Terms of Service

Welcome to Membber. These Terms of Service ("Terms") form a legally binding agreement between you ("you", "your", the "User") and Membber Ltd ("we", "us", "our"), a company registered in England and Wales. Our registered office is at 12 Trindles Road, South Nutfield, Redhill, England, RH1 4JN.

These Terms govern your access to and use of our digital loyalty platform, including our website (https://the-loyalty-club.com), Membber Business app, customer iOS App and App Clip, payment pages, and related services (collectively, the "Service").

By accessing or using our Service, whether as a business signing up for a loyalty program ("Merchant") or as an individual participating in that program ("End-Customer"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Service.

Service: The digital loyalty platform provided by Membber, including all related software, technology, and services.

Merchant: A business entity that subscribes to the Service to create and manage a loyalty program for its customers.

End-Customer: An individual who uses the Service to participate in a Merchant's loyalty program.

App Clip: Our iOS App Clip that allows End-Customers to collect loyalty stamps, view participating Merchant experiences, or reach customer checkout flows from supported links at participating Merchant locations.

Loyalty Program: The specific promotional offer created by a Merchant using our Service (e.g., "Collect 5 stamps, get a free coffee").

Merchant Content: Any logos, images, text, branding, or other materials uploaded or provided by a Merchant for use with the Service.

Membber provides a technology platform that enables Merchants to offer digital loyalty and checkout experiences to their End-Customers. The core functionality may involve an End-Customer tapping an NFC tag, scanning a QR code, opening our App Clip, using our customer app, or using a secure web checkout page to participate with a Merchant. Merchants manage their account, setup, loyalty tools, checkout settings, and operational activity through Membber Business.

Important: We are a technology platform only. We act as a technology provider and intermediary. We are not a party to the transaction between the Merchant and the End-Customer. The Merchant is solely responsible for the creation, management, and fulfilment of their Loyalty Program.

Any rewards, vouchers, or offers are provided by the Merchant, not by Membber. We do not guarantee, warrant, or take responsibility for any Merchant's products, services, or loyalty rewards.

This section applies specifically to our Merchants and forms the commercial agreement between you and us.

Account Registration: To use the Service, you must register for an account, providing accurate and complete information. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

Plans and what they include: Membber offers a free tier and paid plans, billed per location. The free tier provides a public business listing only. Paid plans (for example Club and VIP for local businesses, and the Gym Start, Gym Growth and Gym Pro tiers for gyms and studios) unlock loyalty, Wallet passes, NFC, bookings, memberships, retention tools and other features as described on our pricing page at the time you subscribe. The current plan names, prices, billing frequency and included features are set out on our pricing page and in the Membber Business app; those published inclusions form part of these Terms. We may change plans, prices and inclusions for future billing periods on reasonable notice; changes do not affect a billing period you have already paid for.

Subscriptions and Payment: Paid plans are provided on a subscription basis. Plan fees are billed in advance on a recurring monthly or annual cycle and recur automatically until cancelled. All payments are processed by our third-party payment processor, Stripe. By providing payment information, you authorise us and Stripe to charge your saved payment method for your plan, any add-ons, applicable platform fees, and any taxes due, and you agree to Stripe's terms of service.

Membber platform fee (1.5%): Separate from your plan subscription, Membber charges a platform fee of 1.5% on member and customer transactions that you process through the Service (for example membership billing, class packs, mini-store orders and other payments taken via the Service). This 1.5% fee is Membber's margin and is charged on top of Stripe's standard payment processing costs; it has no monthly cap and applies to every store type, including gyms. The platform fee is collected automatically at the time each transaction is processed, before funds are settled to you. The platform fee is not a charge to your End-Customers and does not change the price your End-Customers pay; it is deducted from the amounts you collect through the Service. We may change the platform-fee rate for future transactions on reasonable notice, in accordance with these Terms.

Subscription auto-renewal and cancellation: Subscriptions (including their add-on line items) automatically renew at the end of each billing cycle unless cancelled. You can cancel your subscription at any time through the Membber Business app or by contacting support. Cancellation takes effect at the end of the current billing period; your access to paid features continues until that paid-through date. No refunds will be provided for partial subscription periods.

Taxes: Stated prices may be exclusive of VAT or other applicable taxes unless otherwise indicated. You are responsible for any taxes applicable to your purchases and to the goods, services and memberships you sell to your End-Customers through the Service.

Grant of Licence: You grant Membber Ltd a worldwide, non-exclusive, royalty-free licence to use, reproduce, display, and distribute your Merchant Content solely for the purpose of operating and providing the Service.

This section applies specifically to End-Customers using our Service, including through our iOS App Clip.

Age Requirement: You must be at least 16 years of age to use the Service. By using the Service, you confirm that you meet this age requirement.

Using the Service: You can participate with a Merchant by following the instructions provided by the Merchant, such as tapping an NFC tag, scanning a QR code, opening the customer app, or using a secure checkout page. Loyalty participation is free of charge for End-Customers. If you buy goods or services from a Merchant through a checkout page, the Merchant remains responsible for the sale, fulfilment, refund policy, and customer service for that purchase.

Merchant Memberships and Subscriptions: Some Merchants may offer paid memberships or subscription products through the Service. Before you subscribe, we will show the key billing terms available to us, including the Merchant, plan name, amount due today, ongoing recurring amount, billing frequency, renewal basis, minimum commitment, cancellation notice, and any Merchant terms provided through the Service. Supported renewal frequencies may include weekly, every two weeks, monthly, every six months, annual, or one-time class packs. Renewal may run from your sign-up date or from a fixed weekday or calendar date chosen by the Merchant.

Payments are processed securely by Membber for the Merchant. Your bank or card statement should normally identify the Merchant where their Stripe connected account and statement descriptor are correctly configured, but it may also reference Membber or our payment provider.

Unless the Merchant's own terms, applicable law, or a specific support decision says otherwise, cancelling a recurring membership stops future renewal and does not automatically refund unused time already paid for. Where cancellation takes effect at the end of the current paid period, access may continue until that paid-through date and time. Refunds, credits, failed-payment grace periods, freezes, and eligibility rules are set by the Merchant and handled through the Service where enabled.

Your Relationship with the Merchant: Your relationship concerning the Loyalty Program (the offer, the stamps, and the final reward) is directly with the Merchant. Membber is a technology platform and has no responsibility for the Merchant's offer. The terms of the loyalty program, including what you must purchase to earn stamps and what rewards you receive, are set entirely by the Merchant.

Any disputes regarding a Loyalty Program must be resolved directly with the Merchant. We encourage you to review the Merchant's own terms and conditions.

Prohibited Conduct: You agree not to misuse the Service. This includes attempting to fraudulently obtain stamps or rewards, spamming the service, or using it for any unlawful purpose.

Content Moderation and Messaging: Our messaging features are provided for legitimate business communication between End-Customers and Merchants. You agree not to send messages that are abusive, harassing, threatening, obscene, or otherwise objectionable. We provide tools for users to report and block objectionable content. We reserve the right to review, flag, or remove content that violates these Terms, and to suspend or terminate the messaging privileges of users who repeatedly violate this policy.

Data After Account Deletion: When you delete your account, your login access is revoked immediately. Your personal information is removed from your live account and securely archived for administrative review, then permanently purged within 90 days. Your loyalty activity (stamps, vouchers, conversations) is anonymised but retained for Merchant record-keeping. Hashed identifiers are retained for up to 6 years for fraud prevention and legal compliance. See our Privacy Policy for full details.

This section applies specifically to End-Customers using our iOS App Clip.

What is the App Clip: Our App Clip is a lightweight iOS application that allows you to access supported Membber experiences at participating Merchant locations, including loyalty stamp collection and links to checkout where enabled. You do not need to download a full app to use it.

Merchant-Specific Terms: Each Merchant may have their own terms and conditions for their loyalty program. By collecting a stamp at a Merchant's location, you agree to that Merchant's program terms. Membber is not responsible for the terms set by individual Merchants.

Device Requirements: The App Clip requires iOS 14 or later and an iPhone 7 or newer for NFC functionality.

All rights, title, and interest in and to the Service, including all software, text, graphics, logos (excluding Merchant Content), and technology, are and will remain the exclusive property of Membber Ltd. You may not copy, modify, distribute, sell, or lease any part of our Service.

By You: Merchants can terminate these Terms by cancelling their subscription and ceasing to use the Service. End-Customers can terminate by ceasing to participate in any Loyalty Programs, and can request account deletion through in-app settings ("Delete Account") or via https://www.the-loyalty-club.com/account-deletion.

By Us: We may suspend or terminate your access to the Service at any time, with or without cause or notice, if we believe you have breached these Terms. This may include failing to pay subscription fees or misusing the Service. Upon termination, your right to use the Service will immediately cease.

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY.

"AS IS" Service: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Membber Ltd, ITS AFFILIATES, OFFICERS, OR EMPLOYEES BE LIABLE FOR:

Liability Cap: OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF:

(A) THE TOTAL AMOUNT OF FEES PAID BY YOU (IF YOU ARE A MERCHANT) TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY POUNDS STERLING (£50.00).

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

You agree to defend, indemnify, and hold harmless Membber Ltd and its officers, directors, and employees from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with (i) your access to or use of the Service, (ii) your violation of these Terms, or (iii) your Merchant Content, if you are a Merchant.

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, shall be governed by and construed in accordance with the laws of England and Wales.

You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

If you are a consumer resident in the European Economic Area (EEA), nothing in these Terms affects your rights under mandatory consumer protection laws of your country of residence, including your right to bring proceedings in your local courts.

Changes to Terms: We reserve the right to modify these Terms at any time. We will provide notice of any significant changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Membber Ltd regarding our Service.

Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

EU Digital Services Act (DSA): In accordance with the EU Digital Services Act (Regulation (EU) 2022/2065), we provide mechanisms for reporting illegal or objectionable content through our in-app reporting tools and via email to support@the-loyalty-club.com. We will review and respond to reports promptly. Our contact point for DSA matters is support@the-loyalty-club.com.

For any questions about these Terms, please contact us at support@the-loyalty-club.com.