These Terms of Service ("Terms") are the agreement between you and MSTRMND ("MSTRMND", "we", "us") covering your use of our website at https://mstrmnd.co.uk ("Website") and our customer loyalty and retention platform ("Platform"), together with any setup, campaign, messaging or AI features we provide (collectively, the "Services"). By starting a free trial, buying a subscription, or using the Services, you agree to these Terms. If you are agreeing on behalf of a business, you confirm you are authorised to bind that business, and "you" means that business.
1. Who we are and how to reach us
The Services are provided by MSTRMND. You can contact us at moe@mstrmnd.co.uk or on +44 7541 029766. Our full company registration details are set out at the end of these Terms.
2. What the Services are
MSTRMND provides a customer loyalty and retention system for businesses. Depending on your plan, this may include branded loyalty cards issued to your customers' Apple Wallet and Google Wallet, a dashboard recording customer visits and spend, reward mechanics such as points, stamps, cashback, coupons, gift cards, memberships and prepaid balances, automated campaigns delivered by push notification, SMS or WhatsApp, geo-triggered notifications, and our optional AI agent, Flann.
We provide the Services on a subscription basis. We may add, change or withdraw individual features as the Platform develops. Where a change materially reduces the core functionality of your plan, we will give you reasonable notice and you may cancel under clause 8.
3. Your account
You must give accurate account information and keep it current. You are responsible for everything that happens under your account, including anything done by your staff or anyone you give access to, and for keeping your login credentials secure. Tell us promptly if you believe your account has been accessed without your authorisation.
You must be at least 18 years old and operating a genuine business to use the Services.
4. Free trial
Where we offer a free trial, it runs for the period stated at sign-up — currently 14 days — and includes the done-for-you setup described on our pricing page. We collect your payment details at sign-up but do not charge you during the trial. If you do not cancel before the trial ends, your subscription starts automatically and your first payment is taken at that point. You can cancel at any time during the trial and you will not be charged.
5. Fees, billing and taxes
Subscription fees, billing cycles and the plans available depend on your market and are shown on our pricing page at the time you subscribe. Payments are processed by Stripe; by subscribing you also accept Stripe's terms as our payment processor. We do not store your full card details.
You authorise us to charge your payment method on each renewal date until you cancel. Prices are stated in the currency shown for your market and are exclusive of any applicable VAT or local sales tax unless stated otherwise, which will be added where we are required to charge it.
If a payment fails, we may retry it and may suspend the Services until payment succeeds.
6. Changing your plan
You may upgrade your plan at any time; the change and any additional charge apply immediately. Downgrades take effect at your next billing cycle rather than immediately.
7. Renewals
Subscriptions renew automatically at the end of each billing period at the then-current price for your plan, unless you cancel before the renewal date. We will tell you in advance if we change the price applying to your renewal.
8. Cancellation and refunds
You can cancel at any time from your account or by contacting us. Cancelling stops future renewals; your programme continues to run until the end of the period you have already paid for, and it then ends.
Prepaid plans are non-refundable. Where you have paid in advance for a multi-month or annual term, we do not refund the unused portion of that term. Cancel before your renewal date if you do not want to be charged again. This does not affect any statutory rights you may have that cannot lawfully be excluded.
We may suspend or terminate your account if you materially breach these Terms, if payment is not made, or if we are required to do so by law or by a platform we depend on. Where the circumstances allow, we will give you notice and an opportunity to put the breach right.
9. Your customers' data
This is the most important clause for most businesses using MSTRMND, so we have kept it plain.
The personal data you collect about your own customers through the Platform remains yours. As between you and us, you are the data controller for that data and we are your data processor: we process it on your instructions in order to provide the Services, and we do not sell it or use it to market to your customers on our own behalf.
Because you are the controller, you are responsible for having a lawful basis to collect your customers' data and to message them, for obtaining and recording any consent that applies to marketing messages, and for honouring opt-outs and data subject requests. You must give your customers the privacy information the law requires. If a customer asks us directly to exercise their rights, we will refer them to you.
We handle personal data as described in our Privacy Policy, which forms part of these Terms.
10. Messaging rules
Push, SMS and WhatsApp messaging is subject to the rules of the networks and platforms that carry it, including Meta's WhatsApp Business policies and applicable marketing and telecoms law in each market you operate in. You agree to message only customers who have a lawful basis to receive your messages, to include an opt-out where required, and to stop messaging anyone who opts out.
We may suspend messaging on your account if we reasonably believe it breaches these rules or puts our platform access at risk. Message delivery depends on third-party networks and we cannot guarantee that any individual message will be delivered.
11. Acceptable use
You must not use the Services to send unlawful, deceptive, harassing or unsolicited bulk messages; to upload contact data you have no right to use; to break any law applicable to you or your customers; to attempt to gain unauthorised access to the Platform or to other users' data; to interfere with or overload our systems; to reverse engineer, copy or resell the Platform except under a written reseller agreement with us; or to use the Services to build a competing product.
12. AI features
Flann and our other AI features generate suggested content such as campaign drafts, summaries and recommendations. AI output can be wrong, incomplete or unsuitable, and it is offered as a draft for your judgement, not as professional advice. You remain responsible for reviewing and approving anything sent to your customers under your brand, including where you have configured a feature to send automatically. Where approval controls are available, we recommend you use them.
13. Third-party services
The Services depend on third parties including Apple Wallet, Google Wallet, Stripe, Meta's WhatsApp Business Platform, SMS carriers and AI model providers, and may integrate with tools you connect such as your booking or point-of-sale system. We are not responsible for those third parties' acts, availability or terms, and changes they make may affect what the Services can do.
14. Intellectual property
We own the Platform, the Website, our software, branding and documentation, and nothing in these Terms transfers that ownership to you. You keep ownership of your own brand assets, content and customer data. You grant us a limited licence to use your brand assets solely to operate and display the Services for you, such as putting your logo on your loyalty card.
We may reference the fact that you are a customer, using your name and logo, in our marketing. If you would rather we did not, tell us and we will stop.
15. Availability
We work to keep the Services available and reliable, but we do not promise uninterrupted or error-free operation. We may carry out maintenance, and we may need to act at short notice to protect the security or integrity of the Platform.
16. Warranties and liability
The Services are provided on an "as is" and "as available" basis. To the extent permitted by law, we exclude implied warranties, including any implied warranty of merchantability, fitness for a particular purpose and non-infringement. We do not warrant any specific commercial result — figures on our Website describing typical outcomes are illustrative, not a promise of the results your business will achieve.
To the extent permitted by law, we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of goodwill or loss of anticipated savings. Our total liability arising out of or in connection with these Terms in any 12-month period is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited.
17. Indemnity
You agree to indemnify us against claims, losses and reasonable costs arising from your breach of these Terms, from your use of the Services in breach of law, or from your handling of your customers' personal data.
18. Changes to these Terms
We may update these Terms as the Services and the law change. We will post the updated version here with a revised "last updated" date, and where a change materially affects your rights we will give you reasonable notice before it takes effect. Continuing to use the Services after that point means you accept the updated Terms.
19. Governing law
These Terms and any dispute arising from them are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, except where mandatory law in your country of residence gives you the right to bring proceedings locally.
20. General
If any provision of these Terms is found unenforceable, the rest continues to apply. Our failure to enforce a provision is not a waiver of it. You may not transfer your rights under these Terms without our written consent; we may transfer ours as part of a reorganisation or sale of our business. These Terms, together with our Privacy Policy and the plan details you accepted at checkout, are the entire agreement between us.
21. Company details
MSTRMND — registered company details to be confirmed. Contact: moe@mstrmnd.co.uk, +44 7541 029766.