Terms and conditions

Definitions

In these Terms, “you” and “your” refer to the Merchant, except in section 15. Capitalized words mean the following:

• Service: the Estampo platform, including the dashboard, the scanner, the enrollment pages, the Cards and the emails we send.
• Merchant: the individual or company that creates an account to offer a Program to its customers.
• Account Holder: the person who creates the Merchant’s account and manages it with their email and password, acting on the Merchant’s behalf.
• Staff: the people the Merchant invites to use the scanner with a PIN.
• Customer: the person who joins a Merchant’s Program and holds a Card.
• Program: the loyalty program the Merchant sets up: stamps required, Reward, Promotions and appearance.
• Card: a Customer’s loyalty card. It can be a pass in Google Wallet or Apple Wallet, or a web card opened from a link.
• Stamp: the unit of progress recorded on a Card, usually for a purchase or a visit.
• Reward: the benefit the Merchant gives when a Card reaches the Stamps required.
• Promotion: a Merchant rule under which an event is worth more than one Stamp for a period, such as a birthday or a welcome.
• Location: each of the Merchant’s premises registered in the Service.
• Terminal: the device the Account Holder registers to use the scanner at a Location.
• Plan: the Free plan or the Pro plan, described in section 6.
• Customer Data: the personal data of Customers that the Merchant collects through the Service.

Acceptance, capacity and changes

To create an account you must be of legal age and able to enter into contracts. If you create it on behalf of a company, you confirm that you have authority to bind it, and the Merchant is that company.

The Service is meant for businesses. Do not use it for personal or household purposes.

We may change these Terms. Each version is identified by the date shown at the top of the document, and you can ask us for any earlier version.

• Material changes. If a change affects your rights or obligations, we will tell you by email and in the dashboard at least 30 days before it takes effect. If you do not agree, you can cancel your account before that date (section 12). If you keep using the Service afterwards, you accept the new version.
• Urgent changes. Changes required by law, or needed for the security of the Service, may apply sooner. The notice will explain why.
• Minor changes. Wording fixes that do not change the meaning are published without prior notice.

Your account, your Staff and your Terminals

You are responsible for everything done with your account, your Staff and your Terminals, including the Stamps and Rewards they record. Every Stamp is kept in a history showing who gave it, at which Location and when.

• Account. Give us accurate details and keep them up to date, especially your email. We use it to verify the account, recover your password and tell you about changes. You cannot set up your Program until you confirm it.
• Credentials. Keep your password, your PIN and your Staff’s PINs confidential. If you suspect unauthorized access, write to us at once at hola@estampo.co.
• Staff. You can invite Staff to stamp Cards from the scanner with a 4-digit PIN. Staff see the name and balance of the Card they scan, never the customer list or customers’ emails. You can remove their access at any time, and removing it ends their session.
• Terminals. Only the Account Holder can register a device as a Terminal. Each Plan allows a number of Terminals (section 6). If a device is lost, deactivate it from the dashboard.
• Protection. We limit failed PIN and sign-in attempts, and we may block access for a while to protect your account.

The Service

Estampo lets you offer your customers a digital loyalty card that needs no app download. The Service includes:

• Enrollment. A page and a QR code for your Program, where a Customer joins with their name, their email and, if they wish, their birthday.
• Cards. A pass for compatible digital wallets, such as Google Wallet or Apple Wallet, or a web card opened from a link. We email the Customer a link to their Card.
• Scanner. A web app for giving Stamps and redeeming Rewards. If the connection drops while the app is open, it keeps the Stamps and sends them when it reconnects.
• Dashboard. For setting up your Program, Promotions, Locations, Staff and brand, and for viewing statistics and the activity history, which you can export.
• Pass notifications. A notification when a Card earns a Reward and, if your Location has a position on the map, nearby alerts that the wallet decides whether to show.
• Review invitation. After a redemption, we may show the Customer your Location’s review link, if you set one up.

The availability of each wallet depends on its platform, on the Customer’s device and on Apple’s and Google’s terms (section 10). If a pass is not available, the Customer gets a web card with the same balance.

The features and limits of each Plan are described in section 6 and on our pricing page.

The Program is yours

You offer the Program to your customers and you are responsible for it; Estampo only provides the technology. We are not a party to your relationship with Customers, we do not sell or deliver Rewards, and we do not guarantee that they are delivered.

In particular, it is up to you to:

• Set and communicate the conditions of the Program and of each Promotion (Stamps required, Reward, validity and restrictions), in line with the consumer protection and promotions rules that apply to you.
• Deliver the Rewards earned. If you change or end your Program, or cancel your account, you remain responsible for the Rewards your customers have already earned, as the applicable law provides.
• Offer lawful Rewards for whoever receives them. For example, do not give alcohol or tobacco to minors.
• Not pay for reviews. Do not offer Stamps or Rewards in exchange for reviews. Review platforms forbid it and may penalize your business. The Service only invites customers to leave a review, with no reward.
• Handle complaints from your customers about the Program. We can help you with the activity history, but the answer to the Customer is yours.

The Service applies some rules to protect your Program: a daily limit on Stamps per Card, and no Promotion can complete a Card on its own. These rules reduce fraud, but do not eliminate it.

A Reward earned stays on the Card until it is redeemed, and a Card can hold several. If you reduce the Stamps required, Cards that already reach the new number get their Reward automatically.

Plans, payments and billing

There are two Plans: Free, with no time limit, and Pro, paid per Location. Current prices are on the pricing page; if they differ from the price you see at checkout, the checkout price prevails.

Two commitments about the Free plan:

• An issued pass is never downgraded. It keeps working and receiving Stamps while your account is active, even if you never pay or you leave Pro.
• The limit of 100 never goes down for you. If we raise it, the new number applies to you too. We will never lower it for an existing account.

How Pro is paid

• Lemon Squeezy. Pro is purchased through Lemon Squeezy, which acts as reseller and merchant of record: it charges, calculates and collects the applicable taxes and issues the receipt. The purchase is also governed by its terms. We never receive or store your card details.
• Renewal. The subscription renews automatically every month or every year, as you choose, until you cancel it.
• Additional Locations. If you add a paid Location, the prorated part of the period is charged at that moment. If you remove one, the unused time is credited against your next invoice.
• Cancellation. You can cancel from the dashboard at any time. You keep Pro until the end of the paid period and can resume before that date.
• Failed payment. If a charge fails, Lemon Squeezy retries it for about two weeks and you keep Pro meanwhile. If it cannot be collected, the account moves to the Free plan.
• Moving to Free deletes nothing. You keep your Locations, Terminals, Staff and Cards. You just cannot add more than the Free plan allows.
• Refunds. Unless the law provides otherwise, payments are not refundable, including partly used periods.
• Price changes. We will tell you at least 30 days in advance. The new price applies from the next renewal, and you can cancel before then if you do not agree.

Personal data

Customer Data is yours: you are the controller of its processing and Estampo processes it as a processor, on your behalf and only to provide the Service. For your own data and your Staff’s, on the other hand, Estampo is the controller. The Privacy Policy explains how we process data, and the Personal Data Processing Notice sets the terms of the processing on your behalf.

From each Customer the Service collects, among other data, their name, their email, their birthday if they give it (day and month, no year), whether they agree to receive news, their device type and language, and the history of their Card.

As controller, it is up to you to

• Have a legal basis for processing Customer Data and inform your customers as required by Law No. 29733, Peru’s Personal Data Protection Law, and its Regulations.
• Meet the formal obligations that law places on you, such as registering your data bank with the National Registry of Personal Data Protection.
• Handle your customers’ requests for access, rectification, cancellation or objection. We will help with whatever the Service allows.
• Send marketing only to those who agreed to receive it, and stop as soon as someone withdraws that consent. That box is never pre-ticked, and the law treats sending without consent as a very serious infringement.
• Use Customer Data only for your Program and your business, and not sell or transfer it without a legal basis.

As processor, Estampo undertakes to

• Process Customer Data only to provide the Service and according to your instructions, which are these Terms and the settings you choose in the dashboard.
• Not sell it or use it for our own or third-party advertising.
• Apply reasonable security measures and tell you without delay about any incident affecting it, in time for you to notify Peru’s National Authority for Personal Data Protection within the 48 hours the law requires.
• Use only the sub-processors listed in the Notice, under equivalent obligations.

The Service is hosted by providers with servers in the United States, so Customer Data is transferred outside Peru, with the safeguards the law requires. The Notice lists who they are and where they operate.

Acceptable use

Use the Service only to run a legitimate loyalty program. In particular, you may not:

• Enroll people without their knowledge or with emails that are not theirs, or use the Service to send unsolicited messages.
• Offer as a Reward money, credit redeemable for money, or entries into raffles or games of chance.
• Impersonate another business or person, or use names, logos or text that infringe third-party rights or are misleading, offensive or unlawful.
• Access or try to access other people’s accounts, Cards or data, or test the security of the Service without our permission.
• Overload the Service, automate its use outside the interfaces we offer, or get around its usage limits, its security controls or your Plan’s limits.
• Copy, resell or sublicense the Service, or reverse engineer it except as the law allows.

If you find a vulnerability, write to us at seguridad@estampo.co and do not use it to access other people’s data.

If you breach this section, section 12 applies.

Your content and our intellectual property

Your brand remains yours, and the Service remains ours.

• Your content. Your trade name, logo, colors, images and the texts of your Program. You confirm that you have the right to use them.
• License to Estampo. You give us a non-exclusive, royalty-free, worldwide permission to host, adapt and display your content only to provide the Service: on the Cards, the enrollment pages, the emails and the passes we send to Apple and Google. The permission ends when you close your account, except on Cards already issued.
• Public images. The brand images you upload are published at a public web address, because all your customers see them. Do not upload anything you do not want to make public.
• Customer mention. We will only show your business as an Estampo customer with your permission.
• Our property. The software, the design and the Estampo brand belong to us or our licensors. We give you a limited, non-exclusive, non-transferable right to use the Service while your account is active. Cards, pages and emails may show the Estampo brand.
• Usage data. We may use aggregated, anonymous information about the use of the Service, which does not identify you or your customers, to maintain and improve it.
• Suggestions. If you send us ideas or feedback, we may use them freely and with no obligation to you.

Third-party services

The Service depends on providers we do not control, such as Google and Apple for the passes, Lemon Squeezy for payments and Google Cloud for hosting. Who receives personal data, and what for, is set out in the Privacy Policy. We will make reasonable efforts to reduce the effect their failures or changes have on you.

• Wallets. Apple and Google decide which passes they accept, how they are displayed and how many notifications they get per day. That is why the pass only notifies the Customer when they earn a Reward. If their rules change, we may have to adjust or withdraw features.
• Reviews. The review link leads to third-party platforms, such as Google, whose policies you must follow.
• Their terms. The use of these services may also be governed by their own terms and policies.

Availability, support and changes

We work to keep the Service available at all times, but we do not guarantee that it will run without interruptions or errors. It may stop for maintenance, provider failures or causes beyond our control.

• Maintenance. When we can plan it, we will do it at quiet times and give advance notice if it affects the scanner.
• Support. We help you by email at hola@estampo.co, in Spanish or English, on business days.
• Changes to the Service. We may add, change or withdraw features. If we withdraw an important Pro feature, we will give you 30 days’ notice, unless the cause is a provider (section 10) or the law.
• Features in testing. Features marked “beta” or “in testing” may change or disappear without notice.
• Your copies. You can export your activity history from the dashboard. We recommend doing so regularly.

Closing and suspending the account

You can leave Estampo whenever you want: cancel your subscription from the dashboard and ask us to close the account at hola@estampo.co.

For our part, we will only close or suspend your account on the grounds the law provides:

• Breach. If you breach these Terms, we will require you by notarial letter to remedy it within no less than 15 days. If you do not, the contract is terminated, under article 1429 of Peru’s Civil Code.
• Legal order. If an authority orders it or the law requires it.
• Data security. If it is necessary to meet the duty to protect personal data that Law No. 29733 places on us, and only while the risk lasts. We will tell you immediately and explain why.

A failed payment does not suspend the account: the Pro plan ends and the account moves to the Free plan (section 6).

