These Terms of Service (“Terms”) are an agreement between Cultmetrics Oy
(“Cultmetrics”, “we”, “us”) and the business that installs or uses
Perkbase (the “Merchant”, “you”). Perkbase (the
“Service”) runs activations – such as prize wheels, scratch cards, cup games and advent
calendars – on online stores, issues discount codes to participants and reports the revenue the
activations bring in. The Service is offered through the Perkbase app for Shopify, the Perkbase for
WooCommerce plugin and the Perkbase website.
By connecting a store, starting a free trial or otherwise using the Service, you accept these Terms. If you
accept them on behalf of a company, you confirm that you may bind that company. The Service is meant for
businesses, not for consumers.
1. Your account
Connecting a store creates your Perkbase account. Keep the store’s admin access secure; actions taken from your store’s admin are treated as yours.
Give us accurate contact and billing details and keep them up to date.
The Perkbase for WooCommerce plugin is free software licensed under the GPL (version 2 or later). These Terms cover the hosted Service the plugin connects to, not your rights to the plugin’s code.
2. Plans, trial and billing
Free plan. The Free plan costs nothing and has the features and limits shown on the pricing page.
Free trial. Paid plans start with a 7-day free trial, once per store. You can cancel during the trial and nothing is charged.
Paid plans are billed in advance, monthly or yearly, at the prices shown when you subscribe. A yearly plan is a 12-month commitment at a discount.
WooCommerce stores are billed by us through Stripe. Prices exclude VAT; VAT is added where it applies. Card details are entered on Stripe’s pages and never reach us.
Shopify stores are billed by Shopify on your Shopify invoice, under Shopify’s billing terms.
Changing plans. You can upgrade or downgrade in the app. On a monthly plan a change applies right away. On a yearly plan an upgrade applies right away, and a downgrade or a move to monthly billing takes effect at the end of the paid year. A change during the free trial ends the trial and billing starts. How a change is charged or credited is shown before you confirm it.
Monthly actions. Each plan includes a number of actions (plays and opened doors) a month. If you go over, your activations keep running; we tell you and ask you to move to a plan that fits your volume.
Price changes. We give at least 30 days’ notice by email before a new price applies to your subscription. You can cancel before it takes effect.
3. Cancellation and refunds
You can cancel any time in the app (Plans › Manage › Cancel and move to Free). A paid plan stays active until the end of the paid period and then moves to the Free plan. It does not renew. Cancelling during the free trial ends the trial at once and nothing is charged.
Payments already made are not refunded, except where the law requires it or we decide otherwise.
Disconnecting the store or removing the app or plugin does not by itself cancel a subscription billed through Stripe; cancel it in the app or by contacting us. Shopify cancels its subscription when you uninstall the app.
4. Your responsibilities
Promotion rules. You decide the prizes, odds, stock and terms of your activations, and you are responsible for them complying with the laws that apply to your store and shoppers (for example rules on lotteries, prize promotions, pricing, discounts and consumer protection), including publishing any rules or terms for participants.
Honouring prizes. Discount codes are created in your store and you honour them under the terms you set.
Shoppers’ data. For shopper data collected through your activations you are the controller and we are your processor, as set out in our Data Processing Agreement. You are responsible for your store’s privacy notice, any cookie or storage consent your storefront needs, and the marketing consent you collect and use.
Connected tools. When you connect an email marketing tool (such as Klaviyo or Mailchimp), we send it the shoppers who gave marketing consent, on your instruction; your use of that tool is under its own terms.
5. Acceptable use
Do not use the Service to:
break the law or the rights of others, or run promotions that are misleading or require a purchase where the law forbids it;
send spam or collect personal data without a lawful basis;
upload content that is unlawful, infringing or harmful;
interfere with the Service, probe it for vulnerabilities without our permission, or get around its limits or security;
resell or copy the Service, or use it to build a competing product.
We may suspend activations or an account that breaks these rules, telling you why unless the law or the risk of harm prevents it.
6. Your content and our Service
You keep all rights to the content you add (texts, images, fonts, prizes, brand). You give us the right to host, show and process it only to run the Service for you, and you confirm you may use it.
The Service, its software, designs and templates belong to Cultmetrics. You may use them while your account is active, for your own stores.
We may use anonymised, aggregated statistics that identify neither you nor any shopper to run and improve the Service.
7. Availability and changes
We work to keep the Service available and secure, but we do not promise uninterrupted or error-free
operation, and we may do maintenance. We may develop and change the Service. If a change materially
reduces what a paid plan includes, we tell you in advance and you may cancel and receive a pro-rata refund of
any prepaid time you no longer use.
8. Liability
The Service is provided “as is” to the extent the law allows.
Neither party is liable for indirect or consequential loss, such as lost profit, revenue or data, or business interruption.
Our total liability under these Terms is limited to the fees you paid us for the Service in the 12 months before the event that caused the claim.
These limits do not apply to loss caused intentionally or by gross negligence, or where the law does not allow them.
Revenue figures in the Service are reported from the orders and discount codes in your store. They are estimates of an activation’s effect, not a guarantee of results.
9. Ending the agreement
You may stop using the Service at any time. We may end these Terms with 30 days’ notice, or at once if
you materially break them and do not fix the breach after being asked. When the agreement ends, your
activations stop and your data is handled as described in our Privacy
Policy.
10. Changes to these Terms
We may update these Terms. We tell you about material changes by email or in the app at least 30 days before
they take effect. Continuing to use the Service after that means you accept the new Terms; if you do not,
you may cancel before they take effect.
11. Law and disputes
These Terms are governed by the laws of Finland, without regard to its conflict-of-law rules. Disputes are
settled in the Pirkanmaa District Court (Pirkanmaan käräjäoikeus), Finland, as the court of
first instance.
12. Contact
Cultmetrics Oy (Business ID / Y-tunnus: 3595346-9)
Perkiönkatu 33, 33900 Tampere, Finland hello@perkbase.app