Terms of use

This document is the agreement between you and Meu Cartão Fidelidade. It explains what we deliver, what we charge, what we expect of you and, above all, what you take on when you enter your customers' data into our platform. Please read it: by creating an account or signing in, you agree to everything set out here.

1. Who we are and who you are

Meu Cartão Fidelidade is a loyalty programme management service provided by EMBLEMMA TECNOLOGIA LTDA, CNPJ 68.144.255/0001-61, Av. Advogado Horácio Raccanello Filho, 6326, Sala 7, CEP 87020-035, Maringá – PR. Trademark registered with the Brazilian INPI under No. BR512024004613-5.

Throughout this document:

• "We", "us", "our" or "the platform" means Meu Cartão Fidelidade.
• "You" or "the subscriber" is the individual or company that subscribes to the service and operates the account.
• "End customer" is a person whose data you enter into the platform so they can take part in your loyalty programme — your business's customer, not ours.
• "Account" is the isolated environment holding your settings, your end customers and your history.

The distinction between you and the end customer runs through this whole agreement. You decide which customers to register, which data to collect and which messages to send. We carry out those decisions and make none of them on our own initiative.

2. What the service does

The platform lets you register end customers, award points per visit or per amount spent, manage rewards and redemptions, keep each customer's history, issue a virtual loyalty card, and send automatic balance and birthday messages by e-mail or SMS.

The service is delivered as software over the internet, as it is, with the features available at the time of use. We do not sell software for installation, we do not build features to order as part of a subscription, and we do not promise features that do not yet exist.

We are not a financial institution, a payment provider, a card issuer or a sales intermediary. The points and rewards in your programme are not currency, credit or a security: they are a commercial rule of yours that the platform merely records. What a point is worth, what it can be exchanged for and for how long are entirely your decisions, and honouring them to your customer is your responsibility.

3. Your account and your credentials

To use the platform you need an account with a valid e-mail address and a password. The account is personal and non-transferable, and you are answerable for everything done inside it.

• Keep your registration details accurate and current — the registered e-mail address is where we send billing, security and contract-change notices.
• Look after your password. Do not share it and do not reuse it on other services.
• Each plan allows a number of concurrent sessions. Sharing credentials with more people than your plan allows is a breach of this agreement, not a technical limit to be worked around.
• Tell us at once, using the contact address at the end of this document, if you suspect someone has accessed your account without authorisation.

We have no access to your password and cannot recover it — we can only send a reset link to the registered e-mail address. Losing access to that address may mean losing access to the account.

4. Plans and limits

The service is offered in plans, and each plan has its own limits. The limits and prices in force are those shown on the plans screen inside the system, which prevails over any earlier promotional material.

What the limits govern

• How many end customers the account holds.
• How many concurrent sessions the same account allows.
• How many messages (SMS and e-mails) go out per month, counted afresh each month.
• Whether the virtual loyalty card is available.

What happens when you reach a limit

Reaching a limit blocks the matching action, not the account: with the customer limit reached you carry on awarding points, looking customers up and giving out rewards for everyone already registered, but cannot add anyone new until you free up space or change plan. With the monthly message allowance used up, automatic sending stops. We warn you inside the system as you approach a limit.

Plan changes take effect immediately. Moving down to a plan whose limit the account already exceeds deletes nothing: the data stays and remains accessible, and only new additions are blocked until the account fits.

5. Prices, billing and renewal

The subscription is recurring and charged in advance for the period subscribed, renewing automatically at the end of each period until you cancel. Payments are processed by Stripe; we do not store card numbers on our systems.

• We may change prices, giving at least 30 days' notice to your registered e-mail address. The new price applies from the following renewal, and you may cancel before it if you do not agree.
• Applicable taxes and fees may be added to the advertised price.
• If a payment fails we notify you by e-mail and try again. If non-payment continues, access to the account may be suspended.
• Suspension for non-payment deletes nothing. Your data is kept for the period set out in clause 12, and access is restored once payment is settled.

6. Trial, cancellation and refunds

Where a trial period is offered it is free, and you may end it at any time before it expires at no charge. If you do not cancel before the trial ends, the subscription starts and the first payment is taken.

You may cancel the subscription whenever you like, in the system itself or by writing to the contact address. Cancelling ends future renewals and access continues to the end of the period already paid for — we do not pro-rate and do not refund the unused part of the current period, except as set out in the next paragraph.

Right of withdrawal: because this is a distance contract, you may withdraw from your first subscription within 7 (seven) calendar days of the first payment and receive a full refund, simply by asking at the contact address. This applies once, to the initial subscription, and not to renewals.

Beyond those cases, refunds are considered individually, and material unavailability of the service for reasons attributable to us is a legitimate ground to ask for one.

7. Your customers' data is your responsibility

This is the most important clause in this agreement. For your end customers' data you are the controller and we are the processor, under the Brazilian General Data Protection Law (Law 13,709/2018, the LGPD), which governs this agreement. You decide what to collect and why; we process that data only to operate the service and only on your instructions.

By entering an end customer into the platform, you represent and warrant that you:

• have a lawful basis for processing that data, obtaining consent where consent is the applicable basis, in particular for promotional messages;
• have told your customer plainly that their data will be used in your loyalty programme and is processed by a technology provider on your behalf;
• collect only the data your programme needs, and do not use the platform to store sensitive data such as health information, biometrics, religion, racial origin or political opinion;
• answer your customers' requests about their own data — access, correction, deletion, portability and withdrawal of consent;
• have obtained a guardian's consent where the end customer is a minor.

