Terms of Service

These Terms of Service (“Terms”) govern access to and use of Form44 (“Form44,” “we,” “us,” or “our”), a wallet-native loyalty platform that lets a business (“Merchant,” “you”) issue Apple Wallet and Google Wallet loyalty cards to its own customers (“Members”). By creating an account, joining the waitlist, or otherwise using Form44, you agree to these Terms. If you don't agree, don't use the service.

Form44 is operated as a sole-trader business based in Victoria, Australia.

Members who add a loyalty card to their phone do not create a Form44 account and are not a party to these Terms. Section 6 explains how Member information is handled, and our Privacy Policy covers this in full.

1. The service

Form44 lets a Merchant design a loyalty card, publish a single QR code or link so Members can add that card to Apple Wallet or Google Wallet, stamp visits through a staff tool, and send push updates to enrolled Members. Some features (custom branding, push notification volume, analytics depth) vary by subscription plan as described on our pricing page, which forms part of these Terms.

2. Accounts

You must be at least 18 and authorised to act for the business you register. You're responsible for the accuracy of information you provide, for keeping your login credentials and any staff stamper access confidential, and for all activity under your account, including actions taken by staff you've granted access to. Tell us promptly at hello@form44.app if you suspect unauthorised use.

3. Subscriptions, billing & Stripe

Paid plans are billed in AUD on a recurring basis through Stripe, our payment processor. Form44 never receives or stores your card number — Stripe handles that directly, subject to its own terms and privacy practices.

• Prices, plan limits, and included push-notification volumes are as shown on the pricing page at the time of purchase and may change on reasonable notice for future billing periods.
• Subscriptions renew automatically each billing period until cancelled. You can cancel any time from your dashboard billing settings; cancellation takes effect at the end of the current paid period and you keep access until then.
• If a payment fails and isn't resolved after Stripe's retry schedule, your account may be downgraded to the Free plan. Your Members and their cards are not deleted when this happens.
• Fees are non-refundable except where required by the Australian Consumer Law or other applicable law, or where we agree otherwise in writing.
• Free-trial terms (length, eligibility, what happens at trial end) are as stated at signup for that trial.

4. Acceptable use

You agree not to:

• Use Form44 for a business that is illegal, or to run a loyalty or rewards program that is deceptive, fraudulent, or facilitates unlawful activity;
• Share staff stamper access or device pairing with anyone outside your business, or use another Merchant's stamper without authorisation;
• Attempt to reverse-engineer, scrape, or gain unauthorised access to Form44's systems, other Merchants' data, or Members' wallet pass credentials;
• Send push notifications that are unlawful, unrelated to the loyalty program, or that violate Apple's or Google's wallet program guidelines; or
• Resell or white-label the platform without our written consent.

5. Wallet passes depend on Apple and Google

Loyalty cards are delivered as Apple Wallet and Google Wallet passes. Add-to-wallet behaviour, push delivery timing, offline caching, and pass display are ultimately controlled by Apple's and Google's wallet platforms and their own device software — not by Form44. Pass updates (a new stamp, a reward unlocked) are typically reflected within seconds to about a minute, but delays, and rare cases where Apple or Google change or discontinue their wallet APIs, are outside our control and are not a breach of these Terms.

6. Member data is yours to steward

When a Member joins your program at your /join link, we collect and store their information (such as name, and stamp/visit history) and process it as your service provider, on your instructions, so the loyalty program works. As between you and us:

• You are responsible for having a lawful basis to collect and use your Members' information under any privacy or spam law that applies to your business (for most Australian small businesses, this means the Australian Privacy Principles and the Spam Act 2003 where relevant);
• You are responsible for honouring the reward terms you display to Members (stamp count, reward description, expiry rules you set);
• We act on your instructions for sending push notifications, and plan-tier caps on notification volume exist to keep the platform usable for every Merchant, not as a limit on your ownership of the Member relationship.

7. Intellectual property

Form44 and its underlying software, design, and branding are owned by us or our licensors. You retain ownership of your business name, logo, card artwork, and reward copy (“Merchant Content”) and grant us a licence to host, display, and transmit it solely to provide the service to you and your Members, including inside Apple Wallet and Google Wallet passes.

8. Service availability

Form44 is provided “as is” and “as available.” We work to keep the service reliable but don't guarantee uninterrupted or error-free operation, and we may modify, suspend, or discontinue features with reasonable notice where practical (for example, if a subscription tier or add-on is retired).

9. Liability

Nothing in these Terms excludes a guarantee, right, or remedy you have under the Australian Consumer Law or other law that can't lawfully be excluded. To the maximum extent the law allows: Form44 is not liable for indirect or consequential loss (such as lost profits or lost data) arising from your use of the service; and our total liability for any claim arising from these Terms or the service is limited to the amount you paid us for the service in the three months before the claim arose.

10. Indemnity

You agree to indemnify Form44 against claims, losses, and costs arising from your Merchant Content, your breach of these Terms, or your unlawful handling of Member information.

11. Term & termination

You may close your account at any time from your dashboard. We may suspend or terminate an account that materially breaches these Terms, with notice where reasonably possible. On termination, active Member wallet passes for your business are deactivated and staff stamper access is revoked; we retain data only as described in our Privacy Policy.

12. Changes

We may update these Terms as the product evolves. We'll update the effective date above and, for material changes, make reasonable efforts to notify account holders by email or in-product notice. Continued use after a change takes effect means you accept the updated Terms.

13. Governing law

These Terms are governed by the laws of Victoria, Australia, and the courts of Victoria have exclusive jurisdiction over any dispute arising from them or the service, unless applicable consumer protection law says otherwise.

Contact

Questions about these Terms: hello@form44.app.