Pepper
Terms of service

IMPORTANT – READ CAREFULLY THE FOLLOWING AGREEMENT BEFORE DOWNLOADING, INSTALLING OR USING THE Pepper SOFTWARE (AS DEFINED BELOW).

THE MOST CURRENT VERSION OF THIS AGREEMENT IS AVAILABLE AT WWW.GOPEPPER.COM. AS A CONDITION PRECEDENT TO THE USE OF THE SOFTWARE AND SERVICES AS PROVIDED HEREIN, YOU ALSO AGREE TO BE BOUND BY THE PRIVACY POLICY WHICH IS INCORPORATED HEREIN BY THIS REFERENCE AND AVAILABLE AT: WWW.GOPEPPER.COM.

BY CREATING AND UTILIZING AN ACCOUNT WITH SOFTWARE APPLICATIONS OFFERED BY Pepper INC., YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE OR SERVICES. IF YOU SELECT “CANCEL”, THE INSTALLATION PROCESS WILL NOT PROCEED.

Furthermore, you hereby waive any rights or requirements under any law or regulation in any jurisdiction which requires an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

The following terms of service (the “Terms of Service” or “Agreement”) stipulate the terms and conditions of your use of the software applications (such as apps downloaded from the Apple App Store or Google Play), the website located at http://www.Pepper.com (the “Website”), including, without limitation, any patches, revisions, updates, upgrades or replacement thereto, (collectively, the “Software”) and online services (“Service”, and any reference to the Service shall include the Software) provided to you by Pepper Inc. (“Pepper”). The Service is provided solely for your own use.

The Service enables you to transact, through your mobile device, tablet computer, personal computer or any other device with internet connectivity (each, a “Device”), with businesses, service providers and vendors (the “Merchants”) from which you can order and pay for products and/or services offered by such Merchants through the Service. To remove any doubt, it is hereby clarified that Pepper only provides the platform for such transaction and is not a party thereto.

The nature of the Service that Pepper provides may change from time to time without prior notice to you. In addition, Pepper may cease (permanently or temporarily) providing the Service (or any part thereof) to you or generally to other users with or without prior notice. The Service may include advertisements, which may be tied to the Content (as defined below) or other information provided through the Service. Your use of the Service constitutes your consent that Pepper or Merchants may place advertisements through the Service.

Your use of the Service is expressly conditioned on your compliance and consent with these Terms of Service. By accessing or using the Service, you are indicating that you agree to be bound by these Terms of Service. Pepper reserves the right to amend, discontinue, limit, disable, terminate or cancel any feature of the Service.

COMMUNICATIONS WITH PEPPER

By creating a Pepper account, you electronically agree to accept and receive communications from Pepper including via email, push notifications, and text messages to the phone number you provided to Pepper. On all promotional email or text message communications, you will have the opportunity to unsubscribe from further promotional communications via that medium. For purposes of clarity, unsubscribing from promotional email or text message communications will not prevent you from receiving transactional communications like receipts or verification codes. Message and data rates may apply.

CHANGES TO THE TERMS OF SERVICE

Pepper may, in its sole discretion, make changes to these Terms of Service, from time to time, with or without notice to you. Each time changes are made to these Terms of Service, a revised version of these Terms of Service, will be posted on this page. You can determine when the Terms of Service were last modified by checking the “Last updated” legend on the top of the Terms of Service. Your continued use of the Service following such changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Service. At all times, the latest version of these Terms of Service shall be binding and prevail over any other prior version.

GRANT OF LICENSE

Subject to your full compliance with all of the terms and conditions of this Agreement, Pepper hereby grants you a limited, personal, non-commercial, non-exclusive, revocable, non-sublicensable, non-transferable, non-assignable, free of charge, license to download, install and use the Software on your Device for the sole purpose of your personal use of the Software in connection with provision of the Service by Pepper. Pepper is entitled, without any liability, to refuse, restrict, limit, suspend, interfere or interrupt the Service or any part thereof, without any notice to you, for the repair, improvement or upgrade of the Service or for any of the reasons mentioned herein. Pepper may, at its sole discretion and without any notice to you, change the technical features of the Service or of the Software.

LICENSE EXCLUSIONS

You may not make any use of the Software in whole or in part that is not expressly permitted by this Agreement. Without limiting the generality of the foregoing, you shall not: (i) copy, modify, translate, reverse engineer, decompile or disassemble the Software or create derivative works based thereon; (ii) install the Software onto a server so that it is accessible via a public network; (iii) share or permit other persons to use the Software, rent, lease or transfer the Software or the rights to use it; or (iv) delete or modify any attributions, legal notices or other proprietary designations in the Software or any part thereof. Any such forbidden use shall immediately and automatically terminate your license to use the Software, without derogating from any other remedies available to Pepper. The license granted herein does not grant you any right to any version enhancement, update or upgrade to the Software. Pepper may revise, modify, cease to provide or require you to immediately cease using, the Software or its functionality or any part thereof, which may result in loss of compatibility, tools, information and databases, or other commercial activities related thereto, from time to time, without notice.

PRIVACY AND SECURITY
Our Privacy Policy describes how we handle the information you provide to us in connection with your use of the Services. For an explanation of our privacy practices, please visit our Privacy Policy. You acknowledge that the requesting URLs of the machine originating the request and the time of the request may be logged for access statistics and security purposes and agree that your use of the Services constitutes consent to such monitoring. We maintain exclusive control of access and right of access to the Services. You understand and agree that we reserve the right to revoke your access at any time without notice or cause of action for any reason whatsoever.

INDEMNIFICATION
By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Pepper Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Pepper Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your negligence or willful misconduct

EXPIRING OF PEPPER POINTS
Pepper will expire points after 60 days of transaction inactivity. Points will also expire if a user closes their account with Pepper. Communications will be sent to users in advance.

NO CASH REDEMPTION VALUE FOR PEPPER POINTS
Pepper Points have no cash redemption value and cannot be exchanged or redeemed for cash under any circumstances. These points are solely intended for use within the app, where they can be redeemed for various rewards such as gift cards and other promotional items. Users should be aware that Pepper Points do not hold any monetary value and should not expect or attempt to convert them into cash. Any claims or attempts to redeem Pepper Points for cash will not be honored. 

DISCLAIMERS AND LIMITATION OF LIABILITY
Your use of our mobile rewards app (“the App”) is at your own risk. The App is provided on an “AS IS” and “AS AVAILABLE” basis. Pepper, its affiliates, officers, directors, employees, agents, and partners (collectively, “the Company”) make no representations or warranties of any kind, express or implied, regarding the App or its operation.

Disclaimers

  1. No Warranties: The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components.
  2. Accuracy of Information: The Company does not warrant or make any representations regarding the accuracy, reliability, or completeness of any information or content provided through the App. Your reliance on any information provided by the App is at your own risk.
  3. Third-Party Content: The App may include links to third-party websites or content. The Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.

Limitations of Liability

  1. General Limitation: To the maximum extent permitted by applicable law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
    • The use or inability to use the App.
    • The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the App.
    • Unauthorized access to or alteration of your transmissions or data.
    • Statements or conduct of any third party on the App.
    • Any other matter relating to the App.
  2. Maximum Liability: In no event shall the Company’s total liability to you for all damages, losses, and causes of action exceed the amount you have paid to the Company in the last six (6) months, or if greater, one hundred dollars ($100).
  3. Jurisdictional Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, the Company’s liability is limited to the greatest extent permitted by law.

By using the App, you acknowledge that you have read and understand these disclaimers and limitations of liability, and that you agree to be bound by them.