Carbon Copy Assets, Inc.
Last Updated: February 25, 2025
Carbon Copy Assets, Inc., and as applicable, its subsidiaries and affiliates (collectively, “CCA,” “TapIn” “we”, “our”, or “us”) own and operate the CCA mobile application and website, located at www.carboncopyassets.io, through which we offer an analytical tool for tracking student and volunteer engagement, and reward program (collectively, the “Services”). Before accessing or using the Services, please read these General Terms of Use and any additional terms, rules, guidelines and conditions issued, from time to time, by CCA (collectively, the “Terms”) carefully.
By creating an account or otherwise accessing and using the Services, you agree to be bound by these Terms, our Privacy Policy, and all applicable rules that may be published on the Services by CCA, which form a legal agreement between you and us. If you do not agree to the aforementioned sets of terms, then you may not access or otherwise use the Services.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US, AS WELL AS AN INDEMNIFICATION PROVISION THAT MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES. PLEASE READ THEM CAREFULLY.
1 THESE TERMS
1.1 You represent and warrant that you have the legal right and ability to agree to these Terms and that you have read, understood, and agree to the Terms with the intent to be legally bound by them. By accessing or using the Services, you represent and warrant that you are the minimum age required to use any features within the Services that you access or use. All users of the Services must be at least 13 years of age and have parental consent (if under the age of 18) to use the Services.
1.2 We reserve the right, at our sole discretion, to make changes to these Terms at any time. If we supplement, supersede, or make changes to these Terms, such amended Terms will be posted, and will take effect immediately, unless otherwise stated. You shall be responsible for reviewing and becoming familiar with any such changes, and your use of the Services following these changes, supplements, or other modifications shall constitute your acceptance of the Terms as amended.
2 USING THE SERVICES
2.1 If You create an account to access the Services. You agree to provide accurate, current and complete information about yourself and to maintain and promptly update any account information to keep it accurate, current, and complete. Only one (1) account per verified person is permitted. Your account is unique to you and non-transferrable. For the avoidance of doubt, you may not “co-own” an account with another person or entity.
2.2 You are also solely responsible for maintaining the confidentiality of your account, including protecting your login credentials and restricting access to your devices. You agree that you shall take all steps necessary to protect your login details and keep them secret. You accept responsibility for all activities that occur under your account and/or from your devices. If you have reason to believe that someone is using your account without your permission, you should contact us immediately.
2.3 You consent to transact with us electronically and receive legal notices and other communications electronically, including by e-mail, text messaging, push notifications (in accordance with your device settings), and/or by notices posted on the Services. You agree that any requirement that a communication be sent to you in writing is satisfied by such electronic communication and that you are responsible for maintaining an Internet browser, mobile device or computing equipment capable of accessing the Services and said electronic communications.
2.4 You acknowledge and agree that we may monitor and record communications related to Service usage and geographic location information for any reason, including and without limitation, in order to ensure compliance with applicable laws and regulations. We reserve the right to report unusual or suspicious activity to the proper authorities.
2.5 CCA reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, or content), whether temporarily or permanently at any time for any reason. You agree that CCA shall not be liable to you or any third-party for any modification, suspension, or discontinuation of the Services.
3 LICENSE AND INTELLECTUAL PROPERTY
3.1 As between you and us, we own the Services, including, without limitation, all software, text, graphics, tools, links, code, recommendations, and other content or material provided in or through use of the Services, and all worldwide intellectual property rights in the foregoing.
3.2 We grant you a limited, personal, revocable, non-transferable and non-exclusive right and license to access and use the Services, in accordance with these Terms, for your use, as the Services were intended to be used. Any software provided through or used to operate the Services is licensed, not sold, to you by us, and such license is limited to object code only. Please note that our Services contain software governed by the license of a third-party, and you agree to abide by the terms and conditions of the same by using the Services. Except as expressly permitted herein, you must not, nor enable any other person to, rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer, decompile, translate, modify, rent, use as a service bureau, distribute copies of, adapt, create derivative works based on, or otherwise inappropriately use the Services.
3.3 Any trademark, service mark, copyright, logo, tradename, and/or the like (collectively, the “Marks”) contained in the Services, whether or not appearing in large print or with the trademark symbol, belongs exclusively to us or our licensors, and you may not use or display such Marks without our express written permission. Nothing in these Terms grants you any right to use our, or any third-party’s, Marks.
4 USER CONTENT
4.1 With respect to data, information, files and content you submit or make available through the Services (collectively, “User Content”), you grant us and our partners a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license to use such User Content to manage, provide, monitor, repair, improve, promote, analyze and/or operate the Services, as well as for any other lawful purpose we desire. You are fully responsible for all User Content that you submit to us and agree not to provide User Content that violates these Terms. We are not responsible for any User Content and have no duty to monitor or protect your rights in any User Content that you may submit to us.
4.2 You use any information contained in User Content at your own risk. We have the right, in our sole discretion, but no obligation or duty, to monitor, review, edit, remove, delete, disable, refuse, restrict, and/or terminate access to your User Content or the Services (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason. Where authorized by law, if you would like to request removal of User Content that you have posted to the Services, please notify us by e-mailing [email protected]. Even where we agree to remove User Content in accordance with applicable law, this may not result in complete or comprehensive removal of the User Content in question from the Services.
4.3 Digital Millennium Copyright Act Notice: If you are a copyright owner, authorized to act on behalf of one, or authorized to act under exclusive right under copyright, please report alleged copyright infringements taking place on the Services by contacting us and including the following information:
4.4 If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us, which must include:
5 PROHIBITED CONDUCT
5.1 When accessing and/or using our Services, you agree that you will not: (a) use our Services for fraudulent or abusive purposes; (b) use our Services in violation of any applicable law, regulation, or requirement, and/or the intellectual property, privacy, or similar rights of us or any other person; or (c) otherwise take any action that you know or reasonably should know is improper, unfair, fraudulent, or otherwise adverse to the operation of the Service or in any way detrimental to us or other users. Without limitation, you agree not to:
5.2 If we have reason to suspect or learn that you are violating these Terms, we may investigate, prohibit any and all current or future use of the Services by you, and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation.
5.3 You further agree not to upload, communicate, transmit or otherwise make available any User Content: (a) that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable; (b) that is or could be viewed as invasive of another's privacy; (c) that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred; (d) which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information); (e) which infringes any intellectual property right or other proprietary right of others; or (f) which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation.
6 WARRANTIES & DISCLAIMER
6.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN ‘AS IS,’ ‘AS AVAILABLE,’ AND ‘WITH ALL FAULTS’ BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT YOUR ACTIVITIES OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION OR THAT THE SERVICES SHALL BE AVAILABLE AT ALL TIMES OR BE FREE OF ERROR. WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SECURITY OR SAFETY OF THE SERVICES OR ABOUT THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF THE SERVICES (OR ANY STATISTICS, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICES). YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING/USING THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGE RESULTING FROM ANY VIRUS, WORM, SPYWARE, TROJAN PROGRAMS, TIME BOMBS OR OTHER MALWARE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
6.2 The Services may provide links or access to third-party websites, and services outside of our control. We do not endorse, recommend, or otherwise accept responsibility for any of these third-party websites or services, and we make no representation or warranties of any kind regarding them. We are not responsible for their content, quality, nature, reliability, privacy, data security, or other practices or their handling of information you make available to them. Your dealings with these third-parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third parties. We encourage you to review their applicable terms and policies.
7 LIMITATION OF LIABILITY
7.1 Nothing in these Terms shall limit or exclude any liability that, under applicable law, cannot be limited or excluded.
7.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND WILL NOT BE LIABLE FOR ANY DAMAGE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGE (INCLUDING, WITHOUT LIMITATION, BODILY HARM, EMOTIONAL DISTRESS, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, OR OTHER ECONOMIC ADVANTAGE)) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, AND/OR MALFUNCTION OF THE SERVICES, INCLUDING BUT NOT LIMITED TO: (A) ANY STATEMENT OR CONDUCT OF YOU OR ANY OTHER USER OR THIRD PARTY ON THE SERVICES; (B) STOPPAGE OF USE BY YOU DURING OR AFTER COMMENCEMENT OF USE OF THE SERVICES; (C) THE USE OR INABILITY TO USE THE SERVICES; (D) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (E) THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER USER CONTENT OF ANY KIND; (F) ANY PHYSICAL ACTIVITY, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES; (G) DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST, INCLUDING ANY INACCURATE ENTRY INFORMATION; OR (H) ANYTHING OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES.
7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES OR UNDER THESE TERMS IS LIMITED TO THIRTY DOLLARS ($30.00).
8 INDEMNITY
8.1 You agree to indemnify, release, defend, and hold harmless Carbon Copy Assets, Inc., and its parents, subsidiaries, affiliates, and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including reasonable attorneys’ fees and court costs), claims, and/or actions of any kind whatsoever arising or resulting from your use of the Services, your violation of these Terms, and any of your acts or omissions that implicate publicity rights, defamation, and/or invasion of privacy. CCA reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with CCA in the defense of such matter.
9 TERMINATION & SUSPENSION
9.1 You may delete the Services from your device at any time or otherwise close your account. You understand that if you close your account, or if we delete your account in accordance with these Terms, you may lose access to any data previously associated with your account.
