Terms of Service
These Terms govern access to and use of TapIfLost services, dashboards, NFC-enabled products, recovery interfaces, messaging features, and related online properties.
Effective Date: March 11, 2026
These Terms of Service (these “Terms”) govern your access to and use of the websites, web applications, hosted software, customer dashboards, NFC-enabled products, recovery interfaces, messaging features, support channels, and related services made available by TAPIFLOST LLC, a Nevada limited liability company (“TAPIFLOST,” “we,” “us,” or “our”) under the tapiflost.com domain and any authorized subdomains, mobile-optimized experiences, and associated online properties (collectively, the “Services”).
Please read these Terms carefully. They form a legally binding agreement between you and TAPIFLOST. By accessing, browsing, purchasing, registering, activating, or using any portion of the Services, or by clicking to accept these Terms where that option is presented, you agree to be bound by these Terms and any policies, guidelines, supplemental terms, or product-specific terms expressly incorporated by reference. If you do not agree, you must not access or use the Services.
To the extent permitted by applicable law, these Terms include important provisions regarding dispute resolution, mandatory arbitration, waiver of class and representative proceedings, limitations of liability, disclaimers of warranties, and allocations of risk that affect your legal rights. If you are entering into these Terms on behalf of an organization, entity, or other person, you represent and warrant that you have authority to bind that party, and “you” will refer both to you individually and that party.
1. Scope and Contract Structure
1.1 Covered Services. These Terms apply to your use of all current and future TAPIFLOST consumer-facing and business-facing offerings unless a separate written agreement expressly governs a specific offering.
1.2 Additional Terms. Certain features, promotions, hardware offerings, support plans, enterprise arrangements, beta programs, or integrations may be subject to additional terms. If additional terms conflict with these Terms, the additional terms control only for the specific feature or offering at issue.
1.3 Privacy Policy. Your use of the Services is also subject to the TAPIFLOST Privacy Policy, which describes how we collect, use, disclose, and protect information.
1.4 Order of Precedence. In the event of a direct conflict, the following order of precedence applies: (a) a separately executed written agreement signed by TAPIFLOST; (b) product-specific supplemental terms; (c) these Terms; and (d) non-binding website content, help materials, or FAQs.
2. Eligibility; Authority; Sanctions and Export Compliance
2.1 Minimum Age. You must be at least 18 years old, or the age of legal majority in your jurisdiction if higher, to create an account or purchase products directly. If permitted by applicable law, a person between 13 and 17 years old may use the Services only under the supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms on the minor’s behalf. The Services are not directed to children under 13.
2.2 Authority. If you use the Services on behalf of a company, ministry, nonprofit, school, household, or other entity, you represent and warrant that you are authorized to bind that entity.
2.3 Restricted Persons. You may not use the Services if you are subject to sanctions, embargoes, export restrictions, or other legal prohibitions that would make your access or our provision of the Services unlawful.
2.4 Export Controls. You agree to comply with all applicable export control, sanctions, and trade compliance laws and regulations, including those of the United States and other applicable jurisdictions. You will not use, export, re-export, transfer, or make available the Services or related technology in violation of such laws.
3. Definitions
For purposes of these Terms:
“Account” means a registered TAPIFLOST account.
“Activated Product” means an NFC-enabled device, keyring product, wallet card, sticker, or other TAPIFLOST-supported physical item that has been associated with an account, item profile, or recovery profile in the Services.
“Finder” means a person who interacts with a TAPIFLOST recovery experience after tapping or otherwise accessing an Activated Product.
“Owner” means the person or entity controlling the account or profile associated with an Activated Product.
“Recovery Interaction” means any event, communication, or workflow associated with the attempted return or recovery of an item, pet, asset, or other property through the Services.
“Temporary Messaging Channel” means the TAPIFLOST-managed communications feature that may permit limited, time-bound interaction between an Owner and a Finder in connection with a Recovery Interaction.
“User Content” means any data, text, images, photos, profile details, messages, item descriptions, metadata, settings, reward information, support submissions, or other content submitted, uploaded, posted, transmitted, or otherwise made available by you through the Services.
4. Account Registration and Security
4.1 Registration. Certain features require an Account. When registering, you must provide accurate, current, and complete information and keep that information updated.
