This End User License Agreement and Terms of Service (this “EULA”) is a binding contract between you, an individual user (“you”) and TapJets, Inc. and its successors and assigns (“we” or “TapJets”) governing your use of the TapJets mobile application (the “App”), and any websites owned and/or controlled by or on behalf of TapJets (the “Websites”) (collectively, the “Service”).
BY INSTALLING OR OTHERWISE ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA AND THE TERMS OF SERVICE.
IF YOU DO NOT AGREE, YOU MAY NOT and SHOULD NOT USE THE SERVICE.
TAPJETS INC. IS CERTIFIED BY FEDERAL AVIATION ADMINISTRATION UNDER FAR SECTION 135 AS ON-DEMAND AIR CARRIER. CERTIFICATE NUMBER “4TJA”. FROM TIME TO TIME TAPJETS MAY ALLOW OTHER CERTIFIED CARRIES TO CARRY OUT THE FLIGHTS AND WHEN IT DOES OCCUR TAPJETS INC IS ACTING AS AN AGENT / BROKER FOR THESE CERTIFIED CARRIERS. IN ALL SUCH CASES YOUR FLIGHT RESERVATOIN WILL EXPLICITLY STATE THE NAME OF SUCH CARRIER PRIOR TO YOU MAKING A RESERVATION. TAPJETS TAKES EVERY REASONABLE STEP TO ENSURE THAT ALL SUCH CARRIERS ARE PROPERLY LICENSED AND THAT THEY ARE ULTIMATELY RESPONSIBLE FOR CARRYING OUT THE FLIGHT. IN CASES WHERE AFFILIATED CARRIER FAILS TO PERFORM TAPJETS WILL AT ITS OWN DISCRETION COMPLETE THE FLIGHT OR ISSUE A FULL REFUND.
Material Terms: As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:
- the App is licensed, not sold to you, and that you may use the App only as set forth in the EULA;
- the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
- the App and Service are provided “as is” without warranties of any kind and TapJets liability to you is limited;
- disputes arising hereunder will be resolved by binding arbitration. By accepting this EULA, as provided in greater detail in Section 18 of the EULA, you and TapJets are each waiving the right to a trial by jury or to participate in a class action;
- if you are using the App on an iOS-based device, you agree to and acknowledge the “Notice Regarding Apple,” below.