Business Terms of Service

Effective October 16, 2026. Questions: support@getclubcards.com

1. Agreement

These Business Terms of Service ("Business Terms") are an agreement between Juan Pablo Vengoechea Jacome, doing business as Clubcards ("Clubcards", "we", "us") and the business that uses Clubcards ("Business", "you"). They apply when you create or accept a Clubcards business account, sign in to the portal or app, or use the service. The person accepting confirms they are authorized to bind the Business. Our Privacy Policy and Cookie Policy also apply.

2. The service

• Clubcards lets you offer branded stamp cards to your customers through a signup page and QR code, record visits and rewards in the web portal or app, publish promotions to customers who opted in, and show your review and booking links on the card.
• Cards depend on Apple Wallet and Google Wallet, which are operated by Apple and Google under their own terms and policies. We do not control them, and features such as lock-screen suggestions and notifications are decided by the customer's phone. We cannot guarantee that every card will be accepted, displayed or updated by those platforms.
• Features offered as a pilot or preview may change or end. We may improve or change the service; we will not remove a core feature you are paying for without reasonable notice.

3. Accounts and staff

• You are responsible for everything done under your business's owner and staff accounts. Give access only to people you authorize, keep passwords private, and disable accounts of people who leave.
• Tell us right away at support@getclubcards.com if you suspect unauthorized access.

4. Your responsibilities

• Rewards. You decide your program's rules and rewards, describe them clearly to customers, and honor the rewards you offer. If you change or end your program, give your customers reasonable notice and handle earned rewards fairly and lawfully.
• Promotions. You are responsible for the content of the promotions you publish and for following consumer protection, advertising and promotion laws. Clubcards delivers promotions only to customers who opted in; do not use customer phone numbers to send texts or calls unless you have obtained the consent the law requires.
• Age-restricted products. Do not offer rewards that customers cannot lawfully receive, such as alcohol, tobacco or cannabis products, without complying with the applicable age and licensing laws.
• Your content. You confirm you own or may use the logos, names, images and text you upload, and that they do not infringe anyone's rights.
• Lawful use. Do not use Clubcards for illegal businesses or activities, to mislead customers, or in ways that violate Apple's or Google's policies. Do not try to access other businesses' data, copy or resell the service, or interfere with it.

5. Customer data

• Information your customers give when they join your card, and their stamp and reward history ("Customer Data"), belongs to you. You are responsible for having a lawful basis to collect and use it and for your own use of it outside Clubcards.
• We process Customer Data only to provide the service to you, on your instructions and as described in our Privacy Policy. We will not sell it, use it to advertise, or share it with other businesses.
• We protect Customer Data with reasonable security measures. If we learn of a security breach affecting your Customer Data, we will notify you without undue delay and help you meet any notice obligations.
• If a customer asks us to see or delete their information, we may handle the request or forward it to you. You agree to handle customer requests that come to you in line with applicable law.
• You can export your customer list from the portal at any time (Reports, Export customers CSV) or ask us for a copy. After your account ends, you have 30 days to request it, and we then delete Customer Data from our system.

6. Fees

• Clubcards is offered for a monthly fee per business, under the plan we agree with you in writing (for example, by email or in your order). There is no fee per customer or per card. If we agree in writing that your use is free or discounted, such as during a pilot, that agreement controls.
• Fees are billed in advance and are not refundable except where required by law or agreed in writing. You are responsible for applicable taxes. We may change fees with at least 30 days' notice before your next billing period.
• If a payment is more than 15 days late, we may suspend the service after notifying you.

7. Ownership

We own the Clubcards service, software and brand. You keep ownership of your content and Customer Data and give us a limited license to use them only to operate the service for you, including showing your branding on your customers' cards. If you send us suggestions, we may use them without obligation to you.

8. Term and termination

• These Business Terms continue while you use Clubcards. Either party may end them with 30 days' written notice, by email.
• We may suspend or end your access immediately if you seriously break these Business Terms, use the service unlawfully, or put customers, other businesses or the service at risk.
• When your account ends, your customers' cards stop updating, your signup page stops accepting new customers, and Customer Data is handled as described in section 5. Sections that by their nature should continue, such as fees owed, ownership, disclaimers, limitation of liability, indemnity and governing law, survive.

9. Disclaimers

The service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee any particular business results, customer visits or revenue, or uninterrupted availability of the service, Apple Wallet or Google Wallet.

10. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or goodwill. Clubcards' total liability for all claims relating to the service is limited to the fees you paid us in the 12 months before the claim, or one hundred U.S. dollars (US$100) if you paid nothing. These limits do not apply to your payment obligations or your indemnity duties.

11. Indemnity

You will defend and indemnify Clubcards against third-party claims, and related losses and reasonable costs, arising from your rewards, promotions, products or services, the content you upload, your use of Customer Data outside Clubcards, or your violation of these Business Terms or the law.

12. Governing law and disputes

These Business Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. The parties will first try to resolve any dispute informally for 30 days after written notice. Any unresolved dispute will be brought only in the state or federal courts located in Florida, and both parties agree to their jurisdiction.

13. General

• These Business Terms, together with any written plan or order, are the entire agreement about the service. If they conflict, the written plan or order controls.
• We may update these Business Terms with at least 30 days' notice by email for material changes. Continuing to use the service after the change means you accept it.
• Notices may be sent by email: to the owner email on your account, and to us at support@getclubcards.com.
• Neither party is responsible for delays caused by events beyond its reasonable control. You may not assign these Business Terms without our consent; we may assign them with a sale or transfer of Clubcards. If any part is unenforceable, the rest stays in effect. Not enforcing a term is not a waiver.