PraiseBuddy Terms of Service

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service. These Terms apply to all users of the Service, including Business Managers and Customers (each as defined below).

2. Definitions

• "Business Manager" means any individual or entity that registers to use the Service to create and manage loyalty programs for their business establishment.
• "Customer" means any individual who participates in a Business Manager's loyalty program through the Service.
• "QR Code" means the unique, dynamically generated quick response codes used for check-ins and reward redemptions.
• "Beta Period" means the period during which the Service is offered as beta software, subject to the Beta Testing Agreement.

3. User Categories and Registration

3.1 Dual User Structure

The Service operates as a dual-user platform serving both Business Managers and Customers. Additional terms specific to each user type are incorporated by reference and form part of these Terms.

3.2 Business Manager Registration

To register as a Business Manager, you must provide accurate and complete information about your business, including business name, location, contact information, and any other information we request. You represent and warrant that you have the authority to bind the business entity you represent to these Terms.

3.3 Customer Registration

Customers may be required to provide basic information such as name and email address or phone number to participate in loyalty programs. Customers under the age of 18 may not use the Service without parental consent.

4. Service Description

PraiseBuddy provides a digital loyalty platform that enables businesses to create and manage customer loyalty programs using QR code technology. The Service includes features for check-in tracking, reward management, analytics, and customer engagement. During the Beta Period, certain features may be limited or subject to change.

5. Acceptable Use Policy

5.1 Prohibited Activities

You agree not to:

• Attempt to manipulate, duplicate, or fraudulently use QR codes
• Use the Service for any illegal or unauthorized purpose
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use automated systems or software to extract data from the Service
• Impersonate any person or entity or falsely represent your affiliation
• Upload or transmit viruses or any other malicious code
• Violate any applicable laws or regulations

5.2 QR Code Integrity

6. Intellectual Property

6.1 PraiseBuddy Property

The Service and its original content, features, and functionality are owned by CLEVES VENTURES L.L.C. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 User Content

Business Managers retain ownership of their business information and promotional content uploaded to the Service. By using the Service, you grant PraiseBuddy a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content solely for the purpose of operating and improving the Service.

7. Privacy and Data Protection

7.1 Privacy Policies

Your use of the Service is also governed by our Privacy Policy. Business Managers and Customers are subject to separate privacy policies appropriate to their user type, which are incorporated by reference into these Terms.

7.2 Data Processing

Business Managers acknowledge that they act as data controllers for Customer data collected through their loyalty programs and must comply with all applicable data protection laws. PraiseBuddy acts as a data processor with respect to such Customer data.

8. Third-Party Services

The Service integrates with third-party services including:

• Stripe for payment processing (when enabled post-beta)
• Supabase for database and authentication services
• React Native with Expo for mobile application framework

Your use of these integrated services is subject to their respective terms and privacy policies.

9. Beta Software Disclaimer

10. Limitation of Liability

10.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRAISEBUDDY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Damages

IN NO EVENT SHALL PRAISEBUDDY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

10.3 Cap on Liability

PRAISEBUDDY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS PAID BY YOU TO PRAISEBUDDY IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless PraiseBuddy and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, violation of these Terms, or violation of any rights of another party.

12. Term and Termination

12.1 Term

These Terms remain in effect until terminated by you or PraiseBuddy.

12.2 Termination by You

You may terminate your account at any time by contacting us at support@praise-buddy.com.

12.3 Termination by PraiseBuddy

We may terminate or suspend your account immediately, without prior notice, for any reason, including if you breach these Terms.

12.4 Effect of Termination

Upon termination, your right to use the Service will cease immediately. Provisions that by their nature should survive termination shall survive.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by the laws of the State of Connecticut, without regard to its conflict of law provisions.

13.2 Informal Resolution

Before filing a claim, you agree to try to resolve any dispute informally by contacting us at support@praise-buddy.com.

13.3 Binding Arbitration

If we cannot resolve a dispute informally, any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules.

13.4 Class Action Waiver

You agree to resolve disputes only on an individual basis and waive any right to bring or participate in a class action.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with the Privacy Policy, Beta Testing Agreement (if applicable), and any additional terms for specific user types, constitute the entire agreement between you and PraiseBuddy.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights under these Terms without restriction.

14.5 Notices

All notices under these Terms shall be in writing and deemed given when delivered to the email address you provided during registration.

15. Business Manager Addendum

If you are a Business Manager, the following additional terms apply:

15.1 Business Responsibilities

You are responsible for:

• Ensuring your loyalty program complies with all applicable laws
• Obtaining necessary consents from Customers
• Maintaining accurate business information
• Honoring rewards and promotions offered through the Service
• Protecting login credentials and preventing unauthorized access

15.2 Customer Data

You acknowledge that you are the data controller for Customer data collected through your loyalty program and must:

• Process Customer data only for legitimate business purposes
• Implement appropriate security measures
• Respond to Customer data rights requests
• Notify PraiseBuddy of any data breaches immediately

15.3 Fees

During the Beta Period, the Service is provided free of charge. Post-beta pricing will be communicated in advance.

16. Customer Addendum

If you are a Customer, the following additional terms apply:

16.1 Loyalty Program Participation

Your participation in any Business Manager's loyalty program is subject to that business's specific terms and conditions in addition to these Terms.

16.2 Reward Redemption

Rewards and benefits are provided by Business Managers, not PraiseBuddy. We are not responsible for honoring rewards or resolving disputes regarding loyalty program benefits.

16.3 Data Sharing

By participating in a loyalty program, you consent to sharing your check-in data and loyalty progress with the relevant Business Manager.

17. Contact Information

For questions about these Terms, please contact us at: