Terms of Service
These Terms of Service (the "Terms") are an agreement between you (the business customer, "you" or "Business") and Patrick Cotter dba Delilah Agency ("Delilah," "we," "us"). Delilah Agency is a sole proprietorship of Patrick Cotter, based in Newport Beach, California. FrequentTap is the name of the Platform described below.
By creating an account, claiming a kit, completing checkout, or using the Platform, you agree to these Terms, the Acceptable Use Policy, and the Data Processing Terms, which are part of these Terms. If you sign up for a business, you confirm you are authorized to agree for that business.
1. The service
The "Platform" is Delilah's customer-loyalty software for local businesses, offered under the name FrequentTap. One tap of an NFC device — or one scan of a QR code — at your location lets a customer save a digital loyalty pass, join your program, and (only if they separately opt in on our web form) receive text messages from your program.
The Platform is device-agnostic. It works with:
- Hardware you buy from us (stands, kits, cards, signs);
- Your own NFC tags or printed QR codes pointed at your Platform link ("BYOD"); and
- Printable materials we generate for you, licensed to you while your subscription is active.
Features include customer capture, wallet passes, review requests sent to every captured customer, follow and referral links, a virtual punch card (add-on), owner dashboards, usage-metered text messaging, and automated reminder and win-back messages.
We operate the messaging program as sender of record from a shared toll-free number. Messages are template-controlled, begin with your business's name, and are sent only under the rules in Section 8.
We may improve or change Platform features. We will not remove a feature you are paying for mid-term without notice.
2. Plans and pricing
One plan. $1.99 per month per location, billed one of two ways (your "shape"):
- Annual shape: $23.88 per location, charged once a year in advance.
- Monthly shape: $2.99 per location, charged monthly in advance.
Each physical location is one "location." Adding a location raises the quantity and the charge starting with the next invoice (prorated where the billing system applies proration). All locations under one business are billed on one consolidated monthly invoice for metered charges.
Add-on — Virtual Punch Card: $4.99 per month per location, shown as a separate line on your invoice. You can turn it off in the dashboard; it stops billing at the end of the current period.
One-time items (charged as itemized at checkout):
| Item | Price |
|---|---|
| Kit | $99 |
| Stand | $25 |
| Done-for-you setup | $149 (as itemized at checkout; waived where checkout shows it waived) |
| Extra card | $19 |
| Extra sign | $29 |
Plan, add-on, and hardware prices are in US dollars. Sales tax is collected on hardware where the law requires it; the software plan and text usage are not taxed as goods in California.
When billing starts. Your first charge fires when your first location flips to LIVE in the setup flow — not when you order, claim a kit, or create an account.
3. Metered text messages
Texts are not included in the plan price. They are billed by actual use:
- $0.025 per segment, postpaid, on your consolidated monthly invoice.
- A "segment" is one standard text-message unit. A short message is usually one segment; longer messages, and messages containing emojis or certain special characters, may count as multiple segments.
- Usage is variable and controlled by you — by the automations you enable and the broadcasts you send. Your current-month usage and estimated charges are visible live in the dashboard at all times.
- Small-balance roll-forward: if a month's total invoice is under $5.00, it is not charged that month; the balance rolls forward to the next invoice. On cancellation, a remaining balance under $5.00 is written off — you will not be charged for it.
- Spend cap. Each location has a monthly spend cap on text charges, $25 by default, adjustable by the account owner in the dashboard (staff/manager roles cannot change it). When a location hits its cap, metered sends for that location pause until the next month or until the owner raises the cap. The cap is a billing control you set; Delilah is not liable for usage you authorized below your cap.
4. Auto-renewal disclosure
Your plan renews automatically at the end of each billing period (monthly or annual, per your shape) at the then-current price for your shape, and we will charge the payment method on file, until you cancel. The punch-card add-on renews the same way while it is switched on.
- You give your express affirmative consent to these renewal terms by completing checkout with these terms shown next to the subscribe action.
- After signup you will receive an acknowledgment email restating these terms, your price, and how to cancel. Keep it.
- We will send an annual reminder of your renewal terms, the amount charged, and how to cancel.
- If we change a recurring price, we will notify you at least 7 and no more than 30 days before the new price takes effect.
- We keep a record of your consent to these renewal terms (who, when, and which version) for at least 3 years.
5. Cancellation
You can cancel online, at any time, in the dashboard — no phone call, email, or retention gauntlet required.
- Cancellation takes effect at the end of the current billing period; the Platform keeps working until then. Plan fees for a period already started are not refunded except where the law requires.
- Text usage through your cancellation date is billed on your final invoice, subject to the under-$5 write-off in Section 3.
- Hardware you bought is yours and is not returnable on cancellation (Section 6).
- Your customer data: you may export your customer list (CSV) from the dashboard for 30 days after cancellation. After that window we delete it on the schedule in the Data Processing Terms — except consent and opt-out records, which we must keep (Section 8 and the Data Processing Terms explain why, in plain terms).
- Duplicate or erroneous charges are always refunded.
If a payment fails, we will retry and notify you. If it remains unpaid, we may pause messaging and, after notice, suspend the account. Pausing for non-payment does not erase usage already billed.
6. Hardware
Hardware (stands, kits, cards, signs) is sold, not rented: title passes to you on delivery. Delilah's software and designs remain ours (Section 10).
- Defective replacements are free. If a device arrives defective or stops reading under normal use, tell us at patrick@delilahagency.com and we will replace it free, including shipping. This covers defects — manufacturing faults and read failures under normal counter use.
- Lost, stolen, or damaged devices are replaced at the à-la-carte prices in Section 2 (extra card $19, extra sign $29, stand $25).
- Except for defective or dead-on-arrival items covered above, hardware is not returnable once delivered.
- You are responsible for placing devices lawfully at your location, including getting any property owner's permission.
- "Defective" does not cover damage from misuse, modification, or programming a device to a non-Platform destination.
7. Done-for-you setup
If you buy done-for-you setup ($149), we will: configure your business profile and program settings, set up your first offer and message templates, register your device(s) to your account, and give you placement guidance for the stand. You agree to provide accurate business information and timely approvals. The setup fee is non-refundable once work has begun (this is stated here and at checkout, before you pay). Done-for-you setup covers configuration only — it never includes review management, review removal, or responding to reviews on your behalf.
8. Messaging and reviews — the shared rules
The Platform's messaging and review features work only inside these rules, which protect your business, your customers, and every other business on the shared number:
- Consent is captured on our form, naming your business. A customer opts in by entering their number on the Platform web form and affirmatively checking the consent box. The filed program terms promise: recurring automated marketing texts, up to 4 marketing messages per month per program, message and data rates may apply, consent is not a condition of purchase, reply STOP to end marketing texts, HELP for help. A customer who does not opt in still receives their pass and referral link on screen and is never texted marketing.
- No outside lists. Ever. You will not ask us to message, and you will not use the Platform to message, anyone who did not opt in through the Platform flow. There is no list-import feature; supplying numbers by any side channel is a breach of these Terms.
- Sender of record. Delilah sends as operator of the program on behalf of your business. Messages are template-locked; you control offers and timing within the templates, not free-form text from the shared number.
- We may pause sends. Delilah may pause or refuse any send — including mid-campaign — when reasonably needed for legal, carrier, or program compliance, without liability for lost promotional value.
- You relay opt-outs. If a customer tells your staff, in any way, that they no longer want texts, you will relay that to us or suppress them in the dashboard promptly. A STOP reply suppresses marketing texts for that number across the program, as described in the program terms.
- Consent records. Delilah keeps opt-in and opt-out records (number, time, consent language version, source) for at least 4 years, including after you cancel. These records are never used for marketing.
- Reviews are asked of everyone. The Platform asks every captured customer for a review, without screening by satisfaction and without any offer, stamp, credit, or reward conditioned on leaving a review or on its content or rating. You will not use the Platform — or your staff, signage, or broadcasts — to solicit reviews selectively, incentivize reviews, suppress reviews, or procure fake reviews. Section 2 of the Acceptable Use Policy spells this out; violations can get a Google profile's reviews frozen, and they are grounds for immediate suspension.
- Your warranties. You warrant that information and confirmations you or your staff supply through the Platform (for example, that a paid visit occurred, earning a stamp) are accurate, and that offers you publish are genuine and will be honored as written.
9. Acceptable use
Your use of the Platform is also governed by the Acceptable Use Policy, which is part of these Terms. In brief: no list imports, no messaging outside the opt-in flow, no review gating or incentivized reviews, no misleading offers, no illegal or carrier-prohibited content, no reselling access to the shared number or program. We may suspend service immediately where continued use creates compliance risk for the shared messaging program.
10. Intellectual property
The Platform — software, designs, templates, copy, and our branding — belongs to Delilah (or its licensors). Your business name, logos, offers, and your customer data belong to you. You grant us a license to use your business name, branding, and program content only as needed to operate and support your program (for example, printing your name on your passes and messages). Printable and QR materials we generate are licensed for your use at your locations while your subscription is active; they are not for resale or transfer.
11. Disclaimers
The Platform is provided "as is." We do not warrant any marketing outcome: we do not promise review volume, ratings, ranking, or revenue, and we cannot warrant message deliverability — carriers filter messages and wallet providers control their platforms. Nothing in these Terms limits a warranty that cannot lawfully be limited.
12. Limitation of liability
To the maximum extent permitted by law, neither side is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits. Each side's total liability under these Terms is capped at the greater of $100 or the total fees you paid Delilah in the 3 months before the event giving rise to the claim. This cap does not apply to a party's indemnity obligations for third-party claims caused by that party's own conduct described in Section 13, or to liability that cannot lawfully be limited.
13. Indemnification
- You indemnify Delilah against third-party claims, damages, and reasonable expenses arising from: data or confirmations you supplied that were inaccurate; promises your staff made in your business; offers you published that you did not honor; and your violation of the messaging and review rules in Section 8 or the Acceptable Use Policy.
- Delilah indemnifies you against third-party claims, damages, and reasonable expenses arising from Platform sending mechanics under our control — for example, a message sent after a recorded STOP, outside permitted sending hours, or with a template error we introduced.
- The indemnified party will give prompt notice and reasonable cooperation; the indemnifying party controls the defense.
14. Changes to these Terms
We may update these Terms. For material changes — including price changes, which also follow Section 4 — we will notify you before they take effect, by email or in the dashboard. Continued use after the effective date is acceptance. If you do not agree to a material change, you may cancel before it takes effect under Section 5.
15. Assignment
You may not assign these Terms without our written consent. We may assign these Terms to a successor or affiliated entity — including a limited liability company formed to succeed to Delilah Agency's business — without your consent, on notice to you. This matters in practice: it lets the business change its legal wrapper (for example, sole proprietorship to LLC) without new paperwork from you, and the successor steps into our obligations.
16. Governing law
These Terms are governed by California law. Disputes will be brought in the state or federal courts located in Orange County, California, and both sides consent to personal jurisdiction there.
17. Notices and contact
- Support: patrick@delilahagency.com · 562-357-9590
- Legal notices to Delilah: email to the address above and mail to: Patrick Cotter dba Delilah Agency, [ADDRESS], Newport Beach, CA [ZIP].
- Notices to you: to the email on your account.