Cheers Partner Terms of Service

Effective Date: 26 October 2025
Last Updated: 26 October 2025

1. Agreement Overview

These Partner Terms of Service (“Terms”) govern your use of the Cheers! Business platform as a business partner. By creating an account or using our services, you agree to these Terms.

Service Provider:

  • Company: Cheers Teknoloji Bilişim Sanayi ve Ticaret Limited Şirketi
  • Address: Gazi Mh. 1311 Sk. Nur Apt. No: 2B Yenişehir / Mersin, Turkey
  • Mersis Number: 0209191144500001
  • Contact: [email protected]
  • Phone: +90 530 110 29 78

2. Service Description

Cheers! Business is a platform enabling businesses to:

  • Create and manage loyalty campaigns
  • Offer rewards and incentives to customers
  • Track customer engagement through QR code interactions
  • Access analytics and customer insights
  • Manage multiple business locations

3. Account Registration and Eligibility

3.1 Registration Requirements

To use Cheers! Business, you must:

  • Be a legally registered business entity or authorized representative
  • Provide accurate and complete business information
  • Have authority to bind your business to these Terms
  • Be at least 18 years of age
  • Maintain a valid payment method

3.2 Account Information

You agree to:

  • Provide truthful, accurate, and current business details
  • Update information promptly when it changes
  • Maintain security of your account credentials
  • Notify us immediately of any unauthorized access

3.3 Account Verification

We reserve the right to:

  • Verify your business registration and identity
  • Request additional documentation
  • Reject or terminate accounts that fail verification
  • Suspend accounts pending verification

4. Subscription Plans and Pricing

4.1 Subscription Options

Cheers! Business offers subscription plans with:

  • Monthly billing: Billed every 30 days
  • Annual billing: Billed once per year (may include discounts)
  • Different feature tiers based on business needs
  • Add-on options for additional locations

4.2 Pricing

  • Current pricing available at: [PRICING PAGE URL]
  • Prices displayed include applicable taxes where required
  • Additional locations may incur extra fees
  • Custom enterprise pricing available upon request

4.3 Price Changes

  • We will provide 60 days’ advance written notice of price increases
  • Notice sent to your registered email address
  • Price increases apply to subsequent billing cycles after notice period
  • You may cancel before the increase takes effect
  • No retroactive price increases on existing subscription periods

Commitment: We will not implement arbitrary or excessive price increases. Any increases will be reasonable and justified by service improvements, market conditions, or regulatory requirements.

4.4 Taxes

You are responsible for all applicable taxes (VAT, sales tax, etc.) unless we explicitly collect them. If you are tax-exempt, provide valid documentation.

5. Payment Terms

5.1 Payment Method

  • Payments processed through secure payment gateway in admin panel
  • Accepted methods: Credit card, debit card, bank transfer (for annual plans)
  • You authorize automatic recurring billing for your subscription
  • All payments in EUR or local currency as specified

5.2 Billing Cycle

  • Monthly: Charged on the same day each month
  • Annual: Charged once per year on anniversary of signup
  • Failed payments may result in service suspension

5.3 Payment Security

  • We do not store complete credit card information
  • Payment data processed by PCI-DSS compliant providers
  • Your financial information is encrypted and secure

6. Refund and Cancellation Policy

6.1 Refund Eligibility

Refunds are provided in the following circumstances:

Technical Failures:

  • Platform unavailable for more than 72 consecutive hours due to our fault
  • Critical features non-functional preventing campaign creation

Service Not Provided:

  • Systemic issues preventing service delivery
  • We fail to provide core features described in your subscription

Billing Errors:

  • Duplicate charges
  • Incorrect amount charged
  • Charged after cancellation

6.2 Refund Process

  1. Request: Email [email protected] within 14 days of charge
  2. Documentation: Include transaction ID, description of issue, supporting evidence (screenshots)
  3. Review: We will review and respond within 3 business days
  4. Approval: If approved, refund processed within 10 business days
  5. Method: Refunded to original payment method

6.3 Pro-Rata Refunds

For technical failures exceeding 72 hours, we will provide pro-rata credit for downtime beyond this threshold.

6.4 Non-Refundable Situations

Refunds are NOT provided for:

  • Change of mind after using the service
  • Failure to use the service
  • Dissatisfaction with campaign results (customer behavior is outside our control)
  • Account termination for violations of these Terms
  • Partial billing periods (except for technical failures)

6.5 Cancellation Terms

Monthly Subscriptions:

  • Cancel anytime through admin panel settings
  • Cancellation effective at end of current billing period
  • Access continues until period ends
  • No refund for unused portion of current period

Annual Subscriptions:

  • Cancel anytime through admin panel settings
  • Cancellation effective at end of annual term
  • Access continues until term ends
  • No partial refunds except for technical failures
  • After cancellation, subscription does not auto-renew

Effect of Cancellation:

  • Campaign data retained for 90 days after cancellation
  • Export data before cancellation
  • After 90 days, data may be permanently deleted

7. Partner Obligations

7.1 Loyalty Program Responsibilities

You agree to:

  • Honor all campaigns: Fulfill rewards and promotions as advertised
  • Accurate information: Ensure campaign details are truthful and clear
  • Timely delivery: Provide rewards within stated timeframes
  • Customer service: Handle customer inquiries about your campaigns
  • Compliance: Follow all applicable advertising and consumer protection laws

Important: You are directly responsible to customers for your campaigns. Cheers Teknoloji acts as a platform provider only.

7.2 Content Standards

Campaign content must:

  • Comply with all applicable laws
  • Not be false, misleading, or deceptive
  • Not infringe intellectual property rights
  • Not contain illegal, harmful, or offensive material
  • Not promote illegal activities
  • Respect privacy and data protection laws

7.3 Customer Complaints

  • You are responsible for resolving disputes with customers about your rewards
  • Repeated valid complaints may result in account review
  • We may investigate complaints and request resolution
  • Persistent issues may lead to account suspension

7.4 Data Protection Obligations

As a business partner, you may receive limited customer data. You agree to:

  • Process data only for loyalty program purposes
  • Comply with GDPR and applicable data protection laws
  • Implement appropriate security measures
  • Not sell or share customer data with third parties
  • Respond to customer data requests promptly
  • Notify us of any data breaches within 24 hours

8. Platform Use Restrictions

You may not:

  • Share your account credentials with unauthorized persons
  • Use the platform for illegal purposes
  • Attempt to reverse engineer or extract our code
  • Interfere with platform operations or security
  • Create fake campaigns or fraudulent offers
  • Manipulate QR codes or stamp systems
  • Use automated systems without authorization
  • Access data of other partners
  • Scrape or harvest platform data
  • Resell platform access without written permission

9. Intellectual Property

9.1 Our IP

All platform technology, design, software, and content are owned by Cheers Teknoloji. You receive a limited license to use the platform, which terminates upon account closure.

9.2 Your Content

You retain ownership of:

  • Your business information
  • Campaign content you create
  • Your trademarks and branding

By using the platform, you grant us a license to:

  • Display your campaigns to users
  • Use your business name and logo in the app
  • Include your campaigns in aggregated statistics
  • Use for platform promotion (with your consent)

10. Service Level and Availability

10.1 Uptime Target

We strive for 99.5% monthly uptime, excluding:

  • Scheduled maintenance (announced 48 hours in advance)
  • Force majeure events
  • Issues caused by third-party providers
  • Your internet connectivity issues

10.2 Maintenance

  • Scheduled: Announced 48 hours in advance, typically during off-peak hours
  • Emergency: May occur without notice if necessary for security or stability
  • We will minimize disruption

10.3 No Guarantee

While we work to ensure reliability, we do not guarantee uninterrupted or error-free service. Digital services are inherently subject to occasional disruptions.

11. Data and Analytics

11.1 What You Can Access

Through your admin panel, you can view:

  • Your campaign performance metrics
  • Customer engagement metrics (anonymized where required)
  • Stamp and reward redemption statistics

11.2 Data Ownership

  • Your data: Business information, campaigns you create
  • Platform data: System analytics, platform usage, aggregated statistics
  • Customer data: Owned by customers, you receive limited access

11.3 Data Retention

  • Active account: Data retained indefinitely
  • Cancelled account: Data retained for 90 days, then deleted
  • Legal holds: Data retained as required by law
  • We recommend to export your data before cancellation

12. Liability and Indemnification

12.1 Our Liability Limitations

To the maximum extent permitted by law, our liability is limited to:

  • Maximum amount: 12 months of subscription fees paid by you
  • Excluded damages: Indirect, consequential, punitive, lost profits, lost revenue, lost data

12.2 Exceptions

We remain fully liable for:

  • Death or personal injury from negligence
  • Fraud or fraudulent misrepresentation
  • Gross negligence or willful misconduct
  • Liability that cannot be legally limited

12.3 Your Indemnification

You agree to indemnify and hold us harmless from claims arising from:

  • Your campaigns, rewards, or promotions
  • Your violation of these Terms or applicable laws
  • Customer complaints about your services
  • Intellectual property infringement by your content
  • Data protection violations

This obligation survives termination.

13. Termination

13.1 By You

You can terminate your account anytime as described in Section 6.5.

13.2 By Us - With Cause

We may immediately suspend or terminate your account for:

  • Material breach of these Terms
  • Fraudulent activity or misrepresentation
  • Persistent customer complaints
  • Legal requirements
  • Payment failure after 15 days
  • Behavior that harms the platform or users

We will provide notice and opportunity to cure except for serious violations.

13.3 By Us - Without Cause

We may terminate with 60 days’ written notice. In this case, you receive a pro-rata refund for any pre-paid unused period.

13.4 Effect of Termination

Upon termination:

  • Access to platform ends
  • Outstanding fees become immediately due
  • You must cease using our trademarks
  • Active campaigns are deactivated
  • Data retention as per Section 11.3
  • Survival provisions continue (liability, indemnification, IP)

14. Modifications to Service

We reserve the right to:

  • Add, modify, or remove features
  • Change platform functionality
  • Update interface or user experience
  • Discontinue services with 90 days’ notice

Material changes affecting core functionality will include migration assistance or opt-out rights.

15. Confidentiality

15.1 Confidential Information

Includes: Pricing, platform roadmap, analytics algorithms, customer lists, non-public features.

15.2 Obligations

  • Do not disclose confidential information
  • Use only for authorized purposes
  • Protect with reasonable security
  • Obligation continues for 3 years after termination

15.3 Exceptions

You may disclose if required by law (with notice to us when possible).

16. Governing Law and Disputes

16.1 Governing Law

Turkish law governs these Terms. For EU partners, mandatory EU commercial laws also apply.

16.2 Dispute Resolution

Step 1 - Negotiation (Required): Contact [email protected]. Good faith negotiation for 30 days.

Step 2 - Mediation (Optional): Either party may propose mediation through mutually agreed mediator.

Step 3 - Arbitration or Court:

  • For disputes <€25,000: Mersin, Turkey courts have jurisdiction
  • For disputes ≥€25,000: Arbitration under ICC Rules (Istanbul seat) or Mersin courts, at our option
  • EU Partners: May also bring claims in courts of their registered business location

16.3 Class Action Waiver

Disputes must be brought individually. No class actions or representative proceedings.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement.

17.2 Amendments

Material changes require 30 days’ advance notice via email. Continued use constitutes acceptance.

17.3 Assignment

You cannot assign without our written consent. We may assign to affiliates or in corporate transactions.

17.4 Severability

Invalid provisions shall be modified to minimum extent necessary.

17.5 Force Majeure

Neither party liable for failures due to circumstances beyond reasonable control.

17.6 Independent Contractors

Parties are independent contractors, not partners or joint venturers.

17.7 No Third-Party Beneficiaries

These Terms do not create rights for third parties.

17.8 Language

English version prevails. Translations for convenience only.

18. Contact Information

Partner Support:

By creating an account, you acknowledge that you have read, understood, and agree to these Partner Terms of Service. You confirm that you have authority to bind your business to this agreement.