01The agreement
These terms apply between Tenth Cup (“we”, “us”), registered with the Dutch Chamber of Commerce (KVK) under number 98046373, and the business that creates a Tenth Cup account (“you”, “the cafe”). By creating an account you accept them, and confirm that you’re allowed to accept them on behalf of the business.
Tenth Cup is for businesses. It isn’t sold to consumers, so consumer protection rules for distance selling don’t apply to your subscription. Our privacy policy explains how we handle personal data and forms part of these terms.
02The service
Tenth Cup lets you offer a digital stamp card that your customers keep in Apple Wallet or Google Wallet. It includes the card designer, counter codes and optional NFC stands for your locations, a dashboard for customers and rewards, and tools to message customers.
We keep improving Tenth Cup, so features may change. We won’t remove something central to how your card works without telling you in advance.
Wallet passes depend on Apple and Google, and tapping depends on your customers’ phones. We can’t control those services and aren’t responsible when they change or stop working.
03Your account
- Give us accurate details and keep them up to date, especially your billing email.
- Keep sign-in details private. You’re responsible for what happens in your account, including what team members you invite do there.
- If you think someone has accessed your account without permission, change your password straight away and remove anyone you don’t recognise from your team.
04Price and billing
- Tenth Cup costs €39.99 per location per month or €399.99 per location per year, plus VAT where it applies. The price at sign-up is shown before you pay.
- There’s no free trial. Billing starts when you sign up and renews monthly or yearly, in advance, through Stripe.
- Adding or removing a location changes your next invoice; the current month or year is adjusted proportionally.
- NFC stands cost €20 each, plus VAT where it applies, charged once when you order them. The yearly plan includes one stand per location. Counter QR is free.
- If a payment fails, we’ll let you know and you have 7 days to update your payment method. After that, cards are paused: customers keep their stamps, but no new stamps or rewards can be collected until the bill is paid.
- We may change our prices. We’ll email you at least 30 days before a change affects you, and you can cancel before it does.
05Cancelling
You can cancel at any time. Your cards keep working until the end of the month or year you’ve paid for, and we don’t refund part months or years.
After that, we keep your data for 30 days in case you come back, then delete it permanently, including your customers’ data. Export your customer list from Settings first if you want a copy.
07Your customers’ data
You are the controller of your customers’ personal data, and we process it for you as your processor. That means:
What you do
- Use customer data lawfully, and only for your own cafe’s card. Campaigns are sent as wallet notifications to people who carry your card; Tenth Cup doesn’t send marketing emails to them.
- Handle your customers’ requests to see, correct or delete their data. Our dashboard lets you export and delete customers.
- Don’t ask customers for sensitive data in your card or messages.
What we do
- Process customer data only to provide Tenth Cup and on your instructions, which these terms and your use of the dashboard set out.
- Make sure everyone at Tenth Cup with access to the data is bound by confidentiality.
- Keep the data secure with appropriate technical and organisational measures, described in our privacy policy.
- Use only the sub-processors listed in our privacy policy. We’ll tell you before adding or replacing one, and you can object or cancel if you disagree.
- Help you answer customer requests and meet your own GDPR obligations where we reasonably can.
- Tell you without undue delay, and within 48 hours of finding out, if a breach affects your customers’ data.
- Delete the data when the service ends, as described in section 5, unless the law requires us to keep it.
- Give you the information you need to show that these obligations are met, and answer reasonable audit questions.
This section is our data processing agreement under Article 28 of the GDPR.
08Your rewards and your content
The rewards, offers and messages on your card are your promise to your customers. You decide them, and you’re responsible for honouring them and for any conditions that apply. We aren’t a party to your relationship with your customers.
You keep ownership of your logo, cafe name and everything else you upload. You give us permission to use them only to run your card and show it to your customers. You confirm you have the rights to what you upload.
09Fair use
Don’t use Tenth Cup to:
- break the law, or send messages that are misleading, offensive or unwanted;
- add stamps or rewards to deceive customers or anyone else;
- attack, overload, copy or reverse-engineer the service, or get around its limits and security;
- resell or give access to Tenth Cup to another business without our written agreement.
If you break these terms seriously, or keep breaking them after we’ve asked you to stop, we may suspend or close your account. Where we can, we’ll warn you first and give you a chance to fix it.
10Liability
We work hard to keep Tenth Cup running and your data safe, but we provide the service “as is” and can’t promise it will never be interrupted.
We aren’t liable for indirect losses, such as lost profit, lost sales or lost goodwill. Our total liability to you in any 12-month period is limited to what you paid us in that period.
Nothing in these terms limits liability for intent or gross negligence, or anything else that can’t be limited by law.
11Changes and law
We may update these terms. For significant changes we’ll email you at least 30 days before they apply; if you don’t agree, you can cancel before then. The date at the top shows the latest version.
These terms are governed by Dutch law. Any dispute goes to the competent court in the Netherlands.
12If you carry a cafe’s card
Your stamp card is offered by the cafe, which uses Tenth Cup to run it. It’s free for you. The cafe decides the rewards and their conditions, and is responsible for giving them to you; Tenth Cup provides the technology.
By joining, you agree to these terms. The cafe can send notifications to the card in your wallet about your stamps, rewards and offers. You can turn them off in your phone’s wallet settings, or remove the card.
Collect stamps only when you buy something, from your own phone. The cafe can remove stamps that were collected unfairly, and can change or end its card. How your data is handled is explained in our privacy policy.