Terms of Service
1. PREAMBLE
1.1 This document regulates the terms and conditions of the contractual cooperation between the Provider and the Beneficiary and represents the law of the parties in accordance with the provisions of article 1270 of the Romanian Civil Code.
1.2 The provider is the company TAPTASTY SA, with its registered office in Oradea, Str. Santului 2E, Bihor county, registered at the Trade Register Office under no. J05/1228/2014, fiscal code RO33462987, bank account RO15BTRLRONCRT0264469402, opened at Transilvania Bank, represented by Adorian Chiorean.
The provider develops mobile applications for the management of online orders in the Horeca field.
1.3 The Beneficiary is the legal entity that purchased at least one of the service packages offered by the Provider and presented in Chapter II of this document.
2. SERVICES. PRICE. DELIVERY TERMS.
To see the packages they offer and their prices, the Beneficiary is asked to consult the page Plans & Pricing2.1 The Basic, Pro and Pro Plus packages described in the Plans & Pricing page offer a custom design starting from templates.
2.2 The Custom Mobile Design add-on offers the possibility for the Beneficiary to opt for a personalized design for the mobile application, created by a specialized designer, in full compliance with the client's brand.
The delivery term of the application, if the Beneficiary opts for the Custom Mobile Design add-on, is 60 calendar days from the date of payment by the Beneficiary.
2.3 The Beneficiary's package price is according to the agreed offer
2.4 If the Beneficiary requests integration with a POS system, this will be done for a fee based on a price offer raised by the Provider to the Beneficiary. If the integration has been already developed, it will require an activation fee of 250 Euros + VAT.
3. PAYMENT METHOD OF THE PRICE.
3.1 The Beneficiary can pay for the services contracted from the Provider:
(a) monthly, at the prices corresponding to each package, provided in chapter II of this document;
(b) annually, with a 20% discount in the price of the purchased package provided for in chapter II of this document. The discount shall not apply in the case referred to at letter c) of this article;
(c) one instalment in the case of Custom Mobile Design in ammount of EUR 2000 + VAT to be paid when the contract is signed;
By the unilateral termination of the contract carried out by any of the parties if the contractual partner culpably does not fulfill its assumed contractual obligations, after being notified in writing about this aspect. In this case, the termination will operate, without the intervention of the court, by a simple written notification addressed to the guilty party
3.2 The Beneficiary will pay for the contracted services within 5 days from the issuance and communication of the invoice by the Provider.
If the Beneficiary opts to pay the price under the conditions provided by art. 3.1 letter a), the invoice will be issued monthly, for the past month, and communicated to the Beneficiary.
If the Beneficiary opts to pay the price under the conditions provided by art. 3.1 letter b), the invoice will be issued annually and communicated to the Beneficiary by the end of the first month of each contractual year.
3.3 If payment in foreign currency is not possible, payment shall be made in lei at the exchange rate published by the BNR on the invoicing date.
3.4 For non-payment of the price owed by the Beneficiary to the Provider on time, late penalties of 0.1% are charged for each day of delay, calculated after the passage of a number of 10 days from the date when the payment became due.
3.5 Under no circumstances is the Provider obliged to refund the amounts received from the Beneficiary for the services provided under the contract concluded between the parties.
4. DURATION OF THE CONTRACT.
4.1 The contractual relationship between the parties is concluded for an indefinite period, starting from the date on which the Beneficiary accepts these Terms and Conditions.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES.
5.1 The provider has the following main rights and obligations:
(a) To be paid the price of the purchased package, on the terms and under the conditions agreed by the parties provided in chapter III of this document;
(b) To request and make available to the Beneficiary any data and information necessary and useful for the provision of the services;
(c) To ensure the proper functioning of the application systems, according to the specifications provided in the purchased service package, or other functional changes generated by changes to the Beneficiary's requirements or by new regulations imposed by the legislation (laws, ordinances, government decisions, etc.)
(d) To comply with the deadlines for the execution of the services to which he has committed himself, as well as to respond promptly to the requirements of the Beneficiary;
(e) Firebase, Inc. is a set of backend cloud computing services and application development platform provided by Google. It hosts databases, services, authentication and integration for a variety of applications including Android, iOS, JavaScript, Node.
(f) To grant the Beneficiary a non-transferable, non-exclusive, revocable and limited license to use and access the services exclusively for their own commercial purposes, in accordance with the type of package purchased;
(g) To provide support to the Beneficiary in creating the account on the payment platform.
(h) To keep the confidentiality of the contractual relations between the parties and to ensure the protection of personal data, according to the law;
(i) To process the personal data of the natural persons of which he becomes aware in the course of the provision of services, in accordance with the law and this contract;
(j) To provide support to the Beneficiary in entering the products into the order panel.
5.2 The Beneficiary has the following main rights and obligations:
(a) To benefit from the services offered by the Provider, according to the service package purchased;
(b) To pay the Provider for the services, on due date, according to the provisions of this document;
(c) To make available to the Provider the services that fall within its competence to carry out what is provided for in the contract, as well as any data and information requested by the Provider, in case of delay due to its own fault, the contractual terms being postponed accordingly.
(d) To ensure the necessary conditions for the performance of the tasks assigned to him by taking operative measures to remove the difficulties that arise during the performance of the works;
(e) To ensure access to the necessary documents and the appropriate working conditions for the Provider's team, as well as to ensure the information and data requested by the Provider, being responsible for their correctness, and to hand them over within the deadline set according to the Provider's requirements;
(f) During the performance of the contract, not to make changes or adaptations to the objectives taken over without the written consent of the Provider;
(g) During the performance of the current contract, as well as in the following 24 months after the completion of the contract, the Beneficiary agrees not to contact directly or indirectly, either individually or through consultants, partners, shareholders, investors or in any other form, any employee of the company TapTasty with which the client came into contact, to request external services or to propose any form of employment under the penalty of paying a penalty of EUR 100,000 for each violation of this clause;
(h) To maintain the confidentiality of the contract and of the correspondence between the parties concerning it;
(i) In the course of the contract between the parties, the Beneficiary agrees not to disclose information, documents and materials submitted under this contract concerning:
- Presentation of the mobile app
- Functionality of the mobile app
- Benefits of the mobile app
- Marketing strategies
- Pricing of app development
Any disclosure by the Beneficiary, intentionally or through fault, of the information presented in this contract to a third party gives the Provider the right to request the legal liability of the Beneficiary, including by obliging him to cover the damage caused. This measure does not apply to information already made public by the Provider.
(j) To ensure that the products/services sold or promoted through the application comply with the legislation in force, taking responsibility for the products sold through the application;
(k) The beneficiary has the right to make available to other entities (customers) the right to use the application covered by this contract;
(l) The beneficiary shall be responsible for the introduction, content and use of the terms and conditions displayed in their own application;
(m) The Beneficiary is solely responsible for the integrity, accuracy, legality and reliability of all end users' personal data. The Beneficiary hereby declares that it is entitled to grant and grants to the Provider a non-exclusive, royalty-free and fully paid-up worldwide license (with the right to sublicense) to access, use, reproduce, electronically distribute, transmit, format, display, store, archive and index personal data of end users for the purpose of providing services to the Beneficiary. The Provider represents and warrants that he will not sell, license, rent or otherwise share the end users' personal data with any third party, except as necessary to provide the services.
(n) Any other rights and obligations vested in him by law and this contract.
(o) The Beneficiary has the obligation and is responsible for the introduction, content and updating of the terms and conditions displayed in their own application;
(p) The Beneficiary is the owner of the personal data of the end customers (TapTasty system users) having the obligations provided by law regarding the storage, processing, use, etc. of these data. In order to fulfill the obligations assumed by the Provider under this contract, the Beneficiary grants the Provider the right of access to the data of its end customers.
(q) The Provider does not undertake to promote the Beneficiary's applications, which is entitled to establish and implement its own promotion strategy.
