Joko

Terms of Service (US)

Last update on March 27, 2025

These Terms of Service (hereinafter referred to as the “Terms of Service” or “Terms”) govern the relationship between Joko USA Inc. (hereinafter referred to as the “Company”), a corporation with headquarters at 251 Little Falls Drive, Wilmington, 19808, Delaware, and any individual or entity (hereinafter referred to as the “Member(s)” or “you”) accessing the services provided under the trade name “Joko” via a mobile application, web application, browser extension, or other means (hereinafter collectively referred to as the “Solution”).

The Privacy Policy, accessible here, is an integral part of these Terms. Together, the Terms of Service and the Privacy Policy constitute the entire agreement between the Company and the Member.

PLEASE BE AWARE THAT SECTION 12 (ARBITRATION AGREEMENT) OF THE TERMS BELOW CONTAINS PROVISIONS GOVERNING HOW ANY DISPUTES BETWEEN MEMBERS AND THE COMPANY WILL BE RESOLVED.  IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT THAT WILL REQUIRE DISPUTES BETWEEN MEMBERS AND THE COMPANY TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

Article 1: Acceptance of Terms of Service

1.1 By checking the box “I accept the Terms of Service and Privacy Policy”, the Member acknowledges having read and accepted all the terms of the Terms of Service without reservation. These Terms establish a contract between the Member and the Company.

1.2 By using the Solution, the Member agrees to comply with the then-current Terms of Service without reservation. The Member is therefore encouraged to consult the latest version of the Terms of Service available in the Solution before any use by clicking on the “Terms of Service” link.

1.3 The Company reserves the right to modify the Terms of Service at any time. If substantial changes are made, they will be notified to the Member via a pop-up window directly in the mobile or web application of the Solution or by email. The Member may then terminate the Terms of Service in accordance with Article 10.3.1 of these Terms. Use of the Solution after the modification date of the Terms of Services signifies the Member's acceptance.

1.4 If you do not accept any of the obligations and conditions contained in the Terms of Service, do not use the Solution.

Article 2: General Overview

2.1 The Company operates the Solution, which allows Members to shop smarter, save time, and save money on their purchases.

2.2 To offer its services, the Company establishes partnerships with merchants listed in the Solution (hereinafter referred to as "Merchant(s)"). These partnerships include the payment of commissions by Merchants to the Company in exchange for being featured in the Solution.

The Member acknowledges that the Company has full discretion to modify the list of Merchants featured in the Solution as well as the partnership conditions with these Merchants.

2.3 Use of the Solution is free for Members, except for the purchase of gift cards, as provided in Article 4.3.

2.4 To access and use the Solution, the Member must have a device with internet access and create a personal account (hereinafter referred to as the “Account”) under the conditions outlined in Article 3. Costs related to the internet connection or usage fees charged by internet providers or mobile operators are solely the responsibility of the Member.

2.5 Some features mentioned in these Terms of Service may not be available across all versions of the Solution and may, for example, only be accessible in the mobile version but not the web version, or vice versa.

Article 3: Account Creation

3.1 Preliminary and Mandatory Registration to Access the Solution

3.1.1 The Member must be a natural person aged 18 or older and must have accepted the Terms of Service without reservation. Any Member who is a minor over the age of 16 must obtain prior written consent from a parent, guardian, or any person with legal authority to access the Solution. No account may be created by a person under the age of 16.

3.1.2 Given the nature and purpose of the Solution, shall only be accessed for personal use, and not for resale or other commercial purposes, and the Member is prohibited from using the Solution in the exercise or interest of an activity competing with the Company. This condition is essential and decisive for the Company.

3.1.3 Any registration that does not comply with the conditions set out in Articles 3.1.1 and 3.1.2 may not be considered or may be refused or canceled.

3.1.4 To create an Account and benefit from the Solution, the Member must:

  • Register by completing the registration form available within the Solution (hereinafter referred to as the “Registration Form”); or

  • Transfer their information from social networks, Apple, or Google Login (hereinafter referred to as “Social Login”), and if necessary, complete any missing required information. In such cases, the Member is responsible for providing the mandatory missing data necessary to create their Account.

3.1.5 The Member agrees to create only one Account. The Company reserves the right to delete any additional accounts created by the same Member.

Members whose Account has been deleted for violation of the Terms of Service are prohibited from creating a new Account. The Company reserves the right to delete any Account created in violation of this prohibition or any Account created in violation of the Terms of Service.

3.2 Accuracy of Information Provided by the Member

3.2.1 Regardless of the method used to register, the Member guarantees the Company that they have provided accurate, truthful, up-to-date, and complete information about their identity and contact details. The Member agrees to provide an effective and personal email address.

3.2.2 The Member agrees to regularly update all profile-related information to ensure its accuracy. Each Member can modify their personal data at any time by logging into their Account.

3.2.3 The Company reserves the right to verify compliance with the Terms of Service and, as such, may request from the Member all necessary information and verifications to attest to the accuracy of the data provided in the Registration Form.

If it is suspected, for legitimate or proven reasons, that the Member has provided false, inaccurate, outdated, or incomplete data, the Company has the right to suspend or deactivate their Account immediately and without notice and to deny them access to all or part of the Solution in the future, under the conditions provided in Article 10 of the Terms of Service.

3.3 Member Account Credentials

3.3.1 The Member registers by providing a username and password, which will allow them to access the Solution. The Member may also use the connection methods offered by Social Login. The Member must keep their username and password confidential, abstain from any disclosure, and protect them from unauthorized third-party access to ensure their confidentiality.

The password chosen by the Member must meet the following security requirements: at least ten (10) characters, including one (1) lowercase letter, one (1) uppercase letter, and one (1) number.

The Company recommends the Member not to choose a username and password that are identical or similar to those used for another service, including those offered by third parties, to which the Member is already subscribed.

3.3.2 The Member is responsible for any use that may be made of their username and password and/or the Social Login used to register on the Solution, and guarantees their confidentiality, as well as any use of their Account.

The Member agrees to immediately inform the Company of any use or risk of unauthorized use of their Account and of any breach of the confidentiality and security of their login credentials using the contact form available within the Solution.

3.3.3 If the Company has legitimate reasons to believe that the security of the Solution is compromised or that it is being misused due to unauthorized use of the Member’s login credentials, it may temporarily suspend the Account to preserve the integrity of the Solution and its data and, if deemed appropriate, require the modification of these credentials.

The Member is responsible for any use of their login credentials by a third party due to their fault or actions and for the use of the Solution made as a result.

The Company cannot be held liable for damages resulting from the Member's failure to comply with the obligations stipulated in this article, except in cases where the Company has failed to meet its obligation to ensure data security.

Article 4. Description of the Solution

4.1. List of Services Provided in the Solution

The Solution provides access to the following services:

  • The Shopping Search Engine (hereinafter, the “Search Engine”), which allows Members to find any retailer or product, regardless of the retailer selling it, whether they are Partner Merchants of the Company and listed in the Solution or any other retailer.

  • Access to three (3) types of offers (hereinafter, the “Offer(s)”) provided by the Merchants:

    • Online Offers (hereinafter, “Online Offers”), which are available for purchases made online via the Solution;

    • Card-linked Offers (hereinafter, “Card-linked Offers”), which are available for purchases made to the Merchant using the Member’s payment card;

    • Gift Card Offers (hereinafter, “Gift Card Offers”), which are available for the purchase of gift cards on the Solution that can be redeemed with the Merchants.

By exception to the above provisions, the Company reserves the right to independently offer Offers for which no partnership has been established with a corresponding Merchant (hereinafter, “Joko Offers”).

  • Rewards (hereinafter, “Rewards”) that can be accumulated when the Member participates in Offers. The amount of Rewards is determined in the Offer’s conditions, it can be fixed or calculated as a percentage of a purchase made through the Offer. Rewards accrue in the Member’s Balance (hereinafter, “Balance”) but have no monetary value until they are redeemed in accordance with the Redemption Process (hereinafter, “Redemption Process”) described in 4.3.

The Company is not a financial institution and does not act as a custodian of any funds. While the Company facilitates the distribution of Rewards earned through eligible Offers, the Company does not hold, manage, or invest any funds on your behalf. Any funds or Rewards you receive are not held in an account or deposit and are not insured or protected by financial regulations, including, but not limited to, those governing banks or other financial institutions. Any Rewards you earn are never under the custodianship or control of the Company, and the Company is not responsible for managing, safeguarding, or controlling any funds at any point in the process. The Company reserves the right to cancel or void any Rewards at any time and for any reason. By using the Solution, you acknowledge and agree that the Company is solely providing a service to facilitate Rewards and is not responsible for managing, safeguarding, or investing any funds on your behalf.

Members are solely responsible for understanding and complying with any tax obligations related to Rewards. The Company shall be entitled to deduct and withhold from any amount payable to Members such amounts as are required to be withheld therefrom under any provision of applicable tax law or rules of the Company’s payment service providers.

The Company may also credit Rewards to the Member’s Balance when certain actions are performed within the Solution. Specifically, Members can refer one or more individuals and earn Rewards when each of them registers on the Solution.

  • Coupons (hereinafter, “Coupons”), which allow Members to benefit from discounts on online purchases made available via the Solution with Merchants or any other retailer found using the Search Engine. Coupons are either automatically applied at checkout or manually selected by the Member.

  • Favorite offers (hereinafter, “Favorite Offers”), which enable Members to save their preferred Offers from among those provided by Merchants.

  • Saved items (hereinafter, “Saved Items”), which enable Members to save a product and, in particular, track its price changes.

  • The budgeting feature (hereinafter, “Budgeting”), which provides Members with a categorization of their expenses based on an analysis of certain information regarding financial transactions from their bank account(s) connected to the Solution, along with statistics such as an estimate of the carbon footprint equivalent to their purchases.

  • Loyalty cards (hereinafter, “Loyalty Cards”), which allow Members to digitize and store their loyalty cards directly within the Solution, usable at certain Merchants or at retailers with whom no partnership has been established.

  • Shopping assistant (hereinafter, the “Shopping Assistant”), which provides Members with product suggestions based on their online searches, tailored to their needs and preferences. This service is offered for informational purposes only and does not guarantee the comprehensiveness or availability of the products.

4.2. Conditions for Using Offers and Earning Rewards

Each Offer may be subject to specific terms and conditions, which will be accessible on the descriptive page of the relevant Offer.

The Offers visible to Members in the app may be personalized based on their profile.

Merchants determine whether or not a Member is eligible for an Offer, and the Member understands and acknowledges that the Company does not intervene in this decision. In the event of a dispute by a Member regarding a decision by a Merchant, the Member shall contact the Merchant to resolve such dispute.

By exception to the above, the Company itself determines Member eligibility for Joko Offers and reserves the right to modify this eligibility at any time.

The Company reserves the right to modify any Offer in case of an obvious error. In such cases, if the Member has made a purchase with the Merchant, the Company will credit the Member with the Rewards corresponding to the corrected Offer.

Rewards applied to Online Offers, Card-linked Offers, and Gift Card Offers are funded by the Merchant providing the Offer where the purchase was made. Rewards applied to Joko Offers, however, are funded by the Company itself.

The Member understands and acknowledges that only finalized purchases are eligible for Rewards: if such purchases are refunded, particularly in cases of order cancellations or withdrawals with the Merchant, the Member will not be entitled to the corresponding Rewards.

4.2.1. Online Offers

For Online Offers, Rewards are tracked using tracking links. By enabling cookies during their visit to the Merchant’s website, the Member allows the Solution to trace the transaction and apply the Rewards allocated by the Merchant.

To benefit from an Online Offer and earn Rewards, the Member must:

  • In the mobile or web app of the Solution: click on the dedicated link for the Online Offer and complete the purchase directly on the Merchant’s website by following this link; or

  • In the browser extensions of the Solution: click on a pop-up offering benefits and then complete the purchase on the Merchant’s website; and

  • In all cases, accept cookies and ensure that no third-party blocking service is activated on their browser or operating system (e.g., ad-blockers, anti-tracking software, toolbars, browser extensions, spyware, viruses, antivirus software, etc.). Otherwise, the Company will not be able to identify the transaction associated with the Online Offer and credit the Member with Rewards.

Rewards are calculated on the amount due excluding taxes, shipping fees, and other charges.

By exception, the Merchant may agree to approve Rewards even if the purchase is partially canceled. In such cases, the Rewards amount will be adjusted proportionally to the final transaction amount. This payment must not be made using a deal, coupon, or gift card not provided by the Solution.

By exception to the provisions of Article 3 of the Terms of Service, a Member who has downloaded the Solution’s browser extension but has not created an Account may begin earning Rewards in their Balance using the Online Offers available. Under this exception, if Rewards are accumulated across multiple devices, only the Rewards earned on the first device will be retained and usable upon completing registration.

Additionally, if a Member deletes the Solution from their device before completing registration, any accumulated Rewards will be permanently lost.

4.2.2. Card-linked Offers

For Card-linked Offers, Rewards are tracked using technology that enables secure connection to banking platforms once the Member connects the Solution with their bank through a protected interface.

To benefit from Card-linked Offers, the Member must:

  • Connect their bank account to the Solution, linking the payment card(s) they will use to make purchases with Merchants;

  • Select their bank and enter their banking credentials within the dedicated secured interface. In some cases, the Member may also be prompted to authenticate via app-to-app functionality.

This secure connection is carried out through a third-party provider, which offers a specialized and authorized banking service regulated by the Gramm-Leach-Bliley Act (GLBA) and the Dodd-Frank Act (Section 1033). This connection allows the Solution to access the Member’s transaction data, which is limited to the following elements: merchant identification, transaction date, transaction amount, transaction label, bank account number linked to the transaction, and transaction category (bank transfer or card payment).

It should be noted that the Company does not have access to or store these credentials. Only the third-party provider has access to and uses the Member’s banking credentials to retrieve their transaction data and transmit it to the Company for the proper functioning of the Solution.

4.2.3. Gift Card Offers

For Gift Card Offers, Rewards are credited upon purchasing gift cards through the Solution.

To access Gift Card Offers and purchase gift cards, the Member must:

  • Select the Merchant of their choice offering a Gift Card Offer;

  • Specify the desired amount of the gift card;

  • Before finalizing the purchase, verify the selected gift card, the Merchant, and the amount, and if necessary, make changes; and

  • Complete the payment using one of the payment methods available in the Solution (including credit card via the provided payment platform, Apple Pay, or Google Pay). If payment authorization is denied, the gift card will not be accessible to the Member, who will then need to contact their bank directly to resolve the issue.

The gift card will be immediately made available to the Member in the Solution and can be used directly at the selected Merchant. For some Merchants, the issuance of the gift card may take a few minutes. If the Member notices that the gift card is not made available in the Solution, they are encouraged to contact the Company.

Upon request, the Company will send the Member an invoice for the purchase of the gift card, which will be sent by email. Invoice requests must be directed to the Company’s customer service.

The gift card is strictly personal and may only be used by the Member at the selected Merchant, either online, in physical stores, or both. The Merchant may impose various conditions for the use of the gift card, which will be communicated to the Member at the time of purchase and provided with the card.

The gift card can be used at the Merchant within the validity period indicated on it. The Company will not be held responsible if the Member fails to use the gift card within its validity period.

Additionally, the Member agrees to use the gift card strictly for personal purposes and is prohibited from copying or publicly sharing any elements of the gift card.

All gift cards purchased through the Solution are final and non-refundable unless otherwise required by law.

4.3. Conditions for Redeeming Earned Rewards

4.3.1. The Member freely chooses how to use the Rewards accumulated in their Balance and can use it at any time, without time limitations. The Member can convert all or part of the accumulated Rewards in the Balance through the following options:

  • By transferring the funds to their bank account via a bank transfer;

  • By converting it into a gift card, or

  • By donating it to charitable organizations.

As a reminder, by exception to the provisions of Article 3 of the Terms of Service, a Member who has downloaded the Solution but not yet registered can begin accumulating Rewards in their Balance through the Online Offers made available to them. However, the Member must complete their registration to redeem the available Rewards through a bank transfer, gift card, or donation.

4.3.2. The Company cannot be held liable for any loss, including potential misuse of bank transfers, gift cards, or donations, or any other damages resulting from the Member’s failure to comply with their obligations under the Terms of Service.

4.3.3. Each Rewards redemption option requires a minimum amount of accumulated Rewards in the Balance, as indicated within the Solution. The Company reserves the right to modify this minimum amount over time.

Under no circumstances can the Member redeem Rewards if the required minimum amount has not been reached.

4.3.4. To convert the Rewards accumulated in their Balance, the Member must follow the instructions provided in the Solution:

  • If the Member chooses a bank transfer, they must provide the following  banking details to allow the transfer: 

    • Bank Name;

    • Account Holder’s Name;

    • Routing Number (ABA Number);

    • Account Number;

    • Type of Account: checking or savings.

The transfer will be processed within seven (7) business days, subject to bank processing times. Bank transfers are only available to accounts domiciled in the United States of America.

  • If the Member selects a gift card, an email will be sent within twenty-four (24) business hours, containing a code and instructions on how to use it. This timeframe may be extended for fraud prevention checks.

  • If the Member opts to make a donation, they only need to follow the subscription steps indicated in the Solution.

4.3.5. The selection and use of bank transfers, gift cards, or donations are the sole responsibility of the Member. The Member acknowledges that they are solely responsible for using the gift card under the conditions set by the respective Merchant and must ensure it is used before its expiration date, if any. Furthermore, the Company cannot be held liable for any damages caused to the Member or a third party resulting from the use of bank transfers, gift cards, or donations, including without limitation any issues or delays in transferring the redeemed Rewards to a Member’s bank account due to reasons outside of the Company’s control.

4.3.6. If the Member chooses to redeem their Rewards via Gift Cards or Donations, they may only select from the gift cards and charities available on the Solution at the time of redemption. Additionally, gift cards obtained by using Rewards do not allow for additional Rewards accumulation.

4.3.7. The list of gift cards and charities available for donations may be modified by the Company at any time without justification or notice to Members, and the Company’s liability cannot be engaged in this regard.

4.3.8. The Member acknowledges that gift cards are provided “as is” and may contain errors, bugs, or anomalies that could disrupt their proper functioning. The Member must report such anomalies to the Merchants or to the Company if the issue pertains to the gift card itself. The Member releases the Company from any liability arising from the use of Rewards to buy gift cards. In case of the unavailability of a gift card for any reason at the time of Rewards redemption, the Company reserves the right to cancel the gift card order and refund the Member for the transaction amount.

4.3.9. Rewards redeemed into donations, once the donation is made through the Solution, do not qualify for any tax deduction for Members. The Company also waives any right to benefit from such tax deductions.

4.3.10. Rewards, as long as they have not been used, and all other services contained in the Solution remain the property of the Company and not the Member.

4.3.11. The Member is solely responsible for the provision of current and relevant information, and the Company shall not be responsible for failure to redeem the Rewards due to incorrect, incomplete, or obsolete information provided by the Member through the Solution.

4.4. Conditions for Using Coupons

The Member can, via the mobile application and browser extensions of the Solution, use Coupons provided by Merchants to obtain additional discounts on purchases made through certain Online Offers.

To access Coupons in the mobile application, the Member must click on the Offer of their choice and navigate to the “Coupons” tab.

Additionally, the Solution may offer the Member the option to automatically apply Coupons at the time of purchase completion.  The Company shall not be liable for any failure to display available Coupons by the Solution, or inability to apply any Coupons to a specific purchase.

4.5. Conditions for Using Favorite Offers and Saved Items

The Member can, if they wish, select their favorite Card-linked Offers or Online Offers by clicking on the dedicated icon directly on the Offer of their choice. The selected Offers will automatically be listed in the “Favorite Offers” menu of the Solution’s mobile and web apps.

Additionally, Favorite Offers can be selected by the Member as soon as their Account is created.

The Solution also allows the Member to save their chosen products through the Saved Items feature and track their price changes.

4.6. Conditions for Using the Budgeting Feature

When the Member connects their bank account(s) to the Solution, the Company analyzes all transactions associated with those accounts. The Company then provides the Member with information about their banking transactions in the form of graphs and automatically categorizes the Member’s transactions by type of expense or income. Additionally, the Company offers an estimate of the carbon footprint based on the identified banking transactions.

To access this feature, the Member must go to the “My Profile” tab in the application and click on the “Budget” feature. This service is only available on the Solution's mobile app.

The Member will have the ability to modify transaction categories and categorize transactions that have not been automatically categorized by the Company.

Using this feature requires the Member to have previously connected the Solution to their bank account to identify the financial flows transiting through the connected account(s).

The Budget Management feature is provided by the Company “as is” to help the Member identify their various expense categories and budgets.

The Company does not provide any advice on budget and expense management and does not guarantee the completeness of the transactions displayed in the feature or the absence of errors in the transactions provided by the Member’s bank(s). As such, the Member is solely responsible for any decisions they make regarding the management of their budget and expenses.

4.7. Conditions for Using the Shopping Assistant

The Shopping Assistant is a free service available to Members under accessibility conditions defined by the Company, which reserves the right to restrict or limit access at any time.

The Shopping Assistant is accessible via the browser extensions of the Solution. Members must install these extensions to use the service and perform a product search in the online search engine of their choice. The Shopping Assistant will directly display product suggestions in the browser based on the search query. Members can then continue interacting with the Shopping Assistant to refine their search.

The Shopping Assistant enables Members to interact with an AI model designed to understand their queries. The model searches the Company’s product catalog for items that best meet the Member's expressed needs.

The Shopping Assistant may use AI models provided by external partners.

Product suggestions provided by the Shopping Assistant are for informational purposes only. The Company does not guarantee the accuracy or relevance of the suggestions. Members remain fully responsible for purchase decisions made based on the results provided by the Shopping Assistant.

The Shopping Assistant is exclusively dedicated to shopping-related queries and cannot respond to questions unrelated to this topic.

Article 5. Complaints

Any Member may submit a complaint regarding the services offered by the Company.

Complaints will be resolved by the Company at its sole discretion.

Additionally, any complaint related to the conclusion, performance, or termination of a contract entered into by a Member with one of the Merchants (including complaints regarding delivery, quality, or conformity of the purchased good or service, or the exercise of the right of withdrawal) must be addressed directly to the Merchant where the purchase was made.

The Company’s customer service will make every effort to process any complaint within the scope of this article within an indicative period of five (5) days after receipt and to provide a definitive response within an indicative period of sixty (60) days from the processing date.

Article 6. Contact

For any complaints, questions, or requests for information, Members can contact the Company via the request form: How Can I Contact Customer Service?.

Article 7. Intellectual Property

7.1. The Solution, trademarks, logos, and any other distinctive signs of the Company and/or the Merchants, as well as any software used to provide the Solution, and the content of the Solution (i.e., any text, video, photograph, or other information in any format and of any nature appearing in the Solution) (hereinafter, the “Elements”) are the exclusive property of the Company and/or the Merchants, and/or third parties and may be protected by copyright, trademark rights, patent rights, or any other intellectual property rights. The Terms of Service do not result in any transfer of ownership or intellectual property rights over these Elements to the Member. The Company or its licensors shall own and retain all rights, titles, and interest in and to the Elements.  There are no implied rights. The Company reserves all rights not expressly granted herein. You acknowledge that any ideas, inventions, suggestions for improvement, or discussions submitted by you regarding any aspect of the Services, including, without limitation, the functioning, features, and other characteristics thereof (or any component thereof) (all of the foregoing, collectively, “Feedback”) may be used by the Company without compensation or attribution to you, and you hereby grant to the Company, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty-free, non-exclusive, sublicensable and transferable license under all intellectual property rights in and to the Feedback for the Company to use for any purpose.  

It is therefore prohibited to copy, modify, reproduce, distribute, publish, integrate on any medium, adapt, transfer or assign, license, sublicense, pledge, transmit, or otherwise transfer the Elements of the Solution, or to perform reverse engineering or use any other method to attempt to access the source codes and/or protocols of the Solution without the express authorization of the Company or the rights holder.  

