Terms and Conditions

1.Who we are

Stampi is a software product built and operated by Emov Studio. Where these Terms say "Emov Studio", "we", or "our", they mean [LEGAL ENTITY NAME], with its address at [MAILING ADDRESS] and contact address [email protected].

Emov Studio is the only party responsible to you for Stampi. No other person, affiliate, distributor, app store, or technology provider assumes any obligation under these Terms, except as expressly set out in Annex I.

2.Definitions

Throughout these Terms, the following words carry the meanings given here:

• "Service" or "Stampi": the Stampi mobile app, the business portal, the public pages hosted at usestampi.com, the supporting interfaces and backend services, and any material, update, or feature Emov Studio makes available in connection with them.
• "Customer": a person who uses Stampi to collect stamps and redeem rewards at one or more businesses.
• "Business": the individual or legal entity that registers a shop on Stampi in order to offer loyalty cards to its customers, together with anyone acting on its behalf.
• "Staff": the people a Business grants access to service functions such as stamping, correcting, or confirming redemptions.
• "Business Content": the logos, images, names, descriptions, card terms, links, messages, and any other material a Business uploads, publishes, or sends through the Service.
• "Subscription": the paid, recurring access right that unlocks the business features of the Service.
• "Store": the Apple App Store or Google Play, as applicable.

3.Acceptance of these Terms

By creating an account, ticking an acceptance box, downloading or using the app, enrolling in a card from the web, taking out a Subscription, or otherwise using the Service, you confirm that you have read, understood, and accepted these Terms and the Privacy Policy, and that you agree to be bound by them.

If you accept these Terms on behalf of a Business or any other legal entity, you represent and warrant that you have authority to bind it, and references to "you" cover both that entity and you personally.

If you do not agree with any part of these Terms, you must not use the Service.

4.Eligibility and capacity

To use the Service you must be of legal age and have the legal capacity to enter into binding agreements under the law of your country of residence, and you must not be barred from receiving software services under any applicable regulation.

We may refuse, suspend, or terminate access for anyone who does not meet these requirements, without any obligation to compensate.

5.Your account and its security

You agree to provide accurate, complete, and current information and to keep it up to date. You are responsible for the confidentiality of your credentials and for all activity carried out through your account, whether or not you were aware of it.

You must tell us promptly if you detect unauthorized use of your account. Emov Studio is not liable for losses arising from unauthorized account use where that use stems from a breach of this section.

An account is personal and non-transferable. You may not share, sell, assign it, or let a third party use it on your behalf, other than through the Staff access the Service itself provides.

6.The Service is software, not an outcome

Stampi is a software tool for running a loyalty program. Emov Studio is not a party to the commercial relationship between a Business and its customers, takes no part in any Business's sales, plays no role in delivering rewards, and provides no commercial, financial, accounting, tax, or legal advice.

Emov Studio makes no promise and gives no guarantee of any result from using the Service. In particular, and without limitation, it does not guarantee any increase in sales, customers, visit frequency, retention, or revenue, nor the performance of any campaign, promotion, or message sent through the Service.

Any figure, example, estimate, projection, case study, or promotional material concerning Stampi is illustrative only and does not constitute a warranty, a binding offer, or a contractual representation.

7.You receive whichever version is current

The Service is provided as it exists at the time of use, in whatever version, configuration, scope, and feature set is then current. Your right of use attaches to the Service as a whole and not to any particular feature, screen, integration, capability, limit, or behavior.

No specific feature forms part of what you contracted for unless Emov Studio has expressly agreed to it in writing. Roadmaps, announcements of future features, support replies, marketing materials, screenshots, and verbal statements create no obligation or warranty of any kind.

You are responsible for keeping the app up to date. We may require a minimum version in order to keep providing the Service and may end support for older versions, older operating systems, or incompatible devices.

8.Changes to the Service

Emov Studio may, at its sole discretion and at any time, modify, expand, reduce, reorganize, temporarily suspend, or permanently discontinue any part of the Service, including features, integrations, technical limits, and access methods.

Where a change removes or materially degrades a core feature included in an active Subscription, we will give at least thirty (30) days' notice by a reasonable means, and you may cancel the Subscription under Part D. That notice and that ability to cancel are your sole remedy for such changes.

Changes that do not materially and adversely affect a core feature — including improvements, fixes, design adjustments, and the removal of ancillary or little-used features — may be applied without prior notice.

9.Third-party dependencies

The Service depends on platforms and providers we do not control, including the operating systems and app stores of Apple and Google, digital wallet services, infrastructure and database providers, notification services, map and address providers, mobile networks, and internet access providers.

Emov Studio is not liable for interruptions, changes of terms, policy restrictions, failures, delays, data loss, or suspensions originating with those third parties, nor for the decisions they make about whether the app remains available on their platforms.

Use of third-party services through the Service — opening a map, a social network, or a Business's public listing — is additionally governed by those third parties' terms.

10.New, test, and pilot features

We may make available features identified as new, test, beta, pilot, or preview. These are offered strictly as is, may contain errors, may be changed or withdrawn at any time without notice, and are excluded from any warranty, availability commitment, or service level.

Use of these features is voluntary and at the sole risk of whoever uses them.

11.Acceptable use

You agree to use the Service in good faith, in accordance with the law and these Terms. The following are expressly prohibited:

• Forging, duplicating, altering, or manipulating stamps, redemptions, rewards, codes, NFC tags, wallet passes, or any other element of the loyalty system.
• Creating fake, duplicate, or automated accounts, impersonating another person or business, or enrolling fictitious customers.
• Attempting to breach, circumvent, or probe the Service's security measures, authentication, usage limits, or access controls.
• Accessing or attempting to access other users' or businesses' data without authorization.
• Decompiling, disassembling, reverse engineering, or otherwise attempting to derive the source code of the Service, except to the extent mandatory law permits.
• Extracting, harvesting, or reusing the Service's content, data, or structure on a bulk or automated basis, whether by crawler, bot, or any other means, or using them to train artificial intelligence systems.
• Using the Service to send unsolicited communications or content that is unlawful, misleading, offensive, defamatory, or infringing of third-party rights.
• Interfering with the operation of the Service, overloading it, or using it to develop or promote a competing product.
• Reselling, sublicensing, leasing, or making the Service available to third parties as if it were your own, without prior written authorization.

12.Changes to these Terms

We may amend these Terms at any time. We will publish the current version on this page with its update date.

Where an amendment is substantial and materially works against you, we will give at least thirty (30) days' notice by a reasonable means, which may be an in-app notice, a message in the Business portal, or an email to the address associated with your account. Amendments that do not disadvantage you, that respond to legal requirements or Store rules, and corrections of errors may take effect immediately.

If you do not accept the new version, your sole remedy is to stop using the Service and, where applicable, cancel the Subscription before its next renewal. Continuing to use the Service after an amended version takes effect constitutes your acceptance of it.

13.The customer service is free and revocable

Using Stampi as a Customer is free. You acquire no perpetual license, no vested right, and no legitimate expectation of continued availability.

Emov Studio may modify, limit, suspend, or discontinue the free customer service, in whole or as to particular features, at any time and with no obligation to compensate, giving reasonable notice where circumstances allow.

14.What stamps and rewards actually are

Stamps, card progress, and rewards are strictly symbolic promotional elements. They have no cash value; they are not currency, not a payment instrument, not a negotiable security, not a gift card, and not a prepaid balance; they earn no interest; and they constitute neither property nor a financial right of the Customer.

They are not transferable, not redeemable for money, and not combinable across businesses or accounts, and they cannot be sold, assigned, inherited, or pledged as security.

Stamps and rewards are not issued by Emov Studio. Emov Studio merely records, on the Business's behalf, the movements the Business or its Staff enter into the system.

15.Who owes you the reward

Each Business independently decides the reward it offers, how many stamps are required, the conditions of participation, any exclusions, the validity period, and how the reward is delivered. The Business alone is obliged to honor the reward it offers.

Emov Studio provides only the technology platform. It is not responsible for the existence, quality, suitability, safety, legality, or actual delivery of any product or service offered as a reward, nor for a Business refusing to deliver it, changing its conditions, closing, changing hands, or ceasing to use Stampi.

Any complaint about a reward must be directed to the Business concerned.

16.Losing stamps and cards

Your progress may be lost or become unavailable in a number of circumstances, among them: a Business ending, archiving, or retiring a card; changing the reward or the number of stamps required; closing, changing ownership, or ceasing to use Stampi; your account being suspended or deleted; or fraudulent or irregular use being detected.

There may also be temporary differences between what your phone shows and the server record — for example when there is no connection, when a sync fails, or when a wallet pass has not yet updated. The server record always prevails over anything shown on a device or pass.

Emov Studio offers no compensation, replacement, or refund for stamps, progress, or rewards that are lost, expired, not credited, or not redeemed, whatever the cause.

17.What the Business can see

So that they can serve you, Staff at the Business where you collect stamps can see your name, your email address, and your history of stamps, corrections, and redemptions at that Business. Your identity code encodes your email address.

A Business never sees your activity at other businesses. By using a Business's card you accept this visibility, which is inherent to how a loyalty program works.

18.Apple Wallet and Google Wallet passes

Where the feature is available, you can add your card to your phone's digital wallet. The pass updates automatically when you receive a stamp or redeem a reward, provided your device has a connection.

Use of those wallets is additionally governed by Apple's or Google's terms. Emov Studio is not responsible for the operation, availability, update delays, or behavior of those platforms, nor for the pass being visible to anyone with access to your device.

19.Messages and notifications

By using the Service you agree to receive operational messages essential to its functioning, as well as the announcements and promotions sent by the Businesses whose card you hold.

The content of a Business's messages is written and decided by that Business under its exclusive responsibility. Emov Studio does not review it in advance and does not adopt it as its own, notwithstanding the automated filters and rate limits we apply.

You can switch off promotional messages per Business in the app's preferences. Operational messages cannot be switched off while your account is active.

20.Reviews and feedback

If you leave a rating or comment through the Service, you confirm that it is truthful and reflects your genuine experience, and you grant us a free license to store it and display it to the Business concerned.

Where the Service directs you to an external platform to publish a review, whatever you write there is governed exclusively by that platform's terms.

21.Enrolling without the app

You can enroll in a Business's card from the web without downloading the app. In that case we create an internal identity for you linked to the details you provide and deliver a pass to your wallet.

The recovery link attached to that pass allows the card to be claimed from an app account. Keeping that link and that pass safe is your responsibility; whoever has access to them can claim the card. Emov Studio does not guarantee recovery of progress on a card whose pass or link has been lost.

22.Business account, authority, and Staff

By registering a Business you represent that you are acting in the course of a business or profession, that you hold whatever authorizations, licenses, and permits your activity requires, and that you have authority to bind the Business.

The Business is solely responsible for the people it grants Staff access to, for the permissions it assigns them, for withdrawing that access when appropriate, and for everything they do through the Service — including stamps, corrections, redemptions, and messages — whether or not authorized.

The Business is answerable to Emov Studio for its Staff's compliance with these Terms as if their acts were its own.

23.The Business's obligations to its customers

The Business undertakes to honor in full the rewards it offers, on the terms it itself publishes; to describe its card's conditions clearly and without misleading anyone; to comply with the consumer protection, advertising, promotions, and data protection rules that apply to it; and to handle its customers' complaints directly.

With respect to its customers' loyalty data, the Business acts as controller and Emov Studio as processor handling that data on its behalf and under its instructions. The Business must have a lawful basis for processing, inform its customers properly, and respond to the exercise of their rights.

The Business undertakes not to use data obtained through the Service for purposes unrelated to its own loyalty program, and under no circumstances to sell or transfer it to third parties.

24.Business Content and license

The Business retains ownership of Business Content. By uploading or publishing it through the Service, it grants Emov Studio a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, technically adapt, and display it to the extent necessary to provide and promote the Service, including on the Business's public pages, on wallet passes, and in the preview images generated for sharing on social media. This license survives for a reasonable period after termination, in backup copies and in already-published materials.

The Business represents and warrants that it holds all rights necessary over the Business Content and that it infringes no third-party rights and no applicable regulation.

We may, without being obliged to, remove or block any Business Content we consider, at our sole discretion, unlawful, misleading, offensive, infringing of third-party rights, or contrary to these Terms, and we may apply automated moderation filters.

25.Bulk messages and promotions

The Service lets a Business send announcements and promotions to the people holding its card. The Business is solely responsible for the content, accuracy, frequency, timing, and lawfulness of those messages, and for holding whatever authorizations commercial communications rules require.

Emov Studio applies automated filters and frequency limits according to the plan in force, and may change those limits, moderate, hold, delay, or block any send, and disable the feature for one Business or for the whole platform, at any time and at its sole discretion.

The existence of these controls transfers no responsibility to Emov Studio for the content sent and implies no prior review on our part.

26.Plans, usage limits, and measurement

Access to business features is organized into plans. Each plan carries a limit on active customers and, where applicable, limits on other features such as bulk message frequency or the number of shops managed.

The number of active customers is calculated using the metric Emov Studio defines from time to time, currently customers with activity in the last three hundred sixty-five (365) days. That metric, its time window, and its method of calculation may be changed under the following section. The measurement produced by our systems governs for all purposes.

When the contracted plan's limit is exceeded, a grace period opens — currently seven (7) days — during which the Service continues to operate normally. Once that period passes without the plan being adjusted, the Service may prevent the enrollment of new customers while continuing to operate for existing ones. The grace period does not reopen upon a further breach of the same limit.

A fall in the number of active customers does not automatically change, cancel, or reduce a contracted Subscription: it is for the Business to make the change or cancel it by the means set out in Part D.

27.Changes to plans, limits, and prices

Emov Studio reserves the right to establish, modify, reorganize, replace, or withdraw, at any time and at its sole discretion, the available plans, their prices, the limits on active customers and on any other feature, the metric and measurement window, the length of the grace period, the consequences of exceeding a limit, the length of trial periods, and the assignment of features to each plan.

Where a change materially and adversely affects a Business with an active Subscription, we will give at least thirty (30) days' notice by a reasonable means, and the Business may cancel the Subscription before it takes effect. Continuing to use the Service after that date constitutes acceptance of the change. That notice and that ability to cancel are the Business's sole remedy for such changes.

Emov Studio may, without being obliged to, keep existing Businesses on the limits or prices in force when they signed up. That practice is a revocable commercial courtesy, not a vested right, and creates no precedent and no legitimate expectation.

28.The free tier is a revocable courtesy

Where Emov Studio offers a free usage tier, it does so on a promotional and revocable basis. We may reduce its limits, restrict the features included, make it subject to further conditions, cap it by time or by number of customers, or withdraw it entirely, at any time and at our sole discretion.

Where withdrawing or reducing the free tier materially affects a Business using it, we will try to give at least thirty (30) days' notice. Free use never creates a vested right, a perpetual license, or any obligation to compensate.

29.Promotional access and special terms

We may grant free or extended access, discounts, longer trials, special terms, or additional features to particular Businesses, at our discretion and for as long as we see fit.

These grants are revocable at any time, are not transferable, create no rights for other Businesses, carry no obligation to grant them again, and do not alter the rest of these Terms unless expressly agreed in writing.

30.Suspension and termination of a Business account

Emov Studio may immediately suspend or terminate a Business's access, in whole or in part, in the event of non-payment; breach of these Terms by the Business or its Staff; reasonable suspicion of fraud, stamp manipulation, or abuse; use that endangers the security, stability, or reputation of the Service or of third parties; a demand from an authority or a Store; or where the law requires it.

Where circumstances allow we will give reasonable prior notice and, if the breach can be cured, a period in which to cure it. In cases of fraud, security risk, or legal demand, suspension may be immediate and without prior notice.

The Business may cancel at any time under Part D. Termination, whatever its cause, gives no right to a refund of amounts already paid, except to the extent mandatory law requires.

31.Business data after termination

After the relationship ends we will keep the Business's data for a reasonable period to allow recovery, meet legal obligations, and resolve any disputes, after which we may delete or anonymize it.

It is for the Business to extract and keep, by its own means, whatever information it needs before termination. Emov Studio does not guarantee the availability of export tools or the retention of data beyond what is stated, and is not liable for information lost after termination.

32.Suggestions and feedback

If you send us ideas, suggestions, comments, feature requests, or improvement proposals about the Service, you assign to us, free of charge, irrevocably and in perpetuity, all rights in them, and we may use, implement, exploit, and disclose them freely without payment, attribution, or any obligation of confidentiality.

33.General principle on payments

Every payment made to Emov Studio in connection with Stampi — whatever the method, currency, country, or person making it — entitles the payer solely to access the Service in its current version and under these Terms, on the basis described in Part A.

No payment method confers additional rights, exclusive features, guaranteed service levels, support priority, perpetual pricing, or terms different from those set out here, unless Emov Studio has expressly agreed otherwise in writing.

34.In-app purchases

Subscriptions taken out inside the app are purchased and charged through the Apple App Store or Google Play. In those transactions the Store acts as merchant of record: the Store charges, invoices, manages the payment method, and applies the applicable taxes.

Emov Studio does not receive, process, or store your card or payment details, does not issue the invoice for those transactions, and has no access to or control over the charge. The payment relationship is between you and the Store, on the Store's terms.

The applicable price is the one the Store displays in your country at the time of purchase, in the currency and with the taxes the Store determines.

35.No additional contract or signature is required

Taking out a Subscription through a Store forms a valid and binding agreement between you and Emov Studio, governed in full by these Terms. No signed contract, purchase order, master agreement, accepted quotation, or other document of any kind is required or will be issued.

Emov Studio is under no obligation to enter into individual contracts, service level agreements, non-disclosure agreements, or bespoke contractual documentation with any Business. Any such document is binding only if Emov Studio expressly signs it, and where there is a conflict it prevails over these Terms only as to what it expressly regulates.

The receipt issued by the Store, or the proof of payment in the case of direct payments, is sufficient evidence of the agreement.

36.Automatic renewal, trials, and cancellation

Subscriptions taken out in a Store renew automatically. They renew for successive periods equal to the one contracted and are charged under the Store's rules, unless cancelled before the deadline the Store sets, typically twenty-four (24) hours before the current period ends.

Where a free trial is offered, its length is the one stated at the time of purchase. If it is not cancelled before it expires, the Subscription automatically converts into a paid Subscription. The trial period may be changed for new purchases without affecting anyone already in one.

Cancellation is done solely from the account settings of the relevant Store. Uninstalling the app, deleting your Stampi account, or simply not using the Service does not cancel a Subscription and does not stop the charges. Cancellation takes effect at the end of the period already paid for, and access continues until then.

37.Refunds for Store purchases

Refunds for purchases made through a Store are governed exclusively by that Store's policies and are requested directly from it.

Emov Studio has neither the technical nor the contractual ability to grant, refuse, accelerate, reverse, or influence a refund handled by a Store. Anything we do in this area is a pure courtesy and implies no assumption of responsibility and no obligation to achieve a result.

If a Store grants a refund, Emov Studio may immediately revoke or suspend the access associated with the refunded purchase.

38.Direct payments outside the Stores

Emov Studio may accept payment by bank transfer, deposit, cash, or other agreed means outside the Stores. Such payments are fully subject to these Terms and confer exactly the same Service, in the same current version and with the same limitations, as those contracted inside the app.

Access acquired this way is granted for the period expressly agreed and lapses automatically at its end, with no need for notice or termination. Continued access is conditional on actually receiving payment for the following period; failure to pay entitles Emov Studio to suspend or terminate access without any liability.

Emov Studio accepting a direct payment does not create an exclusive relationship, a partnership, a franchise, an agency, or any agreement other than the one set out in these Terms, and does not oblige us to accept that same payment method in future.

39.Direct payments are final

Emov Studio commits the amounts it receives to reserving and sustaining service capacity for the contracted period from the moment of purchase. For that reason, and except to the extent that a mandatory consumer protection rule provides otherwise, payments made outside the Stores are firm and final: they are non-refundable, are not pro-rated on early cancellation, generate no credit in the payer's favor, and are unaffected by the Service going unused during the contracted period.

None of this diminishes our commitment to service. Where circumstances warrant it, and always at its sole discretion, Emov Studio may recognize a service credit applicable to future periods. Any such recognition is a strictly exceptional gesture of goodwill: it is not an admission of liability, sets no precedent, creates no vested right, and carries no obligation to repeat it on any other occasion.

A payment does not become refundable merely because the Business changes its mind, ceases trading, stops using the Service, or feels it did not achieve the results it hoped for.

40.Price changes

Emov Studio may change the prices of the Service at any time and at its sole discretion, and may set different prices by country, region, currency, sales channel, plan type, or promotional campaign.

Price changes will be communicated by a reasonable means at least thirty (30) days before they apply to an active Subscription. You may cancel before the new price takes effect; continuing the Subscription after that date constitutes your acceptance.

For Subscriptions taken out in a Store, a price increase will additionally follow whatever notice and consent mechanisms the Store itself imposes, which may involve keeping the previous price until you accept the new one or cancelling the Subscription automatically. Emov Studio does not control those mechanisms.

Promotional, launch, and discounted prices are temporary and, unless expressly stated, are not extended and do not apply to subsequent renewals.

41.Taxes, fees, and charges

Unless expressly stated otherwise, prices exclude taxes. Where payment is not made through a Store, the Business is responsible for all taxes, duties, tariffs, withholdings, and levies applicable to the transaction under the rules of its jurisdiction, and for filing whatever returns are required.

If a rule requires the Business to withhold any amount, the sum payable will be increased so that Emov Studio receives the full agreed amount.

Bank, transfer, currency exchange, and intermediary fees are borne by the payer.

42.Starter kit and other physical goods

Emov Studio may offer physical goods such as the counter stand, NFC tags, printed codes, or the ink stamp. Store policies prohibit selling these inside the app, so their purchase is agreed and paid for separately.

Ownership of and risk in the goods pass to the buyer on delivery or on being made available. Delivery times are estimates and are not of the essence. Images and descriptions are illustrative and may differ from the goods delivered in non-material respects.

Except as mandatory regulation requires, Emov Studio's only obligation in respect of a physical good with a manufacturing defect reported within seven (7) calendar days of delivery is to replace or substitute it, at our choice. Normal wear, misuse, handling damage, loss, and cosmetic deterioration are not covered.

Buying a physical good is independent of the Subscription: it does not include, extend, or guarantee one and confers no special terms, unless a specific offer expressly says so. Equally, cancelling a Subscription gives no right to return any physical good or recover its price.

43.Non-payment, chargebacks, and consequences

Non-payment, a rejected charge, a reversed transfer, or a chargeback entitles Emov Studio to suspend or terminate access to the Service immediately, without prior notice and without any liability.

Anyone who initiates an unjustified chargeback remains liable for the amounts owed and for the costs, fees, and penalties the transaction generates. Emov Studio reserves the right to pursue amounts owed by any lawful means and to condition reactivation of access on payment in full.

44.Intellectual property

The Service, its code, architecture, databases, interfaces, designs, text, images, the Stampi brand, the Emov Studio brand, and every element that makes them up are owned by Emov Studio or used under license, and are protected by intellectual property law.

Emov Studio grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved. These Terms transfer no ownership in the Service.

Business Content remains the property of its owner, as set out in Part C.

45.Aggregate data and product improvement

Emov Studio may generate, retain, and use without time limit statistical and aggregate information derived from use of the Service, provided it does not identify any individual or any particular Business, in order to operate, analyze, maintain, improve, and develop the Service and to produce market insight.

That information belongs to Emov Studio and its use requires no further authorization or payment.

46.No warranties

To the maximum extent permitted by applicable law, the Service is provided as is and as available, with all faults, and without warranty of any kind, whether express, implied, statutory, or arising from trade usage.

Emov Studio expressly disclaims all warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and conformity with a description or sample. In particular, and without limitation, it does not warrant that the Service will operate uninterrupted, on time, securely, or free of errors; that defects will be corrected; that the Service will be compatible with any particular device, operating system, NFC tag, reader, printer, or digital wallet; that notifications will be delivered, delivered on time, or delivered to every recipient; that wallet passes will update without delay; that the data, figures, dashboards, or metrics the Service displays will be accurate, complete, or suitable for decision-making; or that no information will be lost or altered.

No information or advice, oral or written, obtained from Emov Studio or through the Service creates any warranty not expressly set out in these Terms.

Where applicable law does not permit the exclusion of a warranty, that warranty is limited to the minimum mandatory scope and the shortest duration the law allows.

47.Limitation of liability

To the maximum extent permitted by applicable law, Emov Studio and its members, directors, employees, contractors, and suppliers will in no event be liable for indirect, incidental, special, punitive, exemplary, or consequential damages, nor for lost profits, lost revenue, lost customers, lost business opportunity, reputational harm, loss or corruption of data, cost of substitute services, or business interruption, regardless of the legal theory invoked and even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Emov Studio's total aggregate liability for any claim relating to the Service or these Terms will not exceed, in aggregate, the greater of: (i) the amount you actually paid to Emov Studio in the twelve (12) months preceding the event giving rise to the claim, or (ii) fifty United States dollars (USD 50.00). If you have made no payment to Emov Studio, that cap is fifty dollars (USD 50.00).

Emov Studio is in no event liable for the acts or omissions of Businesses or their customers, for the non-delivery of a reward, for the content of the messages a Business sends, for the conduct of third parties on the platform, or for matters attributable to the providers and platforms described in Part A.

These limitations apply even if a remedy set out in these Terms fails of its essential purpose, form an essential part of the economic bargain between the parties, and survive termination. Where applicable law does not permit one of these exclusions or limitations, it applies to the fullest extent the law allows.

48.Indemnity

You agree to defend, indemnify, and hold harmless Emov Studio and its members, directors, employees, and contractors against any claim, demand, proceeding, penalty, loss, damage, liability, cost, and expense, including reasonable legal fees, arising out of: your use of the Service; breach of these Terms by you or your Staff; Business Content and the messages you send; the rewards you offer, change, or fail to deliver; your relationship with your customers; personal data processing you carry out; or infringement of third-party rights or applicable regulation.

Emov Studio will notify you of the claim and may, at its option, assume its conduct and defense, in which case you will cooperate reasonably. You may not settle any claim that imposes obligations on Emov Studio without its prior written consent.

49.Force majeure

Emov Studio is not liable for failure or delay in performing its obligations where it results from causes beyond its reasonable control, such as natural disasters, extreme weather, fire, epidemic, armed conflict, civil unrest, acts of authority, regulatory change, strikes, power, telecommunications, or internet failures or outages, cyberattacks, or failures, policy changes, or suspensions attributable to providers, platforms, or Stores.

50.Dispute resolution

Before starting any legal action, the party that believes a dispute has arisen in relation to the Service or these Terms must notify the other in writing, describing the facts, the basis of its claim, and the resolution it seeks. Notice to Emov Studio is sent to [email protected].

The parties will have thirty (30) calendar days from receipt of that notice to resolve the dispute in good faith. Each subsequent communication in that process opens a further thirty (30) calendar days to respond, and silence may not be construed as acquiescence, admission, or waiver.

Completing this pre-action procedure is a mandatory condition of going to court. None of this prevents either party from seeking urgent interim relief from the competent court to protect its intellectual property, its confidential information, or the security of the Service.

To the extent permitted by applicable law, each party waives the right to bring or take part in class, collective, or representative actions, and disputes will be resolved solely on an individual basis.

51.Time limit for claims

To the maximum extent permitted by applicable law, any claim arising from the Service or these Terms must be brought within one (1) year of the date of the event giving rise to it. After that period the claim is permanently barred.

52.Governing law and jurisdiction

These Terms and any dispute arising from them or from the Service are governed by the laws of the State of [STATE], United States of America, excluding its conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

The parties submit to the exclusive jurisdiction of the competent state and federal courts of the State of [STATE], United States of America, and waive any objection to venue or forum non conveniens.

