Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your use of Drawcard, provided by One Inch Punch, a division of Bryton Interactive, LLC ("Company," "we," "us," or "our"). By using our website, our staff application, or our NFC card services, you agree to these Terms.

These Terms are between us and your business. They are not a contract with the people you give cards to, or with anyone who taps one.

Description of Service

Drawcard is a referral system built on physical NFC cards. In outline:

• We print and encode NFC cards carrying your artwork
• You give those cards to customers you choose ("advocates")
• An advocate shares a card; someone taps it with a phone and sees an offer you published
• That person claims a code and redeems it with you, in person
• You see which advocate sent them

Each card is encoded once, with a single permanent address, and is never rewritten. What that address resolves to (a specific offer, your landing page, or a URL of your choosing) is a setting you control and can change at any time. The card in someone's wallet keeps working.

Account Terms

Registration

Accounts are provisioned by us for a business, and access is granted to named people at that business. There is no public self-service signup. You are responsible for the accuracy of the information you give us and for telling us when someone should no longer have access.

Account Responsibility

You are responsible for everything done under your account, including by your staff. Tell us promptly if you believe an account has been compromised.

Advocate Information

To give someone a card, you give us their name and, usually, their email address. Those are real people who have no account with us and have agreed to nothing with us. This section is the most important one in this document.

You warrant that:

• you have a genuine relationship with each person whose details you enter, and the right to give us those details
• that person knows they are receiving a card from you, and would not be surprised to hear from you about it
• you are not uploading a purchased list, a scraped list, or contacts from another business

We send an advocate a short message when you hand them a card, and again if you send them a thank-you. We send nothing else, and we never market to your advocates on our own behalf or anyone else's. If an advocate asks us to stop, we will stop and tell you.

We may suspend an account we reasonably believe is uploading contacts it has no relationship with. That is not a commercial judgment; it is the one behaviour that would make this product a nuisance to people who never asked to be part of it.

Your Offers

You write your offers and you honour them. We display what you publish and we issue the codes; we do not fund, underwrite, or guarantee any discount, gift, or service you offer, and we are not a party to what happens when someone walks in with a code.

You are responsible for making sure your offers are lawful and accurate, that their terms and any exclusions are stated on the offer itself, and that they comply with any rules covering your profession. For regulated services those rules may restrict what you are permitted to offer for a referral at all. Checking that is your responsibility, not ours.

Pausing or changing an offer takes effect immediately. Codes already issued remain valid, and we recommend honouring them; a refusal at your counter is a conversation between you and your customer.

Acceptable Use

Permitted Uses

Use Drawcard to run referrals for your own business, with people who actually know you.

Prohibited Uses

• Uploading contacts you have no relationship with
• Pointing a card at content that is unlawful, deceptive, or malicious
• Publishing an offer you do not intend to honour
• Attempting to attribute referrals to an advocate who did not earn them
• Probing, scraping, or attempting to access another business's data
• Reselling access to your account

Cards, Orders and Payment

Purchasing

Cards are manufactured to order and are non-returnable once printed, because they carry your artwork and your encoding. A card with no printed design is still a manufactured card and is priced the same as a printed one, because the cost is in the blank stock, the chip, and the encoding, not the ink.

Subscription

Access to Drawcard is sold as a subscription, billed in advance for the period shown at the time of purchase. Fees are non-refundable except where required by law or where we have failed to provide the service. You may cancel at any time, effective at the end of the current period.

Shipping and Delivery

We ship to the address you give us. Delivery estimates are estimates. Risk passes on delivery.

Defects

If cards arrive damaged, mis-printed, or fail to read, tell us within 30 days and we will replace them.

Service Management

Availability

We aim to keep the tap path available continuously, because a card that does not resolve is a card that failed in someone's hand. We do not guarantee uninterrupted service, and we may take the service down for maintenance.

Content Moderation

We may remove or refuse to resolve a destination that we reasonably believe is unlawful, deceptive, or harmful to the person tapping.

Intellectual Property

Our Rights

Drawcard, the software, and our brand are ours. These Terms grant you a right to use the service, not ownership of any part of it.

Your Rights

Your artwork, your logo, your offer copy and your customer data remain yours. You grant us only the licence needed to print your cards and operate the service, to reproduce your artwork on the cards you order and to display your content to people who tap them.

Privacy

Our handling of personal information is described in our Privacy Policy. For the information you give us about your advocates and customers, you are the controller and we process it on your instructions.

Disclaimers and Limitations

Service Disclaimers

The service is provided "as is". We do not warrant that any particular number of taps, claims, redemptions, or new customers will result from using it.

Limitation of Liability

To the fullest extent permitted by law, our aggregate liability arising out of or relating to the service is limited to the amounts you paid us in the twelve months before the claim. We are not liable for indirect, incidental, or consequential damages, or for lost profits or lost goodwill.

Third-Party Services

We rely on third parties for hosting, email delivery, payments, and shipping. We are not responsible for their acts or omissions beyond our reasonable control.

Termination

Your Rights

You may cancel at any time, effective at the end of the current period.

Our Rights

We may suspend or terminate an account for breach of these Terms, with notice where practical and immediately where the breach is causing harm.

Effect of Termination

On termination your cards stop resolving and codes stop being issued. You may export your advocate and redemption data for 30 days, after which we delete it in the ordinary course. Cards you have already paid for remain your property as objects; they will no longer resolve to an offer.

Changes to Terms

We may update these Terms. For material changes we will give notice by email to the address on your account before they take effect. Continuing to use the service after that constitutes acceptance.

Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict of laws rules.

Dispute Process

Before filing anything, contact us and give us 30 days to resolve it. Most problems are a phone call.

Venue

Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Gwinnett County, Georgia, and both parties consent to that jurisdiction.

General Terms

Entire Agreement

These Terms and the Privacy Policy are the entire agreement between us about the service.

Severability

If any provision is unenforceable, the rest remains in effect.

Assignment

You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Force Majeure

Neither party is liable for failures caused by events beyond its reasonable control.