Terms of Service

1. Introduction and Acceptance of Terms

Welcome to VipHub ("we," "our," "us," or the "Platform"). VipHub is a digital loyalty platform that connects merchants with customers through points-based rewards programs.

By accessing or using the VipHub mobile application, website, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Services.

The VipHub mobile application is a client that connects to the VipHub service. Merchant account creation and subscription management occur on our website at apps.mitikasha.com/viphub.

These Terms apply to all users of the Services, including:

• Customers who earn and redeem loyalty points
• Merchants who create and manage loyalty programs

2. Eligibility

To use our Services, you must:

• Be at least 18 years old, or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under applicable law
• Provide accurate and complete registration information

For Merchants: You must be a legally registered business entity or authorized representative and have the authority to bind your business to these Terms. Merchant accounts are created on our website at apps.mitikasha.com/viphub.

2.5. Merchant Subscriptions and Payments

Subscription Tiers

VipHub offers the following subscription tiers for merchants, managed through our website:

• Starter (Free): 1 location, up to 50 VIP members, basic loyalty features
• Premium ($29/mo): 1 location, unlimited members, analytics, campaigns
• Pro ($99/mo): Up to 5 locations, multi-location analytics, all Premium features
• Pro + Locations (+$15/mo each): Add locations 6-15

Payment Processing

All payments are processed by Lemon Squeezy, our Merchant of Record. Lemon Squeezy handles billing, tax compliance (VAT, GST, sales tax), and payment processing on our behalf. By subscribing, you also agree to Lemon Squeezy's terms of service.

• Subscriptions are managed at apps.mitikasha.com/viphub/account
• No purchases occur within the mobile application
• Billing occurs at the start of each subscription period
• Annual discounts available: Premium $290/year, Pro $990/year (17% off)

Cancellation

You may cancel your subscription at any time through your account page at apps.mitikasha.com/viphub/account. Upon cancellation, you retain access to paid features until the end of your current billing period, then revert to the Starter (free) tier.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials confidential
• Notify us immediately of any unauthorized access to your account

3.2 Account Responsibility

You are solely responsible for:

• All activities that occur under your account
• Maintaining the security of your account credentials
• Any consequences of unauthorized access due to your failure to safeguard your credentials

3.3 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent activity
• Your account remains inactive for an extended period
• Required by law or to protect the Platform's integrity

4. Customer Terms

4.1 Earning Points

As a Customer, you may earn loyalty points by:

• Making purchases at participating merchants
• Participating in promotional activities
• Other methods as offered by individual merchants

Points are earned according to each merchant's specific program rules and exchange rates.

4.2 Redeeming Points

Points may be redeemed for:

• Discounts on purchases
• Free products or services
• Special offers as made available by merchants

Redemption is subject to:

• Merchant availability and participation
• Minimum point thresholds
• Offer expiration dates
• Any other restrictions specified by the merchant

4.3 Points Are Not Property

4.4 Digital ID

Your Digital ID is a secure identifier used to:

• Verify your identity to merchants
• Facilitate point transactions
• Track your loyalty program participation

You agree to only use your own Digital ID, not share or transfer your Digital ID, and report any unauthorized use immediately.

5. Merchant Terms

5.1 Merchant Responsibilities

As a Merchant, you agree to:

• Provide accurate business information
• Honor all offers and rewards made available through the Platform
• Award points fairly and as advertised
• Maintain appropriate customer service standards
• Comply with all applicable laws and regulations

5.2 Currency and Points Configuration

When setting up your loyalty program:

• You will select your operating currency during onboarding
• Currency settings become permanent once any customer earns points
• This protection ensures the integrity of customer point values
• You cannot manipulate point values to devalue customer holdings

5.3 Offers and Promotions

When creating offers:

• All offer terms must be clearly stated
• Offers must be honored as advertised
• You are responsible for the cost of rewards redemption
• Misleading or fraudulent offers are prohibited

