Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you confirm that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of a business or organization, you represent and warrant that you have the authority to bind that organization to these Terms, and “you” refers to both you individually and the organization.

We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 14 days before they take effect. Your continued use after such changes constitutes acceptance of the updated Terms. If you disagree with any changes, you must stop using the Service and close your account.

2. Definitions

In these Terms, the following terms shall have the following meanings:

• “Account” means a user account registered on the Service.
• “Business” or “Business Owner” means any entity that offers a loyalty programme through the Service.
• “Cashier” or “Store Operator” means an individual authorised by a Business to process transactions on the Service.
• “Customer” means an individual who participates in loyalty programmes offered by Businesses through the Service.
• “Points” or “Stamps” means the loyalty currency awarded to Customers for qualifying purchases or activities.
• “Reward” means any benefit, discount, product, or service offered to Customers in exchange for Points or Stamps.
• “User” means any individual who accesses or uses the Service, including Customers, Businesses, and Cashiers.
• “Leaderboard” means any ranking system that displays user performance or activity.
• “Challenge” means any time-limited or permanent task or goal that users can complete to earn additional rewards.

3. Description of Service

Turtle Rewards is a multi-tenant business-to-business-to-consumer (B2B2C) loyalty and rewards platform. The Service enables:

• Business Owners to create and manage loyalty programmes, stamp cards, offers, campaigns, and customer engagement tools for their businesses.
• Customers to enrol in participating stores, earn and redeem points, collect stamps, claim offers, and engage with businesses through the platform.
• Store Staff (Operators and Managers) to process transactions, award points, scan codes, and manage daily operations on behalf of the Business Owner.

4. Account Types and Responsibilities

4.1 Business Accounts

Business Owners are responsible for: the accuracy of their business information; the conduct of their staff members who access the Service; compliance with applicable laws regarding their own customers' data; the content of marketing campaigns and messages sent through the platform; and payment of subscription fees and messaging credit charges.

As a Business Owner, you act as a Data Controller for the personal data of your customers collected and processed through the Service. We act as a Data Processoron your behalf, processing customer data only as necessary to provide the Service. You must ensure you have a lawful basis for collecting and processing your customers' data and must communicate your own privacy practices to your customers.

4.2 Customer Accounts

Customers who enrol in participating stores through the platform agree to share their name, phone number, and/or email address with the respective Business Owner. Customers can manage their data preferences, unenrol from individual stores, and request deletion of their account at any time.

4.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You must immediately notify us at legal@turtlerewards.club if you suspect unauthorised access to your account. We are not liable for losses arising from unauthorised use of your account where you have failed to safeguard your credentials.

4.4 One Person, One Account

Each person may maintain only one Customer account. Businesses may create multiple Cashier accounts for their employees, but each Cashier must be a unique individual. Creating multiple accounts, sharing accounts, or accessing another User's account is prohibited and may result in termination of all associated accounts and forfeiture of Points.

5. Website Access and Availability

While we endeavour to ensure the Service is normally available 24 hours a day, we shall not be liable if for any reason the Service is unavailable at any time or for any period. We reserve the right, at our sole discretion, to modify, suspend, or discontinue any aspect of the Service, and to block access from particular IP addresses or geographic territories, at any time without notice.

You are responsible for ensuring that your device meets all relevant technical specifications necessary to use the Service.

The Service may include links to third-party websites that are not owned or controlled by us. We have not reviewed and are not responsible for these websites, their content, privacy policies, or practices. The inclusion of links does not imply endorsement. If you access any third-party website linked from the Service, you do so at your own risk.

6. Subscription Plans and Payments

Business accounts require a paid subscription after the initial trial period. Subscription details:

• Trial period: New business accounts receive a 14-day free trial with access to all features.
• Billing: Subscriptions are billed monthly or annually, as selected at checkout. All prices are displayed in the currency applicable to your region. Payments are processed securely through Pesapal.
• Messaging credits: SMS, WhatsApp, and email messaging incur per-message charges deducted from pre-purchased credit balances.
• Auto-renewal: Monthly subscriptions renew on the same day each month; annual subscriptions renew on the anniversary of activation. Renewal is automatic at the then-current standard rate for your plan and currency. We will notify annual subscribers by email at least 14 days before each renewal so you can adjust or cancel if needed.
• Cancellation: You may cancel your subscription at any time from your billing dashboard. Cancellation takes effect at the end of your current billing period — you keep access until then. Fees are non-refundable: we do not pro-rata refund partial months or unused months on annual plans, except as required by applicable consumer law.
• Failed payment: If a recurring payment fails, your account enters a 7-day grace period during which we retry the charge. If the issue is not resolved within 7 days, access is restricted until payment is received.
• Price changes: We may change subscription prices with at least 30 days' written notice before the change takes effect on your next renewal. Your right to terminate without penalty in this case is set out in section 16.

7. Loyalty Points, Rewards, and Product Offer Codes

7.1 Points and Stamps — General

Points, stamps, and rewards earned through the platform:

• Are issued and managed by the individual Business Owner, not by Turtle Rewards Limited.
• Have no cash value and cannot be exchanged for money unless explicitly stated by the Business Owner.
• May expire based on the Business Owner's configured expiry policy. You will be notified before points expire.
• May be forfeited if your account is terminated for violation of these Terms.
• Are non-transferable between different stores unless the transfer feature is enabled by the Business Owner.

Turtle Rewards Limited is not responsible for the fulfilment of rewards offered by Business Owners. Disputes regarding specific rewards should be directed to the Business Owner.

7.2 Point Adjustments and Administrative Actions

Business Owners and their authorised staff may adjust your points balance in the following circumstances:

• Adding points: A Business Owner may credit bonus points to your account as a goodwill gesture, error correction, or promotional reward.
• Deducting points: A Business Owner may deduct points from your account if: points were awarded in error; a purchase was refunded or reversed; a product offer code was redeemed but the product was returned; or fraudulent activity is suspected. You will see the deduction and reason in your transaction history.
• Setting balance: In exceptional cases (e.g., account migration, system error correction), a Business Owner may set your balance to a specific value. This is logged with a reason in the audit trail.

All point adjustments are recorded with the reason, the staff member who made the change, and a timestamp. If you believe an adjustment was made in error, contact the Business Owner directly.

7.2b Error Correction and Dispute Holds

If Points or Stamps are awarded in error (system error, cashier error, or other mistakes), we reserve the right to correct such errors by adjusting your balance. When a transaction dispute is filed:

• We may place a temporary hold on the disputed Points or Stamps. During this hold, you cannot use, transfer, or share the disputed Points.
• The hold will be removed once the dispute is resolved. You will be notified of the hold and its resolution.
• We reserve the right to reverse or claw back any transactions or rewards obtained through incorrectly awarded Points, even if you have already used or transferred them.
• This may result in a temporary negative balance in your Points account. Newly earned Points will be applied to correct the negative balance before becoming available for use.

7.2c Business Closure or Termination

If a Business terminates its participation in the Service or ceases operations:

• Points or Stamps earned at that Business may be forfeited with no compensation.
• The Business is responsible for notifying you about its termination and any impact on your Points or Stamps. Turtle Rewards Limited has no obligation to notify Customers on behalf of a departing Business.
• Points are issued by individual Businesses, not by Turtle Rewards Limited. We have no obligation to honour or compensate for Points when a Business terminates.

7.3 Welcome Bonuses and Promotional Points

Business Owners may configure a welcome bonus (a one-time credit of points) awarded automatically when you enrol in their loyalty programme. Welcome bonuses are awarded once per enrolment. If you unenrol and re-enrol, you will not receive a second welcome bonus. Business Owners may also award promotional points for completing feedback surveys, referring friends, or participating in challenges. The amount and availability of promotional points are determined solely by the Business Owner and may change without notice.

7.4 Point Transfers

Where a Business Owner enables point transfers, customers may send points to other customers enrolled in the same store. The following rules apply:

• Transfers are irreversible once completed.
• You must have sufficient points in your balance to complete the transfer. Your balance cannot go below zero.
• Both the sender and the recipient must be enrolled in the same store.
• Transferred points do not count toward VIP tier progression. Only points earned from genuine purchases contribute to your tier status.
• The Business Owner may set limits on transfer amounts or disable the feature at any time.
• Abuse of the transfer feature (e.g., transferring points between accounts you control to manipulate tiers or offers) is prohibited and may result in account suspension.

7.5 Stamp Cards

Business Owners may offer stamp card programmes where you collect stamps for qualifying purchases and earn a reward upon completion:

• Each stamp is awarded by a cashier for a qualifying transaction. Stamps cannot be self-awarded.
• When you collect the required number of stamps, you earn the specified reward (typically bonus points or a free item).
• Some stamp cards auto-renew: after you claim your reward, a new cycle begins automatically. Others require you to claim your reward before starting a new cycle.
• Stamp cards may have an expiry date. Uncollected stamps expire with the card.
• The Business Owner determines the number of stamps required, the reward, and whether the card auto-renews. These terms may change for future cycles but will not affect a cycle already in progress.

7.6 Referral Rewards

When you refer a new customer to a participating store and they enrol using your referral code, both you and the referred customer may receive bonus points as configured by the Business Owner. The referral reward amount is set by the Business Owner and may change at any time. Rewards are granted once per successful referral. The Business Owner may set a maximum number of referrals per customer. Self-referrals (referring accounts you control) are prohibited and may result in forfeiture of all referral rewards and account suspension.

7.7 Product Offer Codes

Business Owners may generate unique product offer codes (e.g., “PRD-XXXX-XXXX-XXXX”) that are distributed on physical products, packaging, receipts, or promotional materials. When a customer enters a valid code, they receive the reward (typically loyalty points) specified by the Business Owner. The following terms apply:

• Single use: Each code can only be redeemed once. Once a code has been redeemed, it cannot be used again by any person.
• Tenant-specific: Codes are valid only for the business that issued them. A code from one business cannot be redeemed at another business.
• Expiry: Codes may have an expiration date set by the Business Owner. Expired codes cannot be redeemed and no compensation is owed.
• No cash value: Codes and the rewards they unlock have no monetary value and cannot be exchanged for cash, resold, or transferred.
• Verification required: You must have a valid account and be enrolled in the issuing business's loyalty programme to redeem a code.
• Fraud and misuse: The following are prohibited and may result in account suspension, forfeiture of points, and legal action: sharing, selling, or publicly posting codes intended for individual use; using automated tools to guess, generate, or brute-force codes; counterfeiting or reproducing codes; redeeming codes obtained through theft or deception; and coordinating with others to exploit codes or rewards.
• Voided codes: Business Owners may void unused codes at any time. If a product is returned or refunded after its code has been redeemed, the Business Owner may deduct the corresponding points from your balance.

7.8 Technical Issues and Disputes

While we strive for reliable code processing:

• Failed redemptions: If a valid code fails to redeem due to a technical error on our platform, contact us at legal@turtlerewards.club with the code and a description of the error. We will investigate and, where the error is confirmed on our side, manually credit the reward.
• Reward disputes: The reward value, type, and availability are determined solely by the Business Owner. Disputes about what a code entitles you to should be directed to the Business Owner, not Turtle Rewards Limited.
• Code accuracy: Turtle Rewards Limited does not guarantee the accuracy of information printed on physical products or promotional materials by the Business Owner. If a code is misprinted, illegible, or missing, contact the Business Owner directly.
• Platform liability: Our liability is limited to ensuring the platform correctly processes valid codes. We are not liable for: the quality, safety, or legality of products to which codes are attached; the Business Owner's decision to change, cancel, or modify an offer after codes have been distributed; or losses arising from codes obtained or used in violation of these Terms.

