Terms of Use

1. Acceptance of terms

These Terms of Use (the "Terms") govern access to and use of the Kulto platform, available at kultoapp.com and operated by Bonsai, a team based in Ecuador. By creating an account or using the service, you agree to be legally bound by these Terms and by our Privacy Policy. If you register the account on behalf of a business, you represent that you have authority to bind it. If you do not agree, do not use the service.

2. Definitions

• Kulto, "we": the software-as-a-service (SaaS) offered through kultoapp.com.
• Business: the business that subscribes to the service to create and operate one or more digital loyalty programs (a tenant in the technical documentation).
• Authorized staff: the people the business invites to its panel under one of the available roles: administrator (account owner), staff and cashier. A cashier always operates attached to a location.
• End customer: the person who receives a digital loyalty card from the business, or who buys or receives a gift card issued by the business.
• Program: each card the business configures within Kulto. There are four types: stamps, points, prepaid and gift card.
• Pass: the digital card issued to an end customer, which can be saved in Apple Wallet or Google Wallet.
• Location: each point of service the business registers in Kulto, with its address and coordinates.
• Integration: the connection between Kulto and the business's billing or point-of-sale system, either through Kulto's public API or through a connection the business configures in the panel.

3. Service description

Kulto is a B2B platform that allows the business to:

• Create loyalty programs of four types: stamps (each visit adds a stamp toward a reward), points (earned according to the purchase amount), prepaid (balances of uses or sessions the customer buys, deducted on each visit) and gift cards (a money balance one person buys to give to another).
• Customize the card design (logo, colors, copy, stamp artwork, links, contact details and the program's own terms) according to the customization level of its plan.
• Issue passes to its end customers through a sign-up link or QR code, from the panel, from the counter scanner or through the public API, and deliver them by link or by email.
• Credit and redeem stamps, points and balances by scanning the pass's rotating QR code from the cashier web app, by looking the customer up by name, card serial number or the key the program asks for at sign-up, or automatically from the sales recorded by the business's billing system.
• Register its locations and, in the plans that include it, have the card appear on the customer's phone when they are near one of them.
• Send notifications to issued cards, configure automatic welcome, referral and birthday bonuses, and define validity and balance expiration rules.
• Review program metrics and reports and, in plans with advanced analytics, the Customers window (segmentation by recency, frequency and spend, visit cycles, at-risk customers and action plan), with data export in the plans that include it.
• Receive service notices by email and, in the plans that include it, a daily program report.

Available features depend on the contracted plan (see section 6). Kulto provides the service "as is" and reserves the right to modify, add or retire features at any time, giving the business reasonable advance notice when changes are material.

4. Account, sign-up and authorized staff

4.1 Eligibility

Only legally constituted entities and natural persons of legal age with capacity to contract may register as a business.

4.2 Two-step sign-up

Sign-up is completed in two steps: the form and the confirmation of a six-digit code sent to the declared email address. The account is created only when the code is confirmed; an unconfirmed sign-up is discarded automatically. The declared country determines the billing currency (US dollars or Mexican pesos) and the business's time zone.

4.3 Contact email

The email confirmed at sign-up is the official communication channel with the business: payment, expiration, suspension and service incident notices are sent there. The business must keep it current and is responsible for reading it. If the address bounces, Kulto may stop sending emails to it until the business corrects it.

4.4 Accuracy and credentials

• The business is responsible for the accuracy and currency of the information provided at sign-up.
• The business is responsible for the confidentiality of its staff's passwords, of the API keys it issues and of the credentials of the integrations it configures. All activity carried out with them is deemed carried out by the business.
• The business must notify Kulto without delay at [email protected] of any unauthorized access or suspected account compromise.

4.5 Authorized staff

The account owner may invite users to its panel, within the plan's quota, and is responsible for assigning them the appropriate role and for removing their access when they no longer need it. A cashier operates attached to a location and only on the programs available there.

5. Free trial

• Every new business receives a free trial period, with no payment method required. The current duration is shown in the panel.
• The trial starts counting when the business issues its first card to a customer, not at sign-up, and in any case no later than 21 days after sign-up. The card the owner issues to themselves during initial setup does not start the trial.
• During the trial, the quotas and features of the trial plan indicated in the panel apply. The business may subscribe to a plan at any time; the paid period starts on the day of payment.
• If the trial ends without an approved payment, the account enters the grace period and is then suspended, under the same rules as a paid plan (see 6.4). Programs and passes created during the trial are kept and become available again when a plan is contracted.
• Kulto may extend a trial at its discretion.

6. Plans, pricing and payment

6.1 Plans, quotas and currency

Current plans and prices are published on kultoapp.com and within the panel. Each plan defines quotas (programs, active passes, locations, users and notifications per month), features (API access, analytics level, card customization level and proximity alerts) and, in the plans that allow it, the price of each additional location. A quota listed as unlimited has no numeric cap, without prejudice to section 7.

Prices are expressed in the business's billing currency, US dollars or Mexican pesos, assigned according to the country declared at sign-up; only Kulto can change it, at the business's request. Published prices do not include taxes that may apply according to the business's country.

6.2 Payment methods

Kulto accepts four payment methods. The availability of each depends on the business's billing currency:

• Bank transfer: the business transfers to the account shown in the panel for its currency and uploads an image of the receipt. The Kulto team reviews it manually during business hours and approves or rejects it; if rejected, the reason is sent by email. The plan is activated or renewed once the receipt is approved.
• Credit or debit card through PayPal: the business authorizes a subscription with recurring charges at the start of each period, processed by PayPal. It may cancel it from the Kulto panel at any time: cancellation stops future charges and the plan stays active until the end of the paid period.
• Card through Stripe: available depending on the billing currency. Payment is made on the checkout page hosted by Stripe, with recurring charges, and is cancelled from the Kulto panel with the same effect as PayPal.
• USDT (cryptocurrency): on the networks enabled in the panel (currently Tron, BNB Smart Chain, Base and Optimism), verified directly on the blockchain, with no intermediary. See 6.3.

Kulto does not receive or store card numbers: payment details are collected and held by the processor (PayPal or Stripe) under its own terms. While an automatic charge agreement is active, another card checkout cannot be started; paying by bank transfer or USDT replaces the automatic agreement once the payment is confirmed. For the cancellation of an automatic charge to be recorded in Kulto, it must be done from the Kulto panel and not only from the PayPal or Stripe account.

6.3 USDT payments

When choosing USDT, Kulto generates a payment order with a unique, exact amount (the price plus a fraction of a cent that identifies the payment), the destination address and a validity of three hours. The business must send exactly that amount, on the chosen network and within the validity window. The payment is credited once the network reaches the required confirmations. On-chain transfers are irreversible and Kulto cannot recover or redirect them, so the business accepts that:

• A payment sent on a network other than the one chosen is lost.
• A payment with a different amount, outside the validity window or that for any other reason cannot be matched to its order is not credited automatically. The business must write to support with the transaction identifier (hash) so it can be reviewed manually.
• For businesses billed in Mexican pesos, the USDT equivalent is calculated with the exchange rate in force when the order is generated and is fixed for that order.

6.4 Billing cycle, renewal, grace period and suspension

• Subscriptions are paid in advance per monthly or annual period.
• Renewal of the same plan is anchored to the end of the previous period and not to the payment date: paying before the end adds the new period to the current one, with no days lost.
• Kulto sends a reminder by email two days before the period ends and, for annual plans, also two weeks before. An active automatic charge agreement renews on its own.
• If there is no approved payment when the period ends, the account enters a grace period, whose duration is shown in the panel, during which the service keeps working and the business sees notices to regularize payment.
• If payment is still pending when the grace period ends, Kulto suspends the account: the business and its staff lose access to the panel and the scanner, and can no longer credit, redeem or issue cards from them. Access to the billing section remains available to regularize payment. Cards already issued remain on customers' phones; Kulto may stop updating them and may disable the API, the integrations and the sign-up links of a suspended account.
• The account is reactivated once a payment is confirmed. Grace period days, during which the service kept working, are part of the period being paid; days during which the account was suspended are not charged.
• A suspended account is kept, with its programs and passes, so the business can reactivate it. Kulto may close it permanently after a prolonged period of suspension, with prior notice to the business's email (see section 14).

6.5 Additional locations

Plans that allow it sell locations in addition to those included, at the published unit price and for the same period as the plan. On monthly plans they can be added mid-period by paying via bank transfer or USDT: the full month of each location is charged, with no proration, and the current period does not change. On annual plans, and when an automatic charge agreement is active, they are added at renewal or when re-subscribing. Reducing the contracted quantity applies from the next renewal; deleting a location from the panel does not reduce what is contracted.

6.6 Plan and price changes

• The business may change plans at any time. The change opens a new period from the day of payment, with no credit for the remaining days of the previous plan.
• Downgrading deletes nothing: the business keeps its programs, passes, locations and users, but cannot create more than the new plan allows until it is back within the quota. Plan-dependent features (API, analytics, customization, proximity alerts) adjust to the new plan immediately.
• Kulto may change the prices of the plans it offers to new businesses. An active subscription keeps the contracted price, currency and period for as long as the business maintains it and renews the same plan, even if Kulto stops offering that plan to new businesses.

6.7 Refunds

Unless required by applicable law, amounts paid are non-refundable and are not prorated. If the business cancels its automatic charge or decides not to renew, access continues until the end of the paid period. USDT payments are irreversible by nature. If a payment processor charges for a period Kulto no longer has to provide (for example, an automatic agreement that was replaced by another payment method), Kulto cancels that agreement and evaluates the refund of the charge.

7. Acceptable use

The business agrees not to:

• Use the service for unlawful activities or in ways that violate third-party rights.
• Attempt to compromise the security of the service, access other businesses' data, circumvent plan quotas or restrictions, or perform reverse engineering.
• Upload content (logos, images, text) over which it does not hold rights, or that is offensive, deceptive or infringes third-party intellectual property.
• Use card notifications or the emails Kulto sends on its behalf to send spam, fraudulent content or material that violates Apple Wallet or Google Wallet policies.
• Ask its end customers, through the program's custom fields, for data it does not need to operate the program or has no right to process.
• Manipulate the count of stamps, points or balances by fraudulent means, or use the API or integrations to credit sales that did not happen.
• Use the API or integrations in a way that degrades the service or exceeds the request limits published in the documentation.
• Resell, sublicense or redistribute the service to third parties without Kulto's written consent.

Kulto may suspend or terminate the access of any business in breach of these rules, without obligation to refund.

8. Digital cards, wallets and notifications

Kulto uses the official Apple PassKit and Google Wallet APIs to issue loyalty cards to end customers. Use of the passes within the digital wallets is also subject to Apple's and Google's own terms and policies, which may change how passes and their notifications are displayed. Kulto does not control those platforms.

8.1 Notifications

The business decides the content of the messages it sends to cards, including the birthday greeting, and is responsible for it. Notifications are subject to the plan's monthly quota and to frequency limits Kulto applies to protect the end customer's experience, in addition to the limits imposed by Apple and Google. Notices generated by the system itself (for example, balance about to expire) use Kulto's wording.

8.2 Proximity alerts

In the plans that include it, the card may appear on the phone screen when the customer is near one of the business's locations. Detection is performed by the phone itself using the location coordinates that travel inside the pass; Kulto does not receive the end customer's location.

8.3 Expiration and voiding

Kulto marks as expired the passes whose validity ended according to the program's configuration and reflects the closure in the wallets; the business may void a pass from the panel. Neither action removes the card from the customer's phone, which only its owner can do.

9. Prepaid programs and gift cards

Prepaid programs and gift cards represent money or services the end customer pays to the business. Kulto does not take part in that payment and does not hold that money: it only records and deducts balances according to the business's instructions.

• The business is solely responsible for collecting, honoring and, where applicable, refunding those balances, and for complying with the regulations applicable to gift cards and prepaid services in its country, including rules on validity and refunds.
• Gift cards do not expire by date and are closed when their balance reaches zero. Unspent balance is an obligation of the business toward the customer.
• A gift card is sold once and cannot be reloaded; more balance means another card.
• A gift card's link is the means by which its recipient receives and uses it. The business, the buyer and the recipient must treat it with the same care as the money it represents; Kulto is not responsible for the use of a link they share with third parties.
• Prepaid balances may have an expiration date as configured by the business, which may renew them.

10. Public API and integrations with the business's billing system

10.1 Public API

In plans with API access, the account owner may create keys so the business's own system can read passes, credit stamps, points and balances, and issue prepaid and gift cards, as described in the published documentation. Each key has defined permissions and may be limited to one program. The business is responsible for the custody of its keys and for everything done with them, and may revoke them from the panel and create new ones. If the plan stops including API access, the keys stop working until it includes it again.

10.2 Connection to the billing system

The business may connect its billing or point-of-sale system so Kulto automatically credits the sales that system records. To do so, it provides Kulto with access credentials, which Kulto stores encrypted and uses exclusively to read sales and the customer data needed to identify their card. The business represents that it has the right to grant that access and that its customers are informed that their billing data is used for the program. Kulto does not modify data in the business's system.

10.3 Crediting rules

Kulto credits according to the program and integration rules the business configures: which sales count, from when, and how the customer is identified. A sale whose customer has no card, that was already credited or that does not reach the minimum is not credited and is reported in the panel. Kulto may automatically pause an integration that fails persistently (invalid credentials, revoked permissions, archived program) and notifies the business by email. A paused integration does not credit sales; when it is the business's system that sends sales to Kulto, sales sent during the pause are not recovered afterwards.

10.4 Third-party systems

Kulto is not responsible for the availability, accuracy or changes of the business's billing systems, nor for the limits those systems impose (for example, query quotas), which may affect how often sales are credited.

11. Personal data and privacy

The processing of personal data is governed by our Privacy Policy. Regarding end-customer data, the business acts as data controller and Kulto as data processor: Kulto processes it only to provide the service and according to the instructions the business expresses in its program configuration. The business:

• Represents that it has the legal basis and consents required to process its end customers' data through Kulto, including data collected through custom fields (such as ID number, phone, license plate or date of birth) and data arriving from its billing system.
• Is responsible for informing its end customers about its program and for handling their requests to access, correct or delete data, for which it may request Kulto's assistance.
• Agrees to use its customers' data and the analytics, export and notification tools solely to operate its loyalty program.

Kulto does not sell end-customer data and does not use it for its own purposes other than providing the service and generating aggregated statistics.

12. Intellectual property

12.1 Kulto's property

Kulto, including its software, brand, logo, design, source code, documentation and other elements, belongs to Kulto and/or its licensors. The business is granted a limited, non-exclusive, non-transferable and revocable right to use the service for the duration of its subscription. Reports, starter kits and other materials the platform generates for the business may be used by the business to operate and promote its program.

12.2 Business content

The business retains all rights to its logo, brand, images, text and any other content uploaded to the platform (the "Business Content"). The business grants Kulto a worldwide, non-exclusive, royalty-free license to host, process and display such content strictly to the extent necessary to provide the service (including its transmission to Apple and Google to issue the passes and its inclusion in the emails and materials Kulto generates on the business's behalf).

The business represents and warrants that it holds all necessary rights to the Business Content.

13. Service availability

Kulto makes reasonable efforts to keep the service available, but does not guarantee uninterrupted or error-free operation. Interruptions may occur due to maintenance, updates, infrastructure provider failures, force majeure events or circumstances outside Kulto's control. The service also depends on third parties Kulto does not control: Apple, Google, payment processors, cryptocurrency networks and the business's own billing systems.

Plans that include a specific SLA are governed by the particular conditions of the plan. In the absence of an SLA, no availability commitments apply.

14. Suspension and termination

• By the business: the business may stop renewing at any time and cancel its automatic charge from the panel; access continues until the end of the paid period. To close the account and request the deletion of its data, it must write to [email protected] from the registered email.
• By Kulto: Kulto may suspend or terminate the business's account in case of non-payment, abuse of the service, breach of these Terms or by order of a competent authority, and also when the account has been suspended for non-payment for a prolonged period, in the latter case with prior notice.
• Effects: upon termination, panel access ceases, API keys and integrations stop working, and issued passes may stop receiving updates or be shown as closed in the wallets. Before closure, the business may export its data according to its plan or request it from Kulto. Kulto may retain data for a reasonable period for legal, accounting and security purposes, as described in the Privacy Policy.
• Obligations toward end customers: closing the account does not extinguish the business's obligations toward its customers for outstanding rewards, prepaid balances or gift cards.

15. Warranties and limitation of liability

The service is provided "as is" and "as available". To the maximum extent permitted by law, Kulto disclaims all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

To the maximum extent permitted by law, Kulto's total aggregate liability to the business for any claim arising out of or related to the service is limited to the amount actually paid by the business to Kulto in the twelve (12) months preceding the event giving rise to the claim.

Kulto shall not be liable for indirect, incidental, special or consequential damages, lost profits, lost data, lost opportunity or loss of reputation, nor for the balances, rewards or money the business owes its end customers.

16. Indemnification

The business agrees to indemnify and hold Kulto harmless from any claim, damage, loss, cost or expense (including reasonable attorney fees) arising from:

• The business's or its authorized staff's use of the service, including the use of its API keys and integrations.
• Claims by end customers about the loyalty program offered by the business, the rewards committed, prepaid balances or gift cards sold.
• End-customer data the business collects in Kulto or takes from its billing system without the required legal basis, and the content of the messages and notifications it sends.
• Breaches of these Terms or of third-party rights, including intellectual property.

17. Changes

Kulto may update these Terms to reflect changes in the service, in applicable law or in its operating practices. When changes are material, Kulto will notify the business by email or through a notice on the platform with reasonable advance notice. Continued use of the service after the effective date of the changes constitutes acceptance of the new Terms.

18. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Ecuador. Any dispute arising out of or related to these Terms or the service shall be submitted to the competent courts of the Republic of Ecuador, without prejudice to the consumer's mandatory rights at the place of residence.

19. Contact

For any inquiry regarding these Terms, write to:

Email: [email protected]
WhatsApp: +593 99 986 4024