Terms and Conditions

Please read these Terms and Conditions carefully before using the UtilPoints mobile application or website (the "Service") operated by UTIL APPS ("we," "us," or "our"). By accessing or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years of age to use the Service. By creating an account you represent that:

• You are at least 13 years old.
• If you are between 13 and 17, you have obtained parental or guardian consent.
• You have the legal capacity to enter into a binding agreement in your jurisdiction.
• The information you provide during registration is accurate and current.

2. Accounts and Registration

UtilPoints uses Sign in with Google and Sign in with Apple for authentication. We do not maintain separate passwords. You are responsible for:

• Maintaining the security of your Google or Apple account credentials.
• All activity that occurs under your UtilPoints account.
• Notifying us immediately at info@utilpoints.app if you suspect unauthorized use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or have been inactive for an extended period.

3. Description of Service

UtilPoints provides a digital loyalty platform that allows:

• Customers to earn stamps and points at participating businesses via QR-code check-ins, redeem rewards, and track their loyalty history.
• Business owners to create and manage loyalty campaigns, configure rewards, register staff, manage branches, and view analytics.
• Business staff to process customer check-ins and authorize reward redemptions via the app.

The Service is provided "as is." We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice where possible.

4. Loyalty Program Rules

4.1 For Customers

• Stamps, points, and rewards have no cash value and cannot be transferred, sold, or exchanged for currency.
• Rewards are issued and redeemed at the sole discretion of the participating business. UtilPoints is a technology platform; we are not responsible for the goods, services, or promotions offered by any business.
• Accumulated stamps and points may expire according to the campaign configuration set by each business. Check the individual campaign details in the app.
• If a business closes, modifies, or cancels its loyalty campaign, outstanding unredeemed rewards may become invalid. UtilPoints is not liable for such changes.
• Each check-in must reflect a genuine purchase transaction at the business. Check-ins obtained through fraud, manipulation, or unauthorized means will be voided.

4.2 For Business Owners

• You are solely responsible for the loyalty campaigns you create, including the rewards you promise, their terms, and their fulfillment.
• You may not configure campaigns that promise illegal, deceptive, or misleading rewards.
• You are responsible for ensuring that your staff only processes legitimate check-ins based on real customer purchases.
• Campaign parameters (stamp count, reward value, expiration) may be edited, but changes apply prospectively. UtilPoints is not responsible for resolving disputes between businesses and their customers about historical rewards.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law.
• Attempt to reverse-engineer, decompile, or extract the source code of the app or API.
• Circumvent, disable, or interfere with security-related features of the Service.
• Create fake check-ins, manipulate stamps or points, or exploit bugs to gain unfair advantages.
• Use automated scripts, bots, or scrapers to interact with the Service without our written permission.
• Impersonate any person or entity, or misrepresent your affiliation with any business.
• Upload or transmit content that is harmful, defamatory, obscene, or infringes any third-party rights.
• Use the Service to send unsolicited commercial communications (spam) to other users.

Violation of this section may result in immediate account suspension and, where applicable, legal action.

6. Intellectual Property

6.1 Our Content

The UtilPoints name, logo, app design, and all associated software, text, graphics, and features are owned by UTIL APPS and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works from our content without our prior written consent.

6.2 Your Content

You retain ownership of content you upload (e.g., profile photos, business logos). By uploading content you grant UTIL APPS a non-exclusive, royalty-free, worldwide license to store, display, and process that content solely as necessary to provide the Service. You represent that you have all rights necessary to grant this license and that your content does not infringe any third-party rights.

7. Third-Party Services

The Service integrates with third-party providers including Google (Firebase), Apple, Microsoft Azure, and Google Maps Platform. Your use of these integrations is also subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

8. Disclaimers

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

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure at all times.
• Rewards, stamps, or points will always be available or honored by participating businesses.
• Any defects or errors will be corrected within a specific timeframe.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UTIL APPS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use of or inability to use the Service.
• Unauthorized access to or alteration of your data.
• Actions or omissions of participating businesses regarding their loyalty campaigns.
• Any interruption or cessation of the Service.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR USD $100, WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless UTIL APPS and its officers, directors, employees, and agents from any claims, liabilities, damages, judgments, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; or (c) your violation of any rights of another party.

11. Termination

You may stop using the Service and delete your account at any time from Settings → Delete account in the app.

We may suspend or terminate your access immediately, without prior notice, if you violate these Terms or if we discontinue the Service. Upon termination, your right to use the Service ceases immediately. Sections 6, 8, 9, 10, and 13 survive termination.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United States, without regard to its conflict-of-law provisions. Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA), except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

Class action waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes we will notify you via an in-app notice and update the "Last updated" date above. Your continued use of the Service after changes become effective constitutes your acceptance. If you do not agree to the updated Terms, stop using the Service and delete your account.

14. Miscellaneous

• Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and UTIL APPS regarding the Service.
• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force.
• Waiver: Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights freely.

15. Contact Us

For questions about these Terms, contact us at: