Terms of Use

Merchant Terms of Use

Last Modified: April 27, 2023

These Terms of Use ("Terms" or "Terms of Use") govern your use of the digital loyalty platform (the "Platform") provided by Flextech.io Pte. Ltd. ("Flex Rewards", "us", "our", and "we"), and apply to all businesses or persons who create a Merchant account and access the services on the Flex Rewards dashboard ("Dashboard"), who use the Merchant Companion App ("Companion App"), or who enroll customers through the Flex Rewards Customer App or webapp. Customers enrolled in programs you have created on the Platform are hereinafter referred to as your "Customers" or your "Members".

Terms and conditions applicable to the use of Customer data and Merchant data are governed by our Privacy Policy. By using the Platform, you agree to these Terms of Use and our Privacy Policy.

1. Pricing & Free Trial

All prices and subscription rates for products and services provided on the Platform are subject to change. Prices and rates quoted on our website are also exclusive of applicable sales tax. Current rates are published on our Pricing page.

1.1 Pricing for the Stamp Card. The Stamp Card product is a digital stamp card service. Fees are calculated on a monthly subscription basis at the fixed monthly rate described on our Pricing page.

1.2 Pricing for Digital Passport. Digital Passport is a digital stamp card designed for group hosts, which encourages users to visit multiple locations to complete their stamp card. Fees are calculated on a monthly subscription basis at rates that depend on the number of participating venues, as described on our Pricing page.

1.3 Free Trial. The Stamp Card product is provided to you on a 30-day free trial ("Free Trial") basis. We reserve the right to amend the Free Trial period at any time.

2. Monthly Subscription

Your subscription for the Stamp Card product will commence after the Free Trial period has ended. Specifically, your subscription will commence the day after your Free Trial ends, following which you will be billed on the 1st day of each month.

So, for example, if you start your Free Trial on January 15, your Free Trial will end on February 14. Your first bill will be issued on February 15 and will apply for the period between February 15 to February 28 (i.e. a partial month). You will receive your second bill on March 1 for the period March 1 to March 31 (i.e. a full month).

3. Billing & Payment

Once your subscription has commenced you will be billed on a monthly basis on the 1st day of each calendar month. Subscription fees are paid monthly in advance. Your first bill will reflect any partial month of service provided in the month in which your Free Trial ended, plus the immediately following full month of service. Your second bill will reflect only a single month of service.

All billing is handled by Stripe. You consent to the release of your credit card details to Stripe for purposes of processing payment transactions to Flex Rewards. Your credit card details are not stored with Flex Rewards.

4. Cancellation Policy

4.1 Cancellation at Will. You may cancel your subscription at any time. Cancelling your subscription will deactivate your account and your Flex Rewards service at the end of the month.

If you cancel your subscription during your Free Trial period, your credit card will not be charged. If you cancel after your Free Trial but before the first full billing cycle commences (i.e. the 1st of the month), you will only be charged for the number of days between the end of your Free Trial and the first billing cycle (i.e. a partial month). If you cancel after your Free Trial, and after the 1st full billing cycle has commenced, you will not be charged again.

4.2 Refund Policy. Any subscription fees paid to Flex Rewards in any prior billing cycle, whether for full or partial months, are non-refundable. Your account remains active until the end of the month you are in.

4.3 Program Access Upon Cancellation. When you cancel your service with Flex Rewards, your program will still remain active until the end of the billing cycle. It is your responsibility to inform your customers that you may or may not continue to honor the terms of your program during this time. When your account has been fully deactivated at the end of the billing cycle, your customers will no longer be able to access their stamp cards, earned stamps, promotions or earned rewards. It is your responsibility to inform your customers how you may or may not compensate them for the loss of their program benefits or promotional rewards.

4.4 Involuntary Cancellation. Your account will automatically be deactivated for non-payment of the subscription price. We also reserve the right to cancel your account for any reason.

4.5 Removal of Data. Flex Rewards shall not be obligated to delete or remove Merchant or Customer data upon cancellation of your account, although you may request for us to do so. The decision to remove such information remains at the discretion of Flex Rewards.

4.6 Account Reactivation. You may reactivate your account by uploading payment information to your Dashboard and settling any unpaid payments. Account reactivation is generally processed within 48 hours.

5. Use of Brand Assets

You agree that all of your trademarks, trade names, images and logos uploaded to our Platform ("Brand Assets") are provided to us with your express consent that Flex Rewards may utilize, modify and edit the Brand Assets as we think fit in order to display such Brand Assets on our Platform to provide the Services, and for us to use your Brand Assets, including displaying Brand Assets on our website, for marketing purposes.

6. Services

The Stamp Card and Digital Passport products include the following services ("Services"):

Digital Stamp Card. Once a stamp card has been activated, your customers will immediately receive your card with your specified rewards. You will not be able to edit a stamp program once it has been activated. To change details of your stamp program, you must deactivate your stamp card and activate a new one. Customers who received an old stamp card prior to its deactivation will retain this card until they have completed the stamp card cycle. It is your responsibility to inform your customers that your program has been amended and whether you may or may not honor the terms of the deactivated stamp card.
Unlimited loyalty member numbers. There is no limit to the number of members you may sign up to your loyalty program under your plan.
Venues. You are entitled to deploy our services at one store location. You may purchase additional store locations at the rates published on our Pricing page.
Welcome rewards. You may create welcome rewards that will be issued to all customers who join your program.
Birthday rewards. You may create birthday rewards that will send a reward automatically to each of your members 30 days prior to their birthday. Providing birthday information is optional, and not all your members will have provided this information.
Data Reports. You may download various data reports detailing your members and stamp and rewards activities from your Dashboard, including Members Reports, Stamp Reports, Redemptions Reports and Card Completion Reports. Ownership and use of this data during and after your service with Flex Rewards is governed by our Privacy Policy.
Joining QR Codes & Joining Weblinks. You may display your Joining QR code and Joining Weblink in-store or online to direct your audience to your stamp program on the Customer App.
Table Displays, Flyers, and Sticker Labels. You may generate Table Displays, Delivery Flyers, and Sticker Labels from our templates in your Flex Rewards Dashboard. We provide only limited editing functions on these templates.
Gifting Rewards. All rewards that you issue may be gifted by your users to other users of the Customer App. You must honor the terms of any rewards that have been transferred to other users in this manner.

Flex Rewards reserves the right to change the scope of services provided to you at any time and without notice.

Staff Errors and Fraud. The issuance of stamps, validation of rewards and the registration of new members to your program must be done manually by you and your staff by (a) entering your merchant store PIN code into the Customer App; (b) showing your Add Stamp QR Code to customers; and/or (c) accessing member accounts through the Merchant Companion App as an authorized company user (the above methods, collectively the "Validation Methods"). We do not accept responsibility for any staff errors, mishandling, or misuse of the Validation Methods that may occur from use of the Platform, including the intentional or unintentional disclosure of passwords, usernames, PIN Codes, or Add Stamp QR Codes, or the theft or fraudulent use of the same, that may result in the award of stamps and other program benefits against your program terms and conditions.

7. Content and Acceptable Usage

We reserve the right to terminate service at any time for breach of these Terms, or for the unauthorized use of our services. You may not use our services for the sale or promotion of: (a) illegal or illicit drugs; (b) pornographic materials; (c) military-grade automatic weapons; (d) products or services that incite violence, hatred or racism; or (e) other products or services deemed unacceptable by Flex Rewards.

8. Disclaimer on Outages and Bugs

While we try to ensure consistent and reliable service, providing a digital service like Flex Rewards requires the proper functioning and maintenance of a large number of highly complex digital services and software libraries. From time to time these services may be unavailable due to bugs, resource overload, or routine maintenance. In such event, your customers may be unable to access their loyalty card or rewards, and you may not be able to sign up customers with our QR codes and weblinks. While we will attempt to mitigate disruption to your services, we cannot guarantee that interruptions will not occur.

9. Miscellaneous Provisions

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE PLATFORM AND DO NOT USE ANY FLEX REWARDS SERVICE.

PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY: (A) DISPUTE RESOLUTION / ARBITRATION AGREEMENT, INCLUDING THE CLASS ACTION WAIVER DESCRIBED THEREIN, (B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION / RELEASE.

9.1 Ownership of the Platform. The Platform, any content on the Platform, and the infrastructure used to provide the Platform are proprietary to us. By using the Platform and accepting these Terms of Use, Flex Rewards grants you a limited, personal, non-transferable, non-exclusive, revocable license to use the Platform, and you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Platform without our express permission.

9.2 Use of the Platform. As a condition of your use of the Platform, you agree that you have reached the age of majority in your jurisdiction; you are able to create a binding legal obligation; you will not use the Platform with crawlers, robots, data mining, or extraction tools; your use will at all times comply with these Terms; you will only provide legitimate rewards; and the information you submit is accurate, true, current, and complete, and you will keep it up to date.

9.3 Access to the Platform. Flex Rewards retains the right, at our sole discretion, to deny service or use of the Platform or an account to anyone at any time and for any reason. The Platform and/or your account may be unavailable from time to time, whether due to circumstances within our control (e.g. routine maintenance) or outside of it.

9.4 Modification. We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. Changes will be posted on this page and are effective upon posting. Your continued use of the Platform after the effective date constitutes acceptance of the changes.

9.5 Your Account. You may only create and hold one account on the Platform for your professional use. You are responsible for updating and correcting information you have submitted, and for safeguarding your password and supervising use of your account. You are solely responsible for any activity that occurs under your account, which is non-transferrable. Violation of these Terms may cause your account to fall out of good standing, and we may cancel it at our discretion; you may forfeit any pending or unredeemed value in your account without notice.

9.6 Your Conduct. All interactions on the Platform must comply with these Terms of Use. Prohibited activities include (among others): re-selling or re-marketing the Services under your own name; submitting content that violates applicable law, contains malware, or infringes intellectual property; accessing data not intended for you; scanning, testing or interfering with the security or functioning of the Platform; and using automated tools to access or copy content from the Platform without our permission.

9.7 Your Privacy. We take the privacy of your Personal Information seriously. Our Privacy Policy is incorporated in and subject to these Terms of Use.

9.8 Copyright and Trademarks. The Platform contains copyrighted material, trademarks, and other proprietary information protected by intellectual property law in the United States, the People's Republic of China, the European Union, the United Kingdom and Singapore. "FLEX REWARDS" and the Flex Rewards logos are trademarks owned by Flextech.io Pte. Ltd. or its related entities.

9.9 Unsolicited Ideas. We do not accept or consider unsolicited ideas of any kind. If you send us unsolicited materials, Flex Rewards has no obligation to review or keep them confidential, and may use and redistribute them without compensation to you.

9.10 DMCA Procedures. If you have a good faith belief that material on the Platform infringes your copyright, trademark, or other intellectual property right, please contact our DMCA Agent at[email protected] with (a) a signature of the person authorized to act on behalf of the rights owner; (b) identification of the copyrighted work and its location on the Platform; (c) a good-faith statement that the use is unauthorized; (d) your contact information; and (e) a statement, under penalty of perjury, that you are authorized to act on the rights owner's behalf.

9.11 Disclaimer of Warranty. As permitted by applicable law, use of the Platform is at your sole risk. Flex Rewards does not warrant that use of the Platform will be uninterrupted, secure, virus-free, or error free, or make any warranty as to the results obtained from use of the Platform, or the accuracy or reliability of its content. The Platform is provided on an "as is" and "as available" basis.

9.12 Limitation of Liability. As permitted by applicable law, Flex Rewards shall not be liable for any direct or indirect lost profits, lost business damages, or indirect, incidental, special, consequential, or punitive damages arising out of the Services or your use of the Platform. Flex Rewards shall not be liable for any claim unless it receives written notice within 60 days of the event giving rise to the claim, and unless the aggregate amount of all claims exceeds a minimum of US$2,500. The aggregate liability of Flex Rewards for all claims shall not exceed the total subscription price paid by you during the term of service.

9.13 Electronic Communications. When you use the Platform or send emails to Flex Rewards, you are communicating with us electronically and consent to receive electronic communications related to your use of the Platform.

9.14 Indemnification / Release. You agree to defend, indemnify, and hold harmless Flex Rewards, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from claims arising out of or related to, among other things: deactivation of your account and the resulting loss of customer access to your program; unauthorized issuance of program benefits through misuse of your Merchant PINs, QR codes, or account credentials; service outages; modification of the Services; theft or loss of your account or membership data due to your negligence; misuse of the Platform to commit fraud or violate the law; and the sale or misuse of Customer data, or failure to delete Customer data upon a Customer's request.

9.15 Force Majeure. Flex Rewards shall be excused from performance under these Terms to the extent it is prevented or delayed by events beyond its reasonable control, including weather, war, terrorism, civil disorder, quarantines, labor strikes, or disruption to computer hardware, networks or software.

