Terms of Service

2.1 Account Holders

Anyone may create a Tapd account. Creating an account does not require payment and does not by itself give you access to paid features.

If you are under 18, you may create an account only with the knowledge and permission of a parent or legal guardian. If you are under 13, see Section 2.4.

2.2 Purchasing a subscription requires an adult

You must be at least 18 years old to purchase a subscription, provide payment information, or agree to these Terms as the account holder responsible for payment. By purchasing a subscription, you represent that you are at least 18 and that you have the legal capacity to enter into a binding agreement.

A person under 18 may not purchase a subscription. Where a Minor uses the Services, a parent or legal guardian must be the subscribing party.

2.3 Use by minors

The Services are designed to be used by individuals under 18 ("Minors"), including school-age children, but only under the following conditions:

• •A parent or legal guardian must purchase and hold the subscription that gives the Minor access to paid features.
• •The parent or legal guardian is the contracting party for that subscription, accepts these Terms on the Minor's behalf, and is responsible for all charges.
• •The parent or legal guardian is responsible for the Minor's use of the Services and for supervising that use.
• •A Minor may hold an account and use the Services under a subscription held by their parent or legal guardian, but a Minor may not purchase a subscription or agree to these Terms as the paying party.

By purchasing a subscription that will be used by a Minor, you represent that you are the parent or legal guardian of that Minor, or that you have the authorization of that Minor's parent or legal guardian, and that you consent to the Minor's use of the Services and to our collection and use of their information as described in our Privacy Policy.

2.4 Children under 13

We take additional care with information relating to children under 13. Verifiable parental consent is required before a child under 13 may create an account or use the Services.

We limit the information we collect from children under 13 to what is reasonably necessary to provide the Services. Our Privacy Policy describes what we collect, how we use it, and how a parent or guardian may review it, refuse further collection, or request deletion. If we learn that we have collected information from a child under 13 without the required consent, we will delete it.

2.5 Visibility to parents, guardians, coaches, and advisors

You acknowledge and agree that where the Services include a parent, guardian, coach, advisor, or administrator dashboard, the person holding that role can see information about a Minor's use of the Services, which may include focus session activity, session duration, timestamps, group participation, and leaderboard standing. Account holders are responsible for making sure any Minor using the Services understands this.

4.1 How accounts are secured

We do not use passwords. Your account is identified by your mobile phone number, and access is verified by a one-time code we send to that number by SMS. Your phone number, your device, and any verification code we send you are your account credentials.

4.2 Your responsibilities

You agree to:

• •Provide accurate and complete registration information and keep it current.
• •Maintain control of the mobile phone number associated with your account and of the device that receives verification codes.
• •Never share a verification code with anyone. We will never ask you for a verification code by phone, email, text, or any other channel. Anyone who asks you for one is attempting to gain unauthorized access to your account.
• •Notify us promptly at team@usetapd.com if you believe someone has gained unauthorized access to your account or to your phone number.
• •Not create multiple accounts to circumvent subscription limits, seat limits, free trial eligibility, or a suspension or termination.

4.3 If your phone number changes

If you plan to stop using the phone number associated with your account, contact us at team@usetapd.com before giving up the number so we can update or close your account. Mobile carriers reassign disconnected phone numbers to new customers. If you do not update or remove your number, a person who later receives that number may be able to access your account and any information in it. You are responsible for keeping your phone number current, and we are not responsible for access obtained by a subsequent holder of a number you did not tell us about.

We may also deactivate or disassociate a phone number from an account if we receive information that the number has been reassigned or is no longer valid.

4.4 Account recovery

If you lose access to the phone number on your account, contact us at team@usetapd.com. We may ask you for information to verify that the account is yours. We may be unable to restore access to an account where we cannot verify ownership, and in some cases account data may be permanently inaccessible. We are not liable for any loss resulting from an inability to verify account ownership.

4.5 Text messages

By providing your phone number, you consent to receive SMS messages from us relating to your account, including one-time verification codes and other transactional messages. Message and data rates may apply. Verification and other transactional messages are necessary to operate the Services and are not marketing messages. Where we send marketing messages, we will obtain separate consent and you may opt out at any time by replying STOP.

4.6 One account per phone number

Each phone number may be associated with one account at a time. A single individual may hold more than one account only where the accounts use different phone numbers and serve genuinely distinct roles, such as a personal account and an account held in a coaching or administrative capacity.

4.7 Suspension and termination

We may suspend or terminate accounts as described in Section 14.

5.1 Hardware included with a subscription

Where a subscription plan requires NFC tags or other physical hardware ("Hardware") that you do not already have, we provide that Hardware at no additional charge as part of your subscription. You pay only the subscription price. The checkout page will identify the quantity of Hardware included with your plan. Hardware provided with a subscription remains yours after you cancel. We do not require you to return it. You may also purchase Hardware separately without a subscription, for example to add tags beyond those included in your plan. Hardware purchased separately is priced and paid for at checkout.

5.2 Shipping, title, and risk of loss

We will ship Hardware to the address you provide. Shipping timelines are estimates and are not guaranteed. Title and risk of loss for Hardware pass to you upon delivery to the carrier. You are responsible for providing an accurate shipping address, and we are not responsible for Hardware that is undeliverable, lost, or stolen due to an incorrect or incomplete address.

5.3 Limited Hardware warranty

We warrant that Hardware will be free from defects in materials and workmanship under normal use for 30 days from the date of delivery. If Hardware fails within that period, your sole and exclusive remedy is, at our option, replacement of the Hardware or a refund of the amount you paid for it, if any. This warranty does not cover damage from misuse, modification, accident, water, excessive force, normal wear, or use inconsistent with the product's intended purpose.

EXCEPT AS EXPRESSLY STATED IN THIS SECTION 5.3, HARDWARE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, AND THE DISCLAIMERS IN SECTION 15 APPLY.

5.4 Hardware returns

Hardware purchased separately, without a subscription, is final and non-refundable. Hardware provided at no charge as part of a subscription carries no separate refund value. If you cancel before we ship, Section 6.5 applies to your subscription charges. This section does not limit your rights under the limited warranty in Section 5.3.

6.1 Subscription plans and pricing

Access to certain features requires a paid subscription. Subscription pricing varies based on the number of member seats included in the plan you select. The number of seats, the price, and the billing interval will be disclosed to you before you complete your purchase.

All fees are stated and charged in US dollars and are exclusive of applicable taxes, which we will collect where required by law.

6.2 When your subscription begins

Your subscription begins, and your first billing period starts, on the date you complete checkout. Your payment method is charged at that time.

For free trial subscriptions, no charge is collected at checkout. Your first billing period begins on the date your trial ends, as disclosed at the time of signup.

6.3 Automatic renewal

Your subscription renews automatically. Unless you cancel, your payment method will be charged automatically at the start of each new billing period, at the then-current price for your plan, and this will continue until you cancel.

• •Monthly plans renew every month on the same calendar day your subscription began. If your billing date does not exist in a given month, such as the 31st in a 30-day month, you will be charged on the last day of that month.
• •Annual plans renew every year on the anniversary of the date your subscription began.

Your renewal date and price are shown in your account settings at any time.

6.4 How to cancel

You may cancel at any time from your account settings on our website at usetapd.com/dashboard after signing in to your account. Cancellation is self-service and is processed immediately, with no phone call, email, or interaction with our team required. Your access continues through the end of your current billing period as described in Section 6.6.

Because accounts are created on our website, they are also cancelled on our website.

6.5 Pre-shipment cancellation and refund

If your subscription includes Hardware that we have not yet shipped, you may cancel at any time before we ship and receive a full refund of any subscription charges paid. To request a pre-shipment cancellation, cancel from your account settings or email team@usetapd.com.

Once your Hardware has shipped, this refund window closes and Section 6.6 applies.

This pre-shipment refund does not apply to Hardware purchased separately without a subscription, which is non-refundable under Section 5.4.

6.6 What happens when you cancel

When you cancel a subscription outside the pre-shipment window described in Section 6.5:

• •You keep full access to everything your subscription includes through the end of your current billing period.
• •You will not be charged again. No charge will be made at the start of what would have been your next billing period.
• •No refund is issued for the current billing period or any portion of it.

