Terms of Service.

1. Agreement to these terms

By creating an account, signing in, or otherwise using the Curzan Loyalty service, you agree to these Terms of Service. If you do not agree, please do not use the service. If you are using the service on behalf of a business (a “merchant”), you confirm that you have authority to bind that business to these terms.

2. Who we are

The service is provided by Curzan Solutions Inc., a corporation based in Ontario, Canada. In these terms, “Curzan,” “we,” “us,” and “our” mean Curzan Solutions Inc.

For legal notices, write to legal@curzanloyalty.ca.

3. The service

Curzan Loyalty is a multi-tenant, white-label loyalty platform. Two kinds of people use it:

• Members. Customers who join a participating merchant’s loyalty program through the member web app or mobile app.
• Merchants (tenants). Businesses that subscribe to Curzan to run a loyalty program for their customers.

Sections 4 below apply to members. Sections 5 below apply to merchants. Sections 6 onward apply to both.

4. Terms for members

4.1 No cost to you

Joining and using a Curzan-powered loyalty program is free. Members never pay Curzan. The merchant pays for the platform; you participate in their program at no charge.

4.2 Points have no cash value

Loyalty points are not currency. They have no cash value, cannot be redeemed for cash, cannot be transferred to another member, and are not your property in any legal sense. They are a record of activity in the merchant’s program and are redeemable only for the rewards that merchant offers, on the terms that merchant sets.

4.3 Program rules belong to the merchant

The merchant decides earn rates, tier thresholds, rewards available, expiry policies, and how disputes about specific transactions are resolved. We provide the software; the merchant runs the program. If you have a question about a missing point earn, a redemption that didn’t work, or a reward you’d like to see, contact the merchant first.

4.4 Your account

• You may have one account per email address.
• You are responsible for keeping your sign-in email secure. We will never ask you for your password (we don’t use them — we sign you in with magic links).
• You can delete your account at any time from Settings → Delete account in the member app. See our account deletion page for the full procedure.

4.5 Communications

Operational and transactional messages (welcome, points earned, tier change, redemption confirmation, account security) are part of running the service and are not optional while your account is active. Marketing communications (email, push, SMS, WhatsApp) are opt-in only and you can withdraw consent for any channel at any time.

5. Terms for merchants

5.1 Subscription tiers and pricing

Subscriptions are sold in three tiers. Prices are in Canadian dollars (CAD) and exclude applicable taxes.

POS integration add-ons attach to any tier and are billed in addition to the base subscription:

The Enterprise tier waives the setup fee for one integration of the merchant’s choice. Additional integrations are billed at the standard rate.

5.2 Billing and auto-renewal

• Monthly subscriptions renew each calendar month; annual subscriptions renew each year on the same date.
• Setup fees are billed once, on the first invoice for the relevant tier or integration.
• Subscriptions auto-renew on the same payment method until cancelled.
• Payments are processed by Stripe. Merchants are responsible for keeping a valid payment method on file.

5.3 Cancellation and refunds

• Merchants can cancel at any time from their admin dashboard, which links to the Stripe billing portal.
• Cancellations take effect at the end of the current billing period. We do not refund partial months for monthly subscriptions.
• Annual subscriptions cancelled mid-term are refunded on a pro-rated basis for the remaining unused months, less a 10% administrative fee.
• Setup fees and POS integration setup fees are non-refundable once integration work has begun.

5.4 Changing tiers

Merchants can upgrade or downgrade at any time. Upgrades take effect immediately and we charge the prorated difference plus the difference between setup fees (e.g., Essentials → Signature is $2,500 − $500 = $2,000). Downgrades take effect at the next renewal; setup-fee differences are not refunded.

5.5 Tier scope and platform footer

• Essentials. Single location, single brand. A “Powered by Curzan Loyalty” attribution appears in the member-app footer. Toast, Clover, and Lightspeed integrations are not available on this tier.
• Signature. Single brand, up to three locations. Powered-by footer is removed. All POS integrations are available as add-ons.
• Enterprise. Multi-brand or four-plus locations. Custom domain support. One integration setup fee waived.

5.6 Data ownership

• Merchants own their member data. The roster of a merchant’s members and their loyalty activity belongs to that merchant. On cancellation, a merchant can request a full data export within 60 days.
• Curzan owns the platform. The software, the database schema, the analytics models, and any aggregated cross-merchant metrics produced solely from anonymized usage data belong to Curzan.
• Members own their personal information. See the Privacy Policy for their rights.

6. Acceptable use

You agree not to use the service to:

• Defraud the program (manufacturing earn events, farming sign-up bonuses, creating fake accounts, or otherwise gaming the points system).
• Send unsolicited bulk messages to members. Marketing channels are opt-in; you must respect every opt-out.
• Scrape, copy, or systematically extract data from the platform beyond your own merchant data.
• Reverse-engineer, decompile, or attempt to derive the source code of the platform.
• Interfere with the service’s normal operation (load tests without notice, denial-of-service traffic, exploitation of vulnerabilities).
• Use the service to violate any applicable law, including Canadian anti-spam (CASL), privacy (PIPEDA, Law 25), or consumer-protection law.

We may suspend or terminate accounts that violate these rules. Section 11 describes the termination process.

7. Intellectual property

Curzan and its licensors own all intellectual property in the service, including software, designs, trademarks, documentation, and the Curzan Loyalty name. Nothing in these terms transfers any of that to you.

Merchants retain ownership of their brand assets (logos, colour palettes, copy) provided to Curzan for use in their loyalty program, and grant Curzan a non-exclusive licence to use those assets solely to operate the merchant’s program on the platform.

8. Disclaimers

The service is provided “as is” and “as available.” To the fullest extent permitted by law, Curzan disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from a course of dealing or trade practice.

We do not warrant that the service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the service is free of viruses or other harmful components.

9. Limitation of liability

To the maximum extent permitted by applicable law:

• In no event will Curzan be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if we have been advised of the possibility of such damages.
• Curzan’s aggregate liability for any claim arising out of or relating to the service is limited to the fees the merchant paid to Curzan in the twelve months immediately preceding the event giving rise to the claim. For members (who pay nothing), this aggregate liability is limited to $100 CAD.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

• Merchants indemnify Curzan against third-party claims arising out of (a) the merchant’s misuse of member data or breach of applicable privacy or anti-spam law, (b) the merchant’s loyalty program rules, promotions, or reward fulfillment, and (c) the merchant’s violation of these terms.
• Curzan indemnifies merchants against third-party claims that the platform itself (excluding merchant-supplied content) infringes the intellectual property rights of a third party, provided the merchant promptly notifies us and gives us control of the defence.

11. Suspension and termination

• By a merchant. Cancel any time per Section 5.3.
• By a member. Delete your account any time per Section 4.4.
• By Curzan with notice. We may terminate a merchant subscription on 30 days’ written notice for any reason. We’ll refund prepaid fees for any unused portion of the term, less amounts owing.
• By Curzan immediately if you materially breach these terms (including acceptable use violations), if required by law, or if continued operation would expose us or another customer to significant risk.

On termination, your access to the service ends. Data export windows, data retention for tax purposes, and member-data preservation are described in our Privacy Policy.

12. Governing law and disputes

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts-of-law rules. The parties consent to the exclusive jurisdiction of the courts of the City of Toronto, Ontario, for any dispute arising out of or related to these terms or the service, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Before commencing any formal proceeding, the parties agree to attempt in good faith to resolve the dispute by negotiation for at least 30 days.

13. Changes to these terms

We may update these terms as the service evolves. Non-material changes take effect when posted. Material changes take effect 30 days after we notify you by email or in-app banner. If a merchant objects to a material change, the merchant may cancel without penalty before the change takes effect; continued use after the effective date constitutes acceptance.

14. Miscellaneous

• Entire agreement. These terms, the Privacy Policy, and any order form or written amendment we sign together form the entire agreement between you and Curzan.
• Severability. If any provision is found unenforceable, the rest stays in effect.
• No waiver. Failure to enforce a right isn’t a waiver of it.
• Assignment. You may not assign these terms without our written consent; we may assign them to a successor in connection with a merger, acquisition, or sale of substantially all our assets.
• Force majeure. Neither party is liable for delays caused by events outside its reasonable control.

15. Contact

For questions about these terms, write to legal@curzanloyalty.ca. For privacy-specific questions, see our Privacy Policy and write to privacy@curzanloyalty.ca.

See also our Privacy Policy and our account deletion page.