USERS TERMS OF SERVICE

For Users of Tapjoy Customer Support and Tapjoy Apps

1. Introduction and Acceptance

Welcome to Tapjoy! These Tapjoy User Terms Of Service govern your access to and use of the services we offer directly to end users, including our presentation of advertising offers and our customer support (collectively, “Services”). Together with our Privacy Policy, which describes our data collection and use practices, these User Terms Of Service form the agreement between you and Tapjoy relating to your access to and use of our Services (“Agreement”), effective as of the date you accept the User Terms Of Service.

THESE TAPJOY USER TERMS OF SERVICE CONTAIN A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. By accepting these User Terms Of Service, you agree to arbitration under the arbitration terms below, and waive your right to pursue a class action or to have your dispute decided by a jury. See “Dispute Resolution, Agreement to Arbitrate, Class Action Waiver, and Jury Trial Waiver” below for details.

You are responsible for reviewing the documents that make up the Agreement before clicking to accept the User Terms Of Service. By clicking to accept the User Terms Of Service (for example, as part of submitting a support request), you agree to be bound by the Agreement and, if you are an individual acting on behalf of a company or other entity, you represent that you have the authority to bind that entity and accept this Agreement on its behalf. If you do not have that authority or do not accept the Agreement, then you should not click to accept and Tapjoy does not authorize you or the entity to access or use our Services. (References to “you” mean the person or entity accepting the User Terms Of Service; references to “we” or Tapjoy” mean Tapjoy, Inc., including our affiliates, including but not limited to Unity Technologies SF.)

2. Tapjoy User Services

These User Terms Of Service cover the Services that Tapjoy offers directly to end users, including customer support for issues related to advertising offers powered by Tapjoy.

Users of our legacy apps, such as TapDefense, TapOut, or Coloroid, and our legacy app-discovery and currency-management services (MyTapjoy) should be aware that we are no longer maintaining or updating these apps and services; you may continue to use them at your own risk, subject to the applicable terms of use.

Users of third-party apps or third-party websites encountering issues not related to Tapjoy-powered advertising offers should contact the app publisher directly; we cannot assist you with those support questions.

3. General Requirements

You agree to use our Services only as we provide them, and only in accordance with these User Terms Of Service, any additional instructions we provide you, and applicable laws and regulations. We reserve the right to add, remove, or modify our Services at any time.

Tapjoy does not knowingly provide Services to children, meaning users under the age of 16 or the applicable minimum age of online consent where you are located. If you are under the minimum age applicable to you, please do not use our Services or send us any information about yourself. If you believe that we may have any information from or about a child, please contact us at privacy@tapjoy.com. If we learn that we have collected personal information from a child without verifiable parental consent, we will delete that information.

On rare occasions, a reward offer you receive while using the Services may have actual monetary value in your place of residence; if you receive any taxable compensation through the use of our Services, you will be solely responsible for any resulting taxes or similar obligations.

You are prohibited from using the Services in connection with fraudulent, abusive, or illegal activity, including but not limited to device ID manipulation, misrepresentation of offer eligibility (including deceptive geolocation manipulations), interference with our services or systems (bots, crawling, spam, etc.), or attempts to decompile or reverse engineer our code (other than as permitted by law).

We make the Services available to you for use solely for your personal benefit; you may not use the Services for commercial purposes or financial gain. For example, you are not allowed to sell or rent our Services to a third party or otherwise exploit our Services for the economic benefit of a third party.

We make our Services available as part of a virtuous circle that allows users like you to be rewarded for their time and attention, publishers to earn money through their apps, and advertisers to reach users who may be interested in their products and services. Rewards offered to the user are subject to (i) meeting all the eligibility terms and the offer's specific requirements; and (ii) the receipt by Tapjoy of a confirmation from the applicable advertiser that the user has properly completed the offer. If we believe that your behavior is in any way abusive or disruptive of our ecosystem, we reserve the right to take action against you, including suspension or permanent ban.

4. Customer Support

Tapjoy offers customer support to end users for issues related to in-app advertising offers. To make a support request, contact us by clicking the in-app link. We cannot accept requests submitted through other channels, such as email or telephone.

4.1 Initial Request – Timing Requirements.

Rewards for completed advertising offers may take up to 48 hours to appear in your account, so please wait that long before filing a support request. Requests filed prematurely cannot be processed; please wait to see if the issue persists after the initial 48-hour window has passed. You can check the status of pending rewards by opening the app in which you viewed the offer, navigating to the Tapjoy advertising offerwall inside the app, and selecting “Reward Status” from the menu (typically in the top left corner).