7.9 Business Owner Responsibilities for Codes

Business Owners who use the product offer code feature are responsible for: the secure distribution of codes on their products and materials; clearly communicating redemption terms, expiry dates, and reward values to end customers; ensuring that codes are not distributed in a misleading or deceptive manner; honouring the rewards associated with codes they have issued; and complying with all applicable consumer protection laws in the jurisdictions where their products are sold.

8. Acceptable Use

You agree not to:

• Create multiple accounts to abuse referral bonuses, welcome offers, or other promotional features.
• Manipulate points balances, stamp counts, or loyalty tiers through automated scripts, bots, or coordinated activity.
• Send spam, phishing, or misleading content through the platform's messaging features.
• Attempt to access data belonging to other tenants, users, or businesses.
• Reverse-engineer, decompile, or attempt to extract source code from the Service.
• Use the Service in violation of any applicable law or regulation.

We reserve the right to suspend or terminate accounts that violate these Terms, with or without notice, depending on the severity of the violation. Where practicable, we will provide notice and an opportunity to remedy the violation.

9. Intellectual Property

All rights, title, and interest in the Service, including software, design, trademarks, and documentation, are owned by Turtle Rewards Limited. You are granted a limited, non-exclusive, non-transferable licence to use the Service for its intended purpose during your subscription.

Content you upload (logos, campaign messages, customer data) remains your property. You grant us a licence to process and display this content solely to provide the Service.

10. AI-Powered Features

The Service uses artificial intelligence (powered by OpenAI) to provide the following features. By using these features, you acknowledge and agree:

10.1 Business Insights and Analytics

AI analyses aggregated business data (transaction volumes, customer segments, engagement trends) to generate actionable insights. No individual customer names, emails, or phone numbers are sent to OpenAI. Insights are generated from statistical summaries only.

10.1b AI Chat for Business Owners

Business Owners can ask questions about their business data using a natural language chat interface. Your messages and relevant business context are sent to OpenAI to generate responses. Do not include sensitive personal information, passwords, or financial credentials in chat messages. Chat history is retained for session continuity but is not used to train AI models. AI responses are informational and may be inaccurate.

10.2 Churn Prediction

AI models assess customer engagement patterns to predict which customers are at risk of disengagement. These predictions are probabilistic estimates, not certainties. Businesses should not use churn scores as the sole basis for decisions that materially affect individual customers.

10.3 WhatsApp Conversational Assistant

Customers can interact with an AI-powered assistant via WhatsApp to check balances, browse offers, redeem codes, and get referral links. Regarding this feature:

• Conversations are processed by OpenAI to understand intent and generate responses. Message content is sent to OpenAI but customer names are anonymised before transmission.
• Conversation history is stored for up to 180 days to provide context in follow-up messages and improve service quality.
• The assistant can look up your points balance, list available offers, and validate product codes, but cannot modify your account, transfer points, or make payments.
• AI responses may occasionally be inaccurate. The assistant will direct you to a human agent for complex queries.

10.4 General AI Disclaimers

• AI-generated content is provided “as is” for informational purposes only, without warranty of accuracy, completeness, or fitness for any particular purpose.
• We are not liable for business decisions made in reliance on AI-generated insights or predictions.
• We do not use your data to train AI models. Data sent to OpenAI is processed under their API terms, which prohibit use of API inputs for model training.
• You may opt out of AI-powered features by contacting legal@turtlerewards.club. Core platform functionality (points, stamps, offers) does not require AI.

10b. Communications and Messaging

Campaigns and Bulk Messaging

Business Owners may send marketing campaigns via SMS, WhatsApp, email, and push notifications to their enrolled customers. Business Owners are solely responsible for the content of their campaigns and must comply with applicable anti-spam and consumer protection laws. Turtle Rewards Limited is not liable for misleading, offensive, or unlawful content sent by Business Owners through the platform.

Automated Messages

Business Owners may configure automated messages triggered by events (e.g., enrolment, inactivity, tier changes). These automated messages are sent on behalf of the Business Owner, who remains responsible for their content and frequency. Customers may opt out of non-transactional messages at any time.

Push Notifications

If you enable push notifications, we collect a device token to deliver notifications to your device. You can disable push notifications at any time through your device settings or notification preferences in the app.

10c. Additional Features

Referral Programme

When you share a referral link or code, you are inviting another person to join a loyalty programme. You must only share referral links with people you know personally and who you reasonably believe would welcome the invitation. Mass distribution of referral links, unsolicited messaging, or using referral links in paid advertising without the Business Owner's consent is prohibited.

Gamification (Challenges, Achievements, Leaderboards)

Businesses may create challenges and achievements for their customers. Leaderboards may display your first name and tier to other customers enrolled in the same store. If you do not wish to appear on leaderboards, contact the Business Owner to request exclusion.

QR Code Scanning

When you scan a QR code or have your code scanned by a cashier, we may record the approximate location and device information of the scan for fraud prevention and analytics purposes. This data is disclosed in our Privacy Policy.

Feedback and Surveys

Business Owners may invite you to complete feedback surveys through the platform. Your responses are shared with the Business Owner who created the survey. Survey responses may be used to calculate satisfaction scores (e.g., NPS) displayed in the Business Owner's dashboard.

Third-Party Integrations (Shopify, WooCommerce, POS)

Business Owners may connect their online stores or POS systems to the platform. When connected, purchase data (order totals, product information) may flow from the third-party system into Turtle Rewards to award loyalty points. The Business Owner is responsible for obtaining any necessary consent from their customers for this data sharing. We process integration data solely to provide the loyalty service.

Webhooks and Developer API

Business Owners may configure webhooks that send real-time event data (e.g., new enrolments, point transactions) to their own external servers. Business Owners are responsible for the security of their webhook endpoints and for any onward processing of data they receive. API keys provide programmatic access to the Service subject to the same terms, permissions, and rate limits as the web interface.

Custom Branding (Whitelabel)

Business Owners may customise the appearance of their loyalty programme with logos, colours, and custom CSS. Business Owners are responsible for ensuring their custom content does not infringe third-party intellectual property rights or contain malicious code. We reserve the right to remove custom content that violates these Terms.

Support Tickets

When you submit a support ticket, the content you provide (including any personal information in the description) is shared with the relevant Business Owner's staff for resolution. Support ticket content is retained for the duration specified in our data retention policy.

Data Exports and CSV Downloads

Business Owners may export customer data (including names, contact details, points balances, and transaction history) as CSV files for offline record-keeping, reporting, or migration purposes. Campaign recipient lists may also be exported. Business Owners are the Data Controller for exported data and are responsible for its secure handling, storage, and disposal in accordance with applicable data protection laws.

Bulk Customer Enrolment

Business Owners may enrol customers individually or in bulk (e.g., by importing a CSV file). When enrolling customers in bulk, the Business Owner warrants that they have a lawful basis for processing the personal data of each customer being enrolled, including having obtained any necessary consent. Turtle Rewards Limited is not responsible for verifying the lawfulness of bulk-enrolled customer data.

Account Merging

In cases of duplicate customer accounts, a platform administrator may merge two accounts into one. When accounts are merged, the transaction history, points balance, and loyalty data from both accounts are combined into the primary account. The secondary account is anonymised. Account merging is performed only by authorised administrators and is logged in the audit trail.

Platform Administration and Impersonation

Turtle Rewards Limited platform administrators may, for support, debugging, or security purposes, access your account data or temporarily view the platform as you see it (impersonation). Impersonation sessions are read-only — no changes can be made to your account during impersonation. All impersonation sessions are logged with the administrator's identity, the time, and the reason. Impersonation tokens expire after 30 minutes.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied.
• We shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of the Service. This includes (but is not limited to) loss of profits, loss of revenue, loss of business opportunity, loss of data, loss of goodwill, loss of anticipated savings, or business interruption — even if we were advised of the possibility of such damages.
• Our total aggregate liability arising under or in connection with these Terms — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the greater of: (a) the amount you paid to us in the 12 months immediately preceding the event giving rise to the claim, or (b) KSH 10,000.
• We are not liable for actions or omissions of Business Owners, including their failure to honour rewards or protect customer data.

