1. CONTRACTUAL INFORMATION
These TERMS AND CONDITIONS OF CONTRACT form the entire contract regulating the conditions of contracting the services reported at https://monkeytaps.app/ and the related domains https://monkeytaps.net/; https://motivation.app; https://iamaffirmations.app/; https://monkeytaps.notion.site/
c9056 (hereinafter "Website") which are offered through the applications mentioned therein (hereinafter "APPS").
These services consist of providing USERS, in a simple and quick manner and with the frequency they choose, through mobile applications, access to various content, such as motivational phrases, daily affirmations, jokes, vocabulary, curiosities and other information of general interest (hereinafter the "SERVICES").
Access to the Website or its use by the USER, as well as the contracting of services offered in the APPS, necessarily implies, without reservation, knowledge and acceptance of these CONTRACTING CONDITIONS; therefore, it is recommended that you read them carefully before formalising the contracting of the services offered in the APPS.
Acceptance of this document implies that the USER:
-You have read, understand and comprehend the above.
-A person with sufficient capacity to contract.
-It assumes all the obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the APPS.
Monkey Taps informs that it reserves the right to unilaterally modify these conditions, without affecting the terms and conditions that were implemented prior to the modification. The USER is responsible for consulting them each time he/she contracts the services.
2. PARTY OFFERING THE SERVICES
The ownership of the Website and the APPS and the company responsible for the services offered therein is the company Monkey Taps LLC, with TIN number L21000232617, (hereinafter Monkey Taps) with registered office at 1000 Brickell Ave Ste 715 33131 - Miami - Florida (hereinafter "Monkey Taps").
Contact information: firstname.lastname@example.org.
For all questions that the USER may have in relation to the TERMS AND CONDITIONS OF CONTRACT he/she can contact Monkey Taps using the contact details provided above or, where appropriate, using the various contact methods available on the Website or APPS.
3. PARTY REQUESTING SERVICES
The contracting of the SERVICES offered by Monkey Taps will only be carried out through the APPS, therefore, it can be carried out by the USER who has downloaded and used the APPS that are available for free in Google Play Store (Android) and Apple Store (IOS) (hereinafter "application shops") which can also be accessed through the various links available on the website (https://monkeytaps.app/).
The USER declares to be over 18 years of age and to have the legal capacity to enter into contracts through the APPS. Please, if you detect or become aware that a minor has contracted any of the services offered on the APPS, please notify us at the following email email@example.com as soon as possible so that we can take the appropriate measures.
The USER will be able to formalize, at his/her choice, with Monkey Taps the contracting of the desired services in any of the languages in which the present CONTRACTING CONDITIONS are available in the APPS. In case of disagreement between the text of these conditions and any translation of the same, the Spanish version will prevail in any case.
4. OBJECT OF THE CONTRACT
The purpose of this contract is to regulate the contractual relationship between Monkey Taps and the USER and/or conditions of contracting the SERVICES, from the moment the latter accepts during the online contracting process by checking the corresponding box.
The contractual relationship entails the delivery and/or access, in exchange for a determined price and publicly displayed through the APPS and the app shops, of the SERVICES available in the APPS, namely, but not limited to:
-Sending and accessing, via the application, motivational phrases ("Motivation - Daily phrases").
-Sending and accessing, via the application, daily affirmations ("I am - Positive Affirmations")
-Sending and accessing, via the application, jokes and pranks ("Laugh My App Off (LMAO)")
-Sending and accessing vocabulary through the application ("Vocabulary - Learn fresh words").
-Sending and accessing, through the application, curiosities and other data of general interest ("Daily Random Facts").
5. WHO IS A USER AND/OR CONSUMER?
The contracting of the SERVICES can be carried out by any natural person after downloading the APPS through the Google Play Store (Android) or App Store (IOS).
These conditions shall apply to the USER, as well as the conditions that each of the application shops have and all those related to the regulations for the defence and protection of consumers and USERS.
6. CONTRACTING PROCEDURE HOW TO CONTRACT?
In order to contract the SERVICES offered in the APPS, the USER must be of legal age and register in one of the application shops where the APPS are available (Google Play Store or App Store).
The USER may then use the search engine of said application shops to find the APPS he/she wants and proceed to download them to his/her device. The download can also be accessed through the links available on the Website that redirect to the aforementioned application shops.
Once the application has been downloaded, when starting it for the first time, the USER will be asked to answer, optionally, some questions related to general data linked to the application he/she has chosen.
All this information can then be modified at any time and at the USER's choice through the corresponding configuration panel available in each of the APPS.
Once the basic questions have been completed, the USER has a free version with limited content with which he/she can use the applications to check if they are suitable for what he/she wants.
In order to enjoy all the content of the selected application, the USER may choose to subscribe to the Premium version, through the different payment plans available (monthly, annual or lifetime) which may be paid for through the various payment options offered by the application shops (credit or debit card, PayPal, etc.) depending on the device used by the USER to download the application.
Therefore, the USER must be familiar with the terms and conditions of contract that each of the aforementioned download platforms makes available in the following links:
-Google Play Store (https://play.google.com/intl/es-419_es/about/play-terms/index.html)
-App Store (https://www.apple.com/legal/ internet-services/itunes/es/terms.html)
As well as the terms and conditions of the payment options offered by each of these app shops:
-Google Play Store via Google Pay/Google Payments service: (https://payments.google.com/
payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos&ldr=es and (https://payments.google.com/
-App Store via Apple Pay: (https://www.apple.com/legal/
7. PRICE AND PERIOD OF VALIDITY OF THE OFFER
Monkey Taps will inform the USER prior to contracting the service, through the virtual shop and in the APPS themselves, the price of the available SERVICES as well as whether the amount corresponding to VAT should be applied to said price.
These prices, unless expressly stated otherwise, do not include communication costs, or any other additional and ancillary services to the service purchased.
The prices applicable to each service are those published in the APPS and will be expressed in EURO and/or DOLLAR currency.
The USER assumes that the economic valuation of some of the SERVICES may vary in real time without affecting those services already contracted.
Before making your purchase, you will be able to check online all the details of the quotation: services, quantities, price, charges, discounts, taxes and the total amount of the purchase. Prices may change daily until the order is placed.
1. Choice of service
In the event that the USER has opted for paid services, he/she may choose the tariff that best suits his/her needs and, for this purpose, he/she may choose from the following tariffs offered by Monkey Taps through its APPS:
2. Payment methods and security
The USER may pay for their order using any of the options offered by the app shops (credit or debit card, PayPal, etc.). Accordingly, we do not have access to any payment information and therefore do not store such information.
The terms and conditions of the payment options offered by Google Play Store through the Google Pay/Google Payments service are governed by the following terms of service (https://payments.google.com/
payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos&ldr=es) and privacy (https://payments.google.com/
The terms and conditions of the payment options offered by the App Store through the Apple Pay service are governed by the following terms and conditions of service and privacy https://www.apple.com/legal/
7.3 Applicable taxes
All prices offered will be final prices, however, they may vary depending on the offers and/or discounts associated with each service from time to time. Where appropriate, the USER will be duly informed of any alteration in the price that may exist, and always prior to contracting.
Unless a different amount is specified at the time of contracting, the total price for each of the types of service contracted may vary depending on the VAT applicable to the USER purchaser, the purchaser being understood to be the natural person who acquires or contracts any of the services through the Monkey Taps APPS.
For the accrual of the taxes to be applied, the domicile or habitual residence of the recipient of the electronic service provision shall be considered.
Monkey Taps informs the USER that at all times and prior to contracting the service, he/she will be informed through the platform about the amount corresponding to said VAT, if applicable, and that this will be reflected in the contracting summary and/or particular conditions that will be sent to him/her.
7.4 Price changes
The USER is informed that Monkey Taps reserves the right to modify prices at any time.
When you purchase a subscription, you will initially be charged the rate that applies at the time you choose to subscribe. In the event that the subscription price increases at a later date, Monkey Taps will notify you. This increase will be applied to the next payment due after you have received notice, provided that you have given at least 30 days' notice before the charge is applied. If less than 30 days' notice is given, the price increase will be applied to the next payment after the next payment due.
If you do not wish to take up the price increase for a subscription, you may cancel your subscription by following the procedure described in the Cancellations section of these Terms; no further charges will apply to you, provided that you notify us of the cancellation before the end of the current billing period. If you cancel and decide to re-subscribe at a later date, you will be charged the price in effect at the time you re-subscribe.
Once the payment has been effectively made, the corresponding invoice or proof of purchase will be issued, which will contain the information corresponding to the service that the USER has contracted.
Any payment made to Monkey Taps entails the issuance of an invoice in the name of the USER that the USER has informed at the time of placing the order. This invoice will be sent in PDF to the email address provided by the USER, as long as they have given their express consent to do so, informing them that they may revoke this consent at any time by notifying Monkey Taps by any of the means made available to them.
Likewise, the USER will be able to access the receipts and purchase history and purchase details in each of the app shops. To access it you can find out how to do it in the following links:
-App Store: https://support.apple.com/eses/
-Google Play Store: https://support.google.com/store/
The USER is also informed that the communications, purchase orders and payments involved in the transactions carried out on the APPS may be filed and kept in the computerised records of Monkey Taps in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the applicable laws and regulations in force, particularly those related to consumer protection and personal data protection.
8. DURATION OF SERVICE
The duration of the service will always be for the period selected by the USER and will also be paid according to the form and modality chosen.
By subscribing, the USER obtains access to the content of the SERVICES on an ongoing basis, unless the USER cancels the subscription. Subscriptions are automatically charged at the beginning of each billing period (monthly, annual or lifetime); if you have opted for a lifetime subscription, the charge will be made only once. In all cases the charge will be made no more than 24 hours before the start of each billing period.
Trial period. When you subscribe to paid content you will be given a three-day trial period to enjoy the benefits of the subscription at no charge. After that time, you will be charged for the subscription until you cancel it and, to avoid such charges, you must cancel the subscription before the end of the trial period. Once the trial period is cancelled, you will immediately lose access to the content and privileges of the subscription.
Cancellations. A subscription may be cancelled at any time during the applicable billing period. The cancellation will be applied and become effective as of the next billing period. For example, if you purchase a monthly subscription, you may cancel it during any month, at any time. The cancellation of the subscription will be effective at the end of the then-current billing period.
9. RIGHT OF WITHDRAWAL
Current legislation grants USERS an automatic right of withdrawal from contracts for the purchase and/or subscription to digital content. However, the services provided by Monkey Taps begin their full execution from the moment the USER makes the payment through the chosen app shop and automatically accesses the content of the SERVICES; therefore, it is not possible to apply said right of withdrawal. In this sense, the USER accepts the aforementioned regarding the right of withdrawal.
10. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure.
11. GENERAL INFORMATION ABOUT THE OFFER
All sales made by Monkey Taps are subject to these TERMS AND CONDITIONS OF CONTRACT.
No modification, alteration or covenant contrary to the Monkey Taps Commercial Proposal or the provisions hereof shall be effective unless expressly agreed to by Monkey Taps, in which case these particular covenants shall prevail.
Monkey Taps reserves the right to change its specifications with regard to the information provided in its advertising, insofar as this does not affect the value of the services offered, due to continuous technical developments and improvements of the services. These changes shall also apply in the event that, for whatever reason, the possibility of supplying the services offered should be affected.
12. GUARANTEE OF SERVICES
All SERVICES offered in the APPS by Monkey Taps are certified and guaranteed.
The SERVICES offered shall be deemed to be in accordance with the TERMS AND CONDITIONS OF CONTRACT provided that they comply with all the requirements set out below:
-Conform to the description provided by Monkey Taps and possess the qualities that Monkey Taps has presented to the USER in the form of a sample or model.
-Are suitable for the uses to which the SERVICES offered of the same type are normally put.Are suitable for any special use required by the USER when brought to the attention of Monkey Taps, provided that Monkey Taps has agreed that the SERVICE is suitable for such use.
-They are of the usual quality and performance of a SERVICE of the same type that the USER can expect, considering the nature of the SERVICE.
In the event that it is proven that the SERVICE does not comply with the established specifications, Monkey Taps will proceed, where appropriate, to repair, replace, reduce the price or terminate the contract at no cost to the USER.
13. USER RESPONSIBILITIES
USERS must comply with the following obligations:
-The USER must make good use of the APPS and services offered by Monkey Taps without contravening current legislation or harming the rights and interests of third parties.
-The USER must guarantee that the data provided at the time of registration in the virtual shops are correct, truthful and accurate, exempting Monkey Taps from any liability that may arise from errors in the data.
-The USER must be of legal age depending on the territory where he/she resides.
-The USER must properly comply with the SPECIFIC CONDITIONS applicable to the SERVICES offered by Monkey Taps.
-The USER is also responsible for the use of his USER profile and password to access the app shops and must undertake to use it with due diligence. In the event of loss, theft or possible access by an unauthorised third party, you must immediately notify the app shops so that they can proceed accordingly.
-Only the contracting USER may use the SERVICES offered by Monkey Taps and may not make them available to third parties.
-The USER may not misuse the SERVICES offered by Monkey Taps in any way.
Failure to comply with any of these conditions may result in the immediate withdrawal or cancellation of the SERVICES by Monkey Taps without entitling the USER to claim any compensation.
14. RESPONSIBILITIES OF THE PROVIDER MONKEY TAPS
Monkey Taps will be responsible for:
-To provide the service in the manner and according to the characteristics offered through the APPS and the provisions of these TERMS AND CONDITIONS OF CONTRACT in accordance with the SERVICES contracted by each USER.
