Business Client Terms of Service

Publication date

2026-10-09

Effective date

2026-10-09

Version 2.11-PUSH-EN.
Publication and effective date: 9 October 2026.

1. Parties and subject matter

KICO GLOBAL EOOD (“OwnCup”, the “Operator”, “we”) provides the business client (the “Client”) with access to the OwnCup platform for managing a digital loyalty programme, a venue profile, permitted offers and communications.

Client means the party to the agreement with OwnCup and may operate one or more Locations. Location means a specific physical place of business of the Client verified in OwnCup; in the user interface, a Location may be called a café or venue. Guest means a user of OwnCup. Recipient means a Guest with an active selection of the relevant message category whom OwnCup includes in a send under the platform's uniform rules. Material means the campaign content and terms supplied by the Client.

The Client confirms that it acts within the scope of its professional or commercial activity, is registered in the form required by law and is authorised to manage the declared locations.

A Business Account user who gives a legally significant confirmation represents that they have authority to act on behalf of the Client. The confirmation is given on behalf of and binds the Client; a subsequent termination of that user's authority or access does not by itself revoke a confirmation already given.

These Terms, together with the Pricing & Plan Terms, the Marketing Push Messaging Policy and the confirmed order, constitute the Agreement between OwnCup and the Client.

2. Business Account

The billing owner is responsible for:

• selecting the plan and making payment;
• the accuracy of registration and tax data;
• verifying physical locations and including locations in the network;
• assigning roles to, and the actions of, users of its Business Account;
• promptly terminating the access of former employees.

Duplicates of the same physical Location, duplicate Accounts and artificial splitting of a network in order to circumvent the trial period, the unique active Guest limit or the plan are prohibited.

3. Plans and availability of features

The price, billing period, included features and restrictions are determined by the offer, the pricing page and the version of the Pricing & Plan Terms shown to the Client before the order.

A feature is included in the service only when, on the date of the order, it is expressly indicated as available for the selected plan. The roadmap, development plans, beta features and future integrations are not a contractual promise unless OwnCup has agreed otherwise in writing.

Paid plans are currently unavailable for self-service ordering. Publication of plan descriptions and prices does not constitute an offer to enter into an agreement for a paid plan immediately. Such a plan may be ordered only after OwnCup indicates that it is available in the Business Account or sends the Client a separate written offer.

Freemium, Start and Pro apply to one verified physical location. Partner is intended for multiple locations under the same owner and is calculated based on the number of active locations.

4. Trial period

The 45-day Pro trial is provided once to one billing owner for one selected verified location. It does not automatically extend to other locations, is not a Partner trial and cannot be obtained again through another Account.

The trial does not require a bank card, does not result in a charge and does not renew automatically. Marketing push messages are not included in the trial unless OwnCup expressly states otherwise in a separate written offer. At the end of the trial, the location moves to Freemium. A paid plan may be ordered separately only when OwnCup identifies it as available.

5. Payment, VAT and refunds

Unless another payment method is available in the interface, OwnCup issues an invoice or proforma invoice for a bank transfer in euros. Paid access is activated after the funds have been credited and identified.

There is no automatic renewal. A separate confirmation and payment are required for a new period. If payment is made within an agreed grace period, the new period is calculated from the original expiry date.

The Client provides accurate registration, address and tax information, including a valid VAT number where required. OwnCup may verify the information, request confirmation and defer activation until the correct tax treatment has been determined.

A confirmed duplicate payment, overpayment or amount received as a result of an OwnCup error is refunded to the originating bank account without undue delay, normally within 14 business days after verification. Termination of a plan does not create an automatic right to a refund for a period that has commenced, except where provided by law, a confirmed OwnCup error or a separate written agreement.

6. Freemium limit and Partner

Freemium includes up to 100 unique active Guests per calendar month. A special limit of 150 applies, under the terms of the Programme, to a Client whose participation in the current Founding Partner Programme has been confirmed by OwnCup. A unique active Guest is a user who has made at least one confirmed scan at the Location during the relevant month; repeat visits do not increase the number of unique Guests.

The 101st transaction is not rejected at the point of sale. Accrual and redemption of rewards already accumulated continue. Following notification, a seven-day grace period applies; OwnCup may then prevent new Guests from joining the Programme until the beginning of the next month or a move to an available paid plan.

For Partner, a location is considered active from the moment it is included in the network. The addition or removal of a location and a change in the discount band are taken into account from the next paid period, without recalculating the remaining days. A separate seasonal pause is not provided.

When a location is removed from the network, the data of the shared Programme and network rewards remain in the network; the location is not provided with a separate copy of the network balance.

7. Content, offers and rewards

The Client is fully responsible for:

• the legality, accuracy and currency of the profile, prices, promotions and restrictions;
• having the rights to images, texts, trademarks and other materials;
• required permissions, disclosures and other material restrictions;
• the availability, quality and actual provision of the promised reward;
• compliance with consumer protection, advertising, food and other applicable sector-specific requirements.

OwnCup moderation is a platform safety and control measure. It does not make OwnCup the author, seller, advertiser or obligor in relation to the Client’s offer.

Changes to and closure of the Programme are carried out in accordance with the Loyalty & Rewards Rules. The Client may not cancel a reward already obtained or retrospectively worsen confirmed progress, except in cases of fraud, manifest error, a legal requirement or another mandatory reason.

8. Marketing push messages

The Client may initiate a campaign only where the feature is included in its plan or in a separate written OwnCup offer, and only through the interface provided by OwnCup. The number of campaigns or another plan quota is specified in the plan, Business Account or offer and does not replace the protective Guest frequency cap.

The Client initiates the campaign and supplies the Material. OwnCup is the technical sender of the notification and applies uniform rules for determining the Recipient group, frequency and sending time. The Client does not select specific Recipients, upload contact lists or receive the Recipients' personal and technical data listed in section 10.2.

An automatic OwnCup reminder about visits, progress or a reward in the Client's Programme is not a Client-initiated campaign. OwnCup independently determines the uniform rules for such a reminder; the Client does not enable it for a particular Guest or select the trigger, Recipient, Material, period or sending time. If the Client is offered any ability to influence those parameters, that ability will not be activated until the parties' roles have been reassessed and the applicable documents updated.

Campaign geography is determined by the city of the verified Location to which the programme or offer relates. A Recipient must have a confirmed connection with the programme of the relevant Client or Location; the Guest's city of residence or presence alone does not create a right to inclusion. Language is determined by the available localisation of the Material and the application's language setting. The Guest's current geolocation is not used for this purpose.

As a general rule, OwnCup sends no more than one commercial push to a Guest in 24 hours and no more than two in seven consecutive days, and does not send commercial messages between 20:00 and 09:00 in the Location's time zone. OwnCup may apply a stricter cap, defer, combine or reject a campaign.

If an offer is limited in time, the Client specifies the local start and end date and time. OwnCup determines the time zone from the Location's verified address; the Client does not enter it separately. Immediately before sending, OwnCup checks that the offer has not ended and does not initiate a new send after the end.

OwnCup may, but is not obliged to, carry out prior and subsequent review of the Material and may reject, suspend or terminate a campaign where law, these Terms, the Marketing Push Messaging Policy or other OwnCup rules are breached.

The Client is responsible for the legality, accuracy and completeness of information about goods, services, prices, duration and other offer terms, its rights to the Material and performance of the offer for the Guest. A push message is not automatically a price offer; where Material contains a price, discount or price comparison, the Client independently ensures compliance with applicable prior-price and substantiation requirements. OwnCup does not set or control the Client's prices.

OwnCup is not the seller or provider under the Client's offer and does not warrant the accuracy of factual information supplied by the Client. This does not exclude OwnCup's liability for its own acts or omissions, including sending without the required consent, breaching the rules for determining the Recipients, distorting Material, or cases where exclusion of liability is prohibited by law.

9. Prohibited content

The following are prohibited: illegal goods, services and activities; fraud; false prices and discounts; concealed material terms; discrimination, hatred and violence; drugs; weapons; political campaigning; dangerous instructions; unsubstantiated medical claims; malicious links; spam; and circumvention of moderation.

OwnCup may not be used to list or promote any goods, services or materials that are available only to adults or designated as 18+, including alcoholic products, tobacco or nicotine products, gambling, pornography and sexual services. OwnCup does not use an age gate to permit such content: this content is excluded from the service entirely.

Infringements of intellectual property or privacy, images of individuals without a legal basis, collection of personal data through external forms or links, impersonation, manipulation of children and unlawful denigration of competitors are also prohibited. Food and health claims are permitted only where the legally required basis and disclosures are in place.

10. Access to data

This section describes access to data in accordance with Article 9 of Regulation (EU) 2019/1150.

10.1. OwnCup access

For the provision, protection, support and improvement of the service, OwnCup has technical and contractual access to:

• Business Account, employee, location, plan and payment data;
• the Client’s profiles, Programme rules, offers and materials;
• platform-generated records of scans, progress, rewards and redemptions;
• aggregated statistics, security, moderation and support logs.

OwnCup uses these data only for performance of the Agreement, security and prevention of abuse, support, plan calculation, mandatory record-keeping, protection of rights, compliance with the law and development of the service in de-identified or aggregated form where possible.

10.2. Client access

Through the available business interface, the Client receives:

• data on its own business profile and its locations;
• its own Programme rules, offers and materials;
• moderation status and operational messages;
• for transactions in its own programme: the Guest’s displayed or generated name, the time, offer or transaction type, associated reward, confirmation status and history of such transactions;
• aggregated activity indicators for its locations or network;
• order, plan and billing documents provided by OwnCup.

For the formation and conduct of a push campaign, OwnCup does not disclose or provide the Client with access to an email address, telephone number, internal user identifier, push identifier, including an FCM registration token or APNs device token, Firebase Installation ID, Recipient list, or individual results of technical transmission, delivery, opening or click-through. OwnCup does not collect push open, view or click-through events; if such analytics are offered in the future, a separate decision, disclosure and applicable legal basis will be required before activation.

In the loyalty-programme interface, the Client does not receive an email address, telephone number, internal user identifier, push identifier, Firebase Installation ID, data about participation at other cafés or an export of the Guest list. The available history is a limited operational history of the Client’s Programme: each identifiable transaction is available for no more than 12 months after it takes place and is hidden earlier if the Guest’s participation or the relevant Programme ends. Restricting past identifiable history does not terminate or reset current confirmed progress, the status of a reward already obtained or the Client’s obligation to provide it; the current state needed for the Programme may be displayed separately without restoring old transactions. The history may not be used for independent marketing, creation of an external profile, combination with other sources or bulk copying.

The Client grants access only to staff members who need it for the programme, ensures confidentiality and promptly closes access for former staff members or those whose role has changed. Screenshots, paper records and other storage of personal data outside the designated OwnCup interface are not required by the service and are permitted only where there is an independent legal basis and the Client complies with its obligations as controller.

The Client does not receive data of other business users. Service-wide summary indicators may be provided only in aggregated form that does not reasonably permit the identification of another Client or Guest.

10.3. Third parties

OwnCup transfers data to providers of infrastructure, authentication, message delivery, maps, hosting, backup, support, accounting and payments only to the extent necessary for operation of the service, performance of the Agreement or compliance with the law. Provider categories and international transfer rules are described in the Privacy Notice.

OwnCup does not transfer Client data or platform-generated data to third parties for their own advertising. If an optional transfer not necessary for the service is offered in the future, OwnCup will disclose the purpose, recipient and available opt-out in advance.

10.4. Data after termination

Following termination of the Agreement, the Client loses access to the business interface. Before termination, it may request a reasonably available copy of its own business data, contractual documents and aggregated reports in the format used by OwnCup.

OwnCup retains data after termination only for the periods necessary for accounting and tax records, security, dispute resolution, protection of rights, backup and compliance with the law. Content is deleted or de-identified at the end of the applicable period. Guest personal data are not transferred to the Client upon termination.

10.5. Roles of the parties under the GDPR

OwnCup is an independent controller in respect of the single Account, authentication, obtaining and logging the selection of push categories, push registrations, suppression, overall architecture, security, anti-fraud measures, manual corrections, aggregated analytics, support, fulfilment of data subject rights and uniform platform rules.

For transactions in a particular Client’s programme – joining by a Guest, confirmation, display of the name and history, accrual of progress and provision of a reward – OwnCup and the Client act as joint controllers under Article 26 of the GDPR. The Client determines the purpose and rules of its programme, the rewards and the decision upon its termination; OwnCup determines the technical means, field set, storage, security, rectification and deletion within the platform.

For the limited operation of forming and conducting a Client-initiated push campaign, the parties also act as joint controllers: the Client determines the commercial purpose, Material, Locations and period; OwnCup determines the technical means and applies the Guest's selection and uniform rules for determining the Recipients, frequency and sending time.

The subsequent operation of generating and sending an automatic Programme reminder under OwnCup's uniform rules is OwnCup's independent operation. This does not alter the joint nature of the preceding loyalty operation from which the visit, progress or reward information arose.

The Client acts as an independent controller in respect of the content of its profile, Material, prices, offer terms and performance, photographs and videos, and any independent storage or use of data outside OwnCup. OwnCup is not the Client’s processor for the core operations listed above; separate processing under Article 28 of the GDPR arises only where there is an expressly agreed, documented instruction for a specific additional operation.

This subsection, together with the Marketing Push Messaging Policy incorporated into the Agreement, constitutes a binding allocation of responsibilities between the parties under Article 26 GDPR for the joint operations described above. The essence of the allocation is made available to the Guest in section 9 of the Privacy Notice. The allocation does not alter either party's statutory obligations to the Guest or a supervisory authority.

Obtaining and logging a marketing-category selection is OwnCup's independent operation. Within the joint campaign operation, OwnCup uses the status of that selection only as a mandatory eligibility condition for admitting a Recipient to the campaign. Including this duty in the following matrix does not extend joint control to the independent obtaining, storage or withdrawal of the selection.

The Guest may contact either party irrespective of the designated contact point. The period for fulfilling a request runs from the date on which either party receives it; internal forwarding does not restart the period.

Before first accessing the creation of a Client-initiated push campaign, an authorised user separately confirms the Client's acknowledgement and acceptance of this allocation of responsibilities and the applicable versions of these Terms, the Marketing Push Messaging Policy and the Privacy Notice. Without that confirmation, campaign creation is unavailable, but the principal Agreement and other available functions remain in effect. A material change to the allocation of responsibilities requires a new confirmation before campaign-creation access continues.

After termination of the Agreement or disabling of the push function, OwnCup ceases new sending of Client-initiated campaigns and cancels pending jobs and retries, except for the minimum technical processing necessary for a message already transmitted. Suppression and evidence of selection are retained for the periods set out in section 12 of the Privacy Notice.

11. Ranking and absence of preferential treatment

The main parameters affecting venue visibility, in their usual order of relative importance, are:

1. relevance to the query and selected filters, and geographical proximity;
2. activity, technical availability and moderation status of the profile;
3. completeness and currency of the profile;
4. availability of a valid Programme or offer.

Relevance to the query and selected filters, and geographical proximity, carry the greatest weight because they directly reflect the user’s request and the practical accessibility of the venue. Activity, technical availability and moderation status follow because unavailable or restricted profiles should not occupy leading positions. The completeness and currency of the profile, followed by the existence of a current programme or offer, make the result more useful but do not usually displace relevance to the query and accessibility.

The precise weight of the parameters may change to protect against manipulation and improve relevance. A plan may include visibility in map or discovery features, but does not guarantee a specific position, number of impressions, routes, visits or revenue.

OwnCup currently does not offer its own cafés, beverages or rewards that compete with Client offers, and does not provide related businesses with preferential access to data or ranking. Paid position enhancement, if introduced, will be clearly labelled and disclosed before use.

The Client may offer its goods and services through other channels on different terms. OwnCup does not impose price parity or exclusivity.

12. Intellectual property

The Client retains the rights to its content and grants OwnCup a non-exclusive licence, valid in the territory where the service is provided, to store, reproduce, technically adapt, moderate and display the content to the extent necessary for the operation and promotion of OwnCup and the Client’s offer.

The licence terminates after the content is removed and a reasonable technical period has ended, except for backups, moderation evidence and cases where retention is required by law or for the protection of rights.

Rights to OwnCup software, design, databases, trademarks and materials belong to OwnCup or its licensors. The Client receives only a limited right to use the service under the Agreement.

