Terms of Use for Users
Agreement on Using Staaamp
This document (“Agreement”) sets forth the terms of use for the Staaamp mobile application (“Staaamp” or the “Application”), which is owned and operated by me, Paweł Warawko, acting as a private individual residing in Poland (hereinafter referred to as “I” or the “Developer”).
Acceptance of Terms
By downloading, installing, or using the Staaamp Application on any mobile device, you, the user, agree to be bound by these Terms of Use, which may be updated from time to time. If you do not agree with these terms, please do not install or use the Staaamp Application.
1.0 Fair and Responsible Use
1.1 Usage Restrictions
Staaamp, intended as a loyalty program application, is provided by me free of charge and solely for your personal, non-commercial use. You are prohibited from using Staaamp for commercial or business purposes, as well as for resale, without my explicit written consent.
1.2 Account Information Security
You are responsible for maintaining the confidentiality of your account information, including your phone number (if you use it for registration) and any other authentication data, if applicable. Please take reasonable measures to prevent unauthorized access to or use of your account.
1.3 Prohibition of Interference
You are prohibited from interfering with the operation of the Application or attempting to gain unauthorized access to related networks, systems, or services. You must not modify, alter, decompile, or otherwise tamper with the functionality of Staaamp without my consent.
2.0 Right of Refusal
2.1 Modification of Offers
The offers, loyalty programs, discounts, and rewards available through Staaamp are created and defined by the respective businesses (establishments). These businesses may modify the terms of their offers at any time. I am not responsible for the content or conditions of such offers.
2.2 Changes to Terms
I reserve the right to change, revise, or update the terms and conditions governing the use of the Staaamp Application at my sole discretion. Such changes may be made to improve functionality, comply with changes in the law, or for other reasons. By continuing to use the Application after changes are made, you agree to the updated terms.
2.3 Termination of Membership
I have the right to terminate your access to the Application if it is determined that you have violated these Terms of Use or applicable laws. Such termination may occur without prior notice.
3.0 Information About You
3.1 Collection and Use of Personal Information
You may use the Staaamp Application without registering with a phone number. In this case, you will be assigned a unique internal identifier, enabling you to use the Application’s functionality without providing Personal Information. However, if you later delete or reinstall the Application, change your device, or otherwise lose access to this unique identifier, I am not responsible for restoring your data or saved settings.
If you wish to securely associate your account with your identity, I recommend registering using your phone number (Personal Information). This will allow you to recover access to your account if the Application is deleted or reinstalled. For more detailed information on how I process your data, please consult my Privacy Policy.
3.2 Compliance with Data Protection Laws
I am committed to protecting your privacy and complying with applicable data protection laws, including the General Data Protection Regulation (GDPR), if it applies to you. For additional details on how I process your data, please review my Privacy Policy.
3.3 Disclosure of Personal Information
I do not sell or transfer your personal information to third parties without legal grounds or without your consent. I use your data solely to provide the Application’s functionalities and improve the quality of my service.
3.4 Non-Social Network Functionality
Staaamp is not intended to function as a social network. It does not provide messaging or data exchange features between users. The Application focuses on providing loyalty programs and displaying relevant offers from establishments.
4.0 Limitation of Liability and Indemnification
4.1 Disclaimer of Claims
By using the Staaamp Application, you agree to release me (Paweł Warawko), as well as any potential partners or affiliated service providers (such as hosting or communication services), from any claims, losses, or damages arising from your use of or inability to use the Application.
4.2 Limitation of Liability
The Application is provided “as is” and at your own risk. I am not liable for any direct or indirect damages, including lost profits, data loss, or other intangible harm, resulting from the use of or inability to use the Application, even if I have been advised of the possibility of such damages. As the Application is offered free of charge, my aggregate liability is limited to the maximum extent allowed by law.
4.3 Indemnification
You agree to indemnify and hold me harmless from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Application or your violation of these Terms of Use.
5.0 Governing Law and Jurisdiction
5.1 Governing Law
These Terms of Use and your interaction with the Application shall be governed by the laws of Poland. Any disputes will be interpreted in accordance with Polish law, without regard to conflict-of-law principles.
5.2 Jurisdiction
You agree that any disputes arising out of or relating to these Terms or your use of the Application shall be subject to the jurisdiction of the competent courts in Poland. By using the Application, you consent to this jurisdiction and venue.
6.0 Miscellaneous
6.1 Severability
If any provision of these Terms is found to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions. The invalid provision shall be modified to the extent necessary to render it valid and enforceable.
6.2 Assignment of Rights
I reserve the right to assign any or all of my rights and obligations under these Terms to another party without prior notice and without your consent. You may not assign or transfer any of your rights or obligations without my written approval.
6.3 Entire Agreement
These Terms of Use constitute the entire agreement between you and me, Paweł Warawko, regarding your use of the Staaamp Application, and supersede any prior agreements or understandings, whether written or oral, concerning the subject matter herein.
6.4 Changes
I reserve the right to change or update these Terms of Use at any time. The latest version of the Terms will be available on my website or within the Application. You are encouraged to review them periodically. The date of the most recent changes will be indicated in these Terms. By continuing to use the Application after changes are made, you agree to the updated version.
Terms of Use for Businesses
Business Terms and Conditions Agreement
This Business Terms and Conditions Agreement (“Agreement”) governs the relationship between any business, organization, or authorized representative of a business (hereinafter referred to as “you” or the “Business”) and me, Paweł Warawko (hereinafter referred to as “I”, “me”, or the “Developer”), acting as a private individual, with respect to the use of the Staaamp loyalty program (“Services”) provided through the Staaamp mobile application (“Application”). This Agreement also applies to any related digital platforms (“Platforms”) and web portals (“Portal”), if such are provided by me.
Acceptance of Terms
By accessing the Platforms or the Portal, you, as a Business, confirm that you have read, understood, and agree to these Terms. Please review this Agreement carefully before using the Services I provide.
1.0 Services
1.1 Provision of Services
I enable Businesses to create and manage loyalty programs for their customers using the Staaamp Application. The Application is accessible to end-users (visitors) and allows them to collect digital “stamps” and receive rewards when visiting the Business’s premises under the conditions you set.
1.2 Activation of Loyalty Programs
Your loyalty program will be displayed in the Application once you provide the necessary information (number of stamps, rewards, establishment name, brand color, and optionally a logo) and confirm it in the Application.
1.3 Changes Upon Request
You may independently modify your loyalty program through the Application interface. I will, where feasible, assist with reasonable adjustments requested by you.
1.4 Mandatory Changes
I reserve the right to unilaterally make changes to your loyalty program if required by law, security considerations, or operational standards. Such changes may be implemented without prior notice.
1.5 Platform Compatibility
I reserve the right to determine and modify the operating systems on which the Application is supported, with the aim of optimizing functionality and security.
1.6 Non-Social Network Functionality
The Staaamp Application is not a social network and is not intended for exchanging messages or data between users or between businesses. It provides loyalty program functionality rather than social interaction.
2.0 Account Creation Requirement
To use the Services, you must create a business account within the Application. Registration is carried out using a phone number for authentication. You must provide your establishment’s name and select a brand color. Providing a logo is optional but recommended.
3.0 Business Offerings
3.1 Configuring Your Offer
You are responsible for defining the structure of your loyalty program: the number of stamps required to receive a reward, as well as the nature of the rewards themselves. These conditions will be displayed to your customers through the Application.
3.2 Information Display
You must place an informational poster with a QR code at your point of sale, enabling the download of the Staaamp Application. Upon request, I will provide you with a QR code file via email so that you can print it, or I may provide the poster in person. This QR code will direct users to the appropriate app store (App Store or Google Play) to install the Staaamp Application.
3.3 Rewards for Participants
Users (your customers) who accumulate the number of stamps you have set are entitled to a reward according to your conditions. You independently determine the criteria for issuing stamps (for example, for each qualifying purchase).
3.4 Dispute Resolution
Any disputes or claims related to your loyalty program must be resolved directly between you and the customer. I am not a party to such disputes and am not responsible for their outcome or resolution.
4.0 Communication and Data
4.1 Communication Channels
Electronic interactions with participants may be carried out through the Application’s functionality (if available) or other agreed methods. I do not provide social network-like communication features for interacting directly with customers.
4.2 Data Ownership
All transaction records, participant data, or statistics generated through the Application remain under my control. I will not transfer this data to third parties without legal grounds or your consent. I may provide you with aggregated or specific data about your participants as set forth in my Privacy Policy or other agreements.
4.3 GDPR Compliance
You must use any participant data obtained from me in accordance with my Privacy Policy and applicable data protection laws (including national laws and the GDPR, if applicable). You may not use participants’ contact information in ways that violate anti-spam or data protection laws.
4.4 Participants’ Data Rights
Participants may request copies of their personal data or request its deletion. You are obliged to respect their rights in accordance with applicable laws. More detailed information is provided in my Privacy Policy.
5.0 My Obligations
5.1 Displaying Loyalty Programs
I will make reasonable efforts to ensure the availability and visibility of your loyalty program in the Application, maintaining seamless operation and proper display of your offers.
5.2 Program Implementation
I will endeavor to publish your loyalty program and deliver related services in a timely and efficient manner, subject to technical capabilities and legal requirements.
6.0 Business Responsibilities
6.1 Obligations and Warranties
As a Business, you guarantee the following:
6.1.1 Security Measures
You will take measures to prevent unauthorized access to the Application or data.
6.1.2 Accuracy of Information
You will provide accurate, up-to-date, and truthful information about your offers and establishment.
6.1.3 Copyright and Permissions
You possess the necessary rights or permissions to use any logos, images, and materials uploaded to the Application.
6.1.4 Virus-Free Materials
You will not upload or distribute materials containing malicious software.
6.1.5 Legal Compliance
You will ensure that your loyalty program and its offers comply with applicable laws, regulations, and do not infringe upon third-party rights.
6.1.6 Content Restrictions
You will not post offensive, obscene, defamatory, threatening, or illegal content, nor content that violates intellectual property rights or applicable laws.
6.2 Providing Materials
You agree to provide me with all necessary information and materials, in the formats I require, to ensure the proper operation of the loyalty program.
7.0 Errors or Delays
I am not liable for any consequences arising from errors or delays in providing the Services due to circumstances beyond my reasonable control. I may suspend or remove any information regarding your program without prior notice if I deem it necessary.
8.0 Right of Refusal
I reserve the right to refuse the provision of Services or remove your loyalty program at any time without obligation to explain reasons and without prior notice.
9.0 ZReporting Illegal Content
If I find that your content or use of the Application may violate the law, I reserve the right to report it to the competent authorities without prior notice.
10.0 Intellectual Property
10.1 Intellectual Property Ownership
All intellectual property rights related to the Application belong to me. You may not copy, reproduce, or use the Application’s materials without my written consent.
10.2 Business Materials
Any content you upload or provide to the Application (logos, images, etc.) remains your property. By providing such content, you grant me a non-exclusive, royalty-free license to use it as necessary for delivering the Services.
11.0 Confidentiality
11.1 Protection of Confidential Information
I retain all rights to the information and know-how related to my operations, services, technology, designs, strategies, and contractual terms, including pricing, that may become known to you in connection with using the Staaamp Application and my Services. This includes all information considered my confidential information (“Confidential Information”), regardless of its form. Exceptions include information already publicly available or that I provide without restrictions. The Business acknowledges that any Confidential Information obtained from me is subject to protection and may not be disclosed without my written consent.
11.2 Use of Confidential Information
The Business agrees not to use any Confidential Information obtained from me in a way that could harm me, including but not limited to damaging my business reputation, financial interests, or competitive position. The Business must use Confidential Information solely for purposes directly related to the Services provided under this Agreement, and strictly in accordance with my instructions and applicable law.
11.3 Duty of Confidentiality
The Business must keep all Confidential Information, as well as any information about my customers, users, or loyalty program participants obtained during interaction with the Application, strictly confidential. The Business may use such information only to fulfill its obligations under this Agreement. The Business may not disclose Confidential Information to third parties without my prior written consent. This obligation remains in effect even after termination of this Agreement.
12.0 Liability
12.1 Accuracy of Participant Information
While I make reasonable efforts to ensure proper operation of the Application and data accuracy, I do not guarantee the absolute accuracy or reliability of participants’ data (e.g., their contact information or transaction history). Consequently, I am not responsible for evaluating whether participants meet your loyalty program requirements.
12.2 Limitation of Liability
To the maximum extent permitted by law, I disclaim any liability for claims or damages incurred by the Business in connection with the use of or inability to use the Application. This includes, but is not limited to, negligence claims (except for personal injury or death), as well as any direct, indirect, incidental, consequential, or punitive damages, lost profits, data loss, opportunities, or business reputation, even if I have been advised of the possibility of such damages.
12.3 Liability Exceptions
I am not liable for:
12.3.1
Any loss or damage to copies, artwork, photographs, data, or other materials provided by the Business for use in the Application.
12.3.2
Any errors, inaccuracies, or data loss arising from the publication of the Business’s offers or content due to circumstances beyond my reasonable control, or resulting from the Business’s actions or omissions.
12.3.3
Any violations by the Business of applicable spam, data protection, or electronic services laws, including the laws of Poland or any other relevant jurisdiction.
12.4 Service Restoration
If the Business violates these Terms or applicable law, my liability is limited, where possible and within the law, to re-providing the Services or offering an alternative solution if feasible. I am not obligated to provide any financial compensation for any violations or damages, except as explicitly required by law.
13.0 Warranties
13.1 Disclaimer of Implied Warranties
Unless otherwise stated by me in writing, I disclaim all implied or other warranties to the maximum extent permitted by law. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
13.2 Software Integrity
I do not guarantee that the Application or any related software is free from viruses, malicious software, cookies, or other code that may affect devices or information systems. I also do not guarantee that the Application will operate continuously and without error.
13.3 Effectiveness of Loyalty Programs
I make no guarantees that any loyalty programs offered by the Business through the Application will be successful, expand its customer base, increase revenue, or enhance customer engagement. The effectiveness of offers and rewards depends entirely on the Business’s decisions, market conditions, and user behavior.
13.4 Legal Compliance
The Business bears full responsibility for ensuring that all of its materials, offers, rewards, and loyalty program terms comply with applicable laws and regulations in Poland or any other jurisdiction where the Business operates. I do not review or guarantee that such content meets legal requirements.
14.0 Governing Law
These Terms and any disputes or claims arising out of them are governed by the laws of Poland. Any questions regarding interpretation, validity, or enforcement of these Terms shall be resolved in accordance with Polish law, without regard to its conflict-of-law provisions.
15.0 Indemnification
15.1 General Indemnification
The Business agrees to indemnify and hold me, as well as my employees, agents, partners, or affiliates (if any), harmless from all losses, costs, expenses, claims, liabilities, and legal fees arising from the Business’s use of the Application, violation of these Terms, or violation of applicable law. This indemnification extends to both direct and indirect consequences of the Business’s actions.
15.2 Specific Obligations
Additionally, the Business agrees to indemnify me for any claims or damages incurred as a result of intentional, unlawful, or negligent actions or omissions by the Business. This includes economic losses, legal representation costs, and other expenses I may incur to protect my interests, in full.
16.0 Termination and Legal Action
16.1 Rights to Termination and Legal Recourse
I reserve the right to cancel any loyalty program or terminate the agreement with the Business in the following cases:
16.1.1 Breach of Agreement
If the Business violates any provision of this Agreement.
16.1.2 Bankruptcy
If the Business is officially declared bankrupt under applicable law.
16.1.3 Insolvency
If the Business becomes insolvent or unable to meet its obligations.
16.1.4 Non-Compliance with Law
If, in my reasonable opinion, the Business violates any applicable law or regulation.
16.1.5 Appointment of Administrators
If administrators, liquidators, or other persons are appointed over the Business’s assets for settlement or liquidation.
16.1.6 Liquidation
If the Business takes steps towards liquidation, reorganization, or ceasing its operations.
Upon termination, the Business loses the right to use the Application and host loyalty programs, and I may take appropriate legal action to protect my interests.
17.0 Dispute Resolution
17.1 Arbitration Process
Any disputes arising out of or relating to these Terms shall be resolved through mandatory arbitration. Arbitration shall be conducted by a single arbitrator in accordance with the commercial arbitration rules of the Chamber of Commerce at the Polish Chamber of Commerce in Warsaw, or another recognized arbitration institution in Poland. Arbitration proceedings are governed by Polish arbitration law. The place of arbitration is Warsaw, Poland, and the language of arbitration is Polish unless the parties agree otherwise.
17.2 Finality of Arbitration
The arbitrator’s decision is final and binding on both parties, with no right to appeal or reconsideration, except as explicitly provided by applicable law.
18.0 Compliance with Foreign Law
I make no representation or warranty that the content or functionality of the Application complies with the laws of any jurisdiction outside Poland. If the Business accesses or uses the Application in another jurisdiction, it is responsible for ensuring compliance with local laws and regulations. The Business must ensure that its use of the Application does not conflict with the laws of its location or operation.
19.0 Changes
19.1 Authority to Amend
I reserve the right to modify these Terms and Conditions at any time at my discretion. Such changes may reflect service updates, legal revisions, or other operational requirements.
19.2 Notice of Changes
In the event of significant changes to these Terms, I will endeavor to notify the Business in a reasonable manner, for example, by posting a notice in the Portal or sending a message via email. The notice will include the date the changes come into effect and a description of the modifications. Continued use of the Application by the Business after the effective date signifies its agreement to the updated Terms.
20.0 Privacy Policy
By using my Services, the Business acknowledges that it has read, understood, and agrees to my Privacy Policy. The Privacy Policy describes how personal data is collected, used, and protected, as well as the interactions between the Business, participants, and me as the Developer in the context of providing Services.
21.0 Suspension
I reserve the right to suspend or terminate the Business’s account in the Application at my discretion. This may occur if the Business violates these Terms, applicable law, or causes harm to the Application’s operation or its users. Such termination or suspension may be carried out without prior notice to ensure compliance with legal requirements and protect the integrity of the Services.
22.0 Severability
If any provision of these Terms is deemed invalid, illegal, or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions. The invalid provision may be replaced with another provision as close in meaning as legally permissible, ensuring that the overall intent of these Terms remains legally binding.