Nothing in these Terms excludes or limits liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; gross negligence or wilful misconduct; or any other liability that cannot lawfully be excluded or limited under the laws of Kenya.

12. Indemnification

You agree to indemnify, defend, and hold harmless Turtle Rewards Limited and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: your use of the Service; your violation of these Terms; your violation of any third-party rights; or content you submit through the Service, including marketing campaigns and customer communications.

12b. Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms — other than the obligation to pay money already owed — to the extent caused by events beyond that party's reasonable control. These events include (without limitation):

• acts of God, natural disasters, fire, flood, or extreme weather;
• war, terrorism, civil unrest, or government action (including internet shutdowns or restrictions imposed by national authorities);
• epidemics, pandemics, or public health emergencies;
• failure or interruption of national power, fibre, or mobile network infrastructure;
• outages or failures of upstream payment providers (M-Pesa / Daraja, Pesapal, Stripe), messaging providers (HostPinnacle, Gupshup, Resend), or cloud-hosting providers used to deliver the Service;
• cyber-attacks, distributed denial of service attacks, or zero-day vulnerabilities in third-party software we depend on.

The affected party will notify the other party as soon as reasonably practicable and will use reasonable efforts to resume performance. If a force majeure event continues for more than 30 consecutive days, either party may terminate the affected portion of the Service on written notice without penalty, and we will refund any pre-paid fees for the unused period.

12c. Confidentiality

Each party may receive non-public information from the other party in connection with the Service — for example, our pricing, product roadmap, and platform internals; or your business performance data, customer lists, and financial figures. Each party agrees to:

• use the other party's confidential information only for the purpose of performing this Agreement;
• protect that information using at least the same degree of care it uses to protect its own confidential information (and never less than reasonable care);
• not disclose it to any third party except to employees, contractors, advisors, or sub-processors who have a need to know and are bound by equivalent confidentiality obligations.

These confidentiality obligations survive termination of this Agreement for three (3) years. Trade secrets remain protected for as long as they retain trade secret status under applicable law. Information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party without restriction, or is independently developed without reference to the disclosing party's information, is not subject to these confidentiality obligations.

Either party may disclose confidential information if required by law, court order, or competent regulator (such as the Office of the Data Protection Commissioner of Kenya), provided that — where lawful — it gives the other party prompt written notice and reasonable opportunity to object.

12d. Use of Customer Name and Logo

With your prior written consent (which may be given by email or via your account dashboard, and may be revoked at any time), Turtle Rewards Limited may use your business name, logo, and a brief description of your loyalty programme in its marketing materials — including the “Trusted by” section of our website, customer logo bars, sales presentations, pitch decks, and case studies.

Any case study that quotes specific business metrics (transaction volumes, retention figures, revenue uplift, etc.) will be drafted in collaboration with you and published only after you approve the final text.

You may withdraw consent at any time by contacting hello@turtlerewards.club. On withdrawal, we will remove your name and logo from new marketing materials within a reasonable period; we are not obliged to recall printed materials already distributed or to edit case studies already published in third-party publications.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising under these Terms shall be resolved as follows:

• Informal resolution: The parties shall first attempt to resolve disputes amicably by contacting legal@turtlerewards.club.
• Mediation: If informal resolution fails within 30 days, the dispute shall be referred to mediation under the Nairobi Centre for International Arbitration.
• Courts: If mediation fails, disputes shall be submitted to the exclusive jurisdiction of the courts of Kenya.

14. International Users

The Service is operated from Kenya and is primarily intended for users in Kenya and East Africa. If you access the Service from other jurisdictions, you do so at your own initiative and are responsible for compliance with local laws.

14.1 European Economic Area, United Kingdom, and Switzerland

Although we do not specifically target EU/EEA residents, we apply the principles of the General Data Protection Regulation (GDPR) and the UK GDPR as a matter of best practice. If you are located in the EU/EEA or UK:

• Your personal data is processed on the legal bases described in our Privacy Policy (contract performance, legitimate interest, and consent).
• You have the right to access, rectify, erase, port, and restrict processing of your personal data as described in our Privacy Policy.
• Data transfers from the EU/EEA to Kenya and the United States (where our infrastructure is hosted) are protected by appropriate safeguards including contractual clauses with our service providers.
• You may lodge a complaint with your local data protection authority.

14.2 United States — California

If you are a California resident, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) may apply to you. In addition to the rights described in our Privacy Policy:

• We do not sell your personal information as defined by the CCPA/CPRA.
• We do not use or share your sensitive personal information for purposes other than those permitted under the CCPA/CPRA.
• You have the right to know what personal information we collect, request deletion, and opt out of any future sale (though none occurs).
• We will not discriminate against you for exercising your CCPA/CPRA rights.

14.3 Other Jurisdictions

We comply with the Kenya Data Protection Act, 2019, which is aligned with international data protection standards. If your local laws provide additional rights beyond those described in these Terms and our Privacy Policy, we will honour those rights to the extent required by applicable law. Contact legal@turtlerewards.club to exercise jurisdiction-specific rights.

15. Termination

Either party may terminate the agreement:

• By you: You may close your account at any time through your account settings or by contacting us.
• By us: We may suspend or terminate your account for violation of these Terms, non-payment, or if required by law.
• Automatic termination on insolvency: This Agreement terminates automatically and immediately, without further notice, if you: (a) become insolvent or unable to pay your debts as they fall due; (b) make any arrangement or composition with your creditors; (c) have a receiver, administrator, or liquidator appointed over any of your assets; (d) file for bankruptcy or have a winding-up petition presented against you under the Insolvency Act 2015 of Kenya or any equivalent legislation in your jurisdiction; or (e) cease, or threaten to cease, carrying on business. We may also terminate immediately on written notice if we reasonably believe any of these events is imminent.

Upon termination: Business Owners may request a data export within 30 days; after 30 days, data will be deleted in accordance with our retention policy; any outstanding payment obligations survive termination.

16. Changes to the Service and to These Terms

16.1 Changes to the Service

We may modify, add to, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice of material changes that affect your use of the Service. We are not liable for any modification, suspension, or discontinuation of the Service.

16.2 Changes to These Terms

We may update these Terms from time to time — for example, to reflect new product features, changes in applicable law, or changes in our sub-processors or pricing. When we make changes we believe are material to your rights or obligations, we will:

• notify you by email (to the address on your account) and display an in-app notice at least 30 days before the change takes effect;
• describe what is changing and why, in plain language;
• publish the updated Terms with a new “Last updated” date.

If you do not accept a material change, you may terminate your subscription at any time within 30 days after the change takes effect, by writing to hello@turtlerewards.club or cancelling from your billing dashboard. In that case, we will refund any fees you have pre-paid for the unused portion of your current billing period, and the change will not apply to you for the remainder of that period. Continued use of the Service after a material change takes effect constitutes acceptance of the updated Terms.

Non-material changes (such as clarifications, typographical corrections, or updates to contact details) may take effect immediately on publication without separate notice.

17. Miscellaneous

17.1 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be struck and the remaining provisions shall remain in full force and effect.

17.2 Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of our assets, without your consent.

17.3 No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to exercise or enforce any right or provision shall not constitute a waiver of that right or provision.

17.4 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, Data Processing Agreement, Staff & Cashier Policy, and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Turtle Rewards Limited concerning the Service and supersede all prior agreements.

17.5 Class Action Waiver

Any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. There shall be no right or authority for any dispute to be arbitrated or litigated on a class action basis.

17.6 Language

These Terms are entered into in the English language, which shall be controlling. Any translations are for convenience only.

18. Contact Us

If you have questions about these Terms, please contact us: