Terms and Conditions of Service

1. Acceptance of Terms

These Terms and Conditions (“Terms”) govern access to and use of the websites, mobile applications, business dashboards, customer-facing web pages, NFC cards, QR codes, software, and related services provided by Tapily, LLC (“Tapily,” “we,” “our,” or “us”).

By registering an account, purchasing a subscription, accepting an authorized staff invitation, or using a Tapily-enabled customer service interface, you agree to the provisions applicable to your use.

Individuals accepting these Terms on behalf of a business represent that they have authority to bind that business.

If you do not agree to the applicable Terms, you must not use the services.

Additional order forms, subscription agreements, data processing agreements, or service-specific terms may apply.

Where a separately signed agreement expressly conflicts with these Terms, that agreement controls to the extent of the conflict.

2. Description of Tapily Services

Tapily is a technology platform that connects physical service locations with digital communication and operational management systems.

Depending on the subscribed services and business configuration, Tapily may provide:

• NFC and QR code customer service access.
• Customer-facing web service pages.
• Customer service request submission.
• Request routing and notifications.
• Customer and staff messaging.
• Service acknowledgment and completion tracking.
• Historical service session records.
• Customer ratings and reviews.
• Staff profiles and role-based access.
• Business sections and service area management.
• Tap point assignment and administration.
• NFC card programming and QR code management.
• Service performance analytics.
• Business monitoring and employee training tools.
• Subscription and account administration.
• Additional workforce or business management features.

Available functionality may vary according to subscription, configuration, device compatibility, and geographic availability.

3. User Categories

3.1 Participating Businesses

A “Business” is an organization authorized to use Tapily through a subscription or other agreement.

Businesses are responsible for managing their accounts, employees, physical locations, and underlying customer services.

3.2 Authorized Staff

“Staff” includes employees, contractors, managers, owners, and other individuals granted access to a Business account.

Staff may use Tapily’s mobile application or authorized web interfaces to receive, respond to, and complete customer service requests.

3.3 Customers and Guests

“Customers” are individuals who access participating businesses’ customer-facing Tapily pages through NFC cards, QR codes, or other authorized methods.

Customers ordinarily do not need to download the Tapily mobile application or create an account to submit service requests.

4. Business Account Registration

Businesses must provide accurate registration, contact, and billing information.

Each Business is responsible for:

• Maintaining accurate account information.
• Designating authorized administrators.
• Managing staff access.
• Assigning employees to appropriate roles and sections.
• Configuring service locations and tap points.
• Protecting account credentials.
• Preventing unauthorized access.
• Complying with applicable laws.

Tapily may request reasonable verification of business identity or representative authority.

5. Staff Accounts and Permissions

Staff may access Tapily through authorized invitations, registration procedures, or other supported onboarding methods.

Staff accounts must be associated with an authorized participating Business.

Businesses determine staff roles, permissions, and assignments, subject to available platform controls.

Businesses must promptly revoke access when staff members leave, change responsibilities, or are no longer authorized.

Staff must not share credentials, impersonate other users, or access information outside their authorized responsibilities.

Use of Tapily does not create an employment relationship between Tapily and a participating Business’s staff.

6. Customer Access Through NFC Cards and QR Codes

Customers may access a participating Business’s Tapily service page by tapping an NFC card or scanning a QR code.

The service page may be associated with a specific table, room, section, department, counter, or other service location.

Customers may submit requests, send messages, receive responses, and provide optional feedback.

Customers are not required to install the Tapily employee application to access standard customer-facing services.

Tapily provides the digital communication infrastructure.

The participating Business is responsible for delivering the underlying physical service.

7. Service Requests and Session Management

Customer service sessions may begin when a customer accesses a Tapily-enabled service page and initiates an interaction.

During an active session, authorized staff may receive requests, communicate with customers, and update request statuses.

A session may be closed when:

• The requested service has been completed.
• An authorized employee closes the interaction.
• A supported customer action ends the session.
• An applicable inactivity timeout occurs.
• The session is terminated for operational or security reasons.

Closing a session ends the active interaction.

Closing a session does not automatically erase its historical records.

Tapily does not guarantee that a participating Business will acknowledge or fulfill every request within a particular period unless expressly agreed in writing.

8. Historical Service Records, Monitoring, and Training

Tapily maintains historical records of customer service sessions, including completed and closed sessions.

These records may include:

• Customer requests.
• Service messages.
• Assigned staff members.
• Request and response timestamps.
• Service status changes.
• Completion information.
• Customer ratings and reviews.
• Associated service locations.
• Related operational activity.

Historical records may be made available to authorized Business administrators for legitimate purposes, including:

• Operational monitoring.
• Service quality assurance.
• Employee training.
• Performance evaluation.
• Complaint investigation.
• Dispute resolution.
• Customer experience improvement.
• Business analytics and reporting.

Participating Businesses acknowledge that these historical records form part of Tapily’s service management functionality.

Businesses are responsible for providing required privacy and workplace monitoring notices and for using historical records lawfully.

Tapily may retain, restrict, delete, aggregate, or de-identify records in accordance with its Privacy Policy, documented retention schedule, applicable agreements, and legal requirements.

Businesses must not use historical records for unlawful surveillance, discriminatory employment practices, or unauthorized disclosure.

9. NFC Cards, QR Codes, and Tap Point Configuration

Tapily may supply, generate, configure, and program NFC cards, QR codes, and associated service identifiers.

Businesses are responsible for supplying accurate configuration information, including:

• Business locations.
• Sections and departments.
• Table numbers.
• Alphanumeric table identifiers.
• Room numbers.
• Service area names.
• Staff assignments.
• Tap point quantities.

Businesses must verify that physical cards and QR codes are assigned to the intended service locations.

Tapily may deactivate, replace, or reassign compromised or incorrectly configured identifiers.

Businesses must not tamper with, redirect, duplicate, or misuse Tapily-issued identifiers in a manner that compromises security or service integrity.

Hardware ownership, replacement costs, and permitted reuse are governed by applicable purchase terms.

10. Subscription Plans and Pricing

Certain Tapily features require a paid subscription.

Subscription plans, prices, included features, introductory offers, usage limits, and setup fees will be disclosed during checkout or in an applicable order form.

Tapily may offer standard monthly subscriptions and promotional introductory rates.

Promotional pricing applies only under the terms presented when the subscription is purchased.

An introductory price is not guaranteed indefinitely unless expressly stated.

Businesses authorize Tapily or its designated payment processor to charge the selected payment method for applicable fees and authorized purchases.

Taxes may be charged where required by law.

11. Recurring Billing and Automatic Renewal

Subscriptions identified as automatically renewing will renew for the disclosed billing period unless canceled in accordance with the applicable purchase terms.

The subscription’s renewal frequency, price, and material billing conditions will be disclosed before purchase.

Tapily may provide billing notices or renewal reminders as required by applicable law.

Changes to recurring charges will be communicated in accordance with applicable legal requirements and the subscription agreement.

12. Cancellation and Refunds

Businesses may cancel subscriptions through the cancellation methods made available by Tapily.

Unless otherwise required by law or expressly agreed, cancellation prevents future renewal charges and does not automatically entitle the Business to a refund for an already-started billing period.

Cancellation becomes effective according to the terms disclosed during subscription purchase.

Deleting a staff account does not automatically cancel a Business subscription.

Tapily’s applicable refund policy will govern eligible refunds, credits, and billing disputes.

13. Hardware Purchases, Shipping, and Fulfillment

Where a Business purchases NFC cards or related materials:

• Product quantities and prices will be disclosed before checkout.
• Shipping charges and available delivery options will be presented where applicable.
• Fulfillment may require confirmation of table numbers, sections, and tap point assignments.
• Businesses must provide accurate shipping and configuration information.
• Estimated delivery dates are not guaranteed unless expressly stated.

Returns, damaged shipments, incorrect programming, replacements, and lost packages are subject to Tapily’s applicable hardware fulfillment and return policy.

14. Customer Ratings and Reviews

Customers may voluntarily submit ratings, reviews, and feedback regarding their service experiences.

Feedback may be associated with a particular employee, service session, business, or service location.

Participating Businesses may use feedback for legitimate service improvement, training, recognition, and performance evaluation.

Customer ratings reflect individual opinions and are not necessarily verified statements of fact.

Users must not submit reviews that are knowingly false, threatening, harassing, discriminatory, defamatory, or otherwise unlawful.

Businesses and staff must not manipulate ratings, impersonate customers, or improperly pressure customers to submit favorable reviews.

Tapily may restrict or remove content that violates these Terms or applicable law.

15. Acceptable Use

Users must not:

• Access another Business’s information without authorization.
• Attempt to bypass authentication or security controls.
• Introduce malicious software or interfere with platform operations.
• Engage in fraud or unlawful conduct.
• Impersonate other individuals.
• Harass or threaten customers or staff.
• Submit knowingly false or abusive service requests.
• Misuse customer or employee information.
• Create unauthorized NFC or QR redirects.
• Use Tapily for unlawful surveillance.
• Scrape or extract information without authorization.
• Infringe intellectual property rights.
• Use Tapily in violation of applicable laws.

Tapily may investigate suspected violations and take reasonable corrective action, including restricting access.

16. Business Responsibilities

Participating Businesses are responsible for:

• Providing the underlying services requested by customers.
• Maintaining appropriate staffing.
• Responding to requests in a timely and professional manner.
• Maintaining safe physical premises.
• Complying with consumer protection and accessibility laws.
• Complying with employment and workplace monitoring laws.
• Providing legally required privacy notices.
• Managing employee accounts and permissions.
• Maintaining appropriate procedures for emergencies.
• Using customer information and historical records lawfully.
• Maintaining applicable business licenses and insurance.

Tapily does not independently operate participating Businesses.

17. Emergency Services Disclaimer

Tapily is not an emergency response system.

Customers must not rely on Tapily to request police, fire, emergency medical services, or other urgent emergency assistance.

In an emergency, individuals should contact local emergency services or seek immediate assistance through appropriate channels.

Tapily does not guarantee instant response times or continuous availability.

Participating Businesses should maintain appropriate alternative emergency procedures.

18. Service Availability

Tapily seeks to provide reliable services but cannot guarantee uninterrupted or error-free operation.

Service functionality may be affected by:

• Internet connectivity.
• Mobile network availability.
• Device compatibility.
• NFC or QR code configuration.
• Damaged or incorrectly installed hardware.
• Third-party service outages.
• Scheduled maintenance.
• Security incidents.
• Other circumstances beyond reasonable control.

Any specific service-level guarantees must be established in a separate written agreement.

19. Data Ownership and Privacy

Participating Businesses retain their lawful rights in information they submit or control through Tapily, subject to individual privacy rights and applicable law.

Tapily retains ownership of its software, technology, platform, designs, documentation, and intellectual property.

Businesses grant Tapily the limited rights necessary to host, process, transmit, secure, and display authorized information for the provision of services.

Personal information is processed in accordance with Tapily’s Privacy Policy and any applicable data processing agreement.

Businesses must not use information obtained through Tapily for unauthorized marketing, unlawful surveillance, or purposes inconsistent with applicable privacy notices.

Tapily may use aggregated or appropriately de-identified operational information for legitimate product improvement and analytics, subject to applicable law and contractual restrictions.

20. Intellectual Property

Tapily and its licensors retain all rights, title, and interest in the Tapily platform, trademarks, software, user interfaces, documentation, and proprietary technology.

Authorized users receive a limited, nonexclusive, nontransferable right to use Tapily during the applicable service period, subject to these Terms.

No ownership of Tapily intellectual property is transferred to users or participating Businesses.

Users must not misuse Tapily’s trademarks, branding, or proprietary materials.

21. Feedback and Product Suggestions

Users may voluntarily submit suggestions, feature requests, or feedback concerning Tapily.

Tapily may use general product feedback to improve its services, subject to applicable confidentiality, privacy, and intellectual property obligations.

This provision does not authorize unrestricted use of personal information or confidential Business information.

22. Third-Party Services

Tapily may integrate with third-party payment processors, hosting providers, app marketplaces, authentication providers, and communications services.

Third-party products and services may be subject to their own terms and privacy policies.

Tapily is not responsible for independent third-party conduct outside its reasonable control, except as required by applicable law.

23. Confidentiality

Each party receiving confidential business or technical information from another party must protect that information using reasonable care.

Confidential information may be disclosed where authorized, necessary to perform the services, or required by law.

Confidentiality obligations do not override statutory privacy rights or authorize unlawful processing of personal information.

24. Account Suspension and Termination

Tapily may suspend or terminate access for material violations of these Terms, nonpayment, fraud, security threats, or unlawful use, subject to applicable law and contractual notice requirements.

Businesses may terminate subscriptions according to the applicable cancellation terms.

Following termination, access to paid features may cease.

Historical records, account information, and other data will be handled according to Tapily’s Privacy Policy, retention schedule, applicable agreements, and legal requirements.

Account termination does not necessarily result in immediate deletion of all historical records.

25. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR EXPRESS WARRANTIES PROVIDED IN A SEPARATE WRITTEN AGREEMENT, TAPILY PROVIDES ITS SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TAPILY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT TO THE EXTENT SUCH DISCLAIMERS ARE LAWFUL.

TAPILY DOES NOT GUARANTEE THAT A PARTICIPATING BUSINESS WILL RESPOND TO OR COMPLETE A PARTICULAR CUSTOMER REQUEST.

NOTHING IN THESE TERMS EXCLUDES RIGHTS OR WARRANTIES THAT CANNOT LAWFULLY BE EXCLUDED.

26. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAPILY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM USE OF THE SERVICES, EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED.

FOR CLAIMS BETWEEN TAPILY AND A PAYING BUSINESS, TAPILY’S AGGREGATE CONTRACTUAL LIABILITY WILL NOT EXCEED THE FEES PAID OR PAYABLE BY THAT BUSINESS TO TAPILY DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, UNLESS A SEPARATE SIGNED AGREEMENT PROVIDES OTHERWISE.

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED, INCLUDING FRAUD, WILLFUL MISCONDUCT, OR OTHER NONEXCLUDABLE OBLIGATIONS.

27. Indemnification

To the extent permitted by law, participating Businesses agree to defend and indemnify Tapily against third-party claims arising from:

• Unlawful operation or misuse of Tapily.
• Failure to provide lawful underlying services.
• Violation of applicable laws.
• Unauthorized processing or disclosure of information.
• Infringement of third-party intellectual property rights.
• Material breach of these Terms.

This obligation does not extend to claims caused by Tapily’s own negligence, misconduct, breach, or other liability to the extent prohibited by law.

Applicable indemnification procedures may be established in separate written agreements.

28. Governing Law and Dispute Resolution

Unless applicable law requires otherwise, these Terms are governed by the laws of the State of South Carolina, United States, without regard to conflict-of-law principles.

Any mandatory arbitration agreement, class-action waiver, or exclusive dispute resolution procedure must be separately reviewed and adopted in accordance with applicable law.

29. Changes to These Terms

Tapily may update these Terms to reflect changes in services, technology, business practices, or legal requirements.

Material changes will be communicated as required by law or applicable agreements.

Where affirmative acceptance is legally required, Tapily will obtain it before revised Terms apply.

30. Severability and Entire Agreement

If any provision is determined unenforceable, the remaining provisions will continue in effect to the extent legally permissible.

These Terms, together with applicable order forms, referenced policies, and signed agreements, constitute the agreement governing the services they cover.

Failure to enforce a provision does not automatically waive the right to enforce it later.

31. Contact Information

Tapily, LLC

Email: legal@tapily.com