Terms of Service

1. Agreement to Terms

By accessing or using Punchly ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

Punchly provides a digital loyalty card platform that enables businesses to create and manage digital punch cards, and allows customers to collect stamps and redeem rewards via a web-based wallet.

3. User Accounts

3.1 Business Accounts

• You must be at least 18 years old to create a business account
• You must provide accurate and complete registration information
• You are responsible for maintaining the security of your account credentials
• You are responsible for all activities under your account
• You must notify us immediately of any unauthorized access

3.2 Customer Wallets

• Customers access their wallet via QR code scan without creating an account
• Email address provision is optional and used only for reminders
• Customers may request deletion of their wallet data at any time

4. Subscription and Payment

4.1 Free Trial

We offer a 14-day free trial with full access to paid features. No credit card is required for the trial.

4.2 Paid Subscriptions

• Subscriptions are billed monthly in advance
• Prices are in Euros (€) and exclude applicable taxes
• Payment is processed securely via Stripe
• Subscriptions auto-renew unless cancelled before the renewal date

4.3 Cancellation

• You may cancel your subscription at any time from your account settings
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial billing periods
• You may export your data before cancellation

5. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose
• Attempt to gain unauthorized access to the Service
• Interfere with or disrupt the Service
• Create multiple accounts to circumvent usage limits
• Use the Service to send spam or unsolicited communications
• Misrepresent your identity or affiliation
• Use automated means to access the Service without permission

6. Rewards and Liability

6.1 Business Responsibility

Businesses are solely responsible for:

• Defining and honoring the rewards they offer
• The accuracy of their reward program terms
• Any disputes with customers regarding rewards
• Compliance with local laws regarding loyalty programs

6.2 Punchly's Role

Punchly provides the platform for managing digital punch cards but is not a party to any transaction between businesses and their customers.

7. Intellectual Property

• The Punchly name, logo, and service are protected by intellectual property laws
• You retain ownership of your business content (logos, reward descriptions)
• You grant us a license to display your content within the Service
• You may not copy, modify, or distribute our software or documentation

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Punchly is provided "as is" without warranties of any kind
• We are not liable for indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid us in the past 12 months
• We are not responsible for service interruptions beyond our control

9. Indemnification

You agree to indemnify and hold Punchly harmless from any claims, damages, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Disputes between you and your customers

10. Termination

We may suspend or terminate your access to the Service:

• For violation of these Terms
• For non-payment of subscription fees
• If required by law
• If we discontinue the Service (with reasonable notice)

11. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes via email or prominent notice on the Service. Continued use after changes constitutes acceptance.

12. Governing Law

These Terms are governed by the laws of the European Union and the Netherlands. Any disputes will be resolved in the courts of Amsterdam, Netherlands.

13. Contact

For questions about these Terms:

• Email: [email protected]