4.2 Credentials. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur through your Account, whether or not authorized by you.
4.3 Unauthorized Access. You must promptly notify TAPIFLOST if you know or reasonably suspect any unauthorized access to or use of your Account, credentials, devices, or Activated Products.
4.4 Verification; Suspension. We may, but are not required to, verify identities, ownership claims, item profile details, payment information, or recovery-related information. We may suspend or limit Accounts pending investigation of suspicious conduct, fraud, abuse, legal requests, or security concerns.
4.5 Single Account Integrity. You may not create Accounts using false identities, disposable credentials for abusive purposes, or deceptive account information. We may consolidate, suspend, or terminate duplicate or fraudulent Accounts.
5. Description of the Services
5.1 Core Function. TAPIFLOST provides a technology platform intended to facilitate the return of lost items, pets, equipment, or other property by enabling a Finder to initiate a recovery process through a TAPIFLOST-supported interaction, including through an NFC-enabled physical tap where supported.
5.2 Activation and Profiles. Owners may activate supported products, associate them with items or pets, add profile information, upload photos, set preferences, receive event notifications, and manage product assignments and recovery-related settings through a TAPIFLOST dashboard or related interfaces.
5.3 Recovery Workflow. Where available, a Finder may access a TAPIFLOST recovery interface after interaction with an Activated Product, and the Services may provide a Temporary Messaging Channel or other communication path intended to assist return coordination.
5.4 Notifications. TAPIFLOST may provide event notifications, tap alerts, activity information, recovery status information, or support communications by email, in-product notification, SMS where offered, or other channels. Notification delivery is not guaranteed and may depend on third-party systems outside our control.
5.5 One-Time Hardware Purchase Model. Unless expressly stated otherwise at the point of sale, TAPIFLOST hardware products are offered on a one-time purchase basis, and no recurring fee applies solely for basic ownership of the purchased hardware. TAPIFLOST may, however, offer optional paid services, premium features, add-ons, enhanced support, enterprise arrangements, replacement programs, or future subscription products under separate terms.
5.6 No Recovery Guarantee. TAPIFLOST does not and cannot guarantee that any item, pet, or property will be found, returned, recovered, delivered safely, delivered promptly, or delivered at all.
6. Product Use, Compatibility, and Operational Limits
6.1 Device Compatibility. TAPIFLOST products and recovery experiences may depend on device compatibility, NFC capabilities, browser support, operating system behavior, carrier behavior, connectivity, battery state, user settings, and other conditions outside our control.
6.2 Third-Party Hardware and Software Dependencies. The Services may depend on third-party hardware manufacturers, operating systems, browsers, email providers, telecommunications networks, hosting services, payment processors, and internet infrastructure. TAPIFLOST is not responsible for failures, delays, or limitations caused by such third parties.
6.3 Environmental and Physical Conditions. Product readability and durability may vary based on materials, placement, wear, damage, interference, temperature, electromagnetic conditions, adhesives, misuse, or the condition of the item to which a product is attached.
6.4 Repurposing and Reassignment. Where supported, an Activated Product may be reassigned from one item or use case to another. You are responsible for ensuring that any reassignment is accurate and that outdated information is removed or updated.
6.5 Proper Use. You must use TAPIFLOST products in accordance with any product instructions, setup guidance, safety information, and compatibility documentation we make available.
7. Owner Responsibilities
7.1 Accurate Profiles. Owners must ensure that item descriptions, photos, pet details, reward statements, contact preferences, and other recovery-related profile information are accurate and not misleading.
7.2 Legal Right to Register. You may only register items, pets, devices, or other property you own, lawfully possess, or are otherwise authorized to manage through the Services.
7.3 Reward Statements. If you offer a reward through the Services or in connection with a Recovery Interaction, you are solely responsible for the legality, accuracy, funding, terms, taxes, and fulfillment of that reward. TAPIFLOST does not administer, guarantee, escrow, enforce, or mediate rewards unless expressly stated in separate written terms.
7.4 Meetups and Returns. You are solely responsible for any decision to meet, communicate further with, pay, reimburse, or arrange return logistics with a Finder. TAPIFLOST does not supervise in-person meetings, shipping arrangements, or handoffs.
