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This is a non-binding convenience translation — the German version (AGB) prevails.

Terms of Service for the Stampbird Platform

1. Scope and contracting parties

1.1 These terms of service ("Terms") apply to all contracts for the use of the software-as-a-service platform Stampbird between Nebold, owner Taha Cemal Kaya (sole proprietorship), Wittelsbacherallee 107, 60385 Frankfurt am Main, Germany, represented by Taha Cemal Kaya (owner) ("Provider"), and its customers ("Customer").

1.2 The offering is addressed exclusively to businesses within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Contracts with consumers are excluded.

1.3 Deviating or supplementary terms of the Customer do not become part of the contract, even if the Provider does not expressly object to them.

2. Subject matter of the contract

2.1 The Provider makes the Stampbird platform available to the Customer as an online service via the internet for creating, issuing and managing digital loyalty cards (Apple Wallet, Google Wallet, web pass).

2.2 The plans and prices of the current price list on stampbird.com or shown during checkout apply. The price displayed at the time of contract conclusion is decisive, plus statutory VAT (net).

2.3 New customers receive a free trial of 14 days from registration. The trial ends automatically; a paid subscription only comes into existence if the Customer actively subscribes and provides payment details.

2.4 The contract runs for an indefinite period and can be terminated monthly (section 7).

3. Scope of services

3.1 The scope of services includes in particular:

a) design and issuance of digital loyalty cards (stamp, points and tier models), b) adding cards to Apple Wallet and Google Wallet, plus a web pass, c) scanner functionality for awarding stamps/points and redeeming rewards, d) push messages to card holders (consent-based, with a technical frequency cap), automation rules and campaigns, e) merchant dashboard with analytics, team roles and an audit log, f) a built-in self-service portal for end customers' data protection requests, g) REST API and webhooks to the documented extent.

3.2 The Provider may further develop the scope of services provided the purpose of the contract is not jeopardised and the change is reasonable for the Customer, taking the Provider's interests into account. Material restrictions will be announced with reasonable notice.

3.3 Third-party services (in particular Apple Wallet, Google Wallet and the push infrastructure of Apple and Google) are outside the Provider's sphere of influence. In this respect, the Provider only owes proper integration with these services, not their availability or continued existence.

4. Availability

4.1 The Provider renders its services with the diligence of a prudent businessperson on a best-effort basis. No specific service level (SLA) and no guaranteed minimum availability are owed under the basic plan.

4.2 Planned maintenance is carried out outside usual business hours where possible and, where reasonable, announced in advance.

4.3 Periods of unavailability due to force majeure, disruptions at third parties (section 3.3) or other circumstances for which the Provider is not responsible are excluded from availability.

5. Customer obligations

5.1 Vis-à-vis its end customers, the Customer is solely responsible for compliance with the legal requirements applicable to it, in particular for its own legal texts (privacy notices, terms of participation of its loyalty programme, imprint obligations). Templates provided by the Provider are non-binding samples.

5.2 The Customer sends push messages and other communications only to end customers who have validly consented. Spam and unlawful direct marketing are prohibited (including under Section 7 of the German Act against Unfair Competition, UWG). The Provider's technical frequency cap does not relieve the Customer of its own legal assessment.

5.3 If the Customer uses features related to reviews (e.g. linking to Google review pages), it must comply with the applicable Google review policies; in particular, buying reviews, offering incentives exclusively for positive reviews and selectively suppressing negative reviews ("review gating") are prohibited.

5.4 The Customer keeps its access credentials confidential, adequately secures devices with scanner access, and informs the Provider without undue delay of any misuse of its account.

5.5 The Customer does not provide unlawful content via the platform and does not infringe third-party rights (in particular trademarks, copyright and personality rights) when designing its loyalty cards and messages.

5.6 In the event of serious or repeated breaches of this section 5, the Provider may temporarily suspend the affected features after prior notice (without notice in cases of imminent danger); the right to terminate for cause remains unaffected.

6. Payment terms

6.1 Billing takes place monthly in advance via the payment service provider Stripe. The Customer provides a valid payment method with Stripe for this purpose.

6.2 All prices are net plus the applicable statutory VAT. Invoices are provided electronically.

6.3 If a debit fails, the Provider will request payment from the Customer. If the Customer defaults on payment, the Provider may, after an unsuccessful reminder with a reasonable deadline, suspend access until the outstanding claims are settled. The payment obligation for the suspension period remains in place insofar as the Customer is responsible for the suspension.

6.4 Set-off is only permitted with undisputed claims or claims established by final and binding judgment.

7. Term and termination

7.1 The contract begins upon conclusion of the subscription and runs for an indefinite period. Either party may terminate it with one month's notice to the end of the respective billing month. The Customer may terminate at any time via the dashboard or in text form.

7.2 Both parties' right to extraordinary termination for cause remains unaffected.

7.3 Effect of termination: Upon the termination taking effect, the Customer's write access ends (no issuance of new cards, no awarding of stamps, no push messages). Data export remains available for 90 days after the end of the contract; during this period the Customer may retrieve its data in a structured, commonly used format. After expiry of the 90 days, the Customer's data is deleted or anonymised unless statutory retention obligations require otherwise. The provisions of the data processing agreement on deletion and return remain unaffected.

8. Liability

8.1 The Provider is liable without limitation for intent and gross negligence, for damages arising from injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee assumed.

8.2 In cases of simple negligence, the Provider is liable only for the breach of material contractual obligations (cardinal obligations), i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely. In such cases, liability is limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract.

8.3 Strict liability for initial defects pursuant to Section 536a (1) alt. 1 BGB is excluded.

8.4 In all other respects, the Provider's liability is excluded. To the extent liability is excluded or limited, this also applies to the personal liability of the Provider's legal representatives, employees and vicarious agents.

8.5 The Customer is responsible for backing up the data available via the data export at reasonable intervals.

9. Data protection and processing on behalf

9.1 To the extent the Provider processes personal data of end customers on behalf of the Customer, the parties conclude the Provider's data processing agreement (DPA) pursuant to Art. 28 GDPR; it forms part of the contract. In the event of conflicts, the DPA prevails over these Terms in data protection matters.

9.2 The Provider's privacy policy applies to the processing of the Customer's account data.

10. Final provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

10.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Frankfurt am Main, Germany, provided the Customer is a merchant, a legal entity under public law or a special fund under public law.

10.3 The Provider will notify the Customer of changes to these Terms in text form at least six weeks before they are intended to take effect. If the Customer does not object within this period, the changes are deemed approved; the Provider will specifically point out this consequence in the notification. Changes that materially shift the contractual balance require the Customer's express consent.

10.4 Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.