Update Effective as of: March 10, 2024

1. Overview

Poinz ("Poinz", "we", "our") delivers a suite of services designed to support merchants in deploying and managing customer loyalty programs, available online via the Poinz platform (the "Platform") and our dedicated website (the "Website").

a. Agreement Applicability

This Agreement is applicable to all users of our Services, including "Merchants" who utilize our Services to administer loyalty programs, and "Customers" who engage with these programs. "Users" refers to any individual using our Services, including Merchant representatives and Customers. "You" pertains to the individual or entity entering into this Agreement.

b. Agreement Acceptance

By accessing or using any Services provided by Poinz, you agree to adhere to this Agreement. Should you disagree with any terms, you must refrain from using our Services.

c. Agreement Modifications

We reserve the right to update this Agreement at our discretion, effective immediately upon posting on our Website, which will apply to your continued use of our Services.

2. The Services

a. Subscription Services

Services are acquired as subscriptions per a chosen plan. Subject to this Agreement and payment, you are granted access to the Services for the defined Subscription Term.

b. No Professional Advice

Services provided are for informational purposes only, not professional advice. You assume full responsibility for decisions regarding your loyalty program.

c. Account Access

Users must create an Account with Poinz to use the Platform and Wallet. You are responsible for all activity on your Account and must promptly report unauthorized use.

d. Usage Limits

Services may have usage limits as specified or selected in your plan. It is your duty to adhere to these limits, and we may modify these as necessary.

e. Equipment Requirements

You are responsible for securing the necessary technology to access and utilize our Services.

f. Service Modifications

We may at our discretion change or terminate any aspect of our Services without notice or liability.

3. Fees

a. Service Fees

You agree to pay all fees as outlined in your selected plan. These fees are non-refundable and are due regardless of actual usage.

b. Taxes and Overages

You are responsible for all taxes and additional fees should you exceed usage limits.

c. Payment Terms

Payments are due in advance of the service term unless specified otherwise.

4. Intellectual Property and Usage

a. Content and License

Our Services and content are protected by intellectual property laws. You are granted a limited license to use Services in accordance with this Agreement.

b. Trademarks

Any use of Poinz trademarks must comply with our guidelines, and any goodwill generated from such use accrues to Poinz.

c. Usage Restrictions

You agree not to misuse the Services or content or to infringe on our intellectual property rights.

d. Feedback

Any feedback you provide can be used by us without obligation to you.

5. User Content and Data

a. User Content

You are responsible for any content you submit through our Services, and you grant us rights to use such content.

b. Data Rights

You must secure all necessary consents related to personal data you provide through the use of our Services.

6. Anonymized Data

We may use anonymized data for our business purposes, and you grant us the necessary rights to do so.

7. Compliance with Laws

You are responsible for ensuring your use of our Services complies with all applicable laws, including privacy and anti-spam legislation.

8. Security

We commit to reasonable security measures to protect data but cannot guarantee absolute security.

9. Third-Party Services

We are not liable for third-party services accessed through our platform.

10. Disclaimers

Our Services are provided without warranties, and we disclaim all implied warranties.

11. Indemnification

You agree to indemnify us against any claims arising from your use of our Services.

12. Limitations of Liability

Our liability to you is limited as described in this section.

13. Term and Termination

The agreement outlines the term, termination rights, and consequences of termination.

14. General Provisions

This section covers miscellaneous but important aspects of our legal agreement, including force majeure, assignment, and governing law. For any questions about this Agreement or feedback regarding our Services, please contact us at: [email protected]