TERMS OF SERVICE

Important Information

These Terms of Service ("Terms") govern your access to and use of Punchable, a digital loyalty and coupon creation platform for businesses. By creating an account or using Punchable, you agree to be bound by these Terms.

Key Points: Punchable is a B2B SaaS tool for business owners; You are responsible for customer data you collect; Free 14-day trial, then $29.99/month or $299.99/year subscription; You must comply with anti-spam laws when using email features; We may terminate accounts for misuse.

If you do not agree to these Terms, do not use Punchable.

1. Definitions

"Punchable," "we," "us," or "our" refers to Garrett Hiebert, operating as Punchable, located at 12568 61 Ave, Surrey, British Columbia V3X 3L6, Canada.

"You," "your," or "User" refers to the business owner or authorized representative who creates a Punchable account.

"Service" refers to the Punchable mobile application (iOS), web platform, and all related services. "Licensed Application" refers to the Punchable iOS app from the Apple App Store. "Customer" or "End Customer" refers to consumers who participate in loyalty programs created by you. "Customer Data" refers to personal data you collect through Punchable. "Business Data" refers to your business information and loyalty program configurations. "Content" refers to loyalty programs, coupons, passes, images, text, and other materials you create. "Pass" refers to digital wallet passes (Apple Wallet or Google Wallet).

2. Account Registration and Eligibility

You must be at least 18 years old. You represent that you have legal authority, are creating an account for a legitimate business purpose, and that all information is accurate. Punchable is for business use only. You may create only one account per business.

3. Subscription and Payment Terms

Free Trial: 14-day free trial with full access. No credit card required. No automatic charges at trial end. You must actively choose to subscribe to continue.

Plans: Monthly $29.99 USD/month. Annual $299.99 USD/year (saves $59.89). Payment via Apple App Store. Subscriptions auto-renew unless cancelled. Cancel anytime through iOS Settings or Punchable. No refunds for partial periods. Price changes require 30 days' notice.

4. Scope of License

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use Punchable for your business. You may NOT share accounts (except authorized employees), resell the Service, reverse engineer, use for illegal purposes, or extract data via scraping. You may install on multiple devices you own and authorize employees (you remain responsible).

5. Your Responsibilities

Use the Service lawfully. Maintain account security. Provide accurate information. Obtain proper consent before collecting customer emails. Honor opt-out requests. Comply with CAN-SPAM, GDPR, CASL. Content must not violate laws, infringe IP, contain malware, or be defamatory. Use the Service reasonably.

6. Customer Data and Privacy

You are the Data Controller. Punchable is the Data Processor. You decide what to collect and must obtain consent. We process only on your instructions. Our Data Processing Addendum governs processing. Our Privacy Policy explains our data practices.

7. Prohibited Uses

You may NOT: Violate laws; send spam or unsolicited emails; ignore unsubscribe requests; use purchased/scraped email lists; hack or disrupt the Service; infringe IP; create hate, adult, or illegal content; use the Service to compete with Punchable; resell or white-label. See our Content Rights Policy for details.

8. Intellectual Property Rights

We own the Punchable app, trademarks, and branding. You retain ownership of your business name, logo, content, and customer data. By uploading content you grant us a limited license to store, process, and display it to provide the Service. The license terminates when you delete content. You may not use "Punchable" or our logos without permission.

9. User-Generated Content

When creating content you represent you own or have rights to it, it does not infringe others' rights, and it complies with laws. Honor all offers you make. We reserve the right to review, remove violating content, and suspend accounts.

10. Email Marketing Compliance

You MUST comply with CAN-SPAM (US), GDPR (EU), and CASL (Canada). Use unchecked opt-in checkboxes. Include unsubscribe in every email. Honor opt-outs within 48 hours. Punchable includes unsubscribe links automatically. Spam complaints exceeding 0.1% may trigger review. Violations may result in immediate suspension.

11. Termination and Account Deletion

You may terminate anytime. We may suspend or terminate for violations, anti-spam violations, non-payment, or fraud. Upon termination: access revoked immediately; within 30 days you may export data; after 30 days all data is permanently deleted. Export your data before terminating.

12. Warranties and Disclaimers

We warrant the Service functions substantially as described. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. We disclaim merchantability, fitness for purpose, and uninterrupted operation. We are not responsible for third-party services (Apple, Google, Resend, Supabase). You are responsible for backing up your data.

13. Limitation of Liability

Our total liability is limited to the greater of $100 USD or the amount you paid in the 12 months before the claim. WE ARE NOT LIABLE FOR indirect, consequential, incidental, special, or punitive damages. Exceptions: death/personal injury from negligence, fraud, gross negligence, or liability that cannot be excluded by law.

14. Indemnification

You agree to indemnify and hold harmless Punchable from claims arising from: your violation of these Terms; your violation of laws; your content; your email marketing; spam complaints; customer disputes; deceptive practices; or privacy violations.

15. Data Processing and Third-Party Services

We use Supabase (database), Resend (email), Apple PassKit, Google Pay API, and Apple App Store. Our DPA governs customer data processing. Data stored in US (default) or EU (on request). We are not responsible for third-party failures.

16. Apple App Store Specific Terms

These Terms are between you and Punchable, not Apple. Apple has no maintenance or support obligation. Punchable (Garrett Hiebert), not Apple, is responsible for the app. Apple is a third-party beneficiary. For warranty refunds, you may notify Apple.

17. Modifications to Terms

We may modify Terms with 30 days' notice for material changes. Continued use constitutes acceptance. If you disagree, terminate within 30 days for pro-rated refund. Current Terms at punchable.app/terms.

18. Dispute Resolution and Governing Law

Governed by laws of British Columbia, Canada. Jurisdiction in British Columbia courts. Before filing a claim, contact legal@punchable.app and allow 30 days for resolution. You agree to resolve disputes individually (class action waiver). Claims must be brought within 1 year.

19. General Provisions

Entire agreement with Privacy Policy and DPA. Severability; no waiver; we may assign, you may not. Force majeure applies. Independent contractors. No third-party beneficiaries except Apple. Contact: Garrett Hiebert (Punchable), 12568 61 Ave, Surrey, BC V3X 3L6, Canada. legal@punchable.app

20. Contact Information

• General: support@punchable.app | punchable.app/help
• Legal: legal@punchable.app
• Privacy: privacy@punchable.app
• Abuse: abuse@punchable.app | Security: security@punchable.app