Terms and Conditions

1. General Provisions

This Terms of Service defines the rules for using the StampStamp website, available at www.stampstampapp.com (hereinafter: "Service").

The owner and administrator of the Service is Halo Sp. z o. o. (HALO LIMITED LIABILITY COMPANY), having its registered office at ul. Warszawska 40/2A, 40-008 Katowice, Poland, NIP: 9542880835, REGON: 54046242600000, registered in the National Court Register under number KRS: 0001145505 (hereinafter: "Provider").

The Terms of Service are made available free of charge through the Service in a form that allows it to be obtained, reproduced, and stored. Every User is required to read the Terms before using the Service.

2. Definitions

For the purposes of these Terms, the following terms mean:

• Service - the StampStamp website, available at www.stampstampapp.com;
• User - a natural person with full legal capacity, a legal person, or an organizational unit without legal personality granted legal capacity by law, using the Service;
• Store - an entity using the Service to offer loyalty programs to its customers;
• Customer - a natural person using loyalty programs offered by Stores through the Service;
• Loyalty Program - a system of benefits and rewards offered by the Store to its Customers;
• Loyalty Card - a digital card stored in an electronic wallet (Apple Wallet, Google Wallet) used to collect points or stamps under the Loyalty Program;
• Account - a set of resources and permissions within the Service assigned to a specific User;
• Agreement - an agreement for the provision of electronic services concluded between the User and the Provider upon commencement of the use of the Service.

3. Terms of Use

Using the Service is voluntary. To use the full functionality of the Service, the following are required:

• A device with Internet access;
• A current version of a web browser;
• An active email account;
• Acceptance of these Terms;
• Creating an Account in the Service (for features that require registration).

The Provider offers the following services through the Service:

• Creating and managing Loyalty Programs;
• Issuing digital Loyalty Cards;
• Handling point and stamp systems;
• Analyzing statistics related to Loyalty Programs;
• Managing Customer relationships.

4. Registration and Account Management

To create an Account in the Service, the registration form must be completed by providing the required data and setting a password. Registration is free.

The User is obliged to:

• Provide true and up-to-date information during registration and update it if changes occur;
• Keep the account password confidential and not share it with third parties;
• Use the Account personally unless authorized others to use it on their behalf;
• Comply with the law and the Terms.

The Provider reserves the right to:

• Block or delete the Account in the event of a breach of the Terms by the User;
• Request additional identity verification from the User in justified cases.

5. Store Creation and Management

The User may create a Store in the Service by providing the required information, such as name, address, logo, and contact details.

A User managing a Store is required to:

• Provide true and up-to-date Store data;
• Have proper authorization to represent the Store;
• Comply with applicable laws, including consumer and data protection regulations;
• Fulfill obligations arising from offered Loyalty Programs.

The Provider is not liable for the Store's actions toward Customers regarding the implementation of Loyalty Programs.

6. Loyalty Programs and Cards

A Store may create and manage Loyalty Programs through the Service, defining their rules, participation conditions, and reward systems.

The Customer can participate in a Loyalty Program by:

• Adding a Loyalty Card to their digital wallet (Apple Wallet, Google Wallet);
• Collecting points or stamps according to the Loyalty Program rules;
• Redeeming rewards after meeting the conditions set by the Store.

The Provider only offers technical tools for handling Loyalty Programs and is not a party to the relationship between the Store and the Customer.

7. Subscription Process

Our services are provided on a subscription basis with recurring monthly or annual payments. No subscription will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section.

To subscribe to our services through our website, the following steps must be taken:

• You must select the subscription plan you wish to purchase and proceed to the payment process;
• You will be transferred to our payment service provider's payment gateway, Stripe, where you will securely enter your credit or debit card details;
• By providing your payment information, you authorize us to charge your card for the initial subscription period and all subsequent renewal periods;
• We will then send you a subscription confirmation and an email to notify you once the service has been activated.

We use Stripe integrated checkout systems, completely secure, PCI compliant and SSL enabled. Your payment information is stored securely by Stripe and will be used for automatic recurring charges.

8. Subscription Fees and Recurring Payments

The Provider offers different subscription plans with monthly or annual billing cycles. Current subscription prices are available on the Service. All subscriptions automatically renew at the end of each billing period.

Recurring Billing Authorization: By subscribing to our services and providing your payment method, you authorize us to charge your payment method on a recurring basis for your subscription fees. The recurring charge will be equal to the subscription fee for the plan you selected, plus any applicable taxes.

Billing Cycle: Your subscription will automatically renew at the end of each billing period (monthly or annually, depending on your selected plan) unless you cancel before the renewal date. You will be charged on the same calendar day each billing period.

Payment Methods: We accept the following payment methods for subscriptions:

• Credit and debit cards (Visa, Mastercard, American Express) via Stripe

Card payment processing is provided by Stripe Payments Europe, Ltd., based in Ireland. Stripe ensures full transaction security in accordance with PCI DSS standards. Your payment card data is securely stored by Stripe for recurring charges and is not stored in our system.

Price Changes: We reserve the right to change subscription prices with 30 days' notice. The new price will apply to your next billing cycle after the notice period.

Failed Payments: If a recurring payment fails, we will attempt to process the payment again. If payment continues to fail, we may suspend or terminate your subscription.

In the event of late payment, the Provider has the right to limit or suspend the provision of services.

If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

• an amount equal to the amount of the charge-back;
• all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
• all our reasonable costs, losses and expenses incurred in recovering the amounts (including without limitation legal fees and debt collection fees).

For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section.

9. Distance Contracts: Cancellation Right

This Section applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

You may withdraw an offer to enter into a contract with us (without giving any reason for your withdrawal or cancellation) at any time before the submission of your offer; and within 14 days after the day on which your subscription begins.

