Business Plus Account Terms of Service

Effective Date: April 15, 2024

Welcome to a-OK Business Plus Account Program

Thank you for your interest in becoming a Participating Outlet with a-OK, a platform dedicated to spreading kindness through acts of generosity like offering a cup of coffee or tea. This document outlines the terms and conditions (the “Terms”) that govern the relationship between anka EK LLC. (“a-OK”, “we”, “us”, or “our”) and the business entity (“Outlet”, “you”, or “your”) participating in our a-OK Business Plus Program (the “Program”).

By participating in the Program, you agree to these Terms, which form a legally binding agreement between you and a-OK. If you do not agree to these Terms, you must not participate in the Program.

1. Program Participation

1.1 Eligibility

To participate in the a-OK Business Plus Program (“Program”), your business must:

• Be a legally registered business in the jurisdiction in which you operate.

• Agree to comply with all the terms outlined in this agreement and any operational guidelines provided by a-OK.

• Do they need to have an email address/ business phone number? YES

1.2 Application Process

• To have a Business Plus Account, you must complete the application process, which includes submitting your business details, location, and services offered. The application process also includes Business Plus Account using their business credit card/debit card to make a transaction of a nominal amount to load their a-ok Wallet for validation purposes.  

• a-OK will review your application to ensure it meets the Program’s criteria and standards. The review process may include, but is not limited to, an evaluation of your business’s reputation, customer service standards, and compliance with health and safety regulations.

• Approval of applications is at the sole discretion of a-OK. a-OK reserves the right to reject any application without providing a reason.

1.3 Acceptance and Program Participation

• Upon approval, you will receive a notification from a-OK confirming your participation in the Program along with further instructions on how to proceed.

• Business Plus Accounts are required to sign an digital agreement acknowledging acceptance of these Terms of Service and any additional operational guidelines pertinent to the Program.

1.4 Program Benefits

• Having a Business Plus Account allows your outlet to access a wider customer base and engage with the a-OK community, promoting kindness and generosity through the sharing of coffee and tea beverages enabling you to Improve PR and Brand Image while directly marketing the business in a unique and effective manner. 

• Business Plus account will have access to Business Profile View, where businesses can maintain business relevant information to promote and facilitate their businesses.  

• Capability to organize random offer winner selection events and grant offers to the participants thus increasing the satisfaction rate and productivity amongst the employees of the business. 

• Empower  management  team  with  effective  and  creative  ways  to  engage  and  encourage  employees  by offering reward offers or a token of appreciation and recognition.   

1.5 Responsibilities

• You agree to maintain the quality and standard of service and to treat a-OK users with courtesy and respect, ensuring they receive a positive experience when interacting with your business. 

• Business Plus must promptly report any issues or disputes related to offer redemptions to a-OK for resolution.

2. Responsibilities of Business Plus

2.1 General Responsibilities

• What are those responsibilities? Give correct information. 

2.2 Data Protection

• In handling personal information of a-OK users (e.g., names, redemption codes), Business Plus Accounts must adhere to applicable data protection and privacy laws, ensuring the confidentiality and security of user data.

• Business Plus Accounts agree not to use customer data obtained through the a-OK Program for any purpose other than offer redemption without explicit consent from the user.

2.3 Feedback and Reporting

• Business Plus Accounts are expected to provide feedback to a-OK on the Program, including any suggestions for improvement or issues encountered during the redemption process.

• Outlets must report any issues directly to a-OK on a regular basis, as specified in the operational guidelines for Business Plus Accounts.

2.7 Compliance with Terms

• Adherence to these Terms of Service, as well as any updates or modifications thereto, is mandatory. a-OK reserves the right to audit Business Plus Accounts for compliance and may take corrective action, up to and including termination from the Program, for any breaches.

3. Financial Arrangements

3.1 Fees and Charges

• Business Plus Accounts are required to use their business credit card/debit card to make a transaction of a nominal amount to load their a-ok Wallet for validation purposes.  

• Business Plus Accounts are required to provide the community with coffee offers based on variable factors which are listed in the Subscription Rates. 

•  a-OK reserves the right to implement transaction fees or other charges in the future, subject to prior notification and agreement with Business Plus Accounts.

3.2 Dispute Resolution

• In the event of a dispute regarding transactions, payments, or reconciliation, Business Plus Accounts should first contact a-OK’s support team for resolution.

• a-OK commits to resolving any disputes fairly and promptly, with the aim of maintaining a positive and cooperative relationship with Business Plus Accounts.

3.3 Taxation

• Business Plus Accounts are responsible for reporting and remitting any taxes associated with the receipt of payments from a-OK for redeemed offers.

3.4 Changes to Financial Terms

• a-OK reserves the right to modify the financial terms of the Program, including payment rates, Subscription Rates,  fees, and reconciliation procedures, upon providing reasonable notice to Business Plus Accounts.

• Any changes to financial terms will be communicated via notifications and emails and will take effect no earlier than 30 days from the date of notification

4. Data Protection and Privacy

4.1 Data Sharing Agreement

• Business Plus Accounts agree to the collection and use of transactional and operational data necessary for the execution of the a-OK Program. This includes data related to offer redemptions, customer interactions, and feedback.

• a-OK commits to using this data responsibly, in accordance with its Privacy Policy, and solely for the purpose of facilitating and improving the Program.

4.2 Compliance with Data Protection Laws

• Both a-OK and Business Plus Accounts shall comply with all applicable data protection and privacy laws regarding the collection, processing, and storage of personal data.

• Business Plus Accounts are responsible for ensuring that any personal data received in the course of offer redemptions is handled securely and in compliance with such laws.

4.3 Confidentiality

• Business Plus Accounts must treat all customer data accessed through the a-OK Program as confidential, using it only for the purpose of fulfilling offers and providing the services outlined in this agreement.

• Any sharing of personal data outside the scope of the Program requires explicit consent from the customer.

4.4 Data Security

• Business Plus Accounts must implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

• In the event of a data breach, Business Plus Accounts are required to notify a-OK immediately and cooperate fully with any investigations and remediation efforts.

4.5 Customer Consent

• Business Plus Accounts must ensure that they have obtained any necessary consents from customers for the use of their personal data in connection with the a-OK Program.

• This includes consent for the collection of data at the point of offer redemption and any subsequent use of that data for marketing or other purposes, in compliance with applicable laws.

5. Marketing and Brand Usage

5.1 Brand Guidelines

• Business Plus Accounts must adhere to a-OK’s brand guidelines when using a-OK’s trademarks, logos, or other brand elements in promotional materials, both online and offline.

• a-OK will provide Business Plus Accounts with access to an official brand asset library, which includes approved logos, images, and messaging templates.

5.2 Promotional Activities

• Business Plus Accounts are encouraged to engage in promotional activities to highlight their participation in the a-OK Program. This can include social media announcements, in-store signage, and other marketing communications.

• All promotional activities and materials mentioning a-OK or using its brand elements must be pre-approved by a-OK to ensure consistency and brand integrity.

5.3 Co-Branded Marketing

• a-OK may, from time to time, collaborate with Business Plus Accounts on co-branded marketing initiatives designed to promote the partnership, the Program, and special offers.

• Details of any co-branded marketing efforts, including responsibilities, costs, and revenue sharing, will be agreed upon separately in writing by both parties.

5.4 Use of Testimonials and Reviews

• Business Plus Accounts grant a-OK the right to use any public testimonials, reviews, or feedback related to their participation in the Program in a-OK’s marketing and promotional materials.

• Business Plus Accounts agree to cooperate with a-OK in the creation of case studies or success stories that showcase the benefits of the Program, subject to the Outlet’s final approval before publication.

5.5 Online and Social Media Presence

• When promoting their participation in the Program on social media or other online platforms, Business Plus Accounts must link back to the a-OK website or app and use official hashtags provided by a-OK.

• Outlets should monitor their online and social media mentions related to the Program and collaborate with a-OK in addressing any customer inquiries or comments in a timely and positive manner.

5.6 Restrictions

• Business Plus Accounts are prohibited from using the a-OK brand in a way that implies a-OK’s endorsement of any specific products or services outside of the Program without explicit written consent from a-OK.

• The a-OK trademarks and brand elements cannot be altered in any way and must be displayed according to the guidelines provided by a-OK.

6. Compliance and Legal Obligations

6.1 Legal Compliance

• Business Plus Accounts must comply with all applicable local, state, federal, and international laws and regulations governing their operations, including but not limited to health and safety, labor, and consumer protection laws.

• Business Plus Accounts are responsible for obtaining and maintaining any permits, licenses, or certifications required to operate legally in their jurisdiction and participate in the a-OK Program.

6.2 Indemnification

• Business Plus Accounts agree to indemnify, defend, and hold harmless a-OK, its affiliates, officers, agents, employees, and partners from any claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

  • Any breach of these Terms by the Business Plus Accounts;

  • The Business Plus Account’s violation of any law or the rights of a third party;

  • Any dispute or issue between the Business Plus Accounts and any third party, including customers;

  • Any content or material submitted by the Business Plus Account through the a-OK platform.

6.3 Health and Safety Standards

• Business Plus Accounts must adhere to the highest health and safety standards, ensuring that their premises are safe, clean, and conducive to a positive customer experience, whenever possible. 

6.4 Product Standards

• Products offered through the a-OK Program,must meet quality standards set by a-OK. These standards are designed to ensure customer satisfaction and maintain the integrity of the a-OK brand.

6.5 Environmental and Social Responsibility

• a-OK encourages Business Plus Accounts to engage in environmentally sustainable practices and to contribute positively to their communities.

• While not a mandatory requirement of the Program, adherence to environmental and social responsibility practices is viewed favorably and may be promoted by a-OK as part of its commitment to corporate social responsibility.

6.6 Reporting and Record-Keeping

• Business Plus Accounts are required to provide a-OK with access to these records upon request, for purposes of auditing, dispute resolution, and compliance verification.

6.7 Changes to Legal and Compliance Requirements

• a-OK reserves the right to update or modify the legal and compliance requirements related to the Program as necessary to ensure compliance with changing laws and regulations.

• Business Plus Accounts will be notified of any changes to these requirements and are expected to comply with any new requirements as part of their continued participation in the Program.

7. Term and Termination

7.1 Duration of Agreement

• This agreement commences upon your acceptance of these Terms and will continue in full force and effect until terminated by either party in accordance with these Terms.

• The ongoing participation of an Outlet in the a-OK Program is subject to periodic review by a-OK to ensure continued compliance with these Terms and overall program objectives.

7.2 Termination by Business Plus Accounts

• A Business Plus Account may terminate this agreement at any time, for any reason, upon providing a-OK with thirty (30) days’ written notice.

• Upon termination, the Business Plus Account agrees to fulfill any outstanding payments and to cease using all a-OK branding and marketing materials immediately.

7.3 Termination by a-OK

• a-OK reserves the right to terminate this agreement or suspend a Business Plus Accounts participation in the Program at any time, without notice, for breach of these Terms or any action that jeopardizes the integrity or safety of the a-OK community.

• a-OK may also terminate this agreement for convenience with thirty (30) days’ written notice to the Business Plus Accounts

7.4 Effects of Termination

• Upon termination, all rights and obligations of both parties under this agreement immediately cease, except for those obligations that by their nature are intended to survive termination (including but not limited to indemnification, confidentiality, and legal compliance obligations).

• Business Plus Accounts must immediately cease displaying a-OK branding and remove any references to a-OK from their marketing materials and online presence.

7.5 Handling of Customer Data

• In the event of termination, Business Plus Accounts must securely delete or return any customer data obtained through the a-OK Program, in compliance with applicable data protection laws and the terms of the Data Protection and Privacy section of this agreement.

7.6 Dispute Resolution Post-Termination

• Any disputes arising under these Terms that are unresolved at the time of termination shall be resolved in accordance with the Dispute Resolution section of this agreement.

7.7 Modification of Program

• a-OK reserves the right to modify, suspend, or discontinue the a-OK Program, in whole or in part, at any time. In the event of a significant modification or discontinuation of the Program, a-OK will provide as much notice as possible to Business Plus Accounts.

7.8 No Liability for Termination

• Neither a-OK nor the Participating Outlet will be liable to the other for any damages resulting from the termination of this agreement in accordance with these Terms.

8. Dispute Resolution

8.1 General Principles

• a-OK and Business Plus Accounts agree to work in good faith to resolve any disputes, disagreements, or claims arising out of or relating to this agreement or the Program (“Disputes”) amicably through direct negotiation.

8.2 Notice of Dispute

• The party raising a Dispute must notify the other party in writing, providing a detailed description of the issue, the proposed resolution, and any supporting documentation. The notice should be sent to the contact details provided in the agreement.

8.3 Negotiation and Mediation

• Upon receipt of a dispute notice, the parties will have thirty (30) days to attempt to resolve the Dispute through negotiation. If the parties are unable to resolve the Dispute within this period, they agree to engage in mediation with a mutually agreed upon mediator to facilitate further discussions.

8.4 Binding Arbitration

• If negotiation and mediation fail to resolve the Dispute within sixty (60) days of the initial dispute notice, either party may request that the Dispute be resolved by binding arbitration administered by an arbitration service agreed upon by both parties.

• The arbitration will be conducted in the English language, and the arbitrator’s decision shall be final and binding on both parties, subject to any right of judicial review provided by law.

8.5 Costs of Arbitration

• The costs of arbitration, including administrative fees, mediator fees, and fees for the arbitrator, will be shared equally between a-OK and the Business Plus Account, unless the arbitrator determines that the costs should be allocated differently based on the circumstances of the Dispute.

8.6 No Class Actions

• Both parties agree to resolve any Disputes on an individual basis only, and not as a plaintiff or class member in any purported class or representative action or proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

8.7 Exceptions

• This dispute resolution procedure does not preclude either party from seeking injunctive relief in any court of competent jurisdiction to prevent an imminent or ongoing breach of this agreement or infringement of intellectual property rights.

8.8 Governing Law

• The dispute resolution process and any arbitration proceedings will be governed by the laws specified in the Choice of Law section of this agreement.

8.9 Confidentiality of Proceedings

• All negotiations, mediations, and arbitration proceedings under this section will be conducted in confidentiality, and the parties agree not to disclose the existence, content, or results of any such process without the other party’s prior written consent, except as required by law.

9. General Provisions

9.1 Amendments

• These Terms of Service may be amended or updated by a-OK from time to time to reflect changes in the law, changes to the a-OK Program, or for other reasons deemed necessary by a-OK.

• Business Plus Accounts will be notified of any significant changes to these Terms in advance, and continued participation in the Program following such changes will constitute acceptance of the new Terms.

9.2 Severability

• If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

• The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable, maintaining the original intent of the parties as closely as possible.

9.3 Entire Agreement

• These Terms, together with any documents expressly referred to herein, constitute the entire agreement between a-OK and the Business Plus Accounts regarding the Program and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.

9.4 Waiver

• No waiver of any rights or provisions of these Terms will be deemed a further or continuing waiver of such right or provision or any other right or provision.

• A party’s failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

9.5 Relationship of the Parties

• The relationship between a-OK and Business Plus Accounts is that of independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

9.6 Notices

• Any notices required or permitted to be given under these Terms shall be in writing and delivered by email, postal mail, or hand delivery to the addresses provided by each party for such purposes.

9.7 Assignment

• Business Plus Accounts may not assign or transfer any rights or obligations under these Terms without the prior written consent of a-OK.

• a-OK may assign its rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without the Business Plus Account’s consent.

9.8 Force Majeure

• Neither party shall be liable for any failure to perform its obligations under these Terms if such failure results from any act of God, riot, war, civil unrest, flood, earthquake, or other cause beyond the reasonable control of such party (“Force Majeure”), provided that such party gives prompt written notice of such condition and resumes its performance as soon as possible.

9.9 Governing Law and Jurisdiction

• These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which a-OK is located, without giving effect to any principles of conflicts of law.

• Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in the jurisdiction of a-OK, and the parties hereby consent to the personal jurisdiction and venue therein.