Terms of Service

1. Introduction

Welcome to Fides! These Terms of Service ("Terms") govern your use of our mobile application and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms, including our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not use our Services.

2. Eligibility

To use our Services, you must be at least 13 years old. If you are under 18, you must have the permission of your parent or guardian to use the app. Our Services are not available to any users previously banned from using our Services. By agreeing to these Terms, you confirm that you meet these eligibility requirements.

For users under 16 in the European Union (EU): Parental consent is required to use our Services. If you are under 16, you must provide proof of parental consent, and by agreeing to these Terms, you confirm that you have obtained such consent.

3. Earning Stamps

Earning Criteria:

Stamps can be earned through various activities such as:

Exclusions:

Stamps cannot be earned for:

4. Using Stamps

Redemption:

Once a stamp card is full, it is automatically redeemed for a benefit specified by the business. These benefits may include discounts, free products, or other rewards as described by the business. The benefit is generated in the user’s personal wallet within the app in the form of a redeemable coupon.

Restrictions:

5. Member Responsibilities

Accurate Information:

You must provide accurate and up-to-date information during registration and maintain the accuracy of your information. Providing false or misleading information may result in the suspension or termination of your account.

Account Security:

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Fides is not responsible for any loss or damage arising from your failure to maintain the security of your account.

6. Program Changes and Termination

Modifications:

We reserve the right to modify or terminate the program at any time, with or without notice. If any material changes are made to the program that affects the way your personal data is handled, we will notify you with reasonable notice.

Notification:

Any changes to these Terms will be communicated via the app or email. Continued use of the Services after changes indicates acceptance of the new Terms.

Termination:

Upon termination of the program or your account, any stamps or rewards accumulated may be forfeited unless otherwise stated. We may also terminate or suspend access to your account for breach of these Terms or other reasons.

7. Privacy and Data Use

Data Collection:

We collect personal information to provide and improve our Services. This includes the data you provide during registration and your interactions within the app. The data we collect includes:

Data Storage and Handling:

Your data is stored in a secure virtual database controlled by Amazon Web Services (AWS) in Frankfurt, Germany. The data is used solely for providing and improving the functionality of the Fides loyalty program, as well as tracking your use of the app.

Data Retention:

We retain your personal data only for as long as necessary to provide you with our Services and for legitimate business purposes, such as complying with legal obligations, resolving disputes, and enforcing our agreements. Once your account is terminated or you stop using our Services, we will delete your data in accordance with our data retention policy, except where we are legally required to retain it longer.

Data Sharing:

We do not share your personal data with third parties, except for the business location data, which is shared with Google to enable location services within the Fides loyalty program. All data sharing is conducted in compliance with GDPR, ensuring that only necessary information is shared and that it is protected under appropriate agreements.

User Rights:

Consent and Withdrawal:

If we rely on your consent to process your personal data, you have the right to withdraw that consent at any time. This can be done through your account settings or by contacting us.

Data Breach Notification:

In the event of a data breach that is likely to result in a high risk to your rights and freedoms, we will notify you and the relevant data protection authority without undue delay, in accordance with GDPR requirements.

Security Measures:

User authentication is required to access the Service, ensuring that only authorized users can view and modify their personal data. Passwords are encrypted, and two-factor authentication (2FA) may be required for enhanced security. Fischi Ab implements industry-standard security measures, including SSL encryption, to protect data from unauthorized access, alteration, disclosure, or destruction.

8. Limitation of Liability

To the fullest extent permitted by law, Fischi Ab shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

Use of or Inability to Use the App:

Any issues arising from your use of or inability to use the Fides app, including any errors, bugs, or interruptions in service.

Unauthorized Access:

Any unauthorized access to or use of our servers and/or any personal information stored therein, even when we have taken reasonable security measures to protect such information.

Interruption of Services:

Any interruption or cessation of transmission to or from the app, including but not limited to network failures, system outages, or service disruptions, regardless of the cause.

Viruses and Malware:

Any bugs, viruses, trojan horses, or other harmful code that may be transmitted to or through the app by any third party, despite our efforts to secure the app environment.

Errors or Omissions in Content:

Any errors or omissions in any content provided through the app or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the app.

Third-Party Conduct:

The defamatory, offensive, or illegal conduct of any third party, including other users, whether online or offline, and regardless of whether the issue arises through the app or any linked services.

Compatibility Issues:

Any issues related to the compatibility of the app with your device or operating system, including but not limited to problems arising from updates or changes to either the app or your device’s software.

Maximum Liability:

In any case, Fischi Ab’s total liability to you for all claims arising out of or relating to the use of the app or these Terms, whether in contract, tort, or otherwise, shall not exceed the amount you paid us, if any, for access to or use of the app during the six (6) months immediately preceding the event giving rise to the liability.

Consumer Rights:

Nothing in this section is intended to exclude or limit any statutory rights you may have under applicable law that cannot be excluded or limited by law. If applicable law does not allow the limitation or exclusion of liability, the limitations and exclusions in this section may not apply to you.

9. Dispute Resolution

Process:

If you have a dispute with us, please contact our customer service team first. If the issue is not resolved, it will be handled through binding arbitration, unless local laws prohibit such a process for consumer agreements.

Governing Law:

These Terms are governed by the laws of the European Union and the relevant local laws of your country of residence within the EU, without regard to its conflict of law principles. Users within the EU also have the right to lodge a complaint with their local data protection authority if they believe their data protection rights have been violated.

10. Contact Information

If you have any questions or concerns about these Terms or wish to exercise your GDPR rights, please contact us at: