Last updated: July 28, 2026
Terms and Conditions
The German version of these Terms and Conditions is the authoritative version. Translations are provided for convenience only. In the event of any discrepancy, ambiguity, translation error or difference of interpretation, the German version shall prevail.
1. Provider, Scope, and Supplementary Conditions
1.1 Provider of the Cashews Platform
The Cashews Platform is provided by:
8reasons Connect UG (limited liability)
Marktplatz 20
83607 Holzkirchen
Germany
Commercial Register: Amtsgericht München
Commercial Register Number: HRB304907
Represented by the managing director: Alexander Varro
Email: hello@cashews.app
Website: www.cashews.app
Hereinafter referred to as "Cashews", "Platform Provider", or "we".
Cashews refers to the website offered under the "Cashews" brand, the mobile applications, and the associated digital features and technical services.
1.2 Scope
These Terms and Conditions apply to:
- visiting and using the publicly accessible Cashews website;
- using the Cashews App by Customers;
- registering and managing a personal Customer Account;
- using Cashews without a registered Customer Account;
- displaying participating Merchants and locations;
- collecting and managing Digital Stamps; and
- displaying and redeeming Rewards within the Loyalty Programs offered by participating Merchants.
"Customer" means any natural person who uses Cashews to participate in a Merchant's Loyalty Program, to collect Digital Stamps, or to redeem a Reward.
These Terms and Conditions apply regardless of whether the Customer creates a registered Customer Account or uses Cashews without registration.
1.3 Contracting Party of the Customer
The Customer's contracting party for the provision and use of the Cashews Platform is solely 8reasons Connect UG (limited liability).
The respective participating Merchant is not a representative of 8reasons Connect UG and is not authorized to make declarations or enter into obligations on behalf of 8reasons Connect UG.
Contracts concerning goods, services, discounts, free products, or other Rewards offered by the Merchant are entered into solely between the Customer and the respective Merchant.
The Merchant's responsibilities regarding its Loyalty Programs and Rewards are addressed separately in these Terms and Conditions.
1.4 Acceptance of the Terms and Conditions
Registered Customers accept these Terms and Conditions upon creation of their Customer Account through an express confirmation.
In the event of substantial changes to the Terms and Conditions, Cashews may require renewed express consent.
Where Cashews is used without a registered Customer Account, these Terms and Conditions are made available before the start of use. The Customer is notified in an appropriate manner that the use of the corresponding features is subject to these Conditions.
Merely viewing publicly accessible information on the website does not establish a contract subject to payment.
1.5 Supplementary Conditions for Merchants
For Merchants, commercial users, Merchant Accounts, Authorized User accounts, paid subscriptions, marketing Campaigns, and other commercial services, separate or supplementary contractual conditions apply.
The applicable Merchant conditions are provided to the Merchant before the conclusion of a paid contract. In this context, the Merchant is informed in particular:
- which entity the paid contract is entered into;
- which services are included in the selected plan;
- what price and applicable taxes;
- the payment terms;
- the contract duration;
- whether and how the contract is renewed automatically; and
- how the contract can be terminated.
The contracting party for paid Merchant services may deviate from 8reasons Connect UG depending on the Merchant's domicile, the market served, and the entity responsible for billing.
The contracting entity responsible for the Merchant is clearly identified before the binding order or the conclusion of a paid subscription.
1.6 Relationship Between These Terms and Supplementary Merchant Conditions
These Terms and Conditions govern the general technical use of the Cashews Platform.
The supplementary Merchant conditions govern in particular:
- paid subscriptions;
- payment processing and invoicing;
- the setup and management of Merchant locations;
- the setup and management of Authorized User accounts;
- the creation and management of Loyalty Programs and Rewards;
- the granting and crediting of Digital Stamps by Merchants and their Authorized Users;
- the booking of additional marketing or Campaign services; and
- other commercial rights and obligations of the Merchant.
In the event of a conflict between these Terms and Conditions and the supplementary Merchant conditions, the supplementary Merchant conditions take precedence solely for the commercial matter they regulate.
In all other matters, these Terms and Conditions continue to apply.
1.7 Authorized Users of a Merchant
Persons added by a Merchant as Authorized Users, administrators, or other authorized users to a Merchant Account do not, by virtue of this function, enter into an independent commercial contract with 8reasons Connect UG.
Their right to use the Merchant features is derived from the respective Merchant and governed by the supplementary contractual conditions applicable to that Merchant.
The Merchant is responsible, inter alia, for the selection of its Authorized Users, the assignment and revocation of permissions, and the actions taken through the Authorized User accounts it has set up.
1.8 No Application of Foreign Conditions
Divergent general conditions of a Customer or other user do not apply, unless Cashews has expressly consented to their application in text form.
Mandatory statutory rights of consumers remain unaffected by this provision.
1.9 Availability in Different Countries
Cashews may be offered in different countries and regions. Individual features, Merchants, Loyalty Programs, or technical services may have different availability depending on the user's location.
The availability of the Cashews App or individual features in a country does not automatically mean that all services, Merchant programs, or paid offerings are available there.
Mandatory statutory rights applicable at the Customer's habitual place of residence that cannot be excluded contractually remain unaffected.
2. Description of the Cashews Platform
2.1 Purpose of the Platform
Cashews is a digital platform for the management and use of customer loyalty programs. The Platform enables participating Merchants to offer digital Loyalty Programs and to allow their Customers to collect and redeem Digital Stamps and Rewards.
Cashews provides the necessary technical infrastructure and continuously develops it.
2.2 Platform Features
Depending on the user group and available features, Cashews allows in particular:
- the display of participating Merchants and their locations;
- the collection of Digital Stamps;
- the management of digital stamp cards;
- the display of available Rewards;
- the redemption of Rewards at participating Merchants;
- the use of the Platform with or without a registered Customer Account;
- the synchronization of data for registered Customer Accounts;
- the provision of additional features offered within the Platform.
The specific functional scope may vary depending on country, Merchant, app version, device, or technical requirements.
2.3 Role of Cashews
Cashews provides exclusively a technical platform through which Merchants manage their own customer loyalty programs and Customers participate in these programs.
Cashews does not sell the goods or services of Merchants and does not itself offer Rewards, vouchers, or other benefits.
Cashews does not operate cafés, restaurants, or other commercial establishments and is not a provider of the products or services offered by Merchants.
2.4 Role of Merchants
Each participating Merchant autonomously decides on the design of its customer loyalty program.
This includes in particular:
- the requirements for granting Digital Stamps;
- the number of stamps required;
- the Rewards offered;
- the conditions for redemption;
- the duration of individual promotions or Campaigns;
- the availability of the Rewards offered.
The Merchant is solely responsible for the accuracy of its information and the proper execution of its customer loyalty program.
2.5 Contractual Relationships Between Customers and Merchants
All purchases of goods or services are entered into solely between the Customer and the respective Merchant.
This also applies to all Rewards, discounts, or other benefits offered by the Merchant.
Cashews is not a contracting party, seller, or reseller of the services offered by the Merchant.
2.6 Continuous Development of the Platform
Cashews continuously develops the Platform to provide new features, improve existing features, and increase security, stability, and usability.
For this reason, features may be added, modified, expanded, or discontinued, provided this does not disproportionately affect the essential rights of users.
Registered users are informed in an appropriate manner of substantial changes.
3. Role of Cashews and Role of Merchants
3.1 Technical Platform
Cashews provides a digital platform through which Merchants manage their own customer loyalty programs and Customers participate in these programs.
The services of Cashews are limited to the provision, operation, maintenance, and development of the technical Platform and its associated features.
3.2 Autonomous Responsibility of the Merchant
Each Merchant configures its customer loyalty program autonomously.
The Merchant decides in particular:
- the requirements for granting Digital Stamps;
- the number of stamps required for a Reward;
- the type, scope, and availability of the Rewards offered;
- the participation conditions, durations, and limitations of its promotions;
- the redemption of Rewards and their execution.
The Merchant is obligated to conduct its Loyalty Programs in accordance with applicable statutory provisions.
3.3 Contractual Relationships
Cashews is not a contracting party of purchase, service, or other contracts between a Merchant and a Customer.
All contracts concerning goods, services, discounts, free products, or other benefits are entered into solely between the respective Merchant and the Customer.
The respective Merchant is solely responsible for the fulfillment of its obligations toward the Customer.
3.4 Responsibility for Rewards
All Rewards offered within a Loyalty Program are solely defined and offered by the respective Merchant.
The Merchant is responsible in particular for:
- the availability of Rewards;
- compliance with the published participation conditions;
- the proper redemption of Rewards;
- the quality of the goods or services offered;
- compliance with statutory obligations in relation to its Loyalty Program.
Cashews does not accept any obligation to provide, deliver, or pay out a Reward offered by the Merchant.
3.5 Management of Loyalty Programs
Cashews provides the Merchant with technical features for the management of its Loyalty Program.
The content-related configuration, maintenance, and updating of programs is carried out exclusively by the respective Merchant.
The Merchant is responsible for ensuring that all information published within the Platform is complete, correct, and up to date.
3.6 Authorized Users of the Merchant
Actions taken by Authorized Users, administrators, or other persons authorized by the Merchant are, in relation to Cashews, deemed to be actions of the respective Merchant.
The Merchant is responsible for the selection, management, and permissions of its Authorized Users and must ensure that they use the Platform exclusively within the scope of their respective authority.
3.7 Role of Cashews in Disputes
In the event of disagreements between a Merchant and a Customer regarding a Reward, a Loyalty Program, or its execution, Cashews will endeavor, within its technical means, to provide appropriate support.
However, Cashews is generally not obligated to resolve disputes between Merchants and Customers or to enforce the claims of one contracting party against the other.
Statutory obligations of Cashews remain unaffected, in particular to the extent that they exist under the applicable law.
3.8 No Representation
The participation of a Merchant in the Cashews Platform does not establish a partnership, agency, commercial representation, franchise, employment, or other representation relationship between Cashews and the Merchant.
The Merchant is not authorized to make declarations of business or enter into obligations on behalf or for the account of Cashews.
Similarly, Cashews is not authorized to assume obligations on behalf of a Merchant.
3.9 Technical Support
Cashews may provide the Merchant with technical tools, analytics, automations, or recommendations.
These serve exclusively as support for the use of the Platform and do not constitute legal, tax, business, or other advice.
The Merchant remains responsible for all business decisions and for the lawful use of the Platform.
4. Conditions of Use
4.1 Eligible Users
Use of the Cashews Platform is open to natural persons who accept these Terms and Conditions and meet the technical requirements for use.
Where individual features are reserved exclusively for registered users or specific user groups, this is indicated accordingly within the Platform.
4.2 Minimum Age
Use of the Cashews Platform requires the user to be entitled, under the applicable statutory provisions, to enter into a contract of use.
Minors may use Cashews only to the extent that this is permissible under the applicable statutory provisions or where the required consent of their legal representatives is given.
4.3 Truthful Information
Where the provision of personal or other information is required for the use of the Platform, the user undertakes to provide complete, correct, and up-to-date information.
Changes to essential information are to be updated by the user without delay within their Customer Account, to the extent corresponding features are available.
4.4 Technical Requirements
For the use of the Platform, the user requires a compatible device and an internet connection, unless the respective feature supports offline use.
The user is responsible for providing the necessary hardware and software for use, as well as a sufficient internet connection.
Any costs for internet access, mobile telephony, or other telecommunications services are borne by the user.
4.5 Permitted Use
The Cashews Platform may be used exclusively in accordance with these Terms and Conditions and the applicable statutory provisions.
The user undertakes, inter alia, to use the Platform exclusively for its intended purpose and to respect the rights of other users, Merchants, and Cashews.
4.6 No Right to Registration or Use
There is no right to the registration of a Customer Account or to the permanent provision of individual features.
Cashews may refuse or restrict registration or use of the Platform where a reasonable ground exists, in particular where statutory obligations, security interests, or the protection of the Platform require it.
