End User Terms of Use

These End User Terms of Use (the "Terms") form a legally binding agreement between Punch Loyalty Ltd., a company registered in Israel ("Punch", "we", "us", or "our"), and you, the individual accessing or using the Services (or the entity on behalf of which such individual accepts this Agreement) ("you" or "User").

Punch operates the website https://www.punch-loyalty.app (the "Portal"), and its digital application (the "App"), and offers you access to consumer-facing products, tools, interfaces and/or other services that refer or link to these Terms (collectively, including your access to the Portal and the App and related Punch services offered therein, the "Services"). These Terms govern your access to and use of the Services for personal, non-commercial purposes.

By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Services. These Terms incorporate by reference Punch's Privacy Policy and Punch's Cookie Policy, as updated from time to time (each as published on the Portal or within the Services). These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Punch regarding the Services.

Except as expressly stated in these Terms, Punch is not responsible for and will not be liable for any transaction between you and a participating business.

1. Eligibility

You must be at least 18 years old or have reached the age of legal consent under applicable law in the applicable jurisdiction to use the Services, and Punch does not knowingly permit use by individuals below the applicable age of consent.

2. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify Punch promptly of any unauthorized use or security breach related to your account.

3. The Services

3.1

The Services provide loyalty-related features, communications, and insights offered directly by Punch to end users. The Services may change over time, and Punch may modify, suspend, or discontinue any part of the Services at any time for operational, legal, or technical reasons.

3.2

The Services may allow you to earn digital punches, points, or rewards in connection with participating businesses ("Rewards").

3.3

Rewards have no cash value, are personal to your account, and may not be sold, transferred, or exchanged for cash unless required by law. Earning rules, redemption requirements, and reward availability are determined by the participating business and may change from time to time.

3.4

Rewards may expire or be forfeited if not used within the applicable timeframe. Punch may correct reward balances in the event of technical error, misuse, fraud, refunds, or chargebacks.

3.5

Punch may modify, suspend, or discontinue any loyalty program feature at any time for operational, legal, or technical reasons. Where required by law, notice will be provided.

4. License

Subject to your compliance with these Terms, Punch grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use only.

5. Intellectual Property

5.1 IP

The Services, including all software, content, features, and trademarks, are owned by Punch or its licensors and are protected by applicable intellectual property laws. Except for the limited license expressly granted in these Terms, no rights are granted to you.

5.2 User Content

To the extent the Services allow you to submit or upload content, data, messages, templates, configurations, files, and other information transmitted through the Services, you represent that you have all necessary rights to such content and that it does not violate any law or third-party rights. You grant Punch and its affiliates a non-exclusive, royalty-free license to host, process, copy, store, display, distribute, translate, transmit, analyze, use, and display such content for purposes of operating, improving and providing the Services, and as otherwise permitted under these Terms. Punch may remove content that violates these Terms or applicable law.

5.3 Feedback

You may voluntarily provide suggestions, ideas, comments, or any other feedback regarding the Services ("Feedback"). Punch, at its sole discretion, may use, implement, modify, commercialize, and incorporate such Feedback into its current or future products and services without restriction, attribution, or obligation to you or the participating business, and without granting you any rights in Punch's intellectual property. You hereby assign to Punch all right, title and interest in the Feedback and any intellectual property rights related thereto. To the extent provided, Feedback is not considered User Content or Confidential Information.

6. User Responsibilities and Prohibited Use

You agree not to use the Services in any way that is unlawful, misleading, abusive, harmful, or that violates these Terms. Without limiting the foregoing, you agree not to interfere with or disrupt the Services, attempt to gain unauthorized access to the Services or related systems, bypass or circumvent security or technical limitations, use automated systems to access the Services without authorization, scrape or extract data at scale, reverse engineer or attempt to derive source code or underlying systems, impersonate others, or provide false information. You are responsible for all activity conducted through your use of the Services.

You may not create multiple accounts or engage in any activity intended to circumvent the rules of any rewards or loyalty program, including through the creation of fraudulent or duplicate accounts. You may not obtain or attempt to obtain rewards through dishonest means, manipulation, or misrepresentation. You must provide accurate, current, and complete information when registering for and using the Services, including login credentials and any information required to earn or claim rewards, and you must comply with any additional terms, conditions, or requirements imposed by the relevant participating businesses or merchants in connection with specific rewards or offers. Any violation of this Section may result in suspension or termination of your access to the Services, forfeiture of rewards, and any other remedies available under these Terms or applicable law.

7. Privacy

7.1 Data Protection and Privacy

Punch's collection and processing of personal data in connection with the Services is governed by the Privacy Policy, which describes how personal data is collected, used, stored, shared and protected, identifies Punch as the data controller, addresses international data transfers, and sets out your applicable privacy rights. To the extent any User Content or other data you provide through the Services contains personal data that will be processed by us, such personal data will be processed by Punch in accordance with applicable law and the Privacy Policy.

7.2 Usage Data

Punch may generate and use technical logs, telemetry, metadata, and usage information derived from your use of the Services ("Usage Data") for operational, security, analytics, benchmarking, and product improvement purposes. Usage Data is aggregated and/or de-identified and is not used to reasonably identify you as an individual.

8. Cookies and Tracking Technologies

We use cookies and similar technologies as described in our Cookie Policy, including first-party and third-party cookies for essential functionality, performance, analytics, and advertising. You may manage cookie preferences through our Cookie Consent Manager and browser settings. Essential cookies are required for core functionality.

9. Marketing Communications

You may receive marketing communications from Punch (including email, SMS, WhatsApp, and push notifications) in accordance with applicable law and your preferences. Where required, we obtain your prior opt-in consent. Marketing emails, SMS and WhatsApp messages include a clear opt-out mechanism (for example, an unsubscribe link or replying "STOP"). Push notifications are controlled through your device's operating system settings or the app's notification preferences, and you may disable them at any time. You may also manage your preferences as described in the Privacy Policy.

10. SMS Messages

By opting in to receive SMS messages, you consent to receive recurring messages from Punch. Message and data rates may apply. You may opt out at any time by replying "STOP".

11. AI-Enabled Features and Outputs

Certain features of the Services may include AI-powered insights or outputs. To deliver these features, your inputs and related information may be processed by third-party AI service providers, as described in our Privacy Policy. AI-generated outputs are provided "as is", may be inaccurate, incomplete, or inappropriate for your circumstances, and are not professional advice of any kind. You remain solely responsible for deciding whether and how to use or rely on any AI-generated outputs. You must not submit through AI Features any sensitive personal information or special categories of personal data (including health information), and you must not submit personal data of children.

12. Third-Party Services

The Services may integrate with or link to third-party services, including payment processors, social login providers, analytics and advertising services, AI service providers or other related providers. Your use of third-party services is subject to their own terms and privacy policies. Punch is not responsible for the acts, omissions or performance of any third parties.

13. App

If you access the Services via the App, Punch grants you a limited, non-exclusive, non-transferable, revocable license to install and use the App on a device that you own or control, solely for your personal, non-commercial use and in accordance with these Terms. If you downloaded the App from the Apple App Store or Google Play (each, an "App Distributor"), then: (a) the license granted to you for the App is limited to use on devices that you own or control and as permitted by the App Distributor's applicable terms and usage rules; (b) Punch, and not the App Distributor, is responsible for providing any maintenance or support services for the App, to the extent required under applicable law; (c) in the event of any failure of the App to conform to any applicable warranty, you may notify the App Distributor, and, subject to the relevant App Distributor's terms and conditions, the App Distributor may refund the purchase price (if any) paid for the App, and to the maximum extent permitted by law, the App Distributor will have no other warranty obligations whatsoever with respect to the App; (d) you represent and warrant that you are bound by, and will comply with, all applicable terms, conditions, rules, and policies of the applicable App Distributor in connection with your download, installation, access to, and use of the App; (e) you acknowledge and agree that each App Distributor is a third-party beneficiary of this Section and has the right to enforce this Section against you. For the purpose of these Terms, "App" shall include Punch's mobile application, as made available from time to time through third-party application distribution platforms (including Apple App Store and Google Play), and as updated, modified, or discontinued by Punch.

14. Disputes with Participating Businesses

Any dispute regarding a purchase, product, service, or Rewards offered by a participating business must be resolved directly with that business. Punch is not responsible for and will not be liable for such disputes.

15. Suspension and Termination

Punch may suspend or terminate your access to the Services if we reasonably believe that you have violated or may violate these Terms, engaged in unlawful conduct, or pose a risk to the Services or other users, or if Punch has otherwise been directed by a regulatory authority to suspend or terminate the Services. You may stop using the Services at any time.

16. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUNCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, AND NON-INFRINGEMENT. PUNCH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY OUTPUTS OR RESULTS WILL BE ACCURATE OR RELIABLE OR WILL MEET YOUR OR A PARTICIPATING BUSINESS' REQUIREMENTS OR EXPECTATIONS. PUNCH FURTHER DISCLAIMS ALL WARRANTIES IN CONNECTION WITH ALL THIRD PARTY SERVICES.

17. Limitation of Liability

To the maximum extent permitted by law, Punch will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data or business interruption, arising out of or related to your use of the Services. To the maximum extent permitted by law, Punch's total aggregate liability arising out of or relating to the Services or these Terms will not exceed ILS 200.

18. General

Punch may update these Terms from time to time by publishing the updated Terms through the Portal, App, other part of the Service, or otherwise sharing the updates and/or changes with you. The "Last updated" date will reflect the effective date of changes and you will have the responsibility to periodically review and check the Services or other notifications from Punch for any such updates or changes. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms. You may not assign these Terms without our prior written consent. Punch may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect. You consent to receive notices and other communications electronically, including via email, in-app notifications, or postings within the Services. Such communications satisfy any legal requirement that they be in writing. These Terms are governed by and interpreted exclusively in accordance with the laws of the State of Israel, without regard to conflict of laws principles. Any dispute will be brought exclusively before the competent courts located in Tel Aviv-Jaffa, Israel.

19. Contact Information

For questions, complaints, or further information regarding the Services, you may contact Punch at:

Punch Loyalty Ltd.
Halperin 8, Tel Aviv 6340410, Israel
Email: info@punch-portal.com
Phone: (+972) 50-930-2533