1. Who This Agreement Is With
TapLocal is a service operated by Taste of the Town USA, LLC, with a principal
place of business at 1209 Mountain Road Pl NE, STE R, Albuquerque, NM 87110.
By purchasing or using TapLocal services, you agree to these Terms.
2. What TapLocal Provides
TapLocal provides local-business services that may include:
- installation of a branded NFC + QR card that provides customers with a direct
path to a business's Google review page;
- a complimentary TapLocal Intelligence Report™ based on publicly available review
information associated with the business;
- assistance with Google Business Profile setup or configuration where
appropriate; and
- for eligible service-area businesses, assistance with Business Profile setup and
Google's verification process.
Services provided to a particular business are determined
by the applicable order, service description, or other agreement between the
parties.
TapLocal does not control Google Search, Google Maps, Google Business Profile, or
any other third-party platform. Third-party platforms may change their features,
requirements, policies, availability, or functionality at any time.
3. No Review Manipulation
TapLocal does not buy, sell, gate, filter, fabricate, or incentivize reviews.
We do not guarantee any particular star rating, review volume, ranking, visibility,
customer response, or other business outcome.
Our NFC and QR products are intended to make it easier for customers to access a
business's review page. They are not designed to influence the rating or content of
a customer's review. Customers remain free to provide honest feedback, including
negative feedback.
You agree not to use TapLocal services or materials to:
- create or solicit fake or fraudulent reviews;
- offer incentives in exchange for reviews;
- discourage or prohibit negative reviews;
- selectively solicit positive reviews;
- pressure customers to leave a particular rating or include particular content;
or
- otherwise manipulate review ratings or content.
4. TapLocal Intelligence Report™
The TapLocal Intelligence Report™ is a courtesy analysis of publicly available
review information associated with your business as of the date the Report is
prepared.
The Report may identify recurring themes, commonly mentioned strengths or concerns,
areas of customer feedback, and potential opportunities for improvement. Where
appropriate, the Report may state a confidence level based on the amount of
available information.
The Report is informational only. It is not a statistical study, audit,
investigation, legal opinion, financial advice, or other professional advice.
Review information can change after a Report is prepared. Reviews may be added,
removed, edited, restricted, or become unavailable. Accordingly, a Report does not
represent a permanent or complete record of a business's reviews.
5. Use of Reports and Anonymized Examples
TapLocal may use anonymized or de-identified excerpts, summaries, findings, or
other portions of an Intelligence Report for demonstration, educational, or
marketing purposes, provided that the material does not identify the business or
reasonably permit the business to be identified.
TapLocal will not publicly identify you as a TapLocal client or publish an
identifiable version of your Intelligence Report without your separate consent.
6. Google Business Profile Assistance
When TapLocal assists with a Google Business Profile, you must be the business
owner or an authorized representative of the business.
Any access or authority granted to TapLocal for Business Profile assistance will be
established through a separate written or electronic authorization identifying the
permitted scope of our assistance.
You retain ownership or co-ownership of your Business Profile. Where appropriate,
TapLocal may be added as a manager or other authorized user with only the access
reasonably necessary to perform the authorized service.
TapLocal will not claim a Business Profile without your express authorization,
represent itself as Google, or represent that it is affiliated with, sponsored by,
or endorsed by Google.
Google's own terms, policies, and requirements govern your Google Business Profile
and your use of Google's services. TapLocal cannot guarantee that Google will
approve, verify, maintain, reinstate, or display a Business Profile or any
particular information associated with it.
If you end our Business Profile management services, TapLocal will cooperate with
the authorized transfer or removal of our access in accordance with Google's
procedures and applicable law.
7. Hardware and Installation
TapLocal NFC + QR cards are provided and installed as described in the applicable
order or service description.
TapLocal is responsible for programming and installing the card as agreed at the
time of service.
TapLocal is not responsible for failures caused by a customer's device, NFC
settings, browser, network connection, operating-system behavior, third-party
platform changes, Google's review-link or Business Profile changes, or other
circumstances outside TapLocal's reasonable control.
If a card fails because of a TapLocal programming or installation error, TapLocal
will make reasonable efforts to correct or replace it in accordance with the
applicable service terms.
8. Fees and Payment
Pricing, payment terms, and any applicable recurring charges are provided
separately in the applicable order, proposal, invoice, or service agreement.
Unless otherwise stated, the TapLocal Intelligence Report™ is provided at no
charge.
The Intelligence Report does not itself include or establish pricing for hardware,
installation, Business Profile assistance, ongoing services, or other paid
services.
9. Your Responsibilities
You are responsible for providing accurate information about your business and for
reviewing and approving information submitted or changed on your behalf.
You are responsible for maintaining access to and control of your Google Business
Profile and associated Google account.
You must promptly notify TapLocal if:
- information about your business changes;
- you no longer authorize TapLocal to manage a Business Profile;
- ownership or authorized representation of the business changes; or
- you believe information submitted or maintained by TapLocal is inaccurate.
You remain responsible for your business's compliance with
applicable laws, regulations, platform policies, and licensing requirements.
10. Third-Party Services
TapLocal may rely on third-party services, including Google and other technology,
hosting, communications, payment, mapping, analytics, or hardware providers.
TapLocal does not control those third parties and is not responsible for changes,
interruptions, outages, restrictions, suspensions, or other actions taken by
third-party providers, except to the extent caused by TapLocal's own breach of these
Terms or applicable law.
11. Intellectual Property
TapLocal retains all rights in its trademarks, branding, website, software,
processes, report formats, templates, methodologies, and other materials created or
owned by TapLocal, except for materials that belong to the customer or a third
party.
You retain ownership of information and materials that you provide to TapLocal.
You grant TapLocal the limited rights reasonably necessary to use information you
provide solely to perform the services you request, subject to these Terms and our
Privacy Policy.
12. Disclaimers
TapLocal services are provided based on the information, technology, and
third-party platforms available at the time the services are performed.
Except as expressly stated in a separate written agreement,
TapLocal does not warrant that:
- a Google Business Profile will be approved, verified, reinstated, or
continuously available;
- a particular search ranking or visibility will be achieved;
- customers will scan, tap, or use an NFC or QR card;
- customers will leave reviews;
- reviews will increase in number or rating;
- third-party platforms will continue to provide a particular feature or
functionality; or
- an Intelligence Report will identify every review, trend, or issue associated
with a business.
Nothing in these Terms excludes or limits any right or
remedy that cannot lawfully be excluded or limited.
13. Disclaimers and Limitation of Liability
13.1 Disclaimer of Certain Warranties
To the maximum extent permitted by applicable law, TapLocal provides its services,
hardware, reports, and related materials on an "as is" and "as available" basis,
except as expressly stated in an applicable written service agreement or order.
TapLocal disclaims all warranties, express or implied, that may lawfully be
disclaimed, including implied warranties of merchantability, fitness for a
particular purpose, title, and non-infringement.
Without limiting the foregoing, TapLocal does not warrant
or guarantee that:
- a Google Business Profile will be approved, verified, reinstated, maintained, or
continuously available;
- Google or any other third-party platform will continue to provide any particular
feature, review link, URL, API, integration, or functionality;
- an NFC or QR card will be used by any particular number or percentage of
customers;
- any customer will leave a review;
- reviews will increase in number, rating, frequency, or visibility;
- a business will achieve any particular search ranking, placement, traffic,
sales, revenue, customer response, or other business result;
- an Intelligence Report will identify every review, trend, issue, or customer
sentiment associated with a business; or
- the information available through a third-party platform will remain accurate,
complete, available, or unchanged.
Nothing in these Terms excludes or limits any warranty,
representation, right, or remedy that cannot lawfully be excluded or limited.
13.2 Exclusion of Certain Damages
To the maximum extent permitted by applicable law, TapLocal and its owners,
officers, employees, contractors, agents, and service providers will not be liable
for any indirect, incidental, special, consequential, exemplary, or punitive
damages, or for any loss of profits, revenue, business opportunities, goodwill,
data, or anticipated savings, arising out of or relating to the services, hardware,
Intelligence Reports, Google Business Profiles, third-party platforms, or these
Terms, regardless of the legal theory asserted and even if TapLocal has been advised
of the possibility of such damages.
13.3 Limitation of Aggregate Liability
To the maximum extent permitted by applicable law, the total aggregate liability of
TapLocal and its owners, officers, employees, contractors, and agents arising out of
or relating to the services, hardware, Intelligence Reports, or these Terms will not
exceed the amount actually paid by the customer to TapLocal for the specific
services giving rise to the claim during the 12 months immediately preceding the
event giving rise to the claim.
For a claim arising solely from a complimentary service for which the customer paid
no fee, the aggregate liability cap will be $100.
13.4 Exceptions
The limitations and exclusions in this Section do not apply to the extent
prohibited by applicable law or to liability that applicable law does not permit the
parties to limit or exclude.
The parties intend that this Section be enforced to the maximum extent permitted by
applicable law, with any unenforceable portion modified or severed only to the
extent necessary to make the remaining provisions enforceable.
14. Customer Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify,
and hold harmless Taste of the Town USA, LLC, TapLocal, and their respective owners,
officers, employees, contractors, agents, and service providers from and against
third-party claims, demands, actions, proceedings, damages, judgments, losses,
liabilities, costs, and reasonable attorneys' fees arising out of or relating to:
- your violation of these Terms;
- your misuse of any TapLocal hardware, link, card, report, software, or other
material;
- your use of TapLocal services in violation of applicable law, regulation, or a
third-party platform's terms or policies;
- your submission of inaccurate, misleading, unauthorized, or unlawful information
to TapLocal or to a third-party platform;
- your creation, solicitation, publication, or attempted manipulation of fake,
fraudulent, incentivized, deceptive, or otherwise prohibited reviews;
- your unauthorized use of another person's account, Business Profile,
intellectual property, personal information, or other rights; or
- your business operations, products, services, advertising, representations, or
dealings with your customers, except to the extent the applicable claim is caused
by TapLocal's own negligence, willful misconduct, or breach of these Terms.
You will not be required to indemnify an indemnified party
to the extent that a claim is finally determined to have resulted from that party's
own negligence, willful misconduct, or violation of applicable law.
14.1 Indemnification Procedure
TapLocal will provide reasonably prompt notice of any third-party claim for which
it seeks indemnification, provided that a delay in notice will not relieve you of
your obligations except to the extent the delay materially prejudices your ability
to defend the claim.
You may control the defense and settlement of the claim with counsel reasonably
acceptable to TapLocal, provided that you may not settle a claim in a manner that
admits liability by, imposes an obligation on, or requires a payment or other
concession from an indemnified party without that party's prior written consent.
TapLocal may participate in the defense with counsel of its choosing at its own
expense.
Nothing in this Section requires you to indemnify TapLocal for TapLocal's own
independent misconduct or for any liability that cannot lawfully be shifted to
you.
15. Termination
Either party may discontinue an ongoing TapLocal service relationship as provided
in the applicable service agreement or order.
TapLocal may suspend or terminate services if reasonably necessary because of
nonpayment, misuse of the services, violation of these Terms, violation of
applicable law or third-party platform policies, or circumstances that create a
material security, legal, or operational risk.
Termination does not eliminate obligations that by their nature should continue
after termination, including provisions concerning intellectual property,
disclaimers, liability, payment obligations, and dispute resolution.
16. Changes to These Terms
We may update these Terms from time to time.
When we make material changes, we will post the revised Terms with an updated
effective date and provide any notice required by applicable law.
Your continued use of TapLocal services after the effective date of revised Terms
constitutes acceptance of the revised Terms to the extent permitted by law.
17. Governing Law and Disputes
These Terms are governed by the laws of the State of New Mexico, without regard to
its conflict-of-law principles, except to the extent applicable law requires
otherwise.
18. General Provisions
If any provision of these Terms is determined to be unenforceable, the remaining
provisions will remain in effect to the extent permitted by law.
These Terms, together with any applicable order, service agreement, authorization,
and other documents expressly incorporated by reference, constitute the agreement
governing the applicable TapLocal services.
No waiver of any provision of these Terms will be effective unless made in
accordance with applicable law.
19. Contact
Questions about these Terms or TapLocal services may be submitted through the
contact form or
by contacting:
Taste of the Town USA, LLC
TapLocal
1209 Mountain
Road Pl NE, STE R
Albuquerque, NM 87110
20. Google Relationship Disclosure
TapLocal is an independent third-party service provider and is not affiliated with,
sponsored by, or endorsed by Google.
Google Business Profile is a service provided by Google LLC. Google may change its
products, policies, requirements, and verification procedures independently of
TapLocal.
Where TapLocal provides Business Profile management or assistance, the customer
remains responsible for maintaining ownership and control of its Business Profile
and for complying with Google's applicable policies.