TERMS AND CONDITIONS - BUZZKIEZ

1. Scope and parties

1.1 These Terms and Conditions govern the use of the BuzzKiez loyalty platform by business customers.

1.2 The provider of the service is

• Sriram Jayanthi – BuzzKiez
• Pauline-Staegemann-Strasse 2
• 10249 Berlin
• Germany
• Email: support@buzzkiez.com

1.3 The customer is the cafe, restaurant or business that registers an account on the BuzzKiez dashboard.

1.4 These Terms apply only to businesses as defined under section 14 BGB. Consumers are not permitted to subscribe to the service.

1.5 Any conflicting or supplemental terms of the customer do not apply unless confirmed in writing by BuzzKiez.

2. Description of the service

2.1 BuzzKiez provides a software as a service platform that enables customers to

• a) issue stamp based digital loyalty cards through Apple Wallet and Google Wallet,
• b) issue value based digital loyalty cards,
• c) record and display visit and spend events,
• d) classify end customers into segments using predefined logic,
• e) trigger loyalty campaigns that are delivered as wallet pass updates,
• f) view analytics about program usage.

2.2 The functional scope of the service depends on the subscription plan selected by the customer. Details are displayed in the dashboard.

2.3 BuzzKiez provides a standardised SaaS service. No guarantee is made for specific marketing outcomes, frequency of visits, repeat customers or sales uplift.

3. Account registration and access

3.1 The customer must provide accurate business information during registration and keep it up to date.

3.2 The customer is responsible for protecting login credentials. Access by unauthorised third parties must be prevented.

3.3 BuzzKiez may suspend access in cases of misuse, unpaid invoices or security concerns.

4. Customer obligations and responsibility for loyalty program content

4.1 The customer is solely responsible for

• a) the design and rules of the loyalty program,
• b) reward conditions and fulfilment,
• c) campaign content and messages,
• d) ensuring its campaigns comply with advertising law and unfair competition rules,
• e) ensuring the legality of any discounts, promotions or offers,
• f) informing end customers clearly about program terms and conditions,
• g) obtaining any consents required under data protection or consumer law.

4.2 The customer is responsible for the correctness of any reward provided to end customers. BuzzKiez does not verify or enforce reward promises and is not liable for incorrect or misleading reward descriptions.

4.3 Campaign content is created by the customer. BuzzKiez does not review campaign text, images or claims. The customer must ensure that campaigns do not contain illegal, discriminatory, harmful or misleading content.

4.4 The customer must not use the service for unlawful purposes, including unsolicited direct marketing that violates applicable law.

4.5 The customer must not process special categories of personal data (Art. 9 GDPR) using BuzzKiez.

4.6 The customer must ensure that staff use the dashboard in a secure manner and that devices used for scanning wallet passes are appropriately controlled.

5. Service availability and support

5.1 BuzzKiez aims for high availability but does not guarantee uninterrupted operation. Short maintenance windows may occur.

5.2 Support is provided by email at support@buzzkiez.com during business days in Germany.

6. Fees, billing and payment

6.1 Subscription fees are displayed in the dashboard. Prices are exclusive of VAT.

6.2 Billing is handled through Stripe. Payments are made monthly in advance.

6.3 A free trial of thirty days is available for new customers. Unless the subscription is cancelled in the dashboard before the end of the trial, the plan converts automatically to a paid monthly subscription.

6.4 The customer may cancel the subscription at any time. Cancellation becomes effective at the end of the current billing period. No refunds are provided for partial periods.

6.5 If payment cannot be collected, BuzzKiez may suspend access until payment is settled.

7. Intellectual property and licence

7.1 All intellectual property rights in the BuzzKiez platform, code, design and documentation remain with BuzzKiez.

7.2 BuzzKiez grants the customer a non exclusive, non transferable and non sublicensable right to use the service during the contract term for the customer's own business purposes.

7.3 The customer must not

• a) reverse engineer or attempt to access source code,
• b) circumvent technical protection measures,
• c) copy or resell the service to third parties.

7.4 The customer retains all rights to the data it enters. BuzzKiez may use aggregated and anonymised data for analytics, service improvement and internal reporting.

8. Data protection

8.1 The customer is the controller for all processing of end customer data related to its loyalty program. BuzzKiez acts as processor in accordance with Art. 28 GDPR.

8.2 The parties enter into a separate Data Processing Agreement available at https://www.buzzkiez.com/data-processing-agreement.

8.3 BuzzKiez is an independent controller for platform level analytics, monitoring, security and billing. Details are set out in the Privacy Policy at https://www.buzzkiez.com/privacy.

9. Warranties

9.1 BuzzKiez provides the service with reasonable care and skill in accordance with the usual standards for SaaS platforms.

9.2 BuzzKiez does not guarantee uninterrupted operation or that the service meets specific marketing, sales or business results expected by the customer.

9.3 Minor deviations that do not significantly impair functionality do not constitute defects.

10. Liability

10.1 BuzzKiez is liable without limitation for intent, gross negligence and injury to life, body or health.

10.2 In cases of simple negligence, BuzzKiez is liable only for breach of essential contractual obligations. In such cases liability is limited to the amount of subscription fees paid by the customer to BuzzKiez in the twelve months preceding the event giving rise to the claim.

10.3 Mandatory liability under product liability laws remains unaffected.

10.4 The limitations also apply to the personal liability of BuzzKiez employees and agents.

11. Term and termination

11.1 The contract begins when the customer completes registration and continues for an indefinite period unless a minimum term is stated in the dashboard.

11.2 Monthly subscriptions renew automatically unless cancelled.

11.3 Either party may terminate for good cause. Good cause exists in particular if a party materially breaches these Terms and does not remedy the breach within a reasonable period after written notice.

11.4 After termination, BuzzKiez will block access and delete or anonymise customer data as provided for in the Privacy Policy and Data Processing Agreement.

12. Changes to these Terms

12.1 BuzzKiez may amend these Terms to reflect changes in functionality, law or business operations. Customers will be informed in text form.

12.2 If the customer does not object within six weeks and continues using the service, the changes are deemed accepted. The customer will be informed of this consequence.

12.3 If the customer objects, BuzzKiez may terminate the subscription with one month notice.

13. Governing law and jurisdiction

13.1 These Terms are governed by German law.

13.2 If the customer is a merchant or legal person under public law, the place of jurisdiction is Berlin.

13.3 If any provision is invalid, the remaining provisions remain in effect. The invalid provision will be replaced by one that reflects the intended economic purpose.