Terms and conditions

1. Scope

These terms apply to all contracts between [Company name and legal form] ("Stamp", "we") and our customers for the use of the Stamp platform.

Our offer is aimed exclusively at businesses within the meaning of § 14 BGB, not at consumers. A customer's differing terms apply only if we expressly agree to them in text form.

Guests who use a business's stamp card do not become our contractual partners. The business alone is responsible for its loyalty programme and its rewards.

2. Services

Stamp is a hosted platform for digital stamp cards. Depending on the plan, it includes in particular:

• designing stamp cards and QR posters
• cards for Apple Wallet, Google Wallet and the browser
• the stamping app and team management
• guest management and the referral feature

The plan chosen when ordering sets out the exact scope and limits. We do not owe any particular marketing or revenue result. The wallet features depend on services from Apple and Google, over which we have no control.

3. Conclusion of contract

The plans shown on the website are not a binding offer. By registering, the customer enters into a contract for the free trial. By ordering a paid plan, the customer makes an offer, which we accept by activating the plan.

The customer confirms that they are acting as a business and are authorised to conclude the contract for it.

4. Trial

New customers can try Stamp free of charge. The plan states how long the trial lasts, currently 14 days. No payment details are needed for the trial.

The trial ends automatically and does not become paid without an order. After it ends, no new stamps can be given until the customer orders a plan. Guests' existing cards remain in place.

5. Prices and payment

The prices shown when ordering apply. All prices exclude statutory VAT. Billing takes place in advance for the chosen period, monthly or yearly, through our payment provider Stripe.

If a payment fails, we inform the customer. If payment remains outstanding for more than 7 days, we may block the giving of stamps until it is made.

We announce price changes at least 30 days before the next billing period. They apply from that period. The customer can terminate before then.

6. Term and termination

The contract runs for the chosen billing period and renews for the same period unless it is terminated by the end of the period. There is no further minimum term.

The customer can terminate in the dashboard under billing or in text form to [Contact email]. We can terminate with 30 days' notice to the end of a billing period. The right to terminate for good cause is unaffected.

Periods already paid for run until they end. There is no pro rata refund unless the law provides for one.

7. Availability and changes to the service

We aim for operation that is as uninterrupted as possible but do not owe any particular availability. Where possible, we announce planned maintenance.

We develop Stamp further and may change features as long as this is reasonable for the customer. We give timely notice of significant restrictions.

8. Customer duties

The customer:

• keeps login details secret and is responsible for the team's accounts
• gives accurate details and keeps them up to date
• uploads only content they are entitled to use
• runs the loyalty programme lawfully, honours promised rewards and informs guests about data processing
• obtains the necessary consent for advertising
• does not attack the platform or circumvent technical protections

For serious breaches or security risks, we may block access, with prior notice where possible.

9. Content and rights of use

The customer keeps all rights to their content, such as logos and images. The customer grants us the non-exclusive right, limited to the term of the contract, to store it and to show it on cards, posters and in wallet apps as far as the service requires. For the term of the contract, the customer receives a non-exclusive, non-transferable right to use Stamp.

10. Data protection and processing on behalf

The customer is the controller of their guests' data, and we are the processor under Art. 28 GDPR. The parties conclude a data processing agreement for this, which forms part of the contract. Our privacy policy applies otherwise.

Before the contract ends, the customer can export their guests' data or ask us for the export. We then delete or anonymise the data unless a legal duty to retain it applies.

11. Liability

We are liable without limit for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and where we have given a guarantee.

For slight negligence, we are liable only for breach of essential contractual duties, meaning those whose fulfilment makes the contract possible and on which the customer may rely. Liability is then limited to the foreseeable damage typical for the contract. Strict liability for initial defects is excluded.

These limits also apply to our staff and vicarious agents. We are not liable for outages caused by force majeure or third-party services for which we are not responsible.

12. Changes to these terms

We announce changes to these terms in text form at least 30 days before they take effect. A customer who does not agree can terminate the contract until they take effect.

13. Applicable law and final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for merchants and legal entities under public law is [Place of jurisdiction].

If a provision is invalid, the rest of the contract remains valid. The German version of these terms applies; translations are only for easier understanding.