Draft for review. This is a starting point written in plain words. Have a lawyer review it, and fill in the bracketed parts, before you sell to customers.

Terms of Service

Last updated: [DATE]

These terms are between [YOUR COMPANY NAME] ("we") and the business that signs up ("you") for Puncharoo ("the service").

1. The service

Puncharoo lets you run a customer rewards program using iPads and a web dashboard. You set the rules for earning and using points. You are responsible for honoring the rewards you offer your customers.

2. Your account

Keep your login private. You are responsible for what happens under your account and on iPads you connect. Remove iPads you no longer use from the iPads page in your dashboard.

3. Payment

Puncharoo has one plan. When you sign up, you pay a one-time $149 setup fee, plus shipping, through Stripe. The setup fee includes your first 3 months of service. It is not a purchase of the iPads (see section 3a). Starting in month 4, the plan is $19 a month, billed monthly in advance. There is no contract.

The plan includes up to 30 marketing emails a month, each of which you may send to any number of your members who agreed to receive them. Unused emails do not carry over. Test emails you send to yourself do not count.

Canceling. You can cancel any time from the Billing page. Canceling takes effect immediately: your service stops the moment you cancel, including any time remaining in your first 3 months or in the current month. We do not give refunds, prorated refunds or credits of any kind, including for the setup fee, shipping, unused months or partial months, unless the law requires it. We may change prices with at least 30 days' notice.

3a. The iPads

The 2 iPads and stands we send you are on loan and remain the property of [YOUR COMPANY NAME]. You may use them only for the service while your plan is active. Please keep them in good condition, plugged in and away from water.

Returning them. If you cancel, or your plan ends for any other reason (for example, because payment fails), you must send the iPads and stands back to us using the return instructions we send you. They must be postmarked within 14 days after the day you cancel (or the day your plan otherwise ends). The postmark date is what counts.

Automatic charge for iPads not returned. If an iPad is not postmarked for return within those 14 days, we will automatically charge the card on file from your sign-up $169 for each iPad not returned, on or after the 15th day. By agreeing to these terms at checkout, you authorize this charge. If you return an iPad after we charge for it, contact us. If iPads come back damaged beyond normal wear, we may charge you up to [$AMOUNT] after contacting you.

4. Your customers' information

You own your customer list. You are responsible for having permission to collect it and for how you use it, including any emails you send. If you send marketing emails, you must have your customers' consent and honor opt-outs. Your promo emails must include your store's real mailing address. We may pause email for a store whose emails draw too many spam complaints or bounces. You can download or delete your customer data at any time.

5. Acceptable use

Do not use the service for anything illegal, to send spam, or to try to access other businesses' data.

6. Availability

We work to keep the service running but do not promise it will always be available or error-free. The iPads need an internet connection.

7. Ending the service

If your plan ends, the iPads pause, you return them as described in section 3a, and we keep your data for [90] days so you can come back or download it. After that we may delete it. We may suspend accounts that break these terms.

8. Limits on liability

To the extent the law allows, our total liability is limited to the amount you paid us in the 3 months before the claim. We are not liable for lost profits or indirect damages.

9. Contact

[YOUR COMPANY NAME], [MAILING ADDRESS], [EMAIL]