Terms of Service

These Terms of Service ("Terms") are a binding agreement between PointVibe (the "Service Provider", "we", "us") and the business or person using PointVibe (the "Merchant", "you"). By creating an account, installing the PointVibe app on a connected platform (such as Square or Clover), or using the service, you agree to these Terms.

1. The Service

PointVibe is a software platform for merchant loyalty programs, including digital wallet passes (Apple Wallet and Google Wallet), point-of-sale integrations, and customer notifications. The service is provided "AS IS".

2. Accounts and Eligibility

You must provide accurate account information, keep your credentials secure, and be authorized to act on behalf of your business. You are responsible for all activity that occurs under your account.

3. License

We grant you a limited, non-exclusive, non-transferable, revocable right to use PointVibe for your internal business purposes during your subscription, subject to these Terms. You may not copy, resell, sublicense, reverse engineer, or misuse the service.

4. Connected Integrations

When you connect a third-party service (such as Square, Clover, SendGrid, or Twilio), you authorize PointVibe to access it with the permissions you grant — for point-of-sale services this is read-only access to payment and customer data used to award loyalty points. Your use of those third-party services is governed by their own terms, and you are responsible for maintaining your accounts and the accuracy of the credentials you provide.

5. Your Responsibilities and Customer Data

You are the controller of your customers' personal data. You represent that you have all necessary rights, notices, and consents (including consent for marketing messages sent via email, SMS, or WhatsApp) to collect that data and to have PointVibe process it on your behalf. You will comply with all applicable laws, including privacy, anti-spam, and consumer-protection laws.

6. Acceptable Use

You will not use PointVibe to send unlawful or unsolicited messages, infringe the rights of others, transmit malware, or interfere with or disrupt the service.

7. Fees

Paid plans are billed as described at sign-up through our payment processor. Fees are non-refundable except as required by law or expressly stated. We may change pricing with reasonable notice.

8. Intellectual Property

PointVibe and its software, content, and trademarks are owned by the Service Provider. You retain ownership of your data and grant us the rights necessary to provide the service.

9. Disclaimers

The service is provided "as is" and "as available" without warranties of any kind, to the maximum extent permitted by law. We do not guarantee uninterrupted or error-free operation, or that loyalty awards will be calculated without delay due to the availability of third-party point-of-sale or messaging providers.

10. Limitation of Liability

To the maximum extent permitted by law, PointVibe will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our total liability for any claim is limited to the amount you paid us in the twelve (12) months before the claim arose.

11. Indemnification

You will indemnify and hold harmless PointVibe from claims arising out of your data, your customers, your use of the service, or your breach of these Terms or applicable law.

12. Termination

Either party may terminate as described in your plan. Upon termination, your right to use the service ends, and we may delete your data after a reasonable period, subject to legal requirements.

13. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located in Ontario, Canada.

14. Changes

We may update these Terms from time to time. We will post changes on this page, and your continued use of the service after changes take effect constitutes acceptance of the updated Terms.

15. Contact

If you have any questions about these Terms, please contact us at info@pointvibe.app.

These Terms are effective as of 2026-06-07.