Terms of Service

These Terms of Service ("Agreement") govern access to and use of the software services and optional physical products ("Service" and "Products") provided by Tapify ("Tapify", "we", "our", or "us").

By:

purchasing access to the Service through our website,
signing up for a free plan,
ordering Products, or
clicking to accept when prompted,

you agree to be bound by these Terms as the individual or entity ("Customer") accepting them. If you are accepting on behalf of an organization, you confirm that you have authority to bind that organization. If you do not have such authority, or if you do not agree to these Terms, you must not use the Service or order Products.

Some aspects of the Products may be covered by separate terms (such as return, shipping, or warranty policies). Where applicable, those separate terms will be clearly referenced and will take precedence.

Capitalized terms used in this Agreement are defined throughout.

2. The Service

2.1. Description

Tapify provides a cloud-based platform for creating and managing digital business cards (the "Service"). The Service may include features such as templates, interface tools, documentation, and other resources intended to help Customers and Users interact with and benefit from the Service ("Tapify Content").

Any data or content submitted to the Service by Users is considered a User Submission. The Customer is solely responsible for all User Submissions made through its account, whether by Administrators or other Users. Ownership of User Submissions is addressed in Section 9.2.

The Customer does not receive access to the software code, infrastructure, or any downloadable software. The Service is offered only in a hosted (software-as-a-service) format.

2.2. Access and Use

During the applicable subscription term and subject to these Terms, Tapify grants the Customer a limited, non-exclusive, non-transferable right to access and use the Service.

Access is permitted only by individuals authorized by the Customer and solely for internal business or personal use. These individuals include Users added by the Customer, as well as Users on the free plan.

The Customer may assign one or more individuals as Administrators, who are responsible for managing the Customer's account, Users, access permissions, and configuration settings. Administrators act on behalf of the Customer and have the authority to make changes within the Service.

Tapify is not responsible for the setup, maintenance, or oversight of User or Administrator roles.

2.3. Ownership

Tapify owns all rights, title, and interest in and to the Service, including the software, Tapify Content, documentation, and all underlying technology ("Tapify Materials"). This includes any updates, enhancements, or modifications made to the Service.

Except for the limited rights expressly granted in this Agreement, no other licenses or rights are transferred to the Customer. All rights not explicitly granted are reserved.

2.4. Permissions

Certain parts of the Service may allow Users to assign permissions to others. It is solely the Customer's responsibility to manage all such permissions. Tapify is not liable for how permissions are set or used by Users.

The Customer may allow its Affiliates to use the Service, provided the Affiliate agrees to be bound by these Terms. The Customer remains fully responsible for any access or use by its Affiliates, including compliance with this Agreement and payment of applicable fees.

3. Restrictions

3.1. Customer Responsibilities

The Customer is responsible for all activity occurring under its account, including actions taken by Users and Administrators. This includes any use of the Service that does not comply with this Agreement.

The Customer must ensure that all Users, including those on the free plan, are aware of and comply with these Terms. The Customer is responsible for any breach of the Agreement by its Users or Administrators.

Tapify is not responsible for unauthorized access to the Customer's account unless caused by a failure of the Service itself.

3.2. Acceptable Use

The Customer agrees not to, and not to allow any Users or third parties to:

copy, modify, or create derivative works based on the Service or Tapify Content;
reverse engineer, decompile, or otherwise attempt to extract the underlying source code of the Service, except as permitted by law;
sublicense, resell, lease, or otherwise provide access to the Service to any third party, except as expressly authorized under this Agreement;
remove or obscure any proprietary notices, branding, or disclaimers;
use the Service in violation of any applicable laws or regulations;
access or use the Service to build a competing product or service;
attempt to probe, scan, or test the security or availability of the Service;
interfere with or disrupt the integrity or performance of the Service, including by introducing malware or initiating denial-of-service attacks.

3.3. Suspension

If Tapify determines that the Customer's use of the Service presents a security risk, causes material harm to Tapify, or violates this Agreement, we may suspend access to the Service. We will provide notice and a reasonable opportunity to resolve the issue where feasible. Suspension will be limited to only those accounts directly involved and will be lifted as soon as the issue is resolved.

3.4. Third-Party Services

The Service may work together with third-party platforms, applications, or services that are not owned or controlled by Tapify ("Third-Party Services"). The Customer may choose, at its sole discretion, to use such Third-Party Services.

If required for interoperability, the Customer may provide Tapify with login credentials or access tokens for the sole purpose of enabling the Service to function with the selected Third-Party Service. The Customer represents and warrants that it has the right to share such credentials and that doing so does not violate any applicable third-party terms.

