Subscription AgreementEffective Date: 9/14/2024
This Subscription Agreement (the “Agreement”) governs your subscription to and use of the services provided by WallyRewards, Inc., a duly organized [Insert jurisdiction] corporation (“WallyRewards”), and constitutes a binding legal agreement between you (the “Customer”) and WallyRewards.
By accessing or using the WallyRewards Services (as defined below), or by clicking “I Accept,” “Sign Up,” or similar, you acknowledge that you have read, understood, and agreed to be bound by this Agreement.
1. Eligibility and Authority
If you are using the Services as an individual:
All references to “Customer” refer to you personally.
You represent and warrant that you are at least 18 years of age (or the legal age of majority in your jurisdiction), and that you have the legal authority to enter into this Agreement.
If you are using the Services on behalf of a business, organization, or other entity:
“Customer” refers to that entity.
You represent and warrant that you are authorized to bind that entity to this Agreement.
2. Binding Effect
This Agreement becomes effective upon the earliest of the following events:
Your access or use of any part of the Services.
Your agreement to these terms via a click-through process.
The execution of an order form, online purchase, or written agreement (each, an “Order”) referencing this Agreement.
3. Orders and Scope of Use
This Agreement governs all Orders under which Customer subscribes to WallyRewards' proprietary services, software, tools, or platforms designed to operate digital customer loyalty programs and related business features (collectively, the “Services”).
Subject to each Order and this Agreement, Customer is granted a limited, non-exclusive, non-transferable right to access and use the Services for its internal business operations during the applicable Order term.
4. Service Availability
WallyRewards commits to making the Services available at least 99.8% of the time each calendar month, excluding any period of unavailability due to planned maintenance, force majeure, third-party service failures, or unauthorized Customer activity (“Exceptions”).
If availability falls below this threshold for two consecutive months, Customer may terminate the impacted Order upon 30 days’ written notice, and WallyRewards will issue a pro-rated refund for unused prepaid fees.
5. Support
WallyRewards provides technical support via email to designated Authorized Users. Although no specific resolution times are guaranteed, WallyRewards will respond to support requests within 48 hours during regular business days.
Customer’s exclusive remedy for any failure of support shall be re-performance of the applicable support function.
6. Security and Data Privacy
6.1. WallyRewards’ Obligations
WallyRewards will implement and maintain industry-standard administrative, technical, and physical safeguards to protect the Services and Customer Data from unauthorized access, loss, or disclosure.
6.2. Customer Responsibilities
Customer is responsible for:
Properly configuring the Services.
Enabling secure access controls (e.g., SSO).
Protecting passwords, API keys, and other authentication credentials (“Customer Credentials”). Customer shall notify WallyRewards immediately upon any suspected unauthorized access or compromise of credentials or data.
6.3. Data Usage and Limitations
WallyRewards does not require or intend for Customer to upload Sensitive Information (e.g., health data, financial account numbers, government IDs). Customer must limit the inclusion of personal data in its use of the Services and shall avoid transmitting unnecessary or sensitive personal data.
Documentation provided by WallyRewards includes guidance for filtering and masking personal data before submission.
6.4. Data Processing
WallyRewards may process the following categories of data:
Account Data (e.g., user registration information).
Customer Data (content and data uploaded by Customer).
Usage Data (information about how the Services are accessed and used).
WallyRewards processes this data:
To deliver and support the Services.
To manage Customer’s account.
To improve performance, security, and user experience.
To provide analytics and reporting to the Customer, where applicable.