Terms of Service

TapKio is self-serve restaurant ordering kiosk software, plus optional hardware, configuration, programming, integration, training, and support services.

TapKio is not a bank, payment processor, money transmitter, money services business, card network, tax advisor, accountant, or legal advisor. Payments are made directly between the customer and the Restaurant using supported third-party payment methods such as Zelle in the U.S., Cash App, Venmo, or local payment app or bank-transfer options in other countries.

Features, screens, and integrations may evolve. We may add, modify, or remove features at any time, with reasonable notice for material changes that adversely affect production use.

You must be at least 18 years old and authorized to bind the business you represent. You agree to provide accurate, current, and complete account information and to keep it up to date.

You are responsible for maintaining the confidentiality of all credentials (logins, PINs, API keys, recovery codes) and for all activity that occurs under your account. Notify us promptly of any suspected unauthorized access.

You are solely responsible for: (a) confirming payment receipt in your bank or payment app before fulfilling any order; (b) issuing refunds when appropriate; (c) reporting all taxable income; (d) collecting and remitting applicable sales, use, VAT, GST, or similar taxes; (e) maintaining required business licenses and food-handling permits; (f) accurate display of menu items, pricing, allergens, nutrition, and any disclosures shown on the kiosk; and (g) compliance with all applicable local, state, federal, and international laws.

You are responsible for the conduct of your staff using the confirmation dashboard and for any content (menu copy, images, marketing) you upload.

Software fees, hardware pricing, custom build fees, and support plans are set out in your order form, statement of work (SOW), or published price list in effect at the time of purchase. Unless stated otherwise, fees are quoted in U.S. dollars and are exclusive of taxes, duties, shipping, and installation.

Recurring subscription fees are billed in advance and are non-refundable except as required by law or as expressly stated in your order. Past-due invoices may accrue interest at the lesser of 1.5% per month or the maximum allowed by law and may result in suspension of the Services.

Availability of Zelle, Cash App, Venmo, Apple Pay, Google Pay, or any local payment app (e.g., Yape, PIX, SPEI, MODO, Nequi, Bizum, ATH Móvil) depends on your bank or financial institution, the customer's bank or app, transaction limits, fraud controls, and the policies of the underlying provider. TapKio does not control these third-party services and cannot guarantee that any specific transaction will succeed or settle within a particular timeframe.

TapKio does not hold, route, or escrow customer funds. Funds move directly from the customer to the Restaurant through the chosen third-party method. The Restaurant bears the risk of non-payment, late settlement, reversals, and provider errors.

Where TapKio supplies hardware, title passes upon full payment and delivery. Hardware is covered by the manufacturer's standard warranty, which we will pass through where permitted. TapKio disclaims all other hardware warranties to the maximum extent allowed by law.

You are responsible for site readiness (power, networking, mounting), physical security of the hardware, and routine cleaning and maintenance.

Custom kiosk configurations, menu logic, branding, integrations, and other professional services are quoted separately. Scope, timelines, acceptance criteria, change-order procedures, and deliverables for custom work are defined in the applicable order form or SOW. Deliverables not rejected in writing within ten (10) business days of delivery are deemed accepted.

Subject to your compliance with these Terms and payment of applicable fees, TapKio grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the subscription term for your internal business operations.

TapKio and its licensors retain all right, title, and interest in and to the Services, including all software, code, designs, documentation, trademarks, and improvements. You retain all rights in your menus, branding, photos, and other content you upload ("Restaurant Content"), and grant TapKio a worldwide, royalty-free license to host, display, and process Restaurant Content as needed to provide the Services.

You may not (and may not permit others to): copy, modify, reverse engineer, decompile, or create derivative works of the Services except as permitted by law; resell, sublicense, or provide the Services to third parties as a service bureau; or use the Services to build a competing product.

Our handling of personal information is described in our Privacy Policy. You are the controller of personal information about your customers; TapKio acts as a processor with respect to that information and will process it only to provide the Services or as otherwise required by law.

The Services may interoperate with third-party services (banks, apps de pago, SMS/email providers, analytics, hardware vendors). TapKio is not responsible for third-party services, their availability, fees, terms, or privacy practices. Your use of a third-party service is governed by that party's terms.

You will not use the Services to: (a) facilitate illegal activity, evade taxes, or launder funds; (b) misrepresent goods, prices, or origin to customers; (c) transmit malware or attempt to disrupt the Services; (d) access the Services through unauthorized means or scrape data at scale; (e) infringe intellectual property or privacy rights; or (f) operate businesses prohibited by applicable third-party payment providers (e.g., adult, weapons, controlled substances) where such use violates that provider's rules.

TapKio provides commercially reasonable support during published business hours and best-effort uptime for cloud components. We do not guarantee uninterrupted or error-free service. Internet outages, third-party payment provider outages, hardware failure, scheduled maintenance, and force majeure events may interrupt service. You should maintain a fallback ordering method (such as an existing register).

Any specific service-level commitments must be expressly stated in a signed order or SOW.

Either party may terminate a subscription at the end of the then-current term by giving written notice at least thirty (30) days before renewal. TapKio may suspend or terminate the Services immediately for non-payment, breach of these Terms, suspected fraud, or risk to the platform or other users.

Upon termination: (a) your access ends; (b) accrued fees remain payable; (c) you may export your data for thirty (30) days, after which we may delete it subject to legal retention; and (d) provisions that by their nature should survive (payment, IP, disclaimers, liability limits, indemnity, dispute resolution) survive.

The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. TapKio does not warrant that the Services will meet your requirements, operate uninterrupted, be secure, or be free of errors. No advice or information, oral or written, obtained from TapKio creates any warranty not expressly stated.

To the maximum extent permitted by law, in no event will TapKio, its affiliates, or their licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunities, even if advised of the possibility.

TapKio's aggregate liability arising out of or relating to the Services or these Terms will not exceed the fees paid by you to TapKio in the twelve (12) months preceding the event giving rise to the claim. These limits apply to the fullest extent permitted by law and do not limit liability that cannot be limited under applicable law.

You will defend, indemnify, and hold harmless TapKio and its affiliates from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Restaurant Content; (b) your use of the Services in violation of these Terms or law; (c) your products, services, or operations; (d) tax obligations; or (e) disputes between you and your customers, including refund and order-fulfillment disputes.

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction of state and federal courts located in Miami-Dade County, Florida, except as set forth below.

Any dispute not resolved through good-faith negotiation within thirty (30) days may, at either party's election, be submitted to binding arbitration administered by a recognized arbitration body under its commercial rules, seated in Miami, Florida, in English. The parties waive any right to a jury trial and to participate in a class action to the maximum extent permitted by law.

Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor action, government action, pandemics, internet or utility outages, or third-party provider failures.

Each party will protect the other's non-public information disclosed in connection with the Services with at least the same care it uses to protect its own confidential information (and in any event no less than reasonable care), use it only to perform under these Terms, and not disclose it except to personnel and advisors with a need to know who are bound by confidentiality obligations.

You may not assign these Terms without our prior written consent, except to a successor in interest by merger, acquisition, or sale of substantially all assets, provided the successor is not a competitor of TapKio. TapKio may assign these Terms to an affiliate or in connection with a corporate transaction.

You consent to receive communications electronically. Notices to TapKio must be sent to the email hello@tapkio.com. Notices to you may be sent to the email associated with your account.

You will comply with all applicable export-control and economic-sanctions laws and represent that you are not located in, or a national or resident of, any country or on any list subject to comprehensive U.S. sanctions.

We may update these Terms from time to time. The "Last updated" date will reflect the most recent change. For material changes, we will provide reasonable advance notice (for example, by email or in-product notice). Continued use of the Services after the effective date constitutes acceptance.

These Terms, together with any order forms, SOWs, and policies referenced here, constitute the entire agreement between the parties on the subject matter and supersede all prior agreements. If any provision is held unenforceable, the remainder remains in effect. A waiver must be in writing and is not a waiver of any later breach.

Questions about these Terms can be sent to the email hello@tapkio.com.