9.16 Assignment. You may not assign these Terms, or any rights or obligations under them, without our express written permission. Flex Rewards may assign these Terms, in whole or in part, at its sole discretion.

9.17 Entire Agreement. These Terms of Use, including the Privacy Policy and other terms incorporated by reference, constitute the entire agreement between you and Flex Rewards with respect to their subject matter.

9.18 Choice of Law. Any disputes arising out of or related to these Terms of Use shall be governed by the laws of the Republic of Singapore, without regard to its choice of law rules.

9.19 Dispute Resolution / Arbitration Agreement.Except as specifically stated herein, any dispute or claim between you and Flex Rewards arising out of or relating to these Terms, the Platform, or your use of the Platform shall be resolved exclusively by final, binding arbitration administered by the Singapore International Arbitration Center ("SIAC") under the SIAC Rules then in force. By agreeing to this, you and Flex Rewards are each giving up the right to go to court and have a dispute heard by a judge or jury. Disputes shall be arbitrated only on an individual basis, and not as a class, consolidated, or representative action. Either party may still bring suit in court seeking an injunction or other equitable relief relating to intellectual property infringement or illegal or intentional acts affecting the security of the Platform.

9.20 Additional Disclosures. No waiver by either party of any breach or default is a waiver of any other or subsequent breach. If a court holds any provision of these Terms invalid, that will not affect the enforceability of the remaining provisions.

You are contracting with Flextech.io Pte. Ltd. Correspondence should be directed to [email protected].

Customer Terms of Use

Last Updated: January 12, 2021

Welcome to the Flex Rewards App/Site. By using it, you are agreeing to these Terms of Use. Please read them carefully. Flextech.io Pte. Ltd. ("Flex Rewards", "we", "us", or "our") owns and operates the Flex Rewards native Android and iOS apps, the webapp, and the associated websites (collectively, the "App/Site"). By using the App/Site, signing up for an account, or participating in a Merchant's loyalty program through the App/Site, you agree to these Terms of Use and ourPrivacy Policy, which is incorporated here by reference.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE APP/SITE.

1. About the App/Site

The App/Site is a platform through which Merchants operate digital loyalty programs — issuing stamps, promotions and rewards to their Customers. Merchants are solely responsible to you for the care, quality, and delivery of any goods, services or rewards they offer. Certain Merchant offerings and available programs may change at any time in Flex Rewards' sole discretion, without notice.

2. Ownership of the App/Site

The App/Site, any content on it, and the infrastructure used to provide it are proprietary to us, our affiliates, Merchants, and other content providers. Flex Rewards grants you a limited, personal, non-transferable, non-exclusive, revocable license to use the App/Site, and you agree not to reproduce, distribute, create derivative works from, or re-sell any content obtained through the App/Site without our express permission.

3. Use of the App/Site

As a condition of your use of the App/Site, you agree that you have reached the age of majority in your jurisdiction; you will not use the App/Site with crawlers, robots, data mining, or extraction tools; your use will at all times comply with these Terms; and the information you submit is accurate, true, current, and complete, and you will keep it up to date.

4. Access to the App/Site

Flex Rewards retains the right, at our sole discretion, to deny service or use of the App/Site to anyone at any time and for any reason. The App/Site and/or your account may be unavailable from time to time.

5. Modification

We reserve the right to discontinue or modify any part of these Terms of Use. Changes are posted on this page and take effect prospectively. Continued use of the App/Site after the effective date constitutes acceptance of the changes.

6. Your Account

You may only create and hold one account on the App/Site for your personal use. You are responsible for updating and correcting the information in your account and for safeguarding your password. You are solely responsible for any activity under your account, which is non-transferrable. Violation of these Terms may cause your account to fall out of good standing, and we may cancel it at our discretion; you may forfeit any pending or unredeemed value in your account without notice.

7. Your Conduct

All interactions on the App/Site must comply with these Terms of Use. Prohibited activities include (among others): submitting content that violates applicable law, contains malware, or infringes intellectual property; accessing data not intended for you; scanning, testing or interfering with the security or functioning of the App/Site; and using automated tools to access or copy content from the App/Site without our permission.

8. Your Privacy

We take the privacy of your Personal Information seriously. OurPrivacy Policy is incorporated in and subject to these Terms of Use.

