Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Farvix LLC ("Company", "we", "us", or "our"), a Wyoming Limited Liability Company, governing your access to and use of the StampKit platform, including all associated websites, applications, and services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

2. Description of Service

StampKit is a digital loyalty stamp card platform that enables businesses ("Business Users") to create, manage, and distribute digital loyalty stamp cards to their customers ("End Customers"). The Service includes:

• Creation and customization of digital loyalty stamp cards
• QR code-based stamp collection
• Customer management and tracking
• Business analytics and reporting
• Multi-location management
• Staff account management
• Reward redemption tracking

3. Account Registration

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and current.
• Maintain the security and confidentiality of your account credentials.
• Accept responsibility for all activities that occur under your account.
• Immediately notify us of any unauthorized use of your account.

You must be at least 18 years of age to create an account and use the Service. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

4. Subscription Plans and Billing

4.1 Free Trial

New accounts receive a 3-day free trial of the Starter plan. No credit card is required for the trial period. At the end of the trial, you must subscribe to a paid plan to continue using the Service.

4.2 Paid Plans

We offer the following subscription plans: Starter (monthly/yearly), Growth (monthly/yearly), and Lifetime (one-time payment). Plan features, pricing, and limits are described on our Pricing page. We reserve the right to modify pricing with 30 days' prior notice to existing subscribers.

4.3 Payment and Billing

• All payments are processed securely through Stripe, Inc.
• Subscription fees are billed in advance on a monthly or yearly basis.
• The Lifetime plan is a one-time, non-recurring payment granting perpetual access to the Service.
• All prices are listed in US Dollars (USD) and are exclusive of applicable taxes.
• You are responsible for any applicable taxes associated with your subscription.

4.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or the Stripe billing portal. Upon cancellation, your subscription will remain active until the end of the current billing period. We do not provide prorated refunds for unused portions of a billing period. Lifetime plan purchases are eligible for a full refund within 14 days of purchase if no stamps have been issued.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right.
• Send spam, unsolicited communications, or engage in deceptive practices.
• Upload or transmit viruses, malware, or other harmful code.
• Attempt to gain unauthorized access to the Service, other accounts, or related systems.
• Interfere with or disrupt the integrity or performance of the Service.
• Scrape, data mine, or use automated means to access the Service without our consent.
• Use the Service for any fraudulent, misleading, or deceptive loyalty programs.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Collect personal information of End Customers without their consent or in violation of applicable privacy laws.

6. Intellectual Property

The Service, including all content, features, functionality, software, designs, and trademarks, is owned by Farvix LLC and is protected by international copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms.

You retain ownership of all content, data, and materials you upload to the Service ("Your Content"). By uploading Your Content, you grant us a limited license to use, store, and process it solely for the purpose of providing the Service to you.

7. Data Processing

As a Business User, you are the data controller for the personal information of your End Customers that you input into the Service. We act as a data processor on your behalf. You are responsible for ensuring that you have obtained all necessary consents from your End Customers for the collection and processing of their personal information through the Service.

Our handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Service Availability and Modifications

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable for any modification, suspension, or discontinuation of the Service.

We may perform scheduled maintenance that may temporarily affect service availability. We will endeavor to provide advance notice of planned maintenance through email or in-app notifications.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FARVIX LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Farvix LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right; or (d) any content or data you submit to the Service.

12. Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, fraudulent activity, non-payment, or extended periods of inactivity.

Upon termination, your right to use the Service will immediately cease. You may request a copy of your data within 30 days of termination by contacting us at info@stampkit.co. After 30 days, your data will be permanently deleted.

13. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in Sheridan County, Wyoming, in accordance with the rules of the American Arbitration Association (AAA).

You agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the revised Terms.