1. Acceptance of Terms
By accessing or using the OTONUM platform ("OTONUM", "we", "our", or "us"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree, do not use the Services.
These Terms apply to all registered business users ("Partners") who use our services to create, manage, and analyze loyalty programs through the OTONUM platform, including web interfaces, mobile apps, APIs, and any related features or integrations.
2. Eligibility
You must be at least 18 years old or the legal age of majority in your jurisdiction to register and use OTONUM. If you are registering on behalf of a company or entity, you represent that you have the authority to bind that organization.
3. Your Account
You agree to provide accurate and complete information when registering. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use or security breach.
4. Use of Services
You may use OTONUM solely for lawful business purposes related to customer loyalty, promotions, and marketing. You agree not to misuse the platform or use it for fraudulent, illegal, or abusive purposes. Misuse includes, but is not limited to, sending spam, manipulating customer data, or violating our Acceptable Use Policy.
5. Plans, Add-Ons & Billing
You must subscribe to a paid plan to access most platform features. Fees are billed in advance. You can upgrade, downgrade, or cancel at any time in your dashboard. Additional terms are available in our Subscription & Billing Policy.
6. Ownership & Intellectual Property
We own all intellectual property rights related to OTONUM. You may not reproduce, modify, reverse-engineer, or resell any part of the platform. All content you input, or upload remains your property, but you grant us a license to process and display it as needed to deliver the services.
7. Partner Obligations
- Obtaining proper consent from your end-customers
- Complying with all applicable data privacy laws
- Defining the rules and mechanics of your loyalty campaigns
- Managing the integrity of transactions and reward redemptions
8. Termination
You may terminate your subscription at any time. We reserve the right to suspend or terminate your account if you violate these Terms, abuse the platform, or engage in fraudulent behavior. Termination does not relieve you of payment obligations incurred before the termination date.
9. Limitation of Liability
OTONUM provides services “as-is” and disclaims all warranties, express or implied. We are not responsible for loss of revenue, data, or business opportunities due to system downtime, software errors, or misuse. Our total liability will not exceed the amount paid by you to OTONUM in the past 6 months.
10. Communications & Marketing
By using our platform, you consent to receiving transactional messages from OTONUM (e.g., billing notices, security alerts). You can manage your preferences for marketing emails at any time. For more, see our Communications & Marketing Consent Policy.
11. Data Processing Agreement (DPA)
By using OTONUM to process personal data (e.g., customer information, transaction history, location data), you agree to the following Data Processing Agreement:
11.1 Roles
- You are the Data Controller.
- OTONUM is your Data Processor and will only process personal data on your documented instructions.
11.2 Scope and Purpose
We process customer data only to provide loyalty and analytics services under your control. The data types include: names, contact info, purchase behavior, reward history, campaign data, and location (if enabled).
11.3 Sub-processors
We may use authorized third-party providers (e.g., cloud hosting, email delivery). A list of current sub-processors is available upon request. We will notify you of any material changes.
11.4 Security Measures
We implement appropriate technical and organizational measures to protect personal data, including access control, encryption, audit logging, and regular vulnerability assessments.
11.5 Data Subject Rights
We will assist you in responding to data subject requests (access, deletion, correction, etc.) when technically feasible. You are responsible for verifying customer identities and managing direct responses.
11.6 International Transfers
If data is transferred outside your jurisdiction, we will ensure adequate safeguards are in place, including standard contractual clauses (SCCs) where applicable.
11.7 Data Retention and Deletion
We will delete or return personal data upon your request or after account closure, unless retention is required by law or for legitimate internal purposes (e.g., audits).
11.8 Breach Notification
We will notify you promptly if we become aware of a personal data breach affecting your data and provide relevant information to support your legal obligations.
11.9 Audits
Upon reasonable request and subject to confidentiality, you may audit our data processing practices or request summary audit reports.
11.10 Liability
Each party is responsible for its own compliance. OTONUM is not liable for your misuse of personal data or failure to obtain valid consent from your customers.
12. Governing Law
These Terms shall be governed by the laws of Alberta, Canada, without regard to conflict of laws principles.
13. Changes
We may revise these Terms with notice through your dashboard or email. Continued use of OTONUM after such notice constitutes acceptance of the updated Terms.
14. Contact
If you have any questions about these Terms or your data:
Email: contact+legal@otonum.io
Privacy & DPA Requests: contact+privacy@otonum.io