• Eligibility. Your account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted. Additionally, you must be 16 years of age or older.
• Registration Information. You must provide a valid permanent email address, along with any other information required by SnowShoe during the registration process. 
• Password. You are responsible for maintaining the security of your account and password. SnowShoe will not be liable for any loss or damage from your failure to comply with this security obligation.  
• Restrictions. You may not use the SnowShoe Service for any illegal or unauthorized purpose. You must not, in the use of the SnowShoe Spark Services, violate any laws in your jurisdiction, including, among other things, by:
  • distributing information about illegal substances or information to underage individuals about alcohol, tobacco or firearms;
  • take any action that would place you or your customers or SnowShoe or any of our providers into a violation of the SHAFT standards, as outlined in the link above;
  • interfering with or circumventing any security feature of the Spark Services or any feature that restricts or enforces limitations on use of or access to the Spark Services;
  • infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity
  • being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by SnowShoe in its sole discretion; or
  • deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.

If for any reason, you are unhappy with your SnowShoe purchase, we do offer a 30-day money back guarantee. If you decide not to use SnowShoe’s Spark Services in your business within 30 days from your first payment, you may request a full refund for the previous month of use. This applies to both annual and monthly subscriptions.

Note that the refund is only for the previous 30 days. If you have used the system for longer than 30 days, then you do not receive a refund beyond the immediate 30 days of prior use. Usage refunds will be pro-rated, depending on the days you used the system, and all decisions regarding monetary refunds are at SnowShoe’s sole discretion and determination. 

SnowShoe hereby guarantees that the equipment will be in working condition and that components which expire due to natural wear and tear will be replaced by Snowshoe on a regular basis. If SnowShoe’s equipment is not working due to manufacturing defects, shipping mishandling, or any of SnowShoe’s discretion, SnowShoe will provide a  prompt and complete replacement without any additional fee or charges to the merchant. 

The Spark Stamps and any other hardware you license from SnowShoe is licensed month-to-month to your business for your use and enjoyment, but SnowShoe continues to have complete and total ownership of the stamps and all of their associated intellectual property. The equipment shall remain the property of SnowShoe and is licensed at no additional cost to the business owner. At no point did you “purchase” a stamp — you agree that you made a temporary license of our equipment, and we can upgrade, replace, downgrade or remove the use of this equipment at any time at SnowShoe’s sole discretion. 

SnowShoe claims no ownership rights over your campaign content or brand information submitted or created exclusively by you within your SnowShoe or Spark Loyalty account. Any content that is yours remains yours. These Terms of Service do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the SnowShoe Spark Services to you.

By using the Spark Services you agree that we can use data collected about you and your shopper customers to provide the Spark Services to you, and you also agree that SnowShoe can continue to use this data and combine this data with data from other companies to continue to improve and provide the SnowShoe Spark Services to other merchants and shoppers. You claim no right of continuing ownership over this data or any derivatives of this data, whether about you or your customers. 

The SnowShoe and Spark Loyalty marks are trademarked in the United States and protected by 32 patents filed in 18 countries around the world. You may not duplicate, copy, or reuse any of our equipment or any of our trademarked names or design elements without express written permission. You do not acquire any ownership rights by using the Spark Services or any other system or equipment licensed to you by SnowShoe.  

Merchant agrees to pay SnowShoe the agreed-upon monthly fee stated in the sign-up form, which shall be automatically charged to the payment method on file. The customer shall be responsible for the first payment on the date they start using the service but no later than 15 business days after the install date. The customer and SnowShoe agree to a month-to-month agreement, and the customer may cancel at any time. Please follow the cancellation terms below. This fee includes a license of software and hardware provided by SnowShoe and use of that equipment in order to run aspects of the merchant business upon the Spark Loyalty platform.

A valid credit card is required to use the Spark Services unless your company pays for services annually, in which case payment via check or PayPal is acceptable. SnowShoe’s Spark Services are billed in advance in accordance with our published pricing schedule. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account, except in the case of our 30-day money-back guarantee (see below). In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes. You agree to pay for any taxes that might be applicable to your use of SnowShoe’s Spark Services or payments made by you in connection with your use of SnowShoe’s services, software or hardware. 

SnowShoe hereby grants merchant a temporary and revocable right of use of certain SnowShoe product names, business descriptions, and trademarked logos in the advertising and promotion of services and systems that contain SnowShoe technology to your shoppers, customers or clients. This right of use of logos and trademarks by merchant is not exclusive, is not transferable and is subject to revocation at any time by SnowShoe. Use of these trademarks and logo is subject to SnowShoe verbal approval and does not pertain to properties, software or systems that do not contain SnowShoe technology. Approval of merchant created materials will not be unreasonably withheld by SnowShoe. Merchant likewise hereby grants SnowShoe the right of use of merchant product names, logos and business descriptions in the creation of materials describing the deployment of SnowShoe technology by merchant. Approval of SnowShoe created materials will not be unreasonably withheld by merchant. Merchant hereby agrees that SnowShoe shall have the right, but not the obligation, to include (i) merchant’s name and (ii) images from the merchant’s store or retail establishment on the SnowShoe website and in other materials promoting SnowShoe Spark Services. Merchant agrees that these grants of permission of use of merchant logos and names by SnowShoe shall be irrevocable and in perpetuity. Merchant represents and warrants that you have the right to grant such publicity rights set forth in this Agreement.

SnowShoe’s systems permit the collection of personal information. Personally identifiable information (PII) can potentially identify you or your customers or shoppers and may be used in combination with other pieces of personal information to identify individual customers and shoppers. Examples of personal information include name, company name, job title, address, e-mail address, telephone number, and billing and credit card information. Personal information can also include information that does not identify an individual, but could be combined with other information in a way that enables an individual to be identified. This includes information such as age, gender, profession, zip code, IP address, and current location. Use of PII data is restricted in the following manner. 

• Download of information: Upon request, a merchant may receive a complete download of all information that customers have chosen to share with that individual merchant. Once that information is downloaded, the merchant agrees to be entirely responsible for any subsequent use or dissemination of that information provided to you by SnowShoe. By your use of the Spark Services, you agree to hold SnowShoe harmless for any use or misuse of personally identifiable information and you agree to take on the full legal and ethical responsibility for the collection of consumer PII data and the use or misuse of this data collected by the SnowShoe Spark Services.  
• Respect Customer Requests: You agree not to act in violation, either knowing or unknowing, of any CTIA, FTC or federal or state guidelines, laws or regulations regarding contacting consumers using the PII data gathered by SnowShoe Spark Services. Shoppers or other customers who have requested that a merchant do not contact them, either via SMS or email, will always have their stated wishes respected by you. As a merchant who has access to shopper PII data, you agree to respect the requests of customers to be contacted or not contacted, according to their preference and in accordance with all applicable regulations, laws and administrative standards. 
• Do Not Share: Personally identifiable information submitted by you on behalf of your customers will be subject to our Privacy Policy and may not be shared by you or by any other entity or person without SnowShoe’s express written permission. Use of PII information by you as the merchant in any regard or form also means that you have hereby agreed to take on the full liability and legal responsibility of any use of this data. You agree to bear the full cost of use of this PII data and will reimburse SnowShoe promptly for any legal responsibility or damages which devolve upon SnowShoe because of your use or misuse of this PII data.

We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that SnowShoe has no obligation to prescreen or monitor your access to or use of the SnowShoe Spark Services or any information, materials or other content provided or made available through the SnowShoe provided services, but has the right to do so. You hereby agree that SnowShoe may, in the exercise of our sole discretion, remove or delete any data, accounts, campaign information or other content that violates these Terms of Service, any federal, state or local law or ordinance or that is otherwise objectionable to SnowShoe. 

Merchants may cancel at any time by providing written/email notice to SnowShoe. 

Upon initiating a cancellation request, the customer will have 14 days to return the equipment to SnowShoe. Failure to return the equipment or replacing the equipment in a damaged condition can result in equipment fees, as detailed below. Also, during the cancellation process, SnowShoe requests the right to ask the customer to perform an exit interview in order to improve our service offering, our customer service and our engagements with future customers. The customer agrees to pay a fee of up to $300 if they fail to return the equipment in a timely fashion (upon cancellation), lose the equipment or damage the equipment to the extent that it is rendered unusable. 

Any cancellation of your account will result in the deactivation or deletion of your account, and the removal of all content in your account. This information can be restored by request of the Account Owner to SnowShoe for a 14-day period. Cancelled accounts cannot be recovered or restored from SnowShoe following this 14-day period. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Cancellations will take effect immediately. If you wish to continue using your account through the end of a billing cycle, please do not cancel until the billing cycle is completed.

Indemnification

You agree to indemnify and hold SnowShoe, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, charge, liability, damages, expenses or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the SnowShoe Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.

Disclaimer

The SnowShoe Spark Services and all information provided in this system are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. SnowShoe is a distributor and not a publisher of the marketing content supplied by third parties such as merchants and retailers; as such, SnowShoe exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the SnowShoe Spark Services. Without limiting the foregoing, SnowShoe specifically disclaims all warranties and representations in any content transmitted on or in connection with the SnowShoe Service or on sites that may appear as links on the SnowShoe Spark Services, or in the products provided as a part of, or otherwise in connection with, the SnowShoe Spark Services, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by SnowShoe or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, SnowShoe does not warrant that the SnowShoe Spark Services will be uninterrupted, uncorrupted, timely, or error-free.

Limitation of Liability

SnowShoe will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the SnowShoe Spark Services, whether or not SnowShoe is advised of the possibility of such damages. You acknowledge and agree that SnowShoe’s maximum liability to you will not exceed the amount you have paid SnowShoe in the ninety (90) days immediately preceding the date on which you first assert a claim.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the SnowShoe Spark Services under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of SnowShoe. SnowShoe will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. SnowShoe operates and controls the SnowShoe Spark Services from its offices in the United States. The Spark Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the SnowShoe Spark Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service (which include and incorporate the SnowShoe Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and SnowShoe concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Date of Last Revision: October 7, 2022