Terms of Service

Who provides the service

These Terms of Service ("Terms") govern your use of SmartTap, a service operated by Henrique Pasquetto, a sole trader established in Ireland, trading as Capivarex (registered business name no. 787229), of 46 Leinster Road, Rathmines, Dublin D06 R6K1, Ireland ("SmartTap", "we", "us", "our").

By subscribing to or using SmartTap, you ("Customer", "you") agree to these Terms. If you do not agree, do not use the service.

1. The service

SmartTap provides tools and services for small businesses, which may include:

• NFC tags and physical hardware placed in your premises, linking customers to your digital menu, loyalty programme or review page.
• Digital menu pages hosted at smarttap.ie/menu/[your-business].
• AI-assisted review responses, where SmartTap generates draft replies to reviews left on your Google Business Profile.
• Messaging automation for connected social media accounts.
• Loyalty programme tools, including digital stamps and rewards.

Not all features are enabled for every Customer. The features included in your subscription are those agreed at the time of purchase.

2. Eligibility and accounts

You must be at least 18 years old and authorised to enter into agreements on behalf of the business you represent.

Where SmartTap manages your account on your behalf, you remain responsible for the accuracy of the information you provide to us and for the commitments made in your business's name.

3. Access to third-party accounts

To deliver certain features, you may grant SmartTap access to accounts you control on third-party platforms, including Google Business Profile.

By granting this access, you confirm that:

• You own, or are authorised to administer, those accounts.
• You have the authority to permit SmartTap to act on your behalf within them.
• You will inform us promptly if that authority changes or is withdrawn.

You may revoke this access at any time through the relevant platform. Doing so will disable the affected features, and we may be unable to continue providing part or all of the service.

4. AI-generated content

Some SmartTap features use artificial intelligence to generate draft text, such as replies to customer reviews or messages.

You acknowledge that:

• AI-generated content is a draft and may contain errors, inaccuracies or inappropriate wording.
• Where content is published on your behalf, it is published in your business's name and you remain responsible for it.
• We do not guarantee that generated content will be accurate, suitable, or free from error.
• You may request changes to how content is generated for your business, and may request that automated publication be disabled at any time.

Where automated publication is enabled for your account, you have expressly agreed to content being published without individual prior review.

5. Your responsibilities

You agree:

• To provide accurate and up-to-date information about your business, including menus, opening hours and pricing.
• Not to use SmartTap for any unlawful purpose, or to publish content that is defamatory, misleading, discriminatory or otherwise unlawful.
• To comply with the terms of any third-party platform connected to your account, including Google and Meta platform policies.
• To hold all rights necessary in any content you supply to us, including images, logos and menu content.

6. Third-party platforms

SmartTap relies on services operated by third parties, including Google and Meta. We do not control those platforms.

Changes to their policies, pricing, availability or approval processes may affect or interrupt SmartTap features. Where a feature depends on approval or continued access from a third party, we do not guarantee that such approval will be granted or maintained.

We will inform you where a change materially affects the service you receive.

7. Fees, billing and trials

Fees, billing frequency and any trial period are those agreed at the time of purchase.

Payments are processed by our payment provider. Unless stated otherwise, fees are payable in advance and are non-refundable for the period already invoiced.

We may change our fees on 30 days' written notice. If you do not accept a change, you may cancel before it takes effect.

Physical hardware supplied to you (including NFC tags and stands) remains subject to any separate purchase terms agreed at the time of sale.

8. Term, suspension and termination

These Terms apply for as long as you use the service.

You may cancel at any time with effect from the end of your current billing period.

We may suspend or terminate your access if:

• You breach these Terms and, where the breach can be remedied, do not remedy it within 14 days of being asked;
• Payment is overdue;
• Continuing to provide the service would place us in breach of a third-party platform's policies or of applicable law.

On termination, we will cease providing the service. Data retention following termination is described in our Privacy Policy and in our Data Deletion policy.

9. Data protection

Our handling of personal data is described in our Privacy Policy.

Where we process personal data on your behalf in the course of providing the service, you act as data controller and we act as data processor within the meaning of the General Data Protection Regulation (GDPR). A data processing agreement is available on request.

You may request deletion of data at any time, as described on our Data Deletion page.

10. Intellectual property

SmartTap, including its software, design and documentation, remains our property. Nothing in these Terms transfers ownership of it to you.

Content you supply remains yours. You grant us a non-exclusive licence to use it only as necessary to provide the service to you.

11. Limitation of liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any other liability which cannot lawfully be excluded.

Subject to that:

• We are not liable for indirect or consequential loss, including loss of profit, revenue, business or goodwill.
• We are not liable for loss arising from the acts, omissions, policy changes or unavailability of third-party platforms.
• Our total liability in any twelve-month period is limited to the total fees paid by you to us in that period.

The service is provided on a reasonable-efforts basis. We do not warrant that it will be uninterrupted or error-free.

12. Changes to these Terms

We may update these Terms from time to time. Where a change is material, we will give you reasonable notice before it takes effect. Continuing to use the service after that date constitutes acceptance.

13. Governing law

These Terms are governed by the laws of Ireland. The courts of Ireland have exclusive jurisdiction over any dispute arising from them.

Nothing in this clause affects any statutory rights you may have as a consumer under Irish or EU law.

14. Contact

Questions about these Terms:

Henrique Pasquetto, trading as Capivarex
Email: support@smarttap.ie
Address: 46 Leinster Road, Rathmines, Dublin D06 R6K1, Ireland