(r) The Beneficiary is obliged to use the Application in a reasonable manner, in this respect, the following upper limits apply to the third party services contracted by the Provider:
- sending e-mails - 20.000 e-mails / month
- sending “Push Notifications” type messages - 50.000 messages / month
- Geolocation requests (Used when adding a new address) - 2.000 requests / month
In case of abusive use of the mentioned services and exceeding the limits stipulated in article 4, the Provider reserves the right to direct the Beneficiary to the direct contracting of these services.
6. CONFIDENTIALITY. COPYRIGHT.
6.1 The parties undertake to maintain the confidentiality of the provisions and information contained in this contract, as well as the information provided by the parties during the performance of this contract, except in cases where these data are officially requested by state institutions.
6.2 Confidential information shall mean any information, regardless of the medium on which it is transmitted, which refers to technical, commercial, marketing or know-how information of third parties and which is transmitted for the purpose of achieving the object of this contract.
6.3 Any information brought to the attention of a party by the other party or by their legal representatives for the purpose of its use for the performance of this Contract may not be copied, modified, stored, sold, distributed or traded in any way, stored in computer systems or of any other kind and, in general, used in any other way than for the purpose of providing the Services or fulfilling legal obligations, without the express written and prior consent of the party that provided the information.
6.4 If, following a request from the Beneficiary, a new functionality is developed, the functionality will be made available to all of the provider's customers, just as the Beneficiary will benefit from all the functionalities that have been developed as a result of suggestions from other TapTasty users.
6.5 Confidentiality obligations do not apply if the information (a) is or becomes public information through no fault of the Provider; (b) is used as testimony in case of litigation, at the express request of the law, with prior written notification of the Beneficiary; or (c) is disclosed by the Provider with the written, express and prior consent of the Beneficiary, d) is required in contracts with third parties in connection with this Agreement or is the Provider's declarative obligation towards the state authorities.
6.6 The data of the people who purchased the services through the app, of the suppliers and other collaborators, are the exclusive property of the Beneficiary. Upon termination of the contract for any reason, the Beneficiary is the only one who has the right to keep all the information contained in the database regarding its own customers who purchased the services through the application, suppliers, collaborators, as well as any information related to the activity carried out by him within the application.
6.7 All rights, the right to the code, the TapTasty website (www.TapTasty.com), the TapTasty administration section, as well as the source code of the entire service, including intellectual property rights belong to the Provider.
6.8 All rights, including intellectual property rights and related rights on the information received from the Beneficiary for the performance of the work carried out by the Provider in carrying out the activity described in art. 2.1 belong to the Beneficiary.
6.9 The Beneficiary agrees to the Provider's use of public materials through the application (app design screens, app photos and any other materials that exist in the public space) to be promoted by the Provider on social networks, website or any other advertising methods of the Provider.
7. PROTECTION OF PERSONAL DATA.
7.1 Each of the contracting parties undertakes to comply with the national and European legislation in force regarding the protection, confidentiality and processing of personal data.
7.2 Each party is responsible for the internal procedures for keeping, processing and protecting the personal data of the natural persons employed or collaborating or with whom they come into contact as a result of the effects of the contract.
7.3 The provider, as a legal entity, complies with the legal provisions regarding the protection of personal data and implements technical and organizational measures to protect all operations directly or indirectly related to personal data, which prevent unauthorized or illegal processing, as well as accidental or illegal loss or destruction.
7.4 The processing of the personal data of natural persons is carried out for the purpose of executing this contract, capitalizing on the rights and fulfilling the contractual obligations, as well as in order to fulfill the legal obligations that fall under the responsibility of the Provider. These data will be kept for as long as necessary to achieve the objectives described above, using technical means to store the data in secure conditions.
7.5 Natural persons whose data are processed by the Provider benefit from the right of access, intervention, rectification and portability regarding the data they provide, having the possibility to limit the processing carried out by the Provider and even request the deletion of the data. We note that the intervention on the data provided may be likely to prevent the execution of the contract concluded between the Beneficiary and the Provider. In this case the Provider is exempt from liability. The natural persons whose data are processed have the right to inform the Provider of their requests regarding personal data, in any way that ensures the identity of the requester and his entitlement.
7.6 In the event of the assignment or subcontracting, in whole or in part, of this contract, both parties will ensure that the third assignees or subcontractors comply with the obligations regarding the protection and processing of personal data.
7.7 The parties undertake to notify each other within 24 hours, in writing, of any complaint or request that directly relates to the processing of personal data, to comply with the legislation in force, or to any security incident in this meaning as well as to provide assistance to each other in order to comply with the obligations regarding the protection and processing of the personal data of natural persons, arising from the performance of this contract.
8. NOTIFICATIONS BETWEEN THE PARTIES.
8.1 In the understanding of the contracting parties, any notification addressed by one of them to the other is validly fulfilled if it is sent to the address/headquarters provided in the introductory part of this contract. If the notification is made by post, it will be sent by registered letter with confirmation of receipt and is considered received by the addressee on the date indicated by the receiving post office on this confirmation.
If the notification is sent by e-mail or sms, it is considered received on the first working day after the one on which it was sent. Notifications by email will be made to the address hello@taptasty.com - for the Provider. The beneficiary will be notified by email to the address associated with the created account.
8.2 Verbal notifications shall be taken into account to the extent that they are confirmed also in one of the ways described in this paragraph.
9. FORCE MAJEURE AND UNFORESEEABLE EVENT.
9.1 Except for the cases in which they have not expressly provided otherwise, none of the contracting parties will be liable for the non-execution in time and/or improperly, in whole or in part, of any of their obligations, if the non-execution of the respective obligation was caused by an event that was unforeseeable at the time of the conclusion of the contract, external, absolutely invincible and unavoidable and whose consequences cannot be removed by the party invoking it (e.g. earthquake, etc.).
9.2 The party invoking force majeure is obliged to inform the other party, within 72 hours, in writing and in full, of its occurrence and to take all the measures at its disposal in order to limit the consequences of that event. Force majeure is ascertained and certified by the competent Chamber of Commerce and Industry. If within 30 days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the termination or suspension of the contract, without one of the parties being able to claim damages to the other.
9.3 The unforeseeable event removes the liability of the parties to the extent that it has been communicated to the other party within the period referred to in the preceding paragraph and can be proved.
9.4 In cases of force majeure or contingency, the parties shall not owe each other damages or penalties and shall not be liable to each other for any enforcement of benefits other than those which are urgent and enforceable.
9.5 The contract shall be suspended for the duration of the force majeure or unforeseeable event and shall be resumed after the situation giving rise to the suspension has ceased.
10. MODIFICATION OF THE TERMS AND CONDITIONS. TERMINATION OF THE CONTRACT. DISPUTES.
10.1 The Provider has the right to modify these terms and conditions, including the price of the services, notifying the Beneficiary in this regard at least 10 days before the date on which the modification will produce legal effects. If the Beneficiary does not agree with the change proposed by the Provider, the Beneficiary has the right to terminate the contractual relationship with the Provider. In this case, the provisions of this paragraph remain applicable.
10.2 None of the parties to this contract will be able to assign the rights and obligations under it to a third party, without the prior written consent of the other party. The written agreement is communicated to the assignor within 10 working days from the date on which he requested the assignee consent. If the assignee does not respond within the above-mentioned term, it is considered that he has not consented to the assignment of the contract.
10.3 This contract shall terminate in one of the following situations:
(a) By the unilateral termination of the contract carried out by any of the parties if the contractual partner culpably does not fulfill its assumed contractual obligations, after being notified in writing about this aspect. In this case, the termination will operate, without the intervention of the court, by a simple written notification addressed to the guilty party.
(b) By unilateral termination by any of the parties, at any time during the duration of the contract, based on the notice provided in the contract with the consequence of the loss of payments made up to that moment.
10.4 The unilateral termination of the contract by one of the parties shall be made on the basis of a declaration of unilateral termination and with 15 working days' notice to the other party.
10.5 This contract may be unilaterally terminated by the Provider if, within a period of 6 months from the delivery of the mobile apps, the Beneficiary does not start using the service made available. The provisions of art. 4.1 par. 2 shall remain applicable.
10.6 This contract may be terminated unilaterally by the Provider if the Beneficiary fails to pay within 45 days of the date of issue an invoice issued by the Provider.
10.7 The termination will have no effect on the already outstanding obligations between the parties.
10.8 The provisions of this Article shall not exclude the liability of the party who has culpably caused the termination of the contract.
10.9 Disputes arising from the conclusion, execution, modification, termination and interpretation of the clauses of this document are resolved amicably or by the competent courts at the Provider's headquarters.
10.10 The provisions of these Terms and Conditions of the contract are supplemented by the provisions of the relevant Romanian legislation in force. This contract enters into force on the date of its acceptance by the Beneficiary. The law of the contract is the Romanian law.
11. MISCELLANEOUS
11.1 These Terms and Conditions constitute the entire agreement and any prior discussions, guarantees, obligations, understandings or agreements are superseded by this Agreement.
11.2 TapTasty will continue to develop the TapTasty service without imposing any additional costs on the Provider.
Note: For the particular or urgent development of some functionalities that the Beneficiary wants added to this service, the Provider will carry out an analysis to determine if the Beneficiary's proposal aligns with the product development direction. In case of a positive result of this analysis, the Provider will submit to the Beneficiary a price offer and a time estimate for the realization of the functionality. The Provider will start providing the service, only after acceptance of the offer by the Beneficiary and after payment of the price/ price advance agreed by the parties.
11.3 The apps will be published on the App Store and Google Play from the account of the Provider, namely from the account of the company TapTasty. Thus, the annual maintenance costs, as well as the updating of the account, will be provided by the Provider.
11.4 If, for various reasons, the Beneficiary no longer wishes to purchase the service purchased under this contract, the amounts paid up to the time of cancellation remain the Provider's revenue.
11.5 If a term and/or provision of this contract or part thereof is declared void or unenforceable by a court of competent jurisdiction, only that provision and/or portion of the contract will be deemed void or unenforceable and will not affect the validity or enforceability of the other clauses of this contract.
11.6 These Terms and Conditions become binding and apply between the parties from the date of their acceptance by the Beneficiary.
Privacy Policy
Your privacy is important to us.
TapTasty's Privacy Policy describes the privacy practices of TapTasty's Services (as defined in our Terms and Conditions) in compliance with the provisions of the European Data Protection Regulation, in particular how it collects, uses, processes and shares the personal information of current or potential customers, service providers or partners. This Privacy Policy applies to current and prospective customers, service providers and partners who visit and/or use (hereinafter, "you" or "your" ) the TapTasty Service websites, apps, social media accounts and other online services (hereinafter, "Site" and collectively, our "Sites").
Please read this policy carefully to understand our practices regarding how we protect your personal data. If you do not want your information processed in accordance with this Privacy Policy in general or any part of it, you should not use our online or mobile services.
1. Data controller
ELEVEN DIGITS S.R.L. is the data controller with regard to your personal information collected by Taptasty. Our address headquarters is located at: tr. Onisifor Ghibu nr. 18, postal code 410497, Oradea, jud. Bihor, Romania. The company is duly incorporated under the laws of the state of Delaware. The company is duly incorporated under the laws of Romania.
2. What personal data do we collect?
We collect the following types of information about you:
Depending on the nature of your visit to the site, as a customer, visitor or person interested in applying for a job with the company, the type of personal information or personal data we collect may include:
Information you provide us directly.
We may ask you for certain information when you fill out our contact form, such as: first and last name, email address and phone number. We use your email address and password to authenticate your account and keep it secure.
When you register for use of the Service, we will collect additional personal information about the account administrator, such as: profession, as well as restaurant details, business information and content.
We use this information to manage your account, to correspond with you, and to resolve any issues related to the Service.
If you do not provide your personal information, you may not be able to access or use our Service or your experience may not be as enjoyable.
Information we collect from you automatically
In order to understand your browsing patterns on our site, we use third-party analytics tools (Google Analytics) that collect information that your browser sends when you visit our site.
Cookies
When you visit our website, we use cookies, small files temporarily stored or placed on your device's hard drive that contain information about your device. Cookies may also store preferences or other information about you. You can also access our website without cookies. If you do not want us to recognize your computer, you can prevent cookies from being stored on your hard drive by disabling cookie storage in your browser settings.
3. Legal basis for processing personal data
TapTasty will only collect your personal data for the following purposes:
To fulfill our contractual obligations when we provide you with the Service.
We use the information you provide to us to provide the Service to you.
This includes processing payments, so that we can send you necessary communications (for example, we may send you emails about technical issues or security alerts) and resolving issues with your account. If you contact us, we process information about you in order to communicate with you and respond to your requests or any other requests you may have.
In accordance with our legitimate interest to develop and improve the service.
You give us consent to do so
To comply with a legal obligation
4. Who receives access to your data.
We do not sell, give or transfer your personal data to third parties. We will share personal information with third party service providers who process personal information on behalf of TapTasty for the purpose of providing services to our website visitors, our customers and users of our services. such as: payment processing, data storage, web analytics. These companies have access to your information only for the purpose of performing these tasks and are obligated to protect your personal information in accordance with this privacy policy and in compliance with applicable law.
5. Transfer of data to countries outside the EU
The data provided by you will only be processed in countries within the European Union. If personal data of data subjects are processed in a country outside the EU, the data subject's rights under EU law will be guaranteed and the data subject will be notified in due time.
6. Data retention.
We will retain your personal data only for as long as necessary to achieve the purposes described in this policy and in accordance with our legal obligations, contractual obligations or industry practices.
7. What are your rights in relation to the personal data we process.
Under the applicable data protection legislation at European Union level, the data subject may exercise the following rights:
Access: to obtain confirmation as to whether or not your personal data is being processed and the right of access to them; requests that are manifestly unfounded, excessive or repetitive may not be answered;
rectification: correcting/obtaining the correction of personal data if they are inaccurate or out of date and supplementing data if they are incomplete;
erasure/deletion: in some cases, obtaining the erasure of personal data provided; this is not an absolute right, as the data controller may have legitimate and/or lawful reasons for storing them;
limitation: data will be stored but cannot be further processed in the cases provided for by the Regulation;
portability: moving, copying or transferring data from the Data Controller's databases to third parties. This applies only to data provided by the data subject for the performance of a contract or for which express consent has been given and the processing is carried out by automatic means;
objection to direct marketing;
withdrawal of consent at any time if the processing is based on consent.
You can exercise these rights by sending an e-mail to privacy@taptasty.ro or by sending a request to our office at 18 Onisifor Ghibu Street, postal code 410497, country of Oradea, Romania. Bihor. The data controller will respond within 30 days of receipt of the data subject's formal request.
8. How we protect personal data.
We are committed to using appropriate tools and procedures that guarantee the security and confidentiality of your personal data in our systems.
9. Processing of children's personal data.
This web page is intended exclusively for users over the age of 16. We do not intend to process the personal data of children under the age of 16. If we become aware of such processing, we will stop it immediately.
10. Automated decision-making process
We do not make decisions based solely on automated processing of your data which produce legal effects concerning you or which similarly affect you to a significant extent.
11. Other websites
Our website contains links to other websites. This privacy policy applies only to this Site, so when you link to other websites, you should read their privacy policies.
12. National data processing supervisory authority
You may lodge a complaint with the National Supervisory Authority for Personal Data Processing at its headquarters in Bucharest, B-dul G-ral. Gheorghe Magheru 28-30, Sector 1, postal code 010336, Romania or at the e-mail address anspdcp@dataprotection.ro
13. Amendments and revisions
This Privacy Policy may be amended and updated by us from time to time as necessary. We will notify you of any material or substantive changes to this Privacy Policy and we will ensure that notice is given so that it reaches you.
14. Contact Us
If you have any questions about our privacy policy, you can write to us at privacy@taptasty.com or by mail at
TAPTASTY SA
Str. Santului 2E, Oradea, jud. Bihor.
Effective as of July 21, 2022