Welcome to Clapy!

We’re so happy to have you here. These Terms of Service (”Terms”) govern your use of Clapy and the software, content, and services (collectively, “Services”) offered through: our website www.tyrell.kr and its subdomains (the “Website”), our mobile apps Clapy for Android and Clapy for iOS (the “Apps”).

Please read these terms carefully before you start using the Services.

Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services.

The aforementioned defines the conditions for the use of the Services.

The term “device” refers to the device which is used to access the Services including but not limited to computers, smartphones and tablets.

The term “you” refers to the user of the Services.

When you sign up for any of the Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the services.

Our contact email address is official@tyrell.kr. All correspondence to Clapy including any queries you may have regarding your use of the Services or these Terms should be sent to this contact email address.

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND CLAPY AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND CLAPY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

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1. OUR SERVICES

Clapy offers a program which allows You to chat with a chatbot via text and voice interface.

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1.1. Emergencies

Use of the Services is not for emergencies. If you think you have a medical or mental health emergency, call 911 or go to the nearest open clinic or emergency room.

If you are considering or committing suicide or feel that you are a danger to yourself or others, you must discontinue use of the Services immediately, call 911 or notify appropriate police or emergency medical personnel.

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1.2. Modifications to the Services

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Clapy will not be liable to you or to any third party for any modification, suspension or discontinuance of any the Services.

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2. MEMBERSHIP & SUBSCRIPTIONS

 

2.1. Becoming a member

You will be required to register (”create an account”) with Clapy and become a Clapy Member in order to access and use the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registeration forms. Registration data and certain other information about you are governed by our Privacy Policy.

 

2.2. Once a member

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Clapy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Clapy will not be liable for any loss or damage arising from your failure to comply with this Section.

 

2.3. Your membership

As a Clapy Member, you will receive access to content, features, and functions of the Services that are not available to non-members.

By agreeing to become a Member you opt-in to receive occasional special offers, marketing, survey, and Services-based communication emails. You can easily unsubscribe from Clapy commercial emails by following the opt-out instruction in these emails. Clapy memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

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2.4. Subscriptions

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2.4.1. Choosing a subscription program

Once you become a Clapy Member, you can choose one of the subscription programs offered in Clapy:

“Annual Plan & Monthly Plan”: a subscription-fee based program, which gives full access to the Services.

You can become a subscriber to a paid subscription program (”Annual Plan & Monthly Plan”) or (the “Paid Subscriptions”) by purchasing a subscription to the Services within the Apps, where allowed by the App marketplace partners (Apple iTunes Store and Google Play store).

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2.4.2. Maintaining a Paid Subscription

Any of our paid subscriptions shall be paid in monthly or annual installments and processed by the App marketplace partner through which you originally acquired the subscription.

You will only have access to a paid subscription while it is active and subsisting.

The renewal subscription fees will continue to be billed to the Payment Method you provided through the marketplace, automatically until canceled. You must cancel your subscription before it renews each billing period in order to avoid billing of the next subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period. You can modify or cancel your paid subscription only through the App marketplace where you originally acquired the subscription. To view, modify or cancel your subscription, you may be required to be authenticated under the same user ID by the marketplace partner.

 

2.4.3. Refunds

Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.

If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.

Please note that the 14-days-after-purchase refund policy for EU residents does not apply for the provided access to the digital product.

 

2.5. Device requirements

To enjoy Clapy via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google and Apple App marketplaces.

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3. CANCELLATION OF SERVICES

 

3.1. Cancellation by you

You may cancel your Membership at any time by deleting your account in the app. This action is irreversible. As soon as you delete your account, all the data associated with your use of the Services will be removed permanently. Upon your account deletion, cancellation of a Paid Subscription is effective at the end of the applicable billing period.

You may cancel a Paid Subscription at any time without deleting your account. Cancellation is effective at the end of the applicable billing period.

Please note that if you purchase a Paid Subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify.

If you purchase a Paid Subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.

 

3.2. Cancellation by us

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.

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4. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that Clapy has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services.You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

 

5. MOBILE SERVICES

Some of our Services are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device (ii) the ability to browse the Services and the Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.

In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Clapy and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

In the event you change or deactivate your mobile telephone number, you agree to promptly update your Clapy account information to ensure that your messages are not sent to the person that acquires your old number.

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6. CONDITIONS OF USE

 

6.1. User conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (”content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Clapy. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:

1. Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Clapy, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Clapy or its susers to any harm or liability of any type;

2. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or

3. Violate any applicable local, state, national or international law, or any regulations having the force of law;

4. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

5. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

6. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

7. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

8. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

 

6.2. Commercial use

The Service is for your personal use only. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

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7. APPLE APP STORE AND GOOGLE PLAY STORE LEGAL INFORMATION

These Terms apply to your use of all the Services, including the iPhone application available via the Apple, Inc. (”Apple”) App Store (the “Applications”), and the Android application available via the Google, Inc. (”Google”) Play Store (the “Applications”), but the following additional terms also apply to the Applications:

• Both you and Clapy acknowledge that the Terms are concluded between you and Clapy only, and not with Apple and Google, and that Apple and Google are not responsible for the Application or the Content;

• The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;

• You will only use the Application in connection with an Apple device that you own or control;

• You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

• In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple or Google of such failure; upon notification, Apple and Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

• You acknowledge and agree that Clapy, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the Application;

• You acknowledge and agree that in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Clapy, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge or any such infringement 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;

• Both you and Clapy acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of the agreement which may affect or be affected by such use; and

• Both you and Clapy acknowledge and agree that Apple and Apple’s subsidiaries and Google and Google’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

• Clapy and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a thid party beneficiary thereof.

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8. INTELLECTUAL PROPERTY RIGHTS

 

8.1. Service content, software, and trademarks

You acknowledge and agree that the Services may contain content or features (”Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Clapy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Servicess, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Clapy from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Clapy, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Clapy.

The Clapy name and logos are trademarks and service marks of Clapy (collectively the “Clapy Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Clapy. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Clapy Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Clapy Trademarks will inure to our exclusive benefit.

 

8.2. Third party material

Under no circumstances will Clapy be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Clapy does not pre-screen content, but that Clapy and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Clapy and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Clapy, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

 

8.3. User content transmitted through the Services

With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Clapy and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.

You acknowledge and agree that hany questions, comments, suggestions, ideas, feedbak or other information about the Services (”Submissions”), provided by you to Clapy are non-confidential and Clapy will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Clapy may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the hrights of third parties; or (d) protect the rights, property, or personal safety of Clapy, our users and the public. You understand that the technical processing nand transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

8.4. Copyright complaints

Clapy respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Clapy of your infringement claim in accordance with the procedure set forth below.

We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (”DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Clapy’s Copyright Agent at official@tyrell.kr (Subject line: “DMCA Takedown Request”).

To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that theh above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

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8.5. Counter-notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature;

• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;

If a counter-notice is received by the Copyright Agent, Clapy will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counterr-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Clapy has adopted a policy of terminating, in appropriate circumstances and at Clapy’s sole discretion, users who are deemed to be repeat infringers. Clapy may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

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9. THIRD PARTY WEBSITES

The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that Clapy will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Clapy is not liable for any loss or claim that you may have against any such third party.

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10. WARRANTY, IDEMNITY AND LIABILITY

10.1. Indemnification

You agree to defend, indemnify and hold us and our licensee and licensors, and their employees, contractors, agents, officers and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password, or b) a breach of these Terms. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

 

10.2. Limitation of liability

In no event shall we, nor our directors, employees, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, cost of procurement of substitute Service or Service interruptions, even if we know or have been advised of the possibility of such damages resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of use of your account.

 

10.3. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis and is provided without warranties of any kind, whether express, statutory or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We and our subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) the results of using the Service will meet your requirements and expectations or success.

We are not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the Service or release to other users. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Service, any content posted or transmitted to users, or any interactions between users, whether online or offline.

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11. DISPUTE RESOLUTION BY BINDING ARBITRATION

11.1. Agreement to arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Clapy, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Clapy are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

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11.2. Prohibition of class and representative actions and non-individualized relief

You and Clapy agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Clapy agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the indivicual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

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11.3. Pre-arbitration dispute resolution

Clapy is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at official@tyrell.kr. If such efforts prove unsucessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (”Notice”). The Notice to Clapy should be sent to official@tyrell.kr (”Notice Address”). The Notice ust (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Clapy and you do not resolve the hclaim within sixty (60) calendar days after the Notice is received, you or Clapy may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Clapy or you shall not be disclosed to the arbitrator until after the arbitrato determines the amount, if any, to which you or Clapy is entitled.

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11.4. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

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11.5. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of class and representative actions and non-individualized relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection titled “Prohibition of class and representative actions and non-individualized relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.

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11.6. Future changes to the arbitration agreement

Notwithstanding any provision in these Terms of Service to the contrary, Clapy agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Clapy written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

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12. GENERAL CONDITIONS

12.1. Termination

You agree that Clapy, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Clapy believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Clapy may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Clapy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Clapy will not be liable to you or any third party for any termination of your access to the Service.

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12.2. Entire agreement

These Terms of Service constitute the entire agreement between you and Clapy and govern your use of the Service, superseding any prior agreements between you and Clapy with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.

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13. YOUR PRIVACY

At Clapy, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to your collection and use of personal data as outlined therein.

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14. CONTACT US

Please contact us at official@tyrell.kr to report any violations of these Terms of Service or to ask us any questions regarding these Terms of Service or our Services.