terms & conditions
Updated July 10, 2026
Welcome to Perks Pass, available at https://portal.perkspass.com/ (the “Site”), owned and operated by TapText, LLC d/b/a Whisp (“TapText,” “we,” “us,” or “our”). These Terms and Conditions (the “Terms”) govern your access to and use of the Site and all related services, features, content, and functionality offered through the Site, including without limitation the Perks Pass coupon and offer alert Program described below (collectively, the “Services”). By accessing, browsing, or otherwise using the Site or any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all provisions of these Terms, or if these Terms are not enforceable where you are located, you may not use the Services. We would not provide the Services without the conditions in these Terms. If you later seek to repudiate these Terms or any aspect thereof, you agree that such action would constitute a breach of these Terms, prohibiting you from enforcing any aspect of the Terms and entitling us to damages resulting from your breach.
1. Eligibility
You must be at least eighteen (18) years of age (or the age of majority in your jurisdiction, whichever is greater) to use the Site or any of the Services. By using the Site, you represent and warrant that you meet the foregoing eligibility requirements, that you have the legal capacity to enter into a binding agreement, and that all information you provide to us is accurate, current, and complete. We reserve the right to terminate or suspend your access to the Services if we determine, in our sole discretion, that you do not meet these eligibility requirements or that any information you have provided is inaccurate, incomplete, or misleading.
2. The Perks Pass Program
2.1 Program Description
Perks Pass is a coupon and special offer alert program (the “Program”) that allows individual consumers (“Subscribers”) to opt into receiving coupons, deals, discounts, promotional codes, and other special offers (collectively, “Offers”) related to various brands, retailers, restaurants, service providers, and other commercial entities (each, a “Brand” and collectively, the “Brands”) of interest to them. The Program is operated by TapText. Offers are delivered to Subscribers primarily via SMS, MMS and/or RCS messages (“Text Messages”), as well as through other channels that may be made available from time to time.
2.2 Brand Selection and Categories of Interest
When you enroll in the Program, you will be asked to select specific Brands and/or categories of interest (e.g., restaurants, home improvement, general retail, grocery, apparel, or other categories) about which you wish to receive Offers (your “Selections”). You understand and agree that your Selections serve as a general indication of your preferences and areas of interest, and that TapText is not limited to delivering Offers exclusively from or about the specific Brands you select. By making your Selections, you acknowledge and agree that (a) if you select one or more Brands within a particular category (for example, selecting specific restaurants within the restaurant category), TapText may send you Offers pertaining to that general category (e.g., restaurants generally) rather than solely Offers from or about the specific Brands you selected; (b) TapText may supplement your Brand-specific Offers with Offers from other Brands within the same category or within related categories that TapText reasonably believes may be of interest to you based on your Selections; and (c) TapText may update, modify, add, or remove available Brands and categories from time to time without prior notice to you.
2.3 Enrollment; Account
To enroll in the Program, you must complete the registration process on the Site, provide a valid mobile telephone number that is assigned to you, make your initial Selections, and affirmatively consent to receive Text Messages as described in Section 3 below. You are solely responsible for maintaining the confidentiality of any account credentials associated with the Site and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3. Consent to Receive Text Messages; Telemarketing Disclosures
3.1 Express Written Consent
By enrolling in the Program, providing your mobile telephone number, and affirmatively requesting to receive Text Messages (including, without limitation, by entering your mobile number where these Terms are displayed, by checking a consent box, clicking an “I Agree” or similar button, texting a keyword, or otherwise taking an affirmative action signifying your agreement), you are providing your prior express written consent, as that term is defined under the Telephone Consumer Protection Act, 47 U.S.C. § 227, and its implementing regulations (the “TCPA”), and any applicable state law equivalent, to receive autodialed, prerecorded, and/or artificial voice calls and text messages, including but not limited to telemarketing and advertising messages, at the mobile telephone number you provide, from or on behalf of TapText and/or the Brands, as further described below.
3.2 Scope of Consent
You understand, acknowledge, and expressly agree that the consent you provide under Section 3.1 is broad and encompasses the following, without limitation:
(a) Messages from TapText. TapText may send Text Messages to you directly, on its own behalf, containing Offers, promotions, deals, coupons, and other advertising and marketing content relating to any of the Brands, any categories associated with your Selections, and any other products, services, or commercial offerings that TapText, in its sole discretion, determines may be of interest to you.
(b) Messages from Brands. Each Brand whose Offers are featured through the Program, or that Brand’s parent, subsidiary, and affiliated entities, may send Text Messages to you directly, on their own behalf, containing Offers, promotions, deals, coupons, and other advertising and marketing content. You understand and agree that such Brands are intended third-party beneficiaries of your consent under these Terms.
(c) Messages from Brand Agents and Contractors. Each Brand may engage its own marketing agents, representatives, service providers, lead aggregators, contractors, subcontractors, or other third parties (collectively, “Brand Agents”) to send Text Messages to you on that Brand’s behalf or on TapText’s behalf, and you consent to receive such messages from Brand Agents.
(d) Category-Based Messages. As described in Section 2.2, TapText may send you Text Messages relating to general categories of interest derived from your Selections, rather than limiting messages to the specific Brands you selected. For example, if you select particular restaurant Brands, TapText may send you Offers about restaurants generally, including restaurants that you did not individually select.
(e) Autodialed and Prerecorded Messages. The mobile messaging service employed by TapText to communicate with you does not have the capacity to generate telephone numbers, but can only text individuals like you who have voluntarily added their telephone number into the Program database. Thus, TapText’s Text Messages and any other telephonic communications are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by opting into the Program, you agree to receive autodialed telemarketing telephone calls, SMS and MMS messages, and prerecorded calls from or on behalf of the entities listed above. You expressly consent to the use of such technology to deliver messages to the mobile telephone number you provide, regardless of whether such number is listed on any federal, state, or internal do-not-call list.
(f) Time-of-Day Restrictions. You agree that any federal or state time-of-day restrictions that may otherwise apply to unsolicited telephone solicitations or telemarketing calls do not apply to the Text Messages you have consented to receive through the Program.
(g) Voice Calls and Emails. In addition to Text Messages, TapText and/or the Brands and their Brand Agents may also contact you by telephone (including by autodialed, prerecorded, and/or artificial voice calls) and/or by email at any telephone number(s) or email address(es) you provide, for any purpose related to the Program, your Selections, or any inquiry you submit. You understand and agree that a Text Message is not a telephone call for purposes of the TCPA or any similar statute or regulation.
3.3 Consent Not Required for Purchase
You acknowledge and agree that your consent to receive Text Messages and other communications under these Terms is not a condition of purchasing any goods or services from TapText or any Brand. No purchase is necessary to participate in the Program.
3.4 Message Frequency and Costs
The Program involves recurring Text Messages. The number and frequency of Text Messages you receive will vary based on your Selections, your interaction with the Program, and the availability of Offers from the Brands and categories you have selected. Message and data rates may apply, and you are solely responsible for any charges imposed by your wireless carrier or service provider.
3.5 Opt-Out
You may opt out of receiving Text Messages at any time by replying “STOP” to any Text Message you receive from TapText through the Program on your mobile device. This is the easiest and preferred method to opt out of receiving Text Messages from TapText. You may receive a final confirmatory Text Message acknowledging your opt-out request. Please note that opting out of TapText’s messages does not automatically opt you out of Text Messages sent by Brands or their Brand Agents, for which you may need to follow separate opt-out procedures provided by the applicable Brand.
Notwithstanding any prior opt-out, you acknowledge and agree that if you subsequently re-engage with the Program (for example, by texting a keyword, visiting the Site and re-enrolling, or otherwise affirmatively communicating with TapText in connection with the Program), you consent to receive further Text Messages and other communications from TapText, the Brands, and/or their Brand Agents, and you will be subject to these Terms, including any modifications then in effect.
You also understand and agree that the Program does not utilize a monitored inbox, and requests to opt out must use one of the following recognized keywords: STOP, QUIT, END, REVOKE, OPT-OUT, CANCEL, and UNSUBSCRIBE. You understand and agree that if you attempt to opt out via other means, such as replying with conversational messages, that such an attempt is not a reasonable method to revoke any consent to receive further Text Messages or other communications as part of the Program.
3.6 Help and Support
For help or information regarding the Program, text “HELP” to any Text Message you receive through the Program, or contact us at hello@perkspass.com.
3.7 MMS and RCS Messaging
The Program may send MMS or RCS messages where supported. If your mobile device does not support MMS messaging, you will receive SMS messages instead.
3.8 Disclaimer
Wireless carriers are not liable for delayed or undelivered Text Messages. Delivery of Text Messages is subject to effective transmission from your wireless service provider and network operator and is outside of TapText’s control. Neither TapText nor any Brands will be liable for any delays or failures in the receipt of any messages connected with this Program.
3.9 Telephone Number Representations
You represent and warrant that (a) you are the current subscriber or authorized user of the mobile telephone number you provide to TapText, (b) you have the authority to consent to receive Text Messages at that number, and (c) if you obtain a new telephone number, you will promptly update your information with TapText and notify TapText that your prior number is no longer assigned to you. You agree not to provide any telephone number that is not assigned to you or that you are not authorized to use. You shall be solely liable for any damages, costs, or expenses arising from or relating to your provision of a telephone number that is not your own or that you are not authorized to use.
4. Consent to Sharing of Personal Information
4.1 Information Sharing for Program Operation
By enrolling in the Program, you expressly consent to TapText collecting, using, storing, and sharing your personal information — including but not limited to your name, mobile telephone number, email address, and Selections — with the Brands and their Brand Agents for the purpose of operating and administering the Program, delivering Offers to you, facilitating the Text Messages described in Section 3 above, and enabling the Brands and their Brand Agents to communicate with you in accordance with these Terms. You acknowledge that such sharing is an essential feature of the Program and that TapText would not be able to provide the Services without it.
4.2 Additional Uses and Disclosures
In addition to the sharing described in Section 4.1, TapText reserves the right at all times to use and disclose your information as necessary to (a) comply with any applicable law, regulation, legal process, or governmental request; (b) enforce these Terms and investigate potential violations thereof; (c) detect, prevent, or address fraud, security, or technical issues; (d) protect the rights, property, or safety of TapText, the Brands, other users, or the public; and (e) as otherwise described in our Privacy Policy.
4.3 Accuracy of Information
When you complete forms online or otherwise provide TapText information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If TapText, in its sole discretion, believes that any information you have provided is untrue, inaccurate, or incomplete, or that you have enrolled in the Program for an improper or ulterior purpose, TapText may refuse you access to the Program and pursue any appropriate legal remedies.
5. Intellectual Property
All content, features, and functionality available on or through the Site — including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, software, and the compilation thereof — are the exclusive property of TapText, its licensors, or other content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The TapText, Whisp, and Perks Pass names, logos, and all related product and service names, design marks, and slogans are trademarks or service marks of TapText or its affiliates. You are granted no right or license with respect to any of the foregoing trademarks or any other trademarks of TapText. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on the Site except as incidental to normal web browsing, or as expressly authorized in writing by TapText.
6. User Conduct
You agree not to use the Site or the Services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that infringes the rights of TapText, the Brands, or others. Without limiting the foregoing, you agree not to: (a) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site; (b) use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; (c) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (d) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; (e) impersonate or attempt to impersonate TapText, a TapText employee, another user, or any other person or entity; or (f) use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
7. Third-Party Links, Content, Cookies and Chatbots
The Site may contain links to third-party websites, applications, or resources, and Offers you receive through the Program may direct you to third-party websites or platforms. These third-party resources are not under the control of TapText, and TapText is not responsible for the content, products, services, privacy practices, or availability of any third-party website or resource. The inclusion of any link or reference to a third-party resource does not imply endorsement by TapText of that resource or any association with its operators. You access and use any third-party resources at your own risk and subject to the terms and conditions and privacy policies applicable to such resources.
The Services may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). Additionally, the Site may include online technologies and code-based tools, including cookies, pixels, web beacons, and software development kits, that track and analyze information about your activity on the Site or through the Program, and this may entail the placement of such technologies on your device (collectively, “Cookies”). You understand and agree that TapText utilizes Cookies to operate the Services.
Cookies may result in information about your use of the Sites, including information related to the webpages and Video Content that you access, being transmitted from your browser to TapText and/or to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites, applications, platforms, products, or services (“External Sites”). Whether Cookies on the Sites result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of our knowledge or control, including what External Sites you use, what information you have provided to External Sites, and whether and the extent to which you have limited the use of Cookies by External Sites.
You hereby acknowledge and agree that, if Cookies on the Sites result in your browser’s transmission of information to External Sites, (a) you are consenting to the use of Cookies on the Sites and such transmissions to External Sites, (b) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by TapText under the Video Privacy Protection Act (18 U.S.C.A. § 2710) (“VPPA”), (c) such disclosures are conducted in the ordinary course of TapText’s business, (d) such transmissions will not result in any injury to you, (e) all of Video Content provided through the Site is intangible streamed content, and is therefore not “material” or in any way similar to prerecorded video cassette tapes, and (f) you will not initiate any litigation or otherwise assert any claim against TapText or any Brands based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), similar common law claims, or any other statute, regulation, or cause of action. All of the foregoing conditions are material to our ability and willingness to offer the Services. If you do not agree to any of these representations, you are prohibited from using the Services.
The Program may also include a chat service (the “Chatbot”), which may be powered, in whole or in part, by generative artificial intelligence. If you interact with the Chatbot, you may not be communicating with a human representative of TapText or any Brands, in part or in full; you are communicating with an automated software system that generates responses to your inputs (“Chatbot Output”). The Chatbot is provided for the limited purpose of providing information and responding to inquiries concerning the Program. You agree to use the Chatbot solely for the intended purpose set forth in the preceding sentence and in compliance with these Terms.
Chatbot Output is provided for general informational purposes only. You should always verify Chatbot Output and should never rely solely on it. You agree that you are responsible for any decisions made or actions taken by you based, in whole or in part, on Chatbot Output. Unless we state otherwise in writing, any views or opinions expressed in Chatbot Output do not necessarily reflect those of TapText. Chatbot Output may not be unique across users, meaning the Chatbot may generate the same or similar content for other users. You have no ownership, reasonable expectation of privacy or other proprietary interest in any Chatbot Output, and further agree that you have no expectation that your interactions with automated software systems over the public Internet will be or remain private or confidential, and you will not be injured in any way by the retention or further disclosure of the Chatbot Output. As such, you should not share any sensitive or personal data, or any proprietary or confidential information, with the Chatbot. Your interactions with the Chatbot may be recorded and retained by TapText and/or our third-party technology vendors for the purpose of addressing your inquiries and otherwise assisting you, improving the operation of the Chatbot, and for any other purposes described in our Privacy Policy, and we may disclose these records to third parties in a manner consistent with our Privacy Policy and these Terms.
8. Disclaimer of Warranties
THE SITE, THE SERVICES, AND ALL OFFERS DELIVERED THROUGH THE PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TAPTEXT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TAPTEXT DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TAPTEXT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY OFFERS, CONTENT, OR INFORMATION PROVIDED THROUGH THE SITE OR THE PROGRAM. TAPTEXT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A BRAND OR ANY OTHER THIRD PARTY THROUGH THE SITE OR THE PROGRAM, AND TAPTEXT IS NOT A PARTY TO AND SHALL NOT BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY BRAND OR THIRD PARTY.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAPTEXT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR THE SERVICES; (B) ANY OFFERS RECEIVED THROUGH THE PROGRAM; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING ANY BRAND, ON OR THROUGH THE SITE; (D) ANY CONTENT OBTAINED FROM OR THROUGH THE SITE; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TAPTEXT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL TAPTEXT’S TOTAL, AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE, THE SERVICES, OR THE PROGRAM EXCEED ONE HUNDRED DOLLARS ($100.00). TAPTEXT WOULD NOT BE ABLE TO MAKE THE SITE AND THE SERVICES AVAILABLE TO YOU WITHOUT THE FOREGOING LIMITATIONS, AND THE FOREGOING PROVISIONS ARE AN ESSENTIAL PART OF THE OFFER TO YOU. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE OR THE SERVICES.
10. Indemnification
You agree to indemnify, defend, and hold harmless TapText, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to (a) your use of or access to the Site or the Services; (b) your violation of any provision of these Terms; (c) your violation of any applicable law, rule, or regulation; (d) your provision of a telephone number that is not assigned to you or that you are not authorized to use; or (e) any dispute between you and any Brand or other third party. TapText reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with TapText in the defense of any such claim.
11. Dispute Resolution; Binding Arbitration
11.1 Agreement to Arbitrate
In the event of any dispute, claim, or controversy between you and TapText, or between you and any third party participating in the Program or otherwise acting on TapText’s behalf in connection with the Site, the Services, or the Program, and which elects to avail itself of this Dispute Resolution provision, arising out of or relating to these Terms, TapText’s Privacy Policy, any federal or state statutory claims, common law claims (each, a “Dispute”), such Dispute shall be determined by binding arbitration before one (1) arbitrator.
11.2 Arbitration Procedures
The arbitration shall be administered by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules of the AAA then in effect, and may be conducted virtually. You may obtain a copy of the AAA’s Consumer Arbitration Rules at www.adr.org. Either party may commence arbitration by providing the other party a written demand for arbitration setting forth the subject of the Dispute and the relief requested (an “Arbitration Demand”). For the avoidance of doubt, this agreement to arbitrate should not be construed as a separate agreement independent of these Terms; thus, if you bring a claim that amounts to a repudiation of any aspect of these Terms, the AAA should not accept such a claim.
11.3 Governing Law for Arbitration
The arbitrator shall apply the substantive law of the State of Delaware, exclusive of its conflict-of-law rules. You agree that, with respect to any state law claims, only the law of Delaware applies, and you are barred from bringing claims under the laws of any other state. Notwithstanding the foregoing, the Federal Arbitration Act (9 U.S.C. §§ 1–16) shall govern any arbitration conducted pursuant to these Terms.
11.4 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TAPTEXT EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than through arbitration, you and TapText each knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to these Terms or any of the transactions contemplated hereby.
11.5 Exclusive Jurisdiction
You agree to the exclusive jurisdiction of the state or federal courts located in the State of Delaware for any claims that are not subject to arbitration. Nothing in this Section 11 shall preclude either party from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.
11.6 Arbitrator Authority and Award
The arbitrator may award monetary damages and any other remedies allowed by applicable law but shall not have the authority to modify any term or provision of these Terms. The arbitrator shall deliver a reasoned written decision with respect to the Dispute (the “Award”) to each party. Any Award, including interim or final remedies, may be confirmed or enforced in any court of competent jurisdiction. The decision of the arbitrator shall be final and binding on the parties and shall not be subject to appeal or review.
11.7 Costs and Attorneys’ Fees
Each party shall advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. The arbitrator shall award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees shall be offset.
11.8 Confidentiality
The parties shall maintain the confidential nature of the arbitration proceeding, the hearing, and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or confirmation or enforcement of an Award, or unless otherwise required by applicable law. Any documentary or other evidence produced in any arbitration hereunder shall be treated as confidential and shall not be disclosed to any third person (other than witnesses or experts) except as required by applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.
12. Governing Law
These Terms and any Dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice-of-law or conflict-of-law provisions.
Finally, the Services are intended for individuals genuinely interested in the Program. Under no circumstances may the Site, Services, or Program be used for the purpose of, or with the intention of, initiating litigation or arbitration, including using the Services in order to trigger or induce an alleged violation of any law (“Litigation Purposes”). Use of the Services for Litigation Purposes is strictly prohibited, and as such, constitutes a breach by you of these Terms. In such circumstances, we may elect to terminate these Terms, without prejudice to our ability to seek damages, including attorneys’ fees, resulting from your breach. In no event can you seek to enforce these Terms if your claim amounts to a repudiation of any aspect of these Terms, and TapText will have no obligations to you under those circumstances.
13. Changes to the Terms
TapText reserves the right to modify or update these Terms at any time in its sole discretion. Any updates to these Terms will be posted on the Site with a revised “Last Updated” date. Your continued use of the Site or the Services after the posting of any changes constitutes your acceptance of such changes. You acknowledge your responsibility to review these Terms periodically and to be aware of any modifications. It is your obligation to ensure that you are in compliance with the then-current version of these Terms.
14. Termination
TapText may, in its sole discretion, terminate or suspend your access to the Site and the Services, in whole or in part, at any time and for any reason, with or without cause and with or without notice, without liability to you. Upon termination, all rights granted to you under these Terms shall immediately cease, and you must promptly discontinue all use of the Site. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 3 (to the extent of consent previously provided), 4, 5, 8, 9, 10, 11, 12, and 15.
15. General Provisions
15.1 Entire Agreement
These Terms, together with the Privacy Policy and any other policies or agreements expressly incorporated herein by reference, constitute the entire agreement between you and TapText with respect to the Site and the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.
15.2 Severability
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
15.3 Waiver
The failure of TapText to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any provision of these Terms shall be effective unless made in writing and signed by TapText.
15.4 Assignment
You may not assign or transfer these Terms or any of your rights or obligations hereunder, in whole or in part, without the prior written consent of TapText. TapText may assign or transfer these Terms or any of its rights or obligations hereunder without restriction and without notice to you.
15.5 Notices
Any notices or communications required or permitted hereunder shall be given by TapText via email, regular mail, or posting on the Site. Notices to TapText shall be sent to: TapText, LLC, 1101 Brickell Ave., South Tower, 8th Floor, Miami, Florida 33131, Attention: Legal Department.
15.6 Force Majeure
TapText shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond TapText’s reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, labor disputes, shortages of transportation, facilities, fuel, energy, labor, or materials, or failures of telecommunications or information technology infrastructure.
15.7 Headings
The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
15.8 Contact Information
If you have any questions about these Terms or the Services, please contact us at:
TapText, LLC d/b/a Whisp 1101 Brickell Ave., South Tower, 8th Floor, Miami, Florida 33131 hello@perkspass.com.
BY USING THE SITE OR ENROLLING IN THE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
“By providing your telephone number, you are agreeing to join the Perks Pass Program and will receive automated promotional messages from TapText and/or the brands or categories selected by you. Consent is not a condition of purchase. Terms apply. Msg and data rates may apply. Text STOP to opt out of further marketing messages from TapText.”