TERMS AND CONDITIONS

Last Updated: [December 19, 2024]

These Terms and Conditions (“Terms”) set forth the terms under which coffee shops, cafes, and restaurants (“Shops”) and their customers (“Users”) may participate in and use the Loyalty Cup loyalty program (“Program”). By using or accessing the Program, Shops and Users agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not participate in the Program.

1. Overview
The Program is designed to allow Shops to offer loyalty rewards to their customers via a white-label application (“App”). Users can accumulate stamps or points for qualifying purchases and redeem them for rewards as defined by the participating Shop.

2. Program Description

• Rewards System: Shops provide a loyalty mechanism through which Users earn digital stamps, points, or credits for each qualifying purchase made at the Shop.
• Redemption: Users may redeem accumulated loyalty rewards according to the Shop’s specified conditions, which may include free items, discounts, or other benefits.
• Shop-Specific Terms: Each Shop may set its own rules regarding the number of points required for a reward, the types of rewards offered, and any applicable redemption periods or expiration dates.

3. Shop Responsibilities

• Discounts and Offers: Shops are responsible for honoring all advertised rewards and benefits. Failure to provide promised rewards may result in suspension or termination of the Shop’s participation in the Program.
• Brand Representation: Although the Program operates via a white-label solution, it is branded and presented as part of the Shop’s own service offering. The Shop is solely responsible for how it represents the Program to its customers. Shops acknowledge that they have no ownership, license, or access to the underlying source code of the App.
• Compliance with Laws: Shops agree to comply with all applicable local, state, and federal laws and regulations, including consumer protection and data protection laws, in connection with their use of the Program.

4. Shop Participation and Fees

• Subscription Fee: Shops must pay a recurring subscription fee to access the Program. Details, rates, and billing cycles will be communicated to Shops upon enrollment.
• Additional Fees: Premium features, integrations, customizations, or bespoke services may incur additional charges. These fees will be disclosed prior to activation of such features.
• Notice Period: Shops must provide a three-month written notice prior to terminating their participation in the Program. Any remaining subscription fees or prorated amounts due for the notice period shall be settled according to the agreed-upon terms.

5. User Accounts and Obligations

• Account Creation: Users may need to create an account to access rewards. Users agree to provide accurate and current information and to keep their login credentials confidential.
• Use of Rewards: Rewards earned are non-transferable, have no cash value (unless otherwise stated), and must be redeemed in accordance with the Shop’s terms.
• Prohibited Activities: Users agree not to engage in fraudulent activities, such as attempting to earn rewards without making qualifying purchases or tampering with the App’s systems.

6. Intellectual Property

• Program IP: All intellectual property rights in the Program, including but not limited to the App’s design, features, logos, and underlying technology, are the sole property of Loyalty Cup and its licensors.
• Use of Trademarks: Shops may display Loyalty Cup branding as permitted by Loyalty Cup, solely in connection with the Program. Use of the Program’s intellectual property does not transfer any ownership rights.

7. Data Privacy and Security

• User Data: Loyalty Cup will handle personal information collected through the Program in accordance with its Privacy Policy. Shops must also adhere to all applicable data protection laws.
• Security Measures: While Loyalty Cup implements security measures to protect data, no system is entirely secure. Users and Shops acknowledge that any data transmission may be subject to unauthorized access despite such precautions.

8. Disclaimers and Limitations of Liability

• As Is Basis: The Program is provided “as is” and “as available” without warranties of any kind, whether express or implied. Loyalty Cup disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.
• Limitations of Liability: To the fullest extent permitted by law, Loyalty Cup shall not be liable for any indirect, incidental, consequential, special, or exemplary damages arising from or relating to the use or inability to use the Program.
• Third-Party Shops: Loyalty Cup is not responsible for the actions or omissions of any Shop, including the quality of products, services, or rewards offered.

9. Suspension and Termination

• By Loyalty Cup: Loyalty Cup reserves the right to suspend or terminate a Shop’s or a User’s access to the Program for any breach of these Terms or for any other reason at its sole discretion.
• Effect of Termination: Upon termination, all rights granted under these Terms will immediately cease. Users may lose access to previously earned but unredeemed rewards, subject to the Shop’s policies and applicable laws.

10. Modifications to the Terms
Loyalty Cup may update or revise these Terms at any time. Changes will be posted on the Loyalty Cup website (e.g., at https://www.loyaltycup.com), and continued participation in the Program after changes are posted constitutes acceptance of the new Terms.

11. Governing Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the jurisdiction in which Loyalty Cup operates. Any disputes arising out of or related to these Terms shall be resolved through the courts of that jurisdiction.

12. Entire Agreement
These Terms constitute the entire agreement between the parties regarding the Program and supersede any prior or contemporaneous understandings, agreements, representations, or warranties.

13. Contact Information
For questions or concerns about these Terms, please contact Loyalty Cup at:
[[email protected]]