01 Scope
These General Terms & Conditions ("Terms") govern all access to and use of the Nibble platform ("Platform") by any customer ("Customer") of the Provider. By accessing the Platform, the Customer accepts these Terms in full. These Terms apply to all campaigns, activations, and related services operated by the Customer through the Platform, and remain in force for the duration of Customer access.
02 Nature of the Service
The Provider sells comprehensive marketing and promotional campaigns to the Customer. The total Campaign Fee represents the purchase of these marketing services as a single, indivisible package.
The Provider acts as a principal, in its own name, when contracting with third-party venues to execute the promotional activities. No agency, fiduciary, or trust relationship exists between the Provider and the Customer, nor between the Customer and the venues.
03 License
The Provider grants the Customer a non-exclusive, non-transferable, revocable, royalty-free license to access and use the Platform for the purpose of creating and operating product redemption campaigns and related consumer activations.
No license fee, subscription fee, or platform access fee is payable. The license is granted on the express condition that the Customer maintains active campaign spend on the Platform. Should the Customer cease campaign spend for a continuous period of [12] months, the Provider reserves the right to suspend or terminate access without further notice.
04 Self-Service Use
The Platform is provided on a self-service basis. The Customer is responsible for configuring and operating its own campaigns, including:
- Creating and publishing campaigns and redemption mechanics
- Managing creative assets and consumer-facing forms
- Onboarding and managing participating venues
- Accessing reporting and participation data
Standard product support is provided through the Provider's documented support channels. Custom development, bespoke integrations, dedicated success management, and non-standard configuration work fall outside these Terms and require a separate written engagement.
05 Purchase Orders & Spend
All Customer spend on the Platform — including campaign budgets, redemption funding, prize fulfilment, and any associated transaction or processing costs — requires a valid Purchase Order ("PO") issued by the Customer to the Provider in advance of the spend being incurred.
- No campaign may go live, and no funds may be drawn down, without a PO covering the relevant amount.
- Spend in excess of the PO value is not authorised and will be blocked by the Platform.
- The Customer is responsible for ensuring POs are issued in good time to avoid interruption to live campaigns.
06 Funds & Refunds
Funds committed by the Customer under a PO are allocated to the relevant campaign(s) and are used to fulfil consumer redemptions and associated platform-processed costs. Any funds paid by the Customer constitute immediate gross revenue for the Provider upon issuance of the campaign.
07 Banking Details & Venue Payouts
The Platform processes payouts to participating venues (venue owners) on the basis of verified redemptions. To enable this:
- IBAN and banking details are entered directly into the Platform by the venue owner at the point of onboarding.
- Banking details are logged only upon entry by the venue owner and are stored under restricted access controls.
- Banking details are not available for download, export, or bulk retrieval by the Customer. The Customer can view payout status and aggregate financial reporting, but cannot access the underlying IBANs or account details of venues.
- This restriction exists to protect venue owners, comply with applicable data protection requirements, and reduce the Customer's exposure to sensitive financial data.
Requests to retrieve banking details outside the Platform will be refused. In the event of a legitimate dispute, the Provider may, at its sole discretion and subject to legal review, facilitate a resolution directly with the affected venue.
08 Customer Responsibilities
The Customer is responsible for:
- The accuracy and legality of campaign content, mechanics, and consumer communications it publishes through the Platform
- Compliance with all applicable laws, including consumer protection, promotional, and data protection laws in the territories in which campaigns run
- The actions of users it grants access to its Platform account
- Timely issuance of POs to cover anticipated spend
09 Provider Responsibilities
The Provider will:
- Make the Platform available on a commercially reasonable best-efforts basis
- Apply appropriate security and access controls to Customer and venue data held on the Platform
- Process venue payouts in accordance with verified redemption activity and available PO funds
The Platform is provided "as is". No warranty is given as to uninterrupted availability or fitness for any specific campaign outcome.
10 Data & Confidentiality
Each party will treat the other's non-public information as confidential. Personal data processed via the Platform is handled in accordance with the Provider's Data Processing Addendum, which forms part of these Terms by reference.
11 Termination
Either party may terminate access on [30] days' written notice. The Provider may suspend access immediately in the event of: (a) material breach of these Terms, (b) non-payment or absence of a required PO, (c) suspected misuse of the Platform, or (d) sustained inactivity as set out in Section 2.
On termination, the funds treatment in Section 5 continues to apply: unused funds remain non-refundable.
12 Liability
The Provider's aggregate liability under these Terms is limited to the total amount of fees actually paid for Platform-processed transactions in the [12] months preceding the event giving rise to the claim. Neither party is liable for indirect or consequential loss.
13 Changes to These Terms
The Provider may update these Terms from time to time. Material changes will be notified to the Customer with at least [30] days' notice. Continued use of the Platform after the effective date of an update constitutes acceptance.
14 Governing Law
These Terms are governed by the laws of the Netherlands. Disputes arising out of or in connection with these Terms are subject to the exclusive jurisdiction of the competent courts of Amsterdam, the Netherlands.