TERMS OF SERVICE

Last Updated: October 16, 2026

Welcome to XtapDigital ("Company", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, consultation, and NFC/QR-enabled review hardware units (collectively, the "Services").

By accessing our website, calling our direct lines, or purchasing and deploying our smart review hardware, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. Overview of Services

XtapDigital provides digital reputation management solutions, Google Business Profile consultation and optimization services, and customized, physical near-field communication (NFC) / QR review display hardware ("Countertop Units").

  • Advisory & Setup Services: We provide guidance and implementation services to assist businesses in establishing, verifying, and managing their online business profiles.

  • Hardware Units: We program, design, and deliver physical countertop review units that enable your customers to tap or scan using a mobile device to access your online review profiles.

2. Independent Service Provider & Third-Party Platforms

  • No Affiliation with Google LLC: XtapDigital is an independent agency and hardware provider. We are not endorsed by, affiliated with, sponsored by, or partner-certified by Google LLC, Alphabet Inc., or any of their subsidiaries.

  • Third-Party Terms of Service: Google Business Profiles and Google Reviews operate under the sole terms, rules, and algorithmic oversight of Google LLC. You agree that:

    • Google retains full editorial control over public review submissions, reviews filtered by spam algorithms, account verifications, and account suspensions.

    • XtapDigital does not own, manage, or manipulate Google's underlying algorithms, review display criteria, or indexing mechanisms.

3. Review Policies & Prohibited Activities

Our hardware and services are engineered to streamline authentic feedback collection. By purchasing and deploying XtapDigital products, you agree to comply with all federal regulations, trade laws, and platform policies:

  • Platform Compliance: You must adhere strictly to Google's User Contributed Content Policies and the FTC (Federal Trade Commission) guidelines on consumer endorsements and testimonials.

  • No Review Gating or Fraud: You shall not configure, request, or use the Countertop Units to selectively filter negative reviews ("review gating"), solicit fake or paid reviews, incentivize 5-star ratings with financial or material compensation, or prevent dissatisfied customers from leaving genuine feedback.

  • Compliance Responsibility: You bear full legal responsibility for how you solicit feedback from your customers on your premises.

4. Hardware Use, Care, and Limited Warranty

  • Operation: Countertop Units function via passive NFC chips and printed QR codes. Performance is contingent upon customer device compatibility (e.g., active NFC antenna enabled) and cellular or Wi-Fi connectivity.

  • Limited Hardware Warranty: We provide a 30-day limited warranty from the date of physical delivery covering manufacturing defects in the NFC chip or acrylic/matte encasement.

  • Exclusions: The warranty does not cover:

    • Normal wear and tear, surface scratches, fluid spills, or physical impacts.

    • Customer device incompatibilities or software restrictions on user phones.

    • Inability to leave reviews caused by third-party platform downtime, Google policy updates, or link changes made without our direction.

5. Client Obligations

To enable us to perform optimization and hardware programming, you agree to:

  • Provide accurate and complete business information (business name, official address, telephone contact, and live Google Maps destination URL).

  • Maintain lawful control and operational authorization over the business entity associated with the profile.

  • Promptly notify us of any changes to your phone numbers, physical locations, or public review links.

6. Billing, Fees, and Refund Policy

  • Service & Hardware Fees: All prices for setup services, ongoing management, and physical countertop units are quoted prior to purchase. Payment is required in full before hardware configuration and shipment commence.

  • Custom Products: Because each Countertop Unit is customized with unique business branding and encoded destinations, all hardware sales are final once production has begun, except in the event of an unresolvable technical defect covered under our limited warranty.

  • Consulting Fees: Fees paid for profile setup, consultation, and optimization work represent professional labor and are non-refundable once the service is rendered.

7. Intellectual Property

  • XtapDigital Property: The site design, marketing copy, graphics, branding, software code, and visual designs created by XtapDigital remain the proprietary property of the Company.

  • Client Assets: You grant us a limited, non-exclusive license to use your business name, logos, and publicly visible profile information solely for the purpose of printing, programming, and configuring your hardware and collateral.

8. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED HEREIN, ALL SERVICES AND HARDWARE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XTAPDIGITAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  • GUARANTEES OF RANKING POSITION, REVIEW VOLUME, REVENUE GROWTH, OR CALL INQUIRIES RESULTING FROM PROFILE SETUP OR HARDWARE INSTALLATION.

  • IMMUNITY FROM PROFILE SUSPENSIONS, REVIEWS REMOVED BY PLATFORM SPAM FILTERS, OR THIRD-PARTY OUTAGES.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XTAPDIGITAL, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES—INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, REPUTATIONAL DAMAGE, BUSINESS INTERRUPTION, OR PLATFORM SUSPENSIONS—ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SERVICES OR PRODUCTS.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO XTAPDIGITAL FOR THE SPECIFIC SERVICE OR PRODUCT GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless XtapDigital, its officers, employees, and contractors from and against any claims, liabilities, damages, judgments, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

  • Your violation of these Terms.

  • Your violation of any third-party right, including intellectual property or FTC consumer protection guidelines.

  • Any disputes between you and your customers resulting from in-store interactions or online reviews.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State in which XtapDigital maintains its primary place of business, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved through binding individual arbitration or within the small claims division of local courts having proper jurisdiction.

12. Modifications to Terms

We reserve the right to amend or update these Terms at any time by posting the revised version on our website with an updated "Last Updated" date. Continued use of our Services following any modifications constitutes acceptance of the revised Terms.

13. Contact Information

If you have questions, concerns, or requests regarding these Terms of Service, please contact us directly:

  • Entity: XtapDigital

  • Telephone: 888-460-9464

  • Website: www.xtap.digital/reviews

  • Email: info@xtap.digital