7.5 Content and Conduct. You must not use the Services to expose unnecessary personal data, threaten, harass, deceive, or pressure any Finder or other user.
8. Finder Responsibilities
8.1 Limited Purpose Access. If you access a recovery page or Temporary Messaging Channel as a Finder, you may use it only for the good-faith purpose of attempting to return the relevant item, pet, or property.
8.2 No Misuse. You must not use a recovery experience to stalk, harass, extort, scam, spam, scrape data, impersonate another person, solicit unrelated business, or collect personal information for unrelated purposes.
8.3 No Ownership Rights. Accessing a TAPIFLOST recovery page does not grant you any rights in the item, pet, product, or related data.
8.4 Independent Decisions. Any decision by a Finder to contact, transport, retain temporarily, ship, or return an item is voluntary and at the Finder’s own risk.
9. Acceptable Use and Platform Restrictions
You may not, and may not permit any third party to:
9.1 use the Services for unlawful, infringing, abusive, fraudulent, harmful, deceptive, or tortious purposes;
9.2 use the Services to facilitate stalking, harassment, intimidation, doxxing, impersonation, or coercive control;
9.3 upload or transmit malware, malicious code, spyware, ransomware, worms, Trojan horses, corrupted files, or any code intended to disrupt or compromise systems;
9.4 interfere with, disrupt, overload, disable, or impair the operation, security, integrity, or performance of the Services;
9.5 circumvent technical limitations, access controls, authentication, rate limits, or usage restrictions;
9.6 reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive source code, algorithms, security mechanisms, models, or underlying ideas of the Services, except to the limited extent such restriction is prohibited by law;
9.7 access or search the Services by any means other than our publicly supported interfaces, including by automated scraping, crawling, or harvesting, except as expressly permitted in writing;
9.8 frame, mirror, reproduce, republish, or create derivative works of the Services except as explicitly allowed;
9.9 use the Services to transmit unsolicited communications, spam, chain letters, or deceptive marketing;
9.10 misrepresent the source, origin, ownership, condition, or recovery status of any item or interaction;
9.11 use the Services in connection with stolen property, fraudulent claims, or attempts to induce payment or contact through false pretenses;
9.12 use the Services to collect, retain, infer, or build profiles about Finders or Owners beyond what is reasonably necessary for legitimate return coordination;
9.13 interfere with another user’s quiet enjoyment of the Services or compromise another user’s safety or privacy; or
9.14 use the Services in a way that, in our judgment, could expose TAPIFLOST, users, or the public to material legal, regulatory, security, or reputational risk.
10. Temporary Messaging Channel and Recovery Communications
10.1 Service Role. TAPIFLOST may provide a Temporary Messaging Channel to assist recovery-related communications. This channel is provided for convenience only.
10.2 No Agency. TAPIFLOST is not the sender, receiver, bailee, broker, carrier, insurer, guarantor, or agent of either party to a Recovery Interaction.
10.3 No Monitoring Obligation. We may, but are not obligated to, monitor communications for abuse, fraud, safety, compliance, quality assurance, or legal reasons.
10.4 Closure of Channel. We may close, limit, archive, suspend, or terminate a Temporary Messaging Channel at any time, including when an item is marked recovered, when inactivity occurs, when abuse is suspected, or when required by legal or security concerns.
10.5 Communication Retention. We may retain or delete communications in accordance with our Privacy Policy, legal obligations, dispute handling needs, fraud prevention needs, and operational practices.
10.6 No Delivery Guarantee. Message delivery may be delayed, filtered, blocked, or lost due to technical limitations or third-party systems.
11. Privacy, Data Handling, and Safety
11.1 Privacy Policy. Our collection, use, storage, transfer, disclosure, and protection of information are described in the Privacy Policy.
11.2 Controlled Exposure. The Services may be designed to reduce the need for public posting of direct personal contact information on physical items; however, you remain solely responsible for what information you choose to submit or reveal.
11.3 Safety. TAPIFLOST encourages users to exercise caution in all Recovery Interactions. Never agree to unsafe meetings, unlawful exchanges, or arrangements that present a personal safety risk. In emergencies, contact appropriate emergency services, not TAPIFLOST support.
11.4 Law Enforcement and Legal Requests. We may preserve, review, and disclose information as necessary to comply with law, legal process, regulatory requests, or to protect rights, safety, property, or security.
12. User Content; Rights You Grant to TAPIFLOST
12.1 Ownership. As between you and TAPIFLOST, you retain ownership of your User Content, subject to the rights you grant below.
12.2 License to TAPIFLOST. You grant TAPIFLOST and its affiliates, service providers, and subprocessors a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, adapt, modify, display, transmit, distribute, and otherwise use User Content as necessary to operate, provide, secure, maintain, improve, support, audit, analyze, and enforce the Services and our rights, including to detect abuse, investigate fraud, develop features, generate reports, troubleshoot issues, and comply with law.
12.3 Scope of License. The foregoing license continues for as long as reasonably necessary for the purposes above, including backup, record retention, legal compliance, dispute resolution, fraud prevention, and residual de-identified or aggregated uses to the extent permitted by law.
12.4 Your Responsibilities. You represent and warrant that you have all rights, consents, permissions, and authority necessary to provide User Content and to grant the rights described in these Terms.
12.5 No Obligation to Publish or Maintain. We are not obligated to host, display, retain, or make available any User Content and may remove or refuse any User Content in our discretion.
13. Feedback
If you provide suggestions, ideas, enhancement requests, comments, or other feedback regarding the Services (“Feedback”), you grant TAPIFLOST a perpetual, irrevocable, worldwide, royalty-free, fully paid-up right and license to use, disclose, reproduce, modify, create derivative works from, distribute, and exploit that Feedback for any lawful purpose, without restriction, attribution, or compensation to you.
14. Intellectual Property Rights
14.1 Ownership of the Services. The Services, including all software, code, technology, workflows, interfaces, designs, text, graphics, logos, trademarks, trade names, service marks, documentation, compilations, databases, know-how, and other content or materials provided by TAPIFLOST, are owned by or licensed to TAPIFLOST and are protected by intellectual property and other laws.
14.2 Limited License to You. Subject to these Terms, TAPIFLOST grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for their intended purpose.
14.3 Reservation of Rights. Except for the limited license expressly granted, no rights are granted to you by implication, estoppel, or otherwise. All rights not expressly granted are reserved by TAPIFLOST and its licensors.
14.4 Trademark Use. You may not use TAPIFLOST names, logos, slogans, or other brand features without prior written permission, except for truthful, nominative references that comply with applicable law.
15. Purchases, Payment, Taxes, and Title
15.1 Orders. By placing an order, you offer to purchase the selected products or services subject to availability, acceptance, and these Terms. We reserve the right to reject or cancel any order in whole or in part.
15.2 Pricing. Prices are displayed in the currency indicated at checkout and may exclude taxes, duties, shipping, handling, or other charges unless expressly stated otherwise.
15.3 Billing Authorization. By submitting payment information, you authorize TAPIFLOST and its payment processors to charge the applicable payment method for all amounts due.
15.4 Taxes. You are responsible for all applicable taxes, duties, fees, levies, or similar governmental charges associated with your purchases or use of the Services, other than taxes on TAPIFLOST’s net income.
15.5 Title and Risk of Loss. Unless otherwise required by applicable law or specified in separate shipping terms, title to purchased hardware transfers upon our delivery of the product to the carrier, and risk of loss passes at the same time.
15.6 Resale Restrictions. You may not resell TAPIFLOST products in a deceptive or unauthorized manner, or in a way that misrepresents condition, compatibility, support, origin, or warranty status.
16. Shipping, Returns, Defects, and Warranty Limitations
16.1 Shipping Estimates. Shipping dates and delivery estimates are approximate only and not guaranteed.
16.2 Inspection. You should inspect products promptly upon receipt and follow any activation or defect reporting procedures we make available.
16.3 Returns and Refunds. Returns, exchanges, refunds, replacements, and defect handling are governed by the policy posted at the time of purchase or otherwise communicated by TAPIFLOST. If no separate return policy applies, products are sold subject to applicable mandatory consumer protection laws only.
16.4 Limited Product Remedies. If a product is defective and a remedy is available under an applicable policy or mandatory law, TAPIFLOST may choose, to the extent permitted by law, repair, replacement, store credit, or refund as the exclusive remedy.
