Effective Date: December 2024
Welcome to PerkHit. These Terms of Service ("Terms") govern your use of the PerkHit platform, website, and services. By using PerkHit, you agree to these Terms.
1. Definitions
"PerkHit," "we," "us," or "our" refers to the PerkHit platform and its operators.
"Member" refers to customers who sign up to collect and redeem loyalty rewards.
"Partner" refers to business owners who create and manage loyalty programs.
"Staff" refers to employees authorized by Partners to process rewards transactions.
"Platform" refers to the PerkHit website, applications, and all related services.
2. Acceptance of Terms
By accessing or using PerkHit, you confirm that you:
- Are at least 18 years old (or the age of majority in your jurisdiction)
- Have the legal capacity to enter into this agreement
- Will comply with these Terms and all applicable laws
If you are using PerkHit on behalf of a business, you represent that you have authority to bind that business to these Terms.
3. Account Registration
3.1 Member Accounts
Members may register using an email address. You agree to:
- Provide accurate information
- Keep your login credentials secure
- Notify us immediately of unauthorized access
- Not share accounts or transfer them to others
3.2 Partner Accounts
Partners must provide accurate business information. You agree to:
- Maintain current and accurate business details
- Comply with all applicable business licensing requirements
- Be responsible for all Staff accounts you authorize
- Honor rewards and commitments made to Members
- Use the Service in good faith and within your subscribed entitlements
3.3 Staff Accounts
Staff accounts are created and managed by Partners. Staff members agree to:
- Use the platform only for authorized business purposes
- Process transactions accurately and honestly
- Protect Member information they access
- Follow their employer's policies and these Terms
4. Platform Services
4.1 For Members
PerkHit provides Members with:
- Digital loyalty cards accessible via web browser
- Point, stamp, and voucher tracking
- Reward redemption capabilities
- Transaction history and balance information
4.2 For Partners
PerkHit provides Partners with:
- Loyalty program creation and management tools
- Card design and customization features
- Staff account management
- Member analytics and reporting
- Multi-location support (Clubs)
4.3 For Staff
PerkHit provides Staff with:
- Point-of-sale reward processing terminal
- QR code scanning capabilities
- Member lookup functionality
- Transaction processing tools
5. Loyalty Programs
5.1 Partner Responsibilities
Partners who create loyalty programs agree to:
- Clearly communicate program rules to Members
- Honor rewards as described in their program
- Not create misleading or deceptive programs
- Maintain sufficient inventory or capacity to fulfill rewards
- Provide reasonable notice before making material changes to programs
- Comply with all consumer protection laws
5.2 Member Responsibilities
Members participating in loyalty programs agree to:
- Use rewards as intended for personal use
- Not attempt to fraudulently earn or redeem rewards
- Not sell, transfer, or barter rewards except as permitted
- Comply with individual program terms set by Partners
5.3 Points and Rewards
- Points and rewards have no cash value unless required by law
- Points may expire according to individual program rules
- PerkHit is not responsible for Partner decisions regarding programs
- Partners may modify or terminate programs with reasonable notice
- Unredeemed rewards may be forfeited upon account termination
6. Acceptable Use
You agree NOT to:
- Violate any applicable laws or regulations
- Commit fraud or manipulate the rewards system
- Create fake accounts or misrepresent your identity
- Scrape, crawl, or automatically access the platform
- Interfere with platform security or functionality
- Transmit malware, viruses, or harmful code
- Harass, abuse, or harm other users
- Use the platform for illegal purposes
- Resell or redistribute platform access
- Reverse engineer or decompile the platform
7. Fees and Payment
7.1 Member Accounts
Member accounts are free. Members do not pay fees to use PerkHit.
7.2 Partner Accounts
Partners are subject to annual subscription fees as described on our website. Current pricing is available at perkhit.com. Partner subscriptions include the following for one (1) business location:
- One (1) Active Reward Card (points-based loyalty program)
- One (1) Active Stamp Card (stamp-based loyalty program)
- Up to three (3) active vouchers per member at any time
- Unlimited staff accounts
- Unlimited member registrations
- Unlimited QR code scans
- Full access to analytics dashboard
- Bilingual support (English and Spanish)
Additional business locations ("clubs") may be added to your subscription for an additional annual fee per location. Each additional location receives the same entitlements listed above. If a single loyalty card is used across multiple locations, no additional fee is charged for that shared card.
"Active" means currently available to customers and capable of accumulating points, stamps, or being redeemed. Expired, archived, or deactivated cards do not count toward active limits.
Partners agree to:
- Pay all applicable fees when due
- Provide accurate billing information
- Accept that fees are generally non-refundable
- Acknowledge we may change fees with 30 days notice
7.3 Taxes
You are responsible for any taxes applicable to your use of the platform.
7.4 Auditing and Enforcement
We reserve the right to audit Partner accounts at any time to verify compliance with subscription limits and these Terms of Service. Audits may be conducted without prior notice.
If an audit reveals that you have exceeded your subscription limits, we will notify you and provide an opportunity to either upgrade your subscription or bring your usage into compliance within fourteen (14) days.
We reserve the right to suspend or terminate your account immediately if you fail to remedy violations within the specified period, engage in repeated violations, or attempt to circumvent platform limitations.
Partners agree not to:
- Exceed subscribed card or location limits without purchasing additional capacity
- Resell, sublicense, or share subscriptions with other businesses
- Use automated systems to abuse the platform or inflate member counts artificially
8. Intellectual Property
8.1 PerkHit Property
The PerkHit platform, including its design, features, content, and trademarks, is owned by us and protected by intellectual property laws. You may not copy, modify, or distribute our property without permission.
8.2 Your Content
You retain ownership of content you submit (logos, images, program descriptions). By submitting content, you grant us a license to use, display, and distribute it as necessary to provide our services.
8.3 Partner Brands
Partners retain all rights to their business names, logos, and branding. PerkHit does not claim ownership of Partner intellectual property.
9. Privacy and Data
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using PerkHit, you consent to our data practices as described in our Privacy Policy.
9.1 Partner Access to Member Data
Partners can access information about Members who join their loyalty programs, including:
- Name and email address
- Points balance and transaction history with that Partner
- Communication preferences
Partners may NOT access Member activity with other businesses.
9.2 Staff Access to Member Data
Staff can only see:
- Member name
- Membership code
- Points/stamps balance for their business
Staff cannot access Member email addresses or activity at other businesses.
10. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
- Uninterrupted or error-free operation
- Accuracy or reliability of any information
We do not guarantee that the platform will meet your requirements or be available at all times.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- We are not liable for indirect, incidental, special, consequential, or punitive damages
- We are not liable for lost profits, data, or business opportunities
- Our total liability is limited to the amount you paid us in the 12 months before the claim
- We are not responsible for Partner actions, program changes, or reward fulfillment
Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless PerkHit and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
- Your use of the platform
- Your violation of these Terms
- Your violation of any third-party rights
- Content you submit to the platform
13. Account Termination
13.1 Termination by You
You may close your account at any time through your account settings or by contacting support.
13.2 Termination by Us
We may suspend or terminate your account if you:
- Violate these Terms
- Engage in fraudulent or illegal activity
- Fail to pay applicable fees (Partners)
- Exceed subscription limits and fail to remedy within the specified period
- Harm other users or the platform
13.3 Effect of Termination
Upon termination:
- Your access to the platform ends immediately
- Unredeemed points and rewards may be forfeited
- We may delete your data after a reasonable retention period
- Provisions that should survive termination will remain in effect
- Accounts terminated due to Terms violations are not eligible for refunds
14. Modifications
14.1 To These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the new Terms and updating the effective date. Continued use after changes constitutes acceptance.
14.2 To the Platform
We may modify, update, or discontinue platform features at any time. We will try to provide notice of significant changes but are not obligated to do so.
15. Dispute Resolution
15.1 Informal Resolution
Before filing a formal dispute, you agree to contact us and attempt to resolve the issue informally.
15.2 Governing Law
These Terms are governed by applicable law in your jurisdiction. Any disputes will be resolved in the courts of competent jurisdiction.
15.3 Severability
If any provision of these Terms is found unenforceable, the remaining provisions continue in full effect.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and PerkHit.
16.2 Waiver
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
16.3 Assignment
You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.
16.4 Notices
We may send notices to you via email, platform notifications, or by posting on our website.
17. Contact Us
Questions about these Terms? Contact us through our Contact page or email us at the address provided on our website.
By using PerkHit, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.