Fees are otherwise non-refundable except as required by law, as provided in Section 5.3, Section 6.5, or Section 6.7, or as we may choose to offer at our discretion in a particular case.

6.7 Refunds if we terminate or materially change the Services

If we terminate or suspend your subscription without cause under Section 14.2, or if we materially reduce the core functionality of your paid subscription and you cancel as a result, we will refund the unused portion of your then-current billing period.

The refund is calculated on a straight-line daily basis: the amount you paid for the current billing period, divided by the number of days in that billing period, multiplied by the number of full days remaining in that period as of the date of termination.

No refund is due where we terminate your account for cause under Section 14.1.

6.8 Price changes

We may change subscription prices. If we do:

• •We will give you at least 30 days' advance notice by email to the address on your account, by SMS to the phone number on your account, or by in-app notification.
• •The new price takes effect at the start of your next billing period following the notice period, never mid-period.
• •You may cancel before that renewal date to avoid the new price, and your access will continue through the end of your current billing period as described in Section 6.6.

6.9 Changing plans

You may change your plan, including switching between monthly and annual billing or changing your number of seats, from your account settings. Unless the checkout flow states otherwise at the time you make the change:

• •Upgrades and seat increases take effect immediately, and we will charge a prorated amount for the remainder of your current billing period.
• •Downgrades, seat reductions, and switches from a monthly plan to an annual plan take effect at the start of your next billing period. No refund or credit is issued for the current period.

6.10 Payment processing and failed payments

Payments are processed by Stripe, Inc. By providing payment information, you represent that you are at least 18 years old, that the payment method belongs to you or that you are authorized to use it, and that you authorize us and our payment processor to charge that payment method for all fees you incur, including recurring charges, until you cancel. We do not store your full payment card details.

If we learn that an account was created or a payment method was used by someone under 18 without the authorization of a parent or legal guardian, we may terminate the account and cancel the subscription, and we may refund amounts charged.

If a payment fails, we may retry the charge and may suspend your access until payment succeeds. If payment cannot be collected within a reasonable period, we may terminate your subscription. You remain responsible for any amounts owed.

6.11 Chargebacks

If you dispute a charge with your card issuer without first contacting us, we may suspend or terminate your account. We ask that you email team@usetapd.com first. Most billing issues are resolved quickly.

8.1 No guarantee of outcomes

Tapd is a tool. We do not guarantee any result from using it. Specifically, we make no promise, representation, or warranty regarding improved focus, attention, concentration, productivity, study time, screen time reduction, habit formation, grades, test scores, academic standing, athletic eligibility, or any other academic, athletic, professional, or personal outcome. Results depend on how the Services are used and on many factors outside our control.

8.2 Not a medical device or health service

Tapd is not a medical device and is not intended to diagnose, treat, cure, mitigate, or prevent any disease, disorder, or condition, including attention-deficit/hyperactivity disorder or any other attention, learning, developmental, or mental health condition. Nothing in the Services is medical, clinical, psychological, therapeutic, or educational advice. The Services are not a substitute for professional evaluation, diagnosis, or treatment. Always consult a qualified professional about a health or learning concern, and never disregard or delay professional advice because of anything you encounter through the Services.

8.3 Not a safety, supervision, or monitoring product

Tapd is not a child safety product, a location tracking product, a parental control product, or a supervision or monitoring service. It is not designed for and must not be relied upon for the safety, security, or wellbeing of any person. The Services are not a substitute for parental supervision. Dashboard information reflects only activity recorded within the app and may be incomplete, delayed, or inaccurate. It does not tell you where a person is, what they are doing, or whether they are safe.

8.4 Dependence on device platforms and permissions

The Services depend on functionality provided by third parties we do not control, including Apple's Screen Time and Family Controls frameworks, device operating systems, NFC hardware support, device settings, and network connectivity. These may change, be deprecated, malfunction, be restricted by the platform provider, or be disabled or revoked by a device user at any time. Any of these can reduce or eliminate the functionality of the Services, and we are not responsible when they do. We do not guarantee that the Services will remain compatible with any particular device, operating system version, or platform feature.

8.5 Not a data of record system

Focus session data, hours logged, streaks, leaderboard standings, and dashboard reports are provided for informational and motivational purposes. They are not verified records, and we do not warrant their accuracy or completeness. You should independently verify any information before relying on it for academic credit, compliance, eligibility determinations, compensation, discipline, or any other consequential purpose.

8.6 No guaranteed availability

We do not commit to any level of uptime, availability, or performance for consumer subscriptions, and we provide no service level agreement. The Services may be unavailable due to maintenance, updates, platform changes, or events outside our control.

8.7 Not a data backup service

We are not a backup or archival service. While we take reasonable measures to protect your data, you should not rely on the Services as the sole repository of any information that matters to you.

14.1 Termination for cause

We may suspend or terminate your account or access to the Services immediately and without notice if we determine in good faith that you have violated these Terms, that your conduct is harmful to other users, to us, or to third parties, or that suspension is necessary to comply with law or protect the security or integrity of the Services. No refund is due on termination for cause.

14.2 Termination without cause

We may discontinue the Services or terminate your subscription without cause on reasonable notice. If we do, we will refund the unused portion of your then-current billing period, calculated on the straight-line daily basis described in Section 6.7.

14.3 Termination by you

You may cancel your subscription or delete your account at any time as described in Section 6.4. Cancellation is governed by Section 6.6.

14.4 Effect of termination

Upon termination, all licenses granted to you under these Terms cease immediately, and we may delete your account data in accordance with our Privacy Policy. Provisions that by their nature should survive termination will survive, including Sections 5.2, 5.4, 6.6, 6.7, 8, 9, 10, 11, 15, 16, 17, 18, 19, and 21.

18.1 Informal resolution first

Before starting an arbitration, you agree to first contact us at team@usetapd.com with a written description of the dispute and the relief you are seeking, and to give us 30 days to resolve it informally. We agree to do the same before initiating any claim against you. This step is a condition precedent to arbitration.

18.2 Agreement to arbitrate

If we cannot resolve a dispute informally, you and TapTek LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including questions of their formation, breach, interpretation, enforceability, or termination, will be resolved by binding individual arbitration rather than in court, except as provided in Section 18.5.

18.3 Arbitration rules and location

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by these Terms. The rules are available at www.adr.org.

• •Arbitration will be conducted by a single arbitrator.
• •The seat and location of arbitration is Boston, Massachusetts, except that you may elect to have the arbitration conducted by telephone, videoconference, or on the basis of written submissions only, and we will not object.
• •The arbitrator's decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
• •The Federal Arbitration Act governs the interpretation and enforcement of this Section 18.

18.4 Arbitration fees

Payment of filing, administration, and arbitrator fees is governed by the AAA Consumer Arbitration Rules. Where those rules require us to pay a greater share of the fees, we will. Where a claim is for $10,000 or less and is not frivolous, we will pay your share of the AAA filing fee upon your request. Each party is responsible for its own attorneys' fees unless the arbitrator awards otherwise under applicable law.

18.5 Exceptions to arbitration

Either party may:

• •Bring an individual claim in small claims court, so long as the claim remains individual and in that forum
• •Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights

18.6 Class action and jury trial waiver

You and TapTek LLC agree to bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. You and TapTek LLC also waive any right to a trial by jury.

If this Section 18.6 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in court, and the remaining claims will proceed in arbitration.

18.7 Coordinated claims

If 25 or more similar demands for arbitration are filed against us by or with the assistance of the same law firm or coordinated group, the demands will be administered in sequential batches of no more than 50, with a single arbitrator per batch, and the limitations periods applicable to the unfiled claims will be tolled while batches proceed. You and we agree to cooperate in good faith with the AAA to implement this process efficiently.

18.8 Your right to opt out of arbitration

You may opt out of this arbitration agreement. To do so, send written notice within 30 days of the date you first accept these Terms to team@usetapd.com with the subject line "Arbitration Opt-Out," including your name and the phone number registered to your account. Opting out will not affect any other part of these Terms or your use of the Services. If you opt out, Section 19 governs where disputes are resolved.

18.9 Survival

This Section 18 survives termination of these Terms and of your account.