Customer support requests must be made within 30 days of your first interaction with the in-app advertising offer involved in your request. Requests made beyond that 30-day window might not be processed.

4.2 Timing Expectations for Response and Resolution.

Some support requests are easy to resolve; others may require multiple rounds of investigation with the user, the advertiser, the publisher of the app, our internal technical team, or some or all of the above. The time it takes to resolve a support request depends on several factors, including how complex the issue is as well as advertiser and publisher responsiveness, customer support workload, user cooperation, and other factors. For that reason, we do not promise that support requests will be resolved within a specific time frame; we do, however, strive to respond to your initial request within 48 hours of receiving it. If we ask you for your assistance, for example by providing screenshots or other information, and you do not provide it within the timeframe requested, we may close your support request without further action.

4.3 Behavior Expectations.

We understand that it’s frustrating when something doesn’t work as expected or takes longer than you’d like; however, please don’t take your frustration out on our support team. We do not tolerate abusive language or actions; consequences of profanity or other abusive behavior may include immediate closure of your support request and the suspension or permanent termination of your Tapjoy privileges, in addition to any other equitable or legal remedies available to us.

4.4 What Data Is Involved.

When you submit a customer support request, we receive and store device identifiers for the device involved in your request — specifically, its advertising identifier (IDFA for iOS devices, Android Advertising ID for Android devices), along with your email address and IP address, and your name if you choose to provide it. We use this information, together with additional information we may request to demonstrate offer completion, to respond to your request and help prevent fraud. If resolution of your request requires coordination with the advertiser or publisher involved, we may share your support request information with them, including the device identifiers and your email address, as necessary to research and respond to your request. In rare cases, a support request may involve telephone contact; in that case, the user’s telephone number is used only to return the call.

We combine and analyze information about customer support requests, including device identifiers and IP addresses, to identify trends, spot problems, prevent fraud, and look for ways to improve our services.

For more information about how Tapjoy uses data, including to target and optimize advertising, please refer to our privacy policy.

5. Other Important and Binding Provisions

5.1 Indemnity Obligation.

We make our Services available at no cost to end users like you. As a condition of using them, if your use of our Services causes liability to Tapjoy, you agree to indemnify and hold Tapjoy harmless from all damages, losses and expenses of any kind, including reasonable legal fees and associated costs arising out of or otherwise related to your use of the Services. This means that if someone sues Tapjoy due to your conduct in using our Services, you will be legally and financially responsible.

5.2 Disclaimers and Limitations on Liability.

We use commercially reasonable efforts to provide you with an enjoyable experience. However, we do not promise or guarantee anything about your use of or experience with our Services.

Tapjoy has no special relationship with, or fiduciary duty to, you. You acknowledge that Tapjoy makes no representations regarding, has no control over, and has no duty to take any action regarding any third-party apps, third-party websites, or other content or materials you may access in the course of using our Services, and you release Tapjoy from all liability in connection therewith. Tapjoy will not be responsible or liable for the accuracy, copyright compliance, legality or decency of third-party content or material contained in or accessed through our Services. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE TAPJOY SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. TAPJOY FULLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AND CONTRACTORS, ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE TAPJOY SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ERROR-FREE OR UNINTERRUPTED SERVICE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAPJOY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE TAPJOY SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY: (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFOR OR $10; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND TAPJOY’S REASONABLE CONTROL.

6. Dispute Resolution Terms

6.1 Agreement to Arbitrate, Class Action Waiver, and Jury Trial Waiver.

These User Terms Of Service, and any dispute arising between Tapjoy and you under the Terms or otherwise in connection with your use of the Services, shall be governed by applicable federal law, the Federal Arbitration Act, and the laws of the State of California, without regard to principles of conflict of laws.

6.2 EU Residents.

If you are a resident of a European Union Member State and you wish to institute an action arising from or relating to the subject matter of this Agreement, you may choose to do so either in the national courts of your country of residence or through binding arbitration as set forth below.

6.3 Non-EU Residents.

For users residing outside the European Union, you and we agree that any dispute arising from or relating to the Services or this Agreement shall be finally settled by arbitration, using the English language in accordance with the then-current Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”), except that either of us may bring an individual claim in small claims court if it qualifies. Both parties agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights, or to seek other provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

7. Arbitration

In arbitration, instead of a judge or jury, there is an arbitrator, and court review of an arbitration award is limited. However, an arbitrator can grant, on an individual basis, the same damages and relief as a court, including injunctive and declaratory relief or statutory damages.

