Legal document
BonusUP Owner Terms
BonusUP Terms for Venue Owners
1. General provisions
- These Terms define the rules for using BonusUP by entrepreneurs operating venues, especially clubs, bars, restaurants and similar hospitality or entertainment venues.
- The operator of BonusUP is `Jacek Wójcik`, tax ID: `879-199-42-01`, contact e-mail: `kontakt@bonusUP.eu`, hereinafter the `Operator`.
- These Terms apply to venue owners using the owner panel, staff management, the bonus programme, promotional materials, marketing campaigns and payments.
- Acceptance of these Terms is required to create and maintain an Owner Account.
2. Definitions
- `Owner` means an entrepreneur using BonusUP in connection with their business.
- `Venue` means a venue operated by the Owner in BonusUP, especially a club, bar, restaurant or similar hospitality or entertainment point.
- `Staff` means a user created by the Owner to handle transactions, cashback and bonuses. In the interface or technical layer such an account may still be marked as `Barman`.
- `Client` means an end user of the bonus programme.
- `Marketing Campaign` means a paid communication activity run by the Owner through channels available in BonusUP.
- `Marketing Group` means a group of Clients created by the Owner for Marketing Campaigns.
- `Venue Subscription` means paid access to BonusUP functions for a Venue, settled in periods available in the payment panel.
3. Agreement and Owner Account
- Owner registration has two stages: creating an Account with e-mail and password, then activating it through a link sent by the Operator and completing Venue setup.
- After successful e-mail confirmation, repeated verification of the same address is not available.
- Venue setup requires the official Venue name visible to Clients and a unique four-letter Venue index used in Staff logins.
- The Owner must provide true, current and complete data.
- The Owner is responsible for Account security and for actions of people who receive panel access or use Staff Accounts created by the Owner.
4. Owner panel rules
- The Owner may create, edit and delete Staff Accounts, configure the cashback percentage, view bonus parameters and safety thresholds, view Clients and transaction history within the system scope, generate promotional materials and QR-code PDFs, create Marketing Groups and Campaigns, edit the Venue profile, use the subscription payment panel and initiate Account deletion through an e-mail confirmation link.
- The Owner must not use the system unlawfully, in breach of third-party rights, good practices or fair competition rules.
5. Venue Staff
- Staff Accounts may be created only for people authorised to act for the Venue.
- A Staff login is based on the Venue index and username assigned by the Owner.
- The Owner is responsible for actions performed through Staff Accounts created by the Owner.
- The Owner must promptly remove or block Staff access when a person is no longer authorised to use the system.
6. Bonus programme and transactions
- The Owner decides what percentage of sales is converted into Client cashback, subject to system limits.
- Minimum cashback values and parameters of the Starting Bonus and Second Bonus may result from the Operator's current system settings.
- Some bonus parameters may be view-only for the Owner if they are set by the Operator.
- Bonuses may be calculated automatically according to current system logic, including one-time purchase thresholds and Client e-mail confirmation.
- The system may require Staff confirmation for larger transactions and may block transactions exceeding the maximum limit set by the Operator.
- If the Venue Subscription is unpaid, Staff cannot add cashback, but may still redeem cashback already collected by Clients if that function is active.
- The Owner is responsible for compliance of benefits with law, including tax, consumer and promotion rules.
- The Operator provides an IT tool for transaction records and cashback handling, but is not a party to sales made by the Venue.
- The Owner is responsible for the correctness of sales data entered by the Owner and Staff.
7. Promotional materials and QR codes
- The Owner may generate promotional materials and PDF files containing the QR code assigned to the Venue.
- Generated materials may be used only to promote the Venue and use BonusUP functions in accordance with these Terms.
- The Owner is responsible for the way promotional materials are used in the Venue.
8. Marketing campaigns
- The Owner may run Marketing Campaigns only to Clients assigned to the Owner's Venue and within functions made available by the Operator.
- The Owner may communicate only with their own Clients. Client data gathered for one Venue is not shared with other Owners.
- Campaigns may be created only with tools and templates available in the system.
- The system applies limits: up to 2 e-mails per 7 days and up to 1 SMS per 7 days from one Venue to one Client.
- A Client may disable SMS messages from a selected Venue or globally for all Venues using the system.
- The app does not provide a setting to disable advertising e-mails sent by Owners through BonusUP.
- The system may skip recipients who reached message limits, disabled SMS for the Venue or globally, or do not have required contact data.
- The number of Marketing Group members is not the same as the actual Campaign reach.
9. Campaign content and prohibitions
- The Owner is fully responsible for Campaign selection, template parameters and marketing purpose.
- BonusUP must not be used for unlawful, misleading, discriminatory, offensive or vulgar content, content breaching personal rights, copyrights or industrial property rights, or content promoting unlawful activities.
- The Operator may refuse a Campaign or block marketing functions if there is a justified suspicion of breach of law, these Terms or system security.
10. Marketing campaign payments
- Marketing Campaigns are paid according to the price list or individual rates assigned to the Owner in the system.
- The Campaign fee is calculated based on qualified recipients and communication channels.
- Sending a Campaign may require prior payment through an external payment provider.
- Lack of successful payment prevents Campaign delivery.
11. Venue Subscription
- Access to selected system functions may require an active Venue Subscription.
- The system may grant a new Venue a trial period according to the current app model.
- Subscription status, validity period and payment history are shown in the payment panel.
- Subscription payment may be handled through an external payment provider.
- The Operator may send e-mail reminders about the upcoming end of the subscription period.
- Lack of successful payment may mark the Venue as unpaid and limit cashback adding functions.
12. Personal data and confidentiality
- The Owner must process Client data in accordance with applicable law, including data protection and electronic marketing rules.
- For the Owner's own marketing activities, the Owner is responsible for having a proper legal basis and providing required information where required by law and the processing model.
- Data obtained through BonusUP must not be used outside the system functions and applicable law.
- Separate documentation between the Operator and the Owner should regulate data processing or joint controllership where required.
13. Complaints and support
- Complaints about BonusUP may be sent to `kontakt@bonusUP.eu`.
- A complaint should include Owner identification data, problem description and, if possible, the date and circumstances.
- Complaints are reviewed without undue delay, no later than 14 days after receipt unless additional information is needed.
14. Liability
- The Operator provides access to BonusUP and uses due care to ensure proper operation.
- The Operator is not liable for Campaign content, legality or commercial effectiveness, Owner or Staff actions, incorrect data, consequences of legal breaches by the Owner, technical interruptions caused by force majeure or third parties, or the Owner's business decisions.
- To the maximum extent permitted by law, the Operator's liability to an Owner who is an entrepreneur is limited to fees actually paid for BonusUP services during the last 3 months before the event causing the claim.
15. Suspension or termination
- The Operator may suspend access or terminate the agreement immediately if the Owner materially breaches these Terms, especially by unlawful use, prohibited marketing content, security breaches, false data or actions exposing the Operator to liability or reputational harm.
- The Owner may stop using BonusUP and initiate Account deletion through the user panel and e-mail confirmation link.
- Account deletion may result in deletion or anonymisation of data within the scope provided by the system and law.
16. Changes to the Terms
- The Operator may change these Terms for important reasons, including legal changes, system function changes, changes in service delivery, technical, payment or communication integrations, or the need to clarify security or settlement rules.
- The Operator will inform the Owner about planned changes in advance.
- Continued use of the system after changes take effect means acceptance of the new Terms unless mandatory law provides otherwise.
17. Final provisions
- Polish law applies to these Terms.
- Disputes between the Operator and an Owner who is not a consumer will be resolved by the court competent for the Operator's seat, unless mandatory law provides otherwise.
- Matters not regulated by these Terms are governed by generally applicable law.