Kouvre

Kouvre General Application Terms of Service

Last updated: March 5, 2025

Welcome to Kouvre. These General Application Terms of Service (the "Terms") constitute a legally binding agreement between you ("Member", "you", or "your") and Kouvre Inc. ("Kouvre", "we", "us", or "our") governing your access to and use of the Kouvre mobile application (the "App") and related services.

By downloading, installing, registering for, or using the App, you explicitly agree to be bound by these Terms, as well as our Rewards Terms, Digital Card Terms, and Privacy Policy, which are incorporated herein by reference.

1. DEFINITIONS

"App" means the Kouvre mobile application, including all software, interfaces, and associated digital platforms.

"Member" means a consumer who has downloaded the App and registered an account.

"Merchant" means an independent, third-party business utilizing the App to host its loyalty program.

"Rewards Milestone" means the specific products, services, or offers established by a Merchant.

2. ELIGIBILITY AND ACCOUNT CREATION

2.1 Age Requirement: You must be at least fourteen (14) years of age to create an account and use the App. By registering for an account, you represent and warrant that you meet this age requirement. If we discover that a user is under the age of 14, their account will be immediately terminated and personal data deleted in accordance with Quebec law.

2.2 Account Security: You are responsible for maintaining the confidentiality of your account login credentials. You agree to notify Kouvre immediately of any unauthorized use of your account. Kouvre is not liable for any loss or damage arising from your failure to protect your login information.

3. LICENSE TO USE THE APP

3.1 Limited License: Subject to your strict compliance with these Terms, Kouvre grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the App on a compatible mobile device that you own or control, solely for your personal, non-commercial use.

3.2 Read-Only Interface and Public Sharing: The App currently operates primarily as a read-only interface to track your loyalty progress. We acknowledge and permit Members to take digital screenshots of their Digital Cards, Point balances, and Rewards Milestones to share on social media or with peers. Rewards Milestones and Point structures are not confidential information. However, any future interactive or social features implemented within the App will be strictly subject to Kouvre's acceptable use guidelines.

3.3 Intellectual Property: Kouvre retains all rights, title, and interest in and to the App, including all underlying software, design, text, and Kouvre trademarks. All Merchant logos, trademarks, and branding displayed within the App remain the exclusive intellectual property of the respective Merchants.

4. PROHIBITED CONDUCT

You agree not to:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App.
  • Use automated scripts, bots, or scraping tools to access, query, or interact with the App.
  • Attempt to artificially manipulate Point balances, exploit software vulnerabilities, or present fraudulent QR codes or receipts.
  • Use the App for any illegal purpose or in violation of any applicable local, provincial, or federal laws.

5. APP STORE DISCLAIMERS

5.1 Apple and Google Unaffiliated: You acknowledge and agree that these Terms are concluded solely between you and Kouvre, and not with Apple Inc. ("Apple") or Google LLC ("Google"). Kouvre, not Apple or Google, is solely responsible for the App and its content.

5.2 No Maintenance or Support from App Stores: Apple and Google have no obligation whatsoever to furnish any maintenance or support services with respect to the App.

5.3 Third-Party Beneficiary: If you download the App from the Apple App Store, you acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

6.1 "As-Is" Platform: To the maximum extent permitted by the Civil Code of Quebec and the Consumer Protection Act (Quebec), the App is provided on an "as is" and "as available" basis. Kouvre disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

6.2 Merchant Liability: Kouvre acts exclusively as a technology intermediary. We do not own, operate, or control the Merchants. Kouvre is not liable for the quality of food, services, or rewards provided by Merchants, nor for a Merchant's failure to honor a Rewards Milestone, changes to a Merchant's point system, or a Merchant's closure.

6.3 Cap on Liability: Except for damages resulting from Kouvre's own gross fault or intentional misconduct, Kouvre's total cumulative liability to you for any claims arising out of or relating to your use of the App shall not exceed fifty Canadian dollars ($50.00 CAD).

7. AMENDMENTS TO THE TERMS

7.1 Right to Amend: Kouvre reserves the right to amend these Terms at any time.

7.2 Notice of Amendment: In accordance with the Consumer Protection Act (Quebec), if an amendment entails an increase in your obligations or a reduction in Kouvre's obligations, we will provide you with a written notice at least thirty (30) days before the amendment comes into effect. The notice will set out the new clause, the date of its coming into force, and your right to refuse the amendment and cancel your account without cost, penalty, or cancellation indemnity by sending us a notice to that effect no later than thirty (30) days after the amendment comes into force.

8. GOVERNING LAW AND JURISDICTION

8.1 Governing Law: These Terms, and any disputes arising from or relating to your use of the App, shall be governed by and construed in accordance with the laws of the Province of Quebec, and the federal laws of Canada applicable therein, without regard to conflict of law principles.

8.2 Jurisdiction: Any legal suit, action, or proceeding arising out of or related to these Terms or the App shall be instituted exclusively in the courts of competent jurisdiction located in the judicial district of Montreal, Quebec.

9. CONTACT INFORMATION

If you have any questions, complaints, or claims with respect to the App or these Terms, please contact Kouvre at:

Kouvre Inc.

Email: support@kouvre.com