9. Copyright and Trademarks

The App/Site contains copyrighted material, trademarks, and other proprietary information protected by intellectual property law in the United States, the People's Republic of China, the European Union, the United Kingdom and Singapore. "FLEX REWARDS" and the Flex Rewards logos are trademarks owned by Flex Rewards or its related entities.

10. User Content

The App/Site may let you submit reviews, comments, or other content ("User Content"). You represent that you own the User Content or have authority to submit it, and that it will not infringe any third-party rights or violate applicable law. Flex Rewards has the right, but not the obligation, to review, edit, remove, or disclose User Content at any time. User Content is public — please do not include Personal Information in it unless you want it publicly disclosed. By contributing User Content, you grant Flex Rewards a royalty-free, worldwide license to use, reproduce, and display it in connection with operating and promoting the App/Site.

11. Unsolicited Ideas

We do not accept or consider unsolicited ideas of any kind. If you send us unsolicited materials, Flex Rewards has no obligation to review or keep them confidential, and may use and redistribute them without compensation to you.

12. DMCA Procedures

If you believe material on the App/Site infringes your copyright, trademark, or other intellectual property right, please contact our DMCA Agent at [email protected]with the information described in Section 9.10 of the Merchant Terms of Use above.

13. Disclaimer of Warranty

As permitted by applicable law, use of the App/Site is at your sole risk. Flex Rewards does not warrant that use of the App/Site will be uninterrupted, secure, virus-free, or error free, or make any warranty as to the accuracy, completeness, or reliability of its content or any Merchant offerings. The App/Site is provided on an "as is" and "as available" basis.

14. Limitation of Liability

As permitted by applicable law, Flex Rewards shall not be liable for any direct or indirect lost profits or lost business damages, or indirect, incidental, special, consequential, or punitive damages arising out of or related to: your use of, or inability to use, the App/Site; modification or removal of content you submitted; any Merchant offerings or programs accessible through the App/Site; any products or services purchased directly from a Merchant; these Terms of Use; or theft or malicious hacking of your password or login credentials. Flex Rewards' liability in connection with any Merchant offering will not exceed the amount you paid for it.

15. Electronic Communications

When you use the App/Site or send emails to Flex Rewards, you consent to receive electronic communications related to your use of the App/Site, and agree that such communications satisfy any legal requirement that they be in writing.

16. Websites of Others

The App/Site contains links to websites maintained by other parties. These links are provided as a convenience only; we do not endorse and are not responsible for the content or privacy practices of those sites.

17. Indemnification / Release

You agree to defend, indemnify, and hold harmless Flex Rewards, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from claims arising out of: User Content you submitted, or your use of the App/Site in violation of these Terms; fraud or intentional misconduct on your part; or your violation of applicable law or the rights of a third party. You are solely responsible for your interactions with Merchants, and release Flex Rewards from claims related to any Merchant's products, services, or conduct.

18. Force Majeure

Flex Rewards shall be excused from performance under these Terms to the extent it or a Merchant is prevented or delayed by events beyond its reasonable control, including weather, war, terrorism, civil disorder, quarantines, labor strikes, or disruption to computer hardware, networks or software.

19. Assignment

You may not assign these Terms, or any rights or obligations under them, without our express written permission. Flex Rewards may assign these Terms, in whole or in part, at its sole discretion.

20. Entire Agreement

These Terms of Use, including the Privacy Statement and other terms incorporated by reference, constitute the entire agreement between you and Flex Rewards with respect to their subject matter.

21. Choice of Law

Any disputes arising out of or related to these Terms of Use shall be governed by the laws of the Republic of Singapore, without regard to its choice of law rules.

22. Dispute Resolution / Arbitration Agreement

Except as specifically stated herein, any dispute or claim between you and Flex Rewards arising out of or relating to these Terms, the App/Site, or your use of it shall be resolved exclusively by final, binding arbitration administered by the Singapore International Arbitration Center ("SIAC") under the SIAC Rules then in force. By agreeing to this, you and Flex Rewards are each giving up the right to go to court and have a dispute heard by a judge or jury. Disputes shall be arbitrated only on an individual basis, and not as a class, consolidated, or representative action. Either party may still bring suit in court seeking an injunction or other equitable relief relating to intellectual property infringement or illegal or intentional acts affecting the security of the App/Site.

23. Additional Disclosures

No waiver by either party of any breach or default is a waiver of any other or subsequent breach. If a court holds any provision of these Terms invalid, that will not affect the enforceability of the remaining provisions.