Merchant Terms of Service

1. Acceptance of Terms

By registering for, accessing, or using the FidiPerks merchant platform (the "Platform"), you ("Merchant") agree to be bound by these Merchant Terms of Service ("Merchant Terms"), together with the FidiPerks Terms of Service and Privacy Policy, which are incorporated by reference.

If you are entering into these Merchant Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not have such authority, or do not agree to these terms, you must not use the Platform.

Ashma Technologies Pty Ltd ("FidiPerks", "we", "us") may update these Merchant Terms from time to time. We will provide at least 30 days' notice of material changes. Continued use of the Platform after the effective date constitutes acceptance of the revised terms.

2. Description of Service

FidiPerks provides a digital loyalty platform that enables merchants to:

• Create and manage digital loyalty programmes for their customers
• Award, track, and redeem loyalty points via NFC tap and QR scan
• Run marketing campaigns, streak challenges, and promotional offers
• Access real-time analytics on customer engagement and programme performance
• Embed booking widgets and third-party scheduling tools into the loyalty experience
• Send push notifications, email, and SMS communications to opted-in customers
• Integrate with third-party systems via REST API, webhooks, and API keys

The Platform is provided as software-as-a-service (SaaS). FidiPerks reserves the right to modify, enhance, or discontinue features at any time, provided that core loyalty functionality is not materially degraded without reasonable notice.

3. Merchant Account & Obligations

3.1 Account Registration

To access merchant features you must create an account with accurate and complete information, including a valid business name, email address, and Australian Business Number (ABN) or equivalent. You are responsible for keeping your account information current.

3.2 Account Security

You are responsible for all activity under your account. You must use a strong unique password, restrict access to authorised staff, and notify FidiPerks immediately at support@fidiperks.com if you suspect unauthorised access. Safeguard any API keys generated for your account — treat them as passwords. FidiPerks will not be liable for losses arising from your failure to maintain account security.

3.3 Merchant Conduct

You agree to use the Platform only for lawful business purposes. You must not misrepresent your business to customers, use the Platform to send spam, attempt to reverse-engineer the Platform, award or redeem loyalty points fraudulently, or resell access to the Platform without written consent.

3.4 Compliance with Laws

You are solely responsible for ensuring your use of the Platform complies with all applicable laws, including the Australian Consumer Law, the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth), and any industry-specific regulations relevant to your business.

4. Fees & Billing

4.1 Subscription Plans

Access to the Platform is subject to the subscription plan you select. Current plan pricing is available at fidiperks.com/pricing.html. Fees are billed in Australian Dollars (AUD) unless otherwise stated.

4.2 Free Trial

Paid plans include a 30-day free trial. No charge is made during the trial period. If you do not cancel before the trial ends, you will be automatically charged for the selected plan at the standard monthly rate.

4.3 Payment Processing

All payments are processed by Chargebee. FidiPerks does not store your full card details. By providing payment information, you authorise FidiPerks to charge your nominated payment method on the recurring billing cycle.

4.4 Plan Changes & Proration

Upgrades take effect immediately with unused portion credited pro-rata. Downgrades take effect at the end of the current billing period.

4.5 Late Payments & Suspension

If a payment fails, FidiPerks will re-attempt on three successive days. If payment remains outstanding after 7 days, your account may be suspended. FidiPerks reserves the right to terminate accounts with chronic non-payment after reasonable notice.

4.6 Refunds

Subscription fees are generally non-refundable except where required by the Australian Consumer Law or at FidiPerks' sole discretion. Contact support@fidiperks.com within 30 days of any charge you believe to be in error.

5. Intellectual Property

5.1 FidiPerks Intellectual Property

The Platform, including all software, design, trademarks, logos, and documentation, is and remains the exclusive intellectual property of Ashma Technologies Pty Ltd. These Merchant Terms grant you a limited, non-exclusive, non-transferable licence to access and use the Platform solely for your internal business purposes during the term of your subscription. You may not copy, modify, or create derivative works of any FidiPerks intellectual property without prior written consent.

5.2 Your Content

You retain ownership of all content you upload to the Platform ("Merchant Content"). By uploading Merchant Content, you grant FidiPerks a non-exclusive, royalty-free licence to display, store, and transmit that content solely for the purpose of providing the Platform. You warrant that your Merchant Content does not infringe any third-party rights and is not misleading or unlawful.

5.3 Feedback

If you provide feedback or suggestions regarding the Platform, you grant FidiPerks an unrestricted right to use and incorporate that feedback without obligation or compensation.

6. Liability & Indemnification

6.1 Limitation of Liability

To the maximum extent permitted by law, FidiPerks' total aggregate liability to you for any claim arising out of these Merchant Terms is limited to the total fees paid by you to FidiPerks in the 3 months immediately preceding the event giving rise to the claim. FidiPerks is not liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, data, or customers.

6.2 Australian Consumer Law

Nothing in these Merchant Terms excludes any right or remedy implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.

6.3 Service Availability

FidiPerks aims for high availability but does not guarantee uninterrupted access. Scheduled maintenance will be notified in advance where possible. Enterprise customers with an applicable SLA agreement should refer to that agreement for uptime commitments.

6.4 Merchant Indemnification

You agree to indemnify and hold harmless FidiPerks and its officers, employees, and contractors from any claims, damages, losses, and costs arising from: (a) your use of the Platform in violation of these Merchant Terms; (b) your Merchant Content; (c) your violation of any applicable law; or (d) disputes between you and your customers relating to your loyalty programme.

7. Term & Termination

7.1 Term

These Merchant Terms commence on the date you first register for the Platform and continue until terminated by either party.