None of this affects rights granted to a Customer by mandatory consumer protection law in their country of habitual residence, of which they cannot be deprived by agreement.

53.Assignment and succession

You may not assign or transfer these Terms, or the rights and obligations arising from them, without Emov Studio's prior written consent. Any assignment in breach of this is void.

Emov Studio may freely assign or transfer these Terms, in whole or in part, to any affiliate, successor, or related company, and in connection with a reorganization, the formation of a new entity, a merger, an acquisition, or a transfer of assets. In particular, you agree that Emov Studio may transfer these Terms and the relationship arising from them to the entity that in future assumes ownership and operation of Stampi, which will be substituted into all rights and obligations set out here without any need for fresh consent or novation.

54.Rules of interpretation

These Terms are to be interpreted according to their plain meaning and the parties' common intention. The parties expressly agree that no rule of construction requiring ambiguities to be resolved against the drafter applies, and that authorship of the text confers no interpretive advantage on either party.

Headings are for guidance only and do not affect interpretation. "Including", "such as", and equivalents are to be read without limitation. The singular includes the plural and vice versa.

These Terms are published in Spanish and in English. Both versions have equal standing; in the event of a discrepancy, the version in the language in which you accepted the Terms prevails.

55.Final provisions

These Terms, together with the Privacy Policy and any specific terms Emov Studio expressly agrees in writing, constitute the entire agreement between the parties on the subject matter covered and supersede any prior agreement, proposal, quotation, communication, or understanding, whether oral or written.

If any provision is held invalid, unlawful, or unenforceable, it will be construed and applied to the greatest extent permitted so as to preserve its purpose, and the remaining provisions will remain in full force.

Emov Studio's forbearance or failure to exercise a right on any occasion is not a waiver of the right to exercise it later, and no waiver is effective unless it is in writing.

These Terms create no partnership, association, joint venture, employment relationship, franchise, or agency between the parties, and confer no rights on third parties, except as set out in Annex I.

Provisions that by their nature should survive termination will do so, including those on intellectual property, feedback, absence of warranties, limitation of liability, indemnity, dispute resolution, governing law, and interpretation.

56.Communications and notices

You agree to receive contractual and legal communications by electronic means, including in-app notices and emails sent to the address associated with your account, and you accept that these satisfy any legal requirement of writing.

Keeping that address current is your responsibility. Notices are deemed received on the day they are sent or published. Notices to Emov Studio are sent to [email protected].

57.Terms required by Apple

The following terms apply to the Stampi app downloaded from the Apple App Store and prevail over anything to the contrary in these Terms solely as regards that download:

• These Terms are concluded between you and Emov Studio only, and not with Apple. Emov Studio, not Apple, is solely responsible for the app and its content.
• The license granted is a limited, non-transferable license to use the app on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, including use through Family Sharing or volume purchasing.
• Emov Studio is solely responsible for providing any maintenance and support services. Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the app.
• In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app, if any. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are Emov Studio's sole responsibility.
• Emov Studio, not Apple, is responsible for addressing any claim by you or any third party relating to the app or your possession and use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or privacy law.
• In the event of any third-party claim that the app or your possession and use of it infringes intellectual property rights, Emov Studio, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
• You represent and warrant that you are not located in a country subject to a United States Government embargo or designated by it as a terrorist-supporting country, and that you are not listed on any United States Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms of agreement when using the app, including those of your telecommunications provider.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.
• Emov Studio's contact details for any question, complaint, or support request relating to the app are: [LEGAL ENTITY NAME], [MAILING ADDRESS], [email protected].

58.Terms relating to Google Play

The app downloaded from Google Play is additionally governed by the Google Play Terms of Service and the policies applicable to users of that platform.

Google is not a party to these Terms, is not responsible for the app or its content, and provides no support for it. Subscriptions purchased through Google Play billing are charged, managed, and refunded under Google's policies, as described in Part D.

Any question, complaint, or support request relating to the app should be directed to Emov Studio at [email protected].