Merchant Terms of Service

Last Updated: 2025-11-12 | Effective Date: 2025-11-12

ReusePass Merchant Agreement

Table of Contents

1. Acceptance of Terms

These Merchant Terms of Service ("Agreement") constitute a legally binding agreement between you ("Merchant," "you," or "your") and ReusePass LLC, a Virginia limited liability company ("ReusePass," "we," "us," or "our"), concerning your use of the ReusePass platform and services.

By registering for an account, accessing, or using the ReusePass platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms.

Important: If you do not agree to these terms, you must not access or use the ReusePass platform.

2. Service Description

ReusePass provides a digital loyalty and customer retention platform that enables merchants to create, manage, and distribute reusable digital coupons and promotional campaigns. Our services include:

  • Campaign creation and management tools
  • QR code generation and scanning capabilities
  • Anonymous customer tracking using device fingerprinting
  • Redemption verification systems (both in-store and online)
  • Analytics and reporting dashboard
  • Push notification capabilities (with customer opt-in)
  • Email notification features (with customer opt-in)
  • Multi-location management
  • API access (Pro plans)

The platform operates on a privacy-first model where customers can redeem offers without creating accounts, utilizing device fingerprinting technology to track redemption eligibility while maintaining customer anonymity.

3. Free Trial & Subscription

3.1 Thirty-Day Free Trial

All new merchants receive a complimentary thirty (30) day free trial period with full access to all platform features. No credit card is required to initiate the free trial. The trial period begins upon account registration.

3.2 Subscription Plans

Following the free trial period, continued use requires a paid subscription:

  • Starter Plan: $29 USD per month
  • Pro Plan: $49 USD per month
  • Custom enterprise plans available upon request

3.3 Feature Availability

Plan features and limitations are detailed on our pricing page and may be updated periodically. We reserve the right to modify plans and pricing with thirty (30) days advance notice to existing subscribers.

4. Merchant Obligations

As a merchant using the ReusePass platform, you agree to:

4.1 Honor Redemptions

  • Honor all valid coupon redemptions in good faith
  • Apply advertised discounts or offers accurately
  • Not discriminate against customers using ReusePass coupons
  • Resolve customer disputes regarding redemptions promptly and fairly

4.2 Accurate Information

  • Provide accurate, truthful campaign descriptions
  • Clearly state any restrictions, limitations, or exclusions
  • Maintain current business information and contact details
  • Update campaign terms promptly when changes occur

4.3 Legal Compliance

  • Comply with all applicable federal, state, and local laws
  • Adhere to consumer protection regulations
  • Follow advertising and marketing laws including FTC guidelines
  • Obtain necessary licenses and permits for your business operations

4.4 Prohibited Activities

You shall not:

  • Create fraudulent or misleading offers
  • Use the platform for illegal activities
  • Attempt to circumvent platform security or features
  • Harvest or collect customer data for unauthorized purposes
  • Engage in bait-and-switch tactics
  • Violate intellectual property rights of third parties
  • Send unsolicited communications to customers without consent

5. Data Ownership & Processing

5.1 Data Controller and Processor Relationship

Under applicable data protection laws including the EU General Data Protection Regulation (GDPR):

  • You (the Merchant) are the Data Controller for your customer data
  • ReusePass acts as a Data Processor on your behalf
  • We process data solely according to your instructions and this Agreement

5.2 Data Ownership

You retain all rights, title, and interest in and to your customer data. ReusePass claims no ownership rights over your customer data. We may use aggregated, anonymized data for platform improvements and analytics.

5.3 Data Processing Addendum

This Agreement incorporates by reference the ReusePass Data Processing Addendum ("DPA"), which includes the EU Standard Contractual Clauses for international data transfers. The DPA governs our processing of personal data on your behalf.

5.4 Security Measures

ReusePass implements appropriate technical and organizational measures to protect personal data, including:

  • Encryption in transit (TLS 1.3) and at rest (AES-256)
  • Role-based access controls
  • Regular security assessments
  • Incident response procedures
  • Employee confidentiality agreements

6. Communication Features

6.1 Available Communication Channels

  • Push Notifications: Browser-based, requires customer opt-in
  • Email Notifications: Requires customer consent and email provision
  • SMS Notifications: Optional add-on feature (coming soon), requires express written consent

6.2 Compliance Responsibility

You are solely responsible for compliance with all applicable communication laws including:

  • CAN-SPAM Act (United States)
  • Telephone Consumer Protection Act (TCPA)
  • Canada Anti-Spam Legislation (CASL)
  • ePrivacy Directive (European Union)
  • Similar laws in other jurisdictions

6.3 Consent Requirements

You must ensure proper consent is obtained before sending any communications to customers. ReusePass provides opt-in mechanisms, but you remain responsible for maintaining consent records and honoring opt-out requests.

7. Payment Terms

7.1 Payment Processing

All payments are processed through Stripe, Inc., a PCI DSS Level 1 compliant payment processor. By providing payment information, you authorize ReusePass to charge your payment method for all fees incurred.

7.2 Billing Cycle

  • Subscriptions are billed monthly in advance
  • Billing occurs on the same day each month
  • Failed payments may result in service suspension

7.3 Refund Policy

  • 30-day money-back guarantee on paid plans for new subscribers
  • No refunds for partial months after the guarantee period
  • Refund requests must be submitted to support@reusepass.com

7.4 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for cancellations mid-billing cycle after the money-back guarantee period.

8. Limitation of Liability

8.1 Disclaimer of Warranties

THE REUSEPASS PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation of Liability

IN NO EVENT SHALL REUSEPASS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL.

8.3 Maximum Liability

Our total liability to you for any claims arising from or related to this Agreement shall not exceed the greater of (a) $100 or (b) the total fees paid by you to ReusePass in the three months preceding the claim.

8.4 Specific Exclusions

ReusePass is not liable for:

  • Campaign ROI or business outcomes
  • Third-party payment processor issues
  • Notification delivery failures
  • Customer disputes or complaints
  • Loss of data due to your actions
  • Unauthorized access to your account due to password compromise

8.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

9. Termination

9.1 Termination by Either Party

Either party may terminate this Agreement with thirty (30) days written notice. You may terminate immediately by canceling your subscription through your account dashboard.

9.2 Termination for Cause

ReusePass may terminate this Agreement immediately if you:

  • Violate any provision of this Agreement
  • Engage in fraudulent or illegal activities
  • Fail to pay fees when due
  • Infringe upon intellectual property rights
  • Compromise platform security or integrity

9.3 Effect of Termination

Upon termination or non-renewal of your subscription, the following graduated wind-down provisions shall apply to ensure orderly transition and protect all parties' interests:

9.3.1 Thirty-Day Grace Period

Following the end of your paid subscription (whether by cancellation, non-payment, or expiration), you will receive a thirty (30) calendar day grace period during which:

Permitted Activities During Grace Period:

  • Dashboard Access: You retain read-only access to your merchant dashboard to view analytics, redemption history, and campaign performance data
  • Campaign Continuity: All active campaigns with future expiration dates remain operational and continue accepting customer redemptions through their originally scheduled expiration dates
  • Data Export: Full access to export all your data including customer lists, redemption logs, analytics reports, and campaign configurations in industry-standard formats (CSV, JSON)
  • Account Recovery: One-click subscription reactivation available with immediate restoration of full platform functionality and retention of all historical data

Restricted Activities During Grace Period:

  • Campaign Creation: Cannot create new campaigns or promotional offers
  • Coupon Generation: Cannot issue new coupon codes or QR codes
  • Campaign Modifications: Cannot edit existing campaign terms, expiration dates, or redemption limits
  • Communication Features: Cannot send new push notifications or email campaigns to customers
  • API Access: API endpoints restricted to read-only operations
  • Location Management: Cannot add new locations or modify existing location settings

9.3.2 Notification Schedule

ReusePass will send automated email notifications to your registered account email address according to the following schedule:

  • Day 1 of Grace Period: Initial notification of subscription termination and grace period commencement
  • Day 15 (Fifteen days remaining): Mid-period reminder with data export instructions and reactivation options
  • Day 23 (Seven days remaining): Urgent notice highlighting impending campaign deactivation and data access termination
  • Day 29 (One day remaining): Final warning with immediate action required notice and last opportunity for data export
  • Day 31 (Post-Grace Period): Confirmation of account deactivation and data retention policy notification

9.3.3 Post-Grace Period Operations

After the thirty (30) day grace period expires:

  • Campaign Deactivation: All campaigns cease accepting new redemptions, regardless of their scheduled expiration dates
  • Customer Protection: Previously issued and validly redeemed coupons that have not yet expired will continue to be honored through their original expiration dates to maintain customer trust and prevent merchant liability
  • Dashboard Access: Complete revocation of dashboard access; account enters suspended state
  • API Termination: All API access terminated, including read-only endpoints

9.3.4 Data Retention and Deletion Schedule

Following grace period expiration, ReusePass implements the following data retention policy:

  • Days 31-90 (Sixty-Day Extended Export Window):
    • Data remains available for export only via support request to support@reusepass.com
    • Account reactivation available with full data restoration
    • Data maintained in secure, encrypted cold storage
    • Export requests processed within 3 business days
  • Day 91 (Permanent Deletion):
    • Irreversible deletion of all merchant data including campaigns, customer lists, and analytics
    • Removal from all backup systems within 7 days
    • Deletion certificate available upon request

9.3.5 Exceptions and Special Circumstances

Notwithstanding the above provisions:

  • Legal Holds: Data may be retained beyond 90 days if subject to litigation hold, subpoena, or other legal preservation requirement
  • Regulatory Compliance: Certain transaction records may be retained as required by applicable law (e.g., tax records, anti-money laundering requirements)
  • Aggregated Data: Anonymized and aggregated data that cannot identify you or your customers may be retained indefinitely for platform improvement purposes
  • Immediate Termination for Cause: In cases of termination for fraud, illegal activity, or material breach, ReusePass reserves the right to bypass the grace period and immediately suspend all access while preserving data for legal purposes

9.3.6 Reactivation Process

During the grace period and extended data retention period (first 90 days after subscription end):

  • Reactivation available via dashboard (during grace period) or support request (after grace period)
  • Upon reactivation, all historical data, campaigns, and settings are fully restored
  • Billing resumes from the date of reactivation (no retroactive charges)
  • Any campaigns that were active during suspension may be manually reactivated at your discretion

Customer Protection Guarantee:

To maintain consumer trust and prevent potential merchant liability under consumer protection laws, ReusePass will continue to validate previously issued coupons through their original expiration dates, even after account termination. This ensures customers who received valid offers are not disadvantaged by merchant subscription changes. Merchants remain responsible for honoring these validly issued coupons.

9.4 Survival

Sections relating to limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive termination shall continue in effect after termination of this Agreement.

10. Legal Compliance

10.1 GDPR Compliance (European Union)

For merchants serving EU residents, ReusePass provides GDPR-compliant data processing including:

  • Data Processing Agreement with Standard Contractual Clauses
  • Support for data subject rights (access, deletion, portability)
  • Privacy by design architecture
  • Data breach notification procedures

10.2 CCPA/CPRA Compliance (California)

For merchants serving California residents, we support CCPA/CPRA requirements including:

  • Consumer rights fulfillment assistance
  • Service provider agreement terms
  • No sale of personal information
  • Security measures for personal information

10.3 Additional Compliance Frameworks

ReusePass maintains compliance readiness for:

  • UK GDPR (United Kingdom)
  • PIPEDA (Canada)
  • LGPD (Brazil)
  • Australian Privacy Act

11. International Merchants

11.1 Local Law Compliance

International merchants must comply with all applicable local laws including consumer protection, data privacy, and electronic commerce regulations in their jurisdiction.

11.2 Cross-Border Data Transfers

By using ReusePass, you acknowledge and consent to the transfer of data to the United States for processing. We utilize appropriate safeguards including Standard Contractual Clauses for international transfers.

11.3 Currency and Payment

All fees are quoted in US Dollars. Currency conversion is handled by your payment processor and may include additional fees.

12. Dispute Resolution

12.1 Good Faith Negotiation

The parties agree to attempt to resolve any dispute through good faith negotiation for a period of thirty (30) days before initiating formal proceedings.

12.2 Binding Arbitration

Any dispute not resolved through negotiation shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Virginia Beach, Virginia.

12.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

12.4 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Virginia, without regard to conflict of law principles. The venue for any disputes shall be Virginia Beach, Virginia.

13. General Provisions

13.1 Entire Agreement

This Agreement, including the Privacy Policy and Data Processing Addendum, constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

13.2 Amendments

ReusePass may modify this Agreement with thirty (30) days notice. Continued use after the effective date constitutes acceptance of the modified terms.

13.3 Assignment

You may not assign this Agreement without our prior written consent. ReusePass may assign this Agreement in connection with a merger, acquisition, or sale of assets.

13.4 Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13.5 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

13.6 Indemnification

You agree to indemnify and hold harmless ReusePass, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the platform, violation of this Agreement, or violation of any rights of third parties.

14. Contact Information

For questions about this Agreement or the ReusePass platform, please contact us:

ReusePass LLC

Email: legal@reusepass.com

Support: support@reusepass.com

Privacy: privacy@reusepass.com

Headquarters: Virginia Beach, Virginia, USA

© 2025 ReusePass LLC. All rights reserved.