data

Because the Services are offered worldwide, the information about you that we process when you use the Services in the EU may be used, stored, and/or accessed by individuals operating outside the European Economic Area (EEA) who work for us, other members of our group of companies, or third party data processors. This is required for the purposes listed in the What We Collect and Why section above. When providing information about you to entities outside the EEA, we will take appropriate measures to ensure that the recipient protects your personal information adequately in accordance with this Privacy Policy as required by applicable law. These measures include, in the case of entities based in other countries outside the EEA, entering into European Commission approved standard contractual arrangements with them, unless Tapybl has adopted an alternative method other than the Standard Contract Clauses, that ensures an adequate level of protection of personal data in a third country.

You can ask us for more information about the steps we take to protect your personal information when transferring it from the EU by contacting us by using the contact details set out in this Privacy Policy.

Updates to this privacy policy

We reserve the right to modify this Policy from time to time. If we make any changes to this Privacy Policy, we will change the “Last Updated” date at the top of this page and will post the updated Privacy Policy on this page.

Contact and lodging a complaint

Have questions or concerns about Tapybl, our Services, and privacy? Contact us at info@Tapybl.com.

Tapybl’s Kid’s Privacy Policy

We recognize that from time to time we may have children under 13 use the site under the supervision of a parent or an educational institution acting as an agent of their parent. When that happens, we take additional precautions to protect the privacy of children under 13. This Kid’s Privacy Policy is designed to inform how we process personal data of children, in addition to the information provided in our general Privacy Policy.

In case the User considers our processing of personal data to be inconsistent with the applicable data protection laws, a complaint may be lodged with the local supervisory authority for data protection.

Personal Information we collect from kids under 13.

When a user creates a Tapybl account, we may ask for name, email address, a description of your role when using the Service, and password and a birth date. Children may only access the Services at the direction of their teacher or school district when their teacher or school has subscribed to the Service and enabled the option for their students to join the Service. In this case, the school or another institute shall be a data controller and shall be responsible for the processing of personal data, including the collection of parental consents when necessary.

Information collected through cookies and other technology.

We automatically collect certain types of usage information when a kid uses our Service. For example, we may collect an IP address, browser type, information about the kid’s mobile device, and other information. This data is collected using technologies such as cookies, web beacons and other unique identifiers. This information may be collected by Tapybl or by third parties. To learn more about this type of data, see “What is collected and why” in our general Privacy Policy. We use this information to remember information so that the kid will not have to re-enter it during a later visit; provide custom, personalized content, monitor site analytics, and improve our service. We do not permit third party behavioral advertising on our site. We do not target any advertisements or product marketing to children. Kids will not receive any marketing or promotional messages via our Service, as long as they have signed up for a correct account type, i.e. if they have signed up as a student.

How we use and share information collected from kids.

We use this information to operate, maintain and provide the functionality of the Service and to communicate with the kid and the parent about activities on the Service. We may also send Service-related emails (e.g., account verification, changes or updates to features of the Service, technical and security notices). Registered users cannot opt-out of Service-related emails.

Our Service generally permits users to connect with others on the Service and to share information with others. Members under 13 have restricted sharing capabilities, though a kid under 13 may be permitted to share information in the following manner:

  • With the kid’s teacher(s).
  • Kids are able to use some of the sharing functions, but kids under 13 are not permitted to share their information publicly on the Service.

In addition, we may share a kid’s personal information with:

  • Other companies owned by or under common ownership as Tapybl, which includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use the personal information in the same way as we can under this Policy;
  • Third party vendors, consultants, contractors and other service providers that perform services on our behalf, in order to carry out their work for us, which may include content or service fulfillment, accounting, or providing analytics services;
  • Third parties as reasonably necessary to (i) satisfy any applicable law, regulation, subpoena/court order, legal process or other government request, (ii) enforce our Terms of Use Agreement, including the investigation of potential violations thereof, and/or (iii) investigate and defend ourselves against any third party claims or allegations, (iv) to exercise or protect the rights, property, or personal safety of Tapybl, our Users or others.

