Terms of Service.

01. Definitions

As used throughout these Terms, the following definitions apply:

• “BrandTap Canada” refers to the company operating under the trade name BrandTap Canada, including its affiliates, successors, and assigns, and including any trademark applications for the mark “BrandTap.”
• “Services” means all products, software applications, web-based platforms, APIs, NFC devices, and related services provided by BrandTap Canada, including but not limited to the BrandTap landing page platform, BrandTap Genie (AI reply assistant), analytics dashboard, and NFC/QR tap-to-review routing services.
• “Customer” or “you” means the individual or legal entity entering into this agreement and using the Services.
• “NFC Device” means any near-field communication card, tag, sticker, or other physical device shipped or provided by BrandTap Canada for use with the Services.
• “Landing Page” means the standalone, tenant-specific web page hosted or served by BrandTap Canada displaying your business information and call-to-action links.
• “Third-Party Platforms” means external platforms such as Google Business Profile, Google Maps, Facebook, Yelp, TripAdvisor, Apple Maps, and any other review or listing platform to which BrandTap routes traffic.
• “AI Content” means any text, suggestions, or other output generated by BrandTap Genie or any other AI feature within the Services.
• “Analytics Data” means aggregated or raw data collected about interactions with your Landing Page, NFC Device, or other Services, including but not limited to tap counts, page views, click-through rates, device types, geographic data, and referrer data.

02. Eligibility & Capacity

By using the Services, you represent and warrant that:

• You have the legal capacity to enter into a binding contract in the jurisdiction where you reside or operate.
• You are using the Services for commercial or business purposes, not as a consumer for personal, family, or household purposes.
• If you are entering into these Terms on behalf of a company, organization, or other legal entity, you are authorized to bind that entity to these Terms, and “you” and “Customer” refer to that entity.
• You are not prohibited by any applicable law from accessing or using the Services.

BrandTap Canada reserves the right to refuse service to any person or entity at its sole discretion.

03. Description of Services

BrandTap Canada provides a multi-tenant SaaS platform and associated physical NFC devices that enable businesses to:

• Deploy customized tap-to-review landing pages accessible via NFC, QR code, or direct URL;
• Route customer traffic to third-party review platforms (including Google Business Profile, Facebook, Yelp, and others);
• Manage call-to-action buttons, business branding, social media links, and other landing page content;
• Access analytics data regarding page views, taps, clicks, and visitor behaviour;
• Use AI-assisted reply generation through BrandTap Genie to draft responses to customer reviews.

BrandTap Canada does not control, endorse, or have any responsibility for any third-party platforms to which it routes traffic, nor for the content, policies, availability, or actions of those platforms.

We reserve the right to modify, suspend, discontinue, or change any feature or aspect of the Services at any time, with or without notice, subject to Section 19 (Amendments).

04. Accounts & Registration

To use the Services, you must create an account and provide accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials;
• All activity that occurs under your account, whether or not you authorized it;
• Promptly notifying BrandTap Canada of any unauthorized access or security breach at [email protected].

BrandTap Canada will not be liable for any loss or damage arising from unauthorized use of your account.

05. Subscription Plans & Billing

5.1 Plans & Pricing

BrandTap Canada offers various subscription plans (e.g., Starter, Growth, Pro) with features and pricing as published on brandtap.ca at the time of purchase. Features available under each plan are subject to change in accordance with Section 19 (Amendments).

5.2 Automatic Renewal

5.3 Price Changes

BrandTap Canada reserves the right to change subscription pricing at any time. We will provide at least thirty (30) days advance notice of any price increase to your account email address. Continued use of the Services after the effective date of a price change constitutes acceptance of the new pricing.

5.4 Payment Processing

All payments are processed securely by Stripe, Inc. (“Stripe”), a third-party payment processor. BrandTap Canada does not collect, store, process, or have access to your full credit card number, bank account details, or any other payment instrument data. All credit card and financial transactions are handled exclusively by Stripe pursuant to Stripe’s own terms of service and privacy policy. By providing payment information through the Services, you agree to Stripe’s terms and authorize Stripe to process payments on your behalf.

BrandTap Canada is not responsible for any errors, failures, unauthorized charges, or issues arising from Stripe’s payment processing infrastructure.

5.5 Taxes

You are responsible for all applicable taxes, levies, duties, and similar charges imposed by any taxing authority in connection with your use of the Services, other than taxes assessed on BrandTap Canada’s income. Where required by law, BrandTap Canada may collect and remit applicable taxes on your behalf.

5.6 Failed Payments

If payment cannot be collected, BrandTap Canada may suspend or terminate access to the Services until payment is received. BrandTap Canada reserves the right to retry failed payments and to charge any outstanding amounts.

5.7 Non-Refundable Fees

All subscription fees, NFC hardware, signs, stands, additional hardware, setup fees, and other one-time charges are non-refundable except where required by law. BrandTap Canada does not offer refunds beyond what mandatory applicable law requires. Section 6.2 explains how to submit a statutory request.

06. Cancellation

You may cancel your subscription at any time through your account dashboard or by contacting [email protected]. Upon cancellation:

• Your subscription will remain active until the end of the current paid billing period;
• No further charges will be made after the current billing period ends;
• Access to premium features will cease at the end of the billing period;
• You will not receive a refund for the remainder of the current billing period.

6.1 Upgrades and Pro-Rated Credits

Pro-rated credits or adjustments are available only when upgrading from a lower-tier plan to a higher-tier plan within the same billing cycle. Downgrades, cancellations, and plan switches to an equivalent or lower tier are not eligible for pro-rated refunds or credits.

6.2 Statutory Rights

To the extent required by mandatory applicable law that cannot be contractually waived, BrandTap Canada will comply with applicable statutory refund or cancellation rights. If you believe you are entitled to a statutory refund, please contact us at [email protected] with your account details and the basis for your request.

6.3 NFC Device Fees

Fees paid for NFC devices, shipping, physical hardware, or one-time setup charges are non-refundable under all circumstances. Physical devices are owned by BrandTap Canada (see Section 7) and are not sold to the Customer.

07. NFC Device & Equipment Ownership

7.1 Title and Ownership

All NFC cards, tags, stickers, devices, and any other physical hardware provided to you by BrandTap Canada (“Devices”) remain the sole and exclusive property of BrandTap Canada at all times, regardless of any fees paid. No sale, transfer of title, or transfer of ownership of any Device occurs at any time. Any fees paid in connection with Devices are licence, deployment, access, or service fees — not purchase prices. The Customer acknowledges and agrees that the relationship between the Customer and BrandTap Canada with respect to Devices is one of licensor and licensee, and not seller and buyer.

7.2 Licence to Use

BrandTap Canada grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Devices solely for the purpose of accessing the Services in accordance with these Terms. This licence terminates automatically upon termination or expiration of your subscription or these Terms.

7.3 Device Condition and Misuse

You agree to use Devices only in accordance with BrandTap Canada’s instructions and applicable law. You must not modify, tamper with, reverse-engineer, disassemble, or reprogram any Device. You are responsible for reasonable care of Devices in your possession. Devices damaged, lost, or destroyed while in your possession may result in replacement fees at BrandTap Canada’s then-current rates.

7.4 Return and Remote Deactivation

BrandTap Canada may request the return of Devices upon termination of your subscription. You agree to return Devices in reasonable condition upon request. BrandTap Canada reserves the right to remotely deactivate any Device at any time at its sole discretion, including (without limitation) on cancellation, non-payment, breach of these Terms, or for security reasons.

7.5 Pro Plan Hardware Courtesy Retention

As a courtesy, Customers who have maintained an active Pro-tier subscription for twelve (12) consecutive months or more may, upon cancellation, retain physical possession of the NFC Devices that were issued to them as part of their Pro-tier subscription. This is a discretionary courtesy and does not constitute a transfer of ownership:

• Title to the Devices remains with BrandTap Canada at all times;
• BrandTap Canada reserves the right to remotely deactivate any retained Device at any time;
• Retained Devices may not be resold, repurposed, or used for any commercial purpose other than display;
• Any additional NFC hardware purchased separately or beyond the Pro-tier inclusion is not subject to this courtesy and remains BrandTap Canada property subject to return on request.

08. Data & Analytics Ownership

8.1 BrandTap Canada Owns All Analytics Data

8.2 Customer Access to Data

Subject to your subscription plan, BrandTap Canada may grant you access to view and, where available under your plan, export certain Analytics Data through the dashboard. Access to Analytics Data is a feature of the Services, not a transfer of ownership. BrandTap Canada may modify, restrict, or remove your access to Analytics Data at any time.

8.3 Data Retention

BrandTap Canada currently retains raw event data for approximately thirty (30) days. Aggregated or summarized Analytics Data may be retained by BrandTap Canada indefinitely. BrandTap Canada reserves the right to change its data retention periods at any time without notice.

8.4 No Guarantee of Data Accuracy or Availability

BrandTap Canada makes no guarantee as to the accuracy, completeness, or reliability of any Analytics Data. Analytics data may be approximate, subject to sampling, or affected by technical limitations. BrandTap Canada does not guarantee that Analytics Data will be restored following any service outage, system failure, data corruption, or data reset event. In the event of any such event, BrandTap Canada shall have no liability for any lost, inaccurate, or unavailable data.

8.5 Data Reset

BrandTap Canada may from time to time reset, recalculate, or purge Analytics Data for technical, operational, or business reasons. Such resets do not give rise to any claim for refund, credit, or damages.

8.6 BrandTap Canada’s Use of Data

BrandTap Canada may use aggregated, de-identified Analytics Data for product development, benchmarking, research, marketing, and any other lawful business purpose. Such use will not identify individual Customers or their end users.

8.7 Your Content

You retain ownership of any original business content you upload to the Services (e.g., your logo, business name, CTA text). By uploading content, you grant BrandTap Canada a worldwide, royalty-free, non-exclusive licence to use, display, store, and transmit such content solely for the purpose of operating and delivering the Services.

09. AI-Powered Features (BrandTap Genie)

9.1 Nature of AI Features

BrandTap Canada offers BrandTap Genie and other AI-powered features that generate suggested responses to customer reviews, draft reply text, or provide other AI-assisted content (“AI Content”). AI Content is generated automatically using artificial intelligence models and is provided as a suggestion or starting point only.

9.2 Your Responsibility to Review Before Publishing

You are solely and exclusively responsible for reviewing all AI Content before publishing, posting, or otherwise using it in any manner. By publishing AI Content to any platform (including Google Business Profile or any other review site), you are representing that the content is accurate, truthful, and compliant with all applicable laws and platform terms. BrandTap Canada is not a publisher of any AI Content that you choose to post.

9.3 No Liability for AI Content

BrandTap Canada expressly disclaims all liability for any AI Content, including without limitation:

• Inaccurate, false, defamatory, or misleading statements contained in AI Content;
• Any violation of third-party platform terms of service resulting from your use of AI Content;
• Any harm to your business reputation, customer relationships, or third parties arising from published AI Content;
• Any legal claims, disputes, or regulatory proceedings arising from AI Content you publish;
• Any copyright, trademark, or other intellectual property issues in AI Content.

9.4 Usage Limits

AI feature usage (including BrandTap Genie reply generation) is subject to plan-based monthly limits. Limits reset at the start of each billing cycle. Unused AI credits do not carry over. BrandTap Canada reserves the right to adjust plan limits at any time.

10. Third-Party Platform Compliance

10.1 Your Responsibility for Platform Compliance

BrandTap Canada provides infrastructure for routing customer traffic to review platforms. BrandTap Canada does not monitor, review, or enforce compliance with any third-party platform’s terms. It is your sole responsibility to:

• Read and comply with the terms of service and review policies of every platform you link to through the Services;
• Ensure that your use of BrandTap to solicit or route reviews does not violate any platform’s policies (including Google’s review policies, which prohibit incentivized reviews and certain solicitation practices);
• Ensure that the URLs and destinations you configure in the Services are lawful and compliant;
• Respond to any violations, takedowns, or penalties imposed by third-party platforms as a result of your use of the Services.

10.2 No Affiliation

BrandTap Canada is not affiliated with, endorsed by, or partnered with Google LLC, Meta Platforms, Yelp Inc., Apple Inc., TripAdvisor LLC, or any other third-party platform. References to these platforms are for descriptive purposes only.

10.3 Platform Changes

Third-party platforms may change their policies, URLs, or review mechanisms at any time without notice to BrandTap Canada. BrandTap Canada is not responsible for any disruption to routing functionality caused by changes to third-party platforms.

11. Review Routing & NFC Traffic

11.1 Routing Infrastructure Only

BrandTap Canada provides technology infrastructure that routes NFC taps, QR code scans, and direct URL visits to destination URLs configured by you (the Customer). BrandTap Canada does not control, direct, or influence the experience or content on any destination platform.

11.2 No Liability for Outcomes

BrandTap Canada is not responsible or liable for:

• The content, tone, or rating of any review posted by any customer or third party on any platform;
• Negative reviews, low ratings, or reputational harm resulting from any customer interaction routed through the Services;
• The failure of any end user to leave a review after being routed to a review platform;
• Any business, financial, or reputational loss arising from how the Services are used or how end customers behave;
• Any penalty, suspension, or action taken by a third-party platform against your business profile as a result of your use of the Services.

11.3 No Guarantee of Results

BrandTap Canada makes no representation or guarantee that use of the Services will result in any particular number of reviews, improvement in ratings, increase in business, or other outcome. Review outcomes depend entirely on your customers and third-party platforms.

11.4 Structural Compliance Routing

BrandTap routes all customer traffic to third-party review platforms (including Google Business Profile, Yelp, TripAdvisor, Facebook, and Apple Maps) through a Customer-branded landing page that requires an affirmative customer-initiated tap to proceed. The Services do not provide functionality to redirect customers directly to a third-party review platform without an intervening customer action.

You agree not to attempt to circumvent this routing structure, including without limitation by:

• Configuring a non-review CTA type with a review platform URL in order to skip the branded page;
• Embedding a review platform URL in a way that auto-redirects from the Landing Page;
• Modifying or instrumenting the Landing Page to bypass the customer-initiated tap requirement;
• Reverse-engineering the routing system to construct an auto-redirect deployment outside of the BrandTap platform.

Any attempt to circumvent the structural routing is a material breach of these Terms and grounds for immediate suspension or termination under Section 17.

12. Intellectual Property

12.1 BrandTap Canada Ownership

BrandTap Canada owns all right, title, and interest in and to the Services, including but not limited to:

• All software, source code, algorithms, and underlying technology;
• All website and application design, user interface, and user experience;
• All trademarks, trade names, service marks, and logos, including “BrandTap,” “BrandTap Canada,” and all related marks (whether registered or unregistered, and including any pending trademark applications);
• All NFC device designs, firmware, and programming;
• All documentation, marketing materials, and content created by BrandTap Canada.

Nothing in these Terms grants you any ownership interest or rights in the Services or BrandTap Canada’s intellectual property beyond the limited licence expressly granted herein.

12.2 Trademark Notice

“BrandTap” and “BrandTap Canada” are trade names and trademarks of BrandTap Canada (trademark application pending). Unauthorized use of BrandTap Canada’s marks is strictly prohibited.

12.3 Restrictions

You may not:

• Copy, reproduce, modify, adapt, translate, or create derivative works of the Services;
• Reverse engineer, decompile, or disassemble any part of the Services;
• Use BrandTap Canada’s name, trademarks, or logos without prior written consent;
• Sub-license, sell, resell, or otherwise commercialize the Services without authorization.

13. Prohibited Uses

You agree not to use the Services to:

• Post, route to, or facilitate the submission of false, fake, incentivized, or otherwise fraudulent reviews on any platform;
• Solicit reviews from customers while they are physically on your business premises, including by handing customers a device or directing them to a shared kiosk, tablet, or in-store terminal to leave a review;
• Request, instruct, or encourage customers to mention specific staff members by name in any review;
• Set, communicate, or enforce review quotas, targets, or compensation tied to the number of reviews any employee solicits or receives;
• Offer, promise, or imply any incentive (including discounts, gifts, loyalty points, free products, contest entries, or any other benefit) in exchange for leaving, modifying, or removing a review on any third-party platform;
• Harass, threaten, defame, or harm any individual or business;
• Violate any applicable law, regulation, or third-party rights, including privacy laws, anti-spam laws (including Canada’s Anti-Spam Legislation, CASL), and consumer protection laws;
• Distribute spam, unsolicited communications, or bulk marketing materials;
• Introduce malware, viruses, or harmful code;
• Attempt to gain unauthorized access to the Services, BrandTap Canada’s systems, or other users’ accounts;
• Interfere with or disrupt the Services or servers connected to the Services;
• Circumvent any security, feature, or plan limitation of the Services, including the structural compliance routing described in Section 11.4;
• Use the Services in any way that damages BrandTap Canada’s reputation or business;
• Engage in any activity that is fraudulent, deceptive, or misleading.

BrandTap Canada reserves the right to immediately suspend or terminate your account if you engage in any prohibited use.

14. Disclaimer of Warranties

15. Limitation of Liability

15.1 Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRANDTAP CANADA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of revenue, profits, sales, or business;
• Loss of goodwill or reputation;
• Loss of data or Analytics Data;
• Business interruption;
• Loss of customers, contracts, or anticipated savings;
• Negative reviews, low ratings, or any harm to your online reputation;
• Any damages arising from your failure to comply with third-party platform terms;
• Any damages arising from third-party platform actions (including Google penalties, Yelp suspensions, removal of reviews);
• Any damages arising from AI Content you publish;
• Cost of procuring substitute goods or services.

These exclusions apply even if BrandTap Canada has been advised of the possibility of such damages and even if any limited remedy fails of its essential purpose.

15.2 Basis of the Bargain

The parties acknowledge that the limitations of liability in this Section reflect a reasonable allocation of risk and form an essential basis of the bargain between the parties. BrandTap Canada would not provide the Services on the terms set out herein without these limitations.

16. Indemnification

You agree to defend, indemnify, and hold harmless BrandTap Canada and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:

• Your use of or access to the Services;
• Your violation of these Terms;
• Your violation of any law or the rights of a third party;
• Any AI Content you publish or cause to be published;
• Your violation of any third-party platform’s terms of service, including Google, Yelp, TripAdvisor, Facebook, and Apple Maps policies;
• Your circumvention or attempted circumvention of the structural compliance routing described in Section 11.4;
• Any content you submit, post, or transmit through the Services;
• Your NFC Device use or misuse;
• Any dispute between you and any of your customers, end users, or third parties.

17. Termination & Suspension

17.1 Termination by You

You may terminate your subscription at any time by cancelling through your dashboard or by contacting [email protected]. Termination is effective at the end of the current billing period.

17.2 Termination by BrandTap Canada

BrandTap Canada may suspend or terminate your account and access to the Services immediately and without prior notice if:

• You breach any provision of these Terms;
• You engage in any prohibited use;
• You fail to pay any amounts due;
• BrandTap Canada determines, in its sole discretion, that continued provision of Services creates legal, reputational, or technical risk;
• BrandTap Canada ceases to provide the Services.

17.3 Effect of Termination

Upon termination: (a) all licences granted to you will immediately terminate; (b) NFC Devices will be deactivated remotely; (c) your Landing Page will cease to be accessible; (d) BrandTap Canada may delete your account data in accordance with its data retention practices. Sections 7, 8, 11.4, 12, 14, 15, 16, 18, and 20 shall survive termination.

18. Governing Law & Dispute Resolution

18.1 Governing Law

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to any conflict-of-law principles.

18.2 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario sitting in Ontario for the resolution of any dispute arising out of or in connection with these Terms. You waive any objection to the laying of venue in such courts.

18.3 Waiver of Class Actions

To the extent permitted by applicable law, you agree that any dispute shall be resolved on an individual basis and not as part of any class, collective, or representative proceeding.

19. Amendments

BrandTap Canada reserves the right to modify these Terms at any time. When we make material changes, we will:

• Update the “Effective Date” at the top of this page;
• Provide notice to your registered email address at least fourteen (14) days before material changes take effect (or thirty (30) days for pricing changes).

Your continued use of the Services after the effective date of any amended Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cancel your subscription before the effective date.

20. General Provisions

20.1 Entire Agreement

These Terms, together with BrandTap Canada’s Privacy Policy and any additional terms applicable to specific Services or promotions, constitute the entire agreement between you and BrandTap Canada with respect to the Services and supersede all prior agreements, understandings, and communications.

20.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or severed if it cannot be so modified, and the remaining provisions shall continue in full force and effect.

20.3 Waiver

BrandTap Canada’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

20.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of BrandTap Canada. BrandTap Canada may freely assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

20.5 Force Majeure

BrandTap Canada shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including natural disasters, acts of government, war, terrorism, pandemics, internet disruptions, or third-party service failures.

20.6 Language

The parties have agreed that these Terms and all related documents be drafted in English. Les parties ont convenu que les présentes conditions et tous les documents connexes soient rédigés en anglais.

21. Third-Party Services

The Services integrate with or rely on the following third-party services. By using the Services, you acknowledge that interactions with these third parties are subject to their own terms and privacy policies:

• Stripe, Inc. — payment processing for all subscription fees and one-time charges. Stripe’s terms: stripe.com/legal.
• Mailchimp (Intuit Inc.) — transactional and marketing email delivery, audience management, and lifecycle messaging.
• Cloudflare, Inc. — bot protection (Cloudflare Turnstile) on forms, content delivery network, and security services.
• Forminator (WPMU DEV) — form processing on brandtap.ca for contact forms and sales-team applications.
• Anthropic PBC — Claude API powering BrandTap Genie AI reply generation. Prompts include the customer-supplied review and the Customer’s business context only; no end-user personal data is sent to Anthropic.
• Google LLC, Yelp Inc., Apple Inc., Meta Platforms, TripAdvisor LLC — routing destinations only; BrandTap Canada is not affiliated with these platforms.

BrandTap Canada is not responsible for the availability, accuracy, security, or actions of any third-party service.

22. Contact

For questions, concerns, or notices regarding these Terms, please contact:

These Terms of Service were last updated on April 25, 2026. These Terms are intended as a general legal framework. BrandTap Canada recommends consulting qualified legal counsel to ensure these Terms are appropriate for your specific business circumstances.