Terms and Conditions of Service

By accessing or using Kavto's services, you (hereinafter the "Business" or the "Customer") agree to be legally bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our services.

1. Definitions

• “Service”: the Kavto software-as-a-service (SaaS) platform used to create and manage loyalty programs, stamp cards, and points cards for Apple Wallet and Google Wallet.
• “B2B Customer” or “Business”: the business entity or individual that purchases the Kavto Service to operate a loyalty program for its customers.
• “End User”: a Business customer who saves a card to their digital wallet at no charge.
• “Wallet” or “Third-Party Applications”: third-party software, specifically Google Wallet (operated by Google LLC) and Apple Wallet (operated by Apple Inc.).

2. Service Description

Kavto is a B2B platform that helps businesses design, distribute, and manage promotional and loyalty passes stored in third-party wallet applications without requiring a separate app. The Service may also send push notifications related to loyalty activity, including locations, rewards, promotions, and milestones.

3. Use of the Platform

3.1 Authorized Use: You may use the Services only to provide loyalty benefits to your own End Users and must comply with applicable e-commerce laws, Apple Wallet guidelines, and Google Wallet policies.

3.2 Responsibility for Content: You are solely responsible for ensuring that the information, rewards, and discounts offered through passes or cards issued with Kavto are accurate and comply with applicable laws and advertising requirements.

3.3 Spam and Abuse: Integrations may not send indiscriminate notifications or unsolicited bulk messages to End Users. Kavto may immediately suspend any Service used for this activity.

4. Privacy, Personal Data and Habeas Data (Colombia)

4.1 Controller and Processor Roles: Under applicable privacy law, including Colombia's Statutory Law 1581 of 2012 and Decree 1377 of 2013, Kavto generally acts as a data processor, processing End-User information on behalf of and under the instructions of the Business.

4.2 Responsibility for Consent (Opt-In): As the data controller for its customers, the Business must establish a lawful basis and obtain any required express authorization before an End User downloads a pass or joins a program. The Business is responsible for penalties or claims arising from a failure to obtain that authorization.

5. Limitation of Liability

THE SERVICE IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF UNINTERRUPTED AVAILABILITY OR THIRD-PARTY APPROVAL. KAVTO DOES NOT GUARANTEE THAT PASSES WILL ALWAYS BE DEPLOYED SUCCESSFULLY TO APPLE OR GOOGLE OPERATING SYSTEMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAVTO IS NOT LIABLE FOR CONSEQUENTIAL DAMAGES, LOST POINTS, LOST PROFITS, OR END-USER CLAIMS ARISING DIRECTLY FROM A BUSINESS’S FAILURE TO PROVIDE PROMISED GOODS, SERVICES, OR BENEFITS.

6. Termination

Kavto may suspend or terminate access to the Services, with or without notice, if it confirms a violation of these Terms or the Acceptable Use Policy.

7. General Provisions

7.1 Governing Law and Jurisdiction: These Terms and any related commercial claims are governed by the laws of the Republic of Colombia. Any dispute will be subject to the competent courts of Bogotá, D.C.

For questions or clarification: soporte@kavto.com