Terms and Conditions

1. Parties and acceptance

These Terms and Conditions govern your use of the Puncheo platform, owned and operated by Thalamus Spain SL (hereinafter "we" or "the company"), tax ID (NIF) B87752986, registered address Av. Juan Antonio Samaranch 121, 28055 Madrid (Spain). Contact: support@puncheo.com.

By registering on Puncheo and using the platform, you expressly accept these Terms and Conditions and our Privacy Policy. If you do not agree, do not use the service.

2. The service

Puncheo is a digital loyalty stamp card platform. It allows businesses (Retailers) to create and manage digital stamp promotions, and customers (Consumers) to collect stamps across multiple businesses and redeem the rewards that each business offers.

Puncheo acts solely as an intermediary technology platform. The reward offered in each campaign is the exclusive responsibility of the Retailer that creates it.

3. User accounts

• You must be at least 18 years old to register.
• You are responsible for keeping your password confidential and for all activities that occur under your account.
• You must provide accurate and up-to-date information during registration.
• Puncheo reserves the right to suspend or terminate accounts that violate these terms.

4. Retailer responsibilities

Retailers using Puncheo agree to:

• Honour the rewards and benefits published in their stamp campaigns.
• Not create misleading or fraudulent campaigns.
• Treat Consumers with respect and in accordance with applicable law.
• Not use Consumer data outside the Puncheo platform.
• Comply with all applicable tax and legal obligations relating to their commercial activity.

Puncheo is not responsible for a Retailer's failure to honour promised rewards. Disputes between Consumers and Retailers must be resolved directly between the parties.

5. Consumer responsibilities

Consumers agree to:

• Not perform fraudulent stamp operations or attempt to manipulate the system.
• Provide a valid and genuine phone number.
• Not share their account with third parties.

6. Personal data

Puncheo is the sole data controller for personal data collected through the platform. Retailers access Consumer data exclusively through Puncheo and solely for the management of their stamp promotions.

The Retailer does not determine the purposes or means of processing Consumer personal data: it only selects, from the options the platform makes available, the parameters of its own stamp promotion (for example, the number of stamps or the reward). For that reason, and without prejudice to the Retailer's own obligations under clause 4, it is Puncheo — not the Retailer — that holds the status of data controller.

The processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms.

7. Intellectual property

All rights to the Puncheo platform, including its code, design, brand and content, are owned by Puncheo. Reproduction in whole or in part without explicit written authorisation is prohibited.

8. Limitation of liability

Puncheo does not guarantee uninterrupted availability of the service. In no event shall Puncheo be liable for indirect damages, loss of profits or data loss arising from use of the platform, except where applicable law does not permit such limitation.

Puncheo's total liability to a user shall in no event exceed the amounts paid by that user to Puncheo in the twelve months prior to the event giving rise to the claim.

9. Subscription plans and pricing

Puncheo offers a free plan and several paid plans with different limits and features. Current prices are available on the subscription page within the platform.

Puncheo reserves the right to modify the prices of its subscription plans at any time. In the event of any price change, Puncheo will notify users at least 30 days in advance by email or in-platform notice.

Price changes will take effect at the start of the next billing period following the notice. The price in effect at the time of renewal is the applicable price. If you do not wish to accept the new price, you may cancel your subscription before your current period ends and retain access to the plan until its expiry date.

Continued use of the platform after a price change comes into effect constitutes acceptance of the new price. Past prices do not entitle users to maintain that rate in future billing periods. Puncheo may also offer promotional prices or temporary discounts, which do not constitute a permanent modification of the plan price.

Puncheo is not responsible for consequences arising from price changes by third-party services integrated into the platform (for example, payment processors), which are governed by their own terms.

10. Modification and termination

Puncheo may modify these Terms at any time. Material changes will be communicated with at least 15 days' prior notice. Continued use of the platform constitutes acceptance of the new terms.

You may cancel your account at any time by contacting support@puncheo.com.

11. Governing law and jurisdiction

These Terms are governed by Spanish law. For any dispute arising out of or relating to these Terms, the parties submit to the courts of the city of Madrid (Spain).

Notwithstanding the foregoing, where the user is a consumer, the competent court shall be that of the user's place of residence, and the mandatory consumer protection provisions of the user's country of residence shall apply; such provisions are not excluded by this clause.

In particular, where the consumer resides in Argentina, Ecuador or Mexico, this clause does not exclude or limit the application of Argentina's Ley N.º 24.240 (Consumer Defense Law), Ecuador's consumer-protection legislation, or Mexico's Ley Federal de Protección al Consumidor, as applicable, nor the jurisdiction of the courts of the consumer's country of residence where such legislation so requires.