Welcome to siin app oü. These Terms of Use contain the terms and conditions that govern all use of our Platform (mobile app or website) and all content, services and/or products available on or through the Platform.
These Terms of Use are valid for business Clients and private Customers and any differences in these terms due to different roles (Client or Customer) is referred accordingly.


DEFINITIONS

• Siin – Legal entity siin app oü, registry code 17236273, Tallinn, Estonia.
• Platform – Available on https://siinapp.eu/ or https://go.siinapp.eu/ and mobile web application siin.
• Client – siin Platform user through representative(s) of business Client who have registered an account on siin Platform. Entities who are not registered on siin Platform are not considered as Clients but are listed on siin by using Google public search.
• Customer – siin Platform user who is a private person and has created an account on siin Platform.
• Recommendation – Customer initiated Recommendation about any existing business entity to other Customer through Customer's phone number or contact list. Only the business entities that are siin Clients can receive Customer Recommendations and only siin registered Customers can send Recommendations.
• Option – The specific program or offer created by a Company, which can be a Recommendation program, a Loyalty program, or a Leveled Loyalty program.
• Visit – A recorded interaction where a Customer or Company scans a QR code to join a program or claim a discount.
• Reward – Monetary pay out to Customers who send Recommendations and Customers who used the Recommendation sent to him/her by the other Customer. The reward by financial terms in the context of siin Platform is treated as discount for the Customer and will be calculated and paid back to Customer and to the private person who uses the received Recommendation as discount for the initial service to which the Recommendation was made.

1) Platform
Siin provides an information society service that enables Customer Recommendations about any type of service providers he/she has used and to get rewarded for this. Also, the person who receives the Recommendation from a Customer and uses the recommended service by registering the Recommendation when using the recommended service, gets rewarded.
The Platform is offered as SaaS (Software as a Service) and provided on an “as is” and “as available” basis and use of it is at Client’s or Customer’s sole risk.
Client or Customer must provide their full name (business or private person), a valid phone number, and any other information requested to complete the signup process and receive rewards.
Client or Customer must be a human user. Using "bots" or other automated methods is not permitted.
Representative of the Client or Customer confirms that he/she is a person with full legal capacity (at least 18 years of age) or that he/she has all rights and authorisations for procuring the services on behalf of the Client. The aforementioned representations are presumed to be accurate and siin is not obliged to verify these.
Siin may use third-party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Platform and its functionalities. The acts and omissions of those third-party suppliers may be outside of siin's control.
By using the Platform, Client or Customer agrees to these Terms of Use and acknowledges siin Privacy Policy which form a legally binding agreement between siin and Client or Customer.

2) Technical Developments
siin provides the Platform with the functionality and technical level made available to the Client or Customer at the time of entering into these Terms.

siin has the right to change the functionality of the Platform, among other things, in connection with the technical or substantive development of the service, the development of additional functions or the need to change the technical parameters. Significant changes in the functionality of the Platform will be notified to the Client or Customer but these updates may also be pushed out automatically with little or no notice.

If the Client or Customer does not agree with the functional changes of the Platform, the Client or Customer has the right to cancel the contract. If the Client or Customer has not cancelled the subscription, the Client or Customer shall be deemed to have agreed to the changes, and they shall be valid in full.

siin tries to promptly address (during normal business hours) all technical issues that arise in connection with siin, however, there may be times when the Platform is inaccessible.

3) Reward calculation and fees
Rewards are discounts to the services that Customers used and are calculated to Customers after the payment for the service if he/she makes a Recommendation to this service, and paid out as compensation to both – the person who made the Recommendation and the person who used the Recommendation and made purchase of the same service he/she received the Recommendation to.

Recommendation vs. Request: A Recommendation can be sent directly, or a User may send a "Recommendation Request" to another User or Company. Acceptance of a request converts it into an active Recommendation.

Payout Inquiries: Rewards are stored in a digital ledger. Users must initiate a "Payout Inquiry" to transfer a balance (minimum 10 EUR) to their bank account . siin validates the latest bank account and ensures no other payouts are pending before processing.

The minimum amount of Reward payout is 10 (ten) euros for each Customer. This means that if the calculated Reward is less than 10 euros, the Customer needs at least one more Reward so that the total sum of Rewards is at least 10 euros to be able to request the payout from siin.

The Reward for the Recommendation can vary by Client (service provider) and by the number of Recommendations to the same Client by the same Customer.

The use of siin Platform for Customers is free of charge. For every Recommendation, siin calculates the commission fee from the discount provided by the Client to its services. Those commissions vary by Clients and are visible and adjustable for the Client when registering to siin Platform.

Customer rewards are indicated on the Platform under the Customer account. The indicated rewards are not affected by the siin commission fee or by other Customers and will be paid out in the amount indicated on the Platform as discounts for the used services. The minimum amount of payout is 10 euros.

siin has the right to change the commission rates and the current commission rate and reward is indicated on the Platform. If Client or Customer does not agree to the commissions and rewards, Client or Customer has the right not to use the Platform services.

The Client sees, after each transaction, how the Reward is divided. (for example: the recommender Customer (45%); the Recommendation receiver Customer (45%); siin Commission (10%) from the Client assigned Reward percentage – Service costs: 100€; Clients assigned Reward 10% (10€); recommender Customer 4,5% (4,5€); Recommendation receiver Customer 4,5% (4,5€); siin 1% (1€).

Loyalty Program: Clients have the option to create loyalty programs, enabling Customers to directly access rewards without the need for Recommendations. In such cases, the Client assigns discounts for the Customer’s visits. It could have several levels with various discounts.

Types of Loyalty Rewards: Companies may configure two distinct types of rewards:

1. One-time Discounts: Single-use rewards granted upon reaching a specific milestone or visit count.
2. Permanent Discounts: Rewards granted upon reaching a specific milestone or visit count and remain active as long as the User maintains the required visit frequency.

Verification (The Success Screen): To join a program or record a visit, the User or Company must scan the QR code via the siin scanner or native phone camera. The User is required to show the resulting "Success Screen" to the Company staff to confirm the checked-in visit or the company confirms the qr code from the customer.

Client Invoicing and Payment Obligations: The current version of the siin Platform operates on a monthly or as agreed with Client invoicing basis. The total monetary rewards allocated to Customers through Recommendation or Loyalty Program transactions, as displayed on the Platform, shall be invoiced by siin to the Client on a monthly or as agreed basis. The Client is obligated to settle the invoice within the payment term indicated on the invoice. Failure by the Client to pay the invoice within the specified period shall entitle siin to terminate the contract with immediate effect and to initiate proceedings or other actions necessary to recover the outstanding amounts from the Client.

4) Cancellation
Client or Customer can cancel siin account at any time by following links on siin Platform or by emailing siin at olaf@siinapp.eu.

If a client or Customer cancels an account before the active rewards are used and/or paid out, those payouts may be interrupted and money transfer to the Customer bank account may be cancelled due to technical or legal reasons. No refund or other credit is payable to Client or Customer on cancellation unless siin agrees otherwise

siin reserve the right to decline to register, suspend, or cancel Client or Customer account and use of siin Platform if siin considers (in its absolute discretion) that Client or Customer have breached any of these Terms of Use. If siin suspends or cancels Client or Customer account, Client or Customer must not create another one without siin prior approval.

All of Client or Customer data and content may be deleted from siin systems immediately upon cancellation of account. This content cannot be recovered once the account is cancelled. siin are not liable for any loss or damage following, or as a result of, the cancellation of the account, and it is Client’s or Customer’s responsibility to ensure that any content or data which Client or Customer require is backed-up or replicated before cancellation. Client or Customer agree that it cannot transfer, sell, lease, lend or trade account without siin prior written consent.

The 14 day right to withdrawal of the service and/or return of the product does not apply to the Customer as the Platform provides digital content Customer specific service.

5) Intellectual Property
The intellectual property of the Platform, including software, databases, algorithms, text and graphics, belongs to siin app oü. The Client or Customer receives the right to use the Platform to the extent necessary to use the functionality of the Platform. Client or Customer may not copy or make available to the public any software, algorithms, databases, or other works on the Platform without siin consent.

The data is systematized on the Platform. It is a database within the meaning of the Copyright Act, and the exclusive right of the maker of the database belongs to siin. The Client or Customer receives the right to use the database to the extent necessary to use the Platform.

The right to use the data (database) generated on the Platform is valid until the database rights are exhausted. The license fee for using the database is considered to be paid with the Platform service fee.

siin do not claim ownership of any intellectual property rights in relation to the information or content related to Client or Customer on the Platform (such as profile information or other content or data that Client or Customer provide in connection with the use of Platform), however Client or Customer grant siin a non-exclusive, royalty free licence to collect, retain, use, copy, distribute or disclose it for the purposes of operating the Platform correctly.

Client agrees to grant siin with a non-exclusive royalty free licence to use Clients siin profile public info like name and logo for our marketing and promotional material, including marketing and promotional material featured on our website. This does not apply to Customers.

6) Confidentiality
siin ensures the secure storage of confidential data and personal data processed through the Platform. siin is not responsible for the situation when confidential information and personal data disclosed through a Client or Customer account become known to third parties due to the actions of the Client or Customer (e.g. disclosure of a username and/or password to a third party).

Neither, siin, Client or Customer may disclose confidential information that came to its knowledge in the course of the performance of the contract without the prior written consent of the other party. The obligation of confidentiality applies during the term of the subscription and for three years after the termination of the contract.

7) Personal Data Protection
siin respects Client and Customer privacy and right to personal data protection. siin follows EU General Data Protection Regulation (GDPR) principles when processing personal data. siin Privacy Policy is available on https://siinapp.eu/privacypolicy

Client warrants that it have provided accurate, rightful and current information such as full legal name, phone number or any other data requested by the Platform, when using siin.

siin uses publicly available information (such as Google search) to complete the business profile for the Client on the Platform

siin collects and maintains as necessary the information about Customer’s name, phone number, e-mail (if sent to us for customer support), bank account number, phone numbers where Customer sent Recommendations, active Recommendations, Recommendations history, earned rewards, in order to provide the siin Platform functionalities.

It is prohibited to create Customer lists, CRMs or similar databases using siin Platform data. All Customer data collected and maintained on siin Platform must be used on Platform.

The Client is solely responsible for the activities carried out using Customers’ personal data outside the siin Platform.

siin will take reasonable precautions and implement industry standard technical and organizational measures to keep personal data secure and protect it from unauthorized access.

Client or Customer agree to keep Platform login details secure and agree not to share those details with anyone else. siin will not be liable for any loss or damage if Client or Customer fail to comply with this security obligation.

Client or Customer acknowledge that the internet is inherently insecure. Client or Customer accept the risk that any information stored or transmitted on the internet or through email may be intercepted or subject to unauthorized access or fraudulent behaviour.

In any circumstances, siin does not have the right to sell forward Client or Customer data so that a singular Client or Customer might be recognized from that data set.

When siin uses third party service providers for any type of personal data processing, siin selects such processors with high diligence in order to keep the GDPR level data protection. This also includes the possible personal data transfers to outside EU, in which case we require the additional data protection safeguards such as Standard Contractual Clauses (SCC).

The limitations of liability set out under the section Responsibility and Liability of these Terms of Use, shall apply also to data protection related liabilities.
Siin Platform is supervised by Estonian Data Protection Inspectorate www.aki.ee.

8) Right to use references
siin have the right to use the trademark, logo, and name of the Client as a reference. The use of other references is agreed upon separately with the Client. Reference rules apply to all countries and markets globally and cannot be overruled by separate contracts regarding logo and name.

9) Responsibility and Liability
siin cannot guarantee that the Platform will be uninterrupted, timely, or error-free at all times.
siin shall not be liable for any technical obstacles or damages arising out of the use of the Platform, including those caused by the actions or omissions of the web hosting, internet service provider or other service providers.

siin shall not be liable for any damages incurred by the Client or Customer in connection with the choices made by the Client or Customer on the Platform and related services. Decisions and their consequences are made and borne by the Client or Customer.

Profile Responsibility: As the Platform supports multiple profiles (e.g., Private and Company Admin) under one phone number, the account holder is responsible for all actions taken by any "alter ego" profile associated with their identity.

Client or Customer agrees not to modify or remove any siin logos without the acceptance of siin, links or other branding when using our services or facilitate or encourage any violations of these Terms of Use or attempt to do any of the above.

Unless Client or Customer has received siin prior written permission, Client or Customer agrees not to, and will not permit or encourage any third party to: (a) adapt, reproduce, modify, reverse-engineer, decompile, distribute, print, display, perform, publish or create adaptations from any part of the Platform; or (e) commercialise, copy or on-sell any information or materials obtained from any part of siin and its Platform.

Client or Customer agrees to only use siin in a way that complies with all applicable laws and regulations, and that does not infringe siin rights or other persons’ rights.

siin shall not be liable for any unlawful use of the Platform by the Client or Customer. siin is not obliged to monitor the purposes of the use of the Platform by the Client or Customer in order to discover any unlawful nature therein. However, if such unlawful action or use of the Platform is discovered or brought to the attention of siin, siin has the right to temporarily or permanently restrict the Client’s or Customer’s access to the Platform.

Critical Computation Errors: In the event that siin, whether accidentally or through technical malfunction, computes an incorrect reward amount for any participant (Client or Customer), any such erroneously displayed amounts shall not be deemed legally binding.

Platform Usage Rules and Prohibited Behaviour: All terms, conditions, and information made available on the Platform, including the website and web application, constitute binding rules for the use of the Platform. Any attempt by a Client or Customer to manipulate the Platform, engage in deceptive behaviour, or employ any unfair means to obtain additional benefits from siin or other participants is strictly prohibited. Upon discovery of such conduct, siin may issue a warning requiring the Client or Customer to rectify the behaviour within a specified period. In the event of repeated violations, siin reserves the right to immediately terminate the contract, suspend or delete the Client or Customer’s account, and withhold any unpaid rewards.

siin indemnifies the Client or Customer for direct damage caused by non-performance or improper performance of the damage, which has occurred as a result of siin's intentional actions. siin shall not be liable for consequential damages to the Client or Customer and shall not be liable for any loss of income, business expenses, loss of profits or other similar damages

The Platform, content and functionality are provided on an “as is” and “as available” basis, and, to the fullest extent permitted by law, siin makes no promises, whether express or implied, with respect to the Platform, content or functionality.

In case siin uses third-party suppliers to provide hardware, software, networking, connectivity, storage and related technology required to provide the Platform, siin does not accept any liability for any loss or damage suffered as a result of any act or omission of any third-party supplier.

10) Notices
Statements by siin and Client or Customer which have legal effects must be made in a reproducible form in writing.

11) Changes to these Terms of Use
siin can amend these Terms of Use at any time. Amendments will be effective immediately when uploaded to our Platform and notified to Client or Customer. Client or Customer is responsible to ensure that he/she is familiar with the latest Terms of Use. By continuing to use the Platform, Client or Customer agree to be bound by the Terms of Use as amended (whether or not Client or Customer have received any amendments).

12) Dispute Resolution
These Terms of Use are covered by Estonian laws. Disputes arising from or related to these Terms of Use shall be resolved through negotiations. In case of failure of negotiations, disputes will be settled in Harju County Court on the basis of legislation in force in the Republic of Estonia.