Merchant Terms and conditions

IMPORTANT: By registering for Zeal services, clicking "Accept," "Register," or "I Agree," or by continuing to use Free Tier Services after receiving our notification email and the 30-day review period, you agree to these Terms of Service. Please read them carefully before proceeding.

1. Introduction and Scope

1.1 About Zeal

These Terms of Service ("Terms") govern your use of Zeal's value-added services. Zeal IO Limited (company number 11998285, registered address: 85 Great Portland Street, First Floor, London, W1W 7LT, UK) ("Zeal," "we," "us," or "our") provides loyalty programs, analytics, marketing tools, and business intelligence services for merchants through payment terminals.

1.2 Acceptance (General)

For Paid Tier Services (when you actively subscribe):

• By clicking "I Agree," "Register," "Upgrade to Paid Tier," or subscribing through the Merchant Portal, you confirm:
• You have read these Terms, our Privacy Policy (getzeal.io/privacy), and Acceptable Use Policy (getzeal.io/acceptable-use)
• You agree to be legally bound by these Terms
• You have authority to bind your business
• You consent to electronic contractingYour acceptance is recorded with timestamp and IP address for audit purposes.

For Free Tier Services: See Section 1.3 below for Free Tier acceptance procedures.

1.3 Acceptance for Free Tier Services

If you receive Free Tier Services (free business analytics without actively subscribing):

(a) Email Notification:

You will receive an email within 24 hours of Zeal Software being deployed to your payment terminal. This email goes to the business email address registered with your payment service provider.

(b) 30-Day Review Period:

• You have 30 days from the email notification date to:
• Review these Terms of Service
• Review our Privacy Policy (getzeal.io/privacy)
• Review our Legitimate Interests Assessment (getzeal.io/legal/lia-free-tier)
• Decide whether you want Free Tier Services(c) Deemed Acceptance:

If you do not opt out within 30 days AND you continue to receive or use Free Tier Services (including accessing analytics dashboards or viewing business insights we provide), you will be deemed to have accepted these Terms.

(d) Active Acceptance (Optional):

You can actively accept these Terms anytime by logging into the Merchant Portal (portal.getzeal.io) and clicking "I Agree to Terms of Service" in your account settings. This is not required but gives you explicit confirmation.

(e) No Obligation:

You are NOT required to accept Free Tier Services. Opting out will NOT affect your payment processing services in any way. Your payment terminal will continue processing card payments normally - this is completely separate from Zeal analytics.

1.4 Who Can Accept

You represent and warrant that you have the authority to bind your business to these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

1.5 Order of Precedence

In the event of any conflict between these documents, the following order of precedence applies:

• these Terms of Service (including any schedules);
• the applicable pricing schedule;
• our Privacy Policy; andother policies referenced herein.

2. Definitions

In these Terms:

"Applicable Data Protection Laws" means the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 (PECR), and any other applicable data protection legislation.

"Consumer" means an end customer of the Merchant who interacts with Zeal services, including by opting in to a loyalty program or receiving marketing communications.

"Consumer Data" means Personal Data relating to Consumers that is processed through Zeal services.

"Cross-Merchant Identification" means the ability to recognize the same consumer across multiple Zeal-powered merchants using their phone number and/or linked payment card token.

"Free Tier Services" means Zeal's value-added services provided without charge, as described in Section 4.1.

"Joint Controller" means where two or more controllers jointly determine the purposes and means of processing Personal Data, as defined in Article 26 of the UK GDPR.

"Legitimate Interest" means the lawful basis for processing Personal Data under Article 6(1)(f) of the UK GDPR, where processing is necessary for legitimate interests pursued by Zeal or a third party, and those interests are not overridden by your rights and freedoms.

"Merchant," "you," or "your" means the business entity registering for and using Zeal services.

"Merchant Data" means data relating to your business, including business name, MID, TID, contact details, and other registration information.

"Merchant Portal" means Zeal's web-based dashboard at portal.getzeal.io.

"Paid Tier Services" means Zeal's premium value-added services requiring registration and payment, as described in Section 4.2.

"Personal Data" has the meaning given in the UK GDPR.

"Privacy Policy" means Zeal's privacy policy available at getzeal.io/privacy.

"PSP" means your Payment Service Provider (which may be a payment acquirer, payment gateway, ISO, or similar entity).

"Services" means Zeal's value-added services, including Free Tier Services and Paid Tier Services.

"Terminal" means the payment terminal on which Zeal software is installed.

"Token" means a pseudonymized identifier that represents a payment card without revealing the actual card number (PAN). Tokens allow us to recognize returning customers without accessing their actual card details.

"Transaction Data" means data derived from payment transactions at your Terminal, including transaction amounts, dates, times, basket-level data (where available), MCC, and payment card tokens. Transaction Data does not include PANs, CVV/CVC codes, or PINs.

"Zeal App" means Zeal's application installed on the Terminal.

"Zeal Platform" means Zeal's proprietary technology platform for delivering the Services.

3. Relationship with Your Payment Provider

3.1 No Payment Services

Important: Zeal does NOT provide payment processing, merchant acquiring, payment gateway, or any payment services. Your payment processing relationship remains exclusively with your PSP. Zeal provides value-added services only and will not interfere with, solicit changes to, or compete with your payment provider relationship.

3.2 How Zeal Services Reach You

Zeal services were made available on your Terminal through your PSP's partnership with Zeal. Your PSP has authorized Zeal to provide value-added services to merchants within their network. This authorization enables Zeal to deploy software on Terminals and process Transaction Data for the purpose of delivering the Services.

3.3 Independence

Nothing in these Terms affects your payment processing arrangements with your PSP. Zeal operates independently of your payment services, and your acceptance of these Terms creates a direct contractual relationship between you and Zeal for value-added services only.

4. Services and Lawful Basis

4.1 Lawful Basis for Free Tier Services

Legal Basis:

Free Tier Services are provided based on "legitimate interest" under Article 6(1)(f) of the UK General Data Protection Regulation (UK GDPR).

What this means in plain English:

• We have assessed that providing you with free business analytics serves a legitimate business interest for both of us:
• Your benefit: You get valuable business intelligence at no cost (customer transaction patterns, peak trading hours, anonymized customer insights) to help improve your operations
• Our interest: We can demonstrate our platform's value and build relationships with merchants who may upgrade to Paid Tier in the future
• Balanced approach: We only process transaction metadata (amounts, times, card tokens - NOT full card numbers) and anonymize consumer data where possible
• Our Legitimate Interests Assessment:
• We have conducted a detailed Legitimate Interests Assessment (LIA) to ensure this processing is fair and balanced. Read the summary at: getzeal.io/legal/lia-free-tier
• How Free Tier is Activated:
• If your payment service provider (PSP) authorized Zeal Software deployment to your terminal:(a) You will receive an email within 24 hours explaining:
• What data we collect (transaction amounts, timestamps, card tokens, business identifiers)
• How we use it (generating analytics dashboards, enabling loyalty program infrastructure)
• Your right to opt out at no cost(b) You have 30 days to opt out with no questions asked and no impact on your payment processing

(c) If you do not opt out within 30 days, your continued use of Free Tier Services (including accessing dashboards or receiving insights) = acceptance of these Terms

Your Right to Object:

• You can object to this processing at any time under Article 21 UK GDPR. Opt out by:
• Visiting getzeal.io/optout and submitting your Terminal ID (TID) or Merchant ID (MID)
• Emailing optout@getzeal.io with your business name and terminal details
• Contacting your payment service provider and requesting Zeal opt-out
• What happens when you opt out:
• We will process your request within 5 Business Days and confirm via email. Once opted out:
• We stop collecting new transaction data from your terminal(s)
• We delete or anonymize previously collected personal data within 30 days (except data we must keep for legal compliance, fraud prevention, or dispute resolution - maximum 12 months retention)
• Your access to Free Tier Services ends
• Your payment processing services are completely unaffected

4.2 Paid Tier Services

By registering through the Zeal App or Merchant Portal, you gain access to Paid Tier Services, which include:

• Loyalty program configuration and management
• Advanced transaction analytics and reporting
• Consumer engagement and marketing campaign tools
• Business intelligence dashboards
• Merchant Branded Mobile Apps with ordering, loyalty, and appointment booking
• Participation in brand-sponsored campaigns
• Premium support
• Other services as Zeal may introduce from time to time

4.3 Service Availability

Zeal aims for 99.5% service availability, measured monthly, excluding scheduled maintenance. We will notify you of scheduled maintenance where reasonably practicable. Zeal is not liable for unavailability caused by factors outside our reasonable control, including internet connectivity, Terminal issues, third-party service failures, or force majeure events.

4.4 Modifications to Services

Zeal may modify the Services from time to time. Material changes that adversely affect your use will be notified at least thirty (30) days in advance via the Merchant Portal or email. If you do not accept a material change, you may terminate your subscription before the change takes effect.

5. How Consumers Join Your Loyalty Program (Paid Tier Only)

If you subscribe to Paid Tier Services and activate a loyalty program:

5.1 Terminal-Based Enrollment (Automatic Opt-In Prompts)

When a customer uses their payment card at your terminal:

New Customer Detection: If Zeal's system does not recognize their card token (they have not joined your loyalty program before), the terminal screen will display an opt-in prompt after their payment is processed.

Example Prompt:

• Join [Your Business Name] Loyalty?Earn rewards on every visit!

Privacy: getzeal.io/privacy

[Yes, Join]  [No Thanks]How It Works: The customer taps their choice. If they tap "Yes, Join," their card token is registered to your loyalty program. If they tap "No Thanks," nothing happens - their payment still goes through normally.

Phone Number Collection (Optional): You can activate a feature where Zeal asks customers for their phone number at reward collection or redemption. This helps:

• Send SMS notifications about points/rewards
• Link their card across multiple locations (if you have multiple stores)
• Identify them across other Zeal-powered merchants (see Cross-Merchant Identification below)

5.2 App-Based Enrollment

If you offer a branded loyalty app (white-labeled by Zeal):

• Customers download the app, create an account, and link their payment card
• Zeal displays full privacy information and terms during app registration
• Customers must tap "I Agree" before their account is created

5.3 Cross-Merchant Identification - IMPORTANT

What This Means:

• If a customer provides their phone number and links it to their card token:
• They can be recognized across ALL Zeal-powered merchants (not just your business)
• They can participate in multiple loyalty programs with one phone number + card combination
• Example: Customer joins your coffee shop loyalty program, then visits a Zeal-powered restaurant and is automatically prompted to join that loyalty program too (using same phone number)
• Data Sharing Restrictions - What You CANNOT See:
• You CANNOT see other merchants' loyalty data: You can only see transactions and rewards from YOUR business
• Zeal does NOT share customer transaction details from other merchants with you
• Customer privacy is protected: Each loyalty program operates independently, even though the customer uses the same identity
• What Zeal CAN Do:
• Provide you with aggregated, anonymized benchmarking data (e.g., "Customers in cross-merchant loyalty programs have 24% higher retention rates") - this does NOT identify specific customers or other merchants
• Enable cross-promotional campaigns IF you explicitly set one up AND the customer consents (e.g., "Coffee shop customers get 10% off at partner restaurant")
• Customer Transparency:
• When Zeal prompts a customer for their phone number, the terminal/app displays:
• "Optional: Enter phone to track rewards across participating merchants. Privacy: getzeal.io/privacy"
• Customers can always:
• Decline to provide phone number (they can still earn rewards via card token alone, but only at your business)
• Unlink their card token at getzeal.io/account
• Delete their account entirely

5.4 Lawful Basis for Consumer Data Processing

For loyalty program enrollment:

• Terminal-based opt-in: Consumer consent (Article 6(1)(a) UK GDPR) - they tap "Yes, Join"
• Phone number entry: Consumer consent (Article 6(1)(a) UK GDPR) - they voluntarily enter their phone number
• App-based enrollment: Consumer consent via "I Agree" checkboxZeal and you act as "joint controllers" for loyalty program data - see Section 5.5 below.

5.5 Your Responsibilities as Joint Controller

You and Zeal share responsibility for protecting customer data. Here is what YOU must do:

(i) Display Point-of-Sale Privacy Signage

You must inform customers that Zeal processes their data for loyalty programs. Minimum requirement:

• Physical sign near your payment terminal, on counter, or in window
• Minimum text: "We use Zeal for loyalty rewards. Your transaction data will be processed by [Your Business Name] and Zeal IO Limited. Privacy: getzeal.io/privacy"We provide free printable signs in your Merchant Portal (A4, A5, table tent formats, QR codes).

(ii) Respond to Customer Requests

If a customer asks to access their loyalty data, delete their account, or correct their information, you can either:

• Direct them to getzeal.io/account or privacy@getzeal.io (Zeal handles request within 30 days)
• Forward their request to Zeal within 5 Business Days(iii) Do Not Collect Customer Data Manually Without Consent

If you collect customer information manually (e.g., writing down phone numbers, asking customers to text a keyword) and upload it to Zeal:

• You MUST inform customers their data will be shared with Zeal
• You MUST provide a link to Zeal's Privacy Policy (getzeal.io/privacy) or offer to send it
• You MUST obtain consent to receive loyalty program communications (SMS/email)Bottom Line: Your customers should never be surprised that Zeal is involved. Clear communication builds trust and is required by UK data protection law.

Read more about joint controller responsibilities: getzeal.io/legal/joint-controller-arrangement

6. Registration and Account

6.1 Eligibility

To register for Paid Tier Services, you must:

• be a business with a valid Merchant Identification Number (MID);
• have Zeal software deployed on your Terminal (either directly or via your PSP);
• have authority to bind your business to these Terms;
• provide accurate and complete registration information; andnot be located in a jurisdiction subject to comprehensive trade sanctions.

6.2 Account Information

You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify Zeal immediately of any unauthorized use of your account.

6.3 Authorized Users

You may authorize employees or agents to access your account through the Merchant Portal. You are responsible for:

• ensuring authorized users comply with these Terms;
• promptly removing access for users who no longer require it; andall actions taken by authorized users.

7. Fees and Payment

7.1 Subscription Fees

Fees for Paid Tier Services are set out in the pricing schedule displayed during registration or in the Merchant Portal. Fees may include monthly or annual subscription fees, per-feature or add-on fees, and setup or onboarding fees (if applicable).

7.2 Payment Terms

Fees are payable in advance unless otherwise agreed. Accepted payment methods include direct debit and card payment. Zeal may use third-party payment processors to collect fees.

7.3 Price Changes

Zeal may change fees upon sixty (60) days' written notice. You may terminate your subscription before the new fees take effect if you do not accept the changes, without penalty or early termination fees.

7.4 Taxes

All fees are exclusive of VAT and other applicable taxes. VAT will be added at the applicable rate where required by law. You are responsible for any taxes associated with your use of the Services, except for taxes on Zeal's income.

7.5 Non-Payment

If payment is not received when due, Zeal may:

• charge interest at 2% above the Bank of England base rate from the due date;
• suspend access to Paid Tier Services after providing seven (7) days' notice; andrecover reasonable costs of collection.

7.6 Refunds

Fees are generally non-refundable. If Zeal terminates your account for convenience (not for cause), you will receive a pro-rata refund of any prepaid fees for the unused portion of your subscription period.

8. Acceptable Use

8.1 Permitted Use

You may use the Services only for your lawful internal business purposes in accordance with these Terms.

8.2 Prohibited Activities

You shall not:

• use the Services for any unlawful purpose or in violation of any applicable law;
• attempt to reverse engineer, decompile, disassemble, or derive source code from Zeal software;
• copy, modify, or create derivative works of Zeal software or materials;
• use the Services to harm, deceive, or defraud consumers or competitors;
• introduce viruses, malware, or other harmful code;
• interfere with or disrupt the integrity or performance of the Services;
• attempt to gain unauthorized access to Zeal's systems or networks;
• resell, sublicense, or transfer your access to the Services without Zeal's written consent;
• use the Services in connection with money laundering, terrorist financing, or other financial crimes; orviolate any applicable consumer protection, data protection, or card scheme rules.

8.3 Loyalty Program Obligations

If you operate a loyalty program through Zeal:

• you are responsible for honoring rewards earned by consumers in accordance with your program terms;
• you must maintain sufficient balance or funding to fulfill rewards (where applicable);
• you must not make false or misleading claims about rewards or program benefits;
• reward terms must be clearly communicated to consumers before they participate; andyou must comply with all applicable consumer protection laws regarding loyalty programs.

8.4 Consumer Communications

If you send marketing communications to consumers through Zeal:

• you are responsible for ensuring you have valid consent or other lawful basis under Applicable Data Protection Laws and PECR;
• you must clearly identify yourself as the sender of marketing messages;
• you must provide a clear and easy method for consumers to opt out;
• you must honor opt-out requests promptly (within 10 business days); andyou must not send marketing communications to consumers who have opted out.

9. Cross-Merchant Data Sharing and Privacy

9.1 What You CAN Access

Via the Merchant Portal, you can access:

• Transaction data from YOUR business only
• Loyalty program data from customers enrolled in YOUR program
• Analytics and insights specific to YOUR business performance

9.2 What You CANNOT Access

You CANNOT access via the Merchant Portal:

• Transaction data from other merchants (even if the same customer shops at both businesses)
• Loyalty program data from other merchants' programs
• Customer lists from other merchants
• Individual customer purchase history at other merchants

9.3 Cross-Merchant Insights (Aggregated Only)

Zeal MAY provide you with aggregated, anonymized insights such as:

• "Customers who participate in multiple Zeal loyalty programs spend 35% more on average"
• "Your repeat customer rate is in the top 20% compared to similar businesses in your area"
• Industry benchmarks that do NOT identify specific customers or other merchants

9.4 Cross-Promotional Campaigns (Opt-In Only)

If you want to run a cross-promotional campaign with another Zeal merchant (e.g., "Get 10% off at Partner Restaurant when you spend £20 at our coffee shop"):

• You must set up the campaign explicitly via Merchant Portal
• Customers must consent to participate (they will be prompted: "Share your [Your Business] activity with [Partner Business] to unlock this offer? [Yes] [No]")
• Only consenting customers' relevant data is shared with the partner merchant for that specific campaign
• Campaign-specific data only (e.g., "Customer spent £20+ at Coffee Shop A" - NOT full transaction history)

9.5 Prohibited Uses

You shall NOT:

• Attempt to access other merchants' data via technical means (API scraping, unauthorized portal access)
• Reverse-engineer customer identities from aggregated data
• Contact customers enrolled in other merchants' programs (unless they are also enrolled in YOUR program)
• Share your Merchant Portal login credentials with other merchants

9.6 Penalties for Violations

Violation of cross-merchant data sharing restrictions may result in:

• Immediate suspension of Merchant Portal access
• Termination of Services (Section 15)
• Legal action for breach of UK GDPR (potential ICO fines up to £17.5 million or 4% of annual turnover)
• Liability for damages to affected customers or merchants

10. Data

10.1 Your Business Data

You retain ownership of your Merchant Data. You grant Zeal a non-exclusive, worldwide, royalty-free license to use, process, and store your Merchant Data to:

• provide the Services to you;
• generate aggregated, anonymized insights that do not identify you or your customers; andimprove and develop the Zeal Platform.

10.2 Transaction Data

Zeal processes Transaction Data from your Terminal to provide analytics and insights. Transaction Data includes transaction amounts, dates, and times; basket-level data (where available from your Terminal); Merchant Category Code (MCC); and payment card tokens for new vs returning customer analysis.

Zeal does not currently process full Primary Account Numbers (PANs). Zeal may obtain PCI-DSS certification in future to process PANs for enhanced customer analytics, subject to appropriate notice.

10.3 Consumer Data

Where consumers voluntarily opt in to your loyalty program (e.g., by tapping "Yes, Join" on the Terminal, entering their phone number, or registering via your branded app):

• you and Zeal may process Consumer Data as joint controllers depending on the specific service;
• Consumer Data processing is governed by Zeal's Privacy Policy;
• you must ensure consumers are informed before they provide their data (see Section 5.5); andyou must not use Consumer Data for purposes outside the loyalty program without obtaining separate consent.

10.4 Merchant Data and Derived Analytics Ownership

We want to be clear about what data you own versus what we own:

(a) Raw Merchant Data - YOU OWN THIS

You retain all ownership rights in:

• Your business contact information (business name, email, phone, address)
• Your Merchant Identifier (MID) and Terminal Identifiers (TID)
• Content you upload to the Merchant Portal (logo, branding, loyalty campaign descriptions, promotional materials)
• Your customer list (names, phone numbers, emails of loyalty program members enrolled at YOUR business)
• Transaction data specific to YOUR business (amounts, timestamps for purchases at your location)What we do with it: We hold only a limited license to use this data solely for providing the Services described in these Terms. We do not claim ownership of your business data. We will never sell your identifiable business data or customer contact information to third parties.

Cross-Merchant Customers: If a customer participates in loyalty programs at multiple Zeal merchants:

• You own their transaction data from YOUR business
• You do NOT own their transaction data from other businesses
• Zeal owns the cross-merchant linkage infrastructure (card token-to-phone number mapping, unified customer profile)(b) Derived Analytics and Insights - ZEAL OWNS THIS (BUT YOU CAN USE IT)

Insights, analytics, reports, scores, recommendations, and business intelligence that we create by applying our proprietary algorithms, machine learning models, and analytical methods to your data become Zeal's Intellectual Property.

However, you get a perpetual (ongoing), non-exclusive (we can provide similar insights to others), non-transferable (you cannot sell it) license to use any insights we provide through the Merchant Portal for your internal business purposes.

Examples to illustrate the difference:

Why this matters: We invest heavily in data science, AI, and analytics technology to generate these insights. Our ownership of the analytical methodology allows us to continuously improve our algorithms, provide industry benchmarking, and offer our platform to other merchants.

(c) Aggregated and Anonymized Data - ZEAL OWNS THIS

When we combine data from many merchants and anonymize it so it cannot reasonably identify your specific business, this becomes Zeal's Intellectual Property and we may use it for:

• Industry benchmarking reports ("Independent coffee shops in London see average 18% repeat customer rate")
• Product improvement (training machine learning models, improving algorithms)
• Marketing materials ("Merchants using Zeal see average 15% increase in repeat customers within 6 months")
• Commercial licensing to market research firms, industry analysts, business intelligence platformsImportant: We will never sell or license your identifiable business data (your specific business name, revenue figures, customer list from YOUR business, etc.) to third parties without your explicit written consent.

(d) Data Portability and Export

Upon request or termination, you may export the following in machine-readable format (CSV or JSON):

• Your raw Merchant Data (business details, terminal IDs)
• Consumer data you collected through loyalty programs at YOUR business:
• Customer names, phone numbers, email addresses (of customers who joined YOUR program)
• Loyalty points balances for YOUR program
• Transaction history at YOUR business
• Redemption history at YOUR business
• Historical analytics reports generated during your subscription (PDF or CSV)Important: You can only export data from customers who participated in YOUR loyalty program. You cannot export cross-merchant data or data from other merchants' programs.

We will provide this data export within 30 days of your written request to support@getzeal.io. No charge if requested no more than once per 12-month period.

10.5 Data Security

Zeal implements appropriate technical and organizational measures to protect data, including encryption, access controls, and regular security assessments. You are responsible for implementing appropriate security measures for any data you collect directly from consumers.

11. Consumer Data Subject Rights (Your Obligations)

As a joint controller with Zeal for loyalty program data, you have obligations when customers exercise their UK GDPR rights:

11.1 Right of Access (Article 15)

If a customer asks "What data do you have about me?":

• Direct them to getzeal.io/account (self-service portal) OR privacy@getzeal.io
• OR forward their request to Zeal within 5 Business Days
• Zeal will provide their data within 30 days

11.2 Right to Erasure / "Right to be Forgotten" (Article 17)

If a customer asks to delete their account:

• Direct them to getzeal.io/account > Delete Account OR privacy@getzeal.io
• OR process deletion request yourself via Merchant Portal > Customer Management > Delete Customer
• Zeal will delete their data within 30 days (except legal retention requirements)
• Unredeemed rewards are forfeited upon deletion

11.3 Right to Rectification (Article 16)

If a customer's phone number or name is incorrect:

• They can update it themselves at getzeal.io/account
• OR you can update it via Merchant Portal > Customer Management
• OR forward request to privacy@getzeal.io

11.4 Right to Object (Article 21)

If a customer says "Stop using my data for marketing":

• Mark them as "opted out of marketing" in Merchant Portal
• OR forward request to privacy@getzeal.io within 5 Business Days
• They can still participate in loyalty program (earn/redeem rewards) but will not receive promotional SMS/emails

11.5 Right to Data Portability (Article 20)

If a customer asks for their data in machine-readable format:

• Forward request to privacy@getzeal.io
• Zeal will provide CSV/JSON export of their loyalty data within 30 days

11.6 Your Response Deadline

If a customer contacts YOU directly with a data subject request:

• Respond within 30 days (UK GDPR requirement)
• If you forward to Zeal, do so within 5 Business Days so Zeal can meet the 30-day deadline

11.7 Penalties for Non-Compliance

Failure to respond to data subject requests can result in:

• ICO complaints from customers
• Fines up to £17.5 million or 4% of annual turnover (whichever is higher)
• Reputational damage

12. Intellectual Property

12.1 Zeal Intellectual Property

Zeal retains all intellectual property rights in the Zeal Platform, software, branding, documentation, and all improvements and derivatives thereof. You receive a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the term of your subscription, solely for your internal business purposes. This license terminates automatically upon termination of these Terms.

12.2 Your Intellectual Property

You retain all intellectual property rights in your business name, logos, branding, and content used with Zeal services (e.g., in branded mobile apps). You grant Zeal a non-exclusive, royalty-free license to use your branding solely to provide the Services to you.

12.3 Feedback

If you provide feedback, suggestions, or recommendations about the Services, you grant Zeal a perpetual, irrevocable, worldwide, royalty-free license to use such feedback for any purpose, including product improvement and development, without any obligation to you.

12.4 Restrictions

Except as expressly permitted, you shall not:

• copy, reproduce, or duplicate Zeal software or materials;
• modify, adapt, translate, or create derivative works;
• reverse engineer, decompile, or disassemble any Zeal technology;
• remove or alter any proprietary notices;
• use Zeal intellectual property to develop competing products; orsublicense, sell, rent, or transfer any rights in Zeal intellectual property.

13. Limitation of Liability

13.1 Exclusion of Certain Damages

To the maximum extent permitted by law, Zeal shall not be liable for:

• indirect, incidental, special, consequential, or punitive damages;
• loss of profits, revenue, business, or anticipated savings;
• loss of data or data corruption (except as required by Applicable Data Protection Laws);
• loss of goodwill or reputation; orcost of procurement of substitute services.

13.2 Liability Cap

Subject to Section 13.3, Zeal's total aggregate liability under these Terms shall not exceed the greater of:

• fees paid by you to Zeal in the twelve (12) months immediately preceding the claim; orfive thousand pounds sterling (£5,000).

13.3 Exceptions

Nothing in these Terms limits or excludes liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• breach of Applicable Data Protection Laws (to the extent liability cannot be limited); orany other liability that cannot be excluded or limited by law.

13.4 Allocation of Risk

You acknowledge that the fees reflect the allocation of risk between the parties and that the limitations in this Section 13 are reasonable and form an essential basis of the bargain.

14. Indemnification

14.1 Your Indemnity

You agree to indemnify, defend, and hold harmless Zeal, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• your breach of these Terms;
• your violation of applicable laws;
• your loyalty program, marketing activities, or consumer communications;
• consumer complaints arising from your use of the Services;
• your infringement of any third-party intellectual property rights; oryour failure to fulfill joint controller obligations under Section 5.5 or Section 11.

14.2 Procedure

Zeal will provide you with prompt notice of any claim and reasonable cooperation in the defense. You may not settle any claim that imposes obligations on Zeal without Zeal's prior written consent.

15. Term and Termination

15.1 Term

These Terms commence upon your registration (or, for Free Tier Services, upon deployment of Zeal software to your Terminal and completion of the 30-day review period without opt-out) and continue until terminated in accordance with this Section.

15.2 Termination by You

You may terminate at any time by:

• providing thirty (30) days' written notice via the Merchant Portal or to support@getzeal.io; orcanceling your subscription through your account settings.

15.3 Termination by Zeal

Zeal may terminate:

• upon thirty (30) days' written notice for any reason (termination for convenience);
• immediately if you breach these Terms and fail to cure within fourteen (14) days of notice (where the breach is capable of cure);
• immediately for material breach not capable of cure;
• immediately if you become insolvent, enter administration, or cease trading; orimmediately if required by law, regulatory authority, or card scheme.

15.4 Effects of Termination

Upon termination:

• your access to Paid Tier Services will cease;
• all licenses granted to you under these Terms terminate;
• outstanding fees for the current billing period remain payable;
• you must honor any outstanding consumer loyalty rewards;
• Zeal will delete your account data upon request, subject to legal retention requirements; andprovisions that by their nature should survive will continue in effect (including Sections 10, 11, 12, 13, 14, and 17).

15.5 Data Export

Upon termination, you may request an export of your Merchant Data and loyalty program data (for customers enrolled in YOUR program) within thirty (30) days. After this period, Zeal may delete your data in accordance with its data retention policies and Applicable Data Protection Laws.

16. Changes to Terms

16.1 Amendments

Zeal may amend these Terms by providing thirty (30) days' notice via the Merchant Portal or email. Material changes will be clearly identified.

16.2 Acceptance of Changes

Your continued use of the Services after the effective date of changes constitutes acceptance. If you do not accept the changes, you may terminate your subscription before the changes take effect without penalty.

16.3 Notification

We will notify you of changes by email to the address associated with your account or through the Merchant Portal. It is your responsibility to maintain accurate contact information.

17. Dispute Resolution and Governing Law

17.1 Informal Resolution

Before initiating formal proceedings, you agree to contact Zeal at support@getzeal.io to attempt informal resolution. We will endeavor to respond within ten (10) business days.

17.2 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

17.3 Jurisdiction

The courts of England and Wales have exclusive jurisdiction over any dispute arising from or in connection with these Terms.

17.4 Limitation Period

Any claim arising from these Terms must be brought within two (2) years of the date on which the cause of action arose, except where a longer period is required by applicable law.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable pricing schedules, constitute the entire agreement between you and Zeal regarding the Services and supersede all prior agreements and understandings.

18.2 Assignment

You may not assign or transfer these Terms or any rights hereunder without Zeal's prior written consent. Zeal may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets. Any purported assignment in violation of this section is void.

18.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

18.4 Waiver

Failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Zeal.

18.5 No Partnership

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Zeal. Neither party has authority to bind the other.

18.6 Third Party Rights

These Terms do not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.

18.7 Force Majeure

Neither party is liable for failures or delays caused by events beyond reasonable control, including acts of God, war, terrorism, natural disasters, utility failures, or governmental action. If force majeure continues for more than ninety (90) days, either party may terminate these Terms.

18.8 Notices

Notices to Zeal must be sent to legal@getzeal.io or to our registered address. Notices to you will be sent to the email address associated with your account. Notices are deemed given when sent by email (upon confirmed delivery) or three (3) business days after posting by first-class mail.

18.9 Language

These Terms are written in English. If translated into another language, the English version shall prevail in case of conflict.

19. Contact Information

Zeal IO Limited

Registered Address: 85 Great Portland Street, First Floor, London, W1W 7LT, UK
‍Company Number: 11998285
‍General Support: support@getzeal.io
‍Opt-Out Requests: optout@getzeal.io
‍Legal Notices: legal@getzeal.io
‍Data Protection: dpo@getzeal.io
‍Privacy Enquiries: privacy@getzeal.io
‍Website: www.getzeal.io

By clicking "Accept" or "Register," or by continuing to use Free Tier Services after the 30-day review period, you confirm that you have read, understood, and agree to these Terms of Service and our Privacy Policy. You represent that you have the authority to bind your business to these Terms.