16.5 No Additional Warranties. Except to the extent expressly required by non-waivable law, TAPIFLOST disclaims all product warranties not expressly stated in a written limited warranty issued by TAPIFLOST.
17. Beta Features, Experimental Features, and Future Services
17.1 Beta Status. We may label some features or offerings as alpha, beta, early access, preview, pilot, experimental, or similar. Such features may be incomplete, unstable, unavailable at times, or subject to additional confidentiality or use restrictions.
17.2 No Reliance. Beta or experimental features are provided “as is” for evaluation and feedback and may be modified or discontinued at any time without liability.
18. Third-Party Services and Links
18.1 Third-Party Components. The Services may interoperate with or contain links to third-party websites, products, software, content, APIs, or services.
18.2 Separate Terms. Your use of third-party services is governed solely by the third party’s terms and policies.
18.3 No Responsibility. TAPIFLOST does not control and is not responsible for third-party services, performance, privacy practices, availability, content, security, or transactions.
19. Service Modifications; Availability; Suspension
19.1 Modification Rights. TAPIFLOST may add, remove, modify, suspend, or discontinue any aspect of the Services, products, features, workflows, or integrations at any time.
19.2 No Guaranteed Uptime. The Services may be unavailable from time to time for maintenance, updates, outages, incidents, abuse mitigation, force majeure events, or reasons beyond our control.
19.3 Protective Actions. We may suspend, rate-limit, disable, or restrict access where reasonably necessary to protect users, the Services, TAPIFLOST, or third parties.
20. Disclaimers
20.1 As Is; As Available. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, ALL HARDWARE, ALL SOFTWARE, ALL CONTENT, ALL COMMUNICATION TOOLS, AND ALL OUTPUTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.
20.2 No Implied Warranties. TAPIFLOST DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SECURITY, OR FREEDOM FROM DEFECTS.
20.3 No Warranty of Recovery or Safety. WITHOUT LIMITING THE FOREGOING, TAPIFLOST DOES NOT WARRANT THAT:
(a) ANY ITEM, PET, OR PROPERTY WILL BE RETURNED, RECOVERED, SHIPPED, OR DELIVERED;
(b) ANY FINDER OR OWNER WILL ACT LAWFULLY, HONESTLY, OR SAFELY;
(c) ANY NFC TAP, MESSAGE, NOTIFICATION, OR ALERT WILL OCCUR, REGISTER, BE TIMELY, OR BE DELIVERED;
(d) ANY PRODUCT WILL FUNCTION IN ALL DEVICES, ENVIRONMENTS, CONDITIONS, OR JURISDICTIONS;
(e) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
(f) ANY DEFECTS WILL BE CORRECTED; OR
(g) THE SERVICES OR SERVERS WILL BE FREE OF MALICIOUS CODE.
20.4 No Professional Advice. Information provided through the Services is for general informational purposes only and is not legal, safety, shipping, insurance, law-enforcement, veterinary, or other professional advice.
21. Limitation of Liability
21.1 Excluded Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TAPIFLOST OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, USE, DATA, CONTENT, SAVINGS, OR PROPERTY, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21.2 Specific Excluded Categories. WITHOUT LIMITING SECTION 21.1, TAPIFLOST SHALL NOT BE LIABLE FOR:
(a) LOSS, THEFT, DESTRUCTION, MISDELIVERY, DAMAGE, NON-RECOVERY, OR DELAYED RECOVERY OF ANY ITEM, PET, OR PROPERTY;
(b) PHYSICAL MEETUPS, SHIPMENTS, EXCHANGES, REWARDS, REIMBURSEMENTS, OR THIRD-PARTY CONDUCT;
(c) FRAUD, SCAMS, MISREPRESENTATIONS, THREATS, OR UNAUTHORIZED ACTS BY USERS OR THIRD PARTIES;
(d) DEVICE INCOMPATIBILITY, NFC LIMITATIONS, NETWORK FAILURES, OR THIRD-PARTY SERVICE FAILURES;
(e) ACCOUNT COMPROMISE RESULTING FROM YOUR FAILURE TO SAFEGUARD CREDENTIALS OR DEVICES;
(f) USER CONTENT LOSSES OR DELETION; OR
(g) DECISIONS MADE BY YOU IN RELIANCE ON THE SERVICES.
21.3 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF TAPIFLOST AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID DIRECTLY TO TAPIFLOST FOR THE RELEVANT PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY U.S. DOLLARS (US $50.00).
21.4 Essential Basis. The parties acknowledge that the disclaimers and limitations in these Terms reflect a reasonable and fair allocation of risk, form an essential basis of the bargain, and that TAPIFLOST would not provide the Services on the same terms without them.
21.5 Jurisdictional Limits. Some jurisdictions do not permit exclusion of certain warranties or limitation of certain damages. In those jurisdictions, some of the above provisions may apply only to the maximum extent permitted by law.
22. Indemnification
You agree to defend, indemnify, and hold harmless TAPIFLOST and its affiliates, licensors, service providers, officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, actions, demands, proceedings, investigations, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or related to:
(a) your access to or use of the Services;
(b) your products, Activated Products, item profiles, reward offers, meetings, shipments, or return arrangements;
(c) your User Content;
(d) your violation of these Terms;
(e) your violation of applicable law or third-party rights; or
(f) any fraud, negligence, willful misconduct, or misrepresentation by you.
TAPIFLOST may assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with our defense of such claim.
23. Termination and Account Closure
23.1 By You. You may stop using the Services at any time. If you wish to close your Account, you may do so through available account functionality or by contacting support, subject to verification requirements.
23.2 By TAPIFLOST. We may suspend, restrict, disable, or terminate your access to all or part of the Services, deactivate products, close messaging channels, remove content, or refuse service at any time, with or without notice, if:
(a) you violate these Terms;
(b) we suspect fraud, abuse, unlawful conduct, or security risk;
(c) we receive legal process or a lawful governmental request;
(d) required by law or third-party provider requirements; or
(e) continued provision of the Services is no longer commercially or operationally feasible.
23.3 Effect of Termination. Upon termination, rights granted to you under these Terms will cease immediately. Sections that by their nature should survive termination will survive, including those relating to intellectual property, feedback, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and interpretation.
23.4 Data Retention After Termination. We may retain account information, communications, logs, transactional data, fraud-prevention records, backups, and other information as required or permitted by applicable law, the Privacy Policy, dispute resolution needs, security needs, or legitimate business purposes.
24. Dispute Resolution; Binding Arbitration; Class Action Waiver
Please read this section carefully. It affects your rights.
24.1 Informal Resolution First. Before commencing arbitration or filing a claim, you and TAPIFLOST agree to attempt informal resolution of any dispute, claim, or controversy arising out of or relating to these Terms or the Services (“Dispute”). The party initiating the Dispute must send written notice describing the nature of the claim, the relief sought, and the basis for the claim. The parties will attempt in good faith to resolve the Dispute informally within sixty (60) days after such notice.
24.2 Agreement to Arbitrate. Except for claims expressly excluded below, any Dispute that is not resolved informally shall be resolved exclusively by final and binding arbitration on an individual basis.
24.3 Arbitration Administrator and Rules. The arbitration shall be administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules or, if applicable, Commercial Arbitration Rules, as modified by these Terms.
24.4 Seat and Venue. The legal seat of arbitration shall be Clark County, Nevada, unless the parties agree otherwise or applicable law requires a different location. The arbitration may be conducted remotely, by documents only, or at an in-person hearing as determined under the applicable rules.
24.5 Arbitrator Authority. The arbitrator shall have exclusive authority to resolve all threshold arbitrability issues, including enforceability, scope, formation, and applicability of this arbitration agreement, except to the extent prohibited by law.
24.6 Class Action and Representative Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND TAPIFLOST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE ATTORNEY GENERAL, 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 except to the extent required by law and incapable of waiver.
24.7 Small Claims Option. Either party may bring an eligible individual claim in a court of competent small claims jurisdiction, provided the claim remains individual and within the court’s jurisdictional limits.
24.8 Injunctive Relief Exception. Nothing in this Section prevents either party from seeking temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction for alleged infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or platform security.
24.9 Arbitration Costs. Payment of filing, administration, and arbitrator fees shall be governed by the applicable AAA rules and by mandatory law. Each party shall bear its own attorneys’ fees unless the arbitrator awards fees under applicable law or these Terms.
24.10 Opt-Out Right. You may opt out of this arbitration agreement by sending written notice of your decision within thirty (30) days of first accepting these Terms, provided the notice clearly identifies you and your intent to opt out. If you opt out, the class action waiver in Section 24.6 will not apply to you to the extent prohibited by law.
24.11 Severability. If any part of this arbitration section is found unenforceable, the unenforceable part shall be severed, and the remaining portions shall remain in force to the fullest extent permitted by law, except that if Section 24.6 is found unenforceable as to a particular claim and all appeals are exhausted, then that claim shall proceed in a court of competent jurisdiction and the remainder of this Section shall continue to apply.
25. Governing Law
These Terms and any Dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Nevada and applicable federal law of the United States, without regard to any conflict-of-laws principles that would cause the application of the laws of another jurisdiction.
26. Copyright Complaints
26.1 Respect for Rights. TAPIFLOST respects intellectual property rights and expects users to do the same.
26.2 Notice Process. If you believe content on the Services infringes your copyright, you may submit a notice containing sufficient information for us to evaluate the claim, including identification of the copyrighted work, identification of the allegedly infringing material, your contact information, a good-faith statement, and a statement made under penalty of perjury where required by law.
26.3 Counter-Notice. If content is removed based on a copyright complaint, the affected user may have the right to submit a counter-notice where permitted by law.
26.4 Repeat Infringers. We may terminate Accounts of repeat infringers in appropriate circumstances.
27. Communications; Electronic Notices; Consent to Electronic Records
27.1 Electronic Communications. By using the Services, you consent to receive electronic communications from TAPIFLOST, including agreements, notices, disclosures, updates, and records.
27.2 Legal Effect. You agree that electronic records and signatures satisfy any legal requirement that such communications be in writing, to the extent permitted by law.
27.3 Notice Methods. We may provide notices by posting within the Services, updating webpages, sending email to the address associated with your Account, or by other reasonable means.
27.4 Your Contact Information. You are responsible for keeping your contact information current.
28. Changes to These Terms
28.1 Updates. We may revise these Terms from time to time.
28.2 Effective Date. Unless otherwise stated, revised Terms become effective when posted.
28.3 Material Changes. For material changes, we may provide additional notice, such as through account notifications, checkout notices, or email.
28.4 Continued Use. By continuing to access or use the Services after revised Terms become effective, you agree to the revised Terms. If you do not agree, you must stop using the Services.
29. Assignment and Transfer
You may not assign, transfer, delegate, or sublicense any rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this Section is void. TAPIFLOST may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, financing, reorganization, sale of assets, or operation of law.
30. Force Majeure
TAPIFLOST shall not be liable for any delay, failure, interruption, or degradation of the Services caused by events beyond its reasonable control, including acts of God, natural disasters, weather events, fire, pandemic, epidemic, war, terrorism, civil unrest, labor disputes, infrastructure failure, internet or telecommunications failures, power outages, transportation disruptions, cyberattacks, supply chain disruption, governmental action, or third-party service failures.
31. Interpretation
31.1 Headings. Headings are for convenience only and do not affect interpretation.
31.2 Including. The words “include,” “includes,” and “including” mean “including without limitation.”
31.3 Severability. If any provision of these Terms is held unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.
31.4 Waiver. No waiver of any provision is effective unless in writing and signed by an authorized representative of TAPIFLOST. No failure or delay in exercising any right operates as a waiver.
31.5 Entire Agreement. These Terms, together with any incorporated policies and applicable supplemental terms, constitute the entire agreement between you and TAPIFLOST regarding the Services and supersede all prior or contemporaneous understandings relating to the subject matter herein, except for any separate written agreement signed by TAPIFLOST.
31.6 No Third-Party Beneficiaries. Except as expressly provided, these Terms do not create third-party beneficiary rights.
31.7 Relationship of the Parties. Nothing in these Terms creates any agency, partnership, joint venture, employment, franchise, fiduciary, or other special relationship between you and TAPIFLOST.
32. Contact
Questions about these Terms, legal notices, or formal claims may be submitted through the contact and support channels made available on tapiflost.com.