TAP Rewards Terms of Service
Effective Date: Jan 1, 2025
Welcome to TAP Rewards (“TAP,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of TAP Rewards, including our mobile application, website, and all related services (the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, please do not use the Platform.
1. Introduction
1.1 Purpose
These Terms outline the rules and obligations for using the TAP Platform. They also explain how TAP operates, how rewards are earned and redeemed, and your responsibilities as a user or merchant.
1.2 Changes to Terms
TAP reserves the right to modify these Terms at any time. Significant changes will be communicated to you via email or in-app notifications. Continued use of the Platform after updates constitutes acceptance of the revised Terms.
1.3 Additional Terms
Certain features of the Platform may be governed by additional terms or policies. In such cases, those additional terms will apply in conjunction with these Terms.
2. Definitions
2.1 Platform: Refers to the TAP Rewards app, website, and any services offered.
2.2 User: Any individual who creates an account or uses the Platform to earn or redeem rewards.
2.3 Merchant: A business that participates in the TAP Rewards ecosystem, offering rewards to users and utilizing Platform features.
2.4 Rewards: Points earned by users through the Platform, which can be redeemed in the TAP Rewards Marketplace.
2.5 Third-Party Providers: Companies that assist in processing payments, storing data, or providing ancillary services (e.g., Stripe).
3. Eligibility
3.1 Minimum Age
To use the TAP Rewards Platform, you must be at least 18 years old, or the legal age of majority in your jurisdiction. By creating an account, you represent and warrant that you meet this age requirement. TAP reserves the right to request proof of age or terminate accounts that violate this provision.
3.2 Legal Compliance
You agree to use the TAP Platform only in compliance with all applicable local, national, and international laws and regulations. This includes, but is not limited to, laws governing privacy, consumer protection, and electronic communications. It is your responsibility to ensure that your use of the Platform does not violate any legal obligations.
3.3 Residency Restrictions
The TAP Platform is intended for use in jurisdictions where it is legally permitted. TAP may restrict or deny access to users in certain countries or regions to comply with applicable laws, regulations, or business considerations. You acknowledge and agree that TAP is not liable for any lack of access in restricted jurisdictions.
3.4 Prohibited Users
The following individuals or entities are prohibited from using the TAP Platform:
• Users whose accounts have been previously suspended or terminated by TAP for violations of these Terms or fraudulent activity.
• Users located in jurisdictions where the TAP Platform is not authorized for use.
• Users using the Platform to compete with TAP Rewards, reverse-engineer its technology, or exploit its features.
3.5 User Representations
By using the Platform, you represent and warrant that:
• You meet all eligibility requirements specified in these Terms.
• The information you provide to TAP is truthful, accurate, and up-to-date.
• You have the legal authority to enter into these Terms and use the Platform.
• You will not use the Platform for any unauthorized or unlawful purposes.
3.6 Business and Organization Use
For merchants and businesses participating in the TAP ecosystem, you must have the legal authority to bind your organization to these Terms. If you are registering on behalf of a business entity, you represent that you have the necessary permissions to do so.
3.7 Violation of Eligibility Requirements
TAP reserves the right to suspend or terminate your account immediately if you are found to have violated any eligibility requirements. TAP may also take additional legal action if necessary to protect its interests or comply with regulatory obligations.
4. Account Creation and Maintenance
4.1 Account Registration
To access the features and benefits of the TAP Rewards Platform, you must create an account by completing the registration process. When registering, you agree to:
• Provide accurate, current, and complete information, including your name, email address, and any other required details.
• Promptly update your account information if it changes to ensure its accuracy and completeness.
Failure to provide accurate information may result in suspension or termination of your account and the forfeiture of any rewards earned.
4.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree to:
• Notify TAP immediately if you suspect any unauthorized access to your account or any security breach.
• Ensure that you log out of your account at the end of each session if using a shared device.
• Take all reasonable measures to secure your account credentials, including using a strong password and avoiding sharing it with others.
TAP is not liable for any unauthorized access to your account resulting from your failure to comply with these obligations.
4.3 Account Usage
Your account is personal to you and may not be transferred, sold, or assigned to any other individual or entity. You agree to use your account exclusively for lawful purposes and in compliance with these Terms.
Prohibited uses of your account include, but are not limited to:
• Creating multiple accounts to abuse rewards or promotional offers.
• Using your account to impersonate another person or entity.
• Sharing or pooling accounts with others to maximize rewards in violation of these Terms.
4.4 Account Suspension or Termination
TAP reserves the right to suspend or terminate your account at its sole discretion for any of the following reasons:
• Violation of these Terms, including fraudulent activity or abuse of the rewards system.
• Submission of false or misleading information during registration or account use.
• Prolonged inactivity, defined as 270 days, which may result in the forfeiture of earned rewards.
• Any activity TAP deems harmful to the operation, security, or reputation of the Platform.
