Merchant Terms of Service

These Merchant Terms of Service ("Terms") form a legally binding agreement between you (the business registering as a merchant) and Harvey Traveler LLC, doing business as WhiteFang ("WhiteFang"). By creating a Merchant account or using the Merchant Platform, you agree to these Terms. If you accept on behalf of a business entity, you represent that you have authority to bind that entity.

1. What Is WhiteFang?

WhiteFang is a two-sided loyalty platform that enables merchants to create and issue digital credit rewards ("Credits") to their customers ("Consumers"). The Merchant Platform provides tools to:

• Create and manage loyalty credit campaigns
• Import and manage your customer list
• Set up automated credit rewards (birthday, anniversary, high-spender)
• Integrate with your point-of-sale (POS) system
• Access transaction reports and analytics
• Manage your team's platform access

WhiteFang operates the Platform as a neutral technology provider. WhiteFang is not a party to your transactions with Consumers and does not guarantee Consumer engagement or credit redemption rates.

2. Eligibility

To register as a Merchant, you must:

(a) Be a legally operating business entity or sole proprietor authorized to conduct business in your jurisdiction;

(b) Have authority to enter into these Terms on behalf of your business;

(c) Provide accurate and complete business information during registration and onboarding;

(d) Not operate in a jurisdiction where use of the Platform is prohibited by law.

If you are accepting these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind that entity.

3. Account Registration & Team Access

3.1 Account Creation

You register with a business email and password of at least 12 characters. You agree to provide accurate, complete, and up-to-date information during registration and onboarding, including your business name, address, and POS platform.

3.2 Team Roles

You may add team members to your Merchant account with the following roles:

• Owner: Full access, including billing, settings, and all features.
• Manager: Access to campaigns, customers, automations, activity, and reports.
• Staff: Limited operational access.

You are responsible for all actions taken by team members under your account. You must remove team members promptly when their authorization ends.

3.3 Multiple Locations

Each business location operates as a separate Merchant profile. You may manage multiple locations from a single account.

3.4 Account Security

You are responsible for the security of your account credentials and for all activity under your account. Notify us at support@whitefang.ai immediately if you suspect unauthorized access.

4. Credit Campaigns

4.1 Campaign Types

The Platform supports two Credit types:

• Gift Card Mode: Credits issued as native Shopify gift cards (available for Shopify-integrated Merchants only).
• Restricted Mode: Credits issued as app-managed discount codes with optional restrictions, including minimum order value requirements, day-of-week redemption restrictions, product or collection restrictions, and credit value caps.

4.2 Your Responsibility for Campaign Terms

You are solely responsible for setting accurate and lawful Credit terms. You must ensure your Credit campaigns comply with all applicable federal, state, and local laws, including consumer protection, gift card, and loyalty program regulations.

4.3 Campaign Modifications

You may modify, pause, or terminate a campaign at any time. However, Credits already issued to Consumers cannot be retroactively invalidated without a valid legal basis. Retroactive removal of issued Credits may expose you to liability under applicable consumer protection laws.

4.4 Public Campaigns

Campaigns you designate as "public" are visible to Consumers on the merchant discovery map. You control whether campaigns are public or private.

4.5 Credit Scheduling

You may schedule campaigns to activate and deactivate automatically on specified dates.

5. Subscription & Billing

5.1 Subscription Plans

Access to certain Merchant Platform features requires a paid subscription. Available plans and pricing are disclosed during onboarding and in billing settings.

5.2 Billing via Shopify

Merchant billing is processed through Shopify's billing infrastructure for Shopify-integrated Merchants. By agreeing to a paid subscription, you also agree to Shopify's terms regarding merchant billing.

5.3 Automatic Renewal — IMPORTANT DISCLOSURE

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT RATE AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUALLY, AS SELECTED) UNTIL YOU CANCEL. YOU WILL BE CHARGED THE APPLICABLE SUBSCRIPTION FEE ON EACH RENEWAL DATE WITHOUT FURTHER NOTICE. TO AVOID BEING CHARGED FOR THE NEXT PERIOD, YOU MUST CANCEL BEFORE YOUR CURRENT PERIOD ENDS.

How to cancel: You may cancel at any time through the self-serve cancel option in the Billing section of your account Settings, or by emailing support@whitefang.ai. Cancellation takes effect at the end of the current billing period; you retain full access until then. No additional steps or fees are required to cancel.

California residents: Pursuant to California Business and Professions Code § 17600 et seq. (California Automatic Renewal Law), the above constitutes your required notice of the automatic renewal offer.

5.4 Refunds

Subscription fees are non-refundable except as required by applicable law. Unused subscription periods are not refunded upon cancellation.

5.5 Price Changes

We reserve the right to change subscription pricing with at least 30 days' advance notice. Continued use after the notice period constitutes acceptance of the new pricing.

5.6 Trial Periods

We may offer trial periods. Trial terms, including any post-trial automatic charges, will be disclosed clearly before the trial begins. You may cancel during any trial period without charge.

5.7 FTC Negative Option Compliance

Consistent with the FTC's Negative Option Rule (16 C.F.R. Part 425), we provide a cancellation mechanism that is at least as easy to use as the mechanism you used to subscribe. The self-serve cancel option in Settings is always available and requires no customer service interaction.

6. Customer Import & Management

6.1 Importing Customers

You may add Consumers to your customer list by entering email addresses individually or by uploading a CSV file (up to 5,000 records per upload).

When you import a Consumer email that does not have an existing WhiteFang account, the Platform will create a pre-confirmed account for that Consumer. The Consumer will not be notified at the time of import but will be able to claim their account at any time.

6.2 Your Obligations for Imported Data

By importing customer data, you represent and warrant that:

(a) You have a lawful basis to import and use that data (e.g., the customer opted into your loyalty program or provided their email in the context of a business relationship with you);

(b) You have not purchased, scraped, or unlawfully acquired the email addresses;

(c) You will not use the Platform to contact individuals who have opted out of marketing communications from your business.

6.3 Compliance with Marketing Laws

You are responsible for ensuring your use of the customer import feature complies with the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and any other applicable marketing, communications, or privacy law.

6.4 Customer Removal

You may remove customers from your list at any time. Removing a customer does not delete their WhiteFang account or Credits already issued to them.

7. Consumer Data Access & Your Responsibilities

7.1 Data You Can Access

As a Merchant, you may access the following information about Consumers in your customer list:

• Name
• Email address
• Phone number (where provided by the Consumer)
• Transaction history with your business (credits earned, redeemed, or expired)
• Credit redemption dates and associated order references

7.2 Purpose Limitation

You may use Consumer data accessible through the Platform only to:

• Operate and manage your loyalty program;
• Communicate with Consumers about their Credits or your business;
• Fulfill lawful marketing communications to Consumers who have opted in.

You may not use Consumer data for any other purpose, including selling or sharing it with unaffiliated third parties.

7.3 Data Processing Responsibility

You act as a data controller with respect to Consumer personal data you access through the Platform. You are responsible for complying with all applicable privacy laws — including the California Consumer Privacy Act (CCPA/CPRA), the Virginia Consumer Data Protection Act (VCDPA), and other applicable US state privacy laws — with respect to the Consumer data you access and use.

WhiteFang is a separate data controller for its own processing activities and is not responsible for your compliance with applicable privacy laws.

7.4 Data Security

You agree to implement reasonable security measures to protect Consumer data you access through the Platform from unauthorized access, disclosure, or misuse.

7.5 Consumer Privacy Rights Requests

If a Consumer contacts you to exercise a privacy right (such as requesting deletion from your marketing lists), you are responsible for honoring that request in accordance with applicable law.

8. Data Export

8.1 Export Feature

Merchants with Owner or Manager roles may export Platform data, including Consumer personal information (name, email, phone), credit transaction records, campaign data, and automation records. Exports are available in JSON or Excel format.

8.2 Your Export Obligations

Data exported from the Platform remains subject to all use restrictions in these Terms. You may not share, sell, or use exported Consumer data in ways that violate applicable law.

8.3 Security of Exported Data

You are solely responsible for securing exported data files. WhiteFang is not responsible for the security or handling of data after export.

9. POS Integrations

9.1 Supported Integrations

The Platform supports integration with Shopify. Integration availability and features may vary by POS platform.

9.2 Shopify Integration

Integration with Shopify requires you to install and authorize the WhiteFang Shopify app via OAuth. WhiteFang's Shopify app is subject to Shopify's Partner Program Agreement, and your use of the integration is subject to both these Terms and Shopify's Merchant Terms of Service.

