Terms of Service
TapTasty's terms and conditions are changing. The updated terms and conditions come into force on 20 July 2022. If you use our service after this date, you confirm that you have read and agree to the updated terms.
Welcome to TapTasty! These terms and conditions ("Terms") are a legally binding agreement for your access to and use of any websites, mobile sites, mobile applications, products or services ("Services") offered by TapTasty ("TapTasty", "We", "Us"). ("Customer", "You", "Your") shall refer to any individual or entity and its authorized users who subscribe to or use the Services.
By using our Services, you agree to these Terms (on behalf of yourself or the entity you represent) and represent and warrant that you have the right, authority and capacity to accept these Terms (on behalf of yourself or the entity you represent). Please read them carefully. If the Site Terms are not acceptable to you, you should immediately discontinue using the Site.
Access to the Site may be restricted or suspended at any time, without prior notice, including for security reasons or during the execution of a maintenance session, without this giving rise to any right to compensation against TapTasty.
2. Service description
TapTasty is a service designed to simplify operations in the restaurant industry by creating a custom mobile app and dashboard to manage customers, orders, deliveries, and marketing and loyalty campaigns. You can connect to the Services using any modern Internet browser. You are responsible for obtaining the necessary Internet access and equipment to use the Services. You can create and edit content with your user account and, if you choose to do so, you can publish and share that content.
Everything you see/read on this website (the so-called "Content of the Services"), including text, photos, illustrations, graphics, web graphics, audio clips, video clips and any other data, is the exclusive property of and protected by Romanian copyright law and all applicable international copyright treaties. The use without written consent of any elements of the site or any elements listed above is punishable under applicable laws. You may not copy, download, print, publish, display, process, distribute, transmit, transfer, translate, modify, add, update, compile or transform/adapt in any form the content of the Services or parts thereof without obtaining prior written consent from TapTasty.
You retain ownership of your content ("User Content"). By "User Content" we mean things you upload, post or otherwise make available to TapTasty in the form of text, audio or video content. TapTasty does NOT claim ANY ownership rights to your Content. However, we do need you to grant us certain rights to your Content so that we can incorporate such Content into our Services. Without such rights, we may violate copyright and other laws by storing, posting or displaying User Content. By posting or publishing any Content on or through TapTasty, you grant us a limited, non-exclusive, fully-paid, royalty-free, worldwide license to use, publish, modify, delete, add, reproduce and otherwise use such Content. You confirm and warrant to TapTasty that you own all rights, licenses and permissions to grant the foregoing license.
4. Your account
(a) all required registration information you provide is true and accurate;
(b) you will maintain the accuracy of such information.
You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to notify TapTasty immediately of any unauthorized use or suspected unauthorized use of your account or any other breach of security. TapTasty cannot and will not be liable for any loss or damage resulting from your failure to comply with the above requirements.
5. Access to Service
Subject to these Terms, TapTasty grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own business purposes in accordance with the type of account to which you currently subscribe. The rights granted to you under these Terms are subject to the following restrictions:
(a) You may not copy, modify, distribute, sell or rent any portion of the Services and the accompanying software.
(b) You may not reverse engineer or attempt to extract the source code of such software program, except as permitted by law or with our written permission.
You acknowledge and agree that all intellectual property rights, including copyrights, patents, trademarks and trade secrets in the Services and their content are owned by TapTasty. Neither these Terms (nor your access to the Services) transfer to you or any third party any right, title or interest in or to such intellectual property rights, except for the limited access rights expressly described above.
6. Personal data of the end user
You acknowledge and agree that we will collect end users' personal data as part of providing services to you. You will be solely responsible for the integrity, accuracy, legality and reliability of all personal data. You hereby grant and represent that you have the right to grant TapTasty a non-exclusive, royalty-free, fully-paid, worldwide license (with the right to sublicense) to access, use, reproduce, electronically distribute, transmit, format, display, store, archive and index end users' personal data for the purpose of providing services to you. We represent and warrant that we will not sell, license, rent or otherwise share end users' personal data with any third party except as necessary to provide the services.
7. Use of the Site
You may not use the Site to upload, post or transmit any material:
(a) that infringes the rights of third parties, including any copyright, trademark, patent, trade secret or other intellectual property or proprietary right;
(b) that is threatening, false, misleading, abusive, harassing, licentious, libellous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, profane or any other material that could constitute or encourage conduct that would violate any law, public policy, morality or would otherwise give rise to civil, criminal, disciplinary or other liability or violate any law.
(c) harming minors in any way.
TapTasty reserves the right to terminate any account or user who has violated any of the above prohibitions.
8. 8. Warranties and disclaimer
We provide services "as is" and "as available" and taptasty (and all its suppliers) expressly disclaim all warranties and conditions of any kind, express or implied, including all warranties with respect to the content within the services, the specific functionality available through the Services, their reliability, availability and ability to meet your requirements.
We (and our suppliers) make no warranty that the Services will be available uninterrupted, timely, secure or error-free, that any defects will be corrected, or that the Services or the servers that make the Services available are free of viruses or other harmful components. Taptasty disclaims any responsibility or liability in relation to any content or services provided by third parties. Taptasty is not responsible in any way for third-party services associated with or used in connection with the Services, including the failure of such third-party services or platforms.
Certain jurisdictions provide certain warranties, such as the implied warranties of merchantability, fitness for a particular purpose and non-infringement, so certain limitations may not apply to you. To the extent permitted by law, we exclude all warranties.
You will indemnify us, our agents, employees, our partners and our licensors for any claims, demands, losses or damages, including reasonable attorneys' fees, arising out of or in connection with your Content, your use of the Services or your violation of the Terms.
TapTasty will use reasonable efforts to notify you of any such claim, action or proceeding as soon as it becomes aware of it. The indemnification obligations set forth in this section shall survive any termination or expiration of this Agreement or your use of the Services.
10. LIABILITY FOR OUR SERVICES
WE ARE NOT LIABLE TO YOU. OR TO ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED, INCLUDING LOST PROFITS, LOST REVENUE OR LOSS OF REPUTATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TAPTASTY, ITS SUPPLIERS AND ITS PARTNERS FOR ANY CLAIM UNDER THESE TERMS AND CONDITIONS, INCLUDING ALL IMPLIED WARRANTIES, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US IN THE 3 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM FOR USE OF THE SERVICES (OR, AT OUR OPTION, ONE HUNDRED DOLLARS ($100)).
THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF A REMEDY DOES NOT FULLY COMPENSATE YOU FOR THE LOSS OR WE KNEW/SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF DAMAGES.
You may terminate your use of our Services at any time. Termination of your account will not relieve you of any obligation to pay any fees due.
TapTasty may also discontinue providing the Services to you and we may terminate or suspend your right to use and access the Services at any time if:
(a) you violate any provision of the Terms (or act in a manner that clearly indicates that you do not intend or are unable to comply with the Terms);
(b) you fail to timely pay the fees for the Services;
(c) you materially breach any provision of the Terms and (i) the breach cannot be corrected or (ii) we notify you of the breach and you do not correct it within 14 days;
(d) you physically, verbally or otherwise abuse, threaten, demean or harass us or our staff;
(e) you have repeatedly made complaints in bad faith or without a reasonable basis and continue to do so after we have asked you to stop;
(f) we are required to do so by law (for example, if the provision of Services to you is or becomes unlawful);
We believe that you are the owner of your own data, and keeping access to that data is important. If we discontinue providing a Service, where reasonably possible, we will notify you in advance and reasonably offer you the opportunity to retrieve the information from the Service.
12. Final remarks
These Terms and Conditions govern the relationship between TapTasty and you. They do not create any rights for third party beneficiaries.
If you do not comply with these Terms and Conditions and we do not take immediate action, it does not mean that we waive the rights we have. If certain Terms and Conditions are found to be unenforceable, this will not affect the rest of the Terms and Conditions. In the event of any dispute arising out of or in connection with these Terms and Conditions or the Services, Romanian law shall apply. All claims arising out of or in connection with these Terms and Conditions or the Service must be brought solely and exclusively in Romanian courts.
If you have any questions about your use of the TapTasty Site and/or Services or these Terms and Conditions, we are happy to provide information at email@example.com.
Your privacy is important to us.
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.
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 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.
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 firstname.lastname@example.org 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
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 email@example.com
13. Amendments and revisions
14. Contact us
SC ELEVEN DIGITS SRL
str. Onisifor Ghibu nr. 18, postal code 410497, Oradea, jud. Bihor.
Effective as of July 21, 2022