We may also share information with others in an aggregated and anonymous form that does not reasonably identify any user, including our kid users, directly as an individual.

Processing of kids’ personal data.

Where the Service is used by a child for educational purposes, the educational institution decides the purposes and means of processing and therefore acts as a data controller. The educational institution is responsible for the processing of kids’ personal data, including the collection of parental consents and informing the parents. At that time, the kid will be able to participate in the Service as permitted by the educational institution.

How parents can access, change or delete information collected from their kids.

A registered user can modify personal data or delete a Tapybl account at any time by visiting the “Account settings” page. A parent or child may contact us at any time by emailing us or by contacting us at the address below to review, change, and/or delete any information we have collected from a kid under 13 as well as to disallow any further collection or use of the child’s information. We will take steps to verify the identity of anyone requesting personally identifiable information about a child and to ensure that the person is in fact the child’s parent or legal guardian. You can also contact the relevant teacher or school organization if you wish to delete the data.

If you have any questions concerning this Kid’s Privacy Policy, or if you feel that we have inadvertently collected information from a child without notifying a parent or obtaining consent, you can contact us at: Email: info@Tapybl.com.

COPPA compliance

Some users of the Service may include young children. We take many special precautions to protect the privacy of children under 13. The Children’s Online Privacy Protection Act (COPPA) protects children under the age of 16. Children may only access the Services at the direction of their teacher or school district by using an invitation code provided to them by their teacher or educational institution. School officials and teachers are authorized under COPPA to provide consent on behalf of parents; therefore, Tapybl does not obtain parental consent directly from parents of children who are using the Service. A teacher or school district official provides consent for a child under the age of 13 to use the Service when they create an account on the Service for that child. Please see the ‘Tapybl’s Kid’s Privacy Policy’ above to learn more about how we protect the privacy of our users who are under 13 years of age.

FERPA compliance

The Family Educational Rights and Privacy Act (FERPA) provides parameters for what is permissible when sharing student information. Tapybl is authorized by schools and districts under the FERPA “school official” exception to receive and use educational data to provide educational services. This data has significant educational value; apart from enabling the creation of accounts with which students access the Service, the data allows teachers to track student activity and assess student performance. This information is used only for academic purposes. We do not collect data for collection’s sake, and access is limited and appropriate. For specific information regarding our data handling practices with regard to student data, please refer to our ‘Kid’s Privacy Policy’ above.

Acceptable Use Policy

Tapybl’s Acceptable Use Policy (the “AUP”) sets out the acceptable and non-acceptable uses of our Tapybl service. It forms part of our Terms of Use and terms defined in the Terms of Use have the same definition in this AUP. This is a binding document, and by accepting the Terms of Use you also accept this AUP. Please thus review these rules carefully and ensure that your use of the Tapybl service complies with the rules set out in this AUP. We reserve the right to change this AUP at our sole discretion, and will notify you of any changes by posting the new version on the Website.

General rules for the use of the Tapybl service

  • You must not annotate and/or display (i) any material protected by copyright or other intellectual property rights without the prior approval of the respective rights holder, nor (ii) any illegal, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable material, nor (iii) any material that may not be appropriate for all audiences (including pornography and other adult content).
  • You must not use the Tapybl service for any illegal, fraudulent or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content.
  • You must not copy any elements of the Tapybl service, including the code and the design, or our name, trademark, logo or other proprietary information, without our prior written consent.
  • You must not attempt to circumvent or breach any security or any authentication measures put in place by Tapybl.
  • You must not transmit any worms or viruses, any code of a destructive nature or otherwise interfere with the operation of the Tapybl service.
  • You must not provide us or any other users of the Tapybl service any false or misleading information.
  • You must not attempt to replicate or circumvent any of the functionality of the Tapybl service with any unauthorized solutions created by you or by a third party.
  • You must not collect from any third parties personal data or personally identifiable information in violation of any data protection and/or privacy laws
  • You must not encourage or solicit any third party to do any acts prohibited by the Terms of Use or this AUP.

We reserve all rights to take appropriate action in case of a breach of these rules, including, but not limited to, removing the offending content, or either suspending or terminating the account of the person in breach. We need to do that because we want to make sure that all of our users can enjoy the service, and not get harmed by the actions of the few who might not have others best interests at heart.

Cookie policy

We at Tapybl (We”, “Our”, “The Company”) use cookies to ensure you get the best experience when you are using our services and products. This Cookie Policy provides you with clear and comprehensive information about the cookies we use and the purpose for using those cookies on our Platform.

 

Please read the following carefully to understand our policies and practices regarding the use of cookies on our Platform. By using or accessing our Platform, you agree to this Cookie Policy. This policy may change from time to time and your continued use of the Platform is deemed to be acceptance of such changes, so please check the policy periodically for updates.

 

  1. YOUR CONSENT

 You consent to the placement of cookies on your browser, by us and our third-party service providers. Please read this Cookie Policy carefully for details about why we use cookies and the information they collect from and about you.

 

  1. WITHDRAW YOUR CONSENT ANY TIME

If you do not wish to accept cookies in connection with your use of the Platform, you will need to delete and block or disable cookies via your browser settings; see below for more information on how to do this. Please note that disabling cookies will affect the functionality of the Platform and may prevent you from being able to access certain features on the Platform.

  

  1. WHAT ARE COOKIES? 

A cookie is a small file of letters and numbers that may be stored on your browser or the hard drive of your computer when you visit our Platform. Cookies contain information about your visits to the Platform. A cookie is a small piece of data that the Platform asks your browser to store on your computer or mobile device. The cookie allows the Platform to “remember” your actions or preferences over time. Most browsers support cookies, but users can set their browsers to decline them and can delete them whenever they like.

 

  1. WHY DO WE USE COOKIES?

Cookies are commonly used by Platforms to serve many different functions. We use cookies on our Platform to allow us to tailor our Platform to your needs and deliver a better and more personalised service. Cookies help us improve the performance of our Platform by enabling us to:

 

  • Help you navigate between pages on the Platform efficiently,
  • Protect your security,
  • Remember information about your preferences and recognize you when you return to our Platform,
  • Allow us to customize our Platform according to your individual interests,
  • Measure how people are using our services in order to improve our services and browsing experience,
  • Speed up your searches,
  • Make our Platform easier to use,
  • Generally, give you a better online experience.

 

Cookies are not unsafe or in themselves a threat to your online privacy, as we do not store sensitive information. The cookies used on our Platform never collect anything that personally identifies you, such as your name or address, and we never sell your details to any third parties.

 

  1. HOW ARE COOKIES USED?

The web server providing the webpage can store a cookie on the user’s computer or mobile device. An external web server that manages files included or referenced in the webpage is also able to store cookies. All these cookies are called http header cookies. Another way of storing cookies is through JavaScript code contained or referenced in that page.

 

Each time the user requests a new page, the web server can receive the values of the cookies it previously set and return the page with content relating to these values. Similarly, JavaScript code can read a cookie belonging to its domain and perform an action accordingly.

 

We use “analytics” cookies, which, in conjunction with our web server’s log files, allow us to calculate the aggregate number of people visiting our Platform and which parts of our Platform are most popular. This helps us gather feedback so that we can improve our Platform and better serve our users. We do not generally store any personal information that you provide to us in a cookie.

 

We also use “social media” cookies to personalize your interaction with third-party social media Platforms such as Twitter and Facebook, where our Platform uses such features. Such cookies recognize users of these social media sites when you view social media content on our Platform. They also allow you to quickly share content across media, using simple “sharing” buttons.

  

  1. WHAT ARE DIFFERENT TYPES OF COOKIES?

First-party cookies – these are our own cookies set by our Platform, controlled by us and used to provide information about the usage of our Platform.

 

Third-party cookies – these are cookies from any other domain. We use several suppliers that may also set cookies on your device on our behalf when you visit our Platform to allow them to deliver the services they are providing.

 

  1. HOW LONG DO COOKIES STAY ON YOUR COMPUTER?

Cookies that are used on our Platform may be either session cookies or persistent cookies.

