Terms of service

1.Definitions

• Usuals, we or us: [statutaire naam].
• You: the business that has a Usuals account, and the people who use the service on its behalf.
• End customer: a customer of yours who adds a card from your business to their Wallet.
• Service: the Usuals software, including the dashboard, the scanner, the Usuals app, the cards in Apple Wallet and Google Wallet, the sign up pages, messages, reports and the AI assistant.
• Plan: the subscription you choose, such as Free, Starter, Business or Enterprise.

2.Scope

These terms apply to every use of the service and to every agreement between you and Usuals. Your own general terms do not apply.

Usuals is meant for businesses. By creating an account you confirm that you act in the course of a profession or business, and not as a consumer.

The data processing agreement is part of these terms. Where they conflict on personal data, the data processing agreement prevails.

3.Your account

• You give correct and complete details when you sign up, and keep them up to date.
• You keep your password secret. Whatever happens through your account or your staff's accounts is your responsibility.
• If you suspect misuse of an account, tell us right away.
• You are at least 18 years old.

4.The service

We provide the service as it is at the time, and improve it regularly. We may change features, as long as the core of your plan remains. If something essential disappears from your paid plan, we tell you at least 30 days in advance and you may cancel.

Cards work through Apple Wallet and Google Wallet. We have no control over how they work, their rules or their availability. When Apple or Google change something, we adapt the service as soon as we can.

The AI assistant makes suggestions based on your data. Check a suggestion before you use it. The assistant never sends anything by itself.

5.Plans and prices

The free plan is free up to 30 customers. A paid plan costs the amount shown on the pricing page at the time you choose it. All prices are in euros and include VAT.

We may change prices. We tell you about an increase at least 30 days in advance. If you don't agree, you can cancel before the new price applies.

The limits of each plan, such as the number of customers, card designs, locations and accounts, are on the pricing page. The service keeps track of those limits itself.

6.Payment

• You pay for a paid plan monthly in advance, through our payment partner Mollie.
• You make the first payment with iDEAL. With it you authorise us to collect later amounts automatically.
• If a payment fails, we let you know and you keep your plan for 7 more days. If it is still unpaid after that, the limits of the free plan apply. Your customers' existing cards keep working.
• Your invoices are in your dashboard.

7.Term and cancelling

• A paid plan runs per month and renews every month, until you cancel.
• You cancel in your dashboard, at any time and with no notice period. Your plan runs until the end of the month you paid for. We don't refund part of a month.
• You can use the free plan for as long as you like. You can always delete your account.
• We can end the agreement with 30 days' notice. In case of a serious or repeated breach of these terms we may block or close your account right away.
• After the agreement ends we delete your data and your customers' data, as described in the data processing agreement. Export what you want to keep before you cancel.

8.What you do and don't do

You use Usuals properly and within the law. Among other things, that means:

• You only send messages to end customers who consented to them, and your messages fit your business. No spam and no misleading offers.
• You give rewards the way your card promises them.
• You tell your customers how you use their data.
• You put nothing on cards or in messages that is unlawful or offensive, or that infringes the rights of others.
• You follow the rules that apply to your industry, for example around alcohol, tobacco or healthcare.
• You don't try to get around the security or the limits of your plan, and you don't use the service in a way that disrupts it for others.

9.Data

The data you put into Usuals, and your customers' data, belongs to you. You are the controller of your customers' data, Usuals is the processor. The arrangements are set out in the data processing agreement.

You can export your customer data as CSV and delete it at any time.

We may use anonymised, aggregated figures to improve the service, for example how many stamps are added per week. No person or business can be identified from them.

10.Availability and maintenance

We do our best to keep the service available at all times, but cannot guarantee it will never be interrupted. We plan maintenance outside opening hours where we can, and announce it in advance if it will be noticeable. If the connection drops, the scanner keeps the stamps until it is back online.

For Enterprise we can make separate arrangements on availability and support.

11.Intellectual property

The software, brand and design of Usuals remain ours. As long as the agreement runs, you may use the service for your own business.

Your logo, texts and other content remain yours. You allow us to use them as far as needed to provide the service, for example on cards, posters and sign up pages. You guarantee that you have the right to use that content.

12.Liability

Our liability is limited to direct damage, and to the amount you paid us in the 12 months before the event. On the free plan our liability is limited to 100 euros.

We are not liable for indirect damage, such as missed revenue, lost profit or lost data, nor for outages at Apple, Google, Mollie or other parties we have no control over.

These limits do not apply in case of intent or deliberate recklessness by Usuals or our management.

Report damage as soon as possible, and no later than 12 months after you became aware of it. After that the right to compensation lapses.

You indemnify us against claims from others, including your end customers, that result from use of the service in breach of these terms or the law.

13.Force majeure

In case of force majeure we don't have to meet our obligations for as long as it lasts. This includes an outage at a party we rely on, such as a hosting or payment provider, Apple or Google. If the force majeure lasts longer than 30 days, either of us may end the agreement.

14.Changes to these terms

We may change these terms. We tell you about important changes by email at least 30 days in advance. If you don't agree, you can cancel before they take effect. If you keep using the service after that, the new terms apply.

15.Governing law and disputes

These terms and the agreement are governed by Dutch law. Disputes are submitted to the competent court in the district of [arrondissement]. We always try to find a solution together first.

These terms are also available in Dutch. Where the versions differ, the Dutch text applies.