PerQ Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of PerQ ("Service") provided by Retail Geek Ltd ("we," "us," or "our"). By subscribing to PerQ, you agree to be bound by these Terms.

Retail Geek Ltd
Company Number: 16740532
Registered in England & Wales

2. Service Description

PerQ provides digital loyalty card solutions for independent retailers. Our Service includes:

• Digital loyalty cards for Apple Wallet and Google Wallet
• Web-based dashboard for managing your loyalty program
• Scanner app (iOS and Android) for adding stamps and claiming rewards
• Branded QR code for customer sign-ups
• Automatic wallet pass updates
• Customer support for technical issues

3. Acceptance of Terms

By creating an account and subscribing to PerQ, you confirm that:

• You are authorized to enter into this agreement on behalf of your business
• You have read, understood, and agree to these Terms
• You are at least 18 years old
• All information you provide is accurate and complete

4. Subscription and Pricing

4.1 Pricing Structure

PerQ operates on a usage-based pricing model:

• Base Fee: £12 per month
• Usage Fee: £0.01 per unique active customer per month

An "active customer" is defined as any customer who scans their loyalty card at least once during the billing month.

4.2 Free Trial

New subscribers receive a 30-day free trial. During the trial period:

• You have full access to all PerQ features
• No base fee or usage fees are charged
• You may cancel at any time before the trial ends without charge
• After 30 days, billing begins automatically unless you cancel

4.3 Billing

• Billing occurs monthly on the same day each month
• The base fee is charged regardless of usage
• Usage fees are calculated based on the previous month's active customers
• All fees are charged in GBP
• Invoices are available through your dashboard

4.4 Price Changes

We reserve the right to change our pricing with 30 days' notice. Price changes will not affect your current billing cycle. If you do not accept the new pricing, you may cancel your subscription before the next billing date.

5. Payment Terms

• All payments are processed securely through Stripe
• You are responsible for providing valid payment details and keeping them up to date
• Failed payments may result in suspension of your Service until payment is received
• We will attempt to charge your payment method up to 3 times over 14 days
• If payment fails after 14 days, your account may be suspended

6. Cancellation and Refunds

6.1 Cancellation Policy

You may cancel your subscription at any time through the Stripe Customer Portal accessible from your dashboard. There are no cancellation fees or penalties.

Upon cancellation:

• Your Service will continue until the end of your current billing period
• No further charges will be made
• Your dashboard access will remain active until the end of the paid period
• Customer wallet passes will stop updating at the end of your subscription

6.2 Refund Policy

• Free trial cancellations: No charge if cancelled before the trial period ends
• Paid subscriptions: No refunds for partial months
• Service continues until the end of the paid period
• Usage fees are final and non-refundable

6.3 Service Termination by Us

We reserve the right to suspend or terminate your Service if:

• You breach these Terms
• Your payment fails and is not resolved within 14 days
• You use the Service for illegal or harmful purposes
• Your content violates third-party rights or applicable laws
• You engage in fraudulent or abusive behavior

7. Your Responsibilities

7.1 Content and Branding

You are solely responsible for:

• All content you upload (business name, logo, reward descriptions, colors)
• Ensuring your content does not infringe on third-party intellectual property rights
• The accuracy of information you provide to customers
• Honoring loyalty rewards as advertised to your customers

7.2 Customer Data and Privacy

You must:

• Comply with all applicable data protection laws (UK GDPR)
• Have a lawful basis for processing customer data
• Display appropriate privacy notices to your customers
• Handle customer requests regarding their data (access, deletion, etc.)

7.3 Scanner App Usage

When using the PerQ Scanner app, you must:

• Only scan QR codes from legitimate customers
• Not manipulate or artificially inflate customer stamp counts
• Protect your scanner app login credentials
• Only allow authorized staff to use the scanner app

7.4 Account Security

You must:

• Keep your login credentials secure and confidential
• Notify us immediately if you suspect unauthorized access
• Accept responsibility for all activities under your account
• Not share your account with unauthorized parties

7.5 Acceptable Use

You must not:

• Use the Service for any illegal purpose
• Upload content that is offensive, defamatory, or violates others' rights
• Attempt to interfere with, damage, or disrupt the Service
• Reverse engineer, decompile, or attempt to extract source code
• Create fake customer accounts or manipulate usage data
• Use the Service to compete with Retail Geek

8. Intellectual Property

8.1 Our IP Rights

All intellectual property rights in PerQ, the dashboard, scanner app, and technology belong to Retail Geek Ltd. You receive a limited license to use the Service in accordance with these Terms.

8.2 Your IP Rights

You retain all intellectual property rights in your business name, logo, and branding. By using PerQ, you grant us a license to use your content solely for providing the Service to you.

8.3 Customer Wallet Passes

The wallet passes created for your customers are branded with your business name and logo. We do not display Retail Geek branding on customer-facing wallet passes.

9. Apple Wallet and Google Wallet

9.1 Third-Party Platforms

PerQ creates loyalty cards for Apple Wallet and Google Wallet. These are third-party platforms subject to their own terms and policies. We are not responsible for:

• Changes to Apple or Google wallet functionality
• Customers' inability to add passes due to device or platform issues
• Platform-specific restrictions or requirements

9.2 Pass Updates

Customer wallet passes automatically update when:

• Stamps are added via the scanner app
• Rewards are claimed
• You update your branding (logo, colors)

Updates may take a few minutes to appear on customer devices depending on their internet connection and platform refresh cycles.

10. Service Availability and Support

10.1 Service Uptime

We strive to maintain high service availability but cannot guarantee uninterrupted access. We are not liable for temporary unavailability due to:

• Scheduled maintenance (we will notify you when possible)
• System updates and improvements
• Circumstances beyond our control (internet outages, third-party services)

10.2 Support

We provide email support during UK business hours (Monday-Friday, 9am-5pm GMT) for:

• Technical issues with the dashboard or scanner app
• Setup and onboarding assistance
• Billing questions
• General PerQ inquiries

Support email: support@retailgeek.co.uk

11. Data Protection and Privacy

We process personal data in accordance with our Privacy Policy and UK GDPR.

11.1 Data We Collect

We collect and store:

• Your business and contact information
• Payment information (processed by Stripe)
• Customer loyalty data (stamps, rewards, scan timestamps)
• Usage analytics

11.2 Your Responsibilities

You are the data controller for your customers' data. You must:

• Inform customers how their data will be used
• Have a lawful basis for processing their data
• Honor customer data rights (access, deletion, portability)

11.3 Data Retention

Upon subscription termination:

• We retain your data for 90 days to allow for reactivation
• After 90 days, all data is permanently deleted
• You may request a data export before cancellation

12. Limitation of Liability

To the fullest extent permitted by law:

• We are not liable for any indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid in the 12 months preceding the claim
• We are not responsible for losses resulting from your content, customer disputes, or third-party services
• We do not guarantee specific business results or customer acquisition
• We are not liable for customer device or platform issues affecting wallet passes

Nothing in these Terms excludes our liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.

13. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your breach of these Terms
• Your violation of any law or third-party rights
• Content you provide through the Service
• Your processing of customer data
• Customer disputes regarding loyalty rewards

14. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you via email at least 30 days before the changes take effect. Continued use of PerQ after changes become effective constitutes acceptance of the new Terms.

15. Termination Effects

Upon termination or expiry of your subscription:

• Your dashboard access will be revoked
• The scanner app will no longer function for your account
• Customer wallet passes will stop receiving updates
• Existing wallet passes on customer devices will remain but become static
• Your data will be retained for 90 days, then permanently deleted
• You may request a data export within the 90-day period

16. Governing Law and Disputes

These Terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

We encourage you to contact us first to resolve any issues informally before pursuing legal action.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Retail Geek Ltd regarding PerQ.

17.2 Severability

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

17.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

17.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights to any successor or affiliate.

17.5 Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control.