Terms of Service

1. Acceptance of Terms

Welcome to Swipe Savvy. By accessing or using our website, mobile applications, point-of-sale (POS) systems, rewards wallet, customer data platform (CDP), merchant loyalty solutions, or any other services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you may not access or use the Services. These Terms constitute a legally binding agreement between you and Swipe Savvy, Inc. ("Swipe Savvy," "we," "us," or "our").

2. Description of Services

Swipe Savvy provides an integrated platform of retail technology solutions, including:

• Omni-Channel POS System: Cloud-based, offline-first point-of-sale software with inventory management, payment processing, and AI-powered features.
• Rewards Wallet: Consumer mobile application for earning, tracking, and redeeming rewards across participating merchants.
• Customer Data Platform (CDP): Enterprise solution for unified customer profiles, segmentation, and data activation.
• Merchant Loyalty: Open-loop loyalty program infrastructure for retailers to reward customers.
• Savvy AI: Artificial intelligence features including marketing automation, business intelligence, order suggestions, and support concierge.

3. Account Registration

3.1 Eligibility

To use certain Services, you must register for an account. You must be at least 18 years old and capable of forming a binding contract. If registering on behalf of a business entity, you represent that you have authority to bind that entity.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Notify us immediately of any unauthorized access or security breach
• Not share your account credentials with third parties

4. Merchant Terms

4.1 Merchant Accounts

Merchants using our POS system, loyalty solutions, or CDP agree to additional terms specific to business operations, including compliance with all applicable laws and regulations.

4.2 Payment Processing

Merchants acknowledge that payment processing is provided through third-party payment processors. Merchants must comply with Payment Card Industry Data Security Standards (PCI-DSS) and all applicable payment network rules.

4.3 Subscription Fees

Merchant subscriptions are billed according to the selected plan (Starter, Professional, Enterprise, or Enterprise Plus). Fees are non-refundable except as required by law or as specified in your service agreement.

5. Consumer/Rewards Member Terms

5.1 Rewards Program

Consumers using the Swipe Savvy Rewards Wallet agree to participate in the rewards program subject to these terms. Points and rewards have no cash value and may expire according to program rules.

5.2 Redemption

Rewards may only be redeemed at participating merchants and are subject to availability. Swipe Savvy reserves the right to modify, suspend, or terminate rewards programs with reasonable notice.

6. Payment Terms

For paid Services, you agree to pay all fees according to the pricing and payment terms presented at the time of purchase. All fees are exclusive of taxes unless otherwise stated. We may change our fees with 30 days' notice.

7. Intellectual Property

7.1 Our Rights

All content, features, and functionality of the Services, including but not limited to software, text, graphics, logos, icons, images, audio clips, and data compilations, are owned by Swipe Savvy or our licensors and are protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose.

8. Data Usage & Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Services, you consent to our data practices as described in the Privacy Policy.

9. Prohibited Uses

You agree not to use the Services to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Engage in fraudulent transactions or money laundering
• Harass, abuse, or harm others
• Collect or harvest user data without consent

10. Disclaimers & Limitations

10.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIPE SAVVY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

11. Termination

We may terminate or suspend your access to the Services immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Services will immediately cease.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Delaware.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after changes constitutes acceptance of the modified Terms.

14. Contact Information

If you have questions about these Terms, please contact us:

• Email: legal@swipesavvy.com
• Phone: 1-800-505-8769
• Mail: Swipe Savvy, Inc., Attn: Legal Department, 123 Commerce Street, Suite 400, Wilmington, DE 19801