Drop'n'See Business Platform Terms of Service

1. Agreement to Terms

These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("Customer", "Organization", "you") and Drop'n'See, Inc. ("Drop'n'See", "Company", "we", "us", or "our"), concerning your access to and use of the Drop&#39n'See Business Platform (the "Platform" or "Service").

By accessing or using the Platform, you agree that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE TO ALL THESE TERMS, YOU ARE NOT PERMITTED TO USE THE PLATFORM.

1.1 Business Use Only

The Platform is intended solely for business use. You represent and warrant that you are accessing the Platform for commercial or business purposes and not for personal, family, or household purposes.

1.2 Authority to Bind

If you are accepting these Terms on behalf of an Organization, you represent and warrant that you have the legal authority to bind that Organization.

2. Definitions

• Campaign Element means any Promotion or Coupon created through the Platform.
• Coupon means a limited-use discount code with redemption tracking capabilities.
• Organization means the corporate entity that holds the primary account and subscription.
• Business means individual business locations or venues managed under an Organization.
• Promotion means time-based offers with scheduling capabilities.
• QR Code means the unique scannable code generated for each Campaign Element.
• User means an individual authorized to access the Platform on behalf of an Organization.
• Subscription Plan means the selected service tier (Free or Business).

3. Service Description

3.1 Platform Features

Drop'n'See provides a cloud-based software platform that enables businesses to:

• Create and manage digital marketing campaigns (Promotions and Coupons)
• Generate QR codes for physical placement in business locations
• Track customer engagement and redemption metrics
• Manage multiple business locations under a single Organization
• Process customer redemptions through scanning functionality
• Access real-time analytics and reporting

3.2 Service Availability

We use commercially reasonable efforts to keep the Platform available, but the Service is ultimately provided on an "AS AVAILABLE" basis. We do not guarantee uninterrupted or error-free operation and reserve the right to:

• Perform scheduled or emergency maintenance
• Modify, suspend, or discontinue features with reasonable notice
• Implement updates and improvements

3.3 Social Media & Third-Party Integrations

The Platform may allow you to connect third-party services (such as Facebook Pages or Instagram professional accounts) to enable content publishing and analytics. By connecting an integration, you authorize us to access and process data from that service according to the permissions you grant. You represent and warrant that:

• You own or have sufficient rights to connect the account or Page
• You will comply with the third party’s terms, policies, and platform rules
• You will not use integrations to publish unlawful, infringing, or deceptive content

We are not responsible for the availability, changes, or suspensions of third-party services. If access is revoked or a service changes, related features may stop working.

4. Account Registration and Security

4.1 Account Creation

To access the Platform, you must:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Create a strong, unique password
• Be at least 18 years old and capable of forming binding contracts

4.2 AWS Cognito Authentication

User authentication is managed through AWS Cognito. By using the Platform, you agree to AWS's applicable terms regarding authentication services.

4.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach
• Ensuring all Users associated with your Organization comply with these Terms

4.4 User Management

Organization Owners have immutable status and cannot be removed. Organizations may designate Users with the following roles:

• Owner: Full administrative privileges, including user management and billing (permanent designation)
• Member: Standard access to organization features and campaign management

5. Subscription Plans and Billing

5.1 Subscription Tiers

We offer the following subscription plans:

• Free Tier: Limited features with usage quotas
• Business Tier: Full feature access with enhanced quotas and priority support

5.2 Payment Processing

All payments are processed through Stripe, Inc. By subscribing to a paid plan, you authorize us to charge your payment method for all fees, agree to Stripe's Services Agreement and Privacy Policy, and acknowledge that pricing may change with 30 days' notice.

5.3 Billing Terms

• Subscriptions automatically renew unless cancelled
• Fees are charged in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• You are responsible for all applicable taxes

5.4 Feature Gating and Quotas

Certain features (e.g., Promotion creation) may be restricted to paid plans. Usage quotas (e.g., monthly Coupon creation limits) apply based on your subscription tier.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Platform only for lawful purposes and in accordance with these Terms.

6.2 Prohibited Activities

You agree NOT to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit malware, viruses, or malicious code
• Attempt to gain unauthorized access to any part of the Platform
• Use the Platform for fraudulent or deceptive practices
• Create Campaign Elements with inappropriate, offensive, or illegal content
• Connect third-party accounts or Pages you do not control or have rights to access
• Resell or redistribute access to the Platform
• Use automated systems or bots to access the Platform
• Circumvent usage quotas or feature restrictions

6.3 Content Standards

All Campaign Elements must:

• Be accurate and not misleading
• Comply with applicable advertising and consumer protection laws
• Not contain discriminatory, harassing, or offensive material
• Respect third-party intellectual property rights

7. Intellectual Property Rights

7.1 Platform Ownership

The Platform, including all software, design, text, graphics, and other content, is owned by Drop'n'See and protected by intellectual property laws.

7.2 Customer Content

You retain ownership of content you upload to the Platform ("Customer Content"). By uploading Customer Content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Host, store, and display your content
• Process and transform images (e.g., SVG to PNG conversion)
• Generate QR codes for your Campaign Elements
• Create backups and archives

7.3 Feedback

Any suggestions, feedback, or improvements you provide become our property and may be used without compensation or attribution.

8. Data Protection and Privacy

8.1 Data Processing Roles

• We act as a Data Controller for Organization and User account information, platform analytics, fraud prevention, and any processing where we determine the purposes and means.
• We act as a Data Processor (or sub-processor) only for end-customer data that you instruct us to process exclusively on your behalf, subject to the Data Processing Agreement ("DPA").
• You act as a Data Controller for your customers' personal data and must ensure you have a lawful basis to share that data with us and to instruct us under the DPA.

8.2 GDPR Compliance

For European Union data subjects, we comply with the GDPR:

• We process data only for specified, legitimate purposes and as described in these Terms and the applicable DPA
• We implement appropriate technical and organizational security measures
• We support your obligations for data subject rights requests when acting as your processor
• We maintain records of processing activities

8.3 Data Storage and Transfer

• Data is stored in AWS infrastructure (S3, RDS, CloudFront)
• We may transfer data internationally with appropriate safeguards
• Campaign images are stored in designated S3 buckets
• Database backups are maintained for disaster recovery

8.4 Data Retention

• Account data is retained for the duration of your subscription
• Campaign data is retained for analytics purposes for up to 2 years
• We delete personal data upon request, subject to legal obligations

8.5 Third-Party Services

We use the following third-party services that may process your data:

• Amazon Web Services (AWS) (including S3, RDS, CloudFront, Cognito, Location Services, Simple Queue Service, and CloudWatch Logs) for cloud infrastructure, storage, authentication, and messaging.
• Stripe for payment processing and billing lifecycle management.
• OpenAI for AI-powered content generation features (when enabled).
• Expo for push notification delivery (when enabled).
• Unsplash for optional stock image integration used in campaign creation.
• Meta Platforms (Facebook/Instagram) when you connect a social media integration.

9. Service Level and Support

9.1 Support Services

• Free Tier: Community support and documentation
• Business Tier: Priority email support with a target (but not guaranteed) initial response within one business day

9.2 Service Modifications

We reserve the right to modify or discontinue features with reasonable notice. Material changes will be communicated via email at least 30 days in advance.

10. Limitation of Liability

10.1 Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.2 Limitation of Damages

To the maximum extent permitted by law:

• Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim
• We shall not be liable for indirect, incidental, special, or consequential damages
• We shall not be liable for lost profits, revenue, or business opportunities

10.3 Exceptions

These limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

11. Indemnification

You agree to indemnify, defend, and hold harmless Drop'n'See, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights
• Your Campaign Elements or Customer Content
• Actions of Users under your Organization

12. Termination

12.1 Termination by You

You may terminate your account at any time through the Platform settings or by contacting support. Termination will be effective at the end of your current billing period.

12.2 Termination by Us

We may terminate or suspend your account immediately for:

• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Request by law enforcement or court order

12.3 Effect of Termination

Upon termination:

• Your access to the Platform ceases immediately
• We may delete your data after 30 days
• You remain liable for all fees incurred
• Sections that by their nature should survive termination shall remain in effect

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve disputes informally by contacting us at legal@dropnsee.com.

13.2 Arbitration Agreement

Any dispute not resolved informally shall be resolved through binding arbitration under the rules of the American Arbitration Association. Arbitration shall be conducted in English in the State of Delaware.

13.3 Class Action Waiver

You agree to resolve disputes only on an individual basis and waive any right to participate in class actions or representative proceedings.

13.4 Exceptions

This arbitration agreement does not apply to disputes regarding intellectual property rights or requests for injunctive relief.

14. General Provisions

14.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

14.2 Entire Agreement

These Terms, together with our Privacy Policy and any Data Processing Agreement, constitute the entire agreement between you and Drop'n'See.

14.3 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

14.4 Assignment

You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

Neither party shall be liable for delays or failures due to circumstances beyond their reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.6 Notices

Legal notices should be sent to:

• Drop'n'See: legal@dropnsee.com
• You: The email address associated with your account

14.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations, including U.S. Export Administration Regulations.

15. Specific Service Terms

15.1 QR Code Usage

• QR codes generated through the Platform remain our property but are licensed for your use
• QR codes must not be modified or obscured when displayed
• QR codes should be placed in accordance with local regulations

15.2 Image Processing

• You warrant that you have rights to use all uploaded images
• We may compress, resize, or convert images for optimal performance
• Processed images are stored in AWS S3 with appropriate access controls

15.3 Analytics and Reporting

• Analytics data is provided for informational purposes only
• Analytics may have delays or inaccuracies
• Analytics should not be solely relied upon for business decisions

15.4 API Usage

• Rate limits apply as specified in documentation
• API keys must be kept confidential
• We reserve the right to revoke access for abuse

16. Updates to Terms

We may update these Terms from time to time. We will notify you of material changes via email or Platform notification at least 30 days before the changes take effect. Your continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.

17. Contact Information

Drop'n'See, Inc.
17 Stonebridge Crossing Dr
Maryville, IL 62062, USA

Legal: legal@dropnsee.com
Support: support@dropnsee.com