Terms of Service

GoBalik Terms of Service

These Terms of Service ("Terms") govern access to and use of the GoBalik platform and related services provided by GoBalik Technologies OPC ("GoBalik", "Company", "we", "our", or "us"), including our websites, merchant dashboard, APIs, QR and NFC-powered loyalty systems, analytics, mobile applications, and related services (collectively, the "Services").

By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Eligibility and Accounts

The Services are intended for businesses and their authorized representatives.

By creating an account, you represent that you have the legal capacity to enter into binding agreements or are authorized to act on behalf of the Merchant.

Accounts created by employees, officers, or other representatives remain the property of the Merchant they represent.

You are responsible for maintaining accurate account information and safeguarding your account credentials.

2. License to Use the Services

Subject to these Terms, GoBalik grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your legitimate business operations.

This license does not transfer ownership of the Services or any intellectual property to you.

3. Nature of the Services

GoBalik provides software and technology infrastructure that enables businesses to operate digital loyalty programs, customer engagement systems, QR-based loyalty interactions, NFC-enabled experiences, analytics, and related platform functionality.

GoBalik is not a payment processor, rewards issuer, marketplace, or party to transactions between Merchants and their customers solely by providing the Services.

4. Merchant Responsibilities

Each Merchant is solely responsible for:

• operating its loyalty programs;

• determining customer eligibility, including participation by minors where permitted by applicable law;

• rewards, promotions, discounts, and redemption rules;

• customer communications and support;

• compliance with applicable laws, regulations, and industry-specific requirements;

• taxes, permits, licenses, and other business obligations; and

• disputes arising between the Merchant and its customers.

5. Subscriptions and Payments

GoBalik offers a free plan. Certain features may require a paid subscription or additional fees.

Subscription fees, where applicable, are billed according to the selected plan.

Refund requests are reviewed on a case-by-case basis. Verified billing errors, duplicate charges, or similar exceptional circumstances may qualify for a refund at GoBalik's sole discretion.

Failure to pay applicable subscription fees may result in the removal of paid features, suspension of premium functionality, or other reasonable account limitations.

6. Acceptable Use

Users may not:

• reverse engineer, decompile, or attempt to extract source code from the Services;

• copy, clone, or reproduce the platform or its workflows for competitive purposes;

• scrape, harvest, or systematically collect platform data without authorization;

• use the Services to develop or train competing software, artificial intelligence models, or similar technologies;

• attempt unauthorized access to accounts, systems, APIs, or infrastructure;

• exploit software bugs, security vulnerabilities, or platform errors;

• automate fraudulent activity through bots, scripts, or other automated methods;

• manipulate loyalty activity, rewards, QR codes, NFC interactions, or transactions;

• engage in spam, phishing, deceptive conduct, or other unlawful activity; or

• use the Services in violation of applicable law.

7. Intellectual Property

The Services, including software, source code, APIs, platform architecture, workflows, user interfaces, designs, graphics, documentation, branding, logos, trademarks, and other proprietary materials are owned by or licensed to GoBalik Technologies OPC and are protected by applicable intellectual property laws.

GoBalik™, related branding, and associated marks are the intellectual property of GoBalik Technologies OPC. Certain trademarks may be subject to pending or future trademark registrations.

Nothing in these Terms transfers ownership of any GoBalik intellectual property.

8. Merchant Content and Branding

Merchants retain ownership of their business information, branding, logos, and other content they submit to the Services.

By uploading such content, the Merchant grants GoBalik a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and publish such content solely for operating the Services and, unless the Merchant reasonably requests otherwise, for marketing, demonstrations, platform showcases, portfolio displays, and promotional materials.

9. Security and Enforcement

GoBalik may investigate suspected fraud, abuse, unauthorized access, security incidents, or violations of these Terms.

Where reasonably necessary, GoBalik may suspend accounts, restrict platform access, revoke rewards or loyalty actions, disable APIs, remove fraudulent activity, or terminate access to protect the Services, other users, or comply with applicable law.

10. Administrative Access

Authorized GoBalik personnel may access Merchant accounts only where reasonably necessary to:

• provide technical support;

• investigate fraud or security incidents;

• perform maintenance or platform administration;

• comply with legal obligations; or

• act upon authorization or request from the Merchant.

11. Electronic Communications

By using the Services, you agree to receive electronic communications from GoBalik, including account notifications, invoices, security notices, maintenance announcements, legal notices, and other communications relating to the Services.

12. Service Availability

The Services are provided on an "AS IS" and "AS AVAILABLE" basis.

While GoBalik strives to provide reliable and secure Services, we do not guarantee uninterrupted availability, error-free operation, or minimum uptime.

Temporary interruptions may occur due to maintenance, infrastructure failures, third-party service interruptions, cyber incidents, force majeure events, or circumstances beyond our reasonable control.

13. Data Retention

Following account termination or deletion, certain information may be retained for a limited period in accordance with our Privacy Policy for backup integrity, fraud prevention, dispute resolution, legal compliance, security investigations, or restoration requests.

14. Limitation of Liability

To the maximum extent permitted by applicable law, GoBalik Technologies OPC shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, business interruption, lost business opportunities, data loss, corrupted records, loyalty inconsistencies, reward disputes, merchant-customer disputes, QR failures, NFC failures, duplicate rewards, or platform downtime.

GoBalik's total aggregate liability arising from or relating to the Services shall not exceed the total subscription fees actually paid by the Merchant during the six (6) months immediately preceding the event giving rise to the claim.

15. Indemnification

The Merchant agrees to defend, indemnify, and hold harmless GoBalik Technologies OPC, its officers, directors, employees, affiliates, and representatives from and against any claims, damages, liabilities, losses, costs, and expenses arising from:

• the Merchant's use of the Services;

• the Merchant's loyalty programs, rewards, promotions, or marketing activities;

• violations of applicable law;

• disputes between the Merchant and its customers; or

• violations of these Terms.

16. Suspension and Termination

GoBalik may suspend or terminate access to the Services for violations of these Terms, fraudulent activity, security threats, abuse, illegal conduct, or other circumstances that may threaten the integrity of the platform.

Where reasonably practicable, GoBalik may provide prior notice before enforcement actions. Immediate action may be taken where necessary to protect the Services or comply with applicable law.

17. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the Republic of the Philippines.

Before initiating legal proceedings, the parties agree to make a good-faith effort to resolve any dispute through negotiation for a period of at least thirty (30) days.

If the dispute cannot be resolved through negotiation, it shall be submitted to the competent courts having jurisdiction over the principal office of GoBalik Technologies OPC, unless otherwise required by applicable law.

18. Changes to these Terms

GoBalik may update these Terms from time to time to reflect changes in the Services, legal requirements, or business operations.

Updated versions become effective upon publication through the Services. Continued use of the Services after such publication constitutes acceptance of the revised Terms.

19. Contact Us

GoBalik Technologies OPC
Legal Department
Email: hello@gobalik.ph