1. The Services

Kitetags is a web-based platform that lets account holders configure and manage NFC tags. Account holders can associate unique data with each tag, set interactions such as URL redirects or webhooks, manage tags in groups, import and export tag data, and connect the platform to third-party services such as Zapier.

The physical Kitetag hardware (the NFC tags themselves) is sold and shipped by Tagstand at www.tagstand.com/kitetags under separate terms. Tagstand’s terms govern any purchase, shipping, return, or warranty issue relating to the physical tags. These Terms govern your use of the Kitetags platform itself.

2. Eligibility and Account Registration

To use the Services, you must be at least 18 years old (or the age of legal majority in your jurisdiction) and capable of entering into a binding contract. You may not use the Services if you have been previously suspended or removed from the Services.

When you create an account, you agree to:

• Provide accurate, current, and complete information.
• Keep your account information up to date.
• Keep your password confidential and not share your account with others.
• Be responsible for all activity that occurs under your account.
• Notify us promptly at the contact address below if you suspect any unauthorized access.

You may authorize members of your team to access your account. You are responsible for their actions and for ensuring they comply with these Terms.

3. Plans, Fees, and Billing

3.1 Free Tier and Free Trials

We may offer a free tier or free trial. Free access may be subject to feature, usage, or time limits, which we may modify at any time. We may discontinue free access at our discretion.

3.2 Paid Subscriptions

Paid plans are billed in advance on a recurring basis (monthly or annually, as you select) at the rates posted at kitetags.com/pricing at the time of purchase. Unless you cancel before the end of the current billing period, your subscription will automatically renew at the then-current rate, and you authorize us to charge your payment method for each renewal.

3.3 Taxes

Fees are exclusive of taxes. You are responsible for all applicable sales, use, value-added, withholding, and similar taxes, except taxes based on our net income.

3.4 Refunds and Cancellation

Except where required by law, fees are non-refundable. You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period; you will retain access until then and will not be charged again.

3.5 Price Changes

We may change our fees. We will give you reasonable advance notice (at least 30 days) by email or in-product notice before any price increase takes effect on your subscription. If you do not agree to the new price, you may cancel before it takes effect.

3.6 Failed Payments

If a payment fails, we may suspend or downgrade your account until payment is received. You remain responsible for all amounts owed.

4. Your Content

The Services allow you to upload, configure, and manage content, including URLs you associate with tags, JSON payloads sent through webhooks, digital business card information, custom data fields, CSV imports, and any other materials you submit (“Your Content”).

You retain all rights in Your Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and otherwise use Your Content solely to operate and provide the Services to you, including delivering tap-triggered interactions to end users.

You are solely responsible for Your Content and for ensuring that:

• You have all rights necessary to submit it and to direct it to the destinations you configure.
• It complies with these Terms, applicable laws, and the rights of third parties.
• Any personal information you collect or process through tap data, webhooks, or integrations complies with applicable privacy laws and is handled in line with our Privacy Policy.

5. Acceptable Use

You agree not to use the Services, and not to configure Kitetags to direct end users to content or destinations, that:

• Violate any law, regulation, or third-party right (including intellectual property, privacy, or publicity rights).
• Contain or distribute malware, viruses, worms, ransomware, or other harmful code.
• Phish, scam, defraud, or impersonate any person or entity.
• Harass, threaten, defame, or harm any person.
• Contain sexually explicit material involving minors, content promoting violence or terrorism, or other content prohibited by law.
• Send unsolicited communications (spam) or otherwise abuse webhook or integration features.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Services, our systems, or other users’ accounts.
• Reverse engineer, decompile, or attempt to extract the source code of the Services, except to the extent expressly permitted by applicable law.
• Use the Services to build a competing product or service, or to scrape or systematically extract data from the Services.
• Bypass rate limits, usage quotas, or other technical restrictions.
• Resell, sublicense, or commercially exploit the Services except as expressly permitted in writing by us.

We may investigate suspected violations and take action, including removing content, disabling tags, suspending features, or terminating accounts.

6. Webhooks, Integrations, and Third-Party Services

The Services let you configure webhooks that send data to URL endpoints you choose, and to connect third-party services such as Zapier, Tarvent, and others (“Third-Party Services”). You acknowledge that:

• You are solely responsible for the security, reliability, and lawful operation of any endpoint or Third-Party Service you connect.
• Third-Party Services are not under our control and are governed by their own terms and privacy policies.
• Once data leaves the Services through a webhook or integration, we are not responsible for how that data is handled.
• We may suspend or remove integrations or webhook delivery if we reasonably believe they are being used in violation of these Terms or are causing harm to the Services or other users.

7. Intellectual Property

The Services, including all software, designs, text, graphics, logos, and other materials (excluding Your Content), are owned by us or our licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or personal use.

All rights not expressly granted are reserved. “Kitetags” and our logos are our trademarks. You may not use them without our prior written permission, except for factual reference (for example, identifying us as your service provider).

If you provide us with feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation to you.

8. Customer Support

To diagnose and resolve issues, our authorized customer support representatives may, with appropriate controls, access your account in a “login as” mode. This access is logged and used solely to provide support. You may withdraw consent to this access by contacting us, in which case we may be limited in the support we can provide.

9. Beta and Preview Features

We may make beta, preview, or experimental features available (“Beta Features”). Beta Features are provided “as is,” may be changed or discontinued at any time, and may not work reliably. Your use of Beta Features is at your own risk, and any service level commitments do not apply to them.

10. Suspension and Termination

You may stop using the Services and cancel your account at any time from your account settings.

We may suspend or terminate your access to the Services, in whole or in part, immediately and without prior notice if we reasonably believe that:

• You have violated these Terms or applicable law;
• Your use poses a security, legal, or operational risk to us, the Services, or other users;
• Your account has been inactive for an extended period; or
• We are required to do so by law.

Upon termination, your right to use the Services ends. We may delete Your Content after a reasonable period. You can export tag data using the platform’s CSV export feature before termination. Sections of these Terms that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution.

11. Disclaimers

To the maximum extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Services will be uninterrupted, error-free, or secure; that defects will be corrected; that tap interactions, redirects, or webhooks will always deliver successfully; or that any data will be preserved without loss. You are responsible for keeping your own backups of Your Content where appropriate.

NFC tag readability depends on the end user’s device, operating system, network conditions, and physical environment. We do not warrant that any specific device will be able to read or interact with a Kitetag.

12. Limitation of Liability

To the maximum extent permitted by law, in no event will Kitetags, our affiliates, or our suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to these Terms or the Services, whether based on contract, tort, statute, or any other legal theory, even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or related to these Terms or the Services will not exceed the greater of (a) the amount you paid us for the Services in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

Some jurisdictions do not allow exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Kitetags, our affiliates, and our officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Services;
• Your Content or the destinations to which you direct tap interactions;
• Your violation of these Terms or applicable law; or
• Your violation of any third-party right, including privacy, intellectual property, or publicity rights.

We may, at our option, assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with our defense of the claim.

14. Changes to the Services and Terms

We may modify the Services at any time, including adding, changing, or removing features. We may also modify these Terms. If we make material changes, we will provide notice by email or in-product notice before the changes take effect. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance. If you do not agree, you must stop using the Services and may cancel your account.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules.

Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in San Mateo County, California, and you and we consent to the personal jurisdiction of those courts. [Optional: replace with binding arbitration clause and class-action waiver after attorney review.]

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

16. Miscellaneous

• Entire Agreement. These Terms, together with our Privacy Policy and any policies referenced in them, constitute the entire agreement between you and us regarding the Services.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.
• Relationship. No agency, partnership, joint venture, or employment is created by these Terms.
• Force Majeure. We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, or governmental actions.
• Notices. We may send notices to you by email to the address associated with your account or by posting in the Services. You should send notices to us at the contact address below.

17. Contact

Questions about these Terms? Contact us at:

New Pacific County, LLC (dba Kitetags)
7 W 41st Ave Suite 334, San Mateo, CA 94403
Email: support@kitetags.com

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