Terms of Service.

01 Parties & acceptance

These Terms of Service ("Terms") form a legally binding agreement between Speraverim (Hopi Digital), operating the Tapsence service ("Tapsence", "we", "us", "our"), reachable at [email protected], and the individual or legal entity that creates a workspace ("Customer", "you", "your") on tapsence.com (the "Service").

You accept these Terms by (a) creating a workspace, (b) clicking "I agree" during signup, or (c) using any part of the Service. If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation, and the term "Customer" then refers to that organisation.

If you do not agree with any part of these Terms, do not access or use the Service.

02 Definitions

• Workspace, the isolated Tapsence tenant provisioned at signup, identified by a unique workspace code.
• User, any natural person authorised by you to access the Workspace (owner, portal admin).
• End User, an employee or visitor whose data is processed inside your Workspace.
• Customer Data, all data, content, files, photos, embeddings, and records you or your Users upload to or generate in the Service.
• Plan, a subscription tier (Free, Studio, Enterprise) with the features and limits listed in §6 and on our pricing page.
• Documentation, the user guides, API references, and policy pages published on tapsence.com.
• Effective Date, the date shown at the top of this document, or the date you first accept these Terms, whichever is later.

03 Account & eligibility

You may use the Service only if:

• You are at least 18 years old, or the age of majority in your jurisdiction, whichever is greater.
• You are not barred from receiving the Service under the laws applicable to you.
• You provide accurate, current, and complete account information and keep it up to date.

You are responsible for safeguarding your password and for any activity under your account. Notify us immediately at [email protected] of any actual or suspected unauthorised access. We are not liable for losses caused by your failure to do so.

04 Workspace & users

You may invite or manage three categories of records inside your Workspace:

• Employees, profile data, job title, work email, QR identifier, optional face embedding, attendance records.
• Visitors, name, contact, host references, optional photographs captured at registration.
• Portal admins, additional Users you grant access to manage the Workspace.

You acknowledge and agree that you are the data controller (or equivalent under your local privacy law) for all End User data, and that you have a lawful basis (notice, consent, employment relationship, or other) for processing it through Tapsence. Tapsence processes End User data on your behalf as a processor. See our Privacy Policy for processor obligations and security measures.

05 Acceptable use

You will not, and will not allow any User or third party to:

• Use the Service in violation of any law, regulation, or third-party right.
• Use Tapsence to track, surveil, or profile any individual without their lawful awareness and a valid legal basis.
• Upload content that is illegal, defamatory, infringing, fraudulent, obscene, or harmful.
• Upload or transmit malware, viruses, worms, ransomware, or any code designed to disrupt or compromise systems.
• Probe, scan, or attempt to penetrate the security of the Service; attempt to access another customer's Workspace; reverse engineer or decompile any part of the Service except where expressly permitted by mandatory law.
• Use the Service to send unsolicited bulk messages or violate anti-spam laws.
• Resell, rent, sublicense, or otherwise transfer access to the Service without our prior written consent.
• Use automated means (scripts, scrapers, bots) to overload, abuse, or exceed the published rate limits of the API.

We may suspend or restrict access to a Workspace that violates this section. Where reasonably possible we will give prior notice; for critical security events we may act first and notify after.

06 Plans, fees & billing

Tapsence offers tiered Plans summarised below. The pricing in effect on the date you place an order is the binding price; changes apply only to renewals and require at least 30 days' prior notice.

Payment terms

• Currency: USD unless otherwise agreed in writing. You are responsible for any currency conversion fees imposed by your bank or card issuer.
• Processor: payments are processed by PayPal and Paddle for customers outside Indonesia, and by Midtrans (local methods such as bank transfer, e-wallet, and QRIS) for customers in Indonesia; we never see your full card or banking details.
• Invoicing: a tax invoice and payment receipt are issued automatically on successful payment and emailed to your account email.
• Taxes: fees are exclusive of any applicable VAT, sales tax, withholding tax, or duties, which are your responsibility unless we are required by law to collect them.
• Auto-renewal: paid Plans renew automatically at the end of each billing cycle at the then-current Plan price; we will charge the payment method on file. You may cancel renewal at any time before the next billing date.
• Late payment: if a payment fails or remains outstanding for more than 14 days, we may downgrade your Workspace to the Free tier; if outstanding for more than 30 days, we may suspend or terminate access.
• Refunds: you may request a full refund within 14 days of any payment, with no exceptions or conditions. Contact us within this period and we will refund the amount charged to your original payment method. After the 14-day window, cancellation prevents the next renewal but does not entitle you to a pro-rated refund of the current term.

07 Renewal & cancellation

New Workspaces start on the Free tier immediately upon registration, with a limited feature set and no payment method required. There is no time-limited trial. You may upgrade to a paid Plan at any time to unlock additional features and higher limits.

You may upgrade, downgrade, or cancel a paid Plan at any time from the in-app billing controls. Cancellation takes effect at the end of the then-current billing period. Downgrades that reduce employee or site limits below your actual usage may require you to archive or remove records before the change is applied.

08 Customer Data & licence

You retain all rights, title, and interest in Customer Data. Nothing in these Terms transfers ownership of Customer Data to us.

You grant us a worldwide, non-exclusive, royalty-free, time-limited licence to host, copy, transmit, display, and otherwise process Customer Data solely to provide, secure, support, and improve the Service for you. This licence ends when you delete the Customer Data or when your account is closed, subject to the retention exceptions in §13 and the Privacy Policy.

You may export Customer Data at any time: CSV exports are available to Studio and Enterprise Customers; API access is available on all paid tiers.

We do not sell Customer Data, do not use it for advertising, and do not train machine-learning models on it.

09 Confidentiality

"Confidential Information" means any non-public information disclosed by one party to the other that is identified as confidential or that a reasonable person would understand to be confidential under the circumstances, including Customer Data, pricing, security practices, and roadmap.

Each party will (a) use Confidential Information solely to perform under these Terms, (b) protect it with the same degree of care it uses for its own confidential information and no less than reasonable care, and (c) not disclose it to third parties except to its employees, contractors, and processors who have a need to know and are bound by confidentiality obligations no less protective than this section.

Confidential Information does not include information that is or becomes public through no breach by the receiving party, was already known to the receiving party without restriction, or was independently developed by the receiving party.

10 Intellectual property

The Service, the Tapsence name and logo, the user interface, all software, documentation, and related materials are owned by us or our licensors and are protected by intellectual-property laws. We grant you a non-exclusive, non-transferable, revocable licence to use the Service for the duration of your subscription, solely in accordance with these Terms.

You may submit feedback, suggestions, or ideas about the Service. We may use such feedback without restriction and without compensation to you; you waive any rights you may have in such feedback to the extent permitted by law.

11 Service availability

We use commercially reasonable efforts to make the Service available 24×7 and target a monthly uptime of 99.5%, excluding (a) scheduled maintenance announced at least 48 hours in advance, (b) emergency maintenance, and (c) outages caused by factors outside our reasonable control (see §17 Force Majeure).

If you are subject to a custom Service Level Agreement under an Enterprise contract, that SLA prevails over this section for the Plans it covers.

12 Security & breach

We maintain technical and organisational measures designed to protect Customer Data, including encryption in transit (TLS 1.2+), encryption at rest for backups, per-tenant isolation, least-privilege admin access, audit logging, and routine vulnerability management.

If we become aware of a confirmed breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Customer Data ("Personal Data Breach"), we will:

• Notify you without undue delay and, where feasible, within 72 hours of becoming aware.
• Provide the information required for you to comply with your own breach-notification obligations under applicable law (e.g. GDPR Art. 33, UU PDP).
• Cooperate in good faith to investigate, contain, and remediate the incident.

13 Suspension & termination

By you

You may cancel renewal at any time from the in-app billing controls. You may request full closure of the Workspace by emailing [email protected]; we will action the request within 7 business days.

By us

We may suspend or terminate your access to the Service with or without notice if:

• You materially breach these Terms and (where the breach is curable) fail to cure within 14 days of written notice.
• Your account is more than 30 days delinquent on payment.
• We reasonably believe your continued use poses a security, legal, or reputational risk to us, other customers, or End Users.
• Required by law, court order, or competent authority.

Post-termination

On termination: (a) your right to use the Service ceases immediately; (b) you may export Customer Data for 30 days following termination; (c) we will delete Customer Data within 90 days of termination, except records we are legally required to retain (e.g. tax invoices retained for the statutory period under Indonesian law, currently 10 years); (d) Sections 8, 9, 10, 14, 15, 16, 18, 19, and 20 survive termination.

14 Warranties & disclaimer

Each party represents that it has the legal power and authority to enter into these Terms.

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

15 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Our aggregate liability arising out of or related to these Terms or the Service is limited to the fees you actually paid us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim. For Customers on the Free Plan, our aggregate liability is limited to US$100.
• Neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunity, even if advised of the possibility.
• Nothing in these Terms limits or excludes liability for (a) fraud or fraudulent misrepresentation, (b) gross negligence or wilful misconduct, (c) death or personal injury caused by negligence, or (d) any other liability that cannot be limited or excluded under applicable law.

16 Indemnification

You agree to defend, indemnify, and hold us harmless from and against any third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to (a) your or your Users' breach of these Terms, (b) your Customer Data or its processing, (c) your violation of any applicable law or third-party right, or (d) misuse of the Service by you or anyone using your credentials.

We will give you prompt notice of any claim and reasonable cooperation in the defence at your expense, and you will not settle a claim that imposes any obligation or admission on us without our prior written consent.

17 Force majeure

Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, internet or telecommunications disruption, third-party hosting failures, or denial-of-service attacks. The affected party will use reasonable efforts to mitigate the impact and resume performance.

18 Governing law & disputes

These Terms are governed by the laws of the Republic of Indonesia, without regard to conflict-of-laws principles.

Any dispute, controversy, or claim arising out of or relating to these Terms, including its breach, termination, or validity, will first be addressed through good-faith negotiation between the parties for a period of at least 30 days. If unresolved, the dispute will be submitted to the exclusive jurisdiction of the competent courts of Manado, North Sulawesi, Indonesia, unless the parties agree in writing to refer the dispute to arbitration under the rules of the Indonesian National Board of Arbitration (BANI).

Nothing in this section limits either party's right to seek interim or injunctive relief in any court of competent jurisdiction to protect its intellectual-property or confidential information.

19 General provisions

• Entire agreement. These Terms, together with the Privacy Policy and any order forms or written addenda, constitute the entire agreement between the parties and supersede all prior or contemporaneous oral or written agreements.
• Amendments. We may modify these Terms by posting an updated version with a new Effective Date. Material changes will be notified at least 14 days in advance via the in-app dashboard or email to the account address. Continued use after the effective date of changes constitutes acceptance.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be replaced by an enforceable provision that most closely reflects the original intent.
• No waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets, on notice to you.
• Notices. Notices to us must be sent to [email protected]. Notices to you may be delivered to the email address on your account or through the in-app dashboard, and are deemed received upon transmission.
• Independent contractors. The parties are independent contractors; nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.
• Third-party beneficiaries. There are no third-party beneficiaries under these Terms.
• Headings. Section headings are for convenience only and have no legal effect.

20 Contact

Questions, notices, or legal correspondence:

• Speraverim (Hopi Digital), [email protected]
• Operating address: Manado, North Sulawesi, Indonesia