Terms of Service

1. Agreement to Terms

By accessing and using Carthy ("the Service"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these Terms of Service, you must not use the Service.

2. Description of Service

Carthy provides a digital loyalty card platform that enables businesses to:

Create and manage customer loyalty programs
Issue digital loyalty cards via QR codes
Track customer visits and redemptions
Create and manage promotional campaigns

3. Eligibility

For Business Owners: You must be at least 18 years old and have the legal capacity to enter into binding contracts. You represent that all information you provide is accurate and current.

For Customers: You must be at least 13 years old to register for a loyalty card. If you are between 13 and 18 years old, you must have parental or guardian consent.

4. User Accounts

4.1 Account Registration

To use certain features of the Service, you must register for an account. You agree to:

Provide accurate, current, and complete information
Maintain the security of your password
Notify us immediately of any unauthorized use
Be responsible for all activities under your account

4.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these terms or engage in fraudulent, abusive, or illegal activity.

5. Business Owner Obligations

As a business owner using the Service, you agree to:

Comply with all applicable laws and regulations, including GDPR and data protection laws
Provide accurate business information
Honor all promotional offers and redemptions
Not use the Service for illegal, fraudulent, or unauthorized purposes
Respect customer data and use it only for legitimate business purposes
Maintain appropriate security measures for customer data

6. Customer Rights and Obligations

As a loyalty program member, you agree to:

Provide accurate personal information
Use your loyalty card only for legitimate purposes
Not attempt to defraud or abuse the loyalty program
Comply with the specific terms of each business's loyalty program

7. Data Protection and Privacy

Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

8. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by Carthy and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

Copy, modify, or distribute the Service or any part thereof
Reverse engineer or attempt to extract source code
Remove or alter any copyright, trademark, or proprietary notices

9. QR Code Usage

Business QR codes generated by the Service are for the exclusive use of the registered business. You may:

Display QR codes at your business location
Include QR codes in your marketing materials
Print and distribute QR codes to customers

You may not transfer, sell, or share your QR codes with other businesses.

10. Payment and Fees

While the Service is currently offered free of charge, we reserve the right to introduce fees for certain features in the future. You will be notified of any fee changes at least 30 days in advance.

11. Prohibited Uses

You agree not to use the Service:

In any way that violates applicable laws or regulations
To transmit harmful code, viruses, or malicious software
To impersonate another person or entity
To harass, abuse, or harm another person
To collect personal information without authorization
To engage in fraudulent activities or schemes
To spam or send unsolicited communications

12. Service Availability

We strive to maintain the Service's availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

Scheduled maintenance
Technical issues or failures
Circumstances beyond our control

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

The Service is provided "as is" without warranties of any kind
We are not liable for any indirect, incidental, special, or consequential damages
Our total liability shall not exceed the amount paid by you (if any) in the past 12 months
We are not responsible for any loss of data, profits, or business opportunities

14. Indemnification

You agree to indemnify and hold harmless Carthy, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Your violation of applicable laws

15. GDPR Compliance

For users in the European Economic Area (EEA), we comply with the General Data Protection Regulation (GDPR). You have the right to:

Access your personal data
Rectify inaccurate data
Request erasure of your data ("right to be forgotten")
Restrict processing of your data
Data portability
Object to processing
Withdraw consent at any time

To exercise these rights, contact us at the details provided below.

16. Data Retention

We retain personal data only for as long as necessary to fulfill the purposes outlined in our Privacy Policy or as required by law. Business owners are responsible for their own data retention policies.

17. International Users

If you access the Service from outside the European Union, you acknowledge that your data may be transferred to and processed in countries with different data protection laws.

18. Dispute Resolution

Any disputes arising from these Terms shall be resolved through:

Good faith negotiations between the parties
If unresolved, mediation under the rules of a mutually agreed mediator
As a last resort, arbitration in accordance with applicable arbitration rules

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the European Union and the country where the service is primarily operated, without regard to conflict of law provisions.

20. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes via:

Email notification
Prominent notice on the Service
In-app notification

Continued use of the Service after changes constitutes acceptance of the modified Terms.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Carthy regarding the Service.

23. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@carthy.online

Address: Estonska 14, 82106, Bratislava, Slovakia

Data Protection Officer: dpo@carthy.online