1. Introduction

These Terms & Conditions ("Terms") govern the relationship between Karibou Limited (UK) ("Karibou", "we", "our", "us"), operating the OutTonight Loyalty App (the "App" / "Platform"), and subscribing businesses ("Business", "you").

By subscribing to our services, you enter into a contract with Karibou Limited and agree to these Terms.

2. Eligibility

• You must be a legally registered business entity.
• You must be authorised to enter into contracts and use the Platform for commercial purposes.

3. Subscription & Payments

• Access to the Platform is subject to a subscription fee as agreed at signup.
• Payments are securely processed via Stripe.
• Fees are non-refundable except where required by law.
• Failure to pay may result in suspension or termination of your account.

4. Use of the Platform

• You may create and manage promotions, track customer check-ins, and view analytics.
• You must ensure that all promotions and offers comply with applicable laws (e.g., advertising, food safety, alcohol licensing).
• You are solely responsible for honouring rewards, offers and events you advertise through the App.

5. Business Responsibilities

• Provide accurate and up-to-date business information.
• Treat customers fairly and in compliance with consumer protection laws.
• Ensure compliance with all local regulations (health, safety, tax, etc.).

6. Intellectual Property

• Businesses retain ownership of their logos, images, and content.
• By uploading content to the App, you grant Karibou a non-exclusive licence to use it within the Platform and associated marketing channels to promote your venue.
• Businesses agree to indemnify Karibou against any 3rd party claims to logos, images and content supplied by the Business to Karibou for use.
• Karibou retains rights to all End User data, including (but not limited to) reservations, transaction records, location data, dining habits, location based data, check ins and any other data accumulated through the use of the platform.
• Karibou retains all intellectual property rights to the platform, its design, code, 3rd party content and processes.
• Businesses may (at additional cost) use Karibou data for marketing purposes, however, Karibou shall not provide the business directly with such data (e.g., user data, email addresses, names, preferences, etc.). Karibou shall manage on the Business's behalf any and all marketing efforts where Karibou has been contracted to do so.

7. Limitation of Liability

• The OutTonight Loyalty App is provided "as is" without warranty.
• Karibou is not liable for any business losses (including but not limited to loss of profit, revenue, reputation, or customers) arising from your use of the Platform.

8. Termination

• You may cancel your subscription at any time in accordance with your plan.
• Karibou may suspend or terminate your account for non-payment, unlawful activity, or breach of these Terms.

9. Changes to These Terms

We may update these Terms from time to time. Any material changes will be communicated to you. Continued use of the Platform after such updates constitutes acceptance of the new Terms.

10. Governing Law

These Terms are governed by the laws of England and Wales and applicable UK regulations.

1. Data Controller

The Data Controller is:

Karibou Limited (UK), trading as OutTonight Loyalty App.

2. Personal Data We Collect

• Business registration details.
• Contact information (e.g., owner/manager name, email, phone number).
• Payment details (processed securely via Stripe).
• Usage analytics (e.g., check-in counts, promotion performance).

3. Purpose of Processing

We process your data to:

• Manage subscriptions and process payments.
• Provide business access to loyalty tools and reporting.
• Communicate with you about service updates or issues.
• Ensure compliance with legal and tax obligations.

4. Legal Basis

• Contract: Necessary to provide the subscription service.
• Legal obligation: For invoicing, accounting, and tax purposes.

5. Data Sharing

• With payment processors (Stripe) for secure billing.
• With trusted service providers required to operate the App.
• Never sold to third parties.

6. Retention

Business data is retained for the duration of your subscription and as required by law (e.g., tax and accounting record-keeping).

7. Your Rights

Under UK GDPR, you have the right to:

• Access your personal data.
• Correct inaccurate or incomplete data.
• Request deletion of your data (unless retention is required by law).
• Restrict or object to certain processing.
• Request portability of your data.

8. Contact

For privacy-related matters, please contact:

Marc Snailum; info@mulsain.com