Effective date: October 6, 2026 | Last updated: October 6, 2026 | Version: 1.0
These Smart Tap Terms ("Smart Tap Terms") govern your purchase, subscription to, and use of AV Prime Smart Tap — our NFC-tap and QR-code platform, the physical devices we provide to deliver it, and the dashboards, automation, AI features, and customer-facing pages that come with it. They apply in addition to, and are incorporated into, your Service Agreement, Billing & Cancellation Policy, Privacy Policy, and Acceptable Use Policy, each of which continues to apply. If these Smart Tap Terms conflict with the Service Agreement on a point specific to Smart Tap, these Smart Tap Terms control for that point only.
1. What Smart Tap Is
1.1 Smart Tap is a platform that links a physical NFC tag or QR code to a destination you configure — for example a review page, contact card, booking link, menu, customer portal, or an AI-assisted intake feature. Tapping a device with a compatible phone, or scanning its QR code, opens that destination.
1.2 What a given Smart Tap device does depends entirely on how it is configured in your account and which plan and add-ons are active on your subscription. We do not guarantee that any specific feature is included unless it is listed in your proposal, order confirmation, or plan.
2. NFC & QR Compatibility
2.1 NFC tap reliability depends on the end user's phone, its operating system, its NFC settings, and physical factors such as phone cases, mounting surfaces, and interference from other NFC sources. We cannot guarantee that every phone or every tap will register successfully.
2.2 Every Smart Tap device also carries a QR code as a fallback. QR scanning depends on the end user's camera, scanning app, and connectivity, and is subject to the same kind of limitations.
2.3 We are not responsible for a phone manufacturer's, carrier's, or operating-system vendor's NFC behavior, restrictions, or changes, including changes that occur after your device is issued.
3. Device Ownership
3.1 Whether a Smart Tap device is sold to you outright, provided as part of your subscription, or loaned for the term of your subscription is stated in your proposal or order confirmation. Where your proposal or order confirmation does not say, ownership of that device has not yet been finalized as company policy, and we will confirm it with you in writing before treating a device as sold or as subscription property.
3.2 Regardless of who owns the physical device, the Smart Tap platform, software, and backend services that make it work are licensed, not sold — see Section 14 (Intellectual Property).
4. Devices Depend on an Active Subscription
4.1 A Smart Tap device is a physical trigger for our platform — tapping or scanning it sends a request to our servers, which then direct the end user based on your current configuration. A device has no independent function apart from that platform.
4.2 If your Smart Tap subscription lapses, is suspended, or is cancelled, devices linked to it may stop functioning as configured, be paused, or redirect to a default page, depending on your plan and the reason for the change. We will describe what happens to your specific devices in your Billing & Cancellation Policy and, where applicable, your cancellation confirmation.
5. Lost, Damaged, or Stolen Devices
5.1 Tell us as soon as reasonably possible if a device is lost, stolen, or damaged, so we can deactivate or reconfigure it and reduce the risk of misuse.
5.2 Replacement devices are available subject to the fees, if any, stated in your plan, order confirmation, or the quote we provide you at the time of replacement. We do not publish replacement pricing in this document; current pricing is provided directly to you.
5.3 We may deactivate a reported device's prior configuration and reassign a new one to protect you and your customers from unauthorized use of the old device.
6. Device Modification & Tampering
6.1 You may not reprogram, clone, duplicate the chip or QR payload of, or otherwise alter the underlying function of a Smart Tap device outside of the configuration tools we provide.
6.2 You may not embed, laminate, or affix a Smart Tap device to a surface or product in a way that is unsafe, violates a third party's rights, or is not reasonably consistent with how the device was intended to be used, without first discussing it with us.
6.3 Tampering with a device, or attempting to make it present false information about its source or configuration, is prohibited and may result in deactivation and termination under your Service Agreement.
7. Prohibited Configurations
You may not configure a Smart Tap device, destination page, or AI feature to: redirect to unlawful, fraudulent, or deceptive content; infringe a third party's intellectual property or rights of publicity; impersonate another business or person; collect personal information beyond what your Privacy Policy and applicable law allow; or violate our Acceptable Use Policy. We may disable a configuration that we reasonably believe does any of these things.
8. Subscription, Pricing & Billing
8.1 Smart Tap is billed under your Billing & Cancellation Policy's Smart Tap Subscription section, as a recurring software subscription, separate from one-time project work and separate from the website-hosting subscription terms described elsewhere in that Policy.
8.2 This document does not state current prices. Plan, add-on, and device pricing is provided to you in your proposal, order confirmation, or account, and these Smart Tap Terms are not a pricing page.
9. Cancellation
You may cancel your Smart Tap subscription as described in your Billing & Cancellation Policy. Until you receive our confirmation that a cancellation has taken effect, your subscription and any associated fees continue. If you believe a cancellation request was not received or acted on, contact us at info@avprimedesign.com so we can confirm it directly — written confirmation from us is the authoritative record of a cancellation's effective date.
10. Refunds
Refunds for Smart Tap subscription fees, add-ons, and devices are handled under your Billing & Cancellation Policy's refund terms. Fees are not blanket non-refundable; refundability depends on what was purchased and whether it has already been delivered, shipped, customized, or consumed. Custom-branded or personalized devices may not be returnable once produced — see Section 15.
11. Payments Your Customers Make Through Smart Tap
11.1 Some Smart Tap features let your own customers pay you — for example for a service, product, or booking — through a payment connection you set up with a supported payment processor. When this happens, your customer's payment is a transaction between your business and your customer. AV Prime Smart Tap provides the interaction layer (the tap, the page, the checkout flow), but AV Prime does not become the merchant, payment processor, or a party to that transaction merely because Smart Tap facilitated it.
11.2 Where we support direct payment-processor connections, funds from your customer's payment are intended to settle directly into the connected account you control at your payment processor — not into an AV Prime account — and we do not take custody of those funds. Your Smart Tap subscription fee, which you pay to us, is separate from any amount your customers pay you.
11.3 You remain responsible for complying with your payment processor's terms, for your own merchant obligations (such as refunds you owe your customers, sales tax, and chargebacks), and for any fees your payment processor charges you directly.
12. Payment Processor Dependency
Smart Tap's payment features depend on third-party payment processors (currently, where connected, Stripe and/or Square). We are not responsible for a processor's outages, policy changes, account reviews, holds, or terminations. If your connection with a processor is suspended or ends, related Smart Tap payment features may stop working until you reconnect or re-authorize it.
13. AI-Assisted Features
13.1 Smart Tap may include AI-assisted features, such as an AI receptionist or automated intake, built on third-party AI platforms. As of this version, those AI features may use Anthropic's Claude for text and drafting, and Retell for voice interactions, depending on what is active on your plan. We may add, remove, or change AI providers over time.
13.2 AI-generated responses can be incomplete or inaccurate. AI features are not a substitute for legal, medical, financial, or other professional advice, and nothing an AI feature says on your behalf should be treated as guaranteed accurate or binding on us.
13.3 Where applicable law requires disclosing that a person is interacting with an automated system rather than a human, you are responsible for enabling and maintaining that disclosure in your configuration; we provide the tools to do so but cannot guarantee how you have configured them.
13.4 Information submitted to an AI feature is processed by the third-party AI provider under that provider's own terms. See your Privacy Policy for more on how AI processing works.
14. Messaging (SMS & Text)
14.1 If your plan includes SMS or text messaging, messages are sent only to numbers that have opted in under our consent architecture — tapping or scanning a Smart Tap device, or being a customer of yours, does not by itself create marketing consent. See Section 16.
14.2 We honor opt-out requests sent using standard stop-family keywords (such as STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT) and process opt-back-in requests sent using standard start-family keywords (such as START, YES, or UNSTOP), and we suppress further messages to an opted-out number accordingly. Message and data rates may apply per the recipient's carrier plan. We do not currently guarantee an automated "HELP" reply; if your customers need help with messaging, direct them to contact you or us directly.
14.3 Transactional and service messages (such as appointment reminders a customer has requested) are treated differently from marketing messages under our consent architecture, and opting out of marketing does not necessarily opt a customer out of messages tied to a transaction they initiated.
15. Marketing Consent Is Not Automatic
Using a Smart Tap device, becoming your customer, or interacting with your AI feature does not, by itself, enroll a person in marketing communications from you or from us. Marketing consent must be given affirmatively, through the specific opt-in mechanism presented to that person, and is tracked separately from general use of Smart Tap.
16. Reviews
16.1 Smart Tap may include features that direct your customers to leave a public review (for example, on Google). You may not use Smart Tap to fabricate reviews, materially and deceptively alter what a reviewer wrote, impersonate a reviewer, offer payment or discounts conditioned on a positive review, or selectively direct only likely-positive customers to the review step while diverting others ("review gating"), where that practice is prohibited by the review platform or applicable law.
16.2 AV Prime does not submit, post, or alter a review on behalf of your customers, and cannot guarantee the content, number, or rating of reviews your business receives.
17. Documents, E-Signatures & the Customer Portal
17.1 Certain Smart Tap documents (for example, device waivers or acknowledgments) may be presented for electronic signature through our e-signature tools. Electronically signing such a document has the same effect as a handwritten signature, and we retain a record of what was signed, by whom, and when.
17.2 Electronic signature on a document does not by itself make every statement in it legally sufficient for every purpose; where a document needs to meet a specific legal requirement (for example, a liability waiver in your jurisdiction), you are responsible for confirming that with your own counsel.
17.3 Where Smart Tap gives you or your customers access to a customer portal, access is through an authenticated login or a secure link (such as a time-limited magic link) issued to that person. You and your customers are responsible for keeping those credentials or links confidential; we are not responsible for access obtained because a credential or link was shared or left exposed.
18. Data Captured When a Device Is Tapped or Scanned
18.1 When someone taps or scans a Smart Tap device, our platform records session information such as the date and time, which device was used, and basic technical details about the browser or app used to open the destination, so the feature can function and so you can see activity in your dashboard.
18.2 We do not collect a tapping or scanning device's precise GPS location. Where our platform or your dashboard refers to a "location" in connection with Smart Tap or Smart Tap Workforce (such as a staff clock-in), that means a business location you have configured — an address or site record — not coordinates read from anyone's device.
18.3 See your Privacy Policy for more on what is collected, how it is used, and your choices.
19. Smart Tap Workforce (Staff Time Clock), If Included
If your plan includes Smart Tap Workforce features such as staff clock-in/clock-out, those features record the business location a staff member selects from the locations they are eligible for, along with the time of the entry — again, not device GPS coordinates — for your own timekeeping records.
20. Loyalty, Memberships & Similar Features
Where your plan includes loyalty, membership, or similar customer-facing features through Smart Tap, the specific rules of your program (such as point values, rewards, and expiration) are set by you, and you are responsible for honoring them and for their compliance with applicable law. We provide the platform that runs the program you configure.
21. Service Availability
We work to keep Smart Tap available, but we do not guarantee uninterrupted or error-free operation, and we do not promise a specific uptime percentage unless we have agreed to one with you in writing.
21.2 Devices function only while the Smart Tap platform is reachable. Planned maintenance, outages at our infrastructure or third-party providers, and internet or carrier issues on the end user's side can all prevent a tap or scan from completing successfully.
22. Support
Support for Smart Tap is provided consistent with the support level stated in your proposal or plan. Unless your proposal or plan states a specific support commitment (such as defined hours or response times), we do not guarantee a particular response time or availability.
23. Warranties
Except as stated in writing in your proposal, order confirmation, or applicable manufacturer warranty, Smart Tap devices and the Smart Tap platform are provided without additional warranties, to the fullest extent the law allows. We do not promise that a device will be free of defects indefinitely or that the platform will meet every use you have in mind for it.
24. Shipping & Device Delivery
24.1 If we ship a physical device to you, we will use a shipping method and carrier we reasonably select. We do not guarantee a specific delivery date unless we have agreed to one in writing, and delivery timing can be affected by the carrier, customs, weather, or other factors outside our control.
24.2 Who bears the risk of loss during shipping (you or us) for a given order is a matter we recommend be confirmed in writing for your specific order and reviewed with counsel if it has not already been addressed in your proposal.
25. Returns
Returns of Smart Tap devices follow the policy stated in your proposal or order confirmation. Where a device has been customized, personalized, or branded for you specifically, it may not be returnable once produced; where your proposal or order confirmation does not address this, we will confirm the applicable return policy with you in writing before treating an order as final.
26. Intellectual Property
26.1 Smart Tap platform. The Smart Tap software, backend services, dashboards, AI configuration tools, and related technology are the property of AV Prime Design Corp. and our licensors. Your subscription gives you a license to use the platform for your business — it does not transfer any ownership of, or grant access to, the underlying source code or platform intellectual property, regardless of how long you subscribe or how many devices you own.
26.2 Physical devices. Owning a Smart Tap device outright, where that is your arrangement under Section 3, gives you ownership of that physical item. It does not give you any ownership interest in the Smart Tap platform, software, or any AV Prime intellectual property that makes the device function.
26.3 Custom software & branding. Ownership of any custom software, integrations, or branded materials we build specifically for you is governed by the terms of your specific proposal or statement of work, which may vary by engagement — this document does not assume a single, uniform ownership outcome for custom work.
27. Other Documents & Order of Precedence
These Smart Tap Terms work together with your Service Agreement, Billing & Cancellation Policy, Privacy Policy, and Acceptable Use Policy. If a conflict exists between this document and one of those on a point not specific to Smart Tap, the Service Agreement controls unless the conflict reflects an intentional, specific exception we have agreed to with you in writing.
28. Changes to These Terms
We may update these Smart Tap Terms by posting a revised version with a new effective date. For material changes, we will seek to notify active subscribers before the change takes effect rather than relying on silent re-acceptance; continued use of Smart Tap after a change takes effect constitutes acceptance of the update for ongoing use, without affecting what already happened under the prior version.
29. Governing Law
These Smart Tap Terms are governed by the laws of the State of New York, consistent with your Service Agreement, and disputes are subject to the same venue described there.
30. Contact
info@avprimedesign.com · AV Prime Design Corp.