Tapify does not endorse or guarantee the performance, availability, or security of any Third-Party Service. The Customer acknowledges that:

this Agreement does not govern the Customer's relationship with any Third-Party Service,
separate terms and privacy policies may apply to their use, and
any issues or liabilities arising from Third-Party Services must be resolved with the relevant provider.

Use of Third-Party Services is at the Customer's own risk. Tapify disclaims all responsibility and liability for any issues related to Third-Party Services, including interruptions, data loss, or incompatibility.

4. Payment Obligations

4.1. Fees

The Customer agrees to pay all applicable fees for use of the Service and for any ordered Products ("Fees"). These may include:

subscription fees,
one-time charges for physical Products,
or additional charges for upgrades or add-ons.

Fees are exclusive of VAT and other applicable taxes unless stated otherwise. All payment obligations are non-cancellable and, except where expressly stated, non-refundable.

Tapify may adjust its pricing from time to time. If the Customer does not agree to updated pricing, it may choose not to renew its subscription.

4.2. Payment Terms

Payments are processed via Stripe, Tapify's third-party payment processor, and may be made using various methods including credit card, bank transfer, and location-based options such as iDEAL. The currency is determined based on the Customer's location:

EUR for Customers within the EU,
USD for all other regions, unless stated otherwise.

The Customer authorizes Tapify or its processor to charge the provided payment method for recurring and one-time Fees. It is the Customer's responsibility to keep billing details current and accurate.

For Products, payment is due at the time of order unless otherwise agreed in writing.

4.3. Taxes

The Customer is responsible for all applicable taxes, levies, or duties associated with purchases. If Tapify is required to collect taxes, these will be added to the invoice. A valid VAT number or exemption certificate must be provided before payment if applicable.

4.4. Failure to Pay

If the Customer fails to pay any Fees when due, Tapify may:

suspend access to the Service,
withhold delivery of any pending Products, or
disable the functionality of any Products already provided until payment is received.

Tapify (or its payment processor) may retry failed payments multiple times without limit. If the Customer believes an invoice is incorrect, they must notify Tapify within 60 days of the invoice date to request a correction or credit.

Tapify will review disputed charges and provide a written decision, including any relevant documentation. If the charges are determined to be valid, the Customer must pay the outstanding amount within 10 days of notification.

5. Term and Termination

5.1. Term

This Agreement becomes effective on the date the Customer first accepts it and remains in effect for as long as the Customer uses the Service or Products, including during any free plan usage or active subscription period.

Subscriptions to the Service begin on the start date specified at the time of purchase and continue for the duration of the chosen billing cycle (e.g., monthly or annual). Subscriptions automatically renew unless canceled prior to the renewal date.

The Customer may cancel a paid subscription at any time through their account settings or by notifying Tapify in writing. Cancellation prevents future charges but does not entitle the Customer to a refund for the current billing period unless required by law or specifically stated in this Agreement.

5.2. Termination for Cause

Either party may terminate this Agreement with written notice if the other party materially breaches its obligations and fails to cure that breach within 30 days of receiving notice.

Tapify may also terminate or suspend access to the Service or free plans at any time if continued use would pose legal, security, or operational risks.

5.3. Effect of Termination

If the Customer terminates this Agreement due to Tapify's uncured breach, Tapify will refund any unused, prepaid subscription fees for the remainder of the current billing period. If Tapify terminates this Agreement due to the Customer's uncured breach, the Customer will remain responsible for any unpaid Fees for the remainder of that billing period.

Termination does not relieve the Customer of payment obligations accrued prior to the termination date.

Upon termination:

all access to the Service will be disabled;
any rights or licenses granted to the Customer under this Agreement will end;
Tapify may delete the Customer's User Information, files, and User Submissions within 30 days, unless a longer retention period is required by law.

At the Customer's written request, Tapify will delete User Information and Submissions earlier than the standard 30-day period, provided this does not conflict with Tapify's legal obligations or internal recordkeeping requirements.

6. Warranties and Disclaimers

6.1. Product Warranty

Tapify warrants that physical Products will be free from material defects in workmanship and materials at the time of delivery. This warranty applies only to defects caused by faulty manufacturing, construction, or materials.

This warranty does not apply in cases of:

normal wear and tear,
damage resulting from accidents, misuse, negligence, or improper handling,
unauthorized modifications, or
situations where the cause of the defect cannot be clearly established.

Risk of loss, damage, or theft passes to the Customer upon legal or physical delivery of the Products, or once the Products are in the possession of the Customer or a third party acting on their behalf.

Any specific return or replacement processes are outlined in Tapify's separate Shipping and Return policy, which will govern in the event of conflict with this Agreement.

6.2. Service Warranty

The Customer represents and warrants that all use of the Service, including User Submissions, complies with applicable laws and regulations.

Unless otherwise agreed in writing between the parties (such as in a separate support or service-level agreement), Tapify provides the Service "as is" and "as available", without any warranties or guarantees of:

uninterrupted or error-free operation,
suitability for a specific purpose, or
compatibility with specific platforms or devices.

6.3. Third-Party Services

Tapify makes no warranties or representations regarding any Third-Party Services, including their availability, security, or performance. The Customer's use of such services is entirely at their own risk and subject to third-party terms.

6.4. No Implied Warranties

To the maximum extent permitted by law, all implied warranties—including merchantability, fitness for a particular purpose, and non-infringement—are disclaimed.

Some jurisdictions may not allow certain warranty exclusions. In such cases, these exclusions apply only to the extent permitted by applicable law.

7. Limitation of Liability

To the maximum extent permitted by applicable law, and notwithstanding anything to the contrary in this Agreement:

Tapify will not be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to:

loss of use, revenue, profits, or goodwill,
data loss or corruption,
service interruption or delay,
system failure or malfunction,
errors in transmission or compatibility, or
breaches of system security,

even if Tapify has been advised of the possibility of such damages.

In no event will Tapify's total liability arising out of or related to this Agreement exceed the total amount paid or payable by the Customer to Tapify for the Service in the 12-month period preceding the event that gave rise to the claim.

These limitations apply regardless of the legal theory (whether contract, tort, including negligence, strict liability, or otherwise), and will apply even if any limited remedy fails of its essential purpose.

8. Confidentiality

8.1. Definition

Each party ("Receiving Party") may receive or access confidential business, technical, or financial information from the other party ("Disclosing Party") in connection with this Agreement. This includes any non-public information that, by its nature or the circumstances of disclosure, should reasonably be understood to be confidential ("Confidential Information").

For Tapify, this includes non-public information about the Service's features, functionality, and performance. For the Customer, this includes User Information, User Submissions, and account-related data. This Agreement itself and any associated Orders are deemed Confidential Information of both parties.

Confidential Information does not include information that:

is or becomes publicly available through no breach of this Agreement,
was known to the Receiving Party before disclosure,
is received from a third party without breach of confidentiality obligations, or
is independently developed without use of the Disclosing Party's Confidential Information.

8.2. Obligations

The Receiving Party agrees to:

protect Confidential Information with at least the same level of care it uses for its own confidential information (and no less than reasonable care),
only use Confidential Information as needed to fulfill its obligations under this Agreement,
restrict disclosure to employees, contractors, or advisors who need access and are bound by equivalent confidentiality obligations, and
not disclose Confidential Information to any third party without prior written consent from the Disclosing Party.

The Receiving Party may disclose Confidential Information if required by law, provided it gives advance notice (where legally permitted) and cooperates with any effort to challenge or limit the disclosure.

8.3. Feedback

The Customer may provide feedback, suggestions, or ideas about the Service ("Feedback"). Tapify may use such Feedback without restriction, attribution, or compensation, including to improve its Service, provided it does not identify the Customer publicly without permission.

9. Data

9.1. User Information

To access the Service, Users may be required to provide certain personal and technical information, such as names, email addresses, IP addresses, device/browser details, and other usage data ("User Information").

The Customer grants Tapify and its subprocessors the right to store, process, and use User Information as necessary to:

provide the Service,
resolve support or technical issues,
meet legal obligations, or
carry out functions explicitly permitted by the Customer.

The Customer is responsible for obtaining all necessary rights and permissions to share User Information with Tapify and confirms that such sharing does not violate any laws or third-party rights.

9.2. User Submissions

User Submissions include any content, details, or materials uploaded, created, or managed through the Service by Users. The Customer retains ownership of all User Submissions.

The Customer grants Tapify a non-exclusive, worldwide, royalty-free license to use, host, process, and display User Submissions solely to provide and maintain the Service.

Tapify does not claim ownership over any User Submissions and does not access or share such data except as necessary to operate the Service or comply with the law.

9.3. Service Data

Tapify may collect anonymized and aggregated data about how the Service is accessed and used ("Service Data") to maintain and improve the performance, reliability, and usability of the Service.

Tapify owns all rights to such aggregated Service Data, provided it does not include any personal data or identifiers that would reveal the identity of the Customer or its Users.

9.4. Data Security and Processing

Tapify implements technical and organizational measures to protect User Information and User Submissions against unauthorized access, loss, misuse, or alteration. These include encryption, access controls, and secure infrastructure.

