Private Label Policy

This Private Label Policy (this “Policy”) describes the terms and conditions that apply if you have purchased a Service Plan from ONECUP LLC, which includes the option to “private label” the digital customer loyalty program services and other related services (the “Service”) offered by ONECUP LLC (“ONECUP LLC”). This Policy supplements, and is incorporated into, ONECUP LLC’s Subscription Agreement (currently published at https://www.onecup.cc/gdpr/subscription-agreement), and the Terms of Use for the Site (currently published at https://www.onecup.cc/gdpr/terms-of-use). If any provision in this Policy conflicts with a term in the Subscription Agreement or the Terms of Use, then the applicable provisions of the Subscription Agreement and the Terms of Use will prevail unless the term in this Policy specifically states that it will prevail.

If you violate this Policy, ONECUP LLC may suspend or terminate your use of the Service or access to the Site. ONECUP LLC’s right to suspend or terminate your use of the Service or Site applies even if a breach is committed unintentionally or without your authorization if ONECUP LLC believes that suspension or termination is necessary to ensure compliance with laws or to protect the rights, safety, privacy, security, or property of ONECUP LLC, its customers, or third parties.

ONECUP LLC may modify this Policy at any time by posting a revised version on the Site. By using the Service or accessing the Site, you agree to the latest version of this Policy.

1. Private Label Option

If the Service Plan you purchased includes the “private label” option, you are entitled to private label and market the Service (the “Branded Service”) to your own clients under your trade name and/or trade dress. This includes the ability to operate the Branded Service through your own domain name and to create sub-accounts for your clients specifically for the use of the Branded Service.

2. Ownership

Notwithstanding anything to the contrary herein:
(a) You own all rights, title, and interest in and to your trademarks, trade names, trade dress, and logos utilized in connection with the Branded Service.
(b) ONECUP LLC owns all rights, title, and interest in and to the Service, including all associated intellectual property rights. Except for the rights expressly granted by one Party to the other under this Policy, all rights are reserved by the granting Party.

3. Privacy Policy

The Branded Service shall be subject to ONECUP LLC’s standard Privacy Policy, available at https://www.onecup.cc/gdpr/privacy-policy, which outlines ONECUP LLC’s data collection, usage, and disclosure practices.

Since you are operating the Branded Service under your trade name, you are responsible for ensuring your Privacy Policy aligns in all material respects with ONECUP LLC’s Privacy Policy to maintain user trust and comply with applicable regulations.

4. Indemnification

You agree to defend, indemnify, and hold harmless ONECUP LLC and its employees, contractors, agents, officers, and directors from and against any claims, damages, losses, liabilities, or expenses (including attorney’s fees) arising from:
(a) Any improper use or disclosure of personal data in connection with your operation of the Branded Service.
(b) Any third-party claims arising from your use of the Branded Service under your trade name.

5. Fees and Payment

Your Service Plan fee covers all costs associated with operating the Branded Service. No additional revenue-sharing or "Revenue Fraction" fees are required under this Policy unless explicitly agreed upon in writing.

You may set your own prices and currencies for the Branded Service. Any payment processing required for your clients is your responsibility and must comply with applicable payment laws and regulations.

6. Modification and