Terms of Service
Last updated: January 30, 2026
Welcome to CHCKN
These Terms of Service ("Terms") govern your access to and use of CHCKN's platform, website, and services. By creating an account or using our services, you agree to these Terms.
CHCKN Inc. ("CHCKN," "we," "us," or "our") provides a customer loyalty and engagement platform that helps businesses build and manage digital loyalty programs, send campaigns, and engage with their customers.
1. Acceptance of Terms
By accessing or using CHCKN, you confirm that:
You are legally capable of entering into binding contracts
You are at least 13 years old (or the age of majority in your jurisdiction, whichever is higher)
You agree to be bound by these Terms and our Privacy Policy, Acceptable Use Policy, and Data Processing Agreement
If you are using CHCKN on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms, and "you" refers to that organization.
2. Changes to Terms
We may update these Terms from time to time. When we do, we will update the "Last Updated" date and notify you by email or through a notice on our platform. Your continued use of CHCKN after changes take effect means you accept the updated Terms.
If you don't agree with the changes, you must stop using CHCKN and may terminate your account.
3. Definitions
"Services" means CHCKN's loyalty platform, including the website, mobile applications, digital wallet integrations, campaign tools, analytics, and any related services we provide.
"Merchant" means a business that subscribes to CHCKN to create and manage loyalty programs.
"Member" means a customer who joins a Merchant's loyalty program through CHCKN.
"Account" means the account you create to access our Services.
"Content" means any text, images, data, information, or other materials uploaded to or generated through the Services.
"Loyalty Program" means a rewards program created by a Merchant using CHCKN's platform.
"Campaigns" means email, SMS, or push notification messages sent by Merchants to their Members through CHCKN.
4. Our Services
What CHCKN Provides:
CHCKN offers tools for businesses to:
Create and manage digital loyalty programs
Issue and track stamps, points, and rewards
Send email campaigns, SMS messages, and push notifications to Members
Generate digital loyalty cards for Apple Wallet
Analyze customer engagement and loyalty program performance
Manage customer relationships and communications
Service Availability
We work hard to keep CHCKN running smoothly, but we don't guarantee that the Services will always be available without interruption. Services may be temporarily unavailable due to:
Scheduled maintenance
Technical issues
Circumstances beyond our reasonable control (internet outages, server failures, acts of nature, etc.)
We are not liable for any downtime, service disruptions, or data loss that may occur.
Service Changes
We may add, modify, or discontinue features of the Services at any time. We will make reasonable efforts to notify you of significant changes, but we are not obligated to maintain any particular feature indefinitely.
Loyalty Program Changes
Merchant Discretion: Merchants control their loyalty programs. Stamps, points, rewards, and promotional offers may be added, removed, or modified at any time by the Merchant.
Merchant Departure: If a Merchant stops using CHCKN, their loyalty program will no longer be available. We are not responsible for any unredeemed stamps or rewards if a Merchant leaves the platform.
Member Data: If a Merchant leaves CHCKN, we may transfer Member data to the Merchant or delete it according to the Merchant's instructions and applicable law.
Apple Wallet Compatibility
Digital loyalty cards are compatible with Apple Wallet and Google Wallet. It is your responsibility to maintain your digital wallet. We are not responsible for lost or deleted wallet passes.
5. Accounts and Access
Creating an Account
To use CHCKN as a Merchant, you must create an account by providing accurate and complete information, including:
Business name and contact information
Email address
Payment information (processed by Stripe)
Members may create accounts or join loyalty programs through Merchant invitation, in-store signup, or online registration.
Account Security
You are responsible for:
Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately if you suspect unauthorized access
We are not liable for any loss or damage resulting from unauthorized use of your account.
Account Termination by You
You may terminate your account at any time by contacting us at support@chckn.app. Merchants who terminate will lose access to all data and content in their account. Subscription fees are non-refundable except as required by law.
Account Termination by Us
We reserve the right to suspend or terminate your account if:
You violate these Terms or our Acceptable Use Policy
Your account is associated with fraudulent activity
Your payment fails or your account is overdue
We are required to do so by law
We decide to discontinue the Services (with reasonable notice)
6. Fees and Payments
Subscription Fees
CHCKN is provided on a subscription basis. Subscription plans, pricing, and billing terms are described on our website and in your account dashboard.
Billing: Fees are billed in advance on a recurring basis (monthly or annually, depending on your plan)
Auto-Renewal: Your subscription automatically renews at the end of each billing period unless you cancel before the renewal date
Price Changes: We may change pricing for renewals with at least 30 days' notice
No Refunds: Subscription fees are non-refundable except as required by law or as specified in your subscription agreement
Payment Processing
All payments are processed by our payment provider, Stripe. You agree to provide accurate and complete payment information and to promptly update it if it changes.
Late Payments
If your payment fails or your account becomes overdue, we may suspend your access to the Services until payment is received. Late payments may be subject to interest charges at the rate of 1.5% per month or the maximum rate allowed by law, whichever is less.
Taxes
Fees are exclusive of taxes. You are responsible for all applicable sales, use, value-added, and similar taxes. We will add applicable taxes to your invoice if required by law.
7. Data and Privacy
Your Data
As between you and CHCKN:
Merchants retain ownership of all Member data, campaign content, and business information submitted to the Services
Members retain ownership of their personal information
By using the Services, you grant CHCKN a license to use, store, and process your data solely to provide the Services and as described in our Privacy Policy.
Data Processing Agreement
All data processing activities are governed by our Data Processing Agreement, which is incorporated into these Terms. Merchants are the data controllers, and CHCKN is the data processor for Member data.
Data Security
We implement reasonable security measures to protect your data, as described in our Privacy Policy. However, no system is perfectly secure, and we cannot guarantee the security of your data.
Data Backup and Storage
CHCKN is not a backup or archiving service. You are responsible for maintaining your own backups of important data. We may delete data associated with terminated accounts at any time.
8. Acceptable Use
You must use CHCKN in compliance with all applicable laws and our Acceptable Use Policy.
You agree not to:
Use the Services for any illegal purpose or in violation of any laws
Send spam, unsolicited messages, or misleading communications
Violate anti-spam laws including CAN-SPAM Act and TCPA
Collect or use Member data without proper consent
Harass, threaten, or abuse other users
Upload malware, viruses, or malicious code
Attempt to hack, disrupt, or interfere with the Services
Reverse engineer, decompile, or attempt to extract source code
Resell or redistribute the Services without authorization
Use the Services to compete with CHCKN
Violations may result in immediate account suspension or termination.
9. SMS, Email, and Push Notifications
Merchant Obligations
If you use CHCKN to send campaigns, you agree to:
Obtain proper consent from Members before sending messages
Provide clear opt-out instructions in every message
Comply with CAN-SPAM Act, TCPA, CASL (Canadian Anti-Spam Law), and all applicable regulations
Honor opt-out requests promptly
Not send misleading, deceptive, or fraudulent messages
Include your business identity in all messages
Member Rights
Members can opt out of communications at any time by:
Email: Clicking the unsubscribe link in any email
SMS: Replying STOP to any SMS message
Push Notifications: Disabling notifications in device settings
Standard message and data rates may apply for SMS messages.
CHCKN's Role
CHCKN provides the tools to send campaigns but is not responsible for the content of messages sent by Merchants. Merchants are solely responsible for compliance with all applicable laws and regulations.
10. Intellectual Property
CHCKN's IP
All intellectual property rights in the Services, including software, design, trademarks, logos, and content created by CHCKN, are owned by CHCKN or our licensors. These Terms do not grant you any ownership rights in CHCKN's intellectual property.
You may not:
Copy, modify, or create derivative works of the Services
Use CHCKN's trademarks without permission
Remove or alter any proprietary notices
Your Content
You retain ownership of all content you upload to CHCKN. By uploading content, you grant CHCKN a non-exclusive, worldwide, royalty-free license to use, store, display, and process your content solely to provide the Services.
You represent and warrant that:
You own or have the rights to all content you upload
Your content does not violate any third-party rights
Your content complies with these Terms and applicable laws
Feedback
If you provide feedback, suggestions, or ideas about CHCKN, we may use them without any obligation to compensate you. You grant us all rights necessary to incorporate and use your feedback in the Services.
11. Third-Party Services
CHCKN integrates with third-party services, including:
Payment processors (Stripe)
Email delivery services
SMS gateways
Analytics providers
Cloud hosting providers
We are not responsible for third-party services or their content, policies, or practices. Your use of third-party services is subject to their terms and conditions.
Links to third-party websites are provided for convenience only and do not constitute an endorsement.
12. Warranties and Disclaimers
Limited Warranty
We warrant that the Services will substantially conform to our published documentation under normal use. If the Services fail to meet this warranty, we will use reasonable efforts to correct the issue or, if we cannot correct it, you may terminate your subscription and receive a prorated refund for the unused portion.
This warranty does not apply if:
The issue is caused by misuse, unauthorized modifications, or third-party software
You are using a free trial or beta version
The issue is reported more than 30 days after you first noticed it
Disclaimer
EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHCKN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF CONTENT OR DATA
WE DO NOT WARRANT THAT:
The Services will meet your specific requirements
Any errors or defects will be corrected
The Services will be compatible with all devices or systems
Your data will be completely secure from unauthorized access
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
No Consequential Damages
CHCKN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:
Lost profits or revenue
Loss of data or business opportunities
Damage to reputation or goodwill
Service interruptions or downtime
Any damages arising from third-party conduct
This limitation applies even if we have been advised of the possibility of such damages.
Liability Cap
CHCKN'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:
$100 CAD, OR
The amount you paid to CHCKN in the 12 months preceding the claim
Exceptions
These limitations do not apply to:
Our indemnification obligations
Your payment obligations
Liability that cannot be limited by law
14. Indemnification
You agree to indemnify, defend, and hold harmless CHCKN, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
Your use of the Services
Your violation of these Terms or applicable laws
Your content or campaigns
Your infringement of any third-party rights
Any Member complaints or claims related to your loyalty program or campaigns