Terms for cafés in the EU

1. Who these Terms are between

These Terms are between TapStik, a trade name of Indus Selection (sole proprietorship), Violethof 5, 5044 KM Tilburg, the Netherlands, registration KvK 42199635, VAT ID NL005215239B58 (“TapStik”, “we”), and the café that creates a TapStik account (“you”). You confirm that you sign for the café and may bind it.

These Terms are for businesses. Customers who collect stickers have their own notice: the privacy notice at /eu/privacy.

2. The service

TapStik is a digital loyalty card for cafés: customers open a card on their phone (no app) and collect stickers toward rewards you set; you run the program from a dashboard and, if you want, from a staff screen at the counter.

Cards, stickers, tags and what they are worth belong to your program. You decide the rewards and the rules, and you honour them. TapStik is not a party to anything between you and your customers.

3. The pilot program

TapStik is in its pilot program. It is free, and we do not ask for payment details. Features may change, and we may pause or end the pilot program.

We will tell you before we start charging. Nothing is charged unless you agree to a price first, in writing or by accepting it in your account.

4. Your account

You are responsible for your account, for keeping your password and your staff PINs private, and for everything done in your dashboard and on your staff-screen devices. Tell us quickly at info@tapstik.eu if you think someone else got in.

Give stickers only for real purchases, and keep your NFC tags with your staff.

5. Your customers and their data

You are the controller of your customers’ personal data and TapStik is your processor. The Data Processing Agreement at /eu/dpa is part of these Terms and applies to everything we handle for you. If the two disagree, the Data Processing Agreement wins for personal data.

You make sure you may use your customers’ data this way and that they have been told: the privacy notice at /eu/privacy is written so you can point to it.

• Send offers (WhatsApp or email) only to customers who agreed to them. TapStik records each agreement and only shows you the messaging tools for those customers. You must stop when a customer says stop.
• Customers must be 16 or older to agree to offers.
• Do not save health information (such as allergies or illnesses) in customer notes. Staff notes are for order preferences, like “oat milk”.
• Do not import or add people who did not give you their details for your loyalty program.

You can export your customer list and erase it from your dashboard at any time.

6. Rewards and reviews

You decide what rewards are worth and you are responsible for them. Free stickers you choose to give are your promotion; TapStik only keeps count.

Google does not allow rewarding reviews, so do not give stickers or rewards for reviews.

7. Acceptable use

• No fake stickers and no stickers for purchases that did not happen.
• No trying to reach other cafés’ or customers’ data, and no copying, overloading or attacking the service.
• No unlawful use, and no use that breaks the rules of the platforms you connect, such as Google or WhatsApp.

We may suspend an account that breaks these Terms. If we can, we tell you why first.

8. Availability and support

We work to keep TapStik running and fix problems quickly, but during the pilot program the service is provided without a guarantee of uptime or of being free of errors. Keep your own records of rewards that matter to you.

Support is by email at info@tapstik.eu.

9. Your content

Your logo, card designs, pictures and texts stay yours. You allow us to store and show them to run your program, including on your customers’ cards.

TapStik’s software, name and designs stay ours. You get a right to use the service while your account is open, not to copy it.

10. Liability

Nothing here limits liability that cannot be limited by law, such as liability for intent or deliberate recklessness.

Otherwise, TapStik is not liable for indirect losses, lost profit or lost data, and its total liability for anything connected to the service in any period of 12 months is limited to the fees you paid us in the 12 months before the event. During the free pilot program there are no fees. [Amount and wording to be confirmed with counsel.]

11. Ending

You may stop using TapStik at any time. We may end the pilot program or your account with 30 days’ notice, or at once if you seriously break these Terms.

After the end you can export your customer list for 30 days. Then we delete your café’s data within 30 days, and our backups no later than 30 days after that, unless the law says we must keep something. The Data Processing Agreement has the details.

12. Changes to these Terms

We may change these Terms. We tell you at least 30 days before a change that matters starts, by email or in your dashboard, and the version number changes. If you do not agree, you may stop using TapStik before it starts.

13. Governing law and disputes

Dutch law applies. Disputes go to the district court of Zeeland-West-Brabant, unless the law says another court must decide.

14. Contact

Questions about these Terms: info@tapstik.eu.