Terms of Service

Please review our Terms of Service ("Terms", "Terms of Service") carefully before using Perkss App (the "Service"), operated by Perkss Protocol S.L. (“Perkss”, "we", "us", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. The Terms of Service apply to all visitors, users, and anyone else who may access or use the Service. These Terms constitute the agreement between the parties regarding our Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you should not access the Service. We may suspend your account immediately, without prior notice or liability, if you breach our Terms of Service. You may also unsubscribe by ceasing to use the Service. However, the cancellation of the service does not imply the loss of tokenized discounts accumulated in the user's wallet.

Perkss reserves the right to modify these Terms of Service at any time without prior notice and at our sole discretion. These Terms of Service will remain in effect unless modified in whole or in part, at which point the modified general conditions will become effective.

What is Perkss? Application Objective

Perkss App is a self-custodial Wallet that develops and offers unique Loyalty Experiences to users over 18 years old.

All self-custodial wallets are personal and non-transferable and allow you (and only you) to own the private key associated with your account. Perkss users must take the necessary precautions to keep their digital assets safe at all times. Please do not share your wallet's private key with anyone, under any circumstances. You are solely responsible for maintaining the confidentiality of your wallet.
As mentioned in the previous section, this account is personal and non-transferable, so you cannot transfer the App to another person, whether for money, any other consideration, or for free. If you decide to sell any device on which the App is installed, you must delete it from the device before doing so.
By making purchases at any of the companies participating in the Perkss Loyalty ecosystem ("the Brands"), you will have the opportunity to earn tokenized Loyalty Rewards, also known as Brand Perks. Each Brand will define its own purchase goals or objectives, which will always be visible on the application's dashboard. Once you achieve the objectives of a specific Brand, your tokenized Loyalty Rewards (1 reward = 1 euro discount) will become interoperable discounts, allowing you to redeem them at any Brand without an expiration date. However, until you reach the purchase objective, your tokenized rewards can only be redeemed at the Brand where you obtained them or where you are accumulating discount euros.
Another way to obtain additional benefits (or Perks) is to voluntarily disclose certain personal data through the forms enabled in our App. Such personal data will be anonymized for the Brands, so you cannot be personally identified by them (please refer to our Privacy Policy for more information on how your personal data is collected and processed).
Users will earn a minimum of 0.05 EUR per attribute shared per campaign. That is, if the user provides, for example, their Age (attribute 1), their Gender (attribute 2), and their Location (attribute 3), when the brand segments an audience that includes the shared attributes of this user and then launches a campaign focused on this audience, the user will receive a minimum of 0.05 x 3 = 0.15 EUR in the form of a discount that will accumulate. It should be noted that any user's data can be included in the segmentation of many audiences and, in turn, campaigns.
Brands may offer their own special promotions, such as coupons, giveaways, tickets, memberships, and other activities. Unlike tokenized loyalty rewards, coupons have an expiration date for redemption. Also, please note that coupons have no cash value. Perkss does not endorse or recommend any Brand coupons or any other third-party content offered through our application.

Other ways to get additional benefits (Perkss) are through:

Bonus campaigns: brands may decide to grant additional value to Loyalty Discounts issued by themselves or by other brands to encourage consumers to redeem those Loyalty Discounts in their own store. By way of example but not limitation, brand A could establish that Loyalty Discounts from any store other than brand B are worth 1.5 euros in its stores until the end of the campaign.

How does the campaign end? In two ways: 1) brand A will decide, before publishing the bonus campaign, how many Loyalty Discounts from other brands it is willing to receive or 2) the validity date ends.

Product Sales: brands can carry out promotions by either selling or giving away a series of products (tickets, NFTs, collectibles, articles, physical products, etc.) through the Perkss App. These products are obtained or paid for by the user and may also be tied to expiration dates for their redemption.

App Download and Subscription

Perkss is a free application. By downloading the Perkss App, the user can subscribe for free to all its features for an unlimited time.

Accounts

By downloading the Perkss App and creating an account, you must provide information that is accurate, complete, and kept up to date. Failure to do so constitutes a breach of these Terms, which may result in the immediate termination of your account.

You are not permitted to use your Perkss account for commercial purposes.

Payment Methods

Perkss allows you to make required payments through payment gateways such as Stripe, using Apple Pay or Google Pay, although these may be expanded or reduced in the future. You can check the conditions in the Privacy Policy as well as in the privacy policies of the aforementioned payment platforms.

Permission for Blockchain Transaction Signing

Perkss uses a technology called Blockchain to ensure total security, transparency, and privacy when using the App.

Blockchain technology is like a public ledger where all transactions made within Perkss are stored. One of the great advantages offered by this technology is that no one can alter the information reflected in the ledger. This generates many advantages for you, as it allows you to have complete certainty that no brand can alter the value of your Perks or change the rules of their loyalty programs without prior notice.

Using blockchain technology can be complex if you don't have experience with it. Therefore, at Perkss, we have designed the App so that you can enjoy its benefits without having to worry about the underlying technical complexities. By joining Perkss and accepting the terms and conditions, you grant us the ability to sign transactions on the blockchain technology on your behalf, always with your prior confirmation and consent through the App.

This consent can, of course, be withdrawn at any time, but if you do, you would not be able to redeem or accumulate new rewards, although your balance will always remain in your Wallet, and we can never touch it without prior consent.

Intellectual Property

Perkss Services, as well as their current and/or future features, will remain the property of Perkss Protocol S.L. The Service is protected by copyright, trademark, and any applicable laws in Spain. Our brand cannot be used in connection with any other product or service without the express written consent of Perkss Protocol S.L.

Limitation of Liability and Intellectual Property Rights

Under no circumstances shall Perkss Protocol S.L. be liable for indirect, incidental, consequential, or punitive damages. This includes, but is not limited to, loss of profits, data, use, goodwill, or other intangible losses resulting from (i) your access to or inability to access our Service; (ii) any conduct or content of third parties; (iii) any content derived from the Service; or (iv) any unauthorized access, use, or alteration of the content.

Users are prohibited from:

Using the Perkss App unlawfully, for unlawful purposes, or in any way inconsistent with these terms, or acting fraudulently or maliciously, for example, by hacking or inserting malicious code, such as viruses, or harmful data, into the Perkss App, or any operating system;
infringing our intellectual property rights and/or those of third parties in relation to the use of the Perkss App (to the extent that such use is not authorized by these terms);
transmitting any defamatory, offensive, or objectionable material in connection with your use of the Perkss App;
using the Perkss App in any way that could damage, disable, overburden, impair, or jeopardize our systems or security or interfere with other users; and
collecting or harvesting information or data from our systems and/or attempting to decipher any transmissions to or from our servers.

All intellectual property rights of the Perkss App belong to Perkss Protocol S.L. and the rights to the App and this offers you a non-exclusive use license. In no case can the use of the App be considered a transfer of ownership. You have no intellectual property rights over the Application, you may only use it in accordance with these terms and the terms of any agreement between us.

Risks of Cryptoasset Transactions

Our Wallet only supports certain Cryptoassets. You should not attempt to store any Cryptoasset that we do not support in your Wallet.
In order to send and receive Cryptoassets supported by our Wallet through the corresponding Cryptoasset network, we provide an automated multi-factor authentication process to provide the cryptographic keys (the "Keys") that are unique to you and facilitate access to your Cryptoassets and each of your transactions made through your Wallet. To use this functionality, you must keep secure the email account linked to the social media login you use to access the application (your "email account"). We never receive or maintain a copy of your keys and, if you ever need to access your Cryptoassets that you previously accessed using your Wallet through a third-party crypto wallet provider, you will not be able to do so if you lose access to your email account and the app (both necessary to recover your keys).
To complete, any Cryptoasset transaction involving your Wallet must be confirmed and recorded on the Cryptoasset ledger associated with the corresponding Cryptoasset network. Such networks are decentralized, peer-to-peer networks, supported by independent third parties, which are not owned, controlled, or operated by us.
We have no control over any Cryptoasset network and, therefore, cannot and do not guarantee that transaction data you submit through our Services will be confirmed on the relevant Cryptoasset network. The Cryptoasset network used to process the transaction may not complete it or may substantially delay it. We do not guarantee that your Wallet can transfer ownership or title to any Cryptoasset and we offer no warranty with respect to title.
Once transaction details have been submitted to a Cryptoasset network, we cannot help you cancel or otherwise modify your transaction or transaction details. We have no control over any Cryptoasset network and do not have the ability to facilitate any cancellation or modification request.
In the event of a hard fork or other network disruption, there is a risk that we may temporarily suspend operations related to such fork without prior notice. We may refuse to support one or both branches of a Fork. You acknowledge the risks presented by Forks and agree that we have no responsibility to help you move or sell a new version of a Cryptoasset on an unsupported branch of a forked protocol and understand that unsupported forked Cryptoassets may not be available to you. We are not responsible for any loss suffered by you caused in whole or in part, directly or indirectly, by a fork or other network disruption.
We do not receive or store your Keys. You hereby acknowledge that the recovery of your Keys depends on access to your Email Account and that you are solely responsible for remembering, storing, and keeping confidential the login credentials for your Email Account. Any Cryptoasset associated with such Wallet may become inaccessible if you do not know or keep confidential the access to your Email Account and, in order to avoid the possibility of a third party accessing and disposing of the Cryptoassets in your Wallet, you acknowledge that it is your responsibility to keep confidential the login credentials for your Email Account.
When provided with access to a Wallet, you must:

provide accurate and truthful information
protect and keep confidential all credentials for the Wallet;
protect access to your device and your Wallet; and
notify us without delay if you discover or suspect any security breach related to your Wallet.

Right of Withdrawal

In this case, the right of withdrawal is not applicable according to article 103.a) LGDCU: “The provision of services, once the service has been fully executed, and if the contract imposes a payment obligation on the consumer or user, when the execution has begun, with the express prior consent of the consumer or user and with their knowledge that, once the entrepreneur has fully executed the contract, they will have lost their right of withdrawal.” This is because, by using blockchain technology, the contract is understood to be executed from the moment the Loyalty Discounts are acquired.

Disclaimer

You use the Service at your own risk. The Service is provided as described in these terms and conditions and subject to availability, therefore Perkss offers no warranties or conditions of any kind in relation to said service.

By accepting the Terms and Conditions, you acknowledge that no data transmission over the Internet is completely secure. Although we have implemented reasonable technical and organizational measures in accordance with our information security protocols, we cannot guarantee the security of any information you provide to us and you transmit such information to us at your own risk.

Data Protection

The Parties will comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter, “GDPR”) and with Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights (hereinafter, “LOPDGDD”), as well as with their implementing regulations.

You may exercise your rights of access, rectification, opposition, erasure (“right to be forgotten”), restriction of processing, portability and not to be subject to individualized decisions at the email addresses indicated for this purpose, as well as those cited in the heading. If you believe that your rights have not been satisfied, you could file a complaint with the Spanish Data Protection Agency. You may exercise your rights of access, rectification, erasure, opposition, restriction of processing, and portability by sending an email to support@perkss.io, identifying yourself and stating the right you wish to exercise.

If you believe that your rights have not been respected, you may file a complaint with the Spanish Data Protection Agency (www.aepd.es).

Nullity

The fact that one or more clauses of these Terms and Conditions are declared null and void by a firm judicial or arbitration ruling shall not affect the rest of the stipulations, which shall remain in force. In such a case, the affected clause or clauses shall be replaced by one or more clauses that preserve the effects sought by the Terms and Conditions.

In case of error in the interpretation of one or more clauses of these terms, an overall interpretation of all clauses will be made, thus determining the correct interpretation in accordance with the provisions of the rest of the clauses.

Applicable Law

These Conditions shall be governed by and construed in accordance with the laws of Spain. You agree to submit to the jurisdiction of the courts of Madrid with respect to any legal proceedings that may arise from this agreement. In the event that you are a consumer, the parties submit, for the resolution of any conflicts that may arise, to the courts and tribunals of the User's domicile.

Available Languages

These Conditions are written and available in English, Spanish. All communications with you in relation to this agreement will be in any of these languages of your choice. If in the future these Conditions are translated into more languages, the translation would be for reference only and the mentioned languages will remain the official versions.

Contact Us

If you have any questions about these Terms, please contact us at support@perkss.io.