Terms of Use - Loyalty Program

TERMS OF USE -  LOYALTY PROGRAM

Effective Date: June 1st, 2022

These TERMS OF USE - LOYALTY PROGRAM (the “Terms”) are entered into by and between you and SumUp, Inc. (“SumUp”). 

For the purposes of this Merchant Agreement, “you” or “Merchant,” means the party identified as the merchant in the SumUp Account. By activating the Loyalty Program in SumUp App (“SuperApp”), you represent that you have read and accepted these Terms. These Terms shall be effective as of the date of activation of the Loyalty Program by the Merchant. 

1. Loyalty Program. 

1.1 SumUp Loyalty Program is a reward program which can be customized by you in order to offer your customers points for each purchase made in your store and allow them to redeem rewards, through mobile sign-up. 

2. Consumer Rewards Programs.

2.1 Merchant Rewards. As part of the SumUp SuperApp and the SumUp Deals, Merchant will create offers, rewards, rewards programs, and the like that Merchant will offer to its customers (“Consumers”) through the SuperApp or SumUp Deals (“Rewards”). Merchant is solely responsible for its Rewards and all liability arising from such Rewards, including its failure to honor any Rewards. Merchant is responsible for presenting terms and conditions for its Rewards to Consumers that comply with all applicable law. Merchant represents, warrants and covenants that it will honor any Rewards it offers, even after any expiration or termination of this Agreement. Merchant further represents, warrants and covenants that the Rewards (including all text, SMS, and e-mail messages sent by Merchant through the SuperApp and/or the SumUp Deals) will comply with all applicable laws and regulations. One of the services Merchant may utilize on the SuperApp is the service known as “AutoPilot Campaign(s),”. SumUp will activate the AutoPilot Campaign within 7 days of the Effective Date (as defined herein below) with the settings specified in the Order Form or Order Email or using standard settings for the Merchant’s industry. Merchant agrees to honor its Rewards and AutoPilot promotions and can adjust the foregoing by notifying SumUp in writing at [email protected] or by calling at 1-888-250-2164. Merchant agrees to receive periodic SMS promotions, advertisements, and/or notifications regarding Merchant’s use of the Loyalty Program from SumUp during use of the service. Merchant can opt out at any time by replying “STOP” to a campaign. Standard data and message rates may apply. Following any expiration or termination of this Agreement and if requested by Merchant within seven (7) days of such expiration or termination, SumUp will provide Merchant with any relevant information in SumUp’s possession regarding the then-current status of the Consumers in relation to the Merchant Rewards Program.

2.2 Merchant Marks. Merchant grants to SumUp a non-exclusive, worldwide license and right to display, reproduce and use Merchant’s trademarks and logos and business description (collectively, “Merchant Marks”) solely in connection with operating the Loyalty Program and providing the SumUp Deals to Merchant and SumUp’s other merchant customers. Merchant understands and agrees that the Merchant Marks may be displayed alongside or together with other merchants’ marks both during and after the Term. 

2.3 SumUp Rewards. Consumers, through their own SumUp account, may accumulate credits or points (or the like) as a result of their activity through such account (“Loyalty Points” or simply “Points”). SumUp has the right to issue Loyalty Points in its sole discretion. Merchant agrees that its Rewards will accommodate and allow Consumers to redeem Loyalty Points. Other terms related to the Loyalty Points and your use of the Loyalty Points will be stated on the applicable Order Form or Order Email.

3. Rules Regarding Consumers. 

3.1 Merchant acknowledges and agrees that when a Consumer signs up to be a user of the SuperApp (or when Merchant enrolls a Consumer or enables a Consumer to enroll as a user of the SumUp service), whether through the SumUp’s web site or otherwise, such customer shall be deemed a customer of SumUp, and SumUp shall have the perpetual and irrevocable right to use, in connection with its business activities, all information made available to SumUp here under and will continue to have the right to communicate with Consumers and provide the SuperApp in relation to such Consumers, in each case even after the expiration or termination of this Agreement. Merchant also acknowledges that each Consumer will enter into separate terms with SumUp when they enroll as a user (i.e. set up an account or have an account set up for them), which governs their use of SumUp consumer app. To the extent Merchant enrolls a Consumer as a user of the SumUp service (or enables a Consumer to enroll) or provides SumUp with data and information (including a cellular or mobile number or other personally identifiable information) of any person who provides such information to Merchant, Merchant represents and warrants that Merchant has (a) informed each such person of the SumUp Terms of Use and Privacy Policy and gotten such person’s prior express written consent to send, and have SumUp send, text messages or other communications to such person, and (b) obtained all necessary consents and rights required (i) to share that information with SumUp, and (ii) so that SumUp may so communicate with each such person and otherwise use such data and/or information in any manner that complies with SumUp’s Privacy Policy. Merchant agrees that in connection with Merchant’s use of consumer data (including all POS Device Data (as defined herein below), even if such data does not emanate from a registered Customer) and the SuperApp, and Merchant’s administration of its Rewards(s), it shall comply with all applicable laws and any written policies provided by SumUp to Merchant from time to time, including SumUp’s privacy policy located at https://sumup.com/privacy/ (“Privacy Policy”), as may be updated by SumUp, in SumUp’s sole discretion, from time to time, by replacing or amending the terms contained at the foregoing URL. Merchant shall include an opt-out notice in any communications that it delivers to any Consumers, and will comply with any opt-out requests made by Consumers as well as notify SumUp when a Consumer opts out of receiving electronic communications.

4. Term and Termination.

4.1 Term. The term of this Agreement shall start on the effective date of activation of the Loyalty Program in the SumUp SuperApp (“Effective Date”) and continue for as long as you have an active Account with SumUp.