13. Restriction, suspension and termination

OwnCup may restrict content, a feature or an Account in the event of:

• a breach of these Terms or policies;
• a complaint or reasonable suspicion of illegal content;
• a risk to users or the platform;
• fraud, spam, malicious code or a data breach;
• non-payment;
• a requirement of law or a competent authority.

When imposing a restriction or suspension, OwnCup sends, before or at the time the measure takes effect, by email or on another durable medium, a statement of reasons specifying the circumstances and contractual basis, unless disclosure is prohibited by law or creates a security threat.

In the event of a planned termination of all access, OwnCup provides a statement of reasons at least 30 days in advance. This period does not apply in the case of a mandatory legal requirement, an imperative ground for immediate termination or repeated breaches justifying termination. In such a case, the reasons are communicated without undue delay where permitted.

The Client may submit explanations and request a review of the decision under the procedure in the Report Illegal Content & Support document.

14. Small-enterprise status under P2B

As at the effective date of this version, KICO GLOBAL EOOD meets the criteria for a small enterprise under the Annex to Commission Recommendation 2003/361/EC, taking into account the applicable rules on partner and linked enterprises.

Therefore, the obligations concerning a formal internal complaint-handling system and the identification of at least two mediators, provided for in Articles 11 and 12 of Regulation (EU) 2019/1150, do not currently apply to OwnCup.

OwnCup reviews the continuation of this status annually and upon a material corporate change. If the exemption ceases to apply, OwnCup will update these Terms and introduce the required procedures before the applicable transition period expires.

Regardless of the exemption, the Client may submit a complaint or a request for review to support@owncup.eu free of charge. OwnCup considers such requests in good faith and communicates the outcome in clear language.

15. Liability

A party is liable where there is a proven breach, causation and documented loss, unless mandatory law establishes a different standard.

OwnCup’s aggregate liability under the Agreement is limited to the amount actually paid by the Client for the three calendar months preceding the event. For the free plan, aggregate liability is limited to €100. The limitation does not apply to wilful misconduct, gross negligence, a breach causing death or personal injury, or other cases in which limitation is prohibited by law.

OwnCup is not liable for the goods, service, legality of the Client’s offer or the Client’s refusal to provide a reward, except for loss directly caused by its own proven platform error.

The Client indemnifies OwnCup for documented reasonable losses and expenses caused by illegal content, infringement of third-party rights or culpable non-performance of an offer by the Client, provided that it is notified promptly and given an opportunity to participate in the defence.

If one party has paid compensation to a Guest for damage relating to a joint operation, it may claim from the other party the portion of the compensation and documented reasonable costs corresponding to the other party's responsibility under Article 82(5) GDPR. The contractual cap on OwnCup's liability above does not apply to such a recourse claim to the extent that the compensation and costs correspond to OwnCup's established responsibility. The claiming party must notify the other party promptly, allow it to participate in the defence, and must not, without reasonable necessity, admit the claim or amount of liability without consultation. Administrative fines and other public-law penalties may be reallocated only to the extent permitted by applicable law.

16. Changes to the Terms

OwnCup sends proposed changes by email or on another durable medium that allows the information to be stored and reproduced unchanged, at least 15 days before they take effect. A longer period is provided if the change requires material technical or commercial adaptation.

The Client may terminate the Agreement before the change takes effect. Changes do not apply retrospectively, except where required by law or where the change is beneficial to the Client.

The notice period may not apply in the case of a mandatory legal requirement or an unforeseen immediate threat related to fraud, malicious code, spam, a data breach or another cybersecurity risk.

17. Termination by the Client

The Client may terminate the Agreement by sending notice to info@owncup.eu. Termination takes effect at the end of the paid period or earlier if OwnCup has agreed this in writing or mandatory law requires otherwise.

Before termination, the Client is responsible for properly notifying Guests and completing or making transitional arrangements for the active Programme and rewards already obtained.

18. Contacts and applicable law

Operational questions and complaints: support@owncup.eu; contractual and billing questions: info@owncup.eu; personal data: privacy@owncup.eu.

The Agreement is governed by the law of the Republic of Bulgaria. Disputes not resolved through negotiation shall be resolved by the competent courts of the Republic of Bulgaria, subject to mandatory European Union rules.