Terms and Conditions

By accessing, downloading, installing, or using the Cuppacard Services, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms, you must immediately discontinue use of our Services.

These Terms constitute a legally binding agreement between you and Cuppacard. Your use of the Services is also subject to our Privacy Policy, which is incorporated into these Terms by reference.

In Short: Cuppacard provides digital loyalty scheme software that enables customers to collect points through NFC tag interactions at participating merchants.

Cuppacard offers a digital loyalty platform that allows:

• Customers to collect loyalty points by tapping NFC tags at participating merchants
• Merchants to manage their loyalty schemes through our platform
• Point tracking and reward redemption functionality
• Account management and transaction history

The Services are provided 'as is' and we reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice.

Account Creation: To use certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration.

Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

Age Requirements: You must be at least 13 years old to use our Services. If you are under 18, you represent that you have obtained parental or guardian consent.

Account Accuracy: You agree to keep your account information up to date and accurate. We reserve the right to suspend or terminate accounts with false or misleading information.

License to Use: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use our Services for personal, non-commercial purposes.

Compliance: You agree to comply with all applicable laws, regulations, and these Terms when using our Services.

Proper Use: You agree to use the Services only for their intended purpose and in accordance with merchant-specific terms and conditions.

Technical Requirements: You are responsible for ensuring your device meets the technical requirements for using our Services, including NFC capability where required.

In Short: Cuppacard provides the technology platform only. We are not responsible for how merchants manage their loyalty schemes or any issues arising from merchant operations.

Platform Provider Only: Cuppacard acts solely as a technology platform provider. We do not own, operate, or control individual merchant loyalty schemes.

Merchant Responsibility: Each participating merchant is solely responsible for:

• Managing and maintaining their NFC tags
• Setting and honoring their loyalty scheme terms
• Validating point collection and redemption
• Resolving disputes with customers
• Ensuring proper functioning of their loyalty programme

No Guarantee of Rewards: We do not guarantee the availability, value, or redemption of any rewards offered by merchants. All rewards are subject to merchant terms and availability.

Point Accuracy: While we strive for accuracy, we cannot guarantee that point balances or transactions will always be recorded correctly due to technical limitations or merchant errors.

Independent Relationships: Your relationship with participating merchants is independent of your relationship with Cuppacard. We are not a party to any transactions between you and merchants.

Merchant Terms: You agree to comply with individual merchant terms and conditions, which may vary between merchants and are separate from these Terms.

Merchant Disputes: Any disputes regarding loyalty points, rewards, or merchant services must be resolved directly with the relevant merchant. Cuppacard is not responsible for mediating or resolving such disputes.

Merchant Changes: Merchants may modify their loyalty schemes, terms, or discontinue participation at any time without notice to Cuppacard or users.

You agree not to engage in any of the following prohibited activities:

• Attempting to exploit, hack, or manipulate the Services or loyalty schemes
• Using automated systems, bots, or scripts to collect points
• Tampering with or attempting to damage NFC tags
• Creating multiple accounts to circumvent loyalty scheme limits
• Sharing account credentials or allowing unauthorized use of your account
• Engaging in fraudulent activities to obtain unearned points or rewards
• Reverse engineering or attempting to access our systems unlawfully
• Using the Services for any illegal or unauthorized purpose
• Interfering with or disrupting the Services or servers
• Attempting to gain unauthorized access to other user accounts

Consequences: Violation of these prohibited activities may result in immediate suspension or termination of your account and potential legal action.

IMPORTANT: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUPPACARD SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

No Liability For: Cuppacard shall not be liable for:

• Merchant mismanagement of loyalty schemes or NFC tags
• Fraudulent use of the Services by users or third parties
• Technical malfunctions of NFC tags or merchant equipment
• Disputes between users and merchants
• Loss or corruption of loyalty points or account data
• Unavailability or discontinuation of merchant rewards
• Any direct, indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Actions or omissions of third-party merchants or service providers

Maximum Liability: In no event shall Cuppacard's total liability to you exceed the amount you have paid to us in the twelve (12) months preceding the claim, or £100, whichever is less.

Basis of Bargain: The limitations of liability set forth in this section are fundamental elements of the basis of the bargain between you and Cuppacard.

AS IS BASIS: THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND.

No Warranties: Cuppacard disclaims all warranties, express or implied, including but not limited to:

• Warranties of merchantability and fitness for a particular purpose
• Warranties of non-infringement
• Warranties regarding the accuracy or reliability of the Services
• Warranties that the Services will be uninterrupted or error-free
• Warranties regarding the security of your data or transactions

Third-Party Services: We disclaim any liability for third-party services, including merchant services, payment processors, or other integrated platforms.

Technical Limitations: We do not warrant that the Services will meet your requirements or that technical issues will not occur.

You agree to indemnify, defend, and hold harmless Cuppacard, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your interactions with merchants or other users
• Any fraudulent or unauthorized use of your account
• Your violation of any third-party rights

This indemnification obligation shall survive termination of these Terms and your use of the Services.

Our Rights: Cuppacard and its licensors own all rights, title, and interest in and to the Services, including all intellectual property rights.

Limited License: These Terms grant you only a limited license to use the Services as expressly permitted herein.

Restrictions: You may not copy, modify, distribute, sell, or lease any part of our Services or reverse engineer or attempt to extract the source code of our software.

Trademarks: Cuppacard trademarks and logos are the property of Cuppacard and may not be used without written permission.

Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

Right to Modify: We reserve the right to modify these Terms at any time without prior notice.

Notification: When we make changes, we will update the 'Effective date' at the top of these Terms and may notify you through the Services or by email.

Continued Use: Your continued use of the Services after any modifications constitutes acceptance of the revised Terms.

Review Responsibility: You are responsible for regularly reviewing these Terms to stay informed of any changes.

Termination by You: You may terminate your account at any time by contacting us or using account deletion features in the Services.

Termination by Us: We may suspend or terminate your account immediately, without prior notice, for any reason, including:

• Violation of these Terms
• Fraudulent or suspicious activity
• Inactivity for extended periods
• Technical or security reasons

Effect of Termination: Upon termination, your right to use the Services will cease immediately. Any accumulated loyalty points may be forfeited.

Survival: Provisions that by their nature should survive termination shall survive, including liability limitations, indemnification, and governing law.

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If you have any questions about these Terms and Conditions, please contact us at:

Email: hello@Cuppacard.com

We will respond to your inquiries as soon as reasonably possible.