By authorizing the WhiteFang Shopify app, you grant WhiteFang the following permissions on your Shopify store and understand the purpose of each:

• write_discounts — Create and manage discount codes used as Credit redemption instruments for Restricted Mode campaigns.
• read_products — Read product and collection data to support product-level and collection-level Credit restrictions configured in your campaigns.
• read_customers — Look up existing Shopify customer records by email to associate Credit redemptions with customer profiles.
• write_customers — Create Shopify customer records for Consumers enrolled in your loyalty program who do not yet have a record in your Shopify store.
• read_orders — Receive order-paid and order-cancelled webhooks to automatically deduct Consumer credit balances on completed purchases.
• read_gift_cards — Read Shopify gift card balances to verify Credit availability before redemption in Gift Card Mode.
• write_gift_cards — Create Shopify native gift cards as Credits when Gift Card Mode is selected for a campaign.

WhiteFang requests only the permissions necessary to operate the loyalty features you enable. You may revoke the app's access at any time through your Shopify admin. WhiteFang processes data received from the Shopify API solely to operate WhiteFang loyalty features on your behalf, in accordance with our Privacy Policy and Shopify's Partner Program Agreement.

9.4 POS Credentials

When you connect a POS system, your access credentials are encrypted at rest using AES-256-GCM encryption. You remain responsible for the security of your POS system account.

9.5 Integration Failures

WhiteFang is not liable for failed credit redemptions, synchronization errors, or data discrepancies caused by POS system outages or API changes.

10. Automation Features

10.1 Automation Types

The Platform supports the following automated Credit triggers:

• Birthday: Credits issued on a Consumer's birth month/day.
• Anniversary: Credits issued on a Consumer's enrollment anniversary.
• High-Spender: Credits issued when a Consumer meets a spending threshold.

10.2 Consumer Enrollment

Consumers are enrolled in automations based on profile data accessible to you (e.g., birth month/day). By using automation features, you represent that you have a lawful basis to use this data for automated loyalty rewards.

10.3 Automation Accuracy

WhiteFang makes reasonable efforts to trigger automations accurately but does not guarantee error-free operation. You are responsible for reviewing automation activity and credits issued.

11. Merchant Obligations

You agree to:

(a) Provide accurate, complete, and current business information on the Platform, including your business name, address, and category;

(b) Honor Credits issued to Consumers in accordance with the terms you have configured for each campaign;

(c) Comply with all applicable federal, state, and local laws in connection with your use of the Platform and your loyalty program;

(d) Not use the Platform to send unauthorized commercial messages, phishing attempts, or any communications prohibited by law;

(e) Promptly notify WhiteFang at support@whitefang.ai if you become aware of any security breach or consumer rights violation related to your account;

(f) Maintain a current and valid subscription if required for your level of Platform usage.

12. WhiteFang as Platform Operator

12.1 No Agency Relationship

WhiteFang is not your agent, partner, franchisor, or joint venturer. WhiteFang operates the Platform as a neutral technology provider.

12.2 Not a Party to Consumer Transactions

WhiteFang is not a party to any transaction between you and your Consumers. All disputes, refunds, and claims arising from Consumer transactions are your responsibility.

12.3 Credit Redemption After Termination

If your Merchant account is terminated or your subscription lapses, Consumers may retain Credits in their wallets but will be unable to redeem them through the Platform. WhiteFang is not responsible for facilitating redemptions after termination; however, you remain responsible for honoring valid, unexpired Credits to the extent required by applicable law.

12.4 No Guarantee of Consumer Engagement

WhiteFang does not guarantee that Consumers will discover, join, or engage with your loyalty program.

12.5 Platform Changes

WhiteFang reserves the right to modify, update, or discontinue Platform features at any time. Where practical, we will provide advance notice of material changes.

13. Prohibited Conduct

You agree not to:

(a) Use the Platform to send spam, unauthorized bulk email, or any communication prohibited by the CAN-SPAM Act or applicable law;

(b) Import customer lists that were purchased, scraped, or obtained without meaningful consumer consent;

(c) Issue Credits for fraudulent, non-existent, or unlawful transactions;

(d) Represent yourself as a WhiteFang employee or agent;

(e) Use the Platform to build a substantially similar competing product or to reverse engineer any part of WhiteFang's proprietary technology;

(f) Use automated means to scrape, harvest, or extract Platform data;

(g) Knowingly submit false or misleading business information.

14. Suspension & Termination

14.1 By You

You may cancel your Merchant account at any time through the Settings page or by emailing support@whitefang.ai. Your subscription continues until the end of the current billing period.

14.2 Deletion Grace Period

When you request account deletion, your account enters a 30-day grace period during which it is deactivated but not permanently deleted. You may cancel the deletion request during this period. After 30 days, your account and associated data are permanently deleted, subject to any retention required by applicable law.

14.3 By WhiteFang

We may suspend or terminate your account without notice if you: (a) materially breach these Terms; (b) engage in fraudulent activity; (c) violate applicable law; or (d) your subscription lapses and is not renewed after a reasonable grace period.

