1. Who we are and what these terms cover
1.1 MezaTap is a sole proprietorship (eenmanszaak) registered with the Netherlands Chamber of Commerce (KVK) under number 42086035, VAT number NL005484324B92, email info@mezatap.com ("MezaTap", "we", "us").
1.2 These terms apply to every offer from us, every account on MezaTap, and every agreement for the use of the Service. Articles 1 to 17 and 19 to 20 apply to business customers. Article 18 applies to people who save and use a loyalty card (card holders).
1.3 We reject the applicability of any general terms of the Customer. Deviations from these terms apply only if we have confirmed them in writing.
1.4 These terms are available in Dutch, English, and Arabic. If the versions differ, the Dutch version prevails.
2. Definitions
- Service: the MezaTap platform, including the dashboard, the scan page for staff, the join pages, digital loyalty cards for Apple Wallet, Google Wallet, and the web, notifications, and all related features.
- Customer: the business (natural person acting in the course of a profession or business, or legal entity) that creates an account or enters into an agreement with us.
- User: anyone who uses the dashboard or scan page on behalf of the Customer, such as the owner, a manager, or staff.
- Card holder: a guest of the Customer who saves or uses a loyalty card of the Customer.
- Customer Data: all data that the Customer or its Users enter into the Service or that is collected through the Service for the Customer, including data about card holders.
- Wallet Platforms: Apple Wallet (Apple Inc.), Google Wallet (Google LLC), and comparable services of third parties.
- Agreement: the agreement between MezaTap and the Customer about the Service, consisting of these terms, the Data Processing Agreement, and the plan chosen by the Customer.
- In writing: also by email or through a notice in the dashboard.
3. Account and agreement
3.1 The Agreement is formed when the Customer completes the sign-up and accepts these terms and the Data Processing Agreement.
3.2 The Service is intended only for businesses. By signing up, the person creating the account confirms that they act for a business and are authorised to bind it. Consumers may not open a Customer account.
3.3 The Customer provides correct and complete information and keeps it up to date.
3.4 The Customer keeps login details confidential, uses a strong password, and grants staff only the access they need. Actions taken through the Customer's account or its User accounts are attributed to the Customer. The Customer informs us without delay at info@mezatap.com if it suspects unauthorised access.
3.5 We may refuse a sign-up, for example in case of suspected fraud or misuse.
4. Trial, plans, and payment
4.1 A new account starts with a free trial of 14 days with the features of the Tap Pro plan. No payment details are needed for the trial.
4.2 At the end of the trial the account automatically moves to the free Tap Start plan, with its limits, unless the Customer has chosen a paid plan. There is no automatic charge after the trial.
4.3 The current plans, features, limits, and prices are shown on the pricing page and in the dashboard. Prices are in euros, per location, per month, and exclude VAT where VAT applies.
4.4 Paid plans are billed monthly in advance through our payment provider Mollie, using the payment method the Customer authorises. The Customer ensures that the payment method has sufficient cover.
4.5 If a payment fails, we will notify the Customer. If the amount is still unpaid 14 days after that notice, the Customer is in default without further notice, and we may move the account to Tap Start or suspend paid features until payment is received. We may charge the statutory commercial interest (article 6:119a of the Dutch Civil Code) and reasonable extrajudicial collection costs in accordance with the Dutch statutory scale.
4.6 We may change prices with at least 30 days' notice In writing. A change applies from the next billing period after the notice period. If the Customer does not agree, it may cancel before the change takes effect.
4.7 Objections to an invoice must be sent to us In writing within 30 days of the invoice date.
5. Term, cancellation, and deletion
5.1 The Agreement runs for an indefinite period. Paid plans renew every month.
5.2 The Customer can cancel a paid plan at any time in the dashboard. The account then moves to Tap Start immediately; existing cards stay active within the limits of that plan. Amounts already paid are not refunded, unless mandatory law requires otherwise.
5.3 The Customer can close the account at any time in the dashboard settings. After a request to delete the account, we deactivate the Customer's loyalty cards and permanently delete the account and the Customer Data within 14 days, except for data we must keep by law, such as invoice data. Deletion from backups follows within 30 days after that.
5.4 Before deleting, the Customer can export its card holder list from the dashboard. After deletion, data cannot be recovered.
5.5 The Customer is responsible for informing its card holders when it ends its loyalty programme, and for settling rewards and stamps that have not been redeemed.
6. The Service and availability
6.1 We provide the Service with care and on a best efforts basis. We do not guarantee that the Service will be available at all times or free of errors.
