Terms and Conditions of Service

Effective Date: May 1, 2026  ·  Last Updated: May 2026

1. Definitions

The following definitions apply throughout these Terms:

  • “Services” means all products, NFC merchandise, platform access, digital solutions, campaign management, analytics, and related services provided by Tap2Interact.
  • “NFC Merchandise” means any physical item embedded with near-field communication (NFC) technology programmed or supplied by Tap2Interact.
  • “Platform” means the Tap2Interact web-based dashboard, analytics tools, Tap AI interface, and any related software applications.
  • “Campaign” means a digital experience, landing page, AI agent, or content destination that is linked to NFC Merchandise.
  • “Client Content” means any text, images, videos, branding, data, or other materials you supply for use in a Campaign or on NFC Merchandise.
  • “Order” means a confirmed purchase of NFC Merchandise or Services submitted by you or on your behalf.
  • “Agreement” means these Terms together with any Statement of Work, Order Confirmation, or other written agreement between you and Tap2Interact.

2. Services

2.1 Scope of Services

Tap2Interact provides NFC-enabled promotional merchandise, interactive digital campaign solutions, AI-powered brand experiences (“Tap AI”), event platform tools, analytics dashboards, and related professional services. The specific deliverables for each engagement are described in an Order Confirmation or Statement of Work (“SOW”).

2.2 Platform Access

Subject to payment of applicable fees, Tap2Interact grants you a limited, non-exclusive, non-transferable license to access and use the Platform solely for your internal business purposes during the term of the Agreement. You may not sublicense, resell, or provide third-party access to the Platform without our prior written consent.

2.3 Tap AI Services

Tap AI features are powered by third-party large language model (LLM) technology. Tap2Interact does not warrant that AI-generated responses will be accurate, complete, or suitable for any particular purpose. You are responsible for reviewing AI-generated content before it is made available to end users. We reserve the right to modify, suspend, or discontinue Tap AI functionality at any time with reasonable notice.

2.4 Service Changes

We reserve the right to modify, update, or discontinue any Service or Platform feature at any time. Where material changes affect your active Campaigns, we will provide reasonable advance notice.

3. Orders and Payment

3.1 Order Confirmation

All Orders are subject to acceptance by Tap2Interact. An Order is deemed accepted upon our written confirmation. We reserve the right to decline any Order for any reason, including product availability or compliance concerns.

3.2 Pricing

Prices are quoted in U.S. dollars unless otherwise stated. All quotes are valid for thirty (30) days from the date of issuance. Pricing is subject to change without notice prior to Order confirmation. Accepted pricing is fixed for that Order.

3.3 Payment Terms

Unless otherwise agreed in writing, payment terms are as follows:

  • Orders under $5,000 USD: Payment in full due prior to production commencement.
  • Orders $5,000 USD and above: 50% deposit required to commence production; balance due prior to shipment.
  • Platform subscription fees: Billed monthly or annually as specified in your plan.

Invoices not paid within thirty (30) days of the due date may accrue interest at 1.5% per month (or the maximum permitted by law, whichever is lower). You are responsible for all collection costs, including reasonable attorney’s fees.

3.4 Taxes

All fees are exclusive of applicable sales tax, use tax, VAT, or similar taxes. You are responsible for all taxes associated with your purchase, except for taxes based on Tap2Interact’s net income.

3.5 Refunds and Cancellations

Due to the custom nature of NFC merchandise:

  • Orders may be cancelled without charge within 24 hours of placement, provided production has not yet commenced.
  • Once production has commenced, cancellations are subject to a fee equal to costs incurred plus a 15% restocking and administrative fee.
  • Defective or non-conforming merchandise will be replaced or refunded at our discretion. Claims must be submitted within fifteen (15) days of delivery with supporting documentation.
  • Digital Platform subscriptions may be cancelled with thirty (30) days written notice. No refunds are issued for partial subscription periods.

4. Production and Delivery

4.1 Lead Times

Standard production lead times are provided at the time of quoting and are estimates only. Tap2Interact is not liable for delays caused by supply chain disruptions, shipping carrier delays, force majeure events, or late delivery of Client Content.

4.2 Client Content Submission

You agree to provide all required artwork, copy, branding assets, and Campaign content by the agreed deadline. Delays in submitting Client Content may extend the production timeline and Tap2Interact will not be held liable for resulting delays.

4.3 Proofs and Approval

Tap2Interact will provide digital proofs of merchandise artwork and Campaign landing pages prior to production. You are responsible for reviewing and approving all proofs. Once written approval is received, Tap2Interact bears no liability for errors that were present in the approved proof.

4.4 Shipping and Risk of Loss

Title and risk of loss transfer to you upon delivery to the carrier. Tap2Interact is not responsible for loss, damage, or delay during shipping. You are responsible for all shipping costs unless otherwise agreed in writing.

5. Intellectual Property

5.1 Client Content

You retain all intellectual property rights in Client Content. By submitting Client Content, you grant Tap2Interact a limited, royalty-free license to use, reproduce, and display your Client Content solely as necessary to provide the Services. You represent and warrant that you own or have the necessary rights to all Client Content and that its use by Tap2Interact will not infringe any third-party rights.

5.2 Tap2Interact Technology

Tap2Interact retains all rights, title, and interest in and to the Platform, NFC programming technology, Tap AI technology, software, tools, templates, methodologies, and all related intellectual property. Nothing in these Terms transfers any such rights to you.

5.3 Portfolio and Case Study Rights

Unless you have requested confidentiality in writing, Tap2Interact reserves the right to display your NFC merchandise and Campaign results in our portfolio, case studies, website, social media, and marketing materials. If you prefer your project remain confidential, please notify us in writing prior to your Order being placed.

6. Data, Privacy, and Analytics

6.1 Campaign Analytics

The Tap2Interact Platform collects anonymized engagement data (tap events, device type, location, and campaign interactions) from end-user interactions with NFC Merchandise. This data is made available to you through the Platform dashboard. You agree to use this data only for legitimate business purposes in accordance with applicable law.

6.2 End User Data

If your Campaign collects personal information from end users (such as email addresses, names, or other identifiers), you are solely responsible for:

  • Providing adequate notice and obtaining any required consent from end users.
  • Maintaining a compliant privacy policy on your Campaign landing page.
  • Complying with all applicable privacy laws, including but not limited to GDPR, CCPA, and CAN-SPAM.

Tap2Interact acts as a data processor with respect to personal data you collect via the Platform. Our data processing practices are described in our Privacy Policy, available at tap2interact.com/policies/privacy-policy.

6.3 Data Security

Tap2Interact implements industry-standard technical and organizational measures to protect Platform data. However, no system is completely secure. You are responsible for maintaining the confidentiality of your Platform credentials and for all activity that occurs under your account.

6.4 Data Retention

Campaign data is retained on the Platform for the duration of your active subscription plus ninety (90) days. Upon termination, you may request an export of your data within that 90-day window. After this period, data may be permanently deleted.

7. Acceptable Use

You agree not to use the Services, Platform, or NFC Merchandise to:

  • Violate any applicable federal, state, local, or international law or regulation.
  • Transmit spam, unsolicited communications, or deceptive content.
  • Infringe any third party’s intellectual property, privacy, or other rights.
  • Distribute malware, viruses, or other harmful code.
  • Engage in phishing, fraud, or impersonation of any person or entity.
  • Collect or harvest personal data from end users without proper disclosure and consent.
  • Use Tap AI to generate content that is false, defamatory, obscene, hateful, or otherwise harmful.
  • Circumvent or attempt to circumvent any security, access control, or rate-limiting feature of the Platform.

We reserve the right to suspend or terminate your access to the Platform immediately if we reasonably believe you are in violation of this Section, without refund of any prepaid fees.

8. Warranties and Disclaimers

8.1 Tap2Interact Warranties

Tap2Interact warrants that: (a) NFC Merchandise will conform materially to agreed specifications at the time of delivery; and (b) the Platform will perform materially in accordance with its documentation during your subscription term. Your sole remedy for breach of these warranties is replacement of the non-conforming merchandise or correction of the Platform issue, at our discretion.

8.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8.1, THE SERVICES, PLATFORM, NFC MERCHANDISE, AND TAP AI ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

8.3 Client Warranties

You represent and warrant that: (a) you have the authority to enter into this Agreement; (b) all Client Content is accurate and does not infringe any third-party rights; and (c) your use of the Services complies with all applicable laws.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • TAP2INTERACT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO TAP2INTERACT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Tap2Interact, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or related to: (a) your use of the Services or Platform; (b) your Client Content; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

11. Term and Termination

11.1 Term

These Terms are effective upon your first use of the Services or acceptance of an Order and remain in effect until terminated as set forth herein.

11.2 Termination by Client

You may terminate Platform access at any time by providing thirty (30) days written notice. You remain responsible for all fees incurred through the termination date.

11.3 Termination by Tap2Interact

We may suspend or terminate your access immediately, with or without notice, if: (a) you breach these Terms and fail to cure the breach within ten (10) business days of notice; (b) you fail to make a timely payment; (c) we reasonably believe your continued access poses a risk to the Platform or other users; or (d) we are required to do so by law.

11.4 Effect of Termination

Upon termination: (a) your Platform license terminates immediately; (b) outstanding invoices become immediately due; (c) Sections 5, 6, 8, 9, 10, 12, and 13 survive termination.

12. Confidentiality

Each party may have access to proprietary or confidential information of the other party (“Confidential Information”). Each party agrees to: (a) keep Confidential Information strictly confidential using at least the same level of care it uses to protect its own confidential information (but no less than reasonable care); (b) use Confidential Information only as necessary to perform obligations under these Terms; and (c) not disclose Confidential Information to any third party without the other party’s prior written consent, except as required by law.

13. General Provisions

13.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising under or related to these Terms shall be resolved exclusively in the state or federal courts located in Orange County, California, and each party consents to the jurisdiction of such courts.

13.2 Dispute Resolution

Before initiating formal legal proceedings, both parties agree to attempt to resolve any dispute informally by providing written notice of the dispute and engaging in good-faith negotiations for at least thirty (30) days. This requirement does not apply to claims for injunctive relief or intellectual property disputes.

13.3 Force Majeure

Neither party will be liable for delays or failures in performance caused by events beyond their reasonable control, including natural disasters, acts of government, supply chain disruptions, labor disputes, or internet outages. The affected party will provide prompt written notice and use commercially reasonable efforts to resume performance.

13.4 Entire Agreement

These Terms, together with any Order Confirmations, SOWs, and our Privacy Policy, constitute the entire agreement between you and Tap2Interact with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, representations, or understandings.

13.5 Amendments

We may update these Terms at any time by posting a revised version at tap2interact.com/policies/terms-and-conditions. Material changes will be communicated via email or a notice on the Platform at least thirty (30) days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

13.6 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

13.7 Waiver

No waiver by either party of any breach or default hereunder shall constitute a waiver of any subsequent breach or default. Waivers must be in writing to be effective.

13.8 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Tap2Interact may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets.

13.9 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their permitted successors and assigns. Nothing herein confers any rights or remedies on any other person or entity.

14. Contact Information

For questions about these Terms, please contact us:
Tap2Interact : DigitizeYourBrand LLC

Website: tap2interact.com
Email: legal@tap2interact.com
Mailing Address: 28562 Oso Pkwy D106, Rancho Santa Margarita, CA, 92688-0216

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