14.4 Effect of Termination

On termination: (a) your access to the Platform ceases immediately; (b) Credits already issued to Consumers remain in their wallets but become unredeemable through the Platform; (c) you remain responsible for honoring valid, unexpired Credits to the extent required by applicable law; (d) we may retain data as required by law or for legitimate business purposes.

15. Intellectual Property

15.1 WhiteFang's Property

All Platform software, interfaces, branding, algorithms, and proprietary technology are owned by WhiteFang. You are granted a limited, non-exclusive, non-transferable license to use the Platform solely to operate your loyalty program in accordance with these Terms.

15.2 Your Business Content

You retain ownership of your business name, logo, and campaign content uploaded to the Platform. You grant WhiteFang a non-exclusive, worldwide, royalty-free license to display and use this content solely to operate and provide the Platform (e.g., displaying your business listing on the consumer map).

15.3 Feedback

If you provide feedback or suggestions, you grant WhiteFang a perpetual, irrevocable, royalty-free license to use such feedback without obligation to you.

16. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WHITEFANG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

WHITEFANG DOES NOT WARRANT THAT POS INTEGRATIONS WILL FUNCTION WITHOUT ERROR, THAT CONSUMER DATA IMPORTED BY YOU IS ACCURATE, OR THAT ANY PARTICULAR CREDIT WILL BE REDEEMED BY CONSUMERS.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHITEFANG AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; (B) LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES; (C) FAILURE OR DISRUPTION OF POS INTEGRATIONS; (D) CONSUMER NON-REDEMPTION OF CREDITS; (E) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR CONSUMER DATA.

WHITEFANG'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (I) $500 OR (II) THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO WHITEFANG IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow certain liability exclusions. In those jurisdictions, the above limitations apply to the fullest extent permitted by applicable law.

18. Indemnification

You agree to indemnify, defend, and hold harmless WhiteFang and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law, including privacy, consumer protection, or marketing law; (d) your customer import or data processing activities; (e) any Consumer claim arising from your loyalty program; or (f) any POS integration you authorize.

19. Governing Law & Dispute Resolution

19.1 Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles.

19.2 Informal Resolution

Before initiating formal proceedings, you agree to contact support@whitefang.ai and allow us at least 30 days to resolve the dispute informally.

19.3 Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration under the AAA Commercial Arbitration Rules, conducted in English in Boston, Massachusetts. The arbitrator may award any remedy available at law or in equity but may not consolidate more than one party's claims.

19.4 Class Action Waiver

YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING AGAINST WHITEFANG.

19.5 Exceptions

Either party may seek emergency injunctive relief in a court of competent jurisdiction in Massachusetts for matters involving intellectual property infringement or unauthorized data access.

20. State-Specific Compliance Notes

You may be subject to state-specific laws depending on where your business operates and where your Consumers are located. You are responsible for determining your own compliance obligations. Highlights include:

California (CCPA/CPRA)

If you receive personal information about California residents through the Platform, you may have obligations as a business under the CCPA/CPRA regarding that data.

Virginia (VCDPA), Colorado (CPA), Connecticut (CTDPA), Texas (TDPSA), Oregon (OCPA)

Similar state privacy laws may apply if you process personal data of residents of those states.

CAN-SPAM Act & TCPA

You are responsible for complying with federal and state email and text marketing laws when communicating with Consumers through or outside the Platform.

European Union & United Kingdom (GDPR / UK GDPR)

If your business collects or processes personal data of individuals located in the EU or UK, the GDPR or UK GDPR may apply to your activities as a data controller. If you require a Data Processing Addendum (DPA) to satisfy your own GDPR obligations, contact support@whitefang.ai. Compliance with GDPR and international data transfer obligations for your own customer data is your responsibility.

WhiteFang's Privacy Policy governs WhiteFang's own data processing activities. You are a separate data controller with respect to your processing of Consumer data accessed through the Platform.

21. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by updating the "Last Updated" date and displaying an in-app notice. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Platform and cancel your subscription.

22. Entire Agreement

These Terms, together with our Privacy Policy and any applicable subscription order, constitute the entire agreement between you and WhiteFang regarding your use of the Platform as a Merchant. They supersede all prior agreements, representations, and understandings.

23. Contact Us

For questions about these Terms:

Harvey Traveler LLC d/b/a WhiteFang
25 Drydock Ave, Boston, MA 02210
Email: support@whitefang.ai
Website: whitefang.ai