Terms and conditions

These terms are an agreement between Metadia Ltd, a company registered in England and Wales under company number 14573833, with its registered office at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom (“Fidelia”, “we”) and the business that creates a Fidelia account (“you”, the “merchant”). By creating an account or ordering a plan you accept these terms on behalf of your business and confirm that you are authorised to do so.

Fidelia is offered to businesses only, for professional purposes. Consumer protection rules, such as the right of withdrawal for distance contracts, therefore do not apply to this agreement. Our privacy policy and our data processing agreement form part of these terms.

Fidelia lets you create digital loyalty cards (stamps and, on Pro, points, cashback, membership or prepaid cards) that your customers add to Apple Wallet, Google Wallet or keep as a web card. Your staff use the Fidelia scanner on any phone to add stamps and give out rewards. Depending on the plan, Fidelia also offers messages to card holders, reminders near your shop, several cards, statistics and export, and VIP levels.

What is included in each plan is described on our pricing page. We keep improving Fidelia and may change or replace features, as long as the core of your plan stays available. We will tell you in advance about any change that significantly reduces your plan.

• You give correct information when you sign up and keep it up to date, in particular your business name, country and billing details.
• You keep login details and PINs confidential, and you are responsible for what is done in your account. Tell us at once at hello@fidelia.se if you suspect misuse.
• The owner manages billing and the team. You decide who gets access as manager or staff and remove people who no longer work with you.
• Your country (Belgium or Sweden) sets the currency, payment methods and languages of your account. It cannot be changed afterwards without contacting us.

Fidelia has two plans, Essential and Pro, billed per location. Extra locations are billed as an option. The prices are those shown on our pricing page when you subscribe, in euros. The price shown is the price you pay.

Pro starts with a free trial of 14 days, once per business. A payment method is requested when the trial starts; the first payment is taken at the end of the trial unless you cancel before. Essential is billed from the day you subscribe.

You can pay monthly or yearly. The yearly price equals ten months, so two months are free. Subscriptions renew automatically for the same period until you cancel.

Founding merchants who received a founding price keep it for as long as their subscription continues without interruption. It ends if the subscription is cancelled or changed to another plan.

Payments are processed by Stripe, in advance for each billing period. Accepted payment methods: card, Bancontact and SEPA Direct Debit. Invoices are available in the billing page of your dashboard.

If a payment fails, we will ask you to update your payment method. Your dashboard stays available, and the scanner keeps working for 7 days after the end of your trial or paid period. After that, new stamps and points are paused until payment is made; rewards and balances your customers already have can still be used. Unpaid amounts may bear late payment interest as provided by the Late Payment of Commercial Debts (Interest) Act 1998.

We may change our prices with at least 30 days’ notice by email. The new price applies from your next billing period after that date. If you do not agree, you can cancel before it applies.

You can cancel at any time in your dashboard. Your plan then stays active until the end of the period already paid, and is not renewed. Periods already started are not refunded, except where the law requires it.

We may end the agreement with 30 days’ notice by email, for example if we stop offering Fidelia in your country. In that case, we refund the part of a prepaid period after the end date.

We may suspend or end your account immediately, after warning you where possible, if you seriously breach these terms, in particular in case of fraud, abuse of the service, repeated unpaid amounts or use that puts others at risk.

When the agreement ends, your cards stop being updated and are deactivated in your customers’ wallets. You can ask for an export of your data before the end. Data is then deleted as set out in the data processing agreement.

You can order acrylic A5 QR stands from your dashboard. A stand is paid when you order it, at the price shown when ordering; printing and delivery are included.

If Fidelia designs the sheet, we send you a proof by email and print only after you approve it. If you upload your own file, you are responsible for its content and for including your shop’s QR code; we print it as supplied.

We aim to ship within a few working days after approval. If a stand arrives damaged or with a printing defect on our side, tell us within 14 days with a photo and we will replace it free of charge. Since stands are personalised, orders cannot be cancelled once printing has started.

You agree to use Fidelia lawfully and fairly. In particular, you will not:

• send messages that are misleading, offensive, unlawful or unrelated to your business, or try to reach customers who did not opt in to news;
• add stamps or rewards that do not correspond to real purchases or visits, or use Fidelia to deceive customers;
• try to access other businesses’ data, overload or reverse-engineer the service, or get around its limits;
• use logos, names or images you do not have the right to use.

You keep all rights to your logo, texts and images. You allow us to use them to produce and show your cards, stands and messages for as long as the agreement lasts. We may remove content that clearly breaches these terms or the law.

The rewards, rules and promotions you offer are your own commitment to your customers. You are responsible for honouring them, for informing your customers about the rules of your programme and for complying with the rules that apply to it, such as consumer, advertising and tax law.

Prepaid and cashback cards mean that you hold value for your customers. Depending on how you use them, they may be subject to rules on gift cards or electronic money; check with your accountant or advisor before offering them.

For card holders, Fidelia is free and only provides the technology. Questions about rewards are handled by the shop.

For your customers’ data, you are the controller and Fidelia is your processor. Our data processing agreement applies automatically and sets out our commitments. You are responsible for having a valid legal basis, for informing your customers, for example by referring to our privacy policy at the counter or on your website, and for answering their requests, using the tools in your dashboard.

For your own account data and that of your team, Fidelia is the controller, as explained in our privacy policy.

Fidelia, its software, design and documentation remain our property or that of our licensors. During the agreement, you get a non-exclusive, non-transferable right to use Fidelia for your business. Feedback you give us may be used to improve the service, without any obligation towards you.

We do our best to keep Fidelia available at all times and to announce planned maintenance in advance. We cannot guarantee uninterrupted operation, in particular because cards depend on Apple Wallet, Google Wallet, phone networks and other services we do not control.

Support is provided by email at hello@fidelia.se, in the languages of your country and in English, on working days.

Each party is liable for direct damage it causes by breaching this agreement. Neither party is liable for indirect or consequential damage, such as lost profit, lost revenue, lost customers or damage to reputation.

Our total liability per year is limited to the amount you paid us in the twelve months before the event that caused the damage.

These limits do not apply in case of fraud, intentional misconduct or gross negligence, to bodily injury, or where the law does not allow liability to be limited. We are not liable for delays or failures caused by events beyond our reasonable control (force majeure), such as outages of providers or networks.

We may update these terms. We will tell you about important changes by email at least 30 days before they apply. If you do not agree, you can cancel before the date of the change; if you keep using Fidelia afterwards, the new terms apply.

These terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.

Before going to court, write to us at hello@fidelia.se: we will look for a solution together. If a clause of these terms is invalid, the rest stays in force and the clause is replaced by a valid one that comes as close as possible to its purpose.

These terms are available in English, French, Dutch and Swedish. If the language versions differ, the English version prevails.

Fidelia is a brand of Metadia Ltd, a company registered in England and Wales under company number 14573833, with its registered office at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom. For any question about these terms, write to hello@fidelia.se.