When the account is closed:

1. Your access, your Staff’s and your Terminals’ ends.
2. The Cards are marked as ended, with a notice to the Customer, and stop receiving Stamps. We remove them from the wallets when we delete the data.
3. You remain responsible to your customers for the Rewards already earned (section 5). We recommend telling them before closing.
4. We delete your data and the Customer Data within 90 days, except what the law requires us to keep, such as billing and acceptance records. Export your history before asking us to close the account.
5. Payments already made are not refunded (section 6).

Sections 5, 7, 9, 13, 14 and 16 remain in force after closure where relevant.

Liability

Each party is responsible for its own acts under Peruvian law. Nothing in these Terms limits Estampo’s liability or the rights you have as a consumer, if the law gives you that status.

• Results. The Service is a tool: we do not guarantee that it will increase your sales, your visits or your reviews.
• Your part. You are responsible for the decisions about your Program, the delivery of Rewards, your disputes with customers and the acts of your Staff (sections 3 and 5).

Indemnity

You agree to hold Estampo harmless against third-party claims, including from Customers and authorities, arising from:

• your Program, your Promotions or the delivery of Rewards;
• processing of Customer Data by you that breaches the law or these Terms;
• your content; or
• a breach of these Terms by you or your Staff.

The indemnity covers damages, fines and reasonable defense costs. We will tell you about the claim without delay and you may take part in the defense.

If you hold a Card (Customers)

The loyalty program belongs to the Merchant that invited you, not to Estampo: the Merchant sets its rules and is the one who delivers the Rewards. Estampo only provides the technology. Joining is free.

• Age. To join you must be 18 or older, and by joining you confirm that you are.
• Your Card. You have no account or password: the link to your Card is the key to it. Do not share it. If you lose it, you can ask for it to be resent to your email from the enrollment page.
• Fair use. Use only your own Card and do not try to alter your Stamps. The Merchant may refuse to give Rewards obtained improperly.
• Your data. The Merchant is the controller of your data and Estampo processes it on the Merchant’s behalf. The Privacy Policy explains what data we keep and how to exercise your rights. You can write to the Merchant or to privacidad@estampo.co.
• Emails. We send you the link to your Card and the messages needed to use it. You will only get news or offers if you ticked that box, and you can withdraw your consent at any time, effective immediately.
• Phone notifications. Your wallet may show you notifications when you earn a Reward or are near the Merchant. You can turn them off in your wallet settings.
• If the program ends. Your Card may stop updating. Any claim about Stamps or Rewards goes to the Merchant.

Estampo is not responsible for delivering Rewards. Nothing here limits your rights as a consumer against the Merchant.

Governing law, complaints and disputes

These Terms are governed by the laws of Peru.

1. If a dispute arises, write to us at hola@estampo.co. We will try to resolve it in good faith within 30 days.
2. If it is not resolved, it will be submitted to the courts of Cusco, unless the law sets another venue.
3. If the law recognizes you as a consumer, you keep your right to go to Indecopi and to the courts where you live.

Complaints book. You can file a claim or complaint in our virtual Libro de Reclamaciones (complaints book). We will answer it within the time the law sets.

General provisions

• Entire agreement. These Terms, the Privacy Policy, the Personal Data Processing Notice and the conditions you accept when purchasing Pro form the entire agreement between you and Estampo.
• Communications. We will write to the Account Holder’s email and through the dashboard, and those notices are fully valid. You can write to us at hola@estampo.co.
• Assignment. You may not assign your account or these Terms without our written permission. We may assign them in a merger, acquisition or sale of the business, with prior notice.
• Force majeure. Neither party is responsible for failures caused by events beyond its reasonable control, such as disasters, widespread service outages or decisions of authorities.
• Independence. Estampo and the Merchant are independent parties. Nothing here creates a partnership, agency or employment relationship.
• Severability. If a clause turns out to be invalid, the rest remain in force.
• No waiver. Not enforcing a right at one time does not mean we waive it.
• Language. These Terms are written in Spanish. If this English translation differs from the Spanish version, the Spanish version prevails.

Contact

Omiru E.I.R.L. · RUC 20616471440
Urb. La Florida, PJ Los Geranios E12, Wanchaq, Cusco, Peru