- Adopt the appropriate security measures, protecting the confidentiality of the data of its USERS in accordance with the provisions of this text and other applicable legal policies with the greatest possible diligence.
-If problems arise that are solely and exclusively attributable to Monkey Taps systems, Monkey Taps undertakes to do everything possible to solve them as efficiently as possible, collaborating in everything necessary so that the USER can benefit from a quick solution to the incident.
-It shall also be responsible for complying with the provisions of the SPECIFIC CONDITIONS of each contracted SERVICE.
15. LIMITS TO THE LIABILITY OF MONKEY TAPS
By way of example, Monkey Taps, will not be liable in any case in the event of:
-Monkey Taps is not liable for damages to the SERVICES offered that may result from misuse of the SERVICES offered, as well as for acts or omissions of the USER that are not in accordance with the specifications of each SERVICE or for damages caused by third parties that are not connected to Monkey Taps.
-Misuse or abuse by the USER of the information obtained through the services contracted with Monkey Taps.
-Damages or losses that have occurred as a result of the use of the information extracted from the services offered by Monkey Taps.
-Errors, failures or anomalies that may occur due to incidents resulting from actions attributable to the USER, problems in the Internet networks, fortuitous causes or force majeure or any other unforeseeable contingency beyond the good faith of Monkey Taps.
-Errors or damages caused by negligence or bad faith in the use of the SERVICE by the USER.
-The non-operability or problems in the e-mail address provided by the USER for sending the documentation, as well as the consequences that may arise from this.
-In the failures and incidents that may occur in communications, deletion or incomplete transmissions that may be caused as a result of network failures or other situations for which Monkey Taps is not directly responsible, Monkey Taps cannot assume responsibility for this nor guarantee that the services of the APPS are constantly operational, being exempt from any damage that this may cause.
-For the production of any type of damage that the USER or third parties may cause to the website and the APPS.
-In no case Monkey Taps will be responsible for data processing that has not been previously informed or for which the pertinent measures have not been adopted when the person responsible for said processing is a third party; that is, when Monkey Taps acts as a Data Processor, although it must comply with its own obligations and responsibilities by virtue of the provisions of the applicable regulations in relation to data protection.
Monkey Taps may, without prior notice, suspend or terminate the USER's access to its SERVICES, in whole or in part, for any valid reason, including, without limitation, where the USER fails to comply with or follow any of the obligations set forth herein or any applicable law, license, regulation, directive, code of practice or usage policy.
Likewise, and in accordance with current legislation, it is hereby stated that Monkey Taps, even if it is not responsible for any damage that may have been caused to third parties, will collaborate and notify the competent authority of this type of incident as soon as it has reliable knowledge that the damage caused may constitute illegal activity.
16. CONTRACT, COMMUNICATIONS AND NOTIFICATIONS
These Terms and Conditions and any document expressly referred to in these clauses constitute the entire agreement between the USER and Monkey Taps in relation to the subject matter of the contract and supersede any prior covenant, agreement or promise made by the same parties.
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted.
If any provision of these terms and conditions shall be deemed invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, and shall not be affected or modified in any way.
The USER declares that he/she has read, understands and accepts these TERMS AND CONDITIONS OF CONTRACT in their entirety.
The USER and Monkey Taps acknowledge that they have consented to the conclusion of a contract without having relied on any representations or promises made by the other party, except as expressly mentioned in these TERMS AND CONDITIONS OF CONTRACT.
The USER accepts that communication with Monkey Taps will be electronic (e-mail or notices posted on the Website).
For contractual purposes, the USER consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically by Monkey Taps comply with the legal requirements of being in writing. This condition shall not affect the USER's statutory rights.
17. APPLICABLE LAW AND JURISDICTION
For any question or divergence that may arise regarding the APPS, contents and contracted SERVICES, the USER and Monkey Taps expressly submit themselves to the applicable regulations and/or jurisdiction that corresponds, depending on the condition that the USER has:
In the case of professional USERS and/or entities, both parties submit to the laws and jurisdiction of the State of Florida (United States).
In the case of individual USERS, they will have to resolve their disputes in accordance with the applicable law and jurisdiction of the particular USER's country.
Specifically, in the case of USERS resident in the European Union, and in the case of a legal dispute in consumer matters, in accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/.
In case of providing Monkey Taps with personal data of third parties necessary for the provision of services, the user declares that he/she has previously obtained their express consent to transfer them to Monkey Taps.