7.2 Termination by You

You may cancel at any time via Settings → Subscription → Cancel in your merchant dashboard, or by contacting support@fidiperks.com. Cancellation takes effect at the end of the current billing period.

7.3 Termination by FidiPerks

FidiPerks may suspend or terminate your account immediately, with written notice where practicable, if you breach any material provision of these Merchant Terms and fail to remedy the breach within 14 days, use the Platform for fraudulent or illegal purposes, your account has remained unpaid for more than 30 days, or FidiPerks is required to do so by law.

7.4 Effect of Termination

Upon termination, your licence to use the Platform ceases immediately. FidiPerks will provide a data export of your store's customer and transaction data upon written request within 30 days, after which your data will be deleted in accordance with FidiPerks' data retention policy. Sections 5, 6, and 8 survive termination.

8. Customer Marketing Rights & Data Usage

8.1 FidiPerks Platform Marketing Rights

By participating in the FidiPerks loyalty platform as a merchant, you acknowledge and agree that:

A. Platform Communications to Your Customers

FidiPerks may send platform-related marketing communications to customers who:

1. Have enrolled in your loyalty program through FidiPerks
2. Have provided explicit marketing consent
3. Have not opted out of FidiPerks platform communications
4. Meet all applicable legal requirements for marketing communications

B. Types of Communications

FidiPerks may communicate with your customers about:

• Platform Features: Information about FidiPerks platform updates, new features, and benefits
• Multi-Store Benefits: Opportunities to join other participating stores' loyalty programs
• Cross-Promotions: Collaborative promotions involving multiple merchants (with advance notice to you)
• Platform Engagement: Tips to maximize rewards, seasonal campaigns, and loyalty program best practices
• Local Merchant Discovery: Information about other FidiPerks merchants in the customer's geographic area

C. What FidiPerks Will NOT Do

FidiPerks commits to NEVER:

• Directly promote competing businesses to your customers without your consent
• Sell or share your customers' personal information with third parties for independent use
• Share individual transaction details or purchase history with other merchants
• Send communications to customers who have opted out
• Override customer marketing preferences or consent settings

8.2 Your Rights as a Merchant

A. Opt-Out Rights

You may request to:

1. Exclude Your Store: Opt your business out of cross-promotional campaigns involving specific competitors or categories
2. Review Communications: Preview platform-wide marketing content that will be sent to your customers (available upon request)
3. Limit Exposure: Request that your customers are not included in campaigns promoting direct competitors (subject to approval)

B. Direct Marketing Rights

You retain full rights to:

1. Send marketing communications directly to your customers through FidiPerks (subject to customer consent)
2. Create and schedule your own promotional campaigns
3. Access and market to your customer base independently of FidiPerks platform communications
4. Set your own reward structures, promotions, and loyalty program rules

8.3 Customer Privacy & Data Protection

A. Data Sharing Transparency

What Data FidiPerks May Use:

• Customer email addresses and phone numbers (with marketing consent)
• First name and general demographic information (for personalization)
• Store membership status (e.g., "Member of Café XYZ")
• Geographic location (city/suburb level for local merchant suggestions)
• Aggregated, anonymized behavior patterns

What Data is NEVER Shared:

• Individual transaction amounts or purchase history (except to the specific merchant)
• Payment information or financial data
• Detailed personal information (addresses, full phone numbers)
• Customer passwords or authentication credentials
• Proprietary business metrics or competitive intelligence

B. Customer Consent Management

FidiPerks maintains a sophisticated consent management system where:

1. Granular Control: Customers can manage marketing preferences per-store and per-channel (email, push, SMS)
2. Easy Opt-Out: Every marketing communication includes clear unsubscribe options
3. Separate Preferences: Customers can opt-out of FidiPerks platform marketing while remaining in your store's loyalty program
4. Transactional Protection: Transaction notifications (rewards earned, redemptions) are never affected by marketing opt-outs

C. Compliance Commitment

FidiPerks commits to full compliance with:

• GDPR (General Data Protection Regulation)
• Australian Privacy Act 1988
• Spam Act 2003 (Australia)
• CAN-SPAM Act (United States)
• All applicable international privacy and marketing regulations

Our Compliance Standards:

• All customer consent is explicitly obtained with clear, specific language
• Opt-out requests are processed within 24 hours
• Detailed audit logs are maintained for all marketing consent changes
• Regular privacy audits and security assessments
• Immediate notification of any data breaches (as required by law)

8.4 Merchant Responsibilities

A. Customer Disclosure

1. Inform Customers: Make reasonable efforts to inform customers that enrollment in FidiPerks includes platform-wide benefits and communications
2. Consent Transparency: Do not mislead customers about the scope of marketing communications they may receive
3. Platform Benefits: Accurately represent the FidiPerks platform and its multi-store benefits

B. Compliance Cooperation

1. Honor Opt-Outs: Respect all customer marketing preferences and opt-out requests
2. Data Accuracy: Provide accurate customer information and promptly update any changes
3. Report Issues: Notify FidiPerks of any customer complaints, data issues, or consent concerns
4. Audit Cooperation: Cooperate with privacy audits and compliance reviews as needed

C. Prohibited Actions

You may NOT:

1. Misrepresent the FidiPerks platform or its marketing practices to customers
2. Access or attempt to access other merchants' customer data
3. Encourage customers to provide false consent or marketing preferences
4. Use FidiPerks customer data for purposes outside the platform without separate consent
5. Share FidiPerks customer data with third parties

8.5 Questions & Contact

If you have questions about these Customer Marketing Rights, merchant support, legal inquiries, or data privacy concerns, please contact us at support@fidiperks.com.