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Merchant Services Agreement
1. About this agreement
This Merchant Services Agreement ("Agreement") is the contract between your business ("Merchant," "you," or "your") and Qtap for your use of the Qtap Dashboard and related services. By creating a Qtap merchant account, subscribing to a plan, or using the services in any way, you agree to this Agreement on behalf of your business.
If you are signing up on behalf of a company or organization, you confirm that you have the authority to bind that entity to this Agreement.
This Agreement, together with our Data Processing Addendum and our Privacy Policy, is the complete agreement between us. It replaces anything we may have said or written before.
2. Who Qtap is
Qtap operates as two entities:
- Qtap Inc., registered in Doha, Qatar. This is the entity that contracts with you under this Agreement.
- Qtap Loyalty LLC, registered in Delaware, USA. This is our parent company and does not contract directly with you.
When this Agreement says "Qtap," "we," "us," or "our," we mean Qtap Inc., unless context clearly says otherwise.
You can reach us at hello@qtap.qa, support@qtap.qa, billing@qtap.qa, legal@qtap.qa, or WhatsApp +974 6677 6974.
3. Who can use Qtap as a merchant
You can use Qtap as a merchant if you operate a legitimate, registered business; have authority to bind that business; are not prohibited under sanctions or embargoes; and are at least 18 years old.
You cannot use Qtap if your business sells illegal goods or services, engages in fraud or money laundering, is on a sanctions list, or was previously suspended from Qtap for material breach.
4. What Qtap provides
Qtap provides the merchant dashboard for managing loyalty programs, campaigns, communications, and analytics; access to the Qtap customer mobile app; backend services for tap and scan events, reward tracking, and data storage; support channels appropriate to your plan; and hardware products such as NFC tags, NFC cards, and e-paper counter displays available for separate purchase (see Section 10).
Fair use and plan limits
Each plan has specific limits on locations, staff accounts, loyalty cards, QR codes, campaigns, and push notifications. Current limits are published at qtap.qa/pricing and shown in your dashboard. When you reach a limit, the affected feature is locked until you upgrade, purchase an add-on, or reduce your usage.
5. Your plan and fees
Plan tiers
We offer four tiers: Starter ($29 monthly / $24 annual per month, for kiosks, salons, single shops); Growth ($49 / $39, for small cafes with 1-2 locations); Elite ($79 / $65, for small chains with 3-5 locations); Franchise ($199 / $165, for franchises with 6+ locations). All prices are in US Dollars and exclusive of taxes. Annual plans bill the full year upfront and save approximately 17%.
Plan features, limits, and inclusions are published at qtap.qa/pricing. We may change features included in a plan with 30 days' notice.
How billing works
We bill through Stripe. You provide a valid payment method at signup and we charge it automatically for each renewal. Monthly plans bill on the same day of each month as your signup date. Annual plans bill once per year on your signup anniversary. Charges apply for the next billing period before it begins. All fees are non-refundable except as described in Section 20.
Auto-renewal
Your subscription renews automatically at the end of each billing period unless you cancel before the renewal date. The renewal charge uses the same payment method. If our price changes before your renewal, we will notify you at least 30 days before the change takes effect, and you can cancel before the new price applies.
Taxes
Listed prices do not include taxes. You are responsible for any sales tax, VAT, withholding tax, or other government charges that apply in your jurisdiction. Where law requires us to collect tax, we add it to your invoice and remit it to the relevant authority.
6. Free trial
New merchants get a 14-day free trial at signup. You must provide a valid credit card. No charges are made during the trial period. On day 15, your card is charged for the plan you selected at signup (Growth by default if no tier was selected), at the monthly rate. You can cancel any time during the trial with no charges. Trial access includes all features of your selected plan within standard limits.
If you previously had an active Qtap subscription and cancelled, you are not eligible for another free trial. Fraud prevention rules may deny repeat trials from the same business, card, or IP address.
7. Changing or cancelling your plan
Upgrades take effect immediately and prorate the new plan for the remainder of your current billing period. Downgrades take effect at the end of your current billing period and require usage reduction below the lower plan's limits. Cancellation keeps full access until the end of the current billing period; the subscription does not renew; we do not refund the unused portion. Refunds are not offered for unused portions of a subscription period; if your subscription ends early due to our material breach or service shutdown, we refund unused prepaid fees pro-rata.
8. Add-ons and paid features
You can purchase add-ons on top of your plan. Available add-ons, prices, and eligible plans are published at qtap.qa/pricing. Examples include additional locations, extra loyalty cards, NFC tags, AI insight packs, and custom QR branding.
Subscription add-ons (extra locations, custom QR branding) bill monthly alongside your plan and auto-renew until cancelled. One-time purchases (NFC tag packs, AI insight packs) bill at purchase and do not renew. Add-ons follow the same auto-renewal, cancellation, and refund terms as your plan.
9. Payment failures
If a payment fails we will retry your card over several days, email you with a payment-update link, place your account in a 14-day grace period, suspend dashboard access if not resolved within 14 days while keeping your data intact, and terminate the account with permanent data deletion (with notice) if not resolved within 60 days. During suspension your customers can still redeem rewards already earned; campaigns and communications are paused.
10. Hardware
Qtap sells physical products that work with the service: NFC tags, NFC cards for merchant use, and e-paper counter displays.
Orders and delivery
Prices shown at order can change without notice. You pay separately for shipping; we handle fulfillment. Risk of loss passes when the carrier delivers. Title passes when we have received full payment.
Warranty
90-day limited warranty from delivery. We replace or repair any product with a manufacturing defect; you cover shipping to us, we cover shipping the replacement. Warranty does not cover damage from misuse, dropping, water, extreme temperatures, cosmetic damage that does not affect function, your own modifications, or products older than 90 days.
Returns
Unopened hardware can be returned within 30 days for a refund of the product price (shipping not refunded). Opened or used hardware is only accepted under warranty.
NFC cards
NFC cards are sold exclusively for merchant use, such as at the counter for customers to tap. Qtap customers do not use merchant-issued NFC cards to hold their accounts. We do not sell NFC cards to consumers.
11. Customer data and the Data Processing Addendum
When you use Qtap, customers create Qtap accounts and enroll in your loyalty program. We handle customer personal data on a joint basis: Qtap is the controller of each customer's overall Qtap account, identity, and cross-merchant data. You are a joint controller for the specific loyalty relationship between you and your customers.
Our Data Processing Addendum ("DPA") sets out exactly how this works. By agreeing to this Agreement, you also agree to the DPA, which is available at qtap.qa/legal/dpa and forms part of this Agreement. The DPA covers your obligations when handling customer data, your export rights and deletion obligations, what happens when a customer asks to delete their Qtap account, cross-border transfers, and breach notification procedures.
If you are based in the EU, UK, or another jurisdiction with strict data protection laws, the DPA may include additional terms specific to those jurisdictions, including Standard Contractual Clauses.
12. Your content and branding
What you upload
You may upload business information, logos, campaign graphics, reward images, and descriptive text. You confirm that you have the right to use everything you upload and that it does not infringe anyone else's rights. By uploading, you grant Qtap a worldwide, non-exclusive, royalty-free license to host, display, and process that content for running the service. The license ends when you remove the content or cancel your account, except for content we are required to retain by law.
Marketing rights
By using Qtap, you grant us the right to use your business name and logo to identify you as a Qtap merchant on our website, marketing materials, and product demonstrations; to quote public reviews or testimonials with attribution; and to create case studies about your use of Qtap, but only with your prior written consent for each case study. You can opt out at any time by emailing hello@qtap.qa. Opt-out does not affect uses already published.
13. Your obligations
You agree to provide accurate signup information and keep it up to date; keep account credentials secure and unshared; use Qtap in compliance with applicable laws; honor the rewards, offers, and campaigns you publish; respond to customer data requests we forward within 7 days; promptly delete customer data from your exports when a deletion request has been forwarded; pay invoices on time; and avoid prohibited conduct in Section 14.
14. Prohibited conduct
You may not use Qtap for illegal purposes; upload content you do not have rights to; reverse-engineer, decompile, or extract source code; use bots, scrapers, or automated scripts beyond our published API; resell or sublicense the Qtap service; interfere with the service or access other merchants' accounts or data; send spam through Qtap's campaign tools; publish false or misleading campaigns; or collect customer data through Qtap and use it in ways that violate Qatar's PDPPL, the GDPR, or other applicable privacy laws. Violations may result in immediate suspension or termination, with or without notice.
15. Service levels and availability
We aim for 99% uptime for the dashboard and the customer app, measured monthly. Scheduled maintenance is announced at least 48 hours in advance and typically happens during low-traffic hours in Qatar; it does not count against uptime. We do not guarantee specific response times for customer app events (taps, scans, push) beyond reasonable commercial efforts. Delays from mobile networks, device operating systems, or upstream services like Apple Push Notification Service are outside our control.
16. Support
Support channels by plan: Starter email within 3 business days; Growth email within 2 business days; Elite priority email within 1 business day; Franchise priority email and WhatsApp within 4 business hours. We do not offer 24/7 phone support. For security or fraud issues, email security@qtap.qa regardless of plan and we respond quickly.
17. Confidentiality
Both parties protect confidential information shared by the other. Confidential information includes anything marked confidential and anything a reasonable person would treat as confidential (pricing for non-standard deals, source code, customer lists, financial data). Not confidential: information already public; information the receiver knew before sharing; information shared without confidentiality obligation by a third party; independently developed information. Either party can disclose if required by law or court order, with notice where possible.
18. Intellectual property
What Qtap owns: all intellectual property in the service, including software, interfaces, designs, documentation, logos, brand names, and improvements based on merchant feedback. What you own: your business data, customer data (subject to the joint controller arrangement in Section 11 and the DPA), and uploaded content. License to you: a personal, non-exclusive, non-transferable, non-sublicensable license to access and use the service during this Agreement, for your business operations only. Your feedback: we can use suggestions or feedback freely, including in improvements; you do not get rights to those improvements.
19. Term and termination
Term: starts when you create your account; continues until terminated. Termination by you: cancel any time per Section 7; takes effect at end of current billing period. Termination by us: we can suspend or terminate if you breach this Agreement and do not fix within 14 days of written notice (or immediately for serious breaches), fail to pay an invoice after the Section 9 process, use the service to put systems or others at risk, or if required by law. We can also stop offering the service with at least 60 days' notice.
On termination: dashboard access ends; customer loyalty cards hide from the customer app; for 30 days you can export customer list and campaign data via support@qtap.qa; after 30 days, data is deleted from active systems (limited backups may remain for security and compliance); prepaid fees are not refunded except where we terminate for reasons on our side; confidentiality, IP, disclaimers, liability, indemnification, and governing law sections survive.
Customer data on termination: customers keep their Qtap accounts (Qtap continues to be their platform); they lose their loyalty card with your business; anonymized transaction history with your business is retained per Section 11 and the DPA.
20. No refunds
Fees already paid are non-refundable, including when you stop using the service before period end, cancel during a period, fail to use included features, or upgrade or downgrade mid-period. Exceptions: we terminate for reasons on our side (refund unused prepaid fees pro-rata); Qatari law specifically requires a refund; we agree to a refund in writing as part of dispute resolution.
21. Disclaimers
The Qtap service is provided "as is" and "as available." We do not make legal promises about specific uptime beyond the 99% target in Section 15; the accuracy of AI insights or predictions (guidance not guarantees); how customers will respond to campaigns; revenue you will earn from using Qtap; or the performance of third-party services we rely on, including Stripe, Apple, Google, and others. To the maximum extent allowed by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
22. Limitation of liability
To the maximum extent allowed by law: our total aggregate liability for all claims arising out of or related to this Agreement is limited to the total amount you paid us in the 12 months before the claim arose; if you paid nothing in those 12 months (e.g., during free trial), liability is capped at USD 100; we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, business, data, goodwill, or customers; these limits apply regardless of legal theory. Some legal systems do not allow certain exclusions; in those places, the limitations apply to the extent permitted.
23. Indemnification
You indemnify us: you defend, indemnify, and hold Qtap harmless from third-party claims (including defense and settlement costs) arising out of your breach of this Agreement; your content (including IP infringement or privacy law violations); your handling of customer data where you are controller or joint controller; your products, services, or campaigns; or your violation of law.
We indemnify you: we defend and indemnify you against third-party claims that the Qtap service, when used as intended, directly infringes a patent, copyright, or trademark. If credible, we may modify the service, obtain a license, or terminate your account and refund prepaid fees for the unused period. We are not liable for claims arising from your content or data, your modifications to the service, or your combination with products we did not supply.
24. Changes to this agreement
For material changes (fees, data rights, core terms), we notify you by email and in the dashboard at least 30 days before the change takes effect, and you may cancel before the change applies with refund of prepaid fees for periods after the effective date. For non-material changes (clarifications, contact details, formatting), we may update without individual notice. The "Last updated" date at the top reflects the most recent update. Continued use after a change means you accept the updated Agreement.
25. Governing law and dispute resolution
This Agreement is governed by the laws of the State of Qatar, without regard to conflict-of-laws rules.
If a dispute arises: (1) talk to us first by emailing legal@qtap.qa with a clear description; we commit to a written response within 14 days. (2) If we cannot resolve, the dispute is submitted to the Qatar Financial Centre Civil and Commercial Court (QFC Court), which has exclusive jurisdiction. (3) If the QFC Court declines jurisdiction, the courts of the State of Qatar in Doha have exclusive jurisdiction. Nothing in this section prevents either party from seeking urgent injunctive relief in any court with jurisdiction.
26. Miscellaneous
Entire agreement. This Agreement, together with the DPA and the Qtap Privacy Policy, is the entire agreement between you and Qtap. Severability. If any part is unenforceable, the rest stays in force. Waiver. If we do not enforce a right, we have not given it up. Assignment. You cannot assign this Agreement without our written consent; we can assign it to a successor or affiliate (such as during a sale or restructuring) without your consent. No agency. No partnership, joint venture, agency, or employment relationship is created. Force majeure. Neither side is liable for failures caused by events outside reasonable control (natural disasters, government acts, cyberattacks, internet outages, extended provider failures). Notices. Formal notices to Qtap go to legal@qtap.qa; we send notices to you at the email on your account. Language. This Agreement is in English; an Arabic translation is available on request; in case of conflict, the English version governs unless required otherwise by law. No third-party beneficiaries. No rights are created for anyone other than you and Qtap.
27. How to reach us
- Support: support@qtap.qa
- Billing: billing@qtap.qa
- Legal: legal@qtap.qa
- Security: security@qtap.qa
- WhatsApp: +974 6677 6974
- Mail: [Qtap Inc. office address in Doha, Qatar]