 

  • Session cookies are temporary cookies that remain on your device until you leave the Platform.
  • Persistent cookies are stored on your hard drive until you delete them, or they reach their expiry date. These may, for example, be used to remember your preferences when you use the Platform and recognise you on your return.

 

  1. WHAT COOKIES DO WE USE?

Strictly Necessary cookies: Some cookies are essential for the operation of our Platform. These cookies are essential in helping you to move around our Platform and use the features, such as accessing secure areas of the Platforms. We may use Strictly Necessary cookies to:

 

  • Remember the goods and services you selected when you get to the payment page,
  • Identify you as being logged in to the site,
  • Provide access to protected areas of a Platform,
  • Remember previously entered text so it’s not lost if the page refreshes.

 

Consent is not required for Strictly Necessary cookies, as they are required for us to provide the services requested by you.

 

Performance cookies: These cookies simply help us improve the way our Platform work. We utilise these cookies to analyse how our visitors use our Platform and to monitor our Platform performance. They tell us how people use each page, which ones are most viewed, or whether any errors occurred. This allows us to provide a high-quality experience and quickly identify then fix any issues that arise. We may use Performance cookies to:

 

  • Store preferences to see which method of linking between pages is most effective,
  • Enable web analytics to provide anonymous statistics on how our Platform is used,
  • To assist with error management in helping us improve the Platform by measuring any errors that occur,

 

You can delete or manage Performance cookies as instructed in the last section of this Cookie Policy.

 

Functionality cookies: We use Functionality cookies to allow us to remember your preferences. For example, we may store your geographic location in a cookie to ensure that we show you our Platform localised for your area. We also use Functionality cookies to provide you with enhanced services such as allowing you to watch a video online or comment on a blog. We may use Functionality cookies to:

 

  • Remember settings you have applied such as layout, colours, font sizes and page backgrounds,
  • Remember if we’ve already asked you if you want to fill in a survey,
  • Detect if you have already seen a pop-up to ensure it doesn’t get shown to you again,
  • Process a request from a user to submit a comment or blog or forum post.

If you delete these Functionality cookies, any preferences or settings you selected will not be retained for later visits.

Targeting cookies: These cookies help us make sure the content you see on our Platform is relevant to you and your interests. We may use Targeting cookies to:

 

  • Collect information about browser habits to target Platform content,
  • Provide links to social networks like Facebook,

 

  1. HOW TO MANAGE YOUR COOKIES

Most Internet browsers are initially set up to automatically accept cookies. Unless you have adjusted your browser settings to refuse cookies, our system will issue cookies when you direct your browser to our Platform.

 

You can refuse to accept cookies by activating the appropriate setting on your browser. Please be aware that restricting the use of cookies may impact on the functionality of our Platform and you may be unable to access certain parts of our Platform. Depending on your browser, further information can be obtained via the following links:

 

 

If you use different devices to access our Platform (e.g., your computer, mobile) you will need to ensure that each browser on each device is adjusted to suit your cookie preferences. Mobile phone users may have to refer to their handset manual for details on how to block cookies using their mobile browser.

 

  1. CONSENT TO THE USE OF COOKIES ON THIS PLATFORM

By continuing to use our Platform, you are deemed to consent to our use of the cookies described in this Policy.  If you do not consent to our Cookie Policy, then please read the next section of this policy entitled “Blocking Our Use of Cookies.”

 

 

  1. BLOCKING OUR USE OF COOKIES

 You as a user have the right to decline the use of cookies during your visit to, and use of, our Platform. Whilst this is your right, it may result in you not being able to use all the functionality of our Platform.

You can block our use of cookies by activating the settings in your browser. In order to use certain services offered through our Platform, your web browser must accept cookies. If you choose to withhold consent, or subsequently block cookies, some aspects of the Platform may not work properly, and you may not be able to access all or part of our Platform.

The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Platforms of its manufacturer.

 

  1. LINKS TO OTHER PLATFORMS

This Cookie Policy does not cover the links within this site linking to other Platforms. We encourage you to read the privacy statements on the other Platforms you visit.

I am text block. Click edit button to change this text. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.