Subject to your acceptance and compliance of these Terms of Service, including payment of all applicable fees, the Company grants you a personal, non-sublicensable, nonexclusive, nontransferable, limited license, solely for so long as you have a valid account, as applicable, and subject to any restrictions specified on the Solution, to access and use the Services over the internet, solely for your internal personal, non-commercial purposes and in accordance with the terms of these Terms of Service.  

7.2. Any extraction, collection, or automatic reproduction of data, information, or content present on the Solution by any technical means (including bots, crawlers, or other scraping tools) is strictly prohibited. This prohibition applies to all users, whether or not they are Members who have accepted these terms. Unauthorized scraping or similar activities may violate applicable laws, including, without limitation, the Computer Fraud and Abuse Act (CFAA), copyright laws, and trade secret protections.

Article 8. Data Protection and Privacy

The use of the Solution provided by the Company involves the processing of personal data related to the Member by the Company and, where applicable, by the Merchants, third-party players, or its service providers.

The main features of this processing, as well as the rights Members have in relation to this processing, are detailed in the Privacy Policy, accessible by clicking here.

Article 9. Liability

9.1. The Company undertakes all necessary measures to ensure the proper functioning, continuity, and quality of the Solution under a best-effort obligation. It cannot be held responsible for any suspension or interruption of the Solution, without prior notice, for reasons such as maintenance or updates. Updates aimed at improving the Solution may temporarily render it inaccessible.

 YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE USE OF THE SERVICES. AS SUCH, THE SERVICES ARE PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE,” AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS INTEGRATED THEREIN, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED. 

NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH THE MEMBER.  WITHOUT LIMITING THE FOREGOING, THE COMPANY OR ANY THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES DO NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO MEMBERS THROUGH THE SOLUTION, THE SERVER SUPPORTING THE SOLUTION, OR E-MAILS SENT FROM THE COMPANY WILL BE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SOLUTION WILL OPERATE WITHOUT INTERRUPTION OR ERROR. MEMBER ACKNOWLEDGES THAT THE COMPANY DOES NOT GUARANTEE THE ACCURACY OF DATA CAPTURED THROUGH ITS SOLUTION, INCLUDING WITHOUT LIMITATION INFORMATION REGARDING COUPONS, REWARDS, AND BUDGET MANAGEMENT. THE COMPANY IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING FROM THE CAPTURE, ANALYSIS, OR INTEGRITY OF SUCH DATA UNDER ANY CIRCUMSTANCES. MEMBER ACKNOWLEDGES THAT THE COMPANY IS NOT RESPONSIBLE IN ANY WAY FOR MAINTAINING, SECURING, UPDATING, CHARGING, OR REPLACING HARDWARE, OR COMPONENTS OF HARDWARE. MEMBER ACKNOWLEDGES THAT THE COMPANY IS NOT RESPONSIBLE IN ANY WAY FOR FIRE, THEFT, LOSS, DAMAGE, OR ANY LIABILITIES ARISING FROM THE HARDWARE USED BY MEMBER TO ACCESS OR USE THE SOLUTION.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES, AND EMPLOYEES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, EVEN IF FORESEEABLE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. ADDITIONALLY, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SOLUTION, THE SERVICES, OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCTS, OFFERS, COUPONS, GIFT CARDS, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR FROM EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL, SUCH AS SOLUTION INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). 

9.2. The Company has no control over the products or services offered by the Merchants, their terms of use, or their purpose.

As such, the Member understands and acknowledges that the Company is not involved in the contractual relationship between the Member and the Merchant and cannot be held liable for any issue arising during the conclusion, performance, or termination of a contract between the Member and a Merchant. Specifically, the Company is not responsible for claims regarding delivery or the quality of goods or services purchased via a gift card. Merchants are solely responsible for their interactions with you and any and all claims, injuries, damages, liabilities, and costs, including without limitation product liability claims (“Merchant Claims”) suffered by Members as a result of purchases or any other interactions with Merchants or from any promotion, offer, product or service of any Merchants, and Members must resolve all disputes directly with Members, including without limitation any right of withdrawal. To the maximum extent permitted by applicable law, you hereby release the Company from any and all such Merchant Claims. 

It is agreed and understood that the releases being provided by the Member shall apply to all unknown and unanticipated claims, as well as those known and anticipated.  IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HAVE BEEN MADE AWARE OF, HAVE READ, AND UNDERSTAND THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: 

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”  

YOU EXPRESSLY, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS, BENEFITS, AND PROTECTIONS OF CALIFORNIA CIVIL CODE SECTION 1542 AND OF ANY OTHER APPLICABLE STATE OR FEDERAL STATUTE, COURT DECISION, OR COMMON LAW PRINCIPLE LIMITING THE SCOPE OR EFFECT OF THIS RELEASE.  YOU HEREBY SPECIFICALLY ACKNOWLEDGE THAT YOU HAD THE OPPORTUNITY TO DISCUSS THE MEANING, LEGAL EFFECT, AND IMPORT OF THIS RELEASE WITH LEGAL COUNSEL OF YOUR CHOOSING. The Company’s liability is limited to providing the Solution and the services described in Article 4 of the Terms of Service, such as enabling Members to benefit from a Rewards mechanism for purchases with Merchants, which the Members may use at their discretion. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  

9.3. The Company cannot be held liable for the consequences of any modification, suspension, or termination of:

  • The partnership between the Company and a Merchant or any third party;

  • The Rewards amount or percentage offered by a Merchant;

  • The Offers or Coupons provided by a Merchant.

9.4. The Company is not responsible for any content, products, or services available on external websites, including those of Merchants, or for activities carried out by Members on these sites. If third-party websites include links to the Solution, the Company cannot be held liable for those links or for any content accessible on such third-party sites.

9.5. Given the technical, computing, and telecommunications constraints inherent in using the Solution, the Company cannot be held liable for damages caused by a malfunction during any stage of accessing the Solution. This includes, but is not limited to, issues related to Internet usage, such as service interruptions, external intrusions, computer viruses, or other malfunctions. The Member must promptly notify the Company of any difficulties encountered while using the Solution.

If the Company has legitimate reasons to believe that the Solution's security is compromised or that misuse of the Solution is due to unauthorized use of the Member’s credentials, the Company may temporarily or permanently disable the Member’s Account to protect the integrity of the Solution and the Member's Account data. The Member agrees to cooperate with the Company and update their credentials (such as username, email address, and/or password) directly in the Solution.

9.6. The Member expressly guarantees their authorization to use the Solution. Members agree to use the Solution as intended and, unless otherwise permitted under these Terms of Service, shall not: (a) use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms of Service or the present Section, or is otherwise threatening, fraudulent, unfair, dishonest or harmful in any way, including actions aimed at artificially increasing Rewards beyond what corresponds to their purchases or other qualifying actions; (b) use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the Services; (c) use or attempt to use another Member’s account or information without authorization from that Member and the Company; (d) use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other Members from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner; (e) reverse engineer any aspect of the Services, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Solution or any part thereof, or bypass or circumvent (i) measures employed to prevent or limit access to or use of any part of the Services or (ii) restrictions aimed at deterring or preventing uses of the Services that violate this Section; (f) develop or use any applications or software that interact with the Services without our authorization (such as through our APIs); (g) use any part of the Services to research and develop products, models and services that compete with the Company; (h) use any part of the Services as input for any machine learning or artificial intelligence technology that is not provided by the Company; (i) use any part of the Services as part of a dataset that may be used for training, fine-tuning, developing, testing or improving any machine learning or artificial intelligence technology; (j) copy the Solution, or use any robot, spider, or other automatic device, process, or means to access the Solution for any purpose, including monitoring or copying any of the material on the Solution; (k) frame, mirror, or otherwise incorporate the Solution or any portion of the Solution as part of any other mobile application or service; (l) use any illustrations, photographs, video or audio sequences, or any graphics provided in the Solution other than for purposes of using the Services in accordance herewith; (m) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Solution; (n) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Solution; (o) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Solution, or any features or functionality of the Solution, to any third party for any reason, including by making the Solution available on a network where it is capable of being accessed by more than one device at any time; or (p) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Solution..

The Member agrees to provide the Company, upon request, with any documents required to justify their entitlement to the Rewards under the Terms of Service.

9.7. The Company cannot be held liable for non-performance or improper performance of its obligations if attributable to the Member’s behavior, an unforeseeable and insurmountable act of a third party, or a force majeure event.

9.8. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN THE EVENT THAT THE COMPANY IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES (OR ANY PORTION THEREOF) OR THE SOLUTION, THE COMPANY’S LIABILITY SHALL BE STRICTLY LIMITED TO THE GREATER OF: (I) ONE HUNDRED U.S. DOLLARS ($100); OR (II) THE TOTAL PRICE YOU PAID FOR THE SERVICES (IF ANY) DURING THE MONTH PRECEDING THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.

9.9. To facilitate interactions, the Member agrees that the Company’s computer systems and records will serve as evidence unless the Member provides equivalent or superior proof to the contrary.

The Company’s computer files and records, stored under reasonable security and reliability conditions, may be validly used as evidence of the execution of the Terms of Service and any events, communications, or relationships between the Parties in connection with the Solution’s use.

The Company may use such data, files, programs, recordings, or other items received, sent, or stored via the aforementioned systems as evidence in any procedure unless there is a manifest error.

The Company, in turn, agrees to accept similar evidence provided by the Member that meets the same standards.

Article 10. Duration of the Contract – Termination

10.1. Duration of the Contract The Terms of Service are entered into for an indefinite period starting from the Member's initial acceptance under the terms described in Article 1.

10.2. Termination by the Company

10.2.1. Inappropriate or Fraudulent Behavior. The Company may take necessary measures to address abuses if the Company determines that the Member has:

  • acted in violation of applicable laws or regulations (e.g., using illegal means to generate transactions or laundering funds); or

  • engaged in fraudulent or abusive behavior (e.g., creating multiple accounts to unduly benefit from the Solution’s services or providing intentionally false information); or

  • used the Company’s services maliciously or inappropriately (e.g., using automated software to access services or taking actions to disrupt the platform's proper functioning); or

  • violated or failed to comply with the Terms of Service.

These measures may include:

  • The cancellation of Rewards accumulated by the Member;

  • The immediate and without prior notice suspension of access to all or part of the Solution to conduct further investigations regarding the Member’s actions.

In the event of suspension, the Company will notify the Member by email of the actions taken and will issue a formal notice to cease the violation. The Member may present their observations and justifications to the Company.

After a period of eight (8) calendar days following the notification, if the issue remains unresolved, the Company may either:

  • Terminate the contractual relationship with the Member, resulting in the deletion of the Member’s Account; or

  • Maintain the suspension of the Member’s Account for up to twelve (12) months to continue its investigations. The Company will inform the Member, who will have the opportunity to present their observations.

10.2.2. Inactivity. The Company reserves the right to deactivate a Member's Account after a total inactivity period of twenty-four (24) months or more, starting from the Member’s last login to the Solution. A notice will be sent electronically to the Member with a one (1) month warning period before deactivation.

The Member may reactivate their Account within one (1) month following its deactivation by logging back into the Solution.

10.2.3. General Termination. The Company may deactivate a Member's Account and terminate their contract by electronic notification, subject to a one (1) month notice period.

10.3. Termination by the Member

10.3.1. Voluntary Termination. The Member may terminate their use of the Solution and delete their Account at any time by following the procedure provided in the Solution, specifically by clicking the “Delete My Account” button in the “Settings” section. This will result in the termination of the contract.

Within forty-eight (48) hours of the termination request, which constitutes the termination of the contractual relationship, all or part of the Member's data may be deleted from the Company's databases, and the Member will no longer have access to the Solution.

The Company advises Members to use their Rewards Balance before terminating their Account, as any accumulated Rewards in the Balance will be permanently lost.

10.3.2. Termination in Case of Death. In the event of the Member's death, upon submission of relevant supporting documents, the Account will be deactivated. The Account's content will only be transferred to heirs upon a court order or if the Member provided prior instructions to the Company in accordance with the Privacy Policy.

Article 11. Force Majeure

11.1. Force majeure refers to events beyond the reasonable control of a party that prevent or delay the performance of its obligations under these Terms of Service. Such events include, but are not limited to, acts of God, natural disasters, governmental actions, acts of terrorism, war, labor disputes, pandemics, failures of third-party service providers, or disruptions to telecommunications or the Internet.

11.2 If a force majeure event occurs, the affected party’s obligations under these Terms (with the exception of any payment obligations of Members) will be suspended for the duration of the force majeure event, provided that the affected party promptly notifies the other party of the force majeure event in writing and takes reasonable steps to minimize its effects.

11.3. The party invoking force majeure must provide written notice to the other party as soon as possible via email, providing a detailed description of the force majeure event and an estimate of its duration, and the measures being taken to mitigate its impact. Failure to provide timely notice may result in the forfeiture of force majeure protections.

11.4 If the force majeure event continues for more than thirty (30) consecutive days, either party may terminate these Terms without penalty by providing written notice to the other party. Upon termination, any outstanding obligations that were not affected by the force majeure event will remain enforceable.

Article 12. Disputes

12.1 These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. Except as provided below as to those disputes submitted to arbitration pursuant to the Federal Arbitration Act, any other dispute must be brought in state or federal court in New York, New York, and you expressly submit to the jurisdiction of such courts and waive any claims that such courts are an inconvenient forum.

12.4 Any dispute, claim, or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, which shall govern the interpretation and enforcement of this arbitration agreement. The arbitration is to be held before a single arbitrator and administered by the American Arbitration Association (AAA) in accordance with the then-current Consumer Arbitration Rules. The arbitrator shall be jointly selected by the parties. If the parties are unable to agree upon the arbitrator, either party may request the AAA to select the arbitrator. Before beginning the proceedings, the appointed arbitrator must provide an oath or undertaking of impartiality. All arbitration proceedings shall be conducted on a confidential basis. Any award, order or judgment pursuant to such arbitration shall be deemed final and binding upon the parties and may be enforced in any court of competent jurisdiction. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitration shall take place in New York County, New York.

12.5 Members may opt out of the arbitration agreement within thirty (30) days of agreeing to these Terms by providing written notice to the Company.

12.6 Members agree to resolve disputes on an individual basis and waive any right to participate in a class action, consolidated action, or representative proceeding. This waiver applies to all claims brought under any theory of law or equity.  The parties agree that the arbitrator of any dispute between the parties shall not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding.

12.7 YOU UNDERSTAND THAT BY AGREEING TO SUCH BINDING ARBITRATION YOU ARE HEREBY WAIVING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SOLUTION CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.