Tappy Terms & Conditions

Effective: September 8, 2026.

If you are visually impaired, have another disability, or need help accessing these Terms, email us at cameron@pacific.dev.

The Service is not a crisis service and is not intended for use in a medical emergency. If you are in the United States and are having thoughts of suicide or self-harm, or feel you may be a danger to yourself or others, call or text 988 (the Suicide and Crisis Lifeline), call 911, or go to the nearest emergency room. If you are outside the United States, contact your local crisis or emergency resources. Do not attempt to access emergency care through this Service.

Please note that these Terms contain an arbitration clause (Section 18). Except for certain types of disputes mentioned in that clause, you and Pacific agree that disputes relating to these Terms or your use of the Service will be resolved by mandatory binding arbitration, and you waive any right to participate in a class-action lawsuit or class-wide arbitration.

1. Agreement to these Terms

These Terms & Conditions (“Terms”) are a legally binding agreement between you (“you” or “User”) and Pacific Interactive LLC, a California limited liability company (“Pacific,” “we,” “us,” or “our”).

These Terms govern your access to and use of the Tappy mobile application titled Tappy: Sensory Fidget & Focus (the “App,” including the Apple Watch app, widgets, and related features), the website at tappy.net, and any related content, products, or services we provide in connection with Tappy (collectively, the “Service”).

By downloading, installing, accessing, or using the Service, creating in-app content, or making a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not download, install, or use the Service, and delete it from your devices.

If you are using the Service on behalf of another person (including a child for whom you are a parent or legal guardian), you represent that you have authority to bind that person to these Terms and that you accept these Terms on their behalf.

2. Who we are

Pacific Interactive LLC (“Pacific”) publishes Tappy and other apps. These Terms apply only to Tappy and tappy.net. They do not apply to Pacific’s other applications, which have their own terms. If a link inside the App or on a Pacific website points to Pacific’s general terms, these Tappy Terms control for Tappy to the extent of any conflict.

Tappy is a casual sensory fidget, entertainment, and general wellness companion. It may include haptic fidgets, a virtual character, arcade games, soundscapes, breathing guides, meditation and grounding content, mood journaling, habits, to-dos, reminders, customization, and optional Apple Health integrations. Tappy is not a clinic, not therapy, and not a medical device. The on-screen character is a game avatar, not a living being. Energy bars, hunger, expressions, self-care streaks, and similar mechanics are entertainment. Skipping a day, letting energy drop, or not finishing a quest does not harm a real creature and is not a measure of your health or worth.

3. Relationship with Apple

If you download Tappy from the Apple App Store, you also agree to Apple’s Licensed Application End User License Agreement and the App Store Terms of Use, to the extent they apply. In the event of a conflict between those Apple terms and these Terms regarding your relationship with Apple, Apple’s terms control as between you and Apple.

You and Pacific acknowledge that:

• These Terms are between you and Pacific only, not with Apple Inc. or its subsidiaries (“Apple”). Pacific, not Apple, is solely responsible for the Service and its content.
• The license granted to you is a non-transferable license to use Tappy on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple’s Media Services Terms and Conditions, except that Tappy may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
• Pacific is solely responsible for providing any maintenance and support. Apple has no obligation whatsoever to furnish any maintenance or support services for Tappy.
• Pacific is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If Tappy fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the app or in-app purchase to you. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to Tappy.
• Pacific, not Apple, is responsible for addressing any claims by you or any third party relating to Tappy or your possession and/or use of Tappy, including product-liability claims, any claim that Tappy fails to conform to legal or regulatory requirements, and claims arising under consumer-protection, privacy, or similar legislation.
• If a third party claims that Tappy or your possession and use of Tappy infringes that third party’s intellectual-property rights, Pacific, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• You represent and warrant that you are not located in a country subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
• You must comply with applicable third-party terms when using Tappy (for example, your wireless-data agreement).
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Purchases, billing, taxes, Family Sharing, subscription management, and refunds for App Store transactions are processed by Apple, not by Pacific. You must use Apple’s account tools and Apple’s refund process for those transactions. Pacific does not receive or store your full payment-card information.

Pacific’s name and mailing address for questions, complaints, or claims about Tappy are provided in Section 21.

4. Eligibility

4.1 Age

Tappy is a general-audience app that includes health and wellness topics; see its App Store listing for the current age rating. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13. Tappy has no accounts, no advertising, and no third-party analytics, and your journal, mood, and progress are stored on your device and in your own iCloud rather than on Pacific servers, so Pacific does not collect personal information from users of any age beyond what the Privacy Policy describes.

If you are under 18 (or the age of majority where you live), you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf. A child under 13 may use Tappy only on a device that a parent or guardian sets up and manages (for example through Apple Family Sharing, Screen Time, and Ask to Buy). If you are a parent or guardian, you are responsible for the minor’s use of the Service, including purchases made through your Apple ID, for deciding whether the wellness, journaling, and Apple Health features are appropriate for the child, and for managing multiplayer and Game Center visibility through Apple’s parental controls.

If we learn that we have collected personal information from a child under 13 without verifiable parental consent as required by law, we will delete it as soon as reasonably practicable.

4.2 No Tappy login

Tappy does not have its own user accounts or a Pacific login. You do not create an account with us to use the app. Optional features may use your Apple ID, iCloud, Game Center, Face ID / device passcode, notifications, or Apple Health, each of which is controlled by Apple and your device settings.

4.3 Your devices and credentials

You are responsible for the devices on which Tappy is installed, for maintaining the confidentiality of your Apple ID and device passcode, and for all activity that occurs through those credentials, including in-app purchases. Notify Apple and us promptly if you believe your Apple ID or device has been compromised.

4.4 Mobile networks and equipment

If you use Tappy on a mobile device, your wireless carrier’s data, messaging, and other fees may apply. Downloading, installing, or using some features may be prohibited or restricted by your carrier or device, and not all features (including haptics, HealthKit, iCloud, Game Center, or widgets) work on every device or OS version. You are responsible for your equipment, software, and connectivity.

5. License and restrictions

Subject to your compliance with these Terms, Pacific grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use Tappy for your own personal, non-commercial entertainment and general wellness use on devices you own or control.

This license does not transfer ownership of the Service or any content. All rights not expressly granted are reserved by Pacific and its licensors.

You agree that you will not, and will not permit others to:

• copy, modify, distribute, sell, rent, lease, or publicly display the Service or any substantial part of it, except as allowed by mandatory law;
• reverse engineer, decompile, disassemble, or attempt to extract source code, except to the limited extent that applicable law expressly permits despite this restriction;
• remove, alter, or obscure copyright, trademark, or proprietary notices;
• bypass, disable, or interfere with security, license, or access-control features, including jailbreak-only modifications intended to unlock paid features;
• use cheats, bots, automation, memory editors, or unauthorized third-party software to modify Tappy, manipulate Game Center scores, or obtain virtual items;
• use the Service for any commercial purpose (including operating Tappy in a business, arcade, or paid session) without our prior written consent;
• scrape, harvest, or mine data from the Service;
• use the Service in any way that violates law, infringes anyone’s rights, or could harm Pacific, other users, or any third party.

We may revoke this license and terminate your access if you violate these Terms.

6. Wellness, health, and safety

Tappy is for entertainment, sensory play, and general wellness only. It is not medical care, therapy, diagnosis, or a crisis service. Nothing stated, posted, or made available through the Service is intended to be, or must be taken to be, the practice of medicine or the provision of medical or mental-health care.

6.1 No professional advice

The Service may offer fidget tools, a virtual companion, breathing patterns, meditation or grounding prompts, soundscapes, mood and journal tools, habits, and similar content. That content is for informational, educational, recreational, and self-help purposes only. It is not intended to provide medical, psychiatric, psychological, therapeutic, diagnostic, or other professional advice or treatment. You should not rely on Tappy as a substitute for professional advice, diagnosis, or treatment.

6.2 Not a medical device; no clinical claims

Tappy is not a medical device and has not been cleared, approved, or licensed by the U.S. Food and Drug Administration or any other regulator to diagnose, treat, cure, or prevent any disease, disorder, or condition, whether physical or mental. Game mechanics such as energy bars, self-care streaks, quests, “insights,” and character expressions are entertainment. They are not health measurements, clinical assessments, or evidence that you are well or unwell.

6.3 No therapist or doctor relationship; no monitoring

Using Tappy does not create a doctor-patient, therapist-patient, or similar professional relationship with Pacific or any of its representatives. Pacific does not review, monitor, evaluate, or respond to your mood entries, journal text, or other user content for medical or crisis purposes. Nothing in Tappy is a substitute for calling emergency services or a crisis line.

6.4 Emergencies and crisis situations

If you believe you or someone else is experiencing a medical or mental-health emergency, call 911 (in the U.S.) or your local emergency number immediately. In the U.S., you may also call or text 988 for the Suicide & Crisis Lifeline. If you are having thoughts of suicide or self-harm, or feel that you may be a danger to yourself or others, contact those resources or a trusted person right away. Tappy does not provide emergency services, suicide prevention, or crisis intervention; it cannot dispatch help or contact anyone on your behalf. Do not rely on the Service in place of those resources.

6.5 Consult a qualified professional

Always seek the advice of a qualified healthcare professional with questions about your physical or mental health. Never disregard professional advice or delay seeking it because of something you saw or did in Tappy. If you have or suspect a medical or mental-health condition, contact a licensed provider.

6.6 Breathing exercises

Practice breathing exercises only while seated or lying down in a safe place. Do not use breathing features while driving, swimming, in water, operating machinery, or in any situation where dizziness or altered awareness could be dangerous. Stop immediately if you feel dizzy, lightheaded, short of breath, chest pain, tingling, or any other discomfort, and seek medical care if needed. People who are pregnant or who have heart, lung, blood-pressure, respiratory (including asthma or COPD), seizure, or nervous-system conditions should consult a qualified professional before using breathing features. Do not use these exercises to treat or manage any medical condition. Minors should use breathing features only with parental or guardian supervision.

6.7 Meditation, grounding, and soundscapes

Meditation, grounding, Feelscapes, and similar content are for general relaxation and well-being only. They are not a substitute for counseling or treatment. If you have a history of trauma, psychosis, seizures, or other mental-health conditions, consult your healthcare provider before use. Do not use these features where you must stay fully alert (for example, while driving).

6.8 Mood tracking and journaling

Mood tracking, journaling, and related “insights” are for personal reflection only. They are not clinical tools and are not reviewed by any healthcare professional. Charts and tags describe information you entered; they do not diagnose you or identify the causes of your feelings.

6.9 Photosensitivity, haptics, and sensory effects

Tappy includes animation, color changes, weather and lighting effects (including lightning-style flashes), fast-moving fluid and particle fidgets, and strong haptic vibration. Tappy may not be safe for some people with epilepsy, photosensitivity, vestibular disorders, or sensory sensitivities. If you have a history of seizures or light sensitivity, consult a physician before use and consider enabling your device’s Reduce Motion setting and avoiding high-intensity fidgets. Haptics can be intense; use the Reduce Haptics option in Tappy’s settings or your device’s system settings if they cause discomfort. Some fidgets optionally use your device’s camera (as a live backdrop), compass and location (to point north), or motion sensors; that use happens on your device, is at your own risk, and may be restricted by Apple or your device. Do not use Tappy while walking in traffic, driving, or in any situation where looking at your device is unsafe.

6.10 Assumption of risk

You understand the risks described in this Section 6 and agree to use the Service only when it is safe to do so. You assume full responsibility for decisions you make based on the Service. To the fullest extent permitted by law, Pacific is not liable for injury, loss, or damage arising from your use of or reliance on the Service, including breathing exercises, meditation, fidgets, haptics, or visual effects.

6.11 The Tappy character is a game

Tappy (the on-screen companion) is a fictional character created for entertainment and motivation. Feeding, tapping, dressing, sleeping, quests, energy, “hunger,” expressions, and streaks are game loops. They are not a real pet, not a dependent, and not a reflection of whether you are caring for yourself well. Pacific has no duty to keep the character “alive,” and the character cannot be neglected in any legally meaningful sense.

6.12 No monitoring; we are not a mandated reporter

Pacific does not review, screen, or monitor User Content (including mood logs and journal text) for harm, abuse, or crisis. We are not a mandated reporter, and we are under no obligation to report known or suspected child, dependent-adult, or elder abuse, or any other situation you record in the Service. If you suspect, have experienced, or have knowledge of such abuse, contact your local protective-service agency or law enforcement. If the Service ever displays potentially actionable information, it is for your own reflection and for discussion with a qualified professional only.

7. Purchases and subscriptions

7.1 Tappy Plus and other purchases

Tappy may be downloaded free of charge. Optional in-app purchases may include Tappy Plus (monthly, annual, or lifetime), a one-time “Buy Me Coffee” donation to the developer, or other items we display at the time of purchase. Purchase grants you a personal, limited, non-transferable license to access the purchased features or content inside Tappy. You do not own those features, and they have no cash value outside the Service. Family Sharing, if Apple makes it available for a particular purchase, is governed by Apple’s rules; Pacific does not separately transfer, split, or cash out licenses.

Some one-time purchases sold in earlier versions of Tappy (for example individual fidget or sound packs) are no longer offered. If you bought one, we will continue to honor it as a license to that content for as long as the content remains in the App, subject to Section 14.

The free tier of Tappy includes limits (for example on the number of habits, daily mood entries, or Daily Adventure quests) and Tappy Plus removes or raises them. Those limits and the list of Plus features are described in the App and may change over time.

7.2 Apple billing and purchase verification

Payments are charged to your Apple ID. Pricing, taxes, payment methods, and availability may change. Apple’s terms, including refund rules, apply to the transaction. Pacific does not process card payments directly and is not responsible for Apple’s billing systems. To confirm which purchases are active on your device, Tappy uses a subscription-management provider (currently RevenueCat) that receives an anonymous app-user identifier and your App Store transaction information from Apple. That provider does not receive your name, journal, mood, or Health data.

7.3 Auto-renewing subscriptions (California Automatic Renewal Law)

If you buy a monthly or annual Tappy Plus subscription:

• the subscription automatically renews at the end of each period unless you cancel at least 24 hours before the current period ends;
• your Apple ID will be charged the then-current subscription fee (plus applicable tax) within 24 hours before the start of each renewal period;
• you can cancel anytime in your device Settings: Apple ID → Subscriptions → Tappy (or the App Store subscriptions page);
• canceling stops renewal but does not refund the current period unless required by law or Apple policy; you keep access until the period ends;
• Pacific does not send a separate Pacific invoice; Apple provides purchase records.

We will present auto-renewal terms clearly before you subscribe, consistent with California Business and Professions Code sections 17600–17606 and Apple’s disclosure requirements. If required by law, we will also provide an acknowledgment of the auto-renewal terms.

7.4 “Lifetime” access

If offered, “Lifetime” or similar one-time Tappy Plus access means a license to use then-available Plus features for as long as Pacific continues to offer and reasonably support Tappy on the Apple platforms where you bought it. It is not a promise that Tappy will exist for the rest of your life, that every current or future feature will remain free or included, or that Pacific will operate the Service in perpetuity. Pacific may modify, replace, or discontinue features, SKUs, or the Service as described in Section 14. Lifetime purchases have no cash-out value.

7.5 Donations and tips

The optional “Donate” / “Buy Me Coffee” purchase is voluntary support for development. It is a payment to Pacific Interactive LLC, a for-profit company, not a charitable contribution, and it is not tax-deductible. Unless the purchase screen states otherwise, it does not unlock Tappy Plus or any other feature, it does not change the App in any way, and it is non-refundable except as required by law or Apple policy. You may make the purchase more than once.

7.6 Refunds

Digital purchases are final except where required by law or by Apple’s refund policy. Request refunds through Apple (reportaproblem.apple.com or the App Store). Pacific may, in its discretion, cooperate with Apple on bona fide duplicate or accidental charges, but is not obligated to refund amounts Apple has already decided. If we suspend or terminate your access for your violation of these Terms, you are not entitled to a refund of unused subscription time or virtual items except where the law requires otherwise.

7.7 Price changes

We may change prices for future subscription periods or new purchases. Apple typically notifies you of subscription price increases and, where required, obtains your consent. Price changes do not alter charges already processed for the current period.

7.8 Trials

If a free trial is offered, trial length and conversion to a paid subscription will be disclosed before you start. Unless you cancel before the trial ends, Apple may begin charging the subscription fee.

7.9 Promotions

From time to time we may offer promotions, discounts, or contests. Those offers may have additional rules. If those rules conflict with these Terms, the promotion rules control for that offer only.

8. Virtual items and Game Center

Energy, taps, Self-Care Streaks, Sparks, Streak Freezes, wardrobe items, badges, Daily Adventure quests and chests, leaderboards, and similar elements are virtual items licensed to you as part of the game experience. They may be modified, reset, rebalanced, or discontinued as the Service evolves. They are not currency, securities, or property you can sell or cash out. They also are not benefits you are owed if you miss a day or stop using Tappy.

Sparks are earned only by using the App (for example by caring for Tappy or completing quests) and cannot be bought with real money. Daily Adventure chest rewards are calculated from the quests you completed and your Self-Care Streak; they are not random and involve no element of chance. Tappy Plus may raise free-tier limits on quests but does not sell chests, Sparks, or randomized rewards.

Progress may be stored on your device and, if you enable iCloud, in your personal iCloud account. If you delete Tappy, lose your device, disable iCloud, or experience a sync issue, you may lose progress. Pacific is not obligated to restore lost local data.

If you use Game Center, your Game Center nickname, scores, and achievements may be visible to other Game Center users according to your Game Center settings, which Apple controls. Nearby multiplayer (for example Connect Four over your local network) shares your device’s name as set in iOS Settings and your game moves with the person you play with; same-device games share nothing. Do not share journal or health information through those channels.

9. Your content and feedback

9.1 Your content

“User Content” means material you create or store in Tappy, such as journal entries, mood logs, habit and to-do names, drawings, custom names, and similar data. You retain whatever ownership rights you already have in your User Content.

You grant Pacific a limited, worldwide, royalty-free license to store, back up, sync, and display User Content solely to the extent needed to operate the Service for you on your devices and, if you enable iCloud, in your personal iCloud account (via Apple’s CloudKit). Pacific does not have access to your journal, mood, habit, or drawing content, does not upload it to Pacific servers, and does not claim any right to sell it, use it to train or improve products, or use it in advertising. This license ends when you delete the applicable content or the Service, except for residual copies in your own backups that are overwritten in the ordinary course, or where retention is required by law.

You are solely responsible for User Content. Do not store illegal content in the Service. Pacific does not undertake to monitor User Content and has no duty to act on it. Journal entries, mood logs, habits, drawings, and similar in-app writing are stored on your device and, if you enable iCloud, in your personal iCloud account so they can sync for you. Pacific does not operate a public community feed and does not upload that writing to Pacific servers for other users to see. If you choose to share that content outside the app (for example by exporting your mood journal as a CSV file, sharing a drawing image, emailing us, or posting a screenshot elsewhere), that shared material is User Content you chose to disclose, and Pacific is not responsible for what recipients do with it.

9.2 Feedback

If you send ideas, suggestions, or feedback, you grant Pacific a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use that feedback for any purpose without compensation or credit. Do not submit anything you do not want used that way.

9.3 Usage data

Tappy does not contain third-party analytics or advertising software. Pacific may receive aggregated, anonymized usage statistics and crash reports from Apple if you have chosen to share analytics with app developers in your iOS settings, and subscription statistics from our subscription-management provider (Section 7.2). You authorize Pacific to use that information to operate and improve Tappy in accordance with applicable law and our Privacy Policy. We do not use HealthKit data or the contents of your journal for advertising or for any purpose other than providing the features you turn on.

10. Acceptable use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not:

• harass, threaten, or harm others in multiplayer or any communication feature;
• upload or transmit malware, or attack our or Apple’s systems;
• interfere with other users’ enjoyment of the Service;
• infringe intellectual-property or privacy rights;
• attempt to gain unauthorized access to Pacific systems, other users’ data, or paid features;
• misrepresent that Tappy is a medical or clinical product, or use Tappy to provide professional health services to others.

We may investigate suspected abuse and suspend access as described in Section 14. We are not obligated to monitor the Service.

11. Privacy, HealthKit, and deletion

Our collection and use of information is described in the Tappy Privacy Policy at tappy.net/privacy, which is also linked inside the App. By using the Service, you consent to that policy.

Apple Health integration is off by default. If you turn it on, Tappy writes mindful-minutes sessions and, with Tappy Plus, State of Mind entries to the Health app on your device under Apple’s rules. Tappy asks for read permission only so that it can find and delete samples Tappy itself created when you delete the matching entry in Tappy; it does not read your other Health data to build insights or for any other purpose. Pacific does not sell HealthKit data, does not use it for advertising or data mining, and does not transmit it to Pacific servers. You can revoke Health access at any time in iOS Settings. HealthKit data is never used for marketing.

Other device permissions Tappy may ask for are used on your device only, for example: the camera (a live backdrop for a fidget; nothing is captured or saved), location and compass (compass fidget), motion sensors (physics fidgets), local network (nearby multiplayer), Face ID (journal lock), and notifications (local reminders you set, plus silent iCloud sync). Each permission prompt and the Privacy Policy describe what a permission is used for. You can deny or revoke each of them in iOS Settings; the related feature will then be unavailable.

Journal lock (Face ID / passcode) is an on-device convenience feature that is off by default. You are responsible for enabling it if you want extra protection on a shared device.

11.1 Exporting and deleting your data

Tappy does not have user accounts with Pacific. Mood, journal, habits, progress, and similar User Content live on your device and, if you turn on iCloud, in your personal iCloud. Pacific does not keep a separate copy of that content on Pacific servers that we can look up by your name. You can export your mood journal as a CSV file from within the App at any time.

To delete that content, delete the Tappy app from your devices and, if you use iCloud, delete Tappy’s data from iCloud (or turn off iCloud for the app) using Apple’s settings. Deleting the app may not cancel a subscription; cancel Tappy Plus in your Apple ID settings as described in Section 7. HealthKit samples Tappy wrote can be deleted in the Health app or by revoking Tappy’s access. Game Center scores and achievements are held by Apple and are managed through your Apple ID.

If you emailed us or otherwise sent information to Pacific (for example a support request), or you want the anonymous purchase record held by our subscription-management provider deleted, email cameron@pacific.dev. We will delete or anonymize that information except where we must keep it for legal, security, or accounting reasons (for example App Store transaction records Apple already has). Deleting the purchase record may make it harder to restore Tappy Plus on a new device; you can still restore through Apple.

12. Third party services

The Service relies on or links to third parties, including Apple (App Store, StoreKit, iCloud and CloudKit, HealthKit, Game Center, notifications, and local-network multiplayer frameworks), our subscription-management provider (currently RevenueCat), haptic, animation, audio, and font licensors, and open-source software components. Pacific does not control third-party services and is not responsible for their content, availability, or terms. Your use of those services is at your own risk and may be subject to their own terms and privacy policies. Open-source license notices are available on request.

If Tappy displays a link to an external site, that is not an endorsement. These Terms do not apply once you leave the Service.

13. Intellectual property

The Service—including software, characters (including Tappy), art, animation, audio, haptics, layout, text, trademarks, and logos—is owned by Pacific or its licensors and protected by United States and international intellectual-property laws. Tappy, the Tappy character, Feelscapes, and related marks are trademarks of Pacific Interactive LLC. You receive no rights in our marks except a limited right to use the app as licensed.

You may not use Pacific or Tappy names or logos in advertising, metatags, or a manner that suggests sponsorship, without prior written permission.

Unauthorized use may terminate your license and may violate copyright, trademark, and other laws. Pacific reserves all rights not expressly granted, including the right to seek injunctive relief to stop unauthorized use.

14. Changes and termination

14.1 Changes to the Service

We may add, change, or remove features, content, catalogs, prices, or platforms. We do not guarantee that any particular fidget, meditation, quest, item, or integration will remain available. Some content, announcements, wardrobe drops, and promotions are delivered remotely and may appear, change, or expire without an App update. We may also require you to install the latest version of Tappy from the App Store to continue using it, for example to fix a security or compatibility problem. Temporary interruptions (maintenance, Apple outages, force majeure) may occur.

14.2 Changes to these Terms

We may update these Terms. We will revise the “Effective” date and post the new Terms at www.tappy.net/terms. For material changes, we will use reasonable efforts to provide additional notice, and we may ask you to review and accept the updated Terms inside the App before you continue using it. Except where a longer notice period is required by law (including California auto-renewal rules for subscription terms), accepting the updated Terms in the App, or continuing to use the Service after the effective date, constitutes acceptance. If you do not agree, stop using the Service and delete the app. Changes will not apply retroactively to disputes that arose before the updated Terms were posted.

14.3 Termination by you

You may stop using Tappy at any time by deleting the app. Deleting the app does not cancel an Apple subscription; you must cancel in your Apple ID settings. Local data may be deleted with the app unless it is stored in your iCloud.

14.4 Termination by us

We may suspend or terminate access, or discontinue Tappy, at any time if you violate these Terms, if we reasonably believe your use creates legal or safety risk, if we discontinue the product, or as otherwise permitted by law. We will use reasonable efforts to provide notice where practicable. Upon termination, your license ends and you must stop using the Service. Sections that by their nature should survive (including 6, 7, 9.2, 9.3, 11, 13, and 15–20) will survive.

15. Warranties and disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. PACIFIC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Service will meet your expectations, be uninterrupted, secure, or error-free, that defects will be corrected, or that Tappy will produce any particular wellness, focus, sensory, or emotional outcome. No advice or information, whether oral or written, creates any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, warranties are limited to the shortest period and fullest extent permitted by law. Nothing in these Terms limits any non-waivable warranty or remedy you may have under California’s consumer-protection laws, including the Consumers Legal Remedies Act, to the extent those rights cannot be waived.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PACIFIC AND ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST GOODWILL, DEVICE DAMAGE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PACIFIC’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO PACIFIC (VIA APPLE) FOR TAPPY PLUS OR OTHER TAPPY IN-APP PURCHASES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). IF YOU HAVE NEVER PAID, THE CAP IS FIFTY U.S. DOLLARS (US $50).

These limitations are a fundamental part of the bargain and apply even if a remedy fails of its essential purpose.

Some places do not allow certain limitations, including for personal injury caused by negligence. In those cases, Pacific’s liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, willful misconduct, or any liability that cannot legally be limited.

16.1 Release of unknown claims (California Civil Code section 1542)

To the extent you release Pacific from claims under these Terms, that release is intended to be as broad as permitted by law. You acknowledge California Civil Code section 1542, which states:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

You waive the protections of section 1542 and any similar law, to the extent such a waiver is permitted. This waiver does not apply to claims that cannot be released in advance under applicable law.

16.2 Time limit to bring claims

To the extent permitted by law, any claim arising out of or related to the Service or these Terms must be filed within one (1) year after the claim accrued, or it is permanently barred. This does not shorten any period that cannot legally be shortened, including certain California consumer claims.

17. Indemnification

You agree to defend, indemnify, and hold harmless Pacific Interactive LLC and its members, officers, employees, contractors, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms or of law; or (d) your infringement of a third party’s rights. We may assume exclusive defense of any matter subject to indemnification, at our expense, and you will cooperate. This duty survives termination.

18. Dispute resolution

Please read this section carefully. It affects your legal rights, including your right to a jury trial and to participate in a class action, except where you opt out or the law does not allow it.

18.1 Informal resolution

Before filing a claim, you agree to email cameron@pacific.dev with a brief description of the dispute and the relief you want, and to try in good faith to resolve it for 30 days. We will do the same if we have a dispute with you.

18.2 Binding arbitration

Except for the exceptions below, you and Pacific agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved by final and binding individual arbitration, not in court. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration will be in English, before a single arbitrator. For claims of US $10,000 or less, the arbitration may proceed on documents only or by phone/video unless the arbitrator finds a hearing is necessary. Any in-person hearing will be in San Francisco County, California, or another mutually agreed location reasonably convenient for you, or as the AAA rules provide.

Filing, administrative, and arbitrator fees will follow the AAA Consumer Rules. We will pay those fees to the extent the rules require the company to do so for a consumer dispute. Each party bears its own attorneys’ fees unless the arbitrator awards them under applicable law or finds a claim was frivolous.

18.3 Exceptions

Either party may bring an individual action in small-claims court. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual-property or unauthorized-use claims. This arbitration agreement does not prevent you from bringing issues to the attention of federal, state, or local agencies (including the California Department of Consumer Affairs).

18.4 Class-action and jury waiver

YOU AND PACIFIC AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. YOU AND PACIFIC WAIVE ANY RIGHT TO A JURY TRIAL TO THE EXTENT A DISPUTE IS LITIGATED IN COURT. If the class waiver is found unenforceable as to a particular claim, then that claim (and only that claim) may proceed in court, and the rest of this Section 18 still applies, unless the unenforceable portion is solely a claim for public injunctive relief, in which case that claim may proceed as required by law.

18.5 Coordinated filings

If twenty-five (25) or more arbitration demands raising similar claims are filed against Pacific by or with the assistance of the same or coordinated counsel, the AAA’s Mass Arbitration Supplementary Rules (or any successor rules) will apply, and you and Pacific agree that the demands will be administered in staged batches so that a representative set of cases proceeds first and the remaining demands are held, with their filing and administrative fees deferred, until those cases conclude and the parties have had a chance to resolve the rest. Any applicable statute of limitations is tolled for a demand from the time it is filed until it proceeds. The parties will cooperate in good faith to make this process efficient and fair.

18.6 Opt out

You may opt out of arbitration by emailing cameron@pacific.dev with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. If you opt out, the rest of these Terms, including Section 18.8 (governing law and venue), still applies.

18.7 Changes to this arbitration agreement

If we change this Section 18 while you are a user of the Service (other than a change to our notice address or email), you may reject the change by emailing cameron@pacific.dev within thirty (30) days of the change, with the subject line “Arbitration Change Rejection.” If you reject the change, you agree to arbitrate any dispute between us under this Section 18 as it existed on the date you first accepted these Terms (or last accepted a change you did not reject).

18.8 Governing law and venue

These Terms and any Dispute are governed by the laws of the State of California, USA, excluding conflict-of-law rules, and (where applicable) United States federal law. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

If a Dispute is not subject to arbitration, you and Pacific consent to exclusive jurisdiction and venue in the state or federal courts located in San Francisco County, California, except that consumers who by law cannot be required to litigate in California may use courts that the law permits.

If you are a consumer in a jurisdiction (including certain countries outside the U.S.) that grants you a non-waivable right to bring claims in your home courts or under local consumer law, we do not seek to deprive you of that right.

19. California consumer notices

19.1 California Civil Code section 1789.3

Under California Civil Code section 1789.3, California users are entitled to the following consumer-rights notice:

The provider of the Service is Pacific Interactive LLC, 548 Market St, PMB 797753, San Francisco, CA 94104, USA. Pacific does not maintain a public telephone number. Questions, complaints, or requests for further information about the Service may be emailed to cameron@pacific.dev.

Tappy may be downloaded free of charge. Optional charges (including Tappy Plus and tips) are billed by Apple at the prices shown at the time of purchase, plus applicable tax, as described in Section 7. Pacific does not impose a separate access fee to use the website at tappy.net.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD).

19.2 California Consumers Legal Remedies Act (CLRA) notice

If you are a California consumer and intend to bring a claim under the CLRA, to the extent a pre-suit notice is required, you must first send a written notice to Pacific Interactive LLC, 548 Market St, PMB 797753, San Francisco, CA 94104, with a copy by email to cameron@pacific.dev, describing the claim in reasonable detail and the relief sought, at least thirty (30) days before filing suit for damages. We may then attempt to cure. This notice procedure does not apply where the law does not require it, and it does not limit any non-waivable CLRA right.

19.3 Other California rights

California residents may have additional privacy rights under the CCPA/CPRA, which are described in our Privacy Policy. We do not sell personal information for money. Non-waivable rights under California law remain intact.

20. General

• Entire agreement. These Terms, the Privacy Policy, and any additional in-app disclosures (including breathing or wellness acknowledgements you accept) are the entire agreement between you and Pacific about the Service and supersede prior agreements on that subject, including any general Pacific terms to the extent they conflict with these Terms as applied to Tappy.
• Severability. If a provision is unenforceable, it will be modified to the minimum extent needed to make it enforceable, or severed, and the rest remains in effect. Section 18.4 has its own severability rule.
• No waiver. Our failure to enforce a provision is not a waiver. Waivers must be in writing.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, sale of assets, reorganization, or by operation of law.
• Force majeure. Pacific is not liable for delay or failure caused by events beyond its reasonable control, including Apple platform changes, labor disputes, internet or utility failures, natural disasters, war, or epidemics.
• Export. You will comply with U.S. export-control and sanctions laws and will not use the Service if you are prohibited from doing so.
• English. These Terms are written in English. Translations, if any, are for convenience only.
• Headings. Headings are for convenience only.
• Notices. We may provide notices by posting to tappy.net/terms, in the App, or by email if you have contacted us. You agree that electronic notices satisfy any legal requirement that a communication be in writing. You may send notices to us at the address in Section 21.
• Electronic contracting. You agree that downloading, installing, or using the Service, tapping “Agree,” or completing an App Store purchase is an electronic signature and is as legally binding as a handwritten signature.
• No third-party beneficiaries. Except for Apple as described in Section 3, these Terms do not create any third-party beneficiary rights.
• Government users. The Service is a “commercial item” as defined in 48 C.F.R. 2.101. If acquired by a U.S. government entity, rights are limited to those in these Terms.

21. Contact

Pacific Interactive LLC
548 Market St, PMB 797753
San Francisco, CA 94104 USA

Email: cameron@pacific.dev
Website: www.pacific.dev · www.tappy.net