Statutory rights of the user remain unaffected.
4.7 Regional Availability
The availability of individual features, Merchants, Loyalty Programs, or other services may vary from country to country.
Cashews does not warrant that all features or Merchant programs are available at all times and in all regions.
4.8 Responsibility for the Device
The user is responsible for the secure use of its device.
This includes, inter alia, protecting the device against unauthorized access and using available security measures such as screen locks, device encryption, or comparable protection mechanisms.
Cashews is not liable for disadvantages arising from third parties accessing the Platform or locally stored data due to insufficient device protection, to the extent Cashews is not responsible for this.
5. Customer Account
5.1 Registration of a Customer Account
The use of certain features of the Cashews Platform requires the creation of a personal Customer Account.
Registration takes place through the registration procedures provided within the Platform.
The user is obligated to provide the information requested during registration completely, correctly, and up to date.
There is no right to the creation of a Customer Account.
5.2 Personal Customer Account
Each Customer Account is personal and may be used exclusively by the registered person.
The Customer Account may not be sold, rented, transferred, or made available to third parties for use without the express consent of Cashews.
The user is responsible for treating the access to its Customer Account confidentially and protecting it from unauthorized third-party access.
5.3 Access Credentials
The user is obligated to keep access credentials secure.
Where there is suspicion that unauthorized third parties have gained or could gain access to the Customer Account, the user shall change its password without delay or, if this is not possible, notify Cashews immediately.
5.4 Accuracy of Account Data
The user undertakes to keep account data current during the entire period of use.
In particular, changes to the email address, phone number, or other essential contact information are to be updated without delay within the Customer Account, to the extent corresponding features are provided.
5.5 One Customer Account Per Person
Each natural person may generally maintain only one Customer Account.
Cashews may merge multiple Customer Accounts of the same person or block or delete individual accounts where a reasonable ground exists, in particular to prevent abuse, multiple registrations, or technical duplicates.
Before a merger or deletion, the affected user is informed, to the extent appropriate and reasonable.
5.6 Data Synchronization
For registered Customers, the data required for the use of the Platform is assigned to the Customer Account and may be used, subject to technical availability, on multiple compatible devices.
Which data is synchronized depends on the features available on the Platform.
5.7 Security of the Customer Account
The user is obligated to use its Customer Account solely for itself and to take appropriate measures to protect its account.
This includes in particular:
- the use of a secure password, where a password is used;
- the use of up-to-date software versions;
- the protection of the device against unauthorized access;
- logging out from shared devices, where necessary.
5.8 Deletion of the Customer Account
The user may request the deletion of its Customer Account at any time through the functions provided for this purpose within the Platform or by contacting support.
After deletion, personal data is processed or deleted in accordance with statutory retention obligations and the Privacy Policy.
Deletion of the Customer Account may result in certain features of the Platform being unavailable or permanently lost.
5.9 Blocking of the Customer Account
Cashews may temporarily restrict or block access to a Customer Account where a reasonable ground exists.
Such a ground exists in particular where:
- there is suspicion of unauthorized use;
- statutory obligations require it;
- there are security risks for the Platform or other users;
- substantial breaches of these Terms and Conditions occur.
To the extent the purpose of the measure is not thereby compromised, Cashews informs the affected user of the blocking and its essential reasons.
Further provisions on blocking and termination of user accounts remain unaffected.
6. Use Without a Customer Account
6.1 Use Without Registration
Cashews may be used, depending on the features available, also without the registration of a Customer Account.
In this case, the data necessary for use is stored exclusively locally on the device used by the user, unless stated otherwise within the Platform.
6.2 Local Data Storage
When using Cashews without a Customer Account, digital stamp cards, stamps obtained, and other user-related information are stored exclusively on the respective device.
In this case, no storage of this data on Cashews's systems or association with a specific person is generally carried out.
For this reason, Cashews generally has no ability to view, restore, or transfer locally stored data to another device.
6.3 Responsibility of the User
The user decides whether to use Cashews with or without a Customer Account.
If the user opts for use without a Customer Account, it assumes responsibility for the retention of data stored exclusively locally on its device.
6.4 Loss of Locally Stored Data
If locally stored data is deleted or becomes inaccessible as a result of a device loss, defect, theft, device reset, app reinstallation, or other reasons, it may not be possible to restore this data.
To the extent Cashews has not stored a copy of this data on its systems, there generally is no technical possibility of making the affected data available again.
6.5 Switching to a Customer Account
The user may decide at any time to create a Customer Account, provided this feature is offered within the Platform.
From that point onward, data processed in relation to the Customer Account may be synchronized with the Customer Account in accordance with the features available.
Automatic transfer or restoration of already lost or exclusively locally stored data cannot be guaranteed.
6.6 Recommendation to Register
Cashews recommends users who wish to permanently safeguard their stamp cards or use them on multiple devices to create a Customer Account.
With a registered Customer Account, data can be stored centrally and linked to the Customer Account, subject to the features available.
6.7 No Restriction of Statutory Rights
The foregoing provisions describe the technical functioning of use without a Customer Account.
Statutory rights of the user, in particular in the event of errors or breaches of obligations that Cashews is responsible for under the applicable statutory provisions, remain unaffected.
7. Digital Stamps
7.1 General
Digital Stamps serve exclusively for participation in the Loyalty Programs offered by participating Merchants.
They are managed electronically within the Cashews Platform and assigned to the respective Customer's digital stamp card.
7.2 Granting of Digital Stamps
Digital Stamps may be granted exclusively by participating Merchants or their Authorized Users through the features provided by Cashews.
The technical method of stamp granting may differ depending on feature, device, or the Platform's development.
A right to the granting of a Digital Stamp exists only where the requirements set by the respective Merchant are met.
7.3 Merchant-Specific Stamps
Digital Stamps are valid exclusively for the respective Loyalty Program of the Merchant from which they were granted.
Use with other Merchants is only possible where this is expressly provided for within the Platform.
7.4 No Monetary Value
Digital Stamps do not constitute a means of payment, e-money, balance, security, or other asset.
Digital Stamps have no independent monetary value and generally cannot be paid out or earn interest.
7.5 No Transferability
Digital Stamps are generally personal and may not be transferred, sold, assigned, or exchanged to other persons or Customer Accounts, unless Cashews or the respective Merchant expressly provides such a feature.
7.6 Correction of Erroneous Stamps
Where Digital Stamps are granted or credited as a result of a technical error, manifest misuse, or unauthorized use, they may be corrected or removed following review by Cashews or the respective Merchant.
To the extent possible and appropriate, the affected user is informed of such a correction.
7.7 Abusive Acquisition
Digital Stamps may be collected exclusively through the intended features of the Platform.
In particular, it is prohibited:
- circumventing technical protection measures;
- generating stamps in an unauthorized manner or having them generated;
- making manipulations to the Platform;
- using automated procedures for the acquisition of stamps;
- undertaking other actions aimed at the unlawful acquisition of stamps.
Further measures in the event of abuse are governed by the provisions of these Terms and Conditions.
7.8 Expiry or Changes
Whether and under what conditions Digital Stamps expire or lose their validity is generally determined by the respective Merchant within its Loyalty Program.
The respective conditions are communicated within the Platform or by the Merchant.
Statutory rights of the Customer that have already arisen or are mandatorily protected remain unaffected.
7.9 No Right to Unchanged Loyalty Programs
The number of stamps required for a Reward and the design of a Loyalty Program are set by the respective Merchant.
Changes to a Loyalty Program are governed by the conditions published by the Merchant and the applicable statutory provisions.
Cashews does not warrant that a Merchant will permanently continue a particular Loyalty Program unchanged.
8. Rewards
8.1 General
Rewards are benefits, discounts, free products, services, or other gratifications offered by a participating Merchant within its Loyalty Program.
The type, scope, and conditions for obtaining a Reward are set exclusively by the respective Merchant.
8.2 Responsibility of the Merchant
The respective Merchant is solely responsible for:
- the design of its Reward program;
- the description and presentation of Rewards;
- the availability of the Rewards offered;
- compliance with the published participation conditions;
- the proper redemption of Rewards;
- the quality of the goods or services offered;
- compliance with all statutory obligations applicable to it.
8.3 Role of Cashews
Cashews provides exclusively the technical platform for the management of digital Loyalty Programs.
Cashews is not a provider or seller of the Rewards offered by the Merchant and does not accept any obligation to provide, deliver, or pay out a Reward.
The redemption of a Reward takes place exclusively in the relationship between the Customer and the respective Merchant.
8.4 Conditions for Redemption
A Reward may generally only be redeemed where the requirements set by the respective Merchant are met.
These may include, in particular:
- the attainment of a specified number of Digital Stamps;
- compliance with a specified validity period;
- participation in a specific Loyalty Program;
- other conditions published by the Merchant.
8.5 Redemption of a Reward
The redemption of a Reward is carried out through the features provided within the Cashews Platform or according to the procedures envisaged by the respective Merchant.
Upon successful redemption, the required number of Digital Stamps may be reduced or removed accordingly.
The actual delivery of the Reward is carried out exclusively by the respective Merchant.
8.6 Changes to Rewards
Merchants may change or end their Rewards and the associated conditions within the framework of the applicable statutory provisions.
Changes may not, in particular, unlawfully affect claims of Customers that have already arisen or are legally protected.
The Merchant informs its Customers in an appropriate manner of substantial changes through the Platform or by another suitable means.
8.7 Unavailability of a Reward
Where an offered Reward is temporarily or permanently unavailable, the respective Merchant decides, within the framework of the applicable statutory provisions, on the further course of action.
Any claims of the Customer are directed exclusively against the respective Merchant, to the extent a legal or contractual basis exists for this.
8.8 Termination of a Loyalty Program
Where a Merchant terminates its Loyalty Program or its participation in the Cashews Platform, the Merchant is responsible for fulfilling the resulting obligations toward its Customers in accordance with the applicable statutory provisions.
Cashews does not accept any obligation to itself provide or fulfill the Rewards of a withdrawn Merchant.
8.9 Abuse in Redemption
Rewards may be redeemed exclusively in accordance with the conditions published by the Merchant.
Abusive acquisition or redemption of Rewards, in particular through manipulations, unauthorized stamp grants, or circumvention of technical protection measures, is prohibited.
Cashews and the respective Merchant may, upon a founded suspicion of abuse, review the affected redemption and take appropriate measures within the framework of the applicable statutory provisions.
8.10 No Right to Permanent Availability
The participation of a Merchant in the Cashews Platform and the design of its Loyalty Program may change over time.
A right of the Customer to the permanent continuation of a particular Loyalty Program or Reward exists only to the extent that such a right arises from the published conditions of the Merchant or the applicable statutory provisions.
9. Campaigns and Merchant Information
9.1 Merchant Campaigns
Participating Merchants may publish within the Cashews Platform information, Loyalty Programs, promotions, offers, Rewards, or other Campaigns.
Publication takes place through the technical features provided by Cashews.
9.2 Responsibility for Content
The respective Merchant is exclusively responsible for all content of a Merchant Campaign.
This applies in particular to:
- descriptions of promotions;
- participation conditions;
- durations;
- Rewards;
- discounts;
- product information;
- prices;
- images;
- logos;
- opening hours;
- location information;
- other content provided by the Merchant.
The Merchant guarantees that the information it publishes is accurate, current, and legally permissible.
9.3 Display Within the Platform
Cashews displays Merchant Campaigns exclusively as technical content within the Platform.
The display of a Campaign does not constitute a recommendation, evaluation, or approval of the respective offer by Cashews.
9.4 Changes by Merchants
Merchants may change, update, or end their Campaigns, offers, or information within the framework of the applicable statutory provisions.
To the extent this results in effects on already established rights of Customers, their treatment is governed by the statutory provisions and the participation conditions published by the Merchant.
9.5 Availability of Campaigns
The availability of individual Campaigns may depend in particular on:
- the respective Merchant;
- the location;
- the time of use;
- the availability of the products or services offered;
- other conditions set by the Merchant.
Cashews does not warrant that a Campaign displayed within the Platform is available at all times.
9.6 Review and Removal of Content
Cashews is entitled to temporarily hide, block, or remove Merchant Campaigns or individual content where there are concrete indications that these:
- infringe applicable law;
- violate third-party rights;
- are misleading or fraudulent;
- compromise the security or integrity of the Platform;
- infringe these Terms and Conditions or supplementary Merchant conditions.
To the extent the purpose of the measure is not thereby compromised, the affected Merchant is informed of the essential reasons.
9.7 Location and Merchant Information
Cashews may display within the Platform information about participating Merchants, their locations, opening hours, or other details.
This information is generally based on data provided by the respective Merchant or on other available data sources.
Despite reasonable diligence, it cannot be excluded that individual data may have been changed in the interim or is inaccurate.
9.8 No Guarantee of Success
The publication of a Merchant Campaign within the Cashews Platform does not constitute a right to a specified number of views, visits, new Customers, redemptions, or other commercial results.
Cashews owes exclusively the provision of the technical Platform and its features.
9.9 Notification of Erroneous Content
Users may inform Cashews of manifestly erroneous, misleading, or unlawful Merchant information or Campaigns.
Cashews will review the corresponding indications and take appropriate measures within its technical and legal means.
The notification of content does not, however, constitute a right to its removal or modification.
10. Prohibited Use and Fraud Prevention
10.1 Principle
The Cashews Platform may be used exclusively in accordance with these Terms and Conditions, the applicable statutory provisions, and the intended purpose of the Platform.
Any abusive, fraudulent, or unlawful use is prohibited.
10.2 Prohibited Actions
In particular, the following is prohibited:
- obtaining or redeeming Digital Stamps or Rewards in an unauthorized manner;
- circumventing or impairing the technical protection measures of the Platform;
- providing false or misleading information;
- using multiple Customer Accounts or other accounts for the purpose of circumventing Loyalty Programs or system restrictions;
- using third-party user accounts without authorization or enabling their use;
- using the Platform through automated procedures, bots, scripts, or comparable technologies, unless expressly authorized;
- distributing or employing malware, viruses, or other harmful programs;
- impairing the functionality, security, or availability of the Platform;
- exploiting security vulnerabilities or accessing data or systems in an unauthorized manner;
- publishing content or information that infringes applicable law or third-party rights;
- using the Platform for unlawful purposes;
- undertaking other actions capable of harming Cashews, Merchants, other users, or third parties.
10.3 Manipulation of Loyalty Programs
In particular, it is prohibited:
- generating Digital Stamps outside the intended features or having them generated;
- obtaining stamps or Rewards through technical manipulations, deception, or other unlawful means;
- redeeming the same Reward multiple times in an unauthorized manner;
- knowingly exploiting technical errors to obtain benefits;
- collaborating with other persons to manipulate Loyalty Programs or Reward systems.
10.4 Abuse by Merchants or Authorized Users
Merchants and their Authorized Users must use the features made available to them exclusively in accordance with their intended purpose.
In particular, it is prohibited:
- granting stamps without an underlying authorized process;
- releasing or crediting Rewards in an unauthorized manner;
- knowingly manipulating statistics or Campaign data;
- accessing Merchant or Customer data in an unauthorized manner;
- using or extending permissions in an abusive manner.
The Merchant is responsible for the proper use of the Platform by its Authorized Users.
10.5 Review of Suspicious Transactions
Where there are concrete indications of a breach of these Terms and Conditions or of abusive use of the Platform, Cashews is entitled to review the affected transactions and evaluate the necessary information, to the extent this is permissible for the clarification of the matter and under the applicable statutory provisions.
10.6 Measures in the Event of Breaches
In the event of a breach of these Terms and Conditions or upon a founded suspicion of such a breach, Cashews may, taking into account the severity of the breach and the legitimate interests of the affected parties, take in particular the following measures:
- warn the affected user;
- temporarily restrict individual features;
- block or remove Digital Stamps or Rewards obtained in an unauthorized manner;
- hide or remove individual content or Campaigns;
- temporarily block Customer, Authorized User, or Merchant Accounts;
- permanently exclude users from the use of the Platform;
- take further measures, to the extent these are permissible under the applicable statutory provisions.
To the extent the purpose of the measure is not thereby compromised, Cashews informs the affected user of the essential reasons of the measure taken.
10.7 Cooperation with Authorities
To the extent Cashews is legally obligated or a corresponding legal basis exists, Cashews may cooperate with competent authorities or law enforcement agencies and transmit the necessary information.
10.8 Damages and Other Claims
Further statutory or contractual claims of Cashews, Merchants, Customers, or other third parties remain unaffected by the foregoing provisions.
10.9 Security Measures
Cashews is entitled to deploy technical and organizational measures to ensure the security of the Platform, prevent abuse, and protect the integrity of the services offered.
This may include in particular procedures for the detection of anomalous usage patterns, the verification of transactions, and other appropriate security mechanisms.
11. Content and Intellectual Property
11.1 Intellectual Property of the Platform
The Cashews Platform, including its software, applications, user interfaces, designs, texts, graphics, logos, trademarks, databases, and all other components, is protected by copyright and other intellectual property rights.
Unless expressly stated otherwise, these rights belong to 8reasons Connect UG or the respective rights holders.
11.2 User's Right of Use
Cashews grants the user, for the duration of lawful use of the Platform, a simple, non-exclusive, non-transferable, and revocable right to use the Platform within the framework of these Terms and Conditions.
The right of use covers exclusively the intended use of the features provided within the Platform.
No further rights are granted to the user.
11.3 Infringement of Rights
Unless expressly permitted by law or authorized by Cashews in writing, in particular it is prohibited:
- reproducing, distributing, or making publicly accessible the Platform or parts of it;
- modifying, editing, or creating derivative works of the software or source code;
- reverse engineering, decompiling, or disassembling the Platform, unless otherwise legally permissible;
- circumventing protection rights or technical protection measures;
- using the trademarks, logos, or other distinctive signs of Cashews without consent.
11.4 Content of Merchants
Texts, images, logos, trademarks, product information, Campaigns, and other content that a Merchant provides within the Platform remain in the ownership or the area of responsibility of the respective Merchant or the respective rights holder.
The Merchant is responsible for ensuring that it has all necessary rights to use and publish this content.
11.5 Rights of Use for Merchant Content
Where a Merchant publishes or uploads content within the Cashews Platform, it grants Cashews, for the duration of use of the Platform, the non-exclusive, spatially unlimited, and contract-duration-limited right to store, reproduce, technically process, transmit, and display this content within the Cashews Platform and for the promotion of the Platform and the respective Merchant Campaign, to the extent necessary for the provision of the agreed services.
Ownership of the content remains with the respective Merchant or rights holder.
11.6 Content of Customers
Where Customers provide content within the Platform, rights to this content remain, in principle, with the respective Customer.
The Customer grants Cashews the rights of use necessary for the provision and operation of the Platform.
11.7 Trademarks and Distinctive Signs
"Cashews" and the associated logos, trademarks, and distinctive signs are legally protected or intended for registration.
Their use is permissible only with the prior express consent of the respective rights holder, unless otherwise provided for by law.
11.8 Notification of Rights Infringements
Where Cashews receives indications that content published within the Platform may violate third-party rights or infringe applicable law, Cashews is entitled to review this content and, if necessary, temporarily block or remove it.
To the extent the purpose of the measure is not thereby compromised, the affected user or Merchant is informed of the essential reasons.
11.9 Feedback and Improvement Suggestions
Where a user voluntarily submits to Cashews ideas, improvement suggestions, or other feedback regarding the Platform, Cashews is entitled to use this feedback free of charge for the further development of the Platform.
There is no obligation to implement the feedback or to remunerate the user.
Statutory rights of the user to their own copyright-protected works or other protection rights remain unaffected.
12. Availability and Changes to the Platform
12.1 Provision of the Platform
Cashews provides the Platform within its technical and operational means and endeavors to ensure the highest possible availability and a secure and reliable operation.
However, uninterrupted or error-free availability at all times cannot be guaranteed due to the nature of internet-based services.
12.2 Maintenance Work
To ensure the security, stability, and development of the Platform, Cashews may carry out maintenance work, updates, or other technical measures.
To the extent plannable maintenance work is expected to cause substantial restrictions, Cashews will inform users in advance in an appropriate manner where possible.
12.3 Technical Disruptions
Temporary restrictions or interruptions of the Platform may occur in particular due to:
- maintenance work;
- security measures;
- software or hardware errors;
- disruptions to telecommunications or internet services;
- failures of external service providers;
- force majeure or other circumstances outside Cashews's area of influence.
Cashews will endeavor to resolve corresponding disruptions within a reasonable period.
12.4 Development of the Platform
Cashews continuously develops the Platform to provide new features, improve existing features, and increase security, usability, and stability.
For this purpose, Cashews may add, change, expand, or discontinue features, provided the legitimate interests of users are appropriately taken into account.
12.5 Changes to Individual Features
Individual features, content, or technical procedures may change over time or be replaced by equivalent or improved solutions.
This includes in particular changes to:
- the user interface;
- the available features;
- the technical procedures for the use of the Platform;
- the presentation of Merchant information;
- the technical procedures for granting or redeeming Digital Stamps.
To the extent substantial effects on use result from this, Cashews informs registered users in an appropriate manner.
12.6 Temporary Suspension of Individual Features
Cashews may temporarily deactivate or restrict individual features, to the extent this is necessary in particular:
- to carry out maintenance work;
- to rectify technical errors;
- to ensure the security of the Platform;
- to implement legal requirements;
- to prevent abuse.
The restriction of individual features is carried out only to the extent necessary for the respective purpose.
12.7 Permanent Discontinuation of Features
Cashews may permanently discontinue individual features or replace them with new features, where reasonable grounds exist and the legitimate interests of users are appropriately taken into account.
Already existing statutory or contractual claims of users remain unaffected.
12.8 Changes to the Platform
Cashews may adapt the Platform to new technical developments, legal requirements, security standards, or changed market conditions.
To the extent such changes require an adaptation of these Terms and Conditions, the procedure is governed by the provisions on changes to these Terms and Conditions.
12.9 No Right to an Unchanged Platform
The user has no right to the Cashews Platform being permanently provided in a particular version, with a particular design, or with an unchanged functional scope.
This does not apply to the extent Cashews has expressly guaranteed certain services to the user under the contract or mandatory statutory provisions provide otherwise.
12.10 Security and Emergency Measures
To safeguard the security and integrity of the Platform, Cashews is entitled to take appropriate technical or organizational measures immediately in the event of acute security risks.
This may include in particular the temporary restriction of individual features, security updates, or other necessary measures.
To the extent possible and reasonable, Cashews informs the affected users retrospectively of essential measures.
13. Liability
13.1 Principle
Cashews is liable under the statutory provisions for damages caused intentionally or through gross negligence by Cashews.
In the event of simple negligence, Cashews is liable only to the extent this is provided for by law or a substantial contractual obligation has been breached.
Mandatory statutory liability provisions remain unaffected.
13.2 Technical Platform
Cashews provides the technical Platform and is responsible for its operation, maintenance, and development.
Cashews is liable within the framework of the statutory provisions for damages arising from a breach of an obligation attributable to Cashews.
13.3 Services of Merchants
Cashews is not responsible for the goods, services, Rewards, discounts, or other services offered by Merchants.
In particular, Cashews is not liable for:
- the quality or condition of products or services;
- the availability of a Reward;
- the proper redemption of a Reward;
- opening hours or the accessibility of a Merchant;
- information, content, or Campaigns of a Merchant;
- the fulfillment of contractual obligations of a Merchant toward its Customers.
Any claims of the Customer are directed, to the extent a legal or contractual basis exists, against the respective Merchant.
13.4 Third-Party Content
Cashews is not liable for content, information, or other data published by Merchants or other users within the Platform, unless Cashews has itself created this content and no statutory responsibility exists.
Where Cashews has knowledge of unlawful content, Cashews will review it in accordance with the statutory provisions and, if necessary, take appropriate measures.
13.5 Use Without a Customer Account
Where a user consciously opts for use of the Platform without a registered Customer Account, certain data is stored exclusively locally on the device used.
To the extent data is stored exclusively locally and Cashews has no access to it, Cashews generally cannot restore it in the event of device loss, defect, theft, reinstallation, or comparable events.
The liability of Cashews for damages arising from a breach of an obligation attributable to Cashews remains unaffected.
13.6 Availability of the Platform
Cashews endeavors the highest possible availability of the Platform.
Temporary restrictions or interruptions may occur in particular due to maintenance work, technical disruptions, security measures, or circumstances outside Cashews's area of influence.
Cashews is liable for this only to the extent statutory liability exists or the restriction is attributable to a breach of an obligation by Cashews.
13.7 External Services
The Platform may integrate or use third-party services, for example, app stores, map and location services, notification services, or payment service providers.
Cashews is liable for the availability or functioning of such external services only to the extent Cashews is responsible for them under the statutory provisions.
13.8 User's Obligation to Cooperate
The user is obligated to contribute, to the extent reasonable, to avoiding or minimizing damages.
This includes in particular:
- keeping access credentials secure;
- adequately protecting the device used;
- installing security and software updates;
- notifying Cashews immediately of manifest malfunctions or security incidents.
13.9 Statutory Rights
The foregoing liability provisions leave the user's mandatory statutory rights unaffected.
In particular, claims remain unaffected to the extent liability cannot be legally excluded or limited.
14. Blocking and Termination
14.1 Termination by the User
The user may terminate the use of the Cashews Platform at any time.
Registered Customers may request the deletion of their Customer Account through the functions provided within the Platform or by contacting support.
Termination of use leaves statutory retention obligations and statutory or contractual claims that arose prior to termination unaffected.
14.2 Temporary Blocking
Cashews is entitled to temporarily restrict or block access to a Customer Account or individual features where a reasonable ground exists.
Such a ground exists in particular where:
- there is suspicion of unauthorized use;
- there are concrete indications of a breach of these Terms and Conditions;
- statutory obligations require a blocking;
- there are security risks for the Platform, other users, or Merchants;
- technical measures for the protection of the Platform are necessary.
To the extent the purpose of the measure is not thereby compromised, Cashews informs the affected user of the essential reasons of the blocking.
14.3 Permanent Termination
Cashews may permanently block or delete a Customer Account where:
- there is a serious or repeated breach of these Terms and Conditions;
- the Platform has been used intentionally, abusively, or unlawfully;
- false identities or manipulated accounts have been used;
- the continued use of the Platform is unreasonably burdensome for Cashews, Merchants, or other users;
- there is a statutory obligation to terminate.
Before a permanent termination, the user is, to the extent legally permissible and the purpose of the measure is not thereby compromised, granted the opportunity to comment.
This does not apply in particular where an immediate blocking for security reasons or to prevent further harm is necessary.
14.4 Consequences of Termination
Upon the effectiveness of termination, the user's right to use the Customer Account extinguishes.
After termination, access to the Customer Account and the use of its associated features may no longer be possible.
Personal data is deleted or further processed in accordance with the Privacy Policy and the applicable statutory provisions, to the extent a legal basis exists for this.
14.5 Locally Stored Data
When using Cashews without a registered Customer Account, data stored exclusively locally on the device generally remains stored on the respective device.
Termination of use or the deletion of a registered Customer Account does not automatically result in the restoration, transfer, or backup of exclusively locally stored data.
14.6 Restoration of a Customer Account
After a blocking, Cashews may re-enable access to the Customer Account once the reason for the blocking has ceased or the matter has been clarified.
There is no right to the restoration of a deleted Customer Account or deleted data, to the extent restoration is technically not possible or legally permissible.
14.7 Continued Application of Individual Provisions
Provisions of these Terms and Conditions that, by their nature, are intended to continue to apply after termination of the user relationship remain unaffected by the termination.
This includes in particular provisions concerning:
- liability;
- intellectual property;
- data protection, to the extent legally permissible;
- dispute resolution;
- applicable law;
- as well as other provisions whose continued application is necessary for the settlement of the contractual relationship.
15. Data Protection
15.1 Processing of Personal Data
Cashews processes personal data in accordance with the applicable data protection provisions.
The type, scope, purposes, and legal bases of data processing are derived from the respectively applicable Privacy Policy.
15.2 Privacy Policy
The Privacy Policy forms part of Cashews's information offering and is available to users at all times within the Platform and on the Cashews website.
It informs in particular about:
- the personal data processed;
- the purposes and legal bases of data processing;
- the retention period;
- possible recipients of personal data;
- international data transfers, to the extent they take place;
- the rights of the data subjects;
- contact options for data protection inquiries.
15.3 Responsibility of the User
The user is responsible for keeping the personal data it has provided within the Platform up to date and protecting access credentials from unauthorized third-party access.
15.4 Data Protection When Using Without a Customer Account
Where Cashews is used without a registered Customer Account, certain data may be stored exclusively locally on the user's device.
The details of data processing in this case are derived from the Privacy Policy.
15.5 Data Protection for Merchants
Where Merchants process personal data of their Customers within the framework of the Cashews Platform, they are responsible for compliance with the data protection provisions applicable to them.
Further provisions on this may be derived from the supplementary Merchant conditions.
15.6 Changes to the Privacy Policy
Cashews may adapt the Privacy Policy to changes in legal requirements, technical developments, or changes in data processing.
To the extent legally required, users are informed of substantial changes in an appropriate manner.
16. Changes to the Terms and Conditions
16.1 Right of Modification
Cashews is entitled to modify or supplement these Terms and Conditions where a reasonable ground exists.