We do not use your end customers' data for our own purposes, do not sell it, do not share it with other subscribers and do not use it for advertising. If an end customer contacts us directly about their data, we pass the request to you, who have the duty to answer.

The Privacy Policy sets out in detail which data we process, whom we share it with in order to run the service, and how long we keep it. It forms part of this agreement.

8. Acceptable use

In using the platform you agree not to:

• use it for any unlawful, fraudulent or deceptive purpose, or for an activity requiring a licence you do not hold;
• send messages to people who have not agreed to receive them, or use the platform's messaging for spam or for content unrelated to your loyalty programme;
• enter third parties' data without a lawful basis, or enter data you know to be false;
• resell, sublicense, rent out or present the platform as a service of your own, or give account access to anyone outside your business;
• copy, decompile, reverse-engineer or attempt to extract the source code, or use the platform to build a competing product;
• overload the infrastructure, circumvent plan limits, automate access at abnormal scale, or attempt to reach other subscribers' accounts and data;
• test the security of the system without our prior written permission.

Found a security flaw? Write to the contact address at the end of this document before disclosing it. Good-faith reports are welcome and will not be treated as a breach of this clause.

9. Messages to end customers

The platform sends e-mails and SMS to your end customers when you configure it to: a balance notice when points are awarded, a birthday greeting, and delivery of the virtual card. Each send is an instruction of yours, made on your behalf, carrying your business's name in the message.

• You write the content of the configurable messages, and it is your responsibility.
• Sends draw on your plan's monthly allowance and stop when it is used up.
• Delivery depends on mobile carriers, e-mail providers and spam filters. We send; we cannot guarantee receipt or how long it takes.
• We may suspend sending that draws spam complaints or looks like misuse, and will tell you if we do.

10. Intellectual property

The platform, its code, its design, the Meu Cartão Fidelidade brand and everything that makes it up are ours and remain ours. The subscription grants you a personal, limited, revocable, non-exclusive licence to use it while the subscription is in force, and transfers no rights in the product.

The data you enter is yours and stays yours. So does the logo and any other material you upload. To run the service you permit us to store, process and display that content as far as needed to deliver the features you subscribed to — showing your logo on the virtual card and in the e-mails sent to your customers, for instance. That permission exists for that purpose and ends when the content or the account is deleted.

Suggestions and ideas you send us may be used to improve the product, without creating any obligation to pay or to keep them confidential — which does not permit us to disclose your data or your business's name.

11. Availability, support and maintenance

We work to keep the platform available and reachable, but we do not promise uninterrupted availability and this version of the agreement does not offer a service level agreement with a guaranteed percentage.

• Planned maintenance is preferably carried out at quieter times and, where material downtime is expected, announced in advance.
• Interruptions may arise from infrastructure providers' failures, from your connection, from attacks, or from other events outside our control.
• Support is provided at the contact address, on business days. We answer as quickly as we can, with no contractual response time.
• We may change, improve or discontinue features. Where a discontinuation is material we give at least 30 days' notice to your registered e-mail address.

The platform is not a substitute for your own controls. We recommend keeping records of whatever is essential to your business and using the data export from time to time.

12. Limitation of liability

We are answerable for direct loss we cause through a proven failure of ours, up to the total amount you paid in the 12 (twelve) months before the event — or, if the subscription is younger than 12 months, the total paid to date.

We are not answerable for lost profits, lost commercial opportunity, reputational harm, indirect loss, or the consequences of: data you entered incorrectly; loyalty programme rules you set; messages that did not arrive because of a carrier, provider or spam filter; use of the account by someone you gave access to; or unavailability caused by third parties or by an event beyond our reasonable control.

Nothing in this clause excludes liability that the law does not permit to be excluded. Where applicable consumer legislation is more protective than this agreement on any point, that legislation prevails on that point.

13. Suspension, termination and what happens to the data

You may close the account at any time in the system itself. Closing it requires your password, cancels the subscription, and deletes your registration details, your settings, your end customers and the files you uploaded.

We may suspend or terminate access, with notice to your registered e-mail address, for non-payment, for breach of this agreement, or for use that puts the platform or other subscribers at risk. For a serious breach — unlawful activity, an attack on the infrastructure, use of third parties' data without a lawful basis — suspension may be immediate. We may also close, always with the notices and deadlines below, an account without an active subscription — free, or cancelled and past its paid period — that remains without any activity for more than 90 (ninety) days.

• Before we terminate on our own initiative, other than for a serious breach, you have 30 (thirty) days to export your data.
• After termination we keep the data for up to 90 (ninety) days so the account can be reactivated, and then delete it.
• Records the law requires us to keep — tax documents and access logs, for example — are kept for the statutory period even after the rest is deleted.
• You may ask for immediate deletion, without waiting the 90 days, at the contact address.

14. Changes to this agreement

We may change these terms. Material changes — those affecting prices, limits, liability or the handling of data — are notified to your registered e-mail address at least 30 days in advance. Wording changes and corrections take effect on publication.

The date at the top of this document shows when it was last changed. Continuing to use the platform after a change takes effect means accepting the new version; if you do not agree, you may cancel beforehand at no penalty.

15. General

• This agreement, together with the Privacy Policy, is the entire agreement between the parties about the service and replaces earlier understandings.
• You may not transfer this agreement without our written consent. We may transfer it on a corporate reorganisation, merger or sale of the business, with your terms preserved.
• Tolerating a breach is not a waiver of the right to enforce it later.
• If any clause is held invalid, the rest remain in force.

This agreement is governed by Brazilian law. The courts of the subscriber's domicile are chosen for any dispute where consumer legislation applies; otherwise, the courts of our registered office.

Questions about these terms? Write to contato@meucartaofidelidade.com.