Terms of Service

1.The service

1. 1.1Wivly lets you design a loyalty, prepaid or membership card, issue it into your customers' phone wallets, record visits and rewards at your counter, send offers to the card, and see how the program is performing.
2. 1.2Wivly runs beside whatever till you already use. It is not a payment terminal and does not process your customers' payments. Where you sell a prepaid pass, you collect that money yourself; Wivly records the sale and counts the balance down.
3. 1.3We improve the service continuously. We may add, change or remove features, and we will not remove a feature you rely on without reasonable notice in the dashboard or by email.

2.Your account

1. 2.1You sign in with a link sent to your email address. Keep access to that inbox secure: anyone who can read it can reach your account.
2. 2.2You are responsible for everything done under your account, including by your staff. Staff scanner access is protected by a venue code and PIN that you set and can change at any time.
3. 2.3You must give accurate business details and keep them current, and you must be old enough to enter into a contract where you live.

3.Plans, prices and billing

1. 3.1The free plan is not a time-limited trial. It is free for as long as you stay within its limits: one location and 200 members. No payment card is required and it does not expire.
2. 3.2Paid plans are billed monthly in advance and renew automatically until cancelled. Local Hero covers one location. Scale Up is priced per location and covers 2 to 15; your bill is the per-location price multiplied by the number of locations you have chosen to pay for. Enterprise is agreed separately.
3. 3.3Prices are shown excluding VAT unless you turn on the VAT toggle. VAT is added where it applies, based on your business location and status.
4. 3.4Adding a location to a Scale Up plan increases your subscription from that point, with the change prorated by our payment provider. Removing a location keeps that slot paid until the end of the period you have already paid for.
5. 3.5You can cancel at any time from your billing settings. Cancellation takes effect at the end of the current paid period, and we do not refund part-periods. If a payment fails we will tell you and give you a chance to fix it before restricting the account.
6. 3.6We may change prices. Existing paid accounts get at least 30 days' notice by email before a change applies to them, and can cancel before it takes effect.

4.Your customers, and your responsibilities

Your customers are yours, not ours. Under data-protection law you are the controller of their personal data and we are your processor: you decide to run the program, we run it on your instructions. The terms of that relationship are in our Data Processing Agreement, which forms part of this agreement.

1. 4.1You are responsible for telling your customers what you collect and why, for having a lawful basis to do it, and for honouring their privacy rights. We give you the tools: a per-member view, machine-readable export, and real deletion.
2. 4.2You decide what your program offers and you must honour it. If your card promises a free coffee at ten stamps, that is a promise you make to your customer, not one we make.
3. 4.3You are responsible for the messages you send through the card. Keep them relevant, keep them honest, and respect the frequency caps and quiet hours the product provides. A wallet pass has no re-subscribe: a customer who deletes it is gone.
4. 4.4The card is your marketing channel; your customers' email addresses are not. Wivly emails a customer only to send a lost card back or to record what you loaded onto a prepaid card, and neither you nor we may use those addresses to market to them through us.
5. 4.5Do not use Wivly to send anything misleading, unlawful, or unrelated to the loyalty relationship the customer joined.

5.Acceptable use

You agree not to:

• break the law, or use Wivly to help someone else break it
• upload content you do not have the right to use, including logos and photographs
• issue cards to people who have not asked for them, or import contacts who did not join your program
• attempt to access another business's data, probe or overload our systems, or work around plan limits, rate limits or authentication
• resell or white-label Wivly without a written agreement with us
• use the service to store special-category personal data (such as health data) beyond what a loyalty program plainly needs

If you find a security problem, tell us at privacy@wivly.me before telling anyone else. We will not pursue good-faith security research that respects customer data.

6.Your data and your content

1. 6.1Your customer list, your visit history and your card designs are yours. We do not sell them, do not use them to advertise to anyone, and do not use one business's data to benefit another.
2. 6.2You grant us only the permission we need to run the service for you: to store your content, display it on the cards you issue, and process it as described in the Data Processing Agreement.
3. 6.3You can export your member list as a machine-readable file at any time from your dashboard, while your account is open and for 30 days after it closes.
4. 6.4We use aggregate, non-identifying statistics (such as how many cards are issued platform-wide) to operate and improve the service.

7.Availability and support

1. 7.1We work to keep Wivly available continuously and publish live component status on our status page, but self-serve plans do not carry a contractual uptime commitment. Enterprise agreements may include one.
2. 7.2The staff scanner is designed to keep working without a connection: stamps are held on the device and sync when the signal returns. Redemptions and prepaid deductions require a connection, because they spend value and must not be duplicated.
3. 7.3Wallet passes are delivered through Apple and Google. Update timing on the customer's phone depends on their platform, their device and their settings, and is outside our control.
4. 7.4Support is by email at privacy@wivly.me. We aim to answer within one business day.

8.Suspension and ending the agreement

1. 8.1You can close your account at any time.
2. 8.2We may suspend an account immediately if it is being used unlawfully, if it threatens the security or stability of the service, or if payment remains unresolved after we have told you and given you a reasonable chance to fix it. Where we can, we tell you first and tell you how to put it right.
3. 8.3When an account closes: your dashboard is locked, new customers can no longer join your program, and passes already in your customers' wallets stop receiving updates. We do not reach into anyone's phone to delete a card they chose to keep.
4. 8.4We keep your data for 30 days after closure so you can export it, then delete it. You can ask us to delete it sooner.

9.Changes to these terms

We will update these terms as the product and the law change. For minor clarifications we update the page and the date at the top. For changes that affect your rights or costs we give at least 30 days' notice by email or in the dashboard, and you may cancel before they take effect. Continuing to use Wivly after that notice period means you accept the new version.

10.Liability

1. 10.1Wivly is provided as it is. We do not promise that it will be uninterrupted or error-free, or that it will achieve a particular commercial result for your business.
2. 10.2Neither of us is liable for indirect or consequential losses, or for lost profits, revenue or goodwill.
3. 10.3Our total liability to you in any 12-month period is limited to what you paid us in that period. On the free plan, that limit is zero, which is one honest reason not to run something business-critical on it without a paid plan.
4. 10.4Nothing here limits liability that cannot lawfully be limited, including for death or personal injury caused by negligence, for fraud, or for a party's own breach of data-protection law. If you are a consumer, your statutory rights are unaffected.

11.General

1. 11.1These terms, together with the Data Processing Agreement and the Privacy notice, are the whole agreement between us about Wivly.
2. 11.2If a clause turns out to be unenforceable, the rest stays in force.
3. 11.3You may not transfer this agreement without our consent. We may transfer it as part of a merger, acquisition or sale of assets, on notice to you.
4. 11.4Not enforcing a term once does not waive it.
5. 11.5We will try to resolve any dispute with you directly first. Write to privacy@wivly.me and we will respond.