Terms and Conditions
The conditions governing contractual collaboration and the use of TapTasty services.
PREAMBLE
1.1This document regulates the terms and conditions of the contractual collaboration between the Provider and the Beneficiary and represents the law of the parties in accordance with the provisions of art. 1270 of the Romanian Civil Code.
1.2The provider is the company TAPTASTY SA , based in Oradea, Str. Santului 2E, Bihor county, registered at the Trade Registry Office under no. J05/1228/2014, fiscal identification code RO33462987, bank account RO15BTRLRONCRT0264469402, opened at Banca Transilvania, represented by Adorian Chiorean.
The provider offers an online and in-person order management service in the HoReCa field.
1.3The Beneficiary is the legal person who purchased at least one of the services offered by the Provider.
PLANS AND PRICING
2.1To view the packages and services offered, the Beneficiary has access to a dedicated page available on the Provider's website (https://www.taptasty.com/pricing/).
2.2After selecting the desired module/modules on the Pricing page and selecting ”Get A Quote”, one of our colleagues from the sales department will reach out to you as soon as possible to discuss an offer.
2.3The final price of the services to be provided will be reflected in the agreed offer, which will become an annex to the contract of collaboration.
METHOD OF PAYMENT OF THE PRICE
3.1The Beneficiary can pay for the services contracted from the Provider:
Monthly or yearly at the prices corresponding to each contracted service according to the agreed offer.
3.2The Beneficiary will pay the contracted services within 5 days from the issuance and communication of the invoice by the Provider. After 3 days of exceeding the due date, the provider reserves the right to suspend access to the administration panel of the TapTasty service
If the Beneficiary opts for monthly payment of the price, the invoice will be issued monthly, for the ongoing month, and communicated to the Beneficiary.
If the Beneficiary opts for the annual payment of the price, the invoice will be issued annually and communicated to the Beneficiary at the begining of the first month of each contractual year.
3.3If payment in foreign currency is not possible, payment will be made in lei at the exchange rate published by the BNR on the invoicing date.
3.4For 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 no. of 10 days from the date when the payment became due.
3.5Under no circumstances does the Provider have the obligation to return the amounts collected from the Beneficiary for the services provided pursuant to the contract concluded between the parties.
DURATION OF THE CONTRACT
4.1The contractual relationship between the parties ends for an indefinite period, starting from the date on which the Beneficiary accepts these Terms and Conditions.
RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1The provider has the following main rights and obligations:
- a)
To be paid the price of the purchased service, at 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 services;
- c)
To ensure the proper functioning of the service offered, according to the specifications provided in the purchased service.
- 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)
To provide monthly maintenance and support to the Beneficiary, in using the TapTasty service or fixing any possible technical problems. For the availability of the TapTasty service, it collaborates with external partners, renowned companies in the field, such as: Firebase, Google Play and App Store, Digital Ocean, Paylike, which usually guarantee 99% availability. In the event that services provided by third-party partners are suspended, discontinued, or become subject to insolvency or bankruptcy proceedings, TapTasty shall make reasonable efforts to work closely with the Client to identify and implement alternative solutions in order to ensure the continuity of the service.
However, TapTasty shall not be liable for any consequences arising from the suspension, discontinuation, insolvency, bankruptcy, or other cessation of services provided by third-party partners, nor for any decision by such partners to terminate or refuse to continue their collaboration with TapTasty.
- 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 service 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 to ensure the protection of personal data, according to the law;
- i)
To process the personal data of natural persons of which it is aware by virtue of the provision of services, in accordance with the law and the contract;
- j)
To provide support to the Beneficiary in the process of entering products into the order panel, through video materials.
5.2The 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 make payment for the services to the Provider, when due, according to the provisions of this document;
- c)
To make available to the Service Provider the works that fall within its competence to carry out those provided for in the contract, as well as any data and information requested by the Service Provider, in case of delay due to its own fault, the contractual terms being delayed 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 deliver them at 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 TapTasty company with whom the customer came into contact to request external services or to propose any form of employment under the penalty of paying a penalty of 100,000 euros for each violation of this clause;
- h)
To preserve the confidentiality of the contract and the correspondence between the parties regarding it;
- i)
During the development of the contract between the parties, the Beneficiary agrees not to divulge the information, documents and materials presented in the framework of the contract with the subject:
- Introducing the TapTasty service
- The total or partial functionality of the TapTasty service
- The benefits of the TapTasty service
- Marketing strategies
- The prices included in the commercial offer
Any disclosure by the Beneficiary, intentionally or through fault, of the information presented in the 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 TapTasty service comply with the legislation in force, being responsible for the products sold through the TapTasty service
- k)
The Beneficiary has the right to make available to other entities (customers) the right to use the TapTasty service that is the subject of the contract;
- l)
The Beneficiary is responsible for the introduction, content and use of the terms and conditions displayed through the TapTasty service;
- m)
The recipient is solely responsible for the integrity, accuracy, legality and reliability of all personal data of end users. The Recipient 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 it 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 the contract.
- o)
The beneficiary is responsible for the total administration of the service provided, including the introduction and management of the menu, the management of marketing campaigns, or any other functionality of the service provided by the provider.
- p)
The Beneficiary is the owner of the personal data of the end customers (TapTasty system users) having the obligations provided by law regarding storage, processing, use, etc. of this data. In order to fulfill the obligations assumed by the Provider under the 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 components of the TapTasty service purchased by the Beneficiary, who has the right to establish and implement his own promotion strategy.
- r)
The Beneficiary has the obligation to use the TapTasty service in a reasonable way, In this sense, the following upper limits are imposed for 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.
5.3Technical Responsibilities of the Client
The Client is responsible for ensuring and maintaining all technical conditions necessary for the proper functioning of the service provided by the Provider. These conditions include, but are not limited to: local network infrastructure, internet connection, hardware equipment, network configurations, power supply, and any other systems or services under the Client’s control.
The Provider shall not be held liable for the failure, malfunction, or interruption of the service caused by deficiencies, errors, unavailability, or limitations of technical elements that are the responsibility of the Client or of the Client’s third-party providers (e.g., internet service providers, electricity suppliers, hosting services, etc.).
5.4Client Responsibility for System Operation, Inventory Management, and Data Accuracy
The Client understands and agrees that the day-to-day operation of the TapTasty system, including but not limited to the entry, modification, verification, and validation of data relating to products, inventory, stock management, recipes, sales, transfers, stock counts, inventory documents, and any other operational information, is carried out exclusively under the responsibility of the Client and its users, employees, contractors, or representatives.
TapTasty provides the Client with a software platform designed for the management and processing of data entered or generated through the use of the system. However, TapTasty neither has the obligation nor the ability to independently verify the accuracy, completeness, legality, or correctness of the data entered, processed, imported, modified, or validated by the Client or its users.
In particular, the Client bears sole responsibility for the correctness and accuracy of inventory management records, stock levels, generated documents, transactions performed within the system, and for periodically verifying the consistency between the data contained in the platform and the actual operational, accounting, tax, and business records of its establishments.
TapTasty assumes no liability whatsoever for any discrepancies, errors, inconsistencies, losses, omissions, incorrect entries, improper use, misconfigurations, or misinterpretations of data within the system, all of which remain the sole responsibility of the Client.
By using the system, the Client releases and discharges TapTasty from any liability arising from discrepancies between the data recorded in the platform and the actual status of inventory, stock, sales, documents, or any other internal, accounting, or tax records of the Client, except where it is directly and unequivocally demonstrated that such discrepancies were caused exclusively by a technical error attributable to TapTasty.
The Client is responsible for training its users, verifying the data entered into the system, conducting periodic reviews, stock counts, accounting and tax audits, and promptly reporting any potential errors or discrepancies identified during the use of the platform.
PERMISSIONS
The Client grants the Provider permission to use visual identity elements, branding, and graphic design materials necessary for the development of the mobile application, including (but not limited to) the company/brand logo, color scheme, custom design elements, product presentation images, etc.
These elements are provided to the Provider through digital means and shall be used strictly for the purpose mentioned above.
CONFIDENTIALITY. COPYRIGHT
7.1The parties undertake to maintain the confidentiality of the provisions and information contained in the contract, as well as the information provided by the parties during the performance of the contract, except in cases where these data are officially requested by state institutions.
7.2Confidential 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 the contract.
7.3Any 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 Agreement 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.
7.4If, following a request from the Beneficiary, a new functionality is developed, the functionality will be made available to all 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 .
7.5Confidentiality 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.
7.6The data of the people who purchased the services through the TapTasty service, 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 TapTasty service, suppliers, collaborators, as well as any information related to the activity carried out by it in within the TapTasty service
7.7All 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.
7.8All 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.
7.9The Beneficiary agrees to the Provider's use of public materials through the TapTasty service (design screens, pictures 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.
PROTECTION OF PERSONAL DATA
8.1Each of the contracting parties undertakes to comply with the national and European legislation in force regarding the protection, confidentiality and processing of personal data.
8.2Each party is responsible for the internal procedures for keeping, processing and protecting the personal data of natural persons employed or collaborating or with whom they come into contact as a result of the effects of the contract.
8.3The legal entity provider 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 loss or destruction accidental or illegal .
8.4The processing of the personal data of natural persons is carried out for the purpose of executing the contract, of 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 the duration necessary to achieve the objectives described above, using technical means to store the data under security conditions.
8.5Natural persons whose data are processed by the Service 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 Service Provider and even request the deletion of the data. We mention 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.
8.6In the event of the assignment or subcontracting, total or partial, of the contract, both parties will ensure that third party assignees or subcontractors comply with the obligations regarding the protection and processing of personal data.
8.7The 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 compliance 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 the contract.
NOTICES BETWEEN THE PARTIES
9.1In 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 the contract. If the notification is made by post, it will be sent by registered letter with acknowledgment of receipt and is considered received by the addressee on the date indicated by the receiving post office on this acknowledgment.
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.
9.2Verbal notifications are taken into account to the extent that they are confirmed and in one of the ways described in this paragraph.
FORCE MAJEURE AND FORTUNE
10.1Except 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 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.).
10.2The party invoking force majeure is obliged to notify the other party, within 72 hours, in writing and in full, of its occurrence and to take all 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.
10.3The fortuitous case removes the liability of the parties to the extent that it has been communicated to the other party within the term provided for in the previous paragraph and can be proven.
10.4In situations of force majeure or fortuitous event, the parties do not owe each other damages or penalties and cannot be obliged to perform services except for those that require urgency and can be performed.
10.5During the period of force majeure or fortuitous event, the contract is suspended and will be resumed after the end of the situation that caused the suspension.
MODIFICATION OF TERMS AND CONDITIONS. TERMINATION OF CONTRACT. DISPUTES.
11.1The 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.
11.2None of the parties to the 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 transferor within 10 working days from the date on which he requested the transferee's 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.
11.3The contract ends in one of the following situations:
- a)
By the unilateral termination of the contract carried out by any of the parties in the event that 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.
11.4Unilateral termination of the contract by one of the parties is done on the basis of a declaration of unilateral termination and with respect to a notice notified to the other party of 15 working days.
11.5The contract can be unilaterally terminated by the Provider if, during a period of 6 months from the delivery of the TapTasty service, the Beneficiary does not start using the service provided.
11.6The contract can be unilaterally terminated by the Provider if the Beneficiary does not pay within 45 days from the date of issuance of an invoice issued by the Provider.
11.7Termination will have no effect on obligations already due between the parties.
11.8The provisions of this article do not remove the liability of the party that culpably caused the termination of the contract.
11.9Disputes arising from the conclusion, execution, modification, termination and interpretation of the clauses of this document shall be resolved amicably or by the competent courts at the Provider's headquarters.
11.10The provisions of these Terms and Conditions of the contract are supplemented by the provisions of the relevant Romanian legislation, in force. The contract comes in effect on the date of its acceptance by the Beneficiary. The law of the contract is Romanian law.
MISCELLANEOUS
12.1These Terms and Conditions constitute the entire agreement and any prior discussions, guarantees, obligations, understandings or agreements are superseded by this Agreement.
12.2TapTasty will continue to develop the TapTasty service, without imposing additional costs on the part of the Provider.
Note: For the particular or urgent development of some functionalities that the Beneficiary wants added to this service, 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/advance price agreed by the parties.
12.3.The mobile applications offered by the TapTasty service will be published on the App Store and Google Play from the Provider's account, namely from the account of the TapTasty company. Thus, the annual maintenance costs, as well as the updating of the account, will be provided by the Provider.
12.4TAPTASTY SA is a software company whose business activity consists of developing and providing services that fall within the Software as a Service (SaaS) category. The installation of TapTasty services is carried out on equipment owned by the client and located at the client’s premises, and/or, at the client’s request, TapTasty may facilitate the purchase of the equipment required for installing the services contracted by the client.
In either of these two cases, TapTasty does not assume responsibility for the equipment sold to, or already owned by, the client, nor for any aspects related to the existing network or technical infrastructure.
12.5If for various reasons the Beneficiary no longer wishes to purchase the service purchased through the contract, the amounts paid up to the time of cancellation remain the Provider's income.
12.6If a term and/or provision of the contract or part of it is declared void or unenforceable by a competent court, only that provision and/or part of the contract will be considered void or unenforceable and will not affect the validity or applicability of the other clauses of the contract.
12.7These Terms and Conditions become binding and apply between the parties from the date of their acceptance by the Beneficiary.