Terms of Service
Last updated: March 12, 2025.
These Terms of Service ("Terms") govern your access to and use of the VapTales website, apps, APIs, and widgets (“VapTales” or the “Services”). Please read these Terms carefully and contact us if you have any questions. By accessing or using VapTales, you agree to be bound by these Terms, our Privacy Policy, our Cookies Policy, and our Community Guidelines.
Relationship With Us
Welcome to VapTales(the “Platform”), which is provided by VapTales, Inc. (collectively such entities will be referred to as “VapTales”, “we”,“us”, or “company”).
You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related applications, services, products and content (collectively, the “Services”). Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share User Content (defined below)) may be subject to age restrictions and not available to all users of the Services. Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services. The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you. You can’t use VapTales if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use VapTales if you are over the age at which you can provide consent to data processing under the laws of your country. Using VapTales may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
Waiver notice for users: these terms contain waiver of rights to bring a class action against us. you and VapTales agree that disputes between us will be resolved by mandatory binding committee, and you and VapTales waive any right to participate in a class-action lawsuit or class wide arbitration.
Accepting the Terms
By accessing or using our Services, you confirm that you can form a binding contract with VapTales, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
Our service
VapTales helps you make choices by helping you compare between/among multiple options by putting up images/videos/content on the application and asking the VapTales community (VapTalers) to help choose between/among multiple options. To do that, we show you things we think will be relevant, interesting and personal to you based on your onsite and offsite activity. To provide our Service, we need to be able to identify you and your interests. Some of the things we show you are promoted by advertisers. As part of our service, we try to ensure that promoted content is relevant and interesting to you. We may use IP Addresses of the users to determine the approximate location, so the result maps may not be accurate, also keep in mind that the linking and/or disliking of the particular content may depend on the users’ mood, mental state, time, and any related psychological behavior of the said individual. This service is meant for fun only, if you are having rough time on the application, or you feel like it is changing your behavior in any way, please cease from using our product immediately, and seek immediate help, or talk to professional. Do not use our service to make any major decisions in your life.
Simply put
You can use our service to know what people are thinking about particular options (content) you have posted on the application from around the world. You can ask VapTalers to help you choose between many options.
Our license to you
To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: feedback@vaptales.com with the subject line “Compromised Account” You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services again, and would like your account deleted, contact us at: feedback@vaptales.com with the subject line “Delete Account”. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not- access or use the Services if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or legal guardian. To make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof- distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof- market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation. Use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming. Interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services. Incorporate the Services or any portion thereof into any other program or product.
In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion. Use automated scripts to collect information from or otherwise interact with the Services. Impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services. To intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. To use or attempt to use another’s account, service or system without authorization from the explicit written consent by the company or create a false identity on the Services; To use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews. To use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. Create any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation. Create any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers. Create any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person. Create any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory. Create any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm. Create any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people. Create any material that contains a threat of any kind, including threats of physical violence. Create any material that is racist or discriminatory, including discrimination based on someone’s race, religion, age, gender, disability or sexuality. Create any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide, or create material that, in the sole judgment of VapTales, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose VapTales, the Services or its users to any harm or liability of any type.
In addition to the above, your access to and use of the Services must, always, be compliant with our Community Guidelines.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Policy, or otherwise harmful to the Services or our users. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
Platform Content
Between you and VapTales, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “VapTales Content”), are either owned or licensed by VapTales, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the VapTales Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content. You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts (defined below), and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service ( e.g., you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the VapTales Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. VapTales reserves all rights not expressly granted herein in the Services and the VapTales Content. You acknowledge and agree that VapTales may terminate this license at any time for any reason or no reason.
Indemnity
You agree to defend, indemnify, and hold harmless VapTales, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
Exclusion of Warranties
Nothing in these terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer. The services are provided “as is” and we make no warranty or representation to you with respect to them. We do not represent or warrant to you that: your use of the services will meet your requirements; your use of the services will be uninterrupted, timely, secure or free from error; any information obtained by you as a result of your use of the services will be accurate or reliable; and defects in the operation or functionality of any software provided to you as part of the services will be corrected. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the services except to the extent that they are expressly set out in the terms. We may change, suspend, withdraw or restrict the availability of all or any part of our platform for business and operational reasons at any time without notice.
California Consumer Rights Notice
Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/
Users of the Services who are California residents and are under 18 years of age may request and obtain removal of User Content they posted by contacting us at: feedback@vaptales.com All requests must be labeled "California Removal Request" on the email subject line. All requests must provide a description of the User Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information.
Liability
Note that nothing in these terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Subject to the paragraph above, we shall not be liable to you for: (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill; (iii) any loss of opportunity; (iv) any loss of data suffered by you; or (v) any indirect or consequential losses which may be incurred by you. Any other loss will be limited to the amount paid by you to VapTales within the last 12 months. Any loss or damage which may be incurred by you as a result of: any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the service; any changes which we may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services); the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services; your failure to provide us with accurate account information; or your failure to keep your password or account details secure and confidential.
Please note that we only provide our platform for domestic and private use. You agree not to use our platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, you are solely responsible for using the product the way it was intended. At any point, you may reach us at VapTales, Inc., 1178 Broadway, 3F, New York, NY 10001. or via email - feedback@vaptales.com. You are responsible for any mobile charges that may apply to your use of our service, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the service.
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:
Apple
By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
These Terms between VapTales and you; Apple is not a party to these Terms. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist" supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, 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 hereof.
By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by VapTales or you (or any other user) under these Terms or the Google Play Terms.
Finally, please note that some of the abovementioned Personal Information may be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes. Personal Information may also be used to comply with applicable laws, with investigations performed by the relevant authorities, law enforcement purposes, and/or to exercise or defend legal claims.