Terms and Conditions

1.These terms

These Terms and Conditions govern your use of the Donaraz platform, operated by Athom, a company registered in the Netherlands. By creating an account, subscribing to a plan or otherwise using the platform, you agree to them.

If you have signed a separate written agreement with us, that agreement prevails over these terms where the two conflict. Our data processing agreement governs personal data we process on your behalf and prevails over these terms on that subject.

2.Definitions

• “Platform” means the Donaraz web application, dashboard, API and the claim pages we host on your behalf
• “Workspace” means the account environment belonging to a single business, including its users, promotions and data
• “You” means the business entering into these terms and the users acting on its behalf
• “Promotion” means a gift, cashback or reward campaign you create and publish through the Platform
• “Claim” means a submission by an end customer requesting a reward under a Promotion
• “Claimant” means the end customer who submits a Claim

3.Eligibility and your account

4.Subscriptions, billing and plan limits

• Access to the Platform requires an active subscription on one of our published plans
• Subscriptions are billed in advance through Stripe or Mollie and renew automatically until cancelled
• Prices are exclusive of VAT and other applicable taxes unless stated otherwise
• Plan limits — concurrent live promotions, users, countries and claims per promotion — apply as published for your tier; exceeding them may require an upgrade
• You may cancel or downgrade at any time from your account settings; the change takes effect at the end of the current billing period and we do not refund the remainder of a paid period unless the law requires it
• If a payment fails we may suspend access after notifying you and giving you a reasonable opportunity to update your payment method
• We may change prices for a renewal term with at least 30 days’ notice before that term begins

5.Your promotion, your responsibility

Donaraz gives you the tooling to run a promotion. You remain the promoter, and you are responsible for the promotion itself:

• Writing lawful, complete and accurate promotion terms, and making them available to claimants
• Complying with advertising, consumer protection, prize promotion, gambling and tax law in every country you run the promotion in
• Any tax, duty or reporting obligation arising from the rewards you give out
• Honouring valid claims and funding the rewards you promised
• Acting as the data controller for claim data, publishing your own privacy policy on your claim pages, and having a lawful basis for the data you ask claimants for
• The accuracy of the products, serial number ranges, eligibility rules and reward configurations you upload

We do not review your promotion for legal compliance, and publishing a promotion on the Platform is not our endorsement of it.

6.Claims, verification and rewards

The Platform validates serial numbers and proof of purchase against the rules and data you provide, flags duplicates, and applies bot protection. These checks reduce fraud but cannot eliminate it, and we do not warrant that every invalid claim will be caught or that every valid claim will pass automatically.

You make the final decision to approve or reject each claim. Disputes with claimants about eligibility, rewards or promotion terms are between you and the claimant.

7.Shipping and fulfilment

Donaraz is not a shipping carrier. You connect your own carrier accounts (DHL eCommerce, PostNL, GLS, DPD, UPS, FedEx) and remain the contracting party with those carriers. You are responsible for shipping costs, packaging, customs formalities, duties and the goods themselves.

We are not liable for carrier delays, misrouted or lost parcels, damaged goods, or changes a carrier makes to its API, rates or service levels.

8.Acceptable use

You agree to use the Platform lawfully. You must not:

• Run promotions for illegal products or services, or promotions that are themselves unlawful in the country they target
• Upload unlawful, infringing, deceptive or malicious content
• Submit or encourage false, duplicate or fraudulent claims, or manipulate serial number validation
• Attempt to access another workspace’s data, probe or bypass our security controls, or test the Platform without written permission
• Scrape the Platform, or use it to send unsolicited bulk email
• Resell, sublicense or provide the Platform to third parties except as an agency acting for a named client workspace
• Interfere with the Platform’s operation or place an unreasonable load on it

9.Your content

You keep ownership of everything you upload: logos, product images, promotion terms, product data and claim records. You grant Athom a worldwide, non-exclusive, royalty-free licence to host, reproduce, adapt for display and transmit that content solely to operate the Platform for you and to fulfil the promotions you run on it. The licence ends when the content is deleted, subject to backup cycles.

You confirm you have the rights to everything you upload and that using it on the Platform does not infringe anyone’s rights.

We do not use your content or your claim data to train machine learning or AI models.

10.Data protection

For claim data you are the data controller and Athom is the processor. Our data processing agreement forms part of these terms, sets out our security measures and lists our sub-processors, and we process claim data only on your documented instructions. For your account, billing and usage data, Athom is the controller and our Privacy Policy applies.

You must inform claimants how their data is used, obtain any consent your promotion requires, and pass on requests from claimants that we need to act on.

11.Third-party services and integrations

The Platform integrates with third parties including carriers, payment providers, email delivery and analytics. Those services are governed by their own terms, and we are not responsible for their availability, pricing or acts. Where you connect your own credentials or API keys, you are responsible for keeping them valid and for the costs the third party charges you.

12.Intellectual property

The Platform, its software, design, documentation and the Donaraz name and logo belong to Athom or its licensors. These terms grant you a limited, non-exclusive, non-transferable right to use the Platform during your subscription, and nothing more. You may not copy, modify, distribute, or reverse-engineer any part of the Platform except to the extent the law expressly permits.

If you send us feedback or suggestions, we may use them freely and without obligation to you.

13.Availability and changes to the service

We aim for high availability but do not promise the Platform will be uninterrupted or error-free. We carry out planned maintenance, and we will give reasonable notice for maintenance likely to cause noticeable downtime.

We continue to develop the Platform and may add, change or remove features. Where a change materially reduces functionality you rely on, we will give reasonable notice in advance.

14.Disclaimer of warranties

To the extent permitted by law, the Platform is provided “as is” and “as available”. We disclaim all implied warranties, including fitness for a particular purpose, merchantability and non-infringement. We do not warrant that the Platform will meet your requirements, that fraud detection will identify every invalid claim, or that any specific commercial result will follow from a promotion.

15.Limitation of liability

To the maximum extent permitted by law, Athom is not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of goodwill, or loss or corruption of data caused by anything other than our failure to meet the security obligations in these terms.

Our total aggregate liability arising out of or relating to these terms is limited to the greater of the fees you paid us in the 12 months before the event giving rise to the claim, or €100.

Nothing in these terms excludes liability for fraud, wilful misconduct, gross negligence, death or personal injury, or any other liability that cannot be excluded under Dutch law.

16.Indemnification

You will indemnify Athom against third-party claims, damages and reasonable costs arising from your promotions, your content, your breach of these terms or of applicable law, including claims brought by claimants or by a supervisory authority in relation to a promotion you ran.

17.Term, suspension and termination

These terms apply for as long as you hold an account. You may terminate by cancelling your subscription and closing your account.

We may suspend or terminate access if you materially breach these terms, if your use threatens the security or integrity of the Platform, or if we are required to by law. Except where an immediate suspension is necessary, we will tell you first and give you a reasonable opportunity to fix the problem.

On termination your access ends and live promotions stop accepting claims. You can export your data before closing your account, and for 30 days afterwards on request; after that we delete it in line with the retention periods in our Privacy Policy, except where the law requires us to keep it.

18.Changes to these terms

We may amend these terms. For material changes we give at least 14 days’ notice by email or through a notice in the dashboard. If you do not accept a change, you may terminate before it takes effect; continuing to use the Platform afterwards means you accept the amended terms.

19.Governing law and disputes

Dutch law governs these terms. Disputes will be submitted to the competent court in Rotterdam, the Netherlands, unless a mandatory rule assigns jurisdiction elsewhere. Before starting proceedings, both parties will make a genuine attempt to resolve the dispute by talking to each other first.

20.Contact

For questions about these terms, contact [email protected]. For help with the product, contact [email protected].