Terms of Use

These Terms of Use ("Terms") form a binding agreement between you and Swabzy ("we", "us"). By creating an account or using the Swabzy platform you agree to these Terms. If you are using Swabzy on behalf of a business, you confirm that you are authorized to bind that business.

1. The service

Swabzy provides digital loyalty cards, stamp issuance via QR codes, reward redemption, and related analytics for local businesses and their customers. Features may change as we improve the product.

2. Accounts

• You must provide accurate information and keep it current.
• You are responsible for activity under your account and for keeping your credentials safe.
• A business email may only be used to create a business account; personal customer accounts must use a personal email.
• You must be old enough to form a binding contract in your jurisdiction (and at least 13).

3. Acceptable use

You agree not to:

• Break the law, infringe others' rights, or use Swabzy to defraud customers.
• Issue stamps for transactions that did not occur, or manipulate rewards.
• Upload malicious code, scrape at scale, or interfere with the service.
• Impersonate another person or business.
• Reverse engineer or resell the service without written permission.

4. Business responsibilities

• You are solely responsible for honoring the rewards you publish on your loyalty cards.
• You are responsible for your relationship with your customers, including local consumer-protection rules.
• You act as an independent data controller for the customer data Swabzy shares with you (including display name, username, mobile number, and — where provided — date of birth, gender, stamp progress, redemption history, and menu-visit activity). You must have a lawful basis to collect and further process that data, use it only for legitimate loyalty, customer-retention, marketing, and lead-generation purposes related to your business, honour opt-out and deletion requests promptly, and comply with all applicable privacy and anti-spam laws (including GDPR/UK GDPR, India's DPDP Act, TCPA, CAN-SPAM, and any equivalent local rules).
• You must not sell customer data obtained through Swabzy to third parties, use it to build cross-business marketing lists, or share it with any party other than service providers acting on your behalf under equivalent confidentiality and data-protection terms.

4a. Customer consent to data sharing

By creating a customer account, saving a business's loyalty card, or signing in to view a business's menu, you consent to Swabzy sharing your profile details (display name, username, mobile number, profile picture if provided, and — where you have voluntarily provided them — date of birth and gender) together with your interaction data (stamps, redemptions, menu visits) with the specific business you are interacting with, for loyalty, customer-retention, marketing, and lead-generation purposes. Full details are described in our Privacy Policy. You can withdraw consent for a specific business at any time by removing that business's card from your wallet or by contacting that business directly; withdrawal does not affect processing carried out before you withdrew consent.

4b. Prohibited uses of customer data (businesses)

Customer data shared with a business via Swabzy is licensed to that business strictly for lawful loyalty, customer-retention, marketing, and lead-generation purposes tied to that business's own goods and services. Businesses are expressly prohibited from:

• Selling, renting, licensing, brokering, trading, or otherwise transferring customer data to any third party, including affiliates, data brokers, ad networks, or other merchants.
• Merging Swabzy customer data with data from other sources to build cross-business profiles, enriched marketing lists, or resale databases.
• Using customer data to send unsolicited bulk messages ("spam"), messages unrelated to the business's own products or services, political or religious campaigning, gambling promotions, adult content, or any communication that violates applicable anti-spam, telemarketing, or e-privacy laws (including India's TRAI DND / DLT rules, GDPR/UK GDPR, PECR, TCPA, and CAN-SPAM).
• Contacting customers who have withdrawn consent (removed the card, opted out of marketing, or requested erasure), or continuing processing after Swabzy has notified the business of a withdrawal request.
• Using customer data to harass, threaten, discriminate against, profile in a way prohibited by law, deceive, defraud, price-gouge, or otherwise harm any customer.
• Attempting to re-identify, deanonymise, or scrape customer data beyond what the Swabzy dashboard exposes for that business, or using the API/interface in an automated way beyond normal business use.
• Retaining customer data after closing the business's Swabzy account, after Swabzy terminates access, or beyond the period necessary for the specific purpose it was collected — whichever is shortest — except where retention is required by law.
• Sharing dashboard access, exports, or customer lists with any party outside the business's staff who need it for the permitted purposes, or with any successor entity without notifying Swabzy and honouring all outstanding customer rights.

Businesses must implement reasonable technical and organisational security measures to protect customer data, honour access, correction, deletion, and opt-out requests without undue delay, and report any confirmed data breach to Swabzy at privacy@swabzy.com within 72 hours of becoming aware of it.

Violation of this Section is a material breach of these Terms. Swabzy may, in its sole discretion and without prior notice, suspend or terminate the business's account, revoke access to customer data, require deletion of exported data, notify affected customers and competent supervisory authorities, and pursue any other remedies available at law or in equity. Businesses agree to indemnify Swabzy under Section 10 for any loss, claim, fine, or regulatory action arising from their misuse of customer data.

5. Content you provide

You retain ownership of the content you upload (logos, business details, card artwork). You grant Swabzy a worldwide, non-exclusive license to host, display, and process that content solely to operate and improve the service.

6. Fees and subscriptions

Free features are provided at no cost. Paid plans are billed through our payment processor, Paddle, on a recurring subscription basis until cancelled. Prices, plan limits, and features are described on the pricing page and may change with notice. Refunds are handled under our Refund Policy.

7. Suspension and termination

We may suspend or terminate accounts that violate these Terms, create risk for other users, or fail to pay. You may close your account at any time from settings; unused subscription time is handled under the Refund Policy.

8. Disclaimers

The service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the service will be uninterrupted or error-free.

9. Limitation of liability

To the maximum extent permitted by law, Swabzy will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly. Our total liability for any claim relating to the service is limited to the amount you paid us in the twelve months preceding the claim (or USD 50 if you paid nothing).

10. Indemnity

You agree to indemnify and hold Swabzy harmless from claims arising out of your misuse of the service, your content, or your violation of these Terms or of applicable law.

11. Changes to the service or Terms

We may modify the service or these Terms at any time. Material changes will be posted on this page with an updated date; continuing to use the service after changes take effect means you accept them.

12. Governing law

These Terms are governed by the laws of the jurisdiction where Swabzy is established, without regard to conflict-of-laws principles. Disputes will be resolved in the competent courts of that jurisdiction, unless mandatory local consumer-protection law provides otherwise.

13. Contact

Questions about these Terms? Email support@swabzy.com.