Terms of Service

Effective date: May 28, 2026 (v2.0)

These Terms of Service ("Terms") govern your use of the PerkValet platform, including the merchant dashboard, consumer wallet, point-of-sale integrations, AI-powered features, and related services (collectively, the "Service") provided by PerkValet, Inc. ("PerkValet," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Accounts and Registration

To use the Service as a merchant, you must create an account and provide accurate business and contact information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must be at least 18 years old and have the authority to bind your business to these Terms. If you accept these Terms on behalf of a business entity, you represent that you have the authority to do so.

2. The Service

PerkValet provides a loyalty program management platform that integrates with supported point-of-sale ("POS") systems. The Service currently includes:

• POS integrations with Clover and Square; Toast integration is in development
• Loyalty program creation and management, including stamp-based programs, multi-tier rewards, conditional promotions (time-of-day, day-of-week, weather, and inactivity-based), bundle promotions, in-visit cross-sell offers, and referral programs
• Transaction-based stamp accumulation via POS payment webhooks
• Reward staging and delivery, including Square gift card creation and Clover discount template creation
• Smart reward selection ("precedence engine") for consumers eligible for multiple promotions
• Consumer mobile wallet with branded customer experience, installable as a progressive web app
• Bilingual consumer interface (English and Spanish)
• Merchant analytics and reporting, including visit data, redemption rates, customer retention metrics, and per-promotion funnel analytics
• AI-powered features, including the Growth Advisor (weekly business insights briefing), promotion template recommendations, AI-generated promotion descriptions and legal terms, and AI-assisted merchant support
• Communication automation, including transactional and marketing emails and SMS
• Multi-location store management and role-based team access
• Win-back automation for consumers who have not visited within a configurable window

The specific features available to a merchant depend on the merchant's subscription tier.

3. Merchant Responsibilities

You agree that:

• You will ensure your loyalty programs comply with all applicable federal, state, and local laws and regulations, including those governing gift cards, sweepstakes, promotional offers, and consumer protection
• You are responsible for the accuracy of your promotion terms, reward values, expiry dates, and consumer-facing descriptions
• You will not use the Service for any unlawful purpose
• You are responsible for training your staff on the loyalty program and PerkValet workflows
• You will provide your consumers with appropriate notice of the data collection and use practices applicable to your loyalty program
• You will not use the Service in a way that violates the terms of service of your POS provider
• You will obtain and maintain all consents required from your consumers for the data collected and processed through the Service

4. Consumer Data Roles and Responsibilities

For purposes of applicable data protection laws (including the California Consumer Privacy Act, as amended by the California Privacy Rights Act, collectively "CCPA"):

• You, the merchant, are the "business" with respect to your consumers' personal information
• PerkValet acts as a "service provider" to you with respect to consumer personal information processed through the Service
• PerkValet processes consumer personal information solely on your behalf and for the limited purposes set forth in these Terms and in our Privacy Policy

You are responsible for:

• Providing your consumers with privacy notices required by law
• Obtaining any consents required by law for the data collection and processing performed through the Service
• Responding to consumer rights requests (access, deletion, correction, opt-out) directed to your business — PerkValet will assist you in fulfilling such requests as required by applicable law

PerkValet will not:

• Sell consumer personal information
• Share consumer personal information across merchants (each merchant's consumer data is logically isolated)
• Use consumer personal information for any purpose outside of operating the Service for the merchant that collected it
• Use consumer personal information to train artificial intelligence or machine learning models

5. POS Integration and Transaction Data Collection

5.1 OAuth Authorization. PerkValet connects to your POS system via OAuth 2.0 authorization. By connecting your POS account to PerkValet, you authorize PerkValet to access the data described in our Privacy Policy, including transaction events, customer records (where applicable), product catalog information, store location information, and employee roster information.

5.2 Read vs. Write Operations. PerkValet accesses POS data in read-only mode wherever possible. The Service performs the following write operations on your POS:

• On Square: creating and loading gift cards corresponding to earned loyalty rewards; ceasing balance updates on rewards that expire
• On Clover: creating discount templates corresponding to earned loyalty rewards; removing discount templates that expire
• Catalog operations (Square and Clover): writing or updating product catalog items for bundle promotions or PerkValet-originated products, where you have configured such functionality

5.3 Transaction Data Collection — Default and Opt-In Modes. PerkValet processes POS transaction events to operate the Service. You may choose between two data collection modes, configurable in your merchant settings:

Loyalty-Only Mode (default): When this mode is active (the default for all new merchants), PerkValet processes transaction data only for transactions linked to enrolled loyalty consumers. Transactions from customers who are not enrolled in your loyalty program are not stored.

Full Transaction Mode (opt-in): When this mode is active (only if you explicitly enable it in your merchant settings), PerkValet processes transaction data for all completed transactions at your store, including transactions from customers who are not enrolled in your loyalty program. Records for non-enrolled customers contain only transaction metadata (date, time, store location, products purchased, amounts, payment method category) and do not include any personally identifying information about the non-enrolled customer.

Full Transaction Mode enables additional features including total store traffic analytics, more accurate AI Growth Advisor insights, and benchmark comparisons. By enabling Full Transaction Mode, you represent that you have all necessary consents and have provided all required disclosures to your consumers under applicable law.

You may toggle between modes at any time. Switching from Full Transaction Mode to Loyalty-Only Mode does not delete previously collected non-enrolled transaction records; you may request deletion of such records by contacting PerkValet support.

5.4 Real-Time Webhook Processing. PerkValet receives transaction events from your POS in near-real time via webhooks. These events are processed for loyalty stamp accumulation, reward staging and delivery, attribution to active promotions, and (under Full Transaction Mode) traffic analytics.

5.5 Catalog and Roster Sync. PerkValet periodically synchronizes your POS product catalog (items, prices, categories) and employee roster (where supported) to enable the Service's promotion management and team management features.

6. AI-Powered Features

The Service includes features that use artificial intelligence and machine learning, including but not limited to the Growth Advisor briefing, promotion template recommendations, AI-generated promotion descriptions and legal terms, and AI-assisted merchant support.

For all AI-powered features:

• PerkValet uses third-party AI service providers (currently Anthropic, Inc., the developer of the Claude family of AI models)
• Data sent to AI service providers is aggregated and de-identified: PerkValet does not transmit individual consumer names, phone numbers, email addresses, or other personally identifying information to AI service providers
• Data sent to AI service providers for the operation of the Service is not used by such providers to train their AI models
• AI-generated content (including promotion descriptions, legal terms, and Growth Advisor recommendations) is provided as a draft for your review; you remain responsible for the accuracy and legal compliance of any content you publish or rely upon

7. Fees and Billing

7.1 Merchants pay a flat monthly subscription fee per store location. There are no setup fees, per-transaction fees, or percentage-of-sales charges. Current published pricing is available at perksvalet.com.

7.2 Fees are billed monthly in advance. The first billing cycle commences at the end of any applicable free pilot period.

7.3 Subscription fees are processed by our payment provider (currently Stripe). By providing payment information, you authorize PerkValet (through its payment provider) to charge your designated payment method.

7.4 If payment is not received within thirty (30) days of the due date, we may suspend access to the Service. Accounts suspended for non-payment may be reactivated upon payment of all outstanding balances. After ninety (90) days of suspension for non-payment, the account may be permanently closed and data deleted per Section 12.

7.5 Merchants may cancel their subscription at any time. Cancellation takes effect at the end of the then-current billing month. No refunds will be issued for partial months of service unless required by law.

8. Intellectual Property

8.1 PerkValet owns all rights, title, and interest in the Service, including the software, design, documentation, AI-generated content templates, and underlying technology.

8.2 You retain ownership of your business data, including your loyalty program configurations, brand assets you provide, and the consumer personal information collected through your loyalty program.

8.3 You grant PerkValet a limited, non-exclusive license to use your business name, logo, and brand assets solely for the purpose of displaying them within the Service and operating the Service on your behalf.

8.4 PerkValet may use aggregated and de-identified data derived from the Service for purposes including improving the Service, generating industry benchmarks, and analyzing platform performance. Use of aggregated data does not include sharing individual merchant or consumer information.

9. Acceptable Use

You will not, and will not permit any user of your account to:

• Use the Service in violation of any applicable law
• Use the Service in a manner that infringes upon the rights of any third party
• Attempt to reverse-engineer, decompile, or otherwise extract the source code of the Service
• Use the Service to send unsolicited messages in violation of applicable communications laws (including the TCPA and CAN-SPAM Act)
• Use the Service to operate a loyalty program for unlawful goods or services
• Bypass or attempt to bypass any access controls, rate limits, or security features of the Service
• Resell, sublicense, or otherwise commercially exploit the Service except as expressly permitted by PerkValet

10. Limitation of Liability

To the maximum extent permitted by applicable law, PerkValet shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service, including but not limited to lost profits, lost revenue, lost data, or business interruption.

PerkValet's total cumulative liability for any claims arising under these Terms shall not exceed the total fees paid by you to PerkValet in the twelve (12) months preceding the event giving rise to the claim.

11. Service Availability

We strive to maintain high availability of the Service. PerkValet is not responsible for service interruptions caused by third-party services (including Clover, Square, Toast, Anthropic, Stripe, Twilio, Zoho/Zepto Mail, Render, or other infrastructure providers), internet connectivity issues, scheduled maintenance, or force majeure events.

12. Suspension and Termination

12.1 You may terminate your account at any time as described in Section 7.5.

12.2 We may suspend or terminate your account if you materially breach these Terms and fail to cure within thirty (30) days of written notice, fail to pay fees when due, your activity harms the Service or other users, or as required by law.

12.3 Upon termination, we will retain your data for ninety (90) days to allow for data export or reactivation. After ninety (90) days, your data may be permanently deleted, subject to legal retention obligations.

13. Modifications to Terms

We may update these Terms from time to time. For material changes, we will notify merchants via email at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any dispute arising under or related to these Terms shall be resolved in the state or federal courts located in Alameda County, California.

15. General Provisions

These Terms, together with the Privacy Policy and any subscription confirmation, constitute the entire agreement between you and PerkValet regarding the Service. If any provision is held invalid, the remaining provisions remain in full force. The failure of PerkValet to enforce any provision does not constitute a waiver. You may not assign these Terms without PerkValet's prior written consent. The relationship between you and PerkValet is that of independent contractors.

16. Contact

Questions about these Terms? Contact us at:

PerkValet, Inc.
Pleasanton, California
hello@perksvalet.com