• Who will be the arbitrator? Both parties agree that the arbitration will be conducted by one arbitrator, selected from a list of potential arbitrators provided by JAMS. If the parties cannot agree on the arbitrator, selection will be conducted in accordance with the JAMS Comprehensive or Streamlined Arbitration Rules & Procedures (the “JAMS Rules”), as applicable.
• What rules will govern the arbitration? The JAMS Arbitration Rules & Procedures of JAMS (Comprehensive for claims exceeding $250,000, or Streamlined, for claims below that amount) will govern the arbitration, as well as the payment of filing, administration and arbitrator fees.
• Where will it take place? As part of our commitment to the mobile economy, any arbitration will take place by videoconference (Pacific time), which allows you to participate from the location of your choice. (Tapjoy will participate from our headquarters in San Francisco, CA.)
• How is an arbitration started? To begin an arbitration proceeding, you must send a written notice requesting arbitration and describing your claim to Tapjoy, Inc. ℅ our registered agent, Corporation Service Company (CSC-Lawyers Incorporating Service), 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833-3505; if we wish to initiate arbitration, we must notify you in writing.
• Who pays the costs? We will reimburse you for your filing fee upon being notified of the filing, and your share of the arbitration costs and fees (not including your attorneys’ fees) at the conclusion of proceedings, if your claim is for US $10,000 or less. For claims above $10,000, the costs will be split between you and us according to the JAMS Rules. For claims of any size, if the arbitrator determines that one party’s claims (or counterclaims) were frivolous, the arbitrator may order them to pay the other party’s attorneys’ fees and/or costs.
• Who is responsible for attorneys’ fees? Each party is responsible for paying its own attorneys’ fees and costs; however, if the arbitrator determines that one party’s claims (or counterclaims) were frivolous, the arbitrator may order them to pay the other party’s attorneys’ fees and/or costs.

Judgment upon the arbitrator’s award may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

8. Class Action Waiver

Both parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The decision of the arbitrator (or small claims court judge) only affects the specific parties involved in the claim and does not extend to third parties or other users of our Services.

9. Exclusive Jurisdiction and Venue; Jury Trial Waiver

Both parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California for any dispute not handled through arbitration or in small claims court, as described above. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

10. Arbitration Opt-Out

You may opt out from arbitration within the first thirty days after accepting these Terms, by writing to Tapjoy, Inc., 30 Third Street, San Francisco, CA 94103, Attn: Arbitration Opt-Out, or emailing user_arbitration_optout@tapjoy.com; in each case, please provide your name, address, and the advertising identifier(s) of the mobile device you use with Tapjoy and the email address(es) used to contact customer support.

11. Miscellaneous

The Agreement remains in effect between you and Tapjoy for as long as you continue to use our Services. We reserve the right to make changes to our Services and these User Terms Of Service at any time. If you are dissatisfied with the Services, your sole remedy is to stop using the Services. We reserve the right, in our sole discretion, to reject or remove any customer support request and to restrict, suspend, or terminate your access to or use of our Services, at any time and with or without notice, without liability to you. The provisions following the heading “Other Important and Binding Provisions” shall survive termination.

Except as required by applicable law, both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

The Agreement supersedes and replaces any prior agreements regarding your use of the Services, and does not create any third party beneficiary rights. If for some reason we do not take prompt action regarding your violation of these User Terms Of Service, this will not mean that we are giving up the right to do so in the future. If for some reason any portion of these User Terms Of Service is found to be unenforceable between the parties, that shall not affect the rest of the User Terms Of Service. If these User Terms Of Service conflict with any other terms of use for other services that we are providing to you, the other terms shall control over these User Terms Of Service.

You may not assign or transfer this Agreement, or any rights or obligations granted under it, to any other person without our express written consent. Tapjoy may freely assign its rights or obligations without your consent.

12. Contact Information

For help with a customer support request, please use the in-app link to Customer Support to file a new request or to check the status of your existing support requests. General support information may be viewed at support.www.tapjoy.com. If you have other questions or concerns about our Services, you can contact us via regular mail at Tapjoy, Inc., 30 Third Street, San Francisco, CA 94103, Attention: Customer Support.

Please note – support requests cannot be submitted via email or postal mail; please use the in-app link instead.

Last Updated: June 11, 2024