The following Terms of Service (TOS) describes how Entrepidus LLC herein referred to as issy Digital Promos / issy Marketing Cloud/ issy/ Platform will perform the services as described below for different entities herein referred to as User /Administrator/Collaborator (“User”). issy Digital Promos is owned by Entrepidus LLC with address at 2222 Ponce de Leon, Coral Gables, Third Floor, Miami, Fl 33134.

By purchasing issy Digital Promos Services, the User will be able to promote and allow consumers or shoppers (Participants) to activate digital promotions, discounts, and/or sweepstakes, and similar offers (Promotions) aimed at empowering engagement and brand sales growth. issy Digital Promos merely provides a platform for hosting Promotions,  and does not bear any responsibility for the content of the Promotions or any legal liabilities that may arise from the Promotions.

Please carefully read also the issy Digital Promos Terms and Conditions and Privacy Policy before accepting these TOS. By accepting these TOS the User also acknowledge that have also read, and hereby accepted issy Digital Promos Terms And Conditions and Privacy Policy

The User represents and warrants to hold all necessary authority to enter into these TOS, and also represents, warrants, covenants and agrees that (a) its promotions and campaigns will comply with issy Digital Promos policies ( Terms And Conditions and Privacy Policy ) which together with these TOS, and with any other commercial agreement and amendment, shall form one sole agreement between the User and issy Digital Promos.

1. SERVICE

1. Promotion Platform: issy Digital Promos provides a platform that hosts the User's digital Promotions. This service allows Participants to access, engage with, and benefit from various Promotions that Users initiate.
2. User/User's Duties to Customers: By using issy Digital Promos' platform, the User accepts full responsibility for the content, legality, scope, and compliance of their Promotions. The User guarantees that their Promotions are in full compliance with all relevant local, state, federal, and international laws and regulations.
3. Authorization: The User authorizes issy Digital Promos to publish, post, and upload their digital Promotions and sweepstakes, including the publication of terms and conditions that govern these Promotions. The User is solely responsible for all content and statements made within these Promotions.
4. Ultimate Responsibility: issy Digital Promos acts solely as a platform for facilitating the User 's services. It does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of the content posted by Users. As such, issy Digital Promos bears no responsibility for any statements, content, promises, or claims made in any User 's promotion.
5. Non-Exclusivity: The services provided by issy Digital Promos are non-exclusive. issy Digital Promos retains the right to enter into similar agreements with other entities.
6. Participant Interaction: issy Digital Promos may provide the capability for User to access or/and download profiles of Participants and/ or additional information, according to the relevant privacy policies.
7. Ongoing Compliance: The User acknowledges that it bears the final and ultimate responsibility for ensuring ongoing compliance with all laws. This includes any changes in the law that might affect their activities. The User agrees to periodically review these laws and regulations to ensure their Promotions are always in compliance.

2. issy DIGITAL PROMOS ACCOUNT

Users must have an administrator account on issy Digital Promos to enjoy the Services provided by issy Digital Promos.

In order to set up an Administrator Account you must provide us a valid entity email address where you will receive a welcoming invitation with the new issy Digital Promos Account we will create for you.

Upon receiving the invitation, you must click the Accept option to create a password which will enable you to log in the Administrator issy Digital Promos portal.

Users with an Administrator Account may assign any Collaborators to their Accounts during the use of our Services. Each Collaborator will have an individual Account which will allow them to use our Services as any features on the Platform.

3. issy DIGITAL PROMOS FUNCTIONALITIES

By accessing and clicking on “Promotions” in the main menu of the Administrator portal, you gain access to manage each Promotion configuration. Additionally, you may have access to Participants' information that may include, Participant Promotion Activation Code, invoice number, purchase receipt photo, product name, quantity, participant' name, last name, Participant´s email address, email, phone number, date of birth, location address, geolocation data, day of participation, non-personal information and other documents uploaded by participants among others.

Our platform uses Artificial Intelligence (AI) to validate the proof of purchase information from the receipt invoices submitted by Participants. The use of AI may introduce a margin of error in processing the receipts due to the complexity of how the information is written.

Using search tools, you can view specific participant details and filter information by entering the Participant's name, store, participation date, or email address. This functionality enables you to verify the information contained in the scanned receipt images as provided by the Participant, allowing you to either approve or invalidate their participation in the respective Promotion.

4. ACCESSING OR DOWNLOADING AND PROCESSING OF PARTICIPANTS PERSONAL INFORMATION

Personal information/data collected by issy Digital Promos (the Data Collector/Administrator) during the term of this agreement may be made accessible to Users for download exclusively through https://admin.issy.app or other mechanisms to integrate across third party platforms owned, managed or licensed by the User. This access is granted solely for the purpose of allowing Users to manage and process Promotions, announce, and deliver rewards and results, and export Participant list files in accordance with the information or other purposes specified in each Promotion's Terms and Conditions.

issy Digital Promos will facilitate access to Participant Information for each account Administrator and Collaborator registered on https://admin.issy.app. Access will be granted upon successful login using a valid username and password. The information may change through, based on a change of scope of any Promotion.

Data Retention : The Data Processor and/or Data Controller, will collect, process and store Personal Information, only subject to such Personal Information being legally required for the purpose of carrying out Promotions, in accordance with local, state, and federal data privacy and consumers protection laws in the relevant country of jurisdiction.

In any event, the Advertiser, Administrator or Collaborator must take all appropriate and adequate measures to ensure the privacy, confidentiality, and protection of Participant’s Personal Information.

Any Personal Information made available by issy Digital Promos to the Users, and stored, recorded, and processed by the Advertiser, Administrator or Collaborator (Users) through https://admin.issy.app, will be Administrator´s sole responsibility thereon. Therefore, User will be liable to Participants as to providing them with adequate mechanisms and guidelines to the treatment of their Personal Information, as well as assisting them in response to any inquiries.

Accordingly, Users will carry out all actions and adequate measures to ensure Participants´ Personal Information, in accordance with local, federal, and state data protection regulations in effect now, or that may come into effect in the future, aiming at protecting Participants´ Data protection rights.

Data Shared with Third Parties: Users shall be solely liable for sharing, and for the use, sale and/or exchange of User s Personal Information with third parties, for purposes other than as stated herein, without Participant´s express consent.

Data Breach: In case of unauthorized access or any breach of privacy event of Participants´ Personal Information, User will immediately notify Participants and take appropriate measures to address such unauthorized access and/or privacy breach, including measures to mitigate its possible adverse effects.

Data Deletion: User will ensure to employ its best practices and mechanisms to delete Participants´ Personal Information, when requested, and as provided in the Promotion Terms and Conditions, Issy´s privacy policy, and data protection applicable laws and regulations in the country of jurisdiction of each Participant.

Metrics and Measurement: issy Digital Promos shall endeavor to measure the volume, reach, engagement, influence and feedback, which shall be periodically updated on the portal dashboard.

Fees: In consideration of providing the Services, as described above, User will pay the sums as set out in the relevant commercial agreements executed between Users and issy Digital Promos. Fees will be billed and owed to issy Digital Promos as long as Service is active, and the Users have access to the Platform.

Acknowledgments

1. User Responsibility: Users are responsible for ensuring their activities align with the Privacy Policy and Customer Terms and Conditions provided by issy Digital Promos. Any actions that do not comply with these terms are solely the User's responsibility and may result in sanctions as described in our terms of service.
2. Limitation of Liability: While issy Digital Promos is committed to safeguarding the privacy of Users and Participants, we bear no responsibility for the User's own privacy policy terms or their compliance with privacy laws. Users are solely responsible for developing, implementing, and maintaining their own privacy policies in compliance with all relevant laws and regulations.
3. Data Processing: issy Digital Promos processes personal data of Users and Participants in accordance with our Privacy Policy. This policy describes the types of information we collect, how we use it, how we share it, and how we store and protect it. By using our platform, Users consent to our data practices as described in our Privacy Policy.
4. Privacy Compliance: It is the User's responsibility to ensure that their promotional activities conducted on the issy Digital Promos platform are compliant with all relevant privacy laws, regulations, and standards. This includes but is not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other local, state, federal, and international privacy laws.

Any violations of these terms will be the User's responsibility and may result in appropriate actions as described in our terms of service.

5. GENERAL CONDITIONS

Grant of Licenses among the parties: User hereby grants issy Digital Promos a non-exclusive, temporary, irrevocable and worldwide license to copy, store, display, print and distribute any and all promotional materials provided by the Administrator, or its Collaborators (User), including but not limited to photographs, artwork, text and graphics, in any media, presently known or unknown, including but not limited to issy Digital Promos Platform and in any electronic system whether that information is digitally stored or stored on any other media.

issy Digital Promos hereby grants the Advertiser, Administrator or its Collaborators (User) a non-exclusive, temporary, and worldwide license to store, use and display Promotions, or otherwise use, the issy Digital Promos Platform, solely in connection with the operation of, and the terms agreed for the Services.

Participants and Advertisers acknowledge that proof of purchase invoices images and data processed based on those images are the property of issy Digital Promos and can be used without restrictions by issy Digital Promos. Nevertheless, issy Digital Promos grants Advertisers a non-exclusive perpetual license over proof of purchase invoices images and derived data processed based on those images.

Participants and Advertisers acknowledge that Advertisers retains ownership of the data processed and generated by the surveys conducted by issy.

Use of Logo: Users hereby grants issy Digital Promos permission to use any name, trademark, logo or graphic designs, in connection with the Users digital Promotions on the issy Digital Promos Platform, as well as any Users´ marketing materials solely for the purpose of providing the Service. In the same way, Issy Digital Promos grants users permission to users´ to display Issy Digital Promos´logos and trademarks limited to the purpose of the Promotion service agreement.

Copyrighted Content: User must comply with local copyright laws. Only legally authorized copyrighted content is allowed during the use of the Service by the User. Any use of unauthorized copyrighted content and/or infringement of a holder's copyright is strictly forbidden on the issy Digital Promos Platform. Users must use Participants copyright material accordingly with the Terms and Conditions, the law and/or the terms of conditions of their promotions.

Ownership of non-personal information/invoices. issy Digital Promos grants a non-exclusive perpetual license to Users over proof of purchase invoices images and data processed based on those images. Users acknowledge that this information belongs to issy Digital Promos and can be used for issy Digital Promos purposes.

Alcohol and Tobacco Restrictions: Users will have the obligation to ensure that alcohol and tobacco are marketed in a responsible way and strictly for adults, in compliance with all necessary age restrictions, laws and regulations regarding the promotion of tobacco and alcoholic beverages applicable in its country of jurisdiction, or the country of jurisdiction of its Participants.

6. CONFIDENTIALITY:

Parties will maintain in confidence and will not disclose to third parties without the other’s prior written consent (i) the specific terms, like commercial agreements and amendments signed between the parties that will be part of this TOS; and (ii) information that is proprietary or confidential to the other Party. The confidentiality provisions will not apply to and will exclude information generally available to the public, or disclosed to a third party by the owning party without restriction, information rightfully obtained from other sources, information independently developed by the receiving Party or information previously known to a Party (and all analyses, compilations, studies or other documents prepared by the Parties, their agents, employees or professional advisors, which are based on such non-confidential information).

7. REPRESENTATION AND WARRANTIES

User hereby represents, undertakes and warrants that all brand and product promotions, as sweepstakes provided by the User under these TOS do not violate and/or infringe, or shall not at any time during or after this Agreement violate and/or infringe the intellectual property rights of any third party, and/or any data protection and advertisement regulations and/or any other laws governing the sale, promotion, distribution and consumption of tobacco and alcoholic beverages, as any other consuming products, as consumer protection regulations and/or other applicable local, state and federal law related therewith under its country of jurisdiction, or the country of jurisdiction of its Participants.

8. DISCLAIMERS

issy Digital Promos expressly disclaims all warranties regarding its Services or any portion thereof, including any implied warranty of merchantability or fitness for a particular purpose, any implied warranties arising from the course of dealing or course of performance, and any warranty regarding (a) the number of persons who will access any online Promotion, on issy Digital Promos Platform; (b) any promotional code User might obtain from any Promotion; and (c) the speed, accessibility, operation or functionality of any digital Promotion to be displayed on the Digital Promos Platform.

In addition, issy Digital Promos expressly disclaims all warranties related to the use of any of the Participants´ Personal Information made available to the Users, and stored, recorded and processed by any Administrator or Collaborator through https://admin.issy.app. Therefore, User hereby acknowledges and declares it will be solely liable and responsible to Participants for the Personal Information used, downloaded, stored, recorded and processed by any of its Administrators or Collaborators.

issy Digital Promos will not be responsible, nor liable to third parties for the User's privacy practices, nor its distributors, resellers, retailers, agencies, manufacturers, Users or similar, nor the content to any digital Promotions displayed on the Platform, nor will it be liable for User´s compliance of any applicable laws in regards to the protection of Personal Information belonging to the consumers or Participants during its promotions and sweepstakes.

9. TERM AND TERMINATION

These TOS shall remain in force as long as commercial agreements are in effect and Service remains active. Accordingly, User must hold access to the Platform.

Either Party may terminate this agreement at any time, as provided on issy Digital Promos Terms And Conditions and/or agreed by the Parties in relevant commercial agreements. The obligations of the Parties shall continue during the notice period, including any outstanding fees.

10. GOVERNING LAW AND DISPUTE RESOLUTION

The parties hereby declare that these TOS will be governed by the laws of the State of Florida.

Any controversy or claim arising out of or relating to this agreement including the validity, invalidity, breach or termination thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its International Arbitration Rules. The number of arbitrators shall be 1 appointed in accordance with said Rules, in case the Parties have not agreed on the selection of the arbitror, this will be appointed from an American Arbitration Association list by the relevant administrator. The place of arbitration shall be Miami, Florida, United States of America. The language of the arbitration shall be English. Any award rendered by the Court shall be made in writing and shall be final and binding on the Parties. The Parties undertake to carry out the award without delay.

11. NOTICES

Any or all notice to be given by the Parties hereto to each other under this agreement shall be in writing and Party giving such notice, or (b) by email at the addresses as mentioned below:

To issy Digital Promos at: Entrepidus LLC. 2222 Ponce de Leon, Coral Gables, Third Floor, Miami, Fl 33134. Email: support@issy.app.

To the Administrator email address provided for this Service.