Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Eyes Up Hospitality software platform and website (together, the “Services”) provided by Tapville Tech, LLC (“Eyes Up Hospitality,” “we,” “us,” or “our”).

By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

You must be at least 18 years old and able to form a binding contract to use the Services. By using the Services, you represent that you meet these requirements.

The Services are intended for business use. If you use the Services on behalf of a business or other organization, you represent that you are authorized to bind that organization to these Terms, and “you” refers to both you and that organization.

You agree to provide accurate, current, and complete information when creating an account and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

Notify us promptly if you suspect any unauthorized use of your account.

We may offer a free trial of the Services on the following terms:

• Trial length: 30 days.
• Payment method required to start a trial: yes, a valid credit card is required.
• What happens when the trial ends: unless you cancel before the trial ends, your free trial will automatically convert into a paid subscription and the credit card on file will be charged.

Paid subscriptions to the Services are subject to the applicable plan pricing and billing terms. Plan pricing and billing frequency are monthly for our base package and any additional add-ons.

Payments are made by credit card and processed by third-party payment processors under their own terms.

Your plan renews automatically every month. Unless you cancel, your subscription will continue to renew on a monthly basis and the credit card on file will be charged for the base package and any additional add-ons at the start of each renewal term.

To cancel your subscription, you must contact us by submitting the form on our Contact Us page to start the cancellation process. Your cancellation will take effect at the end of your current monthly billing term, and you will continue to have access to the Services until that term ends.

You may cancel your subscription at any time to prevent charges for upcoming months by submitting the form on our Contact Us page. The current month will be billed in full and is non-refundable, and your cancellation will take effect at the end of the current monthly billing term. We do not provide prorated refunds for partial months.

You agree to use the Services only for lawful business purposes and in compliance with these Terms and all applicable laws and regulations. You are responsible for your use of the Services and any activity conducted through your account.

You agree not to:

• Violate any applicable law or regulation
• Infringe the intellectual property or other rights of others
• Upload malicious code or interfere with the operation or security of the Services
• Attempt to gain unauthorized access to the Services or related systems
• Reverse engineer, copy, or resell the Services except as permitted by law
• Use the Services to send unlawful, deceptive, or harassing communications

You retain ownership of the data you submit to the Services (“Customer Data”). You grant us the rights necessary to host, process, and use Customer Data to provide and improve the Services.

You represent that you have all rights, consents, and permissions needed to provide Customer Data to us and to allow us to process it as described in these Terms and our Privacy Policy.

The Services, including all software, content, and materials we provide (excluding Customer Data), are owned by Tapville Tech, LLC or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Services in accordance with these Terms.

If you provide suggestions or feedback about the Services, you grant us a perpetual, royalty-free right to use it without restriction or obligation to you.

The Services may interoperate with third-party services and integrations. Your use of those services is governed by their own terms and privacy practices, and we are not responsible for them.

Each party may have access to the other party’s confidential information. Where applicable, each party agrees to protect the other’s confidential information and to use it only as needed to exercise its rights and perform its obligations under these Terms.

We may modify, suspend, or discontinue any part of the Services at any time. We do not guarantee that the Services will be available at all times or free from interruptions or errors.

We may suspend or terminate your access to the Services if you violate these Terms, if required by law, or to protect the Services or other users. You may stop using the Services at any time, subject to the cancellation and billing terms above.

The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, or completely secure.

To the fullest extent permitted by law, Tapville Tech, LLC and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or data, arising out of or related to your use of the Services.

You agree to indemnify and hold harmless Eyes Up Hospitality, Inc. and its affiliates from claims, damages, and expenses arising out of your use of the Services, your Customer Data, or your violation of these Terms, to the extent permitted by law.

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules, except to the extent that mandatory local law applies.

If a dispute arises relating to these Terms or the Services, the parties agree to first attempt to resolve it informally. Before filing any claim, you agree to contact us by submitting the form on the Contact Us page and describe the dispute, and the parties will negotiate in good faith for at least thirty (30) days to try to reach a resolution.

If the dispute is not resolved within that period, it will be brought exclusively in the state or federal courts located in Illinois, and you and Tapville Tech, LLC consent to the personal jurisdiction of those courts. These Terms do not include an arbitration provision or class-action waiver unless and until such provisions are approved by qualified legal counsel and added here.

Nothing in these Terms limits any rights that cannot be limited or waived under the laws that apply to you. If a provision of these Terms conflicts with a right you cannot waive, that right controls.

We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above. Material changes will be communicated as required by applicable law. Your continued use of the Services after an update means you accept the revised Terms.