Terms of Sale and Use

These Terms of Sale and Use (hereinafter “the Terms”) govern the provision of the Stampliz service by Altu Studio to its business customers.

They apply to every subscription, to the exclusion of any other document. Subscribing entails full and complete acceptance of these Terms.

Stampliz is a service intended exclusively for professionals acting within their commercial, craft, industrial or professional activity. It is not intended for consumers.

The publisher is hereinafter referred to as “Stampliz”.

• Customer: the professional who subscribes to the service.
• Service: the Stampliz platform as a whole — mobile app for the Customer, card pages for their end customers, Apple Wallet and Google Wallet passes, administration interface and associated infrastructure.
• End customer: the individual who obtains a loyalty card from the Customer through the Service.
• Card: the digital loyalty programme created and configured by the Customer.
• Employee access: restricted-feature access that the Customer may open to their staff.
• Site Channel: a subscription taken out at www.stampliz.com. Stampliz collects payment directly, through its payment provider.
• App Channel: a subscription taken out from the mobile app, through in-app purchase. In this channel, Apple acts as the seller: it collects payment, invoices, and handles refund requests.

Stampliz enables the Customer to create and manage a digital loyalty programme, including in particular:

• creating a customisable loyalty card (name, colour, logo, artwork, reward, number of stamps required);
• distributing that card to their end customers, who add it to Apple Wallet or Google Wallet;
• adding stamps by scanning a code or an NFC chip;
• sending messages and offers to cardholders;
• viewing activity statistics;
• opening restricted-rights access for their staff.

The feature scope may evolve. Stampliz undertakes not to substantially reduce the essential features of an ongoing subscription without informing the Customer.

5.1 Conditions

Subscription takes place online. The Customer declares that they are a duly registered professional with the legal capacity to contract.

The Customer warrants the accuracy of the information provided at subscription and undertakes to keep it up to date.

5.2 Formation of the contract — Site Channel

The contract is formed when payment is validated. The Customer then receives, at the email address provided, a link allowing them to set their password and access the Service.

5.3 Formation of the contract — App Channel

The contract is formed when the App Store confirms the purchase. Access to the Service opens in the app, on the account used to subscribe.

Acceptance of these Terms is collected before the purchase, within the app.

5.4 Account and credentials

The Customer is solely responsible for the confidentiality of their credentials and for all activity carried out from their account. They shall inform Stampliz without delay of any unauthorised use.

The Customer remains responsible for actions carried out from the employee accesses they have opened, and for revoking them when they are no longer needed.

6.1 Prices — Site Channel

The subscription is offered at the following prices, all taxes included:

• Monthly plan: €35 per month
• Annual plan: €350 per year

A discount may be applied when subscribing online, upon entry of a partner code. The discounted price is the one displayed on the payment page and stated on the invoice.

For Customers established in France, Altu Studio benefits from the French VAT exemption scheme (article 293 B of the CGI); VAT is not applicable.

For Customers established outside the European Union, VAT is not applicable pursuant to article 259-1 of the CGI.

6.2 Prices — App Channel

A subscription taken out from the app is offered at the price displayed by the App Store at the time of subscription. That price is set according to Apple’s price tiers and may differ from the Site Channel price; Apple may revise it under its own rules.

The tax regime applicable to this channel is the one applied by Apple, acting as the seller. No partner-code discount is available there.

6.3 Terms — Site Channel

Payment is made by bank card, through the provider Stripe. The charge is automatic and recurring, on the anniversary date of the subscription.

Stampliz stores no banking data. Such data is processed exclusively by Stripe, a payment service provider.

6.4 Terms — App Channel

Payment is collected by Apple, using the payment method associated with the Customer’s Apple account. Renewal is automatic under App Store rules.

Stampliz neither receives nor stores any payment data for this channel, and does not issue the corresponding invoice.

6.5 Price revision

Stampliz may change its prices. Any change is notified to the Customer at least thirty (30) days before it takes effect, and applies only from the next renewal. A Customer who refuses the new price may terminate under the conditions of article 8.

For the App Channel, any price revision is notified and applied under App Store rules.

7.1 Site Channel

Although the Customer acts as a professional and is not automatically entitled to the statutory withdrawal period, Stampliz voluntarily grants them a right of withdrawal of fourteen (14) days from subscription.

To exercise it, the Customer sends a request to contact@stampliz.com. Full reimbursement is made within fourteen (14) days of receipt of the request, by the same means of payment.

7.2 App Channel

Subscriptions taken out from the app are governed by Apple’s terms, Apple acting as the seller. Refund requests are addressed to Apple directly and handled under its own rules; Stampliz can neither grant nor refuse them.

Stampliz assists the Customer as far as it is able, and closes access to the Service as soon as a refund is notified to it.

In both channels, exercising this right entails closure of access to the Service and deletion of data under the conditions of article 12.

8.1 Monthly plan

The monthly subscription is entered into with no minimum term. Termination takes effect at the end of the current monthly period. No pro-rata refund is due for the period started.

8.2 Annual plan

The annual subscription is entered into for a firm term of twelve (12) months. It cannot be terminated before its term and gives rise to no pro-rata refund, except when exercising the right of withdrawal under article 7.

It renews by tacit renewal for successive periods of twelve (12) months, unless terminated with at least thirty (30) days’ notice before the expiry date.

8.3 How to terminate — Site Channel

The Customer terminates from their account or by simple request to contact@stampliz.com, without notice or justification for the monthly plan.

8.4 How to terminate — App Channel

Termination is carried out from the subscription management of the Customer’s Apple account, under App Store rules. Stampliz has no ability to terminate a subscription taken out through this channel on the Customer’s behalf.

The terms and effects set out in articles 8.1 and 8.2 remain applicable.

8.5 Termination by Stampliz

Stampliz may terminate the subscription with one (1) month’s notice given by email. In that case, the Customer is refunded pro rata for the period paid and unused; for the App Channel, refunds fall to Apple under the conditions of article 7.2.

By exception, Stampliz may suspend or terminate access without notice or compensation in the event of:

• fraudulent use of the Service;
• distribution of unlawful, misleading content or content infringing third-party rights;
• serious breach of these Terms;
• non-payment under the conditions of article 9.

9.1 Site Channel

If a charge fails, access to the Service’s features is automatically suspended. Cards already installed by end customers stop being updated.

The Customer is informed by email and may restore access at any time by settling payment.

Failing settlement within ninety (90) days, the contract is terminated by operation of law and data is deleted under the conditions of article 12.

9.2 App Channel

Renewal attempts and subscription expiry are handled by the App Store. Access to the Service closes as soon as Stampliz observes the expiry.

The Customer settles their situation with Apple. Data deletion occurs within the same periods as in 9.1, counted from the observed expiry.

The Customer undertakes to:

• use the Service in accordance with its purpose and applicable regulations;
• not circumvent usage limits or attempt to access data that does not concern them;
• not distribute, through cards, messages or artwork, any unlawful, misleading or defamatory content, or content infringing third-party intellectual property rights;
• ensure they hold the necessary rights to the logos, images and trademarks they upload;
• honour, towards their end customers, the rewards announced on their cards.

The Customer is solely responsible for the content of their loyalty programme and for the commercial commitments they make towards their end customers. Stampliz provides a technical tool and is not a party to the relationship between the Customer and their end customers.

Use of the Service is subject to limits intended to preserve service quality and to protect end customers from excessive solicitation, in particular regarding message sending frequency.

These limits are set out in the Service documentation, accessible from the app, and may be adjusted. Any change unfavourable to the Customer is notified thirty (30) days in advance.

12.1 Allocation of roles

The processing of personal data falls within the framework of Regulation (EU) 2016/679 (GDPR).

Regarding the Customer's data (credentials, account information, billing), Stampliz acts as data controller.

Regarding end customers' data (name, email address, phone number, stamp history, date of birth where applicable), the Customer is the data controller and Stampliz acts as data processor, within the meaning of article 28 GDPR.

12.2 Customer obligations as data controller

The Customer warrants that they:

• have a legal basis for collecting and processing their end customers' data;
• have informed their end customers of the purpose of the processing and of their rights;
• have obtained their consent where required;
• respond to requests to exercise rights from their end customers.

The Customer indemnifies Stampliz against any claim, complaint or action from an end customer or a supervisory authority arising from a failure by the Customer to meet these obligations.

12.3 Stampliz obligations as data processor

Stampliz undertakes to:

• process end customers' data only on the Customer's instructions and solely for the purposes of the Service;
• implement appropriate technical and organisational measures;
• assist the Customer, as far as possible, in responding to requests to exercise rights;
• notify the Customer of any data breach as soon as possible;
• engage only sub-processors offering sufficient guarantees.

The list of sub-processors appears in the Privacy Policy.

12.4 Retention and deletion

In the event of termination or non-renewal, the data of the Customer and their end customers is retained for ninety (90) days, so that the subscription can be resumed without loss, then permanently deleted.

Where the Customer makes an explicit deletion request, deletion occurs within thirty (30) days.

Accounting documents are retained for ten (10) years in accordance with article L123-22 of the French Commercial Code. They contain no data relating to end customers.

For any further information, please refer to the Privacy Policy, available at https://www.stampliz.com/confidentialite.

Stampliz is subject to an obligation of means regarding the availability of the Service. It guarantees neither absolute continuity nor the absence of errors.

The Service relies on third-party providers — in particular hosting providers, the payment provider, and the Apple Wallet and Google Wallet services. Stampliz cannot be held liable for unavailability attributable to those third parties, nor for changes to their technical conditions affecting the operation of the Service.

Stampliz may temporarily interrupt the Service for maintenance. Foreseeable interruptions are, as far as possible, announced in advance and scheduled outside peak hours.

Stampliz may only be held liable in the event of proven fault and for direct damages only.

Indirect damages are excluded from any compensation, in particular loss of turnover, loss of clientele, commercial harm or damage to image.

In any event, Stampliz's liability is capped at the amount actually paid by the Customer during the twelve (12) months preceding the triggering event.

These limitations do not apply in the event of gross negligence or wilful misconduct, nor where the law excludes them.

The Service, in all its components (code, interfaces, trademarks, documentation), remains the exclusive property of Stampliz. Subscription grants the Customer a personal, non-exclusive and non-transferable right of use for the duration of their subscription.

The Customer retains full ownership of the content they upload (logos, artwork, texts). They grant Stampliz a licence limited to displaying and technically processing it solely for the purpose of providing the Service.

Stampliz may amend these Terms. Any substantial change is notified to the Customer by email at least thirty (30) days before it takes effect.

A Customer who refuses the new Terms may terminate their subscription within that period, under the conditions of article 8.

Any complaint may be sent to contact@stampliz.com. Stampliz undertakes to acknowledge receipt within five (5) business days and to provide a reasoned response within a reasonable time.

Refund requests relating to the App Channel fall to Apple and must be addressed to it directly, under the conditions of article 7.2.

These Terms are governed by French law.

Failing an amicable resolution, any dispute relating to their formation, interpretation or performance falls within the exclusive jurisdiction of the courts of Toulouse, including where there are multiple defendants or third-party proceedings.

If any provision of these Terms were declared void or unenforceable, the remaining provisions would retain their full force.

Stampliz's failure to invoke a breach shall not be deemed a waiver of the right to invoke it later.

These Terms are written in French. The Spanish and English versions are provided for the Customer's convenience; in the event of divergence, the French version prevails.