These Terms of Service ("Terms") govern your access to and use of the Passumo website and loyalty-card service (the "Service"). By using the Service you agree to these Terms. If you use the Service on behalf of a business, you confirm that you are authorised to bind that business.
1. Definitions
- Passumo ("we", "us"): the provider of the Service, reachable at hey@passumo.com. Passumo is not currently registered as a separate legal entity.
- Service: the Passumo website, dashboard, and digital loyalty-card features.
- Merchant ("you"): a business that uses the Service to run a loyalty program.
- End Customer: a customer of a Merchant who joins that Merchant's loyalty program.
2. The Service
The Service lets Merchants design loyalty cards, issue them to End Customers via Apple Wallet and Google Wallet, and engage those customers (for example with push notifications). We may improve, change, or discontinue features from time to time.
3. Eligibility and accounts
The Service is for business use. To use it you may go through our done-for-you onboarding, in which we help set up your loyalty program and send you an invite to your dashboard. You are responsible for keeping your account credentials secure and for activity under your account.
4. Acceptable use
You agree not to:
- Use the Service unlawfully or to infringe others' rights.
- Upload content you do not have the rights to use, or that is unlawful, misleading, or harmful.
- Attempt to disrupt, reverse-engineer, or gain unauthorised access to the Service.
- Send messages to End Customers without a lawful basis and any required consent.
5. Merchant responsibilities and data protection
As a Merchant, you are the controller of your End Customers' personal data and Passumo acts as your processor. You are responsible for having a lawful basis for collecting and using that data, for providing your customers with appropriate privacy information, and for honouring their data-protection rights. A data-processing agreement (DPA) governs our processing on your behalf and is available on request at hey@passumo.com.
6. Fees and billing
Setting up your program and receiving your invite are free, and we do not ask for payment details up front. If you choose a paid plan, the fees, billing period, and payment terms are those agreed with you when you take up that plan; unless stated otherwise, fees are exclusive of any applicable taxes. Prices and plans may change with reasonable notice.
7. Intellectual property
We retain all rights in the Service and our software and branding. You retain rights in the content you provide, and you grant us the licence needed to host and display it in order to operate the Service for you.
8. Third-party services
The Service relies on third parties, including Apple Wallet and Google Wallet. Your and your End Customers' use of those wallets is subject to the relevant provider's own terms and privacy policies, which we do not control.
9. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted or error-free.
10. Limitation of liability
To the fullest extent permitted by law, Passumo will not be liable for indirect, incidental, or consequential damages, or for loss of profits or data. Nothing in these Terms limits any liability that cannot be limited under applicable law, including any mandatory consumer protections.
11. Termination
You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms or if required to protect the Service or comply with the law. On termination, provisions that by their nature should survive will continue to apply.
12. Governing law
These Terms are governed by the laws of England and Wales, and disputes are subject to the courts of England and Wales, without prejudice to any mandatory consumer rights you may have in your country of residence.
13. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, where appropriate, notify you. Continued use of the Service after changes take effect means you accept the updated Terms.
14. Contact
Questions about these Terms? Email us at hey@passumo.com.