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Terms of Service

Last updated: 12-05-2026 Effective date: 12-05-2026

These Terms of Service (“Terms“) form a binding agreement between you and ScanPerks (“ScanPerks,” “we,” “us,” or “our“) and govern your access to and use of the ScanPerks website, platform, dashboard, QR codes, APIs, and related services (collectively, the “Services“).

By creating an account, using the Services, or clicking “I agree,” you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Who Can Use the Services

You may use the Services only if:

  • You are at least 18 years old, or the age of majority in your jurisdiction, whichever is greater.
  • You have the legal capacity and authority to enter into a binding agreement.
  • You are not barred from using the Services under applicable law.

If you are using the Services on behalf of a business or organization (a “Business Customer“), you represent that you have authority to bind that organization to these Terms. References to “you” include both you personally and the organization you represent.

2. Account Registration

To use most features, you must register an account. You agree to:

  • Provide accurate, current, and complete information.
  • Maintain the security and confidentiality of your login credentials.
  • Promptly update your account information when it changes.
  • Notify us immediately of any unauthorized access or use of your account.

You are responsible for all activity that occurs under your account. We may suspend or terminate accounts that contain false information or are used in violation of these Terms.

3. The Services

ScanPerks provides a referral and loyalty marketing platform that enables Business Customers to:

  • Create branded QR campaigns and referral programs.
  • Distribute rewards such as points, discounts, cashback, free products, and exclusive perks.
  • Track referrals, conversions, and customer engagement in a dashboard.
  • Build loyalty and customer advocacy programs.

We may modify, update, or discontinue features at any time. We will use reasonable efforts to notify you of material changes.

4. Subscriptions, Fees, and Payments

a) Plans and Pricing

Certain Services are offered under paid subscription plans. Pricing, features, and billing cycles are described on our website or in your order form. All fees are exclusive of taxes unless stated otherwise.

b) Billing

By providing payment information, you authorize us (or our payment processor) to charge the applicable fees on a recurring basis according to your selected plan. Subscriptions automatically renew until canceled.

c) Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. Except where required by law, fees already paid are non-refundable.

d) Price Changes

We may change pricing with at least 30 days’ notice. Changes apply to the next billing cycle.

e) Late Payment

If a payment fails, we may suspend or restrict your access to the Services until the balance is paid.

5. Your Responsibilities as a Business Customer

If you use the Services to run campaigns, you are responsible for:

  • Reward fulfillment: honoring all rewards, perks, points, discounts, cashback, and prizes you offer through ScanPerks. ScanPerks is not responsible for fulfilling rewards owed to Participants.
  • Legal compliance: complying with all applicable laws, including consumer protection, advertising, sweepstakes, contest, lottery, anti-spam (CAN-SPAM, CASL, GDPR ePrivacy), and data protection laws.
  • Truthful marketing: ensuring your campaigns, claims, and reward terms are accurate, non-deceptive, and clearly disclose any conditions.
  • Privacy: maintaining your own privacy policy that accurately describes how you collect and use Participant data through ScanPerks, and obtaining all necessary consents from Participants.
  • Tax obligations: determining and meeting any tax obligations related to the rewards you distribute.
  • Disputes with Participants: resolving any disputes with your Participants directly.

You agree that ScanPerks acts as a data processor on your behalf with respect to Participant data and that you are the data controller. Where applicable, a separate Data Processing Agreement may apply.

6. Acceptable Use

You agree not to use the Services to:

  • Violate any law, regulation, or third-party right.
  • Run campaigns related to illegal goods or services, illegal gambling, adult content, hate speech, weapons, controlled substances, or other prohibited categories.
  • Engage in deceptive, fraudulent, or manipulative referral activity (such as self-referrals, bot-driven scans, fake accounts, or incentivized fake reviews where prohibited).
  • Send unsolicited messages or spam in violation of anti-spam laws.
  • Upload content you do not have the right to use, or that infringes intellectual property, privacy, or publicity rights.
  • Upload viruses, malware, or harmful code.
  • Reverse engineer, decompile, or attempt to extract the source code of the Services, except where this restriction is prohibited by law.
  • Access the Services using automated means without our express written permission, including scraping, crawling, or bypassing rate limits.
  • Resell, sublicense, or commercially exploit the Services without authorization.
  • Interfere with the proper operation of the Services or attempt unauthorized access to other accounts or systems.

We may investigate suspected violations and suspend or terminate accounts at our discretion.

7. Participant Rewards

Rewards offered through ScanPerks are provided by Business Customers, not by ScanPerks. ScanPerks is not a party to the agreement between a Business Customer and a Participant. We do not guarantee that any reward will be honored, that any campaign will succeed, or that any referral will result in conversions.

8. Intellectual Property

a) Our IP

ScanPerks and its licensors own all rights, title, and interest in the Services, including software, designs, logos, trademarks, dashboards, and documentation. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms.

b) Your Content

You retain ownership of the content you upload (logos, brand assets, campaign copy, customer data, etc.) (“Your Content“). You grant ScanPerks a worldwide, non-exclusive, royalty-free license to host, store, process, display, and transmit Your Content as necessary to operate the Services on your behalf.

c) Feedback

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction.

9. Privacy

Your use of the Services is also governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference.

10. Third-Party Services

The Services may integrate with third-party services (payment processors, analytics, email delivery, social platforms). Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services.

11. Suspension and Termination

We may suspend or terminate your access to the Services if:

  • You breach these Terms.
  • We reasonably believe your account poses a security, fraud, or legal risk.
  • Required by law or regulatory authority.
  • Non-payment of fees.

You may terminate by canceling your subscription and deactivating your account. Upon termination:

  • Your right to use the Services ends immediately.
  • We may delete Your Content after a reasonable retention period, subject to legal obligations.
  • Sections intended to survive termination (including IP, indemnification, disclaimers, limitations of liability, and dispute resolution) will remain in effect.

12. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT GUARANTEE ANY SPECIFIC BUSINESS RESULTS, REFERRAL VOLUMES, CONVERSION RATES, OR REVENUE OUTCOMES.

Some jurisdictions do not allow exclusion of certain warranties. In those jurisdictions, the above exclusions apply to the maximum extent permitted by law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • IN NO EVENT WILL SCANPERKS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
  • SCANPERKS’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED US DOLLARS (USD $100).

Some jurisdictions do not allow these limitations. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless ScanPerks and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of:

  • Your use of the Services.
  • Your breach of these Terms.
  • Your violation of any law or third-party right.
  • Your campaigns, rewards, or interactions with Participants.
  • Your Content.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by posting the updated version with a new “Last updated” date and, where appropriate, by email or in-app notice. Your continued use after the changes take effect constitutes acceptance.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Texas, and you and ScanPerks consent to the personal jurisdiction of such courts.

Optional Arbitration Clause (confirm with legal counsel): Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its then-current rules, in the State of Texas, USA. The arbitration shall be conducted in English. Either party may seek injunctive or equitable relief in court for intellectual property infringement or unauthorized use of the Services.

17. Miscellaneous

  • Entire agreement: These Terms, together with any order form and the Privacy Policy and Cookie Policy, constitute the entire agreement between you and ScanPerks.
  • Severability: If any provision is held unenforceable, the remaining provisions remain in effect.
  • No waiver: Failure to enforce any provision is not a waiver of our right to enforce it later.
  • Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • Force majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
  • Notices: We may send notices to the email address on your account. You may send notices to legal@scanperks.com.

18. Contact Us

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

ScanPerks legal@scanperks.com