Terms of Service

These Terms of Service (“Terms”) govern your access to and use of TaplyPOS (“Service”), operated by 2D Data Solutions LLC (“Company”, “we”, “us”, “our”). By creating an account or using the Service, you (“Merchant”, “you”) agree to be bound by these Terms.

1. Service Description

TaplyPOS is a point-of-sale software application for restaurants and retail businesses. The Service enables merchants to process sales transactions, manage menus and product catalogs, track inventory, accept payments, manage kitchen displays, and generate reports through iPad and iPhone devices.

2. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of the business entity you represent. By using the Service, you represent and warrant that you are an authorized representative of the business and have the authority to bind the business to these Terms.

3. Account Registration

• You must provide accurate, current, and complete information during registration.
• You are responsible for maintaining the confidentiality of your account credentials, staff PINs, and API keys.
• You are responsible for all activities that occur under your account.
• You must notify us immediately at support@taplypos.com of any unauthorized use.

4. Payment Processing

4.1 Third-Party Payment Processors

4.2 Stripe Connect

Payment processing through the Service is facilitated via Stripe Connect. Each merchant establishes a direct relationship with Stripe through a Stripe Express connected account. By using payment features, you agree to:

• Stripe’s Connected Account Agreement
• Stripe’s Privacy Policy
• Provide accurate business information for Stripe’s KYC (Know Your Customer) verification

4.3 Software Subscription and Processing Fees

Taply software subscription pricing is separate from third-party payment processing fees charged by Stripe, Square, card networks, or other payment providers. Payment setup, refunds, disputes, payout timing, and processor account details are managed through the applicable payment processor.

Subscription renewal and cancellation

Paid Taply software plans and enabled recurring add-ons renew automatically at the price and billing frequency shown before you subscribe, until canceled. Stripe handles subscription billing. Taxes, usage charges and any separately disclosed fees are shown in the applicable offer or checkout. Payment processing fees are separate from the software subscription.

Review the total, renewal frequency and subscription terms in Stripe Checkout and give affirmative consent before subscribing. A free plan does not become a paid subscription merely because you continue to use it. If an offer includes a trial or promotional price, its duration, conversion price and first charge date must be disclosed before you accept it.

To cancel a Restaurant subscription, open Billing in the Taply web dashboard or Plan Details in the Restaurant app and choose Cancel subscription. Confirm the request and retain the confirmed end date. You can also use Manage Billing in the web dashboard to open Stripe's billing portal. Contact support@taplypos.com if you cannot access cancellation. Uninstalling the app, signing out or deleting local data does not cancel a subscription.

Cancellation stops the next renewal. Paid access continues through the current billing period, then the account returns to Free with paid features locked. The confirmation shows the end date. Your account and retained records remain available. Separately billed add-ons, including SMS, have their own cancellation controls and billing periods. Any separately granted complimentary access keeps its own expiration date. Cancellation does not itself request a refund; applicable statutory refund rights remain in place. Usage charges incurred before cancellation may still appear on a final invoice. We provide renewal, trial-ending and price-change notices where required for the offer and applicable law.

4.4 Payment Liability

We are not liable for:

• Payment processing failures, delays, or errors caused by Stripe, Square, or any payment processor
• Chargebacks, disputes, or fraudulent transactions on your account
• Funds availability, settlement timing, or payout schedules
• Currency conversion errors or exchange rate fluctuations
• Declined transactions or card network outages

You are solely responsible for managing chargebacks, refunds, and payment disputes with your customers and Stripe.

4.5 Tap to Pay on iPhone

Tap to Pay on iPhone is a feature of Apple and Stripe. Use of this feature is subject to Apple’s Tap to Pay Platform Terms and Stripe’s Terminal Terms of Service. Device compatibility requirements (iPhone XS or later, iOS 16.4+) are determined by Apple.

5. Refunds and Disputes

You are responsible for establishing and communicating your own refund policy to your customers. The Service provides tools to process refunds, but you are solely responsible for:

• Determining when refunds are appropriate
• Processing refunds in a timely manner
• Responding to customer disputes and chargebacks
• Complying with applicable consumer protection laws regarding refunds

6. Data and Privacy

Hugsy announces optional recording at the start of a support call. Press 1 during the announcement to continue without recording; otherwise recording may begin after the announcement. Accepting these Terms alone does not give permission to record. You can withdraw your recording choice during the call. See the Hugsy phone privacy notice for recording purposes, retention and deletion requests.

Your use of the Service is also governed by our Privacy Policy. You acknowledge that:

• Transaction data, customer information, and business data are stored locally on your device and optionally on Supabase cloud infrastructure
• You are responsible for complying with applicable data protection laws (CCPA, GDPR, etc.) regarding your customers’ personal information
• You must obtain appropriate consent from your customers before collecting and storing their personal data through the Service
• The Service stores data locally on your device for offline functionality and syncs to the cloud when connected

7. Merchant Responsibilities

You agree to:

• Comply with all applicable federal, state, and local laws, including tax collection and remittance obligations
• Accurately configure tax rates in the Service for your jurisdiction
• Maintain accurate records of all transactions for tax and regulatory purposes
• Not use the Service for any illegal, fraudulent, or unauthorized purpose
• Not process transactions for illegal goods or services
• Ensure all staff members with access to the Service are properly authorized and trained
• Protect customer payment information and not store card numbers outside the Service

8. Tax Compliance

9. Intellectual Property

Taply’s software and original content are owned by 2D Data Solutions LLC or its licensors. Third-party content and trademarks remain the property of their respective owners. You are granted a limited, non-exclusive, non-transferable license to use the Service for your business operations during the term of your subscription.

10. Limitation of Liability

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Payment processing will be available at all times
• Data will not be lost or corrupted

12. Indemnification

You agree to indemnify, defend, and hold harmless 2D Data Solutions LLC from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party, including your customers
• Any dispute between you and your customers regarding transactions processed through the Service
• Your failure to comply with applicable laws, including tax and consumer protection laws

13. Dispute Resolution

13.1 Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in the state of Tennessee, USA.

13.2 Class Action Waiver

YOU AGREE THAT ANY CLAIMS WILL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

13.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions.

14. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to natural disasters, acts of government, power failures, internet disruptions, third-party service outages (including Stripe, Apple, or Supabase), pandemic, or other force majeure events.

15. Account Termination

• You may delete your account at any time through the app settings.
• We may suspend or terminate your account for violation of these Terms.
• Upon termination, your data will be deleted in accordance with our Privacy Policy.
• Stripe’s obligations regarding your connected account survive termination of your TaplyPOS account.

16. Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the “Last Updated” date and, where required, by providing notice through the app or email. Continued use of the Service after changes constitutes acceptance of the modified Terms.

17. Contact

For questions about these Terms, contact us at:

2D Data Solutions LLC
Email: support@taplypos.com
Website: taplypos.com