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Terms & Conditions

Last Updated: September 26, 2025

PLEASE READ THESE TERMS CAREFULLY.

This document constitutes a legally binding agreement (“Agreement” or “Terms of Service”) between you, as an individual or entity (“User,” “you,” or “your”), and eloyaltynow Inc., doing business as TapNRate.io (“Company,” “we,” “us,” or “our”), a corporation duly organized, incorporated, and registered under the laws of the Province of Ontario, Canada, with its principal place of business located at 1060 Britannia Road E, #5, Mississauga, Ontario, Canada L4W 4T1, governing your access to, use of, or interaction with our website located at https://tapnrate.io (the “Site”), and any services, features, content, applications, or software made available by us in connection therewith (collectively, the “Services”).

By accessing, browsing, using, or otherwise interacting with the Services, you acknowledge that you have read, understood, and agree to be bound by each and every provision of this Agreement, including any modifications, amendments, or updates hereto that may be issued from time to time, regardless of whether or not you receive notice of such modifications. If you do not agree to be bound by all of the terms and conditions herein, you must immediately cease all use and access to the Services, and refrain from any interaction or engagement therewith.

The Services are intended solely for individuals who are eighteen (18) years of age or older. By using the Services, you affirm, represent, and warrant that you are of legal age to enter into a binding agreement and to use the Services in accordance with all applicable laws, rules, and regulations. Please retain a copy of this Agreement for your records.

Please retain a copy of this Agreement for your records.

1. DEFINITIONS AND INTERPRETATIONS

For purposes of this Agreement, the following definitions shall apply unless the context expressly indicates otherwise:

  • Company” refers to eloyaltynow Inc., including its subsidiaries, affiliates, agents, and assigns
  • Services” means the entirety of the offerings provided by the Company, whether delivered via website, mobile applications, software, APIs, or any other mechanism, now or in the future
  • User Content” or “Contributions” refers to any text, images, videos, feedback, reviews, or any other materials submitted, posted, or uploaded by users in connection with the Services
  • Third-Party Content” refers to any content, services, advertisements, links, or software not owned or controlled by the Company but accessible through or alongside the Services

Headings are provided for convenience only and shall not limit or define the scope of any section.

2. DESCRIPTION OF SERVICES

The Company provides access to reputation management tools, digital feedback collection systems, NFC and QR code solutions, and related services designed to assist businesses in managing customer reviews, ratings, and online reputation (“Services”). The Services include, without limitation, software applications, web portals, APIs, analytics dashboards, mobile applications, electronic communications, notifications, automated alerts, and all associated content.

While the Company endeavors to provide comprehensive, uninterrupted access to the Services, the Services are offered “as is” and “as available”, subject to technical limitations, third-party dependencies, and regulatory compliance across multiple jurisdictions. Users accessing the Services outside of Canada or the United States do so entirely at their own risk, and the Company makes no warranty or guarantee regarding legal compliance in foreign jurisdictions.

3. INTELLECTUAL PROPERTY AND OWNERSHIP RIGHTS

All content, design, software, trademarks, trade names, logos, domain names, graphics, audio, video, text, and other materials made available in connection with the Services are the exclusive property of the Company or its licensors. Users are granted only a limited, non-exclusive, non-transferable, revocable license to access and use the Services for internal business purposes, and may not reproduce, modify, distribute, display, perform, sell, or create derivative works without express written permission.

User contributions remain the property of the user but are subject to a worldwide, royalty-free, perpetual, irrevocable license granted to the Company to use, distribute, modify, publicly display, or create derivative works.

4. USER REPRESENTATIONS AND WARRANTIES

By accessing or using the Services, you affirm, warrant, and represent that:

  • You are at least eighteen (18) years of age.
  • You have full legal capacity to enter into this Agreement
  • All information submitted is accurate, truthful, and complete
  • Your use of the Services will comply with all applicable local, provincial, federal, and international laws.
  • You will not circumvent or interfere of thewith any security measures Services

5. REGISTRATION, ACCOUNT SECURITY, AND ACCOUNT RESPONSIBILITIES

Users who register for the Services are responsible for maintaining the confidentiality of their account credentials and are fully responsible for all activity under their accounts. Any unauthorized access must be reported immediately to legal@tapnrate.io. The Company reserves the right to suspend, limit, or terminate accounts at its sole discretion for violations of these Terms.

6. PAYMENT TERMS, FEES, AND BILLING

All fees for Services, including subscriptions, one-time payments, and add-on features, are as specified at the time of purchase. All payments are non-refundable unless explicitly stated otherwise. Users agree to provide valid, current, and complete payment information, and authorize the Company to charge applicable fees via the chosen payment method.

7. SUBSCRIPTIONS AND RECURRING SERVICES

Subscription services are billed in advance on a recurring basis. The Company reserves the right to modify fees with thirty (30) days’ notice. Users are responsible for updating billing information to avoid service interruptions.

8. PROHIBITED CONDUCT AND ACTIVITIES

Users shall not:

  • Violate any applicable laws or regulations
  • Post illegal, defamatory, obscene, or offensive content
  • Attempt to interfere with the Services or servers
  • Engage in unauthorized data harvesting or scraping

Violation may result in immediate termination, legal action, or reporting to authorities.

9. USER-GENERATED CONTENT, CONTRIBUTIONS, AND POSTINGS

Users retain ownership of their submissions but grant the Company a worldwide, royalty-free, perpetual license to use, modify, reproduce, distribute, display, and promote such content in connection with the Services.

10. LICENSE GRANT TO USER CONTRIBUTIONS

By submitting any content, you automatically grant the Company the right to modify, display, distribute, sublicense, or otherwise use your content for any business purpose without further consent.

11. REVIEW GUIDELINES AND FEEDBACK POLICIES

All reviews submitted through the Services must comply with honest, non-fraudulent, non-defamatory, and lawful standards. The Company reserves the right to remove any content deemed inappropriate or in violation of these Terms.

12. THIRD-PARTY CONTENT, SITES, AND SERVICES

The Services may contain, link to, or provide access to third-party content, websites, applications, advertisements, or services (collectively, “Third-Party Services”). Such Third-Party Services are not under the Company’s control, and the Company makes no representation or warranty regarding their accuracy, completeness, reliability, or legality.

By accessing Third-Party Services, you acknowledge and agree that:

  • Your interactions with third parties, including any purchases, agreements, or communications, are solely between you and such third party.
  • The Company shall have no liability or responsibility for any loss, damage, or dispute arising from your use of Third-Party Services.
  • Inclusion of any link or reference to a Third-Party Service does not imply endorsement, sponsorship, or approval by the Company.

13. SERVICE AVAILABILITY, MODIFICATIONS, AND MAINTENANCE

While the Company endeavors to maintain continuous availability of the Services, you acknowledge and agree that:

  • The Services may be temporarily unavailable due to maintenance, updates, or technical issues, including those caused by third-party providers or external networks.
  • The Company reserves the right, in its sole discretion, to modify, suspend, or discontinue any portion of the Services at any time, without prior notice.
  • No compensation, refund, or liability shall be due for temporary service interruptions, modifications, or changes in functionality.

14. PRIVACY POLICY AND DATA HANDLING

Your use of the Services is subject to the Company’s Privacy Policy, which is incorporated herein by reference. By using the Services, you consent to the collection, use, and processing of personal information in accordance with the Privacy Policy, including:

  • Storage of data in U.S. data centers
  • Global transmission of information across borders
  • Processing, aggregation, and anonymization of collected data

You are solely responsible for ensuring that your use of the Services complies with all applicable privacy and data protection laws in your jurisdiction.

15. COPYRIGHT INFRINGEMENT AND DMCA PROCEDURES

The Company respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) containing:

  • A physical or electronic signature of the copyright owner or authorized representative
  • Identification of the copyrighted work
  • Identification of the infringing material and location
  • A statement of good faith belief that the use is unauthorized
  • A statement under penalty of perjury that the information is accurate

The Company will respond expeditiously to remove or disable access to infringing material.

16. TERM, TERMINATION, AND ACCOUNT CLOSURE

This Agreement remains in effect until terminated by either party. You may terminate your account at any time by following the procedures in your account settings. The Company may terminate or suspend your account immediately, without notice, for violation of these Terms, illegal activity, or conduct that may harm the Services, other users, or third parties. Termination does not affect obligations incurred prior to termination.

17. MODIFICATIONS TO TERMS

The Company reserves the right to update, modify, or revise these Terms at any time, in its sole discretion. Users are responsible for regularly reviewing the Terms. Continued use of the Services after modifications constitutes acceptance of the revised Terms.

18. GOVERNING LAW, JURISDICTION, AND COMPLIANCE

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles. You consent to the exclusive jurisdiction of the courts located in Ontario, Canada for any disputes arising out of or relating to these Terms. Users accessing the Services outside of Canada agree to comply with all local laws, regulations, and ordinances applicable in their jurisdiction.

19. DISPUTE RESOLUTION AND ARBITRATION

Any disputes, claims, or controversies arising out of or relating to this Agreement or the Services shall first be attempted to be resolved through good faith negotiation. If unresolved within thirty (30) days, the dispute shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA) or equivalent Canadian arbitration bodies, except where prohibited by law.

Arbitration shall take place in Mississauga, Ontario, Canada, unless otherwise agreed. You agree that arbitration will be conducted on an individual basis and not as a class, consolidated, or representative action.

20. CORRECTIONS, ERRORS, AND INACCURACIES

The Services may contain typographical errors, inaccuracies, or omissions. The Company makes no representation or warranty regarding the accuracy, reliability, or completeness of any content, information, or service availability. The Company reserves the right to correct errors, modify content, and update information at any time without prior notice.

21. DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.

The Company does not guarantee uninterrupted service, error-free operation, or the accuracy of any information, content, or feedback collected through the Services.

22. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities
  • Loss of data, information, or content
  • Interruption of business
  • Any other damages arising from use of the Services

The Company’s total liability for all claims shall not exceed the total fees paid by the User to the Company in the 12 months preceding the claim.

23. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising from or related to:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of applicable laws
  • Your User Content or contributions

24. USER DATA RESPONSIBILITIES

You are solely responsible for the collection, maintenance, and security of any data you input, upload, or process using the Services. The Company does not assume any responsibility for the loss, corruption, or misuse of such data.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using the Services, you consent to receive electronic communications from the Company. Electronic records, agreements, notices, and disclosures shall have the same legal effect as paper-based communications, and electronic signatures shall be considered valid and binding.

26. SMS AND MOBILE TEXT MESSAGING

If you elect to receive notifications, alerts, or other communications via SMS or mobile text, you agree to:

  • Provide a valid mobile number
  • Receive messages that may include service reminders, promotional content, or account updates
  • Bear any fees or charges imposed by your mobile carrier

You may opt out at any time by following instructions provided in the message or your account settings.

27. GLOBAL OPERATIONAL COMPLIANCE

The Services are offered globally, but the Company is incorporated in Canada with data infrastructure primarily located in North America. Users outside Canada or the U.S. are responsible for complying with all local laws, regulations, and restrictions governing the import, export, use, or dissemination of the Services, including data protection and privacy obligations.

28. MISCELLANEOUS PROVISIONS

  • Severability: If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
  • Waiver: The Company’s failure to enforce any right shall not constitute a waiver of such right.
  • Assignment: You may not assign or transfer your rights or obligations without prior written consent. The Company may assign its rights or obligations without restriction

29. CONTACT INFORMATION AND NOTICES

For legal notices, inquiries, or concerns regarding these Terms:

eloyaltynow Inc. / TapNRate.io
1060 Britannia Road E, #5 Mississauga, Ontario, Canada L4W 4T1
Email: legal@tapnrate.io Phone: +1 (888) 231-0123