Terms of Service

Effective December 26, 2025

1) Who We Are

PREMES LLC d/b/a PuffPass ("PuffPass," "we," "us," or "our") provides software and tools used by retail businesses and their customers to manage subscriptions, loyalty programs, communications, and related experiences. These Terms govern your access to and use of our Services, including puffpass.co and any other sites or applications we operate.

2) Acceptance

By accessing or using the Services, creating an account, or clicking "I agree," you accept these Terms and our Privacy Policy. If you do not agree, do not use the Services.

3) Eligibility; Age and Local Law

• You must be at least 18 years old (or 21 where required for smoke/vape/hemp products) to use the Services.
• You are responsible for ensuring that using the Services is lawful in your jurisdiction and for complying with all applicable laws.

4) Accounts and Security

• You are responsible for all activity under your account. Keep credentials secure and notify us promptly of any unauthorized use.
• We may suspend or terminate accounts that violate these Terms, applicable law, or pose security risks.

5) Permitted Use & Prohibited Conduct

• Use the Services only for lawful purposes.
• Do not misuse or interfere with the Services, including by reverse engineering, scraping, automated access beyond rate limits, spamming, or introducing malware.
• Do not use the Services to send unlawful or unsolicited communications (including SMS/email) and ensure all outreach complies with consent and opt-out requirements.

6) User Content and Licenses

You may upload, submit, or store content, including personal information of yourself or your customers ("User Content"). You represent you have all rights necessary to provide User Content to us.

To the maximum extent permitted by applicable law, you grant us a worldwide, perpetual, transferable, sublicensable, royalty-free license to host, reproduce, process, adapt, publish, transmit, display, distribute, sell, share, and commercialize User Content in connection with operating, improving, and promoting the Services and our business, including for analytics, advertising, data monetization, and any other lawful commercial purpose.

We will comply with applicable data protection laws and honor legally required opt-out mechanisms where required.

7) Data Practices; Privacy

Our data collection, use, and disclosure practices are described in our Privacy Policy, which is incorporated into these Terms. By using the Services, you acknowledge and agree that we may collect, use, disclose, sell, or share data as described there, subject to applicable law.

8) Communications; SMS Terms

• By providing a phone number or email, you consent to receive transactional and marketing messages from us and our clients. Message and data rates may apply.
• You may opt out of marketing SMS at any time by replying STOP; for help, reply HELP. Opting out of marketing does not affect transactional or service messages.

9) Intellectual Property

The Services, including software, designs, and content, are owned by us or our licensors and are protected by intellectual property laws. Except for limited rights to access and use the Services, no rights are transferred to you.

10) Third-Party Services

We may integrate with third-party services (e.g., Stripe, SendGrid, email/SMS providers). Your use of third-party services is governed by their terms and privacy policies.

11) Promotional Programs and Member Benefits

PuffPass may offer promotional programs, member rewards, loyalty incentives, and other benefit programs ("Promotional Programs") to eligible participants from time to time. Participation in any Promotional Program is subject to applicable program rules and these Terms. By participating, you acknowledge and agree:

• Promotional Programs may include periodic drawings, rewards distributions, or other benefit allocations based on membership status, engagement, or other criteria determined by PREMES LLC in its sole discretion.
• No purchase is required to participate in any Promotional Program where prohibited by law. Alternative entry methods, where required, will be made available upon request.
• Benefits, rewards, or promotional credits ("Promotional Value") may be distributed through participating retail partners ("Merchants") and redeemed as store credit at designated locations.
• Recipients of Promotional Value are responsible for all applicable taxes. PREMES LLC or participating Merchants may issue tax documentation (including IRS Form 1099) for Promotional Value exceeding applicable thresholds.
• Promotional Value is non-transferable except as expressly permitted. Valid identification may be required for redemption.
• PREMES LLC reserves the right to modify, suspend, or discontinue any Promotional Program at any time without prior notice.

12) Merchant Terms and Platform Participation

If you are a retail business ("Merchant") using PuffPass services, you agree to the following additional terms governing your participation on the platform:

Platform Services. PREMES LLC provides software tools for subscription management, customer engagement, loyalty programs, and promotional services. Merchants are independent businesses and not employees, agents, or franchisees of PREMES LLC.

Payment Processing. Merchants authorize PREMES LLC and its payment processors to facilitate transactions, collect fees, and distribute funds in accordance with applicable merchant agreements and platform policies.

Promotional Program Participation. By joining the PuffPass platform, Merchants agree to participate in and honor all Promotional Programs operated by PREMES LLC. This includes:

• Redemption Obligations: When PREMES LLC transmits Promotional Value payments to a Merchant on behalf of a program recipient, Merchant shall honor such Promotional Value by permitting the designated recipient to apply the full transmitted amount as store credit toward merchandise at Merchant's location. Redemption must be honored within ninety (90) days of recipient notification unless otherwise specified.
• Recipient Verification: Merchants shall verify recipient identity prior to Promotional Value redemption using information provided by PREMES LLC, including but not limited to name, email address, and any verification codes or documentation.
• Compliance and Recordkeeping: Merchants shall maintain accurate records of all Promotional Value redemptions for a minimum of three (3) years and shall provide such records to PREMES LLC upon reasonable request.
• Breach and Remedies: Failure to honor Promotional Value obligations constitutes a material breach of these Terms. In the event of breach, PREMES LLC may, in its sole discretion: (a) immediately suspend or terminate Merchant's platform access; (b) pursue recovery of transmitted funds plus applicable damages and costs; (c) seek injunctive or other equitable relief; and (d) report violations to applicable regulatory authorities.
• Transfer of Liability: Upon transmission of Promotional Value payment to Merchant, PREMES LLC's fulfillment obligation is complete. Merchant assumes sole responsibility for recipient redemption and any claims arising therefrom.

Indemnification. Merchants shall indemnify, defend, and hold harmless PREMES LLC, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Merchant's failure to honor Promotional Value or comply with these Terms; (b) Merchant's products, services, or business operations; (c) any dispute between Merchant and its customers; or (d) Merchant's violation of applicable law.

13) Disclaimers

14) Limitation of Liability

15) Indemnification

You will defend, indemnify, and hold harmless us and our affiliates from any claim, loss, liability, and expense (including reasonable attorneys' fees) arising out of or related to your use of the Services, your User Content, or your violation of these Terms or applicable law.

16) Arbitration; Class Action Waiver

Binding Arbitration. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. You and we waive the right to a trial by jury.

Class Action Waiver. Disputes must be brought only in an individual capacity; not as a plaintiff or class member in any class or representative proceeding.

Small Claims. Either party may bring an individual action in small claims court.

Opt-Out. You may opt out of arbitration within 30 days of first agreeing to these Terms by emailing support@premes.org with subject "Arbitration Opt-Out."

17) Governing Law; Venue

These Terms are governed by the laws of the State of Nebraska (without regard to its conflicts of laws rules), except where preempted by federal or other applicable law. Subject to the arbitration provision, exclusive jurisdiction and venue lie in the state and federal courts located in Lancaster County, Nebraska.

18) Suspension; Termination

We may suspend or terminate access to the Services at any time with or without cause or notice. Upon termination, sections intended to survive (including 6–17) will survive.

19) Changes

We may modify these Terms at any time. Material changes will be posted with an updated "Effective" date. Continued use after changes means you accept the revised Terms.

20) Contact

Questions? Email support@premes.org or write to: PREMES LLC, Lincoln, Nebraska.

© 2025 PREMES LLC d/b/a PuffPass. All rights reserved.