Merchant Terms of Service

These Merchant Terms of Service ("Terms") are the agreement between you, the business using Sukify ("you," "your," "Merchant"), and Konseptu IT Consultancy, the company that owns and operates Sukify ("Sukify," "we," "us," "our"). They cover the merchant dashboard, the clerk application, and the back-end services we provide to businesses. If you are a cardholder using a loyalty card, the Customer Terms of Use apply to you instead.

1. Acceptance of these terms

By creating a Sukify merchant account, clicking to accept these Terms, or using any part of the merchant platform, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the platform. Acceptance through our online flows forms a valid and binding electronic contract under the Philippine Electronic Commerce Act (Republic Act No. 8792).

2. Who can use Sukify

You must be at least 18 years old and authorized to bind your business to these Terms. By accepting, you represent that you have that authority and that the information you give us is accurate and kept up to date. If you accept on behalf of an organization, "you" means that organization.

3. Definitions

• Platform means the Sukify merchant dashboard, clerk application, APIs, and related services we make available to you.
• Cardholder means an individual customer who holds or claims a digital stamp card you issue.
• Customer Data means personal data about your Cardholders that we process for you through the Platform (for example, names, contact details, and stamp or redemption history).
• Merchant Content means logos, branding, business information, reward descriptions, and other material you upload.

4. What Sukify provides

Sukify is a cloud-based digital loyalty platform that lets you create and manage QR-based stamp cards for your customers. The Platform includes a merchant dashboard, a clerk application for issuing and stamping cards, customer analytics, and supporting services. We may add, change, or remove features over time. We will give reasonable notice before removing a feature you actively rely on.

5. Your account and security

You are responsible for keeping your account credentials confidential and for all activity that happens under your account, including activity by your staff and clerks. Tell us promptly at contact@sukify.ph if you suspect any unauthorized use. You are responsible for ensuring your staff use the Platform in line with these Terms.

6. Subscriptions, plans, and pricing

Sukify offers subscription tiers as described on our pricing page. Prices are in Philippine Pesos (PHP). We may change pricing with at least 30 days' notice to existing subscribers; changes take effect at your next billing cycle.

• Upgrades take effect immediately, with prorated billing for the remainder of the cycle.
• Downgrades take effect at the end of the current billing cycle.
• Branch additions are prorated; branch removals are credited to your account balance.

7. Billing, payment, and taxes

Invoices are sent by email. Payment is currently accepted through GCash, and we may add other methods over time. Fees are due on the date stated on the invoice.

Sukify is operated by Konseptu IT Consultancy, a non-VAT registered entity subject to percentage tax. Our prices are final in PHP and we do not add Value-Added Tax. Invoices and official receipts are issued as Non-VAT, so they cannot be used to claim input VAT. You are responsible for any taxes that apply to you under your own tax status.

8. Pilot program

During our pilot launch, selected merchants receive a free trial period and access to exclusive billing discounts. Pilot terms, including any discount rate, are locked in at signup and will not be changed retroactively for the period they cover. The pilot program is limited in the number of participating merchants and may close at any time to new entrants.

9. Suspension for non-payment

Accounts with invoices unpaid beyond 15 days may be temporarily suspended. We will not delete your data during a suspension for non-payment, and your account will be restored once payment is received. Suspension does not waive amounts you owe.

10. Your content and brand assets

You keep ownership of all Merchant Content you upload. By uploading it, you grant Sukify a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and process that content only as needed to operate and provide the Platform to you. You represent that you have the rights to upload your Merchant Content and that it does not infringe anyone else's rights or break any law.

11. Customer data and our role as processor

For the personal data of your Cardholders that we handle on your behalf, you are the Personal Information Controller and Sukify is your Personal Information Processor under the Philippine Data Privacy Act of 2012 (Republic Act No. 10173) and, where it applies, an equivalent processor under the EU General Data Protection Regulation. In that role we will:

• Process Customer Data only to provide the Platform to you and on your documented instructions, including those given through your use of the Platform;
• Keep Customer Data confidential and require the same of our staff and sub-processors;
• Apply reasonable and appropriate organizational, physical, and technical security measures;
• Use sub-processors (such as cloud hosting and payment providers) only under written terms that protect the data, and remain responsible for their performance;
• Help you respond to Cardholder rights requests and to your security and compliance obligations, so far as the Platform allows;
• Notify you without undue delay after becoming aware of a personal data breach affecting Customer Data; and
• Delete or anonymize Customer Data after our relationship ends, as described in our Privacy Policy, except where the law requires us to keep it.

You are responsible for having a lawful basis to collect Cardholder data and for giving your Cardholders any notices and choices the law requires. Our handling of merchant account data, where Sukify is itself the controller, is described in the Privacy Policy.

12. Acceptable use

You agree not to:

• Use Sukify for any illegal purpose or in breach of any applicable law;
• Distribute malware or interfere with or disrupt the Platform's operation or security;
• Resell, sublicense, or provide the Platform to third parties as your own service;
• Scrape, crawl, copy, decompile, or reverse-engineer any part of the Platform, except to the limited extent the law does not allow this restriction;
• Create fraudulent stamp card programs, misleading reward offers, or rewards you do not intend to honor; or
• Upload content that is unlawful, infringing, deceptive, or harmful.

13. Your loyalty programs and promotions

Your loyalty programs, stamp cards, and reward offers are your own sales promotions, and you are solely responsible for running them lawfully. You agree to comply with the Philippine Consumer Act (Republic Act No. 7394), the rules of the Department of Trade and Industry (DTI), and any other law that applies to promotions, including obtaining any DTI sales-promotion permit your campaign requires.

For each program or offer you publish through Sukify, you are responsible for clearly stating its mechanics, including how stamps are earned, the number of stamps needed for a reward, the reward itself, the start and end dates and any redemption deadline, expiry dates, and the conditions and procedure for claiming a reward. You must advertise your rewards truthfully, honor every offer on the terms shown, and not run any misleading, deceptive, or unfair promotion. Sukify provides the technology to record and display your program; it does not review, approve, or take responsibility for your promotions or for obtaining permits on your behalf.

14. Service availability

We aim for high availability but do not guarantee uninterrupted or error-free service. We will give advance notice of scheduled maintenance where practical. We are not liable for downtime caused by factors outside our reasonable control, such as internet outages, natural disasters, power failures, or third-party service failures.

15. Intellectual property

The Sukify name, logo, platform design, and software are owned by Sukify and protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable right to use the Platform during your subscription; they do not transfer any ownership to you. You may not use our branding without our written permission. With your consent, which you may withdraw at any time, we may list your business name and logo in our customer list or case studies.

16. Third-party services

The Platform may link to or rely on third-party services, such as payment, messaging, and cloud providers. Your use of those services is governed by their own terms, and we are not responsible for them. We choose our providers with care and bind them to protect your data as described in these Terms and the Privacy Policy.

17. Disclaimer of warranties

The Platform is provided on an "as is" and "as available" basis. To the fullest extent allowed by law, we disclaim all warranties not expressly stated here, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will meet every requirement of your business, be free of all errors, or produce any particular sales or customer-retention result. Nothing in this section limits rights that cannot be waived under Philippine law.

18. Limitation of liability

To the fullest extent allowed by law, Sukify is not liable for lost revenue, lost customers, lost profits, lost or corrupted data, or any indirect, incidental, special, or consequential damages arising from your use of the Platform. Our total liability for all claims arising out of or relating to these Terms or the Platform is limited to the amount you paid us in the 12 months before the event that gave rise to the claim. These limits do not apply to liability that cannot be limited by law, such as liability for fraud or willful misconduct.

19. Indemnification

You agree to indemnify and hold Sukify harmless from claims, damages, and reasonable costs (including legal fees) brought by a third party and arising from your Merchant Content, your loyalty programs and reward offers, your breach of these Terms, or your breach of any law, including data-protection obligations you owe your Cardholders. We will tell you promptly of any such claim and let you take part in its defense.

20. Suspension and termination

You may cancel your subscription at any time; cancellation takes effect at the end of the current billing cycle. We may suspend or terminate your access if you materially breach these Terms, fail to pay, or use the Platform in a way that creates legal risk or harms other users; where the breach can be fixed, we will give you reasonable notice and a chance to fix it first. After termination, we retain your data for 30 days so you can reactivate or export it, after which we may permanently delete it, subject to our Privacy Policy and to records the law requires us to keep.

21. Force majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disasters, power or internet failures, government action, or failures of third-party infrastructure. Affected obligations are paused for the duration of the event.

22. Changes to these terms

We may update these Terms as the Platform evolves. For material changes we will notify active merchants by email and give at least 30 days' notice before they take effect. Continuing to use the Platform after the notice period means you accept the updated Terms. If you do not agree, you may cancel before they take effect.

23. Governing law and dispute resolution

These Terms are governed by the laws of the Republic of the Philippines, without regard to conflict-of-law rules. We will first try in good faith to resolve any dispute informally; please contact us before starting any formal proceeding. Any dispute that is not resolved informally will be submitted to the exclusive jurisdiction of the courts of Cebu City, Philippines.

24. General terms

• Severability: If any provision is found unenforceable, the rest stay in force, and the provision is read to come as close as possible to its original intent.
• Assignment: You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Waiver: Failure to enforce a provision is not a waiver of our right to enforce it later.
• Entire agreement: These Terms, the Privacy Policy, and any order or plan details form the entire agreement between us about the Platform and replace any earlier agreement on the same subject.
• Notices: We send notices to the email on your account; you send notices to contact@sukify.ph.

25. Contact

Konseptu IT Consultancy
143 F. Ramos St., Cogon Ramos, City of Cebu, Cebu 6000, Philippines
Email: contact@sukify.ph or contact@konseptu.com
You can also reach us via Viber or Facebook Messenger.