Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant," "you," or "your") and Restilla, operated by Bandiago ("Company," "we," "us," or "our") governing your access to and use of the Restilla platform.

BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

1. Definitions

• "Customer" or "End-User" means any individual who receives, uses, or interacts with a digital loyalty card issued by a Merchant through the Service.
• "Customer Data" means any information about Customers collected through the Service.
• "Digital Pass" means a QR-based digital loyalty card created and accessible through the Service via web browser.
• "Loyalty Points" means any points, stamps, credits, or similar units tracked through the Service.
• "Redemption Policy" means the terms established by a Merchant governing how Loyalty Points may be redeemed.

2. Nature of Service and Liability

2.1 Merchant Sole Responsibility

Redemption policies, rewards, point values, and any value assigned to Loyalty Points or completed cards are the sole responsibility of the Merchant. Restilla:

• Does NOT determine, control, or influence how Merchants structure their loyalty programs
• Does NOT guarantee any minimum value, redemption rights, or benefits associated with Loyalty Points
• Is NOT responsible for how Merchants redeem, honor, modify, or terminate their programs
• Is NOT liable for any disputes between Merchants and their Customers
• Is NOT a party to any agreement between Merchants and their Customers

2.2 No Monetary Value

The Service shall NOT be used to:

• Exchange, convert, or redeem Loyalty Points for money, cash, cryptocurrency, or any financial instrument
• Create programs where points represent or can be converted to monetary value
• Operate any scheme that functions as a payment system, stored value facility, or electronic money
• Facilitate any form of monetary exchange through the loyalty point system

3. Eligibility and Registration

To use the Service, you must:

• Be at least 18 years of age
• Operate a legitimate, lawfully registered business
• Have the legal authority to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Operate in compliance with all applicable laws in your jurisdiction

You are solely responsible for safeguarding your password and all activities that occur under your account.

4. Merchant Responsibilities

You, as the Merchant, are solely and fully responsible for:

• The design, terms, and operation of your loyalty program
• All Redemption Policies and how you honor or modify them
• All communications and relationships with your Customers
• Ensuring your loyalty program complies with all applicable laws
• Any promises, representations, or commitments made to your Customers
• Any disputes, complaints, or claims from your Customers
• Obtaining all necessary consents from Customers

5. Prohibited Uses

You shall NOT use the Service for:

• Any illegal activities or financial crimes
• Exchanging Loyalty Points for cash, money, or monetary equivalents
• Creating secondary markets for Loyalty Points
• Fraud, deception, or misrepresentation
• Adult content, gambling, or illegal substances
• Multi-level marketing or pyramid schemes
• Selling or sharing Customer Data without proper consent
• Any goods or services illegal in your jurisdiction or in the Netherlands

Violation may result in immediate account termination without notice, forfeiture of fees paid, and legal action.

6. End-User (Customer) Disclaimers

6.1 No Guarantees on Points

RESTILLA PROVIDES NO GUARANTEES, WARRANTIES, OR ASSURANCES WHATSOEVER REGARDING:

• The accumulation, retention, or availability of Loyalty Points
• The value, redemption, or honoring of Loyalty Points or completed cards
• The continuation of any Merchant's loyalty program
• The accuracy of point balances or transaction records
• Access to or functionality of Digital Passes

6.2 Points May Be Lost at Any Time

YOU ACKNOWLEDGE AND ACCEPT THAT LOYALTY POINTS AND DIGITAL PASSES MAY BE LOST, REDUCED, EXPIRED, OR BECOME UNAVAILABLE AT ANY TIME, WITHOUT NOTICE, DUE TO:

• Technical issues, system failures, or software errors
• The Merchant's decision to modify, suspend, or terminate their loyalty program
• The Merchant's business closure, bankruptcy, or discontinuation of services
• Data loss, corruption, or synchronization issues
• Changes to third-party platforms, browsers, or devices
• Restilla's termination or suspension of the Merchant's account
• Restilla's modification or discontinuation of the Service
• Any other technical, business, or operational reason

6.3 Restilla's Disclaimer to End-Users

RESTILLA IS NOT LIABLE TO END-USERS FOR:

• Any loss of Loyalty Points, regardless of the cause
• Any failure by Merchants to honor points, rewards, or redemption promises
• Any changes to Merchant loyalty programs
• Any disputes between you and any Merchant
• Any direct, indirect, incidental, consequential, or punitive damages
• Any compensation, refund, or reimbursement for lost points

6.4 Assumption of Risk

BY COLLECTING LOYALTY POINTS THROUGH THE SERVICE, END-USERS:

• Assume all risk associated with point collection and redemption
• Acknowledge that points have no guaranteed or inherent value
• Understand that their sole recourse for any issues is with the Merchant directly
• Waive any and all claims against Restilla related to the loyalty program

7. Fees and Payment

You agree to pay all applicable fees according to your selected pricing plan. Fees are non-refundable except for annual subscriptions cancelled within the first 30 days (pro-rata refund available). No refunds for accounts terminated for Terms violations.

8. Termination

You may terminate your account at any time. We may terminate or suspend your account immediately and without notice for violation of these Terms or if required by law. Upon termination, all Loyalty Points and Digital Passes become void.

9. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We do not warrant that the Service will be uninterrupted, secure, or error-free. We are not responsible for any third-party platform, browser, or device availability or service disruptions.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• We are not liable for any loss of profits, revenue, data, or business opportunities
• We are not liable for any losses arising from the actions or omissions of Merchants
• Our total aggregate liability shall not exceed the lesser of: (i) the fees you paid in the 12 months before the claim, or (ii) €100

10. Indemnification

You agree to indemnify, defend, and hold harmless Restilla from any and all claims, damages, losses, liabilities, costs, and expenses arising from:

• Your use of the Service
• Your violation of these Terms or any applicable law
• Any claims from your Customers, including claims related to Loyalty Points or redemptions
• Your loyalty program and Redemption Policies
• Any dispute between you and your Customers

11. Dispute Resolution and Governing Law

Before initiating formal legal proceedings, you agree to contact us at contact@restilla.com to attempt informal resolution.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Any claim must be filed within one (1) year after such claim arose, or it shall be forever barred.

12. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement.
• Severability: If any provision is unenforceable, the remaining provisions remain in effect.
• Waiver: Our failure to enforce any right does not waive that right.
• Assignment: You may not assign these Terms without our prior written consent.
• Force Majeure: We are not liable for failures due to circumstances beyond our reasonable control.

13. Contact Information

Restilla
Operated by Bandiago
Registered in: Netherlands

Legal Inquiries: contact@restilla.com
Support: contact@restilla.com