These Terms of Service ("Terms") govern your use of HardCards ("Service"), operated by HardCards ("we," "us," or "our"). By creating an account or using our Service, you agree to these Terms.
1. Service description
HardCards provides wallet-native loyalty card infrastructure for businesses. The Service includes:
- Creation and distribution of loyalty cards to Apple Wallet and Google Wallet
- Push notification delivery to cardholders
- Transaction tracking and analytics
- Scanner app for iOS and Android devices
- Integration capabilities (API, webhooks, third-party connections)
- Features and limits as defined by your subscription plan
2. Account registration and eligibility
Eligibility
You must be at least 18 years old and authorized to enter into binding contracts. If registering on behalf of a business, you represent that you have authority to bind that business to these Terms.
Account security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activity that occurs under your account
- Notifying us immediately of any unauthorized access
3. Subscription plans and billing
Plan tiers
- Starter — $29/month: all 5 standard card types, up to 300 active cardholders, 1 location
- Growth — $79/month: all 5 standard card types, unlimited active cardholders, 1 location (additional locations available as add-on)
- Pro — $179/month: all 8 card types, unlimited active cardholders, unlimited locations
Add-ons are available on a per-feature basis (Membership / Cashback / Multipass card types, Geolocation Push, White-label, additional locations, support SLAs). Add-on pricing is shown at checkout and on our pricing page. Annual billing is not offered at this time.
Free trial
New accounts receive a 14-day free trial with full access to the plan you select. A valid payment method is required at signup. We do not charge during the trial. At the end of day 14, your card on file is charged for the selected plan unless you cancel before then. Cancelling during the trial preserves full access through the end of day 14, after which access ends and no charge is made.
Billing
- Subscriptions are billed monthly in advance
- Payment is processed automatically via Stripe
- All amounts shown are exclusive of applicable taxes; sales tax is added at checkout where required by jurisdiction
Failed payments and grace period
When a recurring charge fails, Stripe automatically retries on an optimized schedule (up to 8 attempts within 2 weeks). If all retries fail:
- Your account enters a 5-day grace period. During grace, the account remains accessible but is throttled to 80% of normal capacity (card distribution, scans, and push delivery are rate-limited).
- We email you on entry to the grace period and once before it ends, with a direct link to update your payment method.
- If the payment method is updated within the grace window and the charge succeeds, the account returns to normal capacity immediately.
- If the grace window expires unpaid, the account is locked. No data is deleted — your designs and cardholder data are preserved. The account reopens immediately upon successful payment.
Cancellation and refunds
You may cancel at any time through your account settings. Cancellation takes effect at the end of your current billing period.
- Full access through the end of the period. You keep all features through the last day you paid for.
- No refunds for partial periods, regardless of when within the period you cancel. This applies whether the cancellation is initiated by you, by us for cause, or due to payment failure followed by grace-period expiration.
- Auto-cancel at period end. Once cancelled, your subscription will not auto-renew. You may resubscribe at any time.
Plan changes
- Upgrades take effect immediately and are prorated: you pay the price difference for the remainder of the current period.
- Downgrades take effect at the end of your current billing period. You keep the higher-tier features until then, and the new (lower) plan price applies starting with your next renewal. Downgrades are not refunded or prorated.
Price changes
We may change subscription pricing with 30 days' notice via email and dashboard notification. Price changes apply to your next renewal, not the current billing period.
4. Acceptable use
You agree not to:
- Use the Service for illegal purposes or to violate any laws
- Send spam, unsolicited messages, or deceptive communications
- Abuse, harass, or harm cardholders through push notifications
- Exceed rate limits or attempt to overload our infrastructure
- Reverse engineer, decompile, or attempt to extract source code
- Resell or redistribute the Service without authorization
- Use the Service to compete with HardCards
- Impersonate another person or entity
- Transmit viruses, malware, or malicious code
- Violate any third-party rights (privacy, intellectual property, etc.)
Push notification abuse
Sending excessive, irrelevant, or harassing push notifications may result in immediate account suspension. We reserve the right to determine what constitutes abuse.
5. Intellectual property
Our IP
HardCards retains all rights to:
- The HardCards platform, software, and infrastructure
- Trademarks, logos, and branding (except white-label accounts)
- Documentation, guides, and training materials
Your IP
You retain all rights to:
- Your business name, logo, and branding assets
- Your loyalty program structure and reward rules
- Cardholder data collected through your loyalty program
License grant
You grant us a limited license to use your branding assets solely to deliver wallet passes and push notifications on your behalf.
6. Data ownership and privacy
Your data
You own all cardholder data collected through your loyalty program. We act as a data processor on your behalf.
Our data
We own aggregated, anonymized usage data and analytics derived from the platform.
Privacy compliance
You are responsible for:
- Complying with applicable privacy laws (GDPR, CCPA, etc.)
- Providing cardholders with appropriate privacy notices
- Obtaining necessary consents for data collection
- Responding to cardholder data requests (access, deletion, etc.)
See our Privacy Policy for details on how we handle data.
7. Third-party integrations
Your responsibility
When you connect third-party services (Zapier, Shopify, Square, etc.), you are responsible for:
- Reviewing and accepting those services' terms
- Configuring integrations correctly
- Data transmitted to third parties via integrations
Our responsibility
We are not liable for:
- Third-party service outages or failures
- Data loss or corruption caused by third-party services
- Changes to third-party APIs or terms
8. Service availability and support
Uptime
We strive for 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be announced in advance when possible.
Support
- Starter and Growth: Email support with 24–48 hour response time by default. Add Support Basic ($15/mo) for a 12-hour response SLA during business hours (M–F, 9am–5pm PT).
- Pro: Email support with 24–48 hour response time by default. Add Support Pro ($45/mo) for a 4-hour response SLA during business hours (M–F, 9am–5pm PT).
9. Limitations of liability
To the maximum extent permitted by law:
No warranties
The Service is provided "as is" without warranties of any kind, express or implied. We do not warrant that the Service will be error-free, secure, or uninterrupted.
Limitation of damages
We are not liable for:
- Indirect, incidental, consequential, or punitive damages
- Lost profits, revenue, or data
- Business interruption or loss of goodwill
Maximum liability
Our total liability for any claim shall not exceed the amount you paid us in the 12 months preceding the claim.
Exceptions
These limitations do not apply to:
- Our gross negligence or willful misconduct
- Violations of applicable law
- Death or personal injury caused by our negligence
10. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Content you transmit through the Service (push notifications, branding, etc.)
11. Termination
By you
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period.
By us
We may suspend or terminate your account if:
- You violate these Terms
- Your payment fails and the 5-day grace period (see §3, Failed payments) expires unpaid
- You engage in fraudulent or abusive behavior
- Required by law or legal process
Effect of termination
Upon termination or account deletion:
- Your access to the Service ends immediately
- Cardholder wallet passes remain installed but stop receiving updates
- We retain your data for a 30-day grace period during which the account can be restored. After 30 days, account data is permanently and irreversibly deleted (except where retention is required by law).
- You may request a data export at any time before the 30-day window closes
12. Changes to terms
We may update these Terms periodically. We will notify you of material changes via email or dashboard notification at least 30 days in advance. Continued use after changes constitutes acceptance. If you do not agree to changes, you may cancel your subscription.
13. Dispute resolution
Governing law
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.
Arbitration
Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. Arbitration shall take place in San Francisco, California.
Exceptions to arbitration
Either party may seek injunctive relief in court for intellectual property disputes or to prevent unauthorized use of the Service.
Class action waiver
You agree to resolve disputes individually. You waive the right to participate in class actions or class-wide arbitration.
14. Miscellaneous
Entire agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and HardCards.
Severability
If any provision is found unenforceable, the remaining provisions remain in full effect.
No waiver
Our failure to enforce any right or provision does not constitute a waiver of that right.
Assignment
You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force majeure
We are not liable for delays or failures caused by circumstances beyond our reasonable control (natural disasters, war, pandemics, infrastructure failures, etc.).
15. Contact us
For questions about these Terms:
- Email: legal@hardcards.co
- Mail: HardCards, 2066 N Capitol Ave, Unit #8135, San Jose, CA 95132, United States
16. Version log
- v1.0 — 2026-05-22 — initial v1 launch terms. Defines plan tiers (monthly only), 14-day trial with payment method required, 5-day grace period at 80% capacity on payment failure, no refunds for partial periods, downgrades at end of period, 30-day account-deletion grace.
By creating a HardCards account, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.
