Terms of Use

TAPMATE sells physical NFC products, including tags, cards, and bundles, through the in-app store. By placing an order you agree to the following:

• Product Descriptions: All product images, dimensions, and descriptions are indicative only. Actual products may vary slightly from promotional materials.
• Stock Availability: Orders are subject to stock availability at the time of fulfilment. If an item is unavailable after payment, we will contact you to offer an alternative or full refund.
• Shipping: Estimated shipping timescales are provided at checkout and are not guaranteed. TAPMATE is not liable for delays caused by carriers, customs, or circumstances beyond our control.
• Risk of Loss: Risk of loss and title for physical products pass to you upon delivery to the carrier.
• Returns & Refunds for Physical Goods: Defective or incorrectly shipped items may be returned within 14 days of receipt. Change-of-mind returns are at our discretion. Refunds for physical products are separate from subscription refunds and are processed back to your original payment method.
• No Warranty: Physical products are provided without warranty beyond any statutory rights you may have under applicable consumer protection law.

TAPMATE may offer an optional business setup service in connection with physical product purchases. This service involves TAPMATE staff configuring your account on your behalf.

• What is Included: Setup may include assigning NFC tags to your account, copying a starter menu onto your profile from TAPMATE-owned templates or share codes, and pre-configuring basic profile details.
• Not Custom Content Creation: Menu content copied during setup is sourced from TAPMATE's own templates. We do not create original written, visual, or branded content on your behalf.
• Your Responsibility: You are solely responsible for reviewing, updating, and maintaining your menu and profile content after setup. TAPMATE is not liable for any inaccuracies in pre-configured content that you fail to correct.
• Limited Account Access: Staff access to your account during setup is limited strictly to initial configuration. We do not access, monitor, or modify your account outside of agreed setup activities.
• Acceptance of Setup: By accepting a setup service, you authorise TAPMATE staff to make the described changes to your account.

TAPMATE allows users to generate share codes for their menus, enabling other users to create a copy of that menu on their own account.

• One-Time Deep Copy: A share code grants the recipient a one-time licence to create an independent copy of the shared menu. The copy is entirely separate from the original once created.
• Ownership: The original menu owner retains full ownership of their version. The recipient owns their copy. Neither party has any ongoing claim over the other's version.
• Content Responsibility: Copied content remains subject to these Terms in full, including all prohibited content and acceptable use rules. Copying a menu does not transfer any exemption or entitlement from the original owner to the recipient.
• Admin Use: TAPMATE staff may use share codes to populate starter menus during business setup services (see Section 6). This constitutes authorised use of the share feature.
• No Warranty of Accuracy: TAPMATE makes no guarantee that shared or copied menu content is accurate, up-to-date, or appropriate for the recipient's use case. Recipients are responsible for reviewing all copied content.

TAPMATE collects analytics data each time an NFC tag or profile link is scanned or visited. This data is used to provide tag owners with performance insights.

• Data Collected: Each scan may record the visitor's IP address, approximate location derived from that IP address (city-level only — not precise GPS), device type, scan timestamp, and referrer source.
• Visitor Awareness: Scan data is collected from visitors who have not themselves agreed to these Terms. Tag owners are responsible for ensuring their use of TAPMATE analytics complies with applicable privacy laws in their jurisdiction, including notifying visitors where required.
• Location Accuracy: IP-based location data is approximate. TAPMATE makes no warranty as to its accuracy and it should not be used for precise geolocation purposes.
• Data Access: Tag owners can view their scan analytics through their TAPMATE dashboard. TAPMATE may also use aggregated, anonymised scan data for internal product improvement purposes.
• Retention: Scan data is retained for as long as your account is active and for a reasonable period thereafter. You may request deletion of your account data in accordance with our Privacy Policy.
• Compliance: If you operate in jurisdictions with specific data collection notice requirements (including but not limited to the EU/EEA under GDPR or California under CCPA), you are solely responsible for providing appropriate notices to your visitors.

TAPMATE's SMS Connect feature allows tag visitors to send a pre-filled SMS message to the tag owner, and may automatically trigger a contact card download for returning visitors.

• Phone Number Visibility: By enabling SMS Connect on your profile, you consent to your phone number being displayed to any visitor who scans your tag or visits your profile. Do not enable this feature if you do not wish your number to be publicly visible.
• Pre-Fill Messages: You are solely responsible for the content of any pre-fill message configured in SMS Connect. Pre-fill messages must comply with all applicable anti-spam, marketing, and communications laws in your jurisdiction, including but not limited to the Telephone Consumer Protection Act (TCPA) in the United States and the Privacy and Electronic Communications Regulations (PECR) in the United Kingdom.
• Contact Card Downloads: The automatic contact card download feature operates on a returning visitor basis and does not constitute explicit consent by the visitor to receive future communications. You must not use any phone number obtained through SMS Connect for unsolicited marketing or bulk messaging.
• No Liability for Unsolicited Contact: TAPMATE is not responsible for any unsolicited, unwanted, or harassing communications that result from use of the SMS Connect feature. Any legal liability arising from misuse of contact information obtained through SMS Connect rests solely with the tag owner.

TAPMATE enables tag owners to collect visitor contact details through a lead capture form displayed on their public menu page. This feature is available to premium and business subscribers.

• Data Collected: When a visitor submits the lead form, TAPMATE stores the visitor's name, email address, and optionally their phone number, a custom question response, the submission source, a consent timestamp, and an IP address (used for rate limiting only and not displayed to the tag owner).
• Consent Requirement: The lead capture form includes a mandatory consent checkbox that the visitor must tick before submitting. Tag owners may not alter, remove, or bypass this consent mechanism.
• Data Controller: For the purposes of applicable data protection law, the tag owner is the data controller for leads collected through their menu. TAPMATE acts as a data processor on the owner's behalf. Tag owners are solely responsible for ensuring their use of collected lead data complies with all applicable laws in their jurisdiction, including but not limited to the CAN-SPAM Act (USA), the General Data Protection Regulation (EU/EEA), the Privacy and Electronic Communications Regulations (UK), and any other applicable anti-spam or marketing laws.
• Owner Responsibilities: Tag owners must not use collected lead data for unsolicited bulk communications, sell lead data to third parties, or use it in any manner inconsistent with the consent the visitor provided at the time of submission.
• GDPR Right to Erasure: Visitors who wish to have their data deleted may request erasure by contacting the tag owner directly or by emailing support@tapmate.io. TAPMATE will action verified deletion requests on the owner's behalf where the owner cannot be reached.
• Webhook & CRM Integrations: Business tier owners may configure outbound webhooks to forward lead data to third-party services (e.g., Zapier, GoHighLevel). The owner is solely responsible for any data flows to third-party services they configure. TAPMATE is not responsible for the privacy practices of those services.
• Retention: Lead data is retained for as long as the owner's account is active. Owners may delete individual leads at any time from their leads dashboard.

IMPORTANT SECURITY NOTICE:

• No Guarantee of Tag Lock: Not all NFC tags distributed by TAPMATE are guaranteed to have locking mechanisms enabled. Some promotional, free, or early-release tags may lack lock protection.
• Overwrite Risk: NFC tags without lock protection can be overwritten by third parties with NFC-capable devices. TAPMATE is NOT responsible for tags that are overwritten, compromised, or altered by external parties.
• Recovery Services: While we may attempt to assist with recovering overwritten tags, we provide no guarantee of successful recovery and are under no obligation to restore compromised tags.
• Password-Protected Tags: TAPMATE provides an optional passcode feature that restricts visitor access to a tag's destination. While this feature adds a layer of access control, TAPMATE makes no warranty as to its effectiveness as a security mechanism. Passcode protection does not prevent physical overwriting of the tag itself and should not be relied upon as a primary security control.
• User Responsibility: You are solely responsible for protecting your physical NFC tags from unauthorized access or tampering.
• Third-Party Actions: TAPMATE disclaims all liability for malicious or unauthorized modifications to your tags by third parties.

DISCLAIMER: TAPMATE does not monitor, control, or endorse user-generated content or external links.

• No Responsibility: We are NOT responsible for malicious links, inappropriate content, or harmful destinations created by users.
• User Discretion: Users and visitors access external links and content at their own risk and discretion.
• No Endorsement: Links or redirects created by users do not constitute endorsement by TAPMATE.
• Third-Party Services: Buttons or links that route visitors to third-party services — including but not limited to Google Calendar, Google Maps, Google Reviews, or any other external platform — are subject to those services' own terms of use and privacy policies. TAPMATE has no control over third-party destinations after a visitor clicks a link.
• Reporting: Users should report malicious or inappropriate content immediately via support@tapmate.io.

TAPMATE is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We expressly disclaim:

• Any guarantee of service availability, reliability, or security
• Warranty that the service will be error-free or uninterrupted
• Responsibility for NFC tag functionality, durability, or lock security
• Liability for third-party actions affecting your tags or links
• Any warranties regarding user-generated content or external links
• Accuracy or fitness for purpose of analytics data, including IP-based location data
• Effectiveness of password-protected tag features as a security or access control mechanism

MAXIMUM LIABILITY LIMITATION:

To the maximum extent permitted by law, TAPMATE, its officers, directors, employees, and affiliates shall NOT be liable for:

• Direct Damages: Any direct, indirect, incidental, special, consequential, or punitive damages
• Financial Loss: Loss of profits, revenue, data, or business opportunities
• Criminal Activity: Any criminal activity, harm, or illegal actions by users
• Tag Compromise: Overwritten, compromised, or malfunctioning NFC tags
• Malicious Content: Harm caused by malicious links or inappropriate content created by users
• Third-Party Actions: Actions, content, or services of third parties, including third-party platforms linked from user menus
• Service Interruption: Service downtime, data loss, or technical failures
• Personal Injury: Any physical, emotional, or psychological harm
• Physical Products: Product defects, shipping delays, or fulfilment issues beyond our direct control
• Setup Service: Inaccuracies in pre-configured content that you fail to review and correct after setup
• SMS Connect: Unsolicited contact, legal liability, or regulatory penalties arising from your use of the SMS Connect feature
• Lead Capture: Regulatory penalties, privacy law violations, or misuse of visitor data collected through the Lead Capture feature
• Analytics Data: Decisions made in reliance on scan analytics, including inaccurate IP-based location data

Our maximum liability, if any, shall not exceed the total amount you paid to TAPMATE in the 12 months preceding the claim.