Terms of Service
These Terms of Service (the "Terms") govern your access to and use of the satooB platform, websites, mobile experiences, and related services (collectively, the "Service") operated by Konatamo LLC ("satooB", "we", "us", "our"), a limited liability company organized under the laws of the State of New Mexico, USA, with its registered office at 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA.
By creating an account or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
The Service is offered to two distinct audiences with overlapping but distinct rights and obligations:
- End-Users (consumers participating in loyalty programs administered by Merchants) — also bound by the User Terms.
- Merchants (businesses operating loyalty programs through the Service) — also bound by the Partner Terms.
These Master Terms apply to both audiences. Where these Master Terms conflict with the User Terms or Partner Terms, the more specific document prevails for that audience.
1. Introduction & acceptance
These Terms constitute a binding legal agreement between you and Konatamo LLC. Please read them carefully. If you are accepting these Terms on behalf of a legal entity, you represent that you have the authority to bind that entity, in which case "you" and "your" refer to that entity.
We may update these Terms from time to time. See Section 15 (Modifications) for how changes take effect.
2. Definitions
For the purposes of these Terms:
- "Customer" means any natural or legal person that opens an account on the Service, including End-Users and Merchants.
- "End-User" means a natural person who uses the Service to participate in loyalty programs administered by Merchants.
- "Merchant" means a legal entity that uses the Service to administer one or more loyalty programs for its consumer end-customers.
- "Platform" means the websites, applications, application programming interfaces, mobile experiences, and back-end services provided under the satooB brand.
- "satoPOINTS" (also rendered "sP") means the internal accounting units used by the Platform to track participation in Merchant loyalty programs. The legal nature of satoPOINTS is described in Section 5 and in the User Terms.
- "Voucher" means a fiat-denominated discount instrument issued through the Platform and honoured at participating Merchants.
- "Acceptable Use Policy" or "AUP" means the policy located at /legal/aup, incorporated into these Terms by reference.
- "Privacy Policy" means the policy located at /legal/privacy, incorporated into these Terms by reference.
3. Eligibility
To use the Service you must:
- Be at least 18 years old, or the age of legal majority in your jurisdiction, whichever is greater;
- Have the legal capacity to enter into binding contracts under your local law;
- Not be a person, or a representative of an entity, listed on any trade sanctions list maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), the European Union, the United Kingdom, or the United Nations;
- Not be located in, or be a resident of, any country or territory subject to comprehensive trade sanctions imposed by the United States;
- Provide accurate registration information and keep it current.
We reserve the right to refuse, suspend, or terminate any account at our sole discretion where we have a reasonable basis to believe these eligibility requirements are not met.
4. Accounts
You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorised use of your account at security@satoob.com.
We are not liable for any loss or damage arising from your failure to comply with the obligations in this Section 4.
5. Description of the Service
The Service is a software-as-a-service platform that enables business-to-business merchant clients to administer customer loyalty programs for their consumer end-customers. Through the Platform, Merchants reward their consumer end-customers with internal accounting units (satoPOINTS) that End-Users may redeem solely for fiat-denominated discount vouchers honoured by participating Merchants.
The Platform is positioned as a Pure Loyalty SaaS Classification under the Operating Agreement of Konatamo LLC. The Service is a software service that mediates loyalty interactions between Merchants and their consumer end-customers, and is not, at any time:
- a money transmitter, money services business, or payment institution under the laws of any jurisdiction;
- a deposit-taking institution, electronic-money institution, or stored-value issuer;
- a virtual asset service provider, cryptocurrency exchange, broker, dealer, custodian, or wallet provider;
- a securities issuer, broker-dealer, or investment adviser;
- a fiduciary of any End-User.
The discount vouchers honoured at participating Merchants are commercial discount instruments offered by individual Merchants to their respective customers. satooB does not honour, redeem, or cash out vouchers — it merely facilitates issuance, validation, and accounting. The settlement of the underlying commercial discount is performed by the issuing Merchant at point of sale.
6. Acceptable use
Your use of the Service is subject to the Acceptable Use Policy, which sets out prohibited activities and content. Material breach of the AUP may result in immediate suspension or termination of your account under Section 9.
7. Intellectual property
The Service, the satooB brand, the Konatamo brand, the satooB logos and mascots, the satoPOINTS / satoQUEST / satoVOUCHER product family, and all related designs, software, content, and materials are the exclusive property of Konatamo LLC or its licensors, and are protected by copyright, trademark, trade-dress, and other intellectual property laws.
We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to access and use the Service in accordance with these Terms. No other rights are granted.
You may not (and may not permit any third party to): (i) copy, reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any portion of the Service; (ii) reverse engineer, decompile, or disassemble the Service except to the extent applicable law expressly permits such activity notwithstanding contractual restrictions; (iii) remove, alter, or obscure any proprietary notices on the Service.
8. User content
The Service allows Merchants to upload content (logos, copy, campaign assets) and End-Users to submit content (e.g. survey responses, quest answers). You retain ownership of your content. By submitting content to the Platform you grant Konatamo LLC a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, display, and distribute that content solely for the purpose of operating the Service.
You represent and warrant that you own or have the necessary rights to the content you submit, and that the content does not infringe any third-party rights or violate the AUP.
9. Termination
You may stop using the Service and close your account at any time from your account settings.
We may suspend or terminate your access to the Service immediately, without notice, where we have a reasonable basis to believe that:
- you have materially breached these Terms, the AUP, the User Terms, or the Partner Terms;
- your use of the Service creates legal risk or operational risk for us, other Customers, or any third party;
- continuing to provide the Service to you would violate applicable law.
Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (Sections 7, 10, 11, 12, 13, 14, 16, and 17) survive termination.
10. Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any data you store on or transmit through the Service will be secure or not otherwise lost or damaged.
Some jurisdictions do not allow the disclaimer of certain warranties. To that extent, the foregoing disclaimers may not apply to you.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
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NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU TO US UNDER THESE TERMS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.
The limitations above will not apply to: (i) a Party's indemnification obligations under Section 12; (ii) a Party's gross negligence, wilful misconduct, or fraud; (iii) any liability that cannot be excluded under applicable law (including, in the European Union, liability for death, personal injury, or fraudulent misrepresentation).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. The above limitation applies only to the extent permitted by such laws.
12. Indemnification
You agree to indemnify, defend, and hold harmless Konatamo LLC, its affiliates, officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your breach of these Terms, the AUP, the User Terms, or the Partner Terms; (ii) your violation of any law or third-party right; (iii) your content submitted to the Service.
We will indemnify you against any third-party claim that the Service, when used in compliance with these Terms, infringes a third party's intellectual property rights, subject to: (a) prompt written notice of the claim; (b) our sole control over the defence and settlement; (c) reasonable cooperation from you, at our cost, in the defence.
13. Governing law
These Terms are governed by and construed under the laws of the State of New Mexico, USA, without regard to its conflict-of-laws principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If you are a consumer resident in the European Union or the United Kingdom, the foregoing choice of law does not deprive you of the protection afforded to you by mandatory provisions of the law of your country of residence.
14. Dispute resolution
14.1 For Customers in the United States
Any dispute arising out of or related to these Terms or the Service will be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The seat of arbitration shall be Albuquerque, New Mexico. The language of the arbitration shall be English. Judgment on the award rendered may be entered in any court of competent jurisdiction.
Class action waiver. You agree that any dispute will be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding.
14.2 For Customers in the European Union and the United Kingdom
Notwithstanding Section 14.1, if you are a consumer resident in the European Union or the United Kingdom, you may bring proceedings in the courts of your country of residence, and we may bring proceedings only in those same courts. Mandatory consumer protection laws of your country of residence apply.
The European Commission also operates an Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. We are not contractually bound to resolve disputes through that platform but list it for completeness as required by EU Regulation 524/2013.
14.3 For all other Customers
For Customers not covered by Sections 14.1 or 14.2, disputes will be resolved by AAA arbitration as set out in Section 14.1, except that the arbitrator may, at its sole discretion, allow proceedings to take place in the Customer's country of residence on grounds of equity.
15. Modifications to these Terms
We may modify these Terms from time to time. If a modification is material — that is, if it would increase your obligations, reduce your rights, or change the financial terms in a non-trivial way — we will provide at least thirty (30) days' notice before the modification takes effect, by email to the address associated with your account or through a prominent notice on the Platform.
For non-material modifications, we will publish the updated Terms with a revised "Last updated" date. Your continued use of the Service after the effective date of any modification constitutes acceptance of the updated Terms.
If you do not agree to a material modification, you may terminate your account before the effective date by following the steps in Section 9, in which case the prior version of the Terms will continue to govern any obligations that survive termination.
16. General
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
Entire agreement. These Terms, together with the User Terms or Partner Terms (as applicable), the AUP, and the Privacy Policy, constitute the entire agreement between you and Konatamo LLC regarding the Service and supersede all prior or contemporaneous communications between us on the same subject matter.
Assignment. You may not assign these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction in connection with a merger, acquisition, or sale of all or substantially all of our assets.
No waiver. Failure to enforce any provision is not a waiver of our right to enforce it later.
Force majeure. Neither Party will be liable for any failure to perform due to causes beyond its reasonable control.
Electronic signatures. You consent to the use of electronic signatures and electronic records in connection with these Terms, in accordance with the U.S. Electronic Signatures in Global and National Commerce Act ("E-SIGN") and the EU Electronic Identification, Authentication, and Trust Services Regulation ("eIDAS").
Notices to satooB. Legal notices must be sent in writing to: Konatamo LLC, 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA, with a courtesy copy to legal@konatamo.com.
17. Contact
For questions about these Terms, please contact:
- Legal & contractual matters: legal@konatamo.com
- Privacy & data protection: privacy@satoob.com
- Customer support: contact@satoob.com
- Security disclosures: security@satoob.com
Postal address (for legal service of process): Konatamo LLC, 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA.