Terms of Service

(Last updated — January 2026)

1. About Us

CreatorPad, Inc. (operating as "Grapevyn") 2810 N Church St, Wilmington, DE 19802, USA Email: hello@grapevyn.com

2. Definitions

"Customer Data" means phone numbers, referral events, redemption times, and any information processed for you.

"Location" means a single physical site that displays Grapevyn QR codes.

"Trial Period" means thirty (30) calendar days beginning on the checkout date.

Other capitalized terms have meanings given elsewhere in these Terms.

3. Eligibility and Account Creation

You must be at least 18 years old, operate a lawful business in the EEA, UK, or Switzerland, not have been previously terminated from Grapevyn, and provide any identity or KYC information requested by Stripe or applicable law. Failure to pass KYC may result in suspension (see §13).

4. Free Trial, Fees, and Payment

4.1 Free Trial. Each Location receives a 30-day Trial Period at no charge.

4.2 Subscription Fees. After the Trial Period, Grapevyn charges the price displayed at checkout per month (or the equivalent for quarterly or yearly billing), plus applicable VAT or sales tax, billed in advance via Stripe.

4.3 Auto-Renewal and Cancellation. Subscriptions renew automatically until you cancel via the Stripe Customer Portal or by emailing hello@grapevyn.com. Service continues until the end of the then-current billing period.

4.4 Refunds. Monthly subscriptions are non-refundable. For quarterly or yearly subscriptions, if you cancel before the end of your billing period, you will retain access until the period ends but no partial refund will be issued.

4.5 Payment Disputes. You must dispute fees in writing within 15 days of the charge; undisputed amounts remain payable.

4.6 Late Payments. Overdue fees accrue interest at 1% per month. Grapevyn may suspend or terminate the Service for accounts more than 15 days past due.

5. The Service

5.1 Core Functions. Grapevyn provides WhatsApp-based referral links, loyalty tracking, review prompts, and promotional messaging. It verifies in-store reward redemptions by QR code or staff confirmation, and sends weekly WhatsApp performance summaries.

5.2 Uptime Target. Grapevyn targets 99.5% monthly API uptime, excluding scheduled maintenance announced at least 24 hours in advance.

5.3 Service Credit. If monthly uptime falls below 97%, you may request a service credit equal to one week of Subscription Fees for affected Locations. This credit is your sole remedy for downtime.

5.4 Support. WhatsApp or email support is available Monday–Friday 09:00–18:00 CET. Initial response time: within 2 hours for blocking issues and within 1 business day for non-blocking issues.

5.5 Beta Features. Features labelled "Beta" are provided as-is, may change or be removed at any time, and are excluded from the uptime target and service-credit program.

6. Merchant Responsibilities

6.1 Display Materials. You will print and prominently display the provided QR posters and replace them if lost or damaged.

6.2 Reward Fulfillment. You are solely responsible for honoring every reward you configure. Grapevyn is not liable for unfulfilled rewards.

6.3 Staff Training. You will ensure staff know how to verify customer reward redemptions.

6.4 Lawful Use and Contact Consent. You confirm that customers who initiate WhatsApp chats via Grapevyn have provided valid consent under GDPR/PECR for transactional WhatsApp messages. You will not request that Grapevyn send promotional SMS/WhatsApp messages without obtaining additional consent.

7. Acceptable Use and Prohibited Businesses

You agree not to:

a) circumvent phone-number or token limits, create self-referrals, or otherwise attempt reward fraud;
b) use the Service for pornography, weapons, gambling, money-laundering, or any activity illegal under EU, UK, or US law;
c) reverse-engineer, decompile, or access the Service to build a competing product;
d) upload content that infringes third-party intellectual-property or privacy rights.

8. Intellectual Property Rights

Grapevyn retains all intellectual-property rights in the Service, posters, and related materials. Merchant trademarks remain yours; you grant Grapevyn a non-exclusive, royalty-free license to display them within the Service and in private sales materials.

9. Confidentiality

Each party shall protect the other's Confidential Information with at least reasonable care and use it only to operate or receive the Service. Confidentiality obligations survive termination.

10. Data Protection and Sub-Processing (GDPR Article 28)

10.1 Roles. Merchant is the Data Controller; Grapevyn is the Data Processor.

10.2 Processor Obligations. Grapevyn will process Personal Data only on Merchant's documented instructions; implement appropriate technical and organizational security measures; assist with data-subject requests; notify Merchant of any Personal-Data breach without undue delay; and delete or return Personal Data within 30 days of account termination unless EU law requires retention.

10.3 Sub-Processors. Merchant authorizes these Sub-processors: Stripe (payments), Lovable (hosting), Supabase (database), Resend (email), OpenAI (language-model processing — no phone numbers or personal data included in prompts). Grapevyn will notify Merchant before adding others. A current list is maintained at grapevyn.com/legal/subprocessors.

10.4 Transfers. Customer Data is stored in the EU; any future transfers outside the EEA will rely on EU Standard Contractual Clauses or an adequacy decision.

11. Security and Incident Response

Grapevyn maintains industry-standard administrative, technical, and physical safeguards. Grapevyn will notify Merchant without undue delay after becoming aware of any Personal-Data Breach affecting Customer Data.

12. Warranties and Disclaimers

Each party warrants it has authority to enter these Terms. EXCEPT AS EXPRESSLY STATED, THE SERVICE — INCLUDING BETA FEATURES — IS PROVIDED "AS IS" AND "AS AVAILABLE," AND GRAPEVYN DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Limitation of Liability

Except for indemnification obligations and violations of Section 10, each party's aggregate liability is limited to the greater of €1,000 or the total fees paid by Merchant in the 12 months preceding the claim. Neither party is liable for indirect, incidental, or consequential damages.

14. Indemnification

14.1 Merchant will indemnify Grapevyn against third-party claims arising from Merchant's rewards, marketing content, or breach of Sections 6 or 7.

14.2 Grapevyn will indemnify Merchant against claims that the core Service infringes a third-party intellectual-property right, excluding claims arising from Merchant content or misuse.

15. Suspension, KYC, and Termination

Grapevyn may immediately suspend the Service for overdue fees, breach of Sections 6 or 7, emergency security risks, or failure to provide requested KYC/AML documentation. Either party may terminate for convenience with 7 days' written notice (email or WhatsApp). Sections 7–11, 13–14, and 19 survive termination. Upon termination Grapevyn will delete Customer Data per Section 10.2.

16. Modifications to Service or Terms

Grapevyn may make commercially reasonable updates to the Service at any time. Grapevyn will provide 30 days' notice of material changes to these Terms by email or WhatsApp message. Continued use after the effective date constitutes acceptance.

17. Force Majeure

Neither party is liable for failure to perform due to events beyond reasonable control, including natural disaster, epidemic, strike, or internet outage, provided the affected party uses reasonable efforts to mitigate.

18. Export and Sanctions Compliance

Merchant will not access or use the Service in embargoed countries or by sanctioned entities and will comply with EU, UK, and US export regulations.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware without regard to conflicts principles. Exclusive jurisdiction and venue lie in the state or federal courts located in New Castle County, Delaware, except either party may seek injunctive relief in any competent court.

20. Entire Agreement and Order of Precedence

These Terms, together with the Privacy Policy and Data-Processing Addendum, constitute the entire agreement and supersede all prior proposals. In case of conflict: DPA > Terms of Service > Privacy Policy.

21. Contact

CreatorPad, Inc. (operating as "Grapevyn") 2810 N Church St, Wilmington, DE 19802, USA hello@grapevyn.com