9.2 We may suspend, change, or terminate these Terms and/or your access to the Services or portions of the Services immediately and without notice, for any reason, including without limitation: (a) your breach of these Terms; (b) a request by law enforcement or other government agency; (c) our discontinuation of or material modification to the Services; (d) an unexpected technical or security issue or problem; and/or (e) your inactivity.
9.3 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
10 GOVERNING LAW
10.1 These Terms shall be governed by, and construed in accordance with, the laws of the State of Ohio without regards to the conflicts of law principles. You expressly agree that if you dispute the validity or enforceability of the individual arbitration provision and/or class action waiver in these Terms, you shall bring such dispute in the courts of the State of Ohio, and you expressly consent and agree to submit to the exclusive personal jurisdiction and venue of such courts.
10.2 The parties shall use their best efforts to settle any dispute, claim, question, and/or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. To the maximum extent permitted by law, you permanently and irrevocably waive your rights to bring any claim in connection with your use of the Services unless you bring it within one (1) year of the date of the event giving rise to such claim.
10.3 YOU AGREE THAT CCA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS. BY USING THE SERVICES, YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING.
11 GENERAL
11.1 These Terms constitute the entire agreement between you and us relating to its subject matter and supersedes all prior agreements, undertakings, representations, warranties, and arrangements of any nature relating to the same.
11.2 Upon termination of your account, your license to use the Services terminates. All provisions of these Terms which by their nature should survive termination shall do so.
11.3 The failure of CCA to comply with any provision of these Terms due to an act of God, hurricane, pandemic, endemic, war, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of CCA and/or other force majeure event will not be considered a breach of these Terms.
11.4 Use of the Services may involve transmission of data through your carrier or service provider’s network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with or related to your use of the Services. We assume no liability or responsibility for the payment of any charges you may incur.
11.5 We may, from time to time in our sole discretion, develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, the “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services.
11.6 You must not use, export or re-export the Services contrary to any law of the United States and/or any other jurisdiction including without limitation the Export Administration Regulations of the United States. You represent and warrant that: (a) you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States government as a “terrorist supporting” country; and (b) you are not listed on any United States government list of prohibited or restricted parties.
11.7 We may assign these Terms, in whole or in part without your consent, but you are always free to terminate your use of the Services. No person who is not a party to these Terms (other than any person specifically identified as a third-party beneficiary) shall have any right under any law to enforce any part of these Terms, and no consent is required from any third-party to change these Terms. No failure or delay by us to exercise or enforce any right or benefit under these Terms shall be deemed a waiver of such right or benefit nor operate to prevent or limit the future exercise or enforcement of that right or benefit. If any term or condition of these Terms is held invalid, void or otherwise unenforceable by any court, governmental agency or authority of competent jurisdiction, the remainder of these Terms shall remain valid and enforceable.
11.8 Additional Terms for Apple’s App Store. In addition to the other terms set forth herein, the provisions of this section also apply to you if you obtained the Services from Apple’s App Store. These additional terms should not be read to limit any other provision of these Terms and should not be interpreted to affect the meaning of any other provision of these Terms. You acknowledge that these Terms are between you and us only, not with Apple, and Apple is not responsible for the Services. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple and Apple may refund any applicable purchase price for the Services to you; but, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (a) any product liability claim; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) any claim arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services and/or your possession and use of the Services infringes any third party’s intellectual property rights. You may access and use the Services only on Apple-branded products that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with all applicable third-party terms when using the Services. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and, upon your acceptance 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 hereunder.
11.9 Additional Terms for the Google Play Store. In addition to the other terms set forth herein, the provisions of this section also apply to you if you obtained the Services from the Google Play Store. These additional terms should not be read to limit any other provision of these Terms and should not be interpreted to affect the meaning of any other provision of these Terms. You acknowledge that these Terms are between you and us only, not with Google, and Google is not responsible for the Services. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Google and Google may refund any applicable purchase price for the Services to you; but, to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Services. Google is not responsible for addressing any claim by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (a) any product liability claim; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) any claim arising under consumer protection, privacy, or similar legislation. Google is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services and/or your possession and use of the Services infringes any third party’s intellectual property rights. You may access and use the Services only on an Android device that you own or control and as permitted by the usage rules set forth in the Google Play Store Terms of Service. You agree to comply with all applicable third-party terms when using the Services. Google and Google’s subsidiaries, are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereunder.
12 CONTACT
If you have an inquiry regarding these Terms, or questions generally, you may contact us as at: Carbon Copy Assets, Inc., 2900 Reading Road, Suite 260, Cincinnati, OH 45206, Attn: Joel Edgerton, President, or e-mail us at [email protected].