If you cancel a contract on the basis described in this Section, we will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

We will process a refund due to you as a result of a cancellation on the basis described in this Section without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

You will not have any right to cancel a contract insofar as the contract relates to:

• The supply of digital content or services which have begun with your express consent and acknowledgement that you thereby lose your cancellation rights;
• Subscription services after the initial 14-day period has elapsed and services have been used.

10. Subscription Cancellation and Refunds

Cancellation: You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period, and you will continue to have access to the services until that time.

No Prorated Refunds: We do not provide refunds or credits for partial subscription periods. If you cancel your subscription, you will continue to have access to the services through the end of your current billing period.

Free Trial: If we offer a free trial period and you cancel during the trial, you will not be charged. If you do not cancel before the trial ends, your subscription will automatically begin, and you will be charged the applicable subscription fee.

Refund Policy: Except as required by law or as explicitly stated in these terms, all subscription fees are non-refundable. We do not provide refunds for:

• Unused time in your subscription period;
• Services you chose not to use during your subscription;
• Cancellations made after renewal charges have been processed.

Account Closure: Upon cancellation, your account will remain active until the end of your paid period. After this time, your access to paid features will be suspended, though we may retain your data according to our Privacy Policy.

11. Intellectual Property

All intellectual property rights to the Service, including its name, domain, logo, graphic layout, content, features, and software, belong to the Provider or entities with which the Provider has entered into relevant agreements.

The User is not allowed to:

• Copy, modify, distribute, or otherwise use elements of the Service without the Provider’s consent;
• Attempt to gain unauthorized access to the Service or its parts;
• Use the Service for unlawful activities or those harmful to the Provider or other Users.

The User retains all rights to the content and materials published in the Service while granting the Provider a license to use them to the extent necessary to provide services.

12. Personal Data

The Provider is the administrator of Users’ personal data. Detailed information regarding personal data processing is provided in the Privacy Policy.

The User operating a Store is the administrator of their Customers’ personal data and bears full responsibility for processing them in accordance with the law.

13. Warranties & Representations

You warrant and represent to us that:

• You are legally capable of entering into binding contracts;
• You have full authority, power and capacity to agree to these terms and conditions;
• All the information that you provide to us in connection with your order is true, accurate, complete and non-misleading;
• You will be able to take delivery of the services in accordance with these terms and conditions.

We warrant to you that:

• We have the right to provide the services that you purchase;
• The services we provide to you are provided free from any charge or encumbrance, except as specified in these terms and conditions;
• The services you purchase will correspond to any description published on our website;
• The services you purchase will be of satisfactory quality.

All of our warranties and representations relating to the supply of services are set out in these terms and conditions. To the maximum extent permitted by applicable law, all other warranties and representations are expressly excluded.

14. Limitations and Exclusions of Liability

Nothing in these terms and conditions will:

• limit or exclude any liability for death or personal injury resulting from negligence;
• limit or exclude any liability for fraud or fraudulent misrepresentation;
• limit any liabilities in any way that is not permitted under applicable law; or
• exclude any liabilities that may not be excluded under applicable law.

If you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

The Provider makes every effort to ensure the proper functioning of the Service but does not guarantee its uninterrupted availability.

The Provider is not liable for:

• Damages resulting from improper use of the Service by the User;
• Damages caused by actions or omissions of the User that violate the law or the Terms;
• Damages caused by force majeure, technical failures, or third-party interference;
• Content and materials published by Users;
• Execution of Store obligations toward Customers within Loyalty Programs.

The User bears full responsibility for:

• Compliance of their actions with the law and the Terms;
• Content and materials published in the Service;
• Fulfilling obligations from offered Loyalty Programs (in the case of a Store).

15. Complaints

Complaints regarding the functioning of the Service may be submitted:

• By email to: contact@stampstampapp.com;
• In writing to the Provider's registered address.

A complaint should include at least:

• User identification data;
• Description of the issue;
• Expected resolution method.

The Provider will review complaints within 14 days of receipt. If additional information is needed, this period may be extended, and the User will be informed accordingly.

16. Termination of Agreement

The User may terminate the Agreement at any time by:

• Deleting their Account from the Service;
• Submitting a termination notice electronically or in writing.

The Provider may terminate the Agreement with 30 days’ notice in the case of:

• Discontinuation of the services covered by the Agreement;
• Changes to the scope or nature of services provided;
• Other valid reasons.

The Provider may terminate the Agreement with immediate effect if the User violates the Terms or applicable laws.

17. Changes to the Terms

The Provider reserves the right to change the Terms in case of:

• Changes in the law;
• Changes in the scope or nature of services provided;
• Changes in the technical conditions of service provision;
• Other valid reasons.

Users will be informed about changes to the Terms via:

• Publication of the new version of the Terms in the Service;
• Sending information about changes to the email address linked to the Account.

Changes to the Terms come into effect 14 days after their announcement. Continued use of the Service after the changes take effect implies acceptance.

18. Final Provisions

Matters not covered by these Terms shall be governed by Polish law, in particular the Civil Code, the Act on Providing Services by Electronic Means, the GDPR regulation, and the Consumer Rights Act.

Any disputes arising from the use of the Service shall first be resolved amicably, and if that is not possible, by a court competent for the Provider’s registered office.

If any provision of the Terms is found invalid, the remaining provisions remain in effect.

The Terms enter into force on February 6, 2025.

19. Our Details

This website is owned and operated by Halo Sp. z o. o. We are registered in Poland and our registered office is at ul. Warszawska 40/2A, 40-008 Katowice. Our principal place of business is at Halo Sp. z o. o., ul. Warszawska 40/2A, 40-008 Katowice, Poland. You can contact us by writing to the address given above or by email to contact@stampstampapp.com.