5.4 Customer Data

You may access customer data only:

• For customers who have joined your loyalty program
• For legitimate business purposes related to your loyalty program
• In compliance with our Privacy Policy and applicable privacy laws

You may not:

• Sell or share customer data with third parties
• Use customer data for purposes unrelated to your loyalty program
• Contact customers in ways they have not consented to

6. Prohibited Conduct

All users agree not to:

6.1 General Prohibitions

• Use the Services for any illegal purpose
• Violate any applicable laws or regulations
• Infringe on the rights of others
• Interfere with the proper functioning of the Services

6.2 Fraud and Abuse

• Create fake accounts or provide false information
• Manipulate points through fraudulent transactions
• Exploit system vulnerabilities or bugs
• Circumvent security measures
• Engage in point farming or artificial point generation

6.3 Technical Prohibitions

• Reverse engineer, decompile, or disassemble the Services
• Use automated systems to access the Services without permission
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to systems or data

7. Intellectual Property

7.1 Platform Ownership

VipHub and its licensors own all rights, title, and interest in:

• The VipHub name, logo, and trademarks
• The Platform's design, features, and functionality
• All software, code, and technical implementations
• All content created by VipHub

7.2 User Content

You retain ownership of content you create, but grant VipHub a:

• Non-exclusive, worldwide, royalty-free license
• To use, display, and distribute your content
• For the purpose of operating and improving the Services

7.3 Merchant Content

Merchants are responsible for ensuring they have rights to business names and logos uploaded to the Platform, offer descriptions and promotional content, and any other content associated with their account.

8. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you consent to our data practices as described in the Privacy Policy.

9. Disclaimers

9.1 Service Availability

The Services are provided "as is" and "as available." We do not guarantee:

• Uninterrupted or error-free operation
• That defects will be corrected
• That the Services will meet your specific requirements

9.2 Merchant Relationships

VipHub is a platform connecting merchants and customers. We do not:

• Guarantee the quality of merchant products or services
• Warrant that merchants will honor all offers
• Take responsibility for disputes between merchants and customers

9.3 Third-Party Services

Our Services may integrate with third-party services. We are not responsible for the availability or accuracy of third-party services, any loss or damage caused by third-party services, or third-party terms of service or privacy practices.

10. Limitation of Liability

10.1 Exclusion of Damages

To the maximum extent permitted by law, VipHub shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, or business opportunities
• Loss of data or goodwill
• Damages resulting from unauthorized access to your account

10.2 Cap on Liability

Our total liability for any claims arising from these Terms or your use of the Services shall not exceed:

• The amount you paid to VipHub in the 12 months preceding the claim, or
• $100 USD, whichever is greater

10.3 Essential Purpose

These limitations apply even if any remedy fails of its essential purpose.

11. Indemnification

You agree to indemnify, defend, and hold harmless VipHub and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Your content or data submitted to the Platform

12. Dispute Resolution

12.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@mitikasha.com to attempt informal resolution.

12.2 Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

12.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

13. Changes to Terms

We may modify these Terms at any time. When we do:

• We will update the "Last Updated" date
• We will notify you of material changes via email or in-app notification
• Continued use of the Services after changes constitutes acceptance

If you disagree with changes, you must stop using the Services and may request account deletion.

14. Termination

14.1 By You

You may terminate your account at any time by:

• Using the account deletion feature in the app
• Contacting us at support@mitikasha.com

14.2 By Us

We may terminate or suspend your account immediately if:

• You violate these Terms
• You engage in fraudulent activity
• Required by law
• We discontinue the Services

14.3 Effect of Termination

Upon termination:

• Your right to use the Services ceases immediately
• Accumulated points may be forfeited (subject to applicable law)
• Provisions that should survive termination will remain in effect

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and VipHub regarding the Services.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.4 Assignment

You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.

15.5 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control.

16. Contact Information

For questions about these Terms, please contact us: