Terms of Service

Terms of Service

Effective date: 30 June 2026
Last updated: 30 June 2026

1. Introduction and acceptance

These Terms of Service (“Terms”) govern access to and use of the iStamp platform, website, applications, APIs, and related services (collectively, the “Service”) operated by:

• Thinking Studio Sdn. Bhd. (Company No. [SSM registration number]), a company incorporated in Malaysia with registered address at [Registered address, Malaysia] (“iStamp MY”); and/or
• Thinking Studio LLC, a State of Delaware, United States entity (“iStamp Global”),

together with affiliates, successors, and assigns (“iStamp”, “we”, “us”, or “our”).

By registering an account, clicking “I agree”, accessing, or using the Service, you (“you”, “User”, or “Merchant” where applicable) accept these Terms. If you do not agree, do not use the Service.

Separate roles: The Service serves (a) Merchants (business operators using iStamp for loyalty and CRM), and (b) Customers (end-users who join a Merchant’s stamp program). Sections apply based on your role.

2. Definitions

3. Eligibility

3.1 Merchants must be at least 18 years old, have authority to bind their business, and provide accurate registration information.

3.2 Customers must be at least 18 years old (or the age of majority in their jurisdiction) unless local law and the Merchant’s policy allow otherwise with parental consent.

3.3 You may not use the Service if you are barred under applicable law or if we have previously suspended or terminated your access.

4. The Service — what iStamp provides

4.1 iStamp provides a software-as-a-service (SaaS) platform enabling Merchants to:

• Create and manage digital stamp / loyalty programs
• Generate QR codes for customer registration and stamp collection
• Scan Customer QR codes and manually issue stamps (where permitted by role)
• Track redemptions, customer profiles, and related CRM features
• Run promotional campaigns subject to configured dates and rules

4.2 Customers use the Service free of charge. Merchants may be charged Subscription fees as described in our pricing and Refund Policy.

4.3 We may modify, improve, or discontinue features with reasonable notice where practicable. We do not guarantee uninterrupted or error-free operation.

5. Merchant accounts and responsibilities

5.1 Account security

You are responsible for all activity under your account and Staff accounts. Keep credentials confidential. Notify us promptly at hello@thinkingstudio.my of unauthorised access.

5.2 Accurate information

You must provide and maintain accurate business details (name, contact, billing information). You are responsible for your public join URL slug and program settings.

5.3 Merchant as operator of loyalty program

Important: For Customer Data collected through your program, you are the primary party responsible for your loyalty program’s fairness, marketing claims, reward fulfilment, and compliance with consumer protection and privacy laws applicable to your business.

You agree that:

• Reward descriptions, minimum spend rules, expiry/flush settings, and program terms you configure are your responsibility
• You will honour rewards you advertise to Customers
• You will not use the Service for unlawful, misleading, or abusive programs
• Program-specific terms shown to Customers (in addition to these Terms) must not conflict with applicable law

iStamp provides tools only; we are not a party to the contract between you and your Customers regarding stamps or rewards.

5.4 Staff and access control

You control Staff invitations and roles. You are liable for actions taken by your Staff within the Service. Owner/manager permissions for sensitive actions (e.g. manual stamps, program changes) are your responsibility to assign appropriately.

5.5 Anti-fraud and stamp integrity

You agree to use scan and manual stamp features honestly. You must not:

• Issue stamps without a qualifying transaction (unless your published policy clearly allows otherwise)
• Manipulate redemptions or customer balances in bad faith
• Share accounts to circumvent role restrictions

We may investigate suspicious patterns and suspend accounts to protect the platform.

6. Customer use (end-users)

6.1 Joining a program

By registering at a Merchant’s join page, you agree to:

• Provide accurate name and phone (and any other requested fields)
• Agree to the Merchant’s program terms displayed at registration
• Use your stamp card and dynamic QR for legitimate visits to that Merchant

6.2 No platform account required

Customers typically access their card via a private link and token. Guard your link and QR — anyone with access may attempt to use your card at the counter.

6.3 Dynamic QR

Customer QR codes expire periodically for security. Screenshots may not work. Show your live QR to Merchant staff when requested.

6.4 Disputes with Merchants

Stamp balances, reward eligibility, and in-store redemption disputes are between you and the Merchant. Contact the Merchant first. iStamp may assist with technical records where appropriate but does not adjudicate commercial disputes.

7. Subscriptions, billing, and trials

7.1 Paid plans, trial length, grace periods, and payment methods (e.g. Billplz FPX in Malaysia; Paddle internationally when available) are described in our Refund Policy and pricing materials.

7.2 By subscribing, you authorise recurring charges until you cancel in accordance with the Refund Policy.

7.3 Failure to pay may result in read-only mode, suspension, or termination after any applicable grace period.

7.4 Prices may change with notice; changes apply to subsequent billing periods unless otherwise stated.

8. Acceptable use

You must not:

• Violate any law, regulation, or third-party rights
• Upload malware, scrape the Service, or attempt unauthorised access
• Reverse engineer the Service except where permitted by law
• Use the Service to send spam or unsolicited messages except via permitted features (e.g. Smart Batch) and with lawful consent
• Impersonate others or misrepresent affiliation with iStamp
• Process personal data you have no right to process
• Resell the Service without written agreement

We may remove content or suspend accounts that violate this section.

9. Intellectual property

9.1 iStamp IP: The Service, software, branding, documentation, and underlying technology are owned by iStamp or licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service during your Subscription.

9.2 Merchant Content: You retain ownership of Merchant Content. You grant iStamp a worldwide licence to host, display, and process Merchant Content solely to operate the Service.

9.3 Feedback: Suggestions you provide may be used without obligation to you.

9.4 Trademarks: “iStamp” and related marks are our property. Merchants may not use our marks except as allowed in program materials generated by the Service.

10. Privacy and data

Our Privacy Policy explains how we collect and use personal data. By using the Service, you acknowledge that policy.

Merchants must comply with applicable privacy laws (including Malaysia’s Personal Data Protection Act 2010 (PDPA) where applicable) for Customer Data they control, and must provide appropriate notices to Customers.

11. Third-party services

The Service integrates with third parties (e.g. Supabase, hosting providers, payment processors, WhatsApp links opened by Merchants). Your use of those services may be subject to their terms. We are not responsible for third-party services outside our reasonable control.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1 THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

12.2 We do not warrant that stamp counts, redemptions, or CRM data will be error-free, or that the Service will meet your business requirements.

12.3 We are not responsible for Merchant failure to honour rewards, incorrect program configuration, Staff misconduct, or Customer misuse of links/QR codes.

12.4 Not a payment service: iStamp does not process customer payments for goods sold by Merchants. QR codes for loyalty are not payment instruments.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

13.1 iStamp, its directors, officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business interruption, arising from or related to the Service or these Terms.

13.2 Our total aggregate liability for all claims arising in connection with the Service in any twelve (12) month period shall not exceed the greater of (a) amounts you paid to iStamp for the Service in that period, or (b) MYR 500 (or equivalent in billing currency).

13.3 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (including fraud or death/personal injury caused by negligence where exclusion is prohibited).

14. Indemnification

You agree to indemnify, defend, and hold harmless iStamp and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your Merchant Content or loyalty program
• Your breach of these Terms
• Your violation of law or third-party rights
• Disputes between you and your Customers or Staff
• Manual or fraudulent stamp/redemption practices attributable to you or your Staff

We may assume exclusive defence of any matter subject to indemnification; you will cooperate reasonably.

15. Suspension and termination

15.1 We may suspend or terminate access immediately if you breach these Terms, pose security or fraud risk, fail to pay, or if required by law.

15.2 You may cancel your Subscription as described in the Refund Policy.

15.3 On termination:

• Your right to use the Service ceases
• We may delete or retain data per our Privacy Policy and legal obligations
• Accrued payment obligations survive
• Sections that by nature should survive (including disclaimers, limitation of liability, indemnity, governing law) survive

15.4 Customers’ stamp cards may become unavailable if a Merchant terminates; Merchants should communicate with Customers directly.

16. Changes to these Terms

We may update these Terms by posting a revised version with a new effective date. Material changes to Merchants may be notified by email or in-app notice where practicable. Continued use after the effective date constitutes acceptance. If you disagree, stop using the Service and cancel your Subscription.

17. Governing law and disputes

17.1 Malaysia Merchants (iStamp MY)

These Terms are governed by the laws of Malaysia. You agree to the exclusive jurisdiction of the courts of Malaysia, without prejudice to mandatory consumer protections that may apply to you if you are not acting in a business capacity.

17.2 Global Merchants (iStamp Global)

Where your contract is with Thinking Studio LLC, these Terms are governed by the laws of State of Delaware, United States, and disputes shall be resolved in the courts of that jurisdiction, unless mandatory local law requires otherwise.

17.3 Informal resolution

Before formal proceedings, parties agree to attempt good-faith resolution by contacting legal@thinkingstudio.my within thirty (30) days.

18. General

18.1 Entire agreement: These Terms, Privacy Policy, Refund Policy, and order/checkout confirmations form the entire agreement regarding the Service.

18.2 Severability: If any provision is invalid, the remainder remains in effect.

18.3 No waiver: Failure to enforce a provision is not a waiver.

18.4 Assignment: You may not assign these Terms without our consent. We may assign in connection with merger, acquisition, or asset sale.

18.5 Force majeure: We are not liable for delays or failures due to events beyond reasonable control (including outages, acts of God, war, government action, or third-party platform failures).

18.6 Language: These Terms are in English. Translated versions are for convenience only; English prevails if there is conflict.

19. Contact

Malaysia entity: Thinking Studio Sdn. Bhd., [Registered address, Malaysia]
Global entity: Thinking Studio LLC, [Registered address, United States]

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