Such a ground may exist in particular for:
- changes to legal or regulatory requirements;
- court decisions;
- technical developments of the Platform;
- the introduction of new features or services;
- changes to security requirements;
- adaptations to changed market or business conditions;
- the closing of regulatory gaps or the clarification of existing provisions.
16.2 Information About Changes
Cashews informs affected users of substantial changes to these Terms and Conditions in a timely manner and in an appropriate manner.
The information may be provided in particular within the Platform, by email, or by a comparable communication channel.
16.3 Entry Into Force
To the extent legally permissible, changes enter into force at the time communicated by Cashews.
The time of entry into force is communicated to users together with the information about the respective change.
16.4 Renewed Consent
Where changes entail a substantial expansion or restriction of the rights or obligations of users or where, under the applicable statutory provisions, express consent is required, the modified Terms and Conditions are presented to the user again for acceptance.
Until acceptance, individually new or modified features may be unavailable.
16.5 Objection and Termination
Where a user is not in agreement with a substantial change to these Terms and Conditions, it may terminate the use of the Platform and request the deletion of its Customer Account in accordance with these Terms and Conditions.
Statutory rights of the user remain unaffected.
16.6 Continued Application
Changes to these Terms and Conditions generally take effect only prospectively.
Rights and obligations of the contracting parties that have already arisen remain unaffected, unless otherwise provided for by law.
16.7 Applicable Version
The current version of the Terms and Conditions is available at all times within the Cashews Platform and on the Cashews website.
For reasons of transparency, Cashews may archive earlier versions of the Terms and Conditions and make them available to users.
17. Complaints and Contact
17.1 Customer Support
Cashews provides a Customer Support service, which may be contacted by users for questions regarding the use of the Platform, technical problems, or other matters.
The current contact options are published within the Cashews Platform and on the Cashews website.
17.2 Technical Inquiries
Inquiries relating to the operation of the Platform, user accounts, the functioning of the app, or other technical services of Cashews may be directed directly to Cashews's Customer Support.
Cashews endeavors to handle received inquiries within a reasonable period.
There is no right to handling within a specified period, unless otherwise provided for by law or expressly agreed.
17.3 Complaints About Merchants
Complaints relating to goods, services, Rewards, Loyalty Programs, or other services of a participating Merchant should be directed to the respective Merchant in the first instance.
To the extent Cashews has knowledge of possible breaches of these Terms and Conditions or of applicable law, Cashews may review the matter and take appropriate measures within its legal and contractual means.
However, Cashews is generally not obligated to resolve disputes between Customers and Merchants or to enforce the claims of one contracting party against the other.
17.4 Notification of Errors and Abuse
Users may inform Cashews of technical errors, security vulnerabilities, abusive uses, or other anomalies within the Platform.
Cashews will review the corresponding indications and, if necessary, take appropriate technical or organizational measures.
The notification of an incident does not constitute a right to a specific measure or result.
17.5 Contact
The Platform operator is reachable at:
8reasons Connect UG (limited liability)
Address:
Marktplatz 20, 83607 Holzkirchen, Germany
Email: hello@cashews.app
Website: www.cashews.app
Where supplementary contractual conditions apply to individual services or user groups, additional or divergent contact options may be indicated there.
17.6 Statutory Complaint Rights
The contact and complaint options regulated in these Terms and Conditions leave the user's statutory rights unaffected.
Users may, to the extent legally provided for, also turn to competent authorities or other legally provided complaint instances.
18. Applicable Law and Dispute Resolution
18.1 Applicable Law
These Terms and Conditions and all legal relationships between the user and 8reasons Connect UG (limited liability) are governed by the law of the Federal Republic of Germany.
Mandatory statutory provisions that, under the applicable conflict-of-law rules, cannot be excluded remain unaffected.
18.2 Out-of-Jit Dispute Resolution
In the event of disagreements, the parties endeavor to resolve them first through mutual out-of-jit dialogue.
Users may, for this purpose, contact Customer Support at any time through the contact options provided by Cashews.
18.3 Jurisdiction
To the extent legally permissible, the exclusive jurisdiction for all disputes arising from or in connection with these Terms and Conditions is the seat of 8reasons Connect UG in Germany.
Statutory provisions on exclusive jurisdictions or mandatory consumer rights remain unaffected.
18.4 Severability Clause
Should individual provisions of these Terms and Conditions be, in whole or in part, invalid, unenforceable, or unenforceable, the validity of the remaining provisions remains unaffected.
In the place of the invalid or unenforceable provision, the legally permissible provision that most closely approximates the economic purpose of the original provision applies.
The same applies to any regulatory gaps.
19. Final Provisions
19.1 Language of the Contract
These Terms and Conditions are entered into in the English language.
Where translations into other languages are provided, they serve exclusively for greater comprehensibility. In the event of discrepancies or questions of interpretation, the German version is the applicable version, to the extent legally permissible.
19.2 Transfer of Rights and Obligations
Cashews is entitled to transfer the rights and obligations arising from these Terms and Conditions, in the context of a corporate restructuring, a merger, a sale of the business, or for comparable reasonable grounds, to a connected entity or legal successor, provided the legitimate interests of users are not thereby disproportionately affected.
To the extent legally required, affected users are informed of this.
The user is not authorized to transfer rights or obligations arising from these Terms and Conditions to third parties without the prior consent of Cashews.
19.3 Waiver
The non-exercise or delayed exercise of individual rights arising from these Terms and Conditions does not constitute a waiver of such rights.
19.4 Severability Clause
Should individual provisions of these Terms and Conditions be, in whole or in part, invalid, unenforceable, or unenforceable, the validity of the remaining provisions remains unaffected.
In the place of the invalid or unenforceable provision, the legally permissible provision that most closely approximates the economic purpose of the original provision applies.
The same applies to any regulatory gaps.
19.5 Entry Into Force
These Terms and Conditions enter into force upon their publication or at the time indicated within the Platform.
They apply from that time to all new user relationships and replace earlier versions of the Terms and Conditions.