BrandWallet agrees and undertakes to provide the Services to the Customer in accordance with these Terms of Use, utilizing its expertise and the required infrastructure. BrandWallet will perform its obligations fully and accurately, maintaining the quality and integrity of the Services throughout the term of this Terms of Use. BrandWallet shall operate in full cooperation with the Customer and use its best efforts to maintain and improve the quality of the Services.
BrandWallet will provide the Customer with access to a dedicated account through the Manager Interface at
https://admin.brand-wallet.com. The Manager Interface will enable the Customer to view analytical and reporting data, monitor campaign performance, and manage account activities. BrandWallet will periodically update the Manager Interface to ensure continued functionality and alignment with the provision of the Services. From time to time, BrandWallet may provide access to beta features or services that are not fully tested or supported. Such features are provided "as is" and without warranty, and BrandWallet reserves the right to modify or discontinue them at any time.
As part of the Services, BrandWallet shall provide the Customer with access to a QR code reader application. The subscription fees paid by the Customer include this functionality; however, if the Customer requests additional devices, apparatus, or custom tools beyond those included in the Services, such requests will incur additional charges. Any custom tools, features, or functionalities developed by BrandWallet for the Customer shall remain the sole property of BrandWallet unless otherwise explicitly agreed in writing.
BrandWallet is responsible for enabling the integration of campaigns, promotions, and discounts created by the Customer into digital wallets on the End Customer’s mobile devices. This integration is facilitated through default wallet applications, including Apple Wallet on Apple’s iOS operating system and Google Wallet on Google’s Android operating system, as well as third-party wallet applications compatible with these operating systems. However, BrandWallet shall not be liable for issues arising from the technical infrastructure or devices of the Customer or the End Customer, compatibility limitations or changes in Apple iOS or Google Android operating systems, default wallet applications such as Apple Wallet or Google Wallet, third-party wallet applications, internet connectivity problems, or failures in third-party platforms or systems. Additionally, BrandWallet shall not be responsible for failures, malfunctions, or disruptions in the services of Integration Partners, and any claims related to their performance shall be directed solely to the respective Integration Partner. BrandWallet’s liability is strictly limited to disruptions or errors directly caused by its own negligence or failure to perform its obligations under these Terms of Use. For clarity, Integration Partners include but are not limited to third-party POS (point of sale) systems and cashier software solutions. BrandWallet shall not be liable for any downtime, disruption, malfunction, data loss, transaction error, or service unavailability caused by such POS or cashier system providers. The Customer acknowledges and accepts that the performance and availability of third-party cashier and POS integrations are entirely beyond BrandWallet’s control.
Certain functionalities of the Services depend on third-party platforms, including but not limited to Apple Wallet, Google Wallet, and third-party wallet applications. BrandWallet shall not be liable for disruptions, limitations, or modifications in these third-party platforms that may impact the functionality of the Services. Additionally, BrandWallet is not responsible for delays or failures caused by events beyond its reasonable control, including but not limited to force majeure, cyberattacks, or regulatory changes.
BrandWallet will monitor the Customer’s usage of the Services to ensure compliance with these Terms of Use. If misuse, abuse, or security threats are detected, BrandWallet reserves the right to suspend or terminate the Customer’s access to the Services.
BrandWallet reserves the right to modify, enhance, or discontinue features or functionalities of the Services, provided such changes do not materially reduce the core functionalities of the Services under an active subscription. BrandWallet will provide at least thirty (30) days’ prior notice of significant changes that may impact the Customer’s use of the Services.
All campaign proposals, analyses, reports, and recommendations provided by BrandWallet as part of the Services are based on its expertise and are intended as guidance. BrandWallet disclaims any responsibility for material or immaterial damages, or direct or indirect damages, resulting from actions taken by the Customer or End Customer based on such recommendations. BrandWallet reserves the right to analyze anonymized and aggregated data derived from the Customer’s (and End Customers’) use of the Services for the purposes of improving the Services, industry benchmarking, or lawful research and development, provided such analysis does not identify the Customer or its End Customers’.
BrandWallet may provide campaign recommendations, insights, or promotional suggestions
("Recommendation of Add-on Campaigns") based on data analysis and system algorithms. Such recommendations are for informational purposes only and do not constitute financial, marketing, or legal advice. The Customer remains solely responsible for implementing, modifying, or disregarding such recommendations. BrandWallet disclaims any liability arising from the Customer’s use of or reliance on these recommendations, including but not limited to financial losses, regulatory compliance issues, or reputational harm.
The Customer is solely responsible for ensuring that all campaigns, promotions, discounts, or other materials uploaded or communicated through the Services (collectively, “Customer Content”) comply with: (a) applicable international, federal, and local laws and regulations; (b) industry-specific regulations and standards, such as advertising codes, consumer protection laws, and privacy requirements; (c) third-party platform policies, including but not limited to the terms of Apple Wallet (which could currently be found at
https://www.apple.com/legal/internet-services/apple-pay-wallet/us/) and Google Wallet (which could currently be found at
https://developers.google.com/wallet/terms-of-service); and (d) the intellectual property rights of third parties. BrandWallet reserves the right, but has no obligation, to review Customer Content for compliance with the above requirements. Any content that BrandWallet determines, in its sole discretion, to violate these terms may be removed, and the Customer’s account may be suspended or terminated. The Customer acknowledges and agrees to indemnify and hold BrandWallet harmless from any claims, damages, or liabilities arising from the Customer’s non-compliance with these obligations.
BrandWallet will provide technical support to the Customer through phone or online channels to address issues related to the technical or hardware infrastructure of the Services. The Customer must adhere to all instructions provided by BrandWallet’s support personnel to resolve issues. BrandWallet will make reasonable efforts to respond to support requests within ten (10) business days and resolve such requests promptly. BrandWallet will notify the Customer of any planned Maintenance or updates to the platform via email at least ten (10) days and again three (3) days in advance. Maintenance may temporarily limit access to the Services.
In the event of system Downtime due to factors beyond BrandWallet’s control, if the Downtime exceeds twenty-four (24) hours, the Customer’s subscription term will be extended by one (1) additional day. For longer periods of Downtime, the subscription term will be extended proportionally. Refunds due to Downtime will only be granted at BrandWallet’s sole discretion in exceptional cases. BrandWallet implements commercially reasonable measures to safeguard the Application and Customer data. However, BrandWallet shall not be held responsible for security breaches caused by the Customer’s failure to secure access credentials, unauthorized actions of the Customer or its affiliates, or vulnerabilities within third-party integrations. Furthermore, BrandWallet shall not be held liable for Downtime, service disruptions, or performance failures resulting from third-party systems integrated with the Services, including but not limited to point of sale (POS) systems and cashier platforms.