If your account is terminated, you may lose access to your earned rewards, and TAP may take further legal action if necessary. You will be notified of the suspension or termination via email or in-app notification.
4.5 User-Initiated Account Deactivation
You may deactivate your TAP account at any time by contacting our customer support team at team@gettaprewards.com. Upon account deactivation:
• You will lose access to your earned rewards and any remaining balance of points.
• TAP will retain certain data as required by applicable laws or for legitimate business purposes, as outlined in the TAP Privacy Policy.
4.6 Account Verification
TAP reserves the right to request verification of your identity to confirm the accuracy of your account details and protect against fraudulent activity. Verification may include:
• Submitting a valid government-issued identification document.
• Providing additional information to validate your transactions or referrals.
Failure to complete the verification process may result in account suspension or limitation of features.
4.7 Prohibition of Multiple Accounts
Each user is permitted to maintain only one account unless explicitly authorized by TAP. Creating or operating multiple accounts to exploit the Platform, rewards, or promotions is strictly prohibited and may result in immediate termination of all associated accounts.
4.8 Account Data
By creating an account, you acknowledge and agree that TAP may collect and process your data in accordance with our Privacy Policy. This includes:
• Information collected during registration.
• Activity data associated with your account, including purchases, referrals, and reviews.
For more details on how your data is used, please review our Privacy Policy.
4.9 Account Support
If you encounter any issues with your account, you may contact TAP support at team@gettaprewards.com. TAP will make reasonable efforts to assist you but is not responsible for any loss of access or rewards due to user error or negligence.
5. Use of the Platform
5.1 Permitted Activities
The TAP Rewards Platform is designed to enhance your experience with local merchants by allowing you to earn and redeem rewards, refer others, and engage with the TAP community. By using the Platform, you agree to:
• Use it for personal, non-commercial purposes unless expressly authorized by TAP.
• Adhere to these Terms and any additional guidelines provided by TAP.
• Act in good faith and in a manner that enhances the experience of all Platform users, including merchants and other customers.
5.2 Prohibited Activities
To maintain the integrity of the TAP Platform, the following activities are strictly prohibited:
A. Fraudulent Behavior
• Attempting to earn rewards dishonestly, including false transactions, fake referrals, or automated actions.
• Manipulating the Platform to gain unearned rewards or advantages.
B. Unauthorized Access
• Accessing, or attempting to access, areas of the Platform that are not publicly available or intended for your use.
• Circumventing security measures, reverse engineering, or otherwise tampering with the Platform.
C. Abuse of the Platform
• Exploiting bugs, errors, or system vulnerabilities for personal gain.
• Spamming, harassing, or interfering with the operation of the Platform or the experience of other users or merchants.
D. Unlawful Activities
• Using the Platform to conduct or promote illegal activities.
• Violating any applicable laws or regulations while using TAP services.
E. Misrepresentation
• Providing false or misleading information during account creation, transactions, referrals, or reviews.
• Impersonating any person, business, or entity, or misrepresenting your affiliation with any other party.
TAP reserves the right to monitor, investigate, and take action against any user suspected of engaging in prohibited activities.
5.3 Community Standards
TAP fosters a respectful and inclusive environment for all users. As part of our community, you agree to:
• Engage respectfully with TAP staff, merchants, and other users.
• Avoid discriminatory, offensive, or abusive language or actions.
• Report violations of these Terms or other harmful behaviors to TAP.
Violations of community standards may result in suspension or termination of your account.
5.4 Platform Access and Availability
TAP strives to ensure the Platform is accessible and operational at all times. However, you acknowledge and agree that:
• Access to the Platform may be temporarily disrupted due to maintenance, updates, technical issues, or other circumstances beyond TAP’s control.
• TAP is not liable for any loss of rewards, data, or opportunities resulting from such disruptions.
• Certain features or services may vary by location or merchant participation.
5.5 Modifications to the Platform
TAP reserves the right to modify, enhance, or discontinue any aspect of the Platform at any time without prior notice. These modifications may include, but are not limited to:
• Adding or removing features, services, or merchant partnerships.
• Updating the terms and conditions for earning or redeeming rewards.
• Changing the structure of the Rewards Marketplace.
Significant changes will be communicated to users via email or in-app notifications.
5.6 License to Use
Subject to your compliance with these Terms, TAP grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for its intended purposes. This license does not grant you any ownership of the Platform or its content.
5.7 Responsibility for Devices
You are responsible for maintaining the security and functionality of the devices you use to access the TAP Platform. TAP is not liable for issues arising from:
• Incompatible devices or operating systems.
• Malware, viruses, or other malicious software affecting your device while using the Platform.
5.8 Reporting Misuse
If you encounter misuse, fraudulent activity, or violations of these Terms, you are encouraged to report them to TAP immediately at team@gettaprewards.com. TAP will investigate all reports and take appropriate action, including account suspension or termination.
