Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and PerqIQ LLC, a Wyoming limited liability company that does business as PerqIQ ("PerqIQ," "we," "us"). They govern your use of perqiq.com, app.perqiq.com, the PerqIQ scanner app, and the digital loyalty card, push notification and related services we provide (together, the "Service").

By creating an account, starting a free trial, or using the Service, you agree to these Terms, our Privacy Policy, our Cookie Policy, and, if you buy a paid plan, our Subscription Agreement. You confirm that you are lawfully able to enter into contracts. If you use the Service for a business, you confirm that you have authority to bind that business, and "you" includes both you and that business. If you do not agree, do not use the Service.

2. The Service

PerqIQ lets local businesses ("Customers") create and manage digital loyalty programs, including stamp cards, cashback, rewards, membership, discount, coupon, multipass and gift cards, add them to the Apple Wallet and Google Wallet passes of their own customers ("Cardholders"), scan cards with a scanner app, and send push notifications.

We may improve, change or remove features at any time. If we make a change that materially reduces what a paid plan includes, we will give notice as described in the Subscription Agreement.

3. Accounts and security

• You must be at least 18 and able to form a binding contract.
• Give us accurate information and keep it current.
• You are responsible for everything done through your account, including by managers and staff you add. Keep passwords confidential and tell us promptly at engage@perqiq.com if you suspect unauthorized access.
• One free trial is available per business. We may refuse or end a trial that appears to be repeated or abusive.

4. Acceptable use

You agree not to, and not to let anyone else:

• use the Service in violation of any law, regulation or third-party right;
• send spam, deceptive, harassing or unlawful messages, or send notifications to people who have not agreed to receive them where consent is required;
• upload content that infringes intellectual property or privacy rights, or that is unlawful, hateful or harmful;
• attempt to access accounts, data or systems that are not yours, probe or test our security, or interfere with the Service;
• copy, scrape, reverse engineer or resell the Service, except as we allow in writing;
• use the Service to run a program whose rewards, prizes or gift cards you cannot lawfully offer.

We may suspend or remove content or accounts that break these rules or put the Service or other users at risk.

5. Your content, your Cardholders and your responsibilities

You keep ownership of your logos, text, images, offers and Cardholder information ("Customer Content"). You give us a limited license to host, process, display and transmit Customer Content only as needed to run and improve the Service for you.

You are responsible for your loyalty program, including the rewards you promise and honor, applicable gift card, coupon and promotion laws, and your tax obligations. You are also responsible for having the permissions you need to collect Cardholder information and to message Cardholders, including any consent required for push notifications, email or text messages under laws such as the CAN-SPAM Act and the Telephone Consumer Protection Act. We do not review your messages before they are sent.

For how we handle personal information, see the Privacy Policy.

6. Our intellectual property and trademarks

The Service, including its software, design, text, logos and the PerqIQ name and marks, belongs to PerqIQ LLC or its licensors and is protected by law. We give you a limited, non-exclusive, non-transferable, revocable right to use the Service for your own business while these Terms apply. No other rights are granted. The trademarks, logos and service marks shown on our site, including PerqIQ, belong to PerqIQ LLC or other third parties, and you may not use them without prior written consent. If you send us feedback, we may use it without owing you anything.

7. Third-party services

The Service works with third parties, such as Apple Wallet, Google Wallet, payment processors (currently Stripe), email and messaging providers, and hosting providers. Their services are governed by their own terms, and we are not responsible for them. If a third party changes or stops its service, features that depend on it may change or stop.

8. Fees and billing

Paid plans are described on our pricing page and governed by the Subscription Agreement, which forms part of these Terms.

9. Compliance with laws

You confirm that you are not violating and will not violate any law that applies to your use of the Service. In particular, you will comply with anti-bribery and anti-corruption laws, such as the US Foreign Corrupt Practices Act and the UK Bribery Act, and with export control and sanctions laws administered by the US Department of Commerce, the US Department of the Treasury (OFAC) and other authorities. You will not export, re-export or deliver PerqIQ software, content or services to a sanctioned country, entity or person, and you confirm that you are not one yourself.

10. Global availability

We operate the Service from the United States. If you use it from another location, you are responsible for complying with local laws. We do not promise that the Service is appropriate or available everywhere.

11. Electronic communications

When you use the Service or email us, you communicate with us electronically and consent to receive communications from us electronically, by email or by notices on our site or in the app. These electronic communications satisfy any legal requirement that a communication be in writing.

12. Disclaimers

The service is provided "as is" and "as available." To the fullest extent the law allows, PerqIQ LLC disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the service will be uninterrupted, error-free, secure, or that messages will be delivered. Statements on our website about results, such as increases in return visits or revenue, describe outcomes reported for digital loyalty cards in general. They are not a promise that your business will achieve the same results.

13. Limitation of liability

To the fullest extent the law allows, PerqIQ LLC and its owners, officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, arising from or related to the service or these terms. Our total liability for all claims is limited to the fees you paid us for the service in the 12 months before the event that gave rise to the claim, or two hundred US dollars if you have not paid us. The Subscription Agreement may contain additional or different terms for paid plans, and it controls where they differ.

Some places do not allow certain limits, so parts of this section may not apply to you.

14. Indemnity

You will defend and indemnify PerqIQ LLC against claims, losses and expenses (including reasonable attorneys' fees) arising from your Customer Content, your loyalty program and rewards, your messages to Cardholders, your breach of these Terms, or your violation of law or third-party rights.

15. Responsibility for your users

You are responsible for any violation of these Terms by anyone who uses the Service with your permission or through your account. Helping another person do something that would break these Terms if you did it is also a violation.

16. Suspension, termination and monitoring

You may stop using the Service and close your account at any time. We may suspend or end your access immediately if you breach these Terms, do not pay, or use the Service in a way that creates risk or legal exposure, and we may end the Service to you for any reason with reasonable notice. We may, but are not required to, investigate violations of these Terms, remove content that breaks them, and report suspected unlawful activity to law enforcement or regulators, which can include sharing relevant account information. Sections that by their nature should survive termination, including ownership, disclaimers, limits of liability, indemnity and governing law, will survive. What happens to your data after termination is described in the Subscription Agreement and Privacy Policy.

17. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules. Any dispute will be brought in the state or federal courts located in Laramie County, Wyoming, and you and we consent to that venue. Before filing a claim, each party agrees to try in good faith to resolve the dispute by contacting the other at the addresses below for at least 30 days. Each party waives, to the extent the law allows, the right to bring or join class actions against the other.

18. Changes to these terms

We may update these Terms. When we make material changes, we will post the new version with a new effective date and, where appropriate, notify account holders by email or in the app. Continued use after the effective date means you accept the update.

19. General

These Terms, the Privacy Policy and the Subscription Agreement are our entire agreement with you on this subject. If a part is found unenforceable, the rest stays in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, sale or reorganization. Notices to us go to the addresses below. We are not responsible for failing to meet obligations because of causes beyond our control. Translations of these Terms are provided for convenience, and if they conflict, the English version controls. These Terms do not create a partnership, joint venture, employment or agency relationship between you and us.

20. Contact

Questions about these Terms? Reach us at the details below.