Terms of Service
Effective Date: August 7, 2025
1. Acceptance of Terms
By accessing or using PachiPoints services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our Service. These Terms apply to all visitors, users, and others who access or use the Service.
2. Description of Service
PachiPoints provides a gamification platform that enables businesses to create engaging customer experiences through points, rewards, badges, achievements, and interactive games. Our Service includes web-based tools, APIs, integrations, and related support services.
3. Account Registration
To use certain features of our Service, you must register for an account. When registering, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access or use
We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.
4. Subscription and Payment
Billing
Paid subscriptions are billed in advance on a monthly or annual basis. Payment is due upon subscription and will automatically renew unless canceled before the renewal date.
Free Trial
We offer a 14-day free trial for new users. At the end of the trial period, your account will be automatically charged unless you cancel before the trial expires.
Refunds
Subscription fees are non-refundable except where required by law. No refunds or credits will be issued for partial months of service or unused features.
5. Acceptable Use Policy
You agree not to use the Service to:
- Violate any laws, regulations, or third-party rights
- Transmit any harmful, offensive, or illegal content
- Engage in fraudulent or deceptive practices
- Interfere with or disrupt the Service or servers
- Attempt to gain unauthorized access to any systems
- Collect or store personal data without consent
- Use the Service for competitive analysis or benchmarking
- Resell or redistribute the Service without permission
6. Intellectual Property Rights
Our Property
The Service and its original content, features, and functionality are owned by PachiPoints and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Your Content
You retain ownership of content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content as necessary to provide the Service.
7. Privacy and Data Protection
Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of information as detailed in our Privacy Policy. You are responsible for maintaining the confidentiality of your customers' data and complying with applicable data protection laws.
8. Service Level Agreement
We strive to maintain high service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:
- Scheduled maintenance (with advance notice when possible)
- Emergency repairs or updates
- Causes beyond our reasonable control
9. Third-Party Integrations
Our Service may integrate with third-party platforms (e.g., Shopify). Your use of these integrations is subject to the terms and policies of those third parties. We are not responsible for the availability, accuracy, or content of third-party services.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PACHIPOINTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless PachiPoints, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.
13. Termination
Either party may terminate these Terms at any time. You may cancel your account through your account settings or by contacting support. We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
14. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
15. Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be notified via email or through the Service at least 30 days before becoming effective. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
16. Miscellaneous
Entire Agreement
These Terms constitute the entire agreement between you and PachiPoints regarding the Service.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
17. Contact Information
For questions about these Terms of Service, please contact us at:
PachiPoints
Email: legal@pachipoints.com
Website: https://pachipoints.com