6.2 We may carry out maintenance. Where reasonably possible we plan it at quiet times and announce larger maintenance in advance.
6.3 We may develop, change, or remove features. If we remove a core feature of a paid plan to the Customer's clear disadvantage, we will announce this at least 30 days in advance, and the Customer may cancel before the change takes effect.
6.4 Loyalty cards that are already saved generally remain visible in the wallet during a disruption. The Service includes offline stamping on the scan page, which is synchronised once the connection returns.
7. Apple Wallet, Google Wallet, and other third parties
7.1 Loyalty cards work through Wallet Platforms that are owned and operated by Apple and Google. We have no control over these platforms, their terms, their approval of certificates and accounts, or their technical changes.
7.2 We do not guarantee that Wallet Platforms will continue to support the Service, that updates or notifications will be delivered or displayed on a card holder's device, or when that happens. Whether a notification is shown also depends on the device, its settings, and the choices of the card holder.
7.3 A change, restriction, disruption, or termination by a Wallet Platform is not a breach by us. If a Wallet Platform makes a feature permanently impossible, we will try to offer a reasonable alternative, such as the web card.
7.4 The Service also relies on other suppliers, such as hosting, email delivery, and payment services. Our responsibility for them is limited in the same way as for Wallet Platforms, without affecting our obligations under the Data Processing Agreement.
8. Responsibilities of the Customer
The Customer is responsible for:
- the content it publishes through the Service, such as its name, logo, images, colours, reward texts, and messages, and for having the rights to use them;
- complying with the law, including privacy law, consumer law, and the rules on commercial messages (including article 11.7 of the Dutch Telecommunications Act);
- having a valid legal basis for its processing of card holder data and for the messages it sends to card holders;
- suitable devices and a working internet connection at its locations;
- instructing its staff and preventing misuse of stamps and rewards by its own staff;
- the security of its own devices and accounts.
9. The loyalty programme and card holders
9.1 The loyalty programme is the Customer's programme. The Customer alone determines the rules, the number of stamps, the rewards, any validity periods, and the conditions for redeeming them, and the Customer alone is bound towards its card holders.
9.2 MezaTap is only the technical provider. We are not a party to any promise between the Customer and its card holders and we are not liable for rewards that are not honoured.
9.3 The Customer shows its card holders clear programme rules and informs them about the processing of their personal data. MezaTap provides a standard notice for card holders in its Privacy Policy, which the Customer may use.
9.4 Messages to card holders, such as push campaigns and automations, may only be sent if the Customer is allowed to send them under the law. The Customer ensures that card holders can easily stop receiving them.
10. Acceptable use
The Customer and its Users may not use the Service:
- in breach of the law or the rights of others, or for misleading commercial practices;
- to send spam or messages that card holders have not agreed to;
- to spread malware, to test or break the security of the Service without our written permission, or to access data of other customers;
- in a way that places an unreasonable load on our systems;
- to copy, decompile, or resell the Service, or to build a competing service;
- in breach of the terms of Apple, Google, or other Wallet Platforms.
11. Intellectual property
11.1 All intellectual property rights in the Service, the software, designs, templates, and documentation belong to us or our licensors. During the Agreement, the Customer receives a non-exclusive, non-transferable right to use the Service for its own business.
11.2 The Customer keeps all rights to its Customer Data and its own brand elements. The Customer gives us a licence to use them to the extent needed to provide the Service, for example to show its logo on its loyalty card and join page.
11.3 We may use anonymised and aggregated data that cannot be traced to the Customer, its Users, or card holders, to maintain and improve the Service.
11.4 We may mention the Customer's name and logo as a reference only with the Customer's prior permission.
12. Privacy and data processing
12.1 For personal data of card holders that we process for the Customer, the Customer is the controller and MezaTap is the processor. The Data Processing Agreement forms part of the Agreement.
12.2 For personal data of the Customer's contact persons and Users, and of visitors to our website, MezaTap is the controller. Our Privacy Policy explains how we handle this data.
13. Liability
13.1 Our total liability for attributable failure in the performance of the Agreement, for tort, or on any other basis is limited to direct damage, up to the amount the Customer paid us for the Service in the six months before the event that caused the damage, with a maximum of €2,500 per event. If the Customer uses only free plans, our liability is limited to €100 per event. A series of related events counts as one event.
13.2 Direct damage means only: reasonable costs to establish the cause and extent of the damage, reasonable costs to make our performance comply with the Agreement, and reasonable costs to prevent or limit damage, to the extent these relate to direct damage.
13.3 We are not liable for indirect damage, including consequential damage, lost profit, lost revenue, missed savings, loss of card holders or goodwill, damage from unredeemed or wrongly issued rewards, and damage due to loss or corruption of data.
13.4 We are not liable for damage caused by Wallet Platforms or other third parties outside our control, by incorrect use of the Service, by the Customer's content or programme rules, or by misuse by the Customer's staff or card holders.
13.5 Liability for attributable failure arises only if the Customer gives us proper notice of default In writing, with a reasonable period to remedy the failure, and we still fail after that period.
13.6 The limitations in this article do not apply if the damage results from our intent or deliberate recklessness, or where the law does not allow limitation.
13.7 A claim for damages must be reported to us In writing within 60 days after the Customer discovered or could reasonably have discovered the damage. Any claim lapses one year after the event that caused the damage.
14. Indemnity
The Customer indemnifies us against claims of third parties, including card holders, staff, and authorities, and against fines, arising from the Customer's loyalty programme, its content, its messages to card holders, its processing of personal data as a controller, or its breach of these terms or the law. This indemnity includes reasonable costs of legal assistance.
15. Force majeure
15.1 We are not required to perform any obligation if we are prevented by force majeure. Force majeure includes disruptions or policy changes at Wallet Platforms, disruptions at hosting, internet, email, or payment providers, cyberattacks, power outages, government measures, and other circumstances beyond our reasonable control.
15.2 If force majeure lasts longer than 60 days, either party may terminate the Agreement In writing without any obligation to pay compensation.
16. Suspension and termination by us
16.1 We may suspend access to the Service, or to certain features or loyalty cards, with immediate effect if the Customer breaches article 10, if there is a serious security risk, if a Wallet Platform or authority requires it, or in case of non-payment as described in article 4.5. Where possible we will warn the Customer first and lift the suspension once the cause is gone.
16.2 We may terminate the Agreement In writing with immediate effect if the Customer seriously or repeatedly breaches these terms, is declared bankrupt, applies for suspension of payments, or ceases its business.
16.3 We may also terminate the Agreement for any reason with at least 60 days' notice In writing. In that case we refund any amount paid in advance for the period after the end date.
17. Changes to these terms
17.1 We may change these terms. We announce material changes at least 30 days before they take effect, by email or in the dashboard.
17.2 If the Customer does not agree to a change that is to its disadvantage, it may cancel before the change takes effect. Continued use after the effective date means the Customer accepts the new terms.
17.3 Changes required by law, or that are only to the Customer's advantage, can take effect immediately.
18. Terms for card holders
18.1 This article applies to you if you save or use a loyalty card of a shop that uses MezaTap. Using the card is free.
18.2 The loyalty programme belongs to the shop that issued the card. The shop decides the rules and the rewards and is responsible for honouring them. Questions about stamps, rewards, or programme rules should be addressed to the shop.
18.3 MezaTap provides the technology. We are not responsible for the rewards or the promises of the shop, and to the extent permitted by law we are not liable for damage resulting from the use of the card or from a disruption of the Service.
18.4 A card is personal. Copying, sharing, or manipulating the card or its QR code to collect stamps or rewards that you are not entitled to is not allowed. In that case the shop or we may block the card.
18.5 You can delete the card from your wallet at any time. If the shop ends its programme or closes its account, the card may stop working.
18.6 How your personal data is handled is described in our Privacy Policy. Nothing in this article limits your rights as a consumer under mandatory law.
19. Miscellaneous
19.1 We may transfer the Agreement to a third party as part of a transfer of our business or a change of our legal form, for example to a private limited company (B.V.). We will inform the Customer about this. The Customer may transfer the Agreement only with our written permission.
19.2 If a provision of these terms is invalid, the other provisions remain in force. The invalid provision is replaced by a valid provision that comes as close as possible to its purpose.
19.3 Our records and logs are considered correct unless the Customer proves otherwise.
19.4 Provisions that by their nature are intended to continue after the end of the Agreement, such as those on liability, indemnity, intellectual property, and disputes, remain in force after the end.
20. Governing law and disputes
20.1 Dutch law applies to these terms and the Agreement. The Vienna Sales Convention (CISG) does not apply.
20.2 Before going to court, the parties will try to resolve a dispute through consultation. Disputes are submitted exclusively to the competent court in The Hague (Rechtbank Den Haag), unless mandatory law designates another court.