5.9 Third-Party Services and Links
The TAP Platform may contain links to third-party websites, services, or advertisements. You acknowledge that:
• TAP does not endorse or control these third-party services.
• TAP is not responsible for the content, accuracy, or practices of third-party services.
• Your interactions with third-party services are governed by their respective terms and policies.
5.10 User-Generated Content
Users may submit reviews, referrals, or other content to the Platform. By submitting content, you grant TAP a non-exclusive, royalty-free, perpetual, and transferable license to use, reproduce, modify, and display your content in connection with the operation and promotion of the Platform. You agree that:
• Your content does not infringe on the rights of any third party.
• Your content does not contain offensive, defamatory, or illegal material.
• TAP reserves the right to review, moderate, or remove content at its sole discretion.
5.11 Limitation of Features
Certain features of the Platform may be subject to limitations, including:
• Merchant-specific rewards or promotions.
• Geographic availability of services.
• User eligibility for specific offers.
TAP reserves the right to impose or modify these limitations at any time.
6. Rewards System
6.1 Earning Points
TAP Rewards allows users to earn points for eligible activities conducted through the Platform. Points can only be earned when the following conditions are met:
• Purchases Through TAP App: Users earn points when completing transactions at participating merchants through the TAP App. Points are not awarded for purchases made outside the TAP App.
• Referrals: Points are awarded for successfully referring friends or merchants to the Platform. Referrals must meet specific criteria (e.g., the referred person must register and complete a qualifying activity).
• Reviews and Engagement: Users may earn points for leaving reviews or participating in specific Platform activities, such as completing challenges or promotions.
• Promotions: TAP may offer limited-time promotions that allow users to earn bonus points for specific activities.
Important Notes:
• Points are only credited after the transaction or activity is verified and completed.
• TAP reserves the right to set minimum spend thresholds or other criteria for earning points.
• Fraudulent or invalid transactions will not qualify for points.
6.2 Point Redemption
Users can redeem points for rewards in the TAP Rewards Marketplace, subject to the following terms:
• Rewards Availability: The availability of rewards is subject to change and may vary by region, merchant, or Platform partnerships.
• Point Value: The number of points required to redeem specific rewards is determined by TAP and may fluctuate based on demand or other factors.
• Non-Transferability: Points cannot be transferred between accounts or exchanged for cash or other currencies.
• Redemption Process: To redeem points, users must follow the instructions provided in the TAP App or Marketplace. All redemptions are final.
Important Notes:
• TAP does not guarantee the availability or suitability of rewards in the Marketplace.
• TAP is not responsible for rewards fulfilled by third parties (e.g., merchants or suppliers).
6.3 Expiration and Forfeiture of Points
Points earned through the TAP Platform may expire under the following circumstances:
• Inactivity: If a user’s account remains inactive for a period of 500 days, TAP reserves the right to deactivate the account and forfeit any remaining points.
• Account Closure: Points will be forfeited if a user’s account is terminated or deactivated, whether initiated by the user or TAP.
• Fraud or Misuse: Points earned through fraudulent activities, errors, or violations of these Terms may be revoked without notice.
Users will be notified prior to the expiration of points, where applicable.
6.4 Point Adjustments and Errors
TAP reserves the right to adjust point balances in the following situations:
• Errors: If points are credited or deducted incorrectly due to technical issues or user errors, TAP will correct the balance.
• Refunded Transactions: Points earned for refunded or reversed transactions will be deducted from the user’s account.
• Fraudulent Activity: Points associated with fraudulent activities or violations of these Terms will be revoked.
Users are encouraged to report discrepancies in their point balances to TAP within 48 hours of the transaction. TAP will review and resolve disputes at its sole discretion.
6.5 Bonus and Promotional Points
From time to time, TAP may offer bonus or promotional points to users for specific activities or milestones, such as:
• Completing challenges (e.g., visiting a certain number of merchants in a given period).
• Participating in seasonal promotions or events.
• Reaching spending thresholds.
Bonus points may be subject to additional terms, including expiration dates or limited redemption options. TAP reserves the right to modify or discontinue promotional offers at any time.
6.6 Limitations on Rewards System
While the rewards system is designed to enhance user experience, the following limitations apply:
• Point Cap: TAP may impose a cap on the number of points users can earn within a specific time frame.
• Geographic Restrictions: Certain rewards or promotions may only be available in specific regions or jurisdictions.
• Exclusions: Certain transactions or activities may be excluded from earning points, such as discounted purchases, gift card redemptions, or purchases made through third-party platforms.
6.7 Fraudulent and Abusive Practices
TAP maintains a zero-tolerance policy for fraud and abuse of the rewards system. Prohibited practices include, but are not limited to:
• Creating fake transactions to earn points.
• Referring accounts that are not genuine or controlled by the user.
• Exploiting bugs or vulnerabilities in the TAP system to gain unearned points.
• Manipulating referral codes or promotion terms.
TAP reserves the right to investigate and take action against accounts suspected of fraud or abuse. This may include revoking points, suspending accounts, or pursuing legal action.
6.8 No Cash Value
Points earned through TAP have no cash value and cannot be redeemed for money, credit, or any other financial instrument. Points are a digital asset solely for use within the TAP Rewards Platform.
6.9 User Responsibility
Users are responsible for monitoring their point balances and ensuring compliance with the rewards system guidelines. By participating, users agree to:
• Regularly check their point balances and activity logs for accuracy.
• Notify TAP immediately of any suspected errors or unauthorized activities.
• Comply with all applicable terms and conditions when earning or redeeming points.
6.10 TAP’s Rights Regarding Points
TAP retains full ownership and control over the rewards system and reserves the right to:
• Modify or terminate the rewards program at any time.
• Adjust the value, earning potential, or redemption requirements of points at its sole discretion.
• Suspend or discontinue the rewards program in specific jurisdictions due to legal or operational considerations.
TAP is not liable for any loss of points or rewards resulting from changes to the rewards system.
7. Merchant Responsibilities
Merchants who participate in the TAP Rewards Platform agree to comply with the following responsibilities and obligations. These requirements ensure a fair, transparent, and efficient ecosystem that benefits both merchants and users.
7.1 Merchant Eligibility
Merchants must meet the following criteria to participate in the TAP Rewards Platform:
• Legal Compliance: Merchants must be properly registered businesses operating in compliance with all applicable local, national, and international laws and regulations, including tax and licensing requirements.
• Verification: TAP reserves the right to request documentation to verify a merchant’s legal status, such as a business license, tax identification number, or proof of ownership.
• Approval Process: Participation is subject to TAP’s review and approval process. TAP may deny or revoke access to the Platform at its sole discretion if a merchant fails to meet these requirements.
7.2 Participation in the Rewards Program
Merchants are required to:
• Provide Accurate Information:
• Submit accurate business information, including name, address, contact details, and operating hours.
• Ensure that the description of services, products, and offers listed on the Platform is accurate and up-to-date.
• Set Clear Reward Terms:
• Clearly define the terms under which users can earn points at their business.
• Honor all reward terms and promotions as advertised on the TAP Platform.
• Honor Redemptions:
• Fulfill rewards, discounts, or benefits associated with points earned through the TAP Platform in a timely and professional manner.
7.3 Data Sharing and Anonymized User Insights
Merchants receive anonymized, user-specific data to improve their services and target their marketing efforts. Merchants must:
• Use Data Responsibly:
• Only use data provided by TAP for the purposes of improving their offerings or targeting rewards and promotions to TAP users.
• Prohibit the use of data for unauthorized purposes, including sharing it with third parties without prior TAP approval.
• Prohibited Data Usage:
• Merchants may not attempt to reverse-engineer anonymized data to identify individual users or collect personal information outside the TAP Platform.
• Data Security:
• Implement reasonable security measures to protect any TAP data they access from unauthorized access or breaches.
7.4 Marketing and Promotions
Merchants are encouraged to actively promote their participation in the TAP Rewards Platform. This includes:
• Advertising TAP:
• Displaying TAP-provided signage, digital assets, or promotional materials in their physical locations and on their digital platforms.
• Encouraging customers to download the TAP App and earn points for purchases.
• Compliance with Promotional Standards:
• Merchants must obtain TAP’s approval for any co-branded marketing campaigns or advertisements using TAP’s name or trademarks.
• Promotions targeting TAP users must align with TAP’s guidelines for transparency, fairness, and user engagement.
7.5 Payment Obligations
Merchants are responsible for all payment obligations related to their participation in the TAP Platform, including:
• Fees and Commissions:
• Pay any applicable fees or commissions to TAP, as outlined in the merchant agreement, for access to the Platform or user transactions.
• Timely Payments:
• Ensure that payments to TAP for fees, commissions, or other charges are made on time. TAP reserves the right to suspend or terminate a merchant’s access for non-payment.
• Dispute Resolution:
• Resolve any discrepancies in payment calculations with TAP promptly and in good faith.
7.6 Merchant Conduct
Merchants are required to conduct themselves in a professional and ethical manner when engaging with TAP users and other merchants. Specifically, merchants must:
• Provide High-Quality Service:
• Deliver services and products as advertised and in accordance with applicable laws and standards.
• Avoid Misrepresentation:
• Avoid false or misleading claims regarding their offerings, rewards, or participation in the TAP ecosystem.
• Prohibit Discriminatory Practices:
• Ensure that their services, promotions, and customer interactions comply with anti-discrimination laws and create an inclusive environment for all TAP users.
• Respect User Feedback:
• Acknowledge and address user reviews and complaints in a constructive and respectful manner.
7.7 Fraud Prevention and Prohibited Activities
Merchants must not engage in fraudulent, abusive, or deceptive practices. Prohibited activities include:
• Artificial Transactions:
• Generating false transactions to inflate point earnings or user engagement metrics.
• User Exploitation:
• Coercing or misleading users into making purchases solely to earn points without providing commensurate value.
• Platform Manipulation:
• Attempting to exploit or manipulate TAP systems, such as gaming referral systems or exploiting promotional offers.
• Non-Compete Restrictions:
• Merchants may not use TAP-provided data or features to develop competing loyalty programs without prior TAP consent.
7.8 Accountability for User Experience
Merchants are accountable for ensuring a positive user experience through:
• Ease of Redemption:
• Make the process of earning and redeeming points straightforward and transparent for users.
• Timely Communication:
• Respond promptly to user inquiries or complaints related to TAP rewards or transactions.
• Feedback Implementation:
• Actively address recurring complaints or feedback to improve services and maintain a high rating on the Platform.
7.9 Compliance with TAP Policies
Merchants agree to comply with all TAP policies and guidelines, which may be updated from time to time. These include, but are not limited to:
• Terms of Service:
• Adhering to these Terms and any additional agreements signed with TAP.
• Privacy Policy:
• Protecting the privacy and confidentiality of user data in accordance with TAP’s Privacy Policy.
• Security Standards:
• Maintaining secure payment systems and data handling processes.
7.10 Audits and Reviews
To ensure compliance with these Terms, TAP reserves the right to:
• Conduct Audits:
• Periodically audit merchant activity, including transaction logs and user engagement metrics.
• Review Merchant Performance:
• Evaluate merchant performance based on user feedback, redemption rates, and compliance with Platform standards.
• Enforce Corrective Actions:
• Require merchants to address deficiencies or violations identified during audits or reviews.
7.11 Termination of Merchant Participation
TAP may suspend or terminate a merchant’s access to the Platform for any of the following reasons:
• Violation of Terms:
• Non-compliance with these Terms or other TAP policies.
• Fraud or Misuse:
• Engaging in fraudulent activities, exploiting the Platform, or causing harm to users.
• Non-Payment:
• Failure to meet payment obligations to TAP.
• Poor Performance:
• Consistently negative user feedback or failure to maintain satisfactory standards.
Upon termination, merchants forfeit access to the Platform and any pending user data or features provided by TAP.
7.12 Indemnification
Merchants agree to indemnify and hold TAP harmless against any claims, damages, or losses arising from:
• Breaches of these Terms or other agreements.
• Legal or regulatory violations related to their business operations.
• User disputes stemming from a merchant’s products, services, or practices.
7.13 Modifications to Merchant Terms
TAP reserves the right to modify the terms of merchant participation at any time. Merchants will be notified of significant changes, and continued participation in the Platform constitutes acceptance of the revised terms.
8. Payment Processing
8.1 Third-Party Providers
All payments are processed securely through trusted third-party providers (e.g., Stripe). TAP does not store payment details.
8.2 Refunds
Refund requests must be directed to the participating merchant. TAP is not responsible for refunds or disputes related to merchant services.
9. Data Privacy and Security
9.1 Privacy Policy
Use of the Platform is subject to the TAP Privacy Policy, which explains how your data is collected, used, and shared.
9.2 Security Measures
TAP employs encryption and other safeguards to protect user data. However, no system is completely secure, and users accept the inherent risks of online activity.
10. Intellectual Property
This section outlines the ownership, usage rights, and restrictions concerning intellectual property related to the TAP Rewards Platform, its users, and participating merchants.
10.1 Ownership of TAP Intellectual Property
• Platform Content: All content, features, and functionality of the TAP Platform, including but not limited to text, graphics, logos, icons, images, videos, software, algorithms, and databases, are the exclusive property of TAP or its licensors.
• Trademarks: TAP’s trademarks, logos, and service marks (“Marks”) are proprietary and protected under applicable intellectual property laws. Unauthorized use of TAP’s Marks is strictly prohibited.
• Software: The TAP Platform, including its underlying code, architecture, and technology, is owned by TAP and may not be copied, modified, reverse-engineered, or redistributed without prior written consent.
10.2 Limited License to Users
Subject to compliance with these Terms, TAP grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for its intended purposes. This license is subject to the following restrictions:
• Personal Use Only: The Platform may only be used for personal, non-commercial purposes, unless expressly authorized by TAP.
• Prohibited Actions:
• Copying, distributing, or creating derivative works from the Platform content.
• Removing or altering copyright, trademark, or proprietary notices.
• Using automated tools, bots, or scraping technologies to extract Platform data.
TAP reserves the right to revoke this license at its discretion if users violate these Terms.
10.3 User-Generated Content
TAP allows users to submit content such as reviews, referrals, photos, or other contributions (“User-Generated Content”). By submitting such content, you agree to the following:
A. Grant of License
You grant TAP a non-exclusive, royalty-free, perpetual, irrevocable, transferable, and worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display your content in any media or format. This license allows TAP to:
• Display your content on the Platform to promote engagement with merchants.
• Use your content for marketing, advertising, and promotional purposes.
B. Representations and Warranties
By submitting content, you represent and warrant that:
• You own or have the necessary rights to your content and the rights to grant TAP the license described above.
• Your content does not infringe on the intellectual property rights, privacy rights, or any other rights of third parties.
• Your content does not contain defamatory, offensive, or unlawful material.
C. Content Moderation
TAP reserves the right to review, moderate, or remove User-Generated Content at its sole discretion, including content that:
• Violates these Terms.
• Is deemed inappropriate, harmful, or irrelevant to the Platform’s purpose.
• Infringes on the rights of others.
10.4 Merchant Intellectual Property
Merchants participating in the TAP Rewards Platform may submit their own branding, logos, images, and promotional materials for use on the Platform (“Merchant Content”). Merchants agree to the following:
A. License to TAP
By providing Merchant Content, you grant TAP a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute your content in connection with the operation and promotion of the Platform.
B. Ownership of Merchant Content
Merchants retain ownership of their intellectual property. However, TAP reserves the right to remove Merchant Content that violates these Terms, infringes on third-party rights, or fails to meet TAP’s quality standards.
10.5 Restrictions on Use of Intellectual Property
The following activities are strictly prohibited without prior written consent from TAP or its licensors:
• Commercial Exploitation: Using TAP’s intellectual property for commercial gain, outside of the authorized use of the Platform.
• Derivative Works: Creating, distributing, or selling software, applications, or services based on TAP’s intellectual property.
• Unauthorized Display: Displaying TAP’s content, Marks, or software on unauthorized platforms or media.
• Reverse Engineering: Attempting to extract the source code, algorithms, or design elements of the Platform.
10.6 Protection of Intellectual Property
TAP takes intellectual property violations seriously and will enforce its rights to the fullest extent of the law. This includes:
• Monitoring: Proactively monitoring the Platform for unauthorized use or violations.
• Enforcement: Issuing cease-and-desist notices, filing takedown requests, and pursuing legal action where necessary.
• Reporting Violations: Users and merchants are encouraged to report suspected intellectual property violations by contacting TAP at team@gettaprewards.com.
10.7 Feedback and Suggestions
TAP encourages users and merchants to provide feedback, ideas, and suggestions for improving the Platform. By submitting feedback, you agree that:
• TAP is not obligated to keep your feedback confidential.
• TAP may use your feedback for any purpose, including improving the Platform, without compensation or acknowledgment to you.
• Your feedback becomes the sole property of TAP, and you waive any rights to ownership or royalties.
10.8 Indemnification for Intellectual Property Violations
You agree to indemnify and hold TAP harmless from any claims, damages, or losses arising from:
• Your use of TAP intellectual property in violation of these Terms.
• Your submission of User-Generated Content or Merchant Content that infringes on third-party rights.
• Any unauthorized commercial use of the Platform or its features.
10.9 Reservation of Rights
All rights not expressly granted under these Terms are reserved by TAP. No part of the Platform or its content may be reproduced, distributed, or otherwise exploited without prior written authorization from TAP or its licensors.
11. Limitation of Liability
This section establishes the limitations on TAP’s liability for damages, losses, or issues arising from the use of the Platform. By using TAP Rewards, you acknowledge and accept these limitations.
11.1 General Disclaimer
• The TAP Rewards Platform is provided on an “as is” and “as available” basis, without any express or implied warranties, including but not limited to:
• Warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Warranties that the Platform will be uninterrupted, error-free, or free of harmful components like viruses or malware.
You use the Platform at your own risk, and TAP makes no guarantees regarding the accuracy, reliability, or availability of its services or content.
11.2 Limitation of Indirect and Consequential Damages
To the fullest extent permitted by law, TAP shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to:
• Loss of rewards, points, or redemption opportunities.
• Loss of profits, revenue, business opportunities, or goodwill.
• Costs of substitute goods or services.
• Damages resulting from Platform downtime, system errors, or unauthorized access to your account.
This limitation applies even if TAP has been advised of the possibility of such damages.
11.3 Maximum Aggregate Liability
In no event shall TAP’s total liability to you, for all claims arising out of or related to your use of the Platform, exceed the average value in the User’s wallet over the most recent 3 months., or €100 (or the equivalent in your local currency), whichever is less.
11.4 Merchant-Related Liability
• TAP serves as a facilitator between users and merchants. Merchants are independently operated businesses, and TAP is not responsible for:
• The quality, safety, legality, or availability of goods or services offered by merchants.
• Disputes arising between users and merchants regarding transactions, rewards, or promotional offers.
• Refunds or adjustments related to purchases made at participating merchants.
Any claims or disputes regarding merchant services must be addressed directly with the merchant.
11.5 User Conduct and Responsibility
You acknowledge that you are solely responsible for your actions and interactions on the Platform. TAP is not liable for:
• Damages resulting from fraudulent, abusive, or prohibited activities conducted by users or merchants.
• Misuse of your account due to your failure to secure your login credentials.
• Content posted or shared by users, including offensive, defamatory, or harmful materials.
11.6 Third-Party Services
The TAP Platform may integrate with or provide access to third-party services, such as payment processors, external reward providers, or linked accounts (e.g., Stripe, social media platforms). TAP is not liable for:
• Issues arising from the use of third-party services, including errors, data breaches, or service outages.
• The availability or accuracy of third-party services or links.
• Any terms, conditions, or privacy practices of third-party providers, which are governed by their respective policies.
11.7 Downtime and Technical Issues
TAP strives to provide a reliable and uninterrupted experience, but you acknowledge that the Platform may experience:
• Scheduled maintenance, resulting in temporary downtime.
• Technical issues, such as software bugs, server outages, or connectivity problems.
• Delays in earning or redeeming points due to system errors.
TAP is not liable for any damages, losses, or inconvenience caused by such events.
11.8 Data Loss
While TAP employs robust security measures to protect user data, TAP is not liable for:
• Loss or corruption of data due to technical failures, unauthorized access, or user negligence.
• Inability to retrieve lost data or points due to account deactivation, termination, or prolonged inactivity.
11.9 Force Majeure
TAP shall not be held responsible for any failure to perform or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to:
• Natural disasters, extreme weather, or acts of God.
• War, civil unrest, or terrorism.
• Labor strikes, shortages, or supply chain disruptions.
• Government actions, regulations, or legal restrictions.
• Internet outages, cyberattacks, or system failures.
In such events, TAP’s obligations will be suspended for the duration of the disruption.
11.10 Exclusions by Jurisdiction
Some jurisdictions may not allow the exclusion or limitation of certain warranties or liabilities. In such cases, TAP’s liability will be limited to the fullest extent permitted by applicable law.
11.11 User Acknowledgement
By using the Platform, you acknowledge and agree that:
• TAP’s role is limited to facilitating rewards, and TAP does not guarantee specific outcomes or results.
• You assume all risks associated with using the Platform, including reliance on rewards, promotions, or third-party services.
• TAP’s liability is strictly limited as outlined in this section, and any claims must comply with the limitations set forth herein.
12. Indemnification
This section outlines your obligations to indemnify TAP Rewards (“TAP”) against claims, damages, and losses arising from your use of the Platform, your interactions with merchants or other users, and your breach of these Terms of Service.
12.1 Indemnification Obligations
You agree to indemnify, defend, and hold harmless TAP, its affiliates, officers, directors, employees, agents, licensors, service providers, and contractors from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including legal fees and court costs) arising out of or related to:
1. Your Use of the Platform:
• Your access to or use of the TAP Platform, including your account activity, transactions, and interactions with merchants or other users.
2. Breach of Terms:
• Your violation of these Terms of Service, any applicable laws, or any rights of a third party.
3. Fraudulent or Misconduct:
• Any fraudulent, abusive, or negligent activity conducted by you, including attempts to manipulate the rewards system or exploit Platform vulnerabilities.
4. User-Generated Content:
• Claims related to the content you submit, post, or transmit on the Platform, including intellectual property infringement, defamation, or privacy violations.
5. Merchant or Third-Party Disputes:
• Claims arising from your interactions, disputes, or transactions with participating merchants or third-party providers.
12.2 Scope of Indemnification
This indemnification applies to all claims and damages, including but not limited to:
• Financial damages, penalties, or losses incurred by TAP as a result of your actions.
• Costs associated with investigating and defending against claims, including reasonable legal fees.
• Compensation owed to third parties for damages resulting from your activities on the Platform.
12.3 TAP’s Right to Assume Defense
In the event of a claim subject to indemnification, TAP reserves the right to:
1. Assume Control:
• Take full control of the defense and settlement of the claim at its own expense, including selecting legal counsel.
2. User Cooperation:
• Require your full cooperation in defending against the claim. This includes providing documents, evidence, or testimony as reasonably requested by TAP.
3. Settlement Approval:
• Prevent you from settling any claim without TAP’s prior written consent. TAP will not settle any claim in a way that imposes unapproved obligations or liabilities on you.
12.4 Exclusions to Indemnification
Your obligation to indemnify does not apply to claims or damages resulting solely from:
• TAP’s negligence, misconduct, or breach of these Terms.
• Platform defects, errors, or downtime beyond your control.
12.5 Merchant-Specific Indemnification
Merchants participating in the TAP Rewards ecosystem have additional indemnification obligations, including but not limited to:
• Products and Services:
• Indemnifying TAP against claims arising from the quality, safety, legality, or availability of the goods and services they provide.
• Merchant Content:
• Indemnifying TAP for claims resulting from content submitted by merchants, such as intellectual property infringement or false advertising.
• Regulatory Compliance:
• Indemnifying TAP for penalties or damages resulting from a merchant’s failure to comply with local laws, regulations, or licensing requirements.
12.6 Third-Party Claims
If TAP is subject to a third-party claim or legal action due to your actions or omissions, you agree to:
• Fully reimburse TAP for any damages, costs, or losses incurred.
• Assist in the resolution of the claim by providing timely and accurate information.
12.7 Notice of Claims
To activate your indemnification obligations, TAP will:
• Notify you promptly of any claims, demands, or actions for which indemnification is sought.
• Provide you with the relevant details of the claim.
Failure by TAP to provide timely notice does not absolve you of your indemnification obligations unless it materially prejudices your ability to defend against the claim.
12.8 Survival of Indemnification
Your indemnification obligations under this section will survive the termination of your account or cessation of your use of the Platform.
12.9 Limitation of Liability and Indemnification Interplay
This section does not limit the liability exclusions and limitations set forth in Section 11 (Limitation of Liability). However, indemnification obligations remain enforceable to the fullest extent permitted by law.
13. Governing Law and Dispute Resolution
13.1 Jurisdiction
These Terms are governed by the laws of Delaware USA.
13.2 Arbitration
Disputes must be resolved through binding arbitration, where permitted by law.
14. Changes to the Terms
This section explains TAP Rewards’ (“TAP”) rights to modify these Terms of Service and outlines the procedures for notifying users of changes, as well as their rights and responsibilities in response to those changes.
14.1 Right to Modify
TAP reserves the right to amend, update, or modify these Terms of Service at any time to:
• Reflect changes in applicable laws, regulations, or industry standards.
• Incorporate new features, services, or enhancements to the Platform.
• Address technical, operational, or security-related updates.
• Align with changes in TAP’s business practices, partnerships, or agreements.
These modifications ensure that the Terms remain current and effective for all users and merchants.
14.2 Notification of Changes
When changes to these Terms are made, TAP will notify users in a timely and transparent manner. Notifications may include:
• In-App Notifications: Prominent alerts within the TAP App, summarizing the key changes.
• Email Notifications: Direct emails sent to the address associated with your account.
• Updates on the Website: Posting the revised Terms on the TAP website, with the updated effective date clearly displayed.
TAP will strive to provide reasonable notice of significant changes before they take effect, unless the changes are required immediately by law or for security reasons.
14.3 User Acceptance of Changes
Your continued use of the Platform after any changes to the Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms:
• You must stop using the Platform immediately.
• You may deactivate your account by contacting TAP customer support at team@gettaprewards.com.
Failure to accept or respond to updated Terms may result in the suspension or termination of your account.
14.4 Material Changes
For changes deemed “material” (i.e., changes that significantly alter your rights, obligations, or the nature of the services provided), TAP will:
• Provide at least 15 days notice before the changes become effective.
• Include a detailed summary or FAQ explaining how the changes impact users or merchants.
• Offer users the opportunity to provide feedback on the changes, where applicable.
Material changes may include, but are not limited to:
• Modifications to the rewards system or point redemption policies.
• Changes to fees or payment obligations for merchants.
• Adjustments to user privacy or data sharing practices.
14.5 Non-Material Changes
For non-material changes (e.g., clarifications, typographical corrections, or procedural updates):
• TAP may implement the changes immediately without prior notice.
• The updated Terms will be posted on the TAP website, and users are encouraged to review them periodically.
14.6 Retroactive Application
Unless explicitly stated, changes to the Terms will not apply retroactively. Existing activities, rewards, or agreements will be governed by the Terms in effect at the time of the activity or agreement.
14.7 User Responsibilities
As a user or merchant, it is your responsibility to:
• Regularly review these Terms for updates, especially if notified of changes by TAP.
• Familiarize yourself with the implications of revised Terms, including any changes to rights, obligations, or services.
• Contact TAP customer support if you have questions or concerns about the changes.
14.8 Access to Previous Versions
TAP will maintain access to previous versions of the Terms for a reasonable period, which may include:
• Archived copies on the TAP website.
• Summaries of key changes provided in notifications.
This ensures transparency and helps users understand the evolution of the Terms.
14.9 Disputes Regarding Changes
If you disagree with changes to the Terms, you may contact TAP to discuss your concerns or request clarification. However, continued use of the Platform after the changes take effect will be deemed as your acceptance.
If disputes regarding changes cannot be resolved amicably, they will be handled in accordance with the dispute resolution procedures outlined in Section 13 (Governing Law and Dispute Resolution).
14.10 Special Conditions for Merchants
For participating merchants:
• TAP may require you to sign an updated merchant agreement or addendum if changes to the Terms materially impact your obligations or participation in the Platform.
• Failure to accept updated Terms within the specified notice period may result in the suspension or termination of your merchant account.
15. Contact Information
For questions or concerns, contact TAP at:
• Email: team@gettaprewards.com