All personal data is processed in accordance with Tapify's Privacy Policy, which includes details on data retention, GDPR rights, and how Users or Customers can exercise their data access or deletion rights.

The Customer remains responsible for maintaining the security of its own devices, login credentials, and network environment.

10. General Terms

10.1. Publicity

With the Customer's prior written approval, Tapify may identify the Customer as a user of the Service and may use the Customer's name, logo, or other identifying marks in Tapify's marketing materials, website, or public communications. This use will always be in accordance with any brand guidelines or conditions provided by the Customer.

10.2. Force Majeure

Neither party will be liable for any delay or failure to perform its obligations (except payment obligations) if the delay or failure is due to an event beyond its reasonable control. This includes, but is not limited to, natural disasters, labor disputes, power outages, utility or internet interruptions, acts of government, civil unrest, war, terrorism, pandemic-related disruptions, or failures of third-party providers. The affected party will notify the other party promptly and make reasonable efforts to resume performance as soon as possible.

10.3. Changes to the Agreement

Tapify may revise these Terms from time to time. Material changes will be communicated to the Customer via email or through the Service at least 30 days before they take effect. The updated Terms will be published at tapify.app/terms.

Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If the Customer does not agree to the changes, they may terminate their subscription as outlined in Section 5.

10.4. Relationship of the Parties

The parties are independent contractors. This Agreement does not create any partnership, joint venture, employment, agency, or fiduciary relationship. Neither party may bind the other or act on its behalf without prior written consent.

10.5. No Third-Party Beneficiaries

This Agreement is solely for the benefit of the Customer and Tapify. It does not confer any rights or remedies on any third party, including Users who are not party to this Agreement.

10.6. Notices

Notices under this Agreement must be in writing and sent to the email addresses provided by the parties.

Notices to Tapify should be sent to support@tapify.app.
Notices to the Customer will be sent to the primary email associated with their account or delivered through the Service interface.

Notices sent via email will be considered given on the business day after they are sent, and notices delivered through the Service will be considered given the same day.

10.7. Amendments and Waivers

Any amendment or waiver of any provision of this Agreement must be in writing and agreed to by both parties. A delay or failure to enforce any provision will not be considered a waiver of that provision or any other.

10.8. Severability

If any provision of this Agreement is found to be unenforceable, that provision will be modified to the extent necessary to make it enforceable. If modification is not possible, it will be severed, and the remaining provisions will remain in full effect.

10.9. Assignment

The Customer may not assign or transfer this Agreement, in whole or in part, without Tapify's prior written consent. Tapify may assign this Agreement without the Customer's consent in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any unauthorized assignment will be void. This Agreement will bind and benefit the parties and their permitted successors and assigns.

10.10. Governing Law and Jurisdiction

This Agreement and any disputes arising out of or related to it will be governed exclusively by the laws of the Netherlands, without regard to its conflict of law rules or the United Nations Convention on Contracts for the International Sale of Goods.

The parties agree that all disputes will be subject to the exclusive jurisdiction of the competent courts of the Netherlands, and each party consents to the personal jurisdiction of those courts.

10.11. Dispute Resolution and Class Action Waiver

To the extent permitted by applicable law, the parties agree that any dispute, claim, or controversy arising out of or relating to this Agreement will be resolved on an individual basis and exclusively through binding arbitration or the competent courts of the Netherlands, as stated in Section 10.10.

The parties further agree:

No class or collective actions may be brought by either party;
Disputes must be resolved only in the parties' individual capacities, and not as a plaintiff or class member in any purported class or representative proceeding;
Any arbitration proceeding shall be conducted in the Netherlands, in English or Dutch, and under the rules of a recognized arbitration body.

10.12. Indemnification

The Customer agrees to indemnify, defend, and hold harmless Tapify and its affiliates, officers, directors, employees, and agents from and against any claims, demands, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:

the Customer's or its Users' violation of this Agreement or applicable law;
any User Submissions that infringe the rights of a third party;
the misuse of the Service or Products by the Customer, its Users, or Administrators;
a breach of the Customer's obligations regarding data, including failure to obtain appropriate rights or consents.

Tapify will provide prompt notice of any claim and cooperate reasonably in the defense. The Customer may not settle any claim without Tapify's prior written consent if the settlement imposes an obligation on Tapify or admits fault.

10.13. Entire Agreement

This Agreement, including any referenced documents such as the Privacy Policy or order forms, constitutes the entire agreement between the Customer and Tapify regarding the Service. It supersedes all prior or contemporaneous agreements, communications, and understandings, whether oral or written.