1. About these terms
Tapp is a service run by Techara Limited, a company registered in Kenya with offices in Nairobi ("we", "us"). These terms apply to anyone who creates an account, uses the dashboard, the API, our feedback links, or buys, rents or uses our devices ("you"). If you use Tapp for a business or organisation, you confirm you are allowed to accept these terms for it, and "you" means that organisation.
By creating an account, ticking the box at sign-up, or using the service, you accept these terms and our Privacy Policy. A separate signed agreement or order form with us takes priority over these terms where they differ.
2. Your account
- You must give a real name, business name and an email address you control. We ask you to confirm the email before the account can be used.
- Keep passwords private and use two-step sign-in where you can. You are responsible for what people do with the accounts and API keys you create.
- The account owner decides who joins the team and what they can see. Remove people who should no longer have access.
- Tell us straight away at [email protected] if you think someone has got into your account.
- You must be 18 or older to create an account.
3. The service
Tapp lets you ask for feedback (faces, stars or thumbs, quick reasons, comments and follow-up questions) through links, QR codes, website buttons, WhatsApp, tablets and smiley boxes, and shows the results, alerts and suggestions in a dashboard. We improve the service all the time, so features may change. If we remove something important that you pay for, we will tell you at least 30 days before, unless we have to act sooner for legal or security reasons.
Suggestions and insights in the dashboard are generated automatically from your feedback. They are a guide, not professional advice; decisions you make with them are yours.
4. Plans, prices and payment
- Free plan. The Starter plan is free with the limits shown on our pricing page. We may change free limits with 30 days' notice.
- Paid plans. Monthly plans are billed in advance for each month. Event plans are billed per event before it starts. Prices are those shown on the pricing page for your country, or in your quote, and are in the currency shown.
- Tax. Prices include VAT where it applies, unless the quote says otherwise. We issue invoices for every payment.
- Paying. Pay by M-Pesa or the other methods shown on your invoice, by its due date. Quote the invoice number as the reference.
- Late payment. If an invoice is not paid within 7 days of its due date, your account moves to the free plan's limits until it is paid. Nothing is deleted. Feedback links beyond the free limits stop taking answers until you pay.
- Price changes. We give at least 30 days' notice by email before a price change affects you. It applies from your next billing period.
- Trials and pilots. Trial and pilot prices last for the period we state. After it, the normal price applies unless you cancel.
5. Cancelling and refunds
- You can cancel a monthly plan at any time. It stays active until the end of the month you have paid for, then moves to the free plan. We don't charge cancellation fees.
- Payments for months already started are not refunded, except where the law requires or where we ended the service without good reason.
- Event plans can be cancelled for a full refund up to 14 days before the event, and for a 50% refund from 13 to 3 days before. From 2 days before the event, and after delivery of devices, the fee is not refundable.
- If we overcharge you by mistake, we refund the difference within 14 days of finding it.
- Refunds for devices are covered in Replacements and returns.
6. Using the service properly
You agree not to:
- Collect feedback or contact people in a way that breaks the law, including data protection, consumer, anti-spam and employment law.
- Ask for or store sensitive data through feedback (for example ID numbers, payment details or health details in comments) unless you have a lawful reason and tell people.
- Post fake answers, pay or pressure people for good ratings, or present the results as something they are not.
- Upload anything unlawful, harmful, abusive or that you don't have the right to use (logos, photos, product images).
- Try to break, overload, scan or get around the security or limits of the service, or use it to build a competing product.
- Resell or give access to the service to others unless we have agreed this in writing.
Staff feedback workspaces are anonymous. You must not try to identify individual staff from their answers.
7. WhatsApp and messaging
- WhatsApp messages are sent from your WhatsApp Business number, connected through Meta. You must accept and follow Meta's WhatsApp Business terms and policies. Meta may charge for conversations; those charges are between you and Meta unless your plan says otherwise.
- You may only message people who agreed to hear from your business, and you must record how they agreed. People can reply STOP at any time and will get no more requests.
- To protect your number from being reported as spam, Tapp sends requests at a steady pace, asks each customer at most once every 7 days, and pauses a send if too many people opt out or Meta lowers your number's quality. Don't try to get around these protections.
- We are not responsible if Meta limits, flags or blocks your number, or rejects a message template, but we will help you fix it.
8. API and integrations
- API access is part of paid plans. Keep API keys secret and on your servers; revoke a key if it may have leaked.
- Respect the rate limits and the API documentation. We may limit or block a key that harms the service.
- When you send us data through the API, you confirm you are allowed to, including any customer details and consent for WhatsApp messages.
- We aim to keep version 1 of the API stable. If we must change or remove something, we give at least 60 days' notice except for security fixes.
9. Your data
- You own your data: your feedback, contacts, settings and reports. We use it only to run, secure and improve the service for you, as explained in the Privacy Policy. We never sell it.
- Roles under data protection law. For the people who give you feedback and your contacts, you are the data controller and we are your data processor: we act on your instructions. For your own account details, we are the controller.
- Your duties. You are responsible for having a lawful reason to collect feedback and contact people, for telling them about it (for example on posters or in your privacy notice), and for handling their requests. We help you do this, for example by deleting a person's data when you ask.
- Security. We protect data with encryption in transit, access controls, two-step sign-in for staff, activity logs and daily backups. We will tell you without undue delay, and within 72 hours, if we find a breach affecting your data.
- Anonymous statistics. We may use combined, anonymous figures that can't identify you or anyone else (for example the average happiness score in retail) to improve the service and to publish industry insights.
- Export and deletion. You can download your results at any time. When your account closes, you have 30 days to export; after that we delete your data within 90 days, except what we must keep by law (such as invoices). Copies in backups are removed as backups expire.
10. Smiley boxes and devices
Sections 10 to 14 apply to physical devices: smiley boxes, totems, tablet stands and accessories ("devices"), whether you buy them, get them with a plan, or rent them for an event.
- Ordering. Orders are confirmed by a quote or invoice from us. Prices for devices include the device, its first connection to your account and the warranty below, unless the quote says otherwise.
- Ownership. Devices you buy become yours once paid in full. Until then, and always for devices on loan or rented, they remain ours.
- Connection. Devices need a working internet connection (Wi-Fi or mobile data, depending on the model) and power or charged batteries. Mobile data costs are yours unless your plan includes them. Devices only send feedback while your account is active.
- Software. Device software belongs to us and is licensed to you for use with Tapp. We update it automatically over the internet to fix problems and add features. Don't open, modify or reprogram a device; doing so ends its warranty.
- Care. Use devices indoors or in sheltered places, away from rain, direct sun for long periods, and heat above 45°C, unless the model is sold as weatherproof. Clean with a dry or slightly damp cloth only.
11. Delivery and installation
- Where we deliver. We deliver across Kenya. For other countries we quote delivery, duties and taxes separately before you order; you are the importer unless we agree otherwise.
- How long it takes. Once paid, devices in stock are dispatched within 2 business days. Delivery usually takes 1 to 2 business days within Nairobi and 2 to 5 business days elsewhere in Kenya. These are estimates; we tell you if there is a delay. Large orders and custom branding may take longer, as stated in your quote.
- Cost. Delivery within Nairobi is free. Elsewhere we charge the courier cost shown on your quote.
- Installation. Within Nairobi we can set up devices in person on request, at the price in your quote; elsewhere we help you over the phone or WhatsApp. Devices arrive registered to your account, or you add them with the 6-digit code on the label.
- Receiving. Someone must be available to receive and sign for the delivery. Check the parcel when it arrives and tell us within 2 business days if anything is missing or damaged, with photos. Responsibility for loss or damage passes to you when the devices are delivered to the address you gave.
- Failed delivery. If delivery fails because no one was available or the address was wrong, we may charge for a second attempt.
12. Warranty
- Length. Devices you buy have a 12-month warranty from the date of delivery against faults in materials and workmanship. Rechargeable batteries are covered for 6 months, after which a gradual loss of capacity is normal wear.
- What it covers. A device that stops working, buttons or screens that fail, or a device that can't connect when the network is fine, under normal use and following our care instructions.
- What it doesn't cover. Damage from drops, impact, liquid, fire, power surges or wrong chargers; theft or loss; vandalism; normal wear such as scratches; devices that were opened, modified or repaired by anyone other than us; problems caused by your internet connection or network settings; and consumables such as stickers and labels.
- What we do. If a covered fault is confirmed, we repair or replace the device (with a new or as-new device of the same or a better model) at no cost, including courier costs within Kenya. A replacement keeps the remaining warranty of the original, or 90 days, whichever is longer.
- How to claim. Email [email protected] or message us on WhatsApp with the device's serial number (on its label, e.g. TP-26-00001), a description of the problem and, if possible, a photo or short video. We first try to fix it remotely; if that doesn't work, we arrange collection or ask you to send it in.
- This warranty is in addition to your rights under Kenya's Consumer Protection Act and other laws, which it does not limit.
13. Replacements and returns
- Faulty on arrival. If a device doesn't work when it arrives, or develops a fault in the first 14 days, tell us within that time and we replace it with a new one, usually dispatched within 2 business days of confirming the fault. In Nairobi we can often swap it in person.
- Wrong or damaged in delivery. If you received the wrong item, or it was damaged in transit and you told us within 2 business days, we replace it at our cost.
- Change of mind. Unused devices in their original packaging can be returned within 7 days of delivery for a refund of the device price, less delivery costs and a 10% restocking fee. Custom-branded devices can't be returned for change of mind.
- Keeping feedback going. Where we can, we send the replacement before you send back the faulty device, so your feedback point isn't left empty. The faulty device must then be returned within 14 days, or we may charge for it.
- Out of warranty. We can repair or replace devices after the warranty, or when the damage isn't covered, at the price we quote before doing any work.
- Refunds. Approved refunds are paid within 14 days to the M-Pesa number or bank account the payment came from.
- Your account, settings and past feedback are not affected by replacing a device; the new device takes over the old one's feedback spot.
14. Devices on loan or rented
- With a plan. Devices we provide as part of a plan stay ours. We repair or replace faults at no cost while the plan is active. When the plan ends, return them within 14 days, in good condition apart from normal wear, or we charge the replacement price in your quote.
- For events. We deliver and set up rented devices before the event and collect them after it, at the times agreed. You are responsible for them from delivery until collection. Missing devices are charged at the replacement price in your quote; damage beyond normal wear is charged at the repair cost.
- Don't move rented devices to another site or lend them to anyone else without telling us.
15. Availability and support
- We aim to keep Tapp available all the time and plan maintenance for quiet hours. We can't promise it will never be interrupted; feedback from smiley boxes is stored on the device and sent once the connection is back.
- Support is by email and WhatsApp, Monday to Friday 8:00 to 18:00 and Saturday 9:00 to 13:00 East Africa Time, excluding public holidays. We aim to reply within one business day, and faster for urgent problems on paid plans.
16. Ownership
Tapp, our software, designs, faces, posters and documentation belong to Techara Limited or our licensors. We give you a right to use them with the service while your account is active; we don't transfer ownership. You keep ownership of your content and give us permission to use it to provide the service. If you send us ideas or suggestions, we may use them freely.
17. Liability
- We provide the service with reasonable skill and care. Apart from that and the warranty above, and as far as the law allows, we don't make other promises, for example that the service will meet every need or be free of errors.
- Neither of us is liable to the other for indirect losses, such as lost profits, revenue, goodwill or data that could have been backed up, or for events beyond reasonable control (power and network outages, natural events, strikes, government action, failures of Meta or other platforms).
- Our total liability to you in any 12 months is limited to the amount you paid us in those 12 months, or KES 50,000 if that is higher.
- Nothing in these terms limits liability that can't be limited by law, such as for death or personal injury caused by negligence, or for fraud.
- You agree to cover our reasonable costs if someone makes a claim against us because of your content, your use of WhatsApp or the API in breach of these terms, or your breach of data protection law.
18. Suspending or ending accounts
- You can close your account at any time by emailing us from the account owner's email address.
- We may pause or close an account, with notice where we reasonably can, if fees are unpaid for more than 30 days after the due date, if these terms are seriously broken, if the account puts others or the service at risk, or if the law requires it.
- When an account closes, feedback links and devices stop taking answers. Sections on data export, liability, ownership and law continue to apply.
19. Changes to these terms
We may update these terms as the service and the law change. We'll show the date of the latest version at the top and, for important changes, email account owners at least 30 days before they apply. If you don't agree, you can close your account before then; continuing to use the service means you accept the new terms.
20. Law and disputes
These terms are governed by the laws of Kenya. If there is a disagreement, contact us first and we'll try in good faith to resolve it within 30 days. If we can't, either of us can refer it to a single arbitrator in Nairobi under the Arbitration Act, 1995, appointed by agreement or, failing that, by the Chairperson of the Chartered Institute of Arbitrators (Kenya Branch). The arbitration is in English. Either of us may still go to court for urgent relief, and consumers keep any right to go to the courts of Kenya.
21. Contact us
Techara Limited, Nairobi, Kenya · [email protected]