KlapUp Terms of Service

Welcome to KlapUp. KlapUp is an app that makes it easy to send compliments to your friends by voting for them to win awesome titles each week. We hope KlapUp reminds you that there are people who love and admire you.

These Terms of Service (the “Terms”) govern your access to and use of our app, website, and other tools (collectively, “KlapUp” or the “Service” or “Services”). Every time you access or use KlapUp, you agree to be bound by these Terms and any additional terms that apply to you. If you do not agree, please stop using KlapUp. KlapUp is owned and developed by Omyteq Agency (“Company,” “we,” or “us”). “You” and “your” mean you as the user of the Services.

We also have a Privacy Policy describing what information we collect and how we use it. Please read it carefully, because it forms part of these Terms.

1. Age and Legal Capacity

You represent that you are at least 13 years of age and possess the legal capacity to accept these Terms. No one under 13 may use KlapUp. If you are old enough to use KlapUp but not old enough to consent to contracts in your jurisdiction, your parent or guardian must agree to these Terms on your behalf. If you are a parent or guardian and allow your teenager to use the Services, these Terms also apply to you and you are responsible for your teenager’s activity on KlapUp.

If you reside in the European Economic Area (“EEA”), you may only use KlapUp if you are above the legal age to consent to data processing in your country or if verifiable parental consent has been provided.

2. Accounts and Software Updates

When you create a KlapUp account, you agree that the information you provide is accurate and complete. We may refuse access if we learn that information you provided is inaccurate. You can stop using the Services at any time and delete your account by tapping Profile › Profile settings › Delete my account.

KlapUp may download software to your device. You agree that we may automatically update that software and that these Terms and our policies apply to any updates.

3. Your License to Use KlapUp

The Services, their “look and feel,” proprietary content, and the software and other technology used to provide them are protected by intellectual-property laws. The Company and its licensors own all rights, title, and interest in the Services. You agree not to take any action inconsistent with those ownership interests.

The KlapUp name and logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Unauthorized use is strictly prohibited.

Some Services allow you to download client software. As long as you comply with these Terms, we grant you a worldwide, non-exclusive, personal, non-assignable, revocable license to download, install, and run that software solely to access our Services.

You may not:

• copy, modify, create derivative works of, distribute, sell, lease, or sublicense any of our software or Services;
• reverse engineer or decompile the software or Services, attempt to do so, or assist anyone else in doing so, unless permitted by law or with our written consent.

4. You Own What You Post

Photos, comments, links, and other content you post are “User Content.” You retain all rights in, and are solely responsible for, the User Content you post on KlapUp.

While User Content belongs to you, you grant KlapUp and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content for the purpose of operating and providing KlapUp.

We may remove or modify User Content, or change how it’s used, if we believe it violates these Terms or our policies.

Content you share with others may continue to exist even if you leave KlapUp. We may back up and retain your User Content after you terminate or deactivate your account, and other users may retain content you have shared.

5. Links to Third-Party Sites

KlapUp may allow you to post links to third-party websites, information, materials, products, or services. We don’t control or endorse third-party links and aren’t responsible for them. If you access any third-party site, service, or content via KlapUp, you do so at your own risk.

6. Feedback

We love hearing ways to make KlapUp better. If you send feedback or suggestions, you grant us a non-exclusive, perpetual, irrevocable, transferable, sublicensable license to use them without restriction, attribution, or compensation.

7. Keeping Your Account Secure

We employ security measures, but we can’t guarantee your account won’t be compromised. Keep your SMS authentication code to yourself and tell us immediately about any unauthorized use of your account.

8. Conditions of Access and Use

8.1 User Conduct

You are solely responsible for all content you upload, post, email, or otherwise make available (“content”) via the Service. The following are examples of content or uses that are illegal or prohibited. We reserve the right to investigate and take action—including removing content, suspending accounts, and reporting to law enforcement—against anyone who, in our sole discretion, violates this provision. You agree not to use the Service to:

1. upload any content that (i) infringes intellectual-property rights, (ii) you have no right to upload, (iii) contains viruses or malicious code, (iv) poses a privacy or security risk, (v) is unsolicited advertising or spam, (vi) is unlawful, harmful, threatening, abusive, defamatory, obscene, hateful, discriminatory, or otherwise objectionable, or (vii) restricts or inhibits any other person from using the Service or exposes us or users to liability;
2. interfere with or disrupt the Service or servers;
3. violate any applicable law or regulation;
4. impersonate any person or entity, or misrepresent your affiliation;
5. solicit personal information from anyone under 18;
6. harvest email addresses or contact information for unsolicited communications;
7. promote criminal activity or provide instructions for illegal acts;
8. circumvent, remove, or alter any content protections or geographic restrictions; or
9. use data-mining, robots, scraping, or similar data-gathering methods.

8.2 Service Content

The Service may contain content or features (“Service Content”) protected by copyright, patent, trademark, trade-secret, or other proprietary rights and laws. Except as expressly authorized, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or Service Content.

8.3 Competitors

No employee, contractor, agent, or affiliate of any competing social-media company may view, access, or use any portion of the Service without written permission from Omyteq Agency.

8.4 Fees

If any part of the Service is offered for a fee, you agree to pay the applicable amount, keep your payment information up to date, and notify us of any disputes within 60 days.

8.5 Commercial Use

The Service is for personal use. Unless expressly authorized, you agree not to exploit any portion of the Service for commercial purposes.

9. Subscriptions

KlapUp offers a weekly subscription (“Reveal Mode”) for enhanced features. Subscriptions automatically renew until canceled. You can view or cancel your subscription in your device’s account settings (e.g., the Apple App Store). You must cancel at least 24 hours before the end of the billing period to avoid charges for the next period. Refund requests are handled by the App Store, not KlapUp.

10. Copyright Complaints

If you believe content on KlapUp infringes your copyright, trademark, or other rights, email our Copyright Manager at support@klapup.com with the information required by the Digital Millennium Copyright Act (“DMCA”).

11. Termination

We may suspend or terminate your license to use KlapUp at any time for any reason. Normally, we provide notice and the reason, but we may suspend or terminate immediately if we believe you have committed a serious violation of these Terms or our policies.

12. Indemnity

You agree to indemnify, defend, and hold harmless KlapUp, Omyteq Agency, and their directors, officers, employees, and agents from any claims, losses, or damages arising from your use of the Service, your User Content, or any breach of these Terms.

13. Disclaimer of Warranties

THE SERVICE, SOFTWARE, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF KLAPUP IS AT YOUR OWN RISK.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KLAPUP AND OMYTEQ AGENCY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED €100 OR THE SMALLEST AMOUNT PERMITTED BY LAW.

15. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of France. You and we both agree that the courts of France will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

16. General Provisions

• Assignment. These Terms may not be transferred or assigned by you, but may be assigned by KlapUp.
• Severability. If any provision is unlawful or unenforceable, it is severed and the remaining provisions remain in full force.
• No Waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
• Changes to Terms. We may modify these Terms at any time. New Terms take effect immediately when posted. Continued use of KlapUp constitutes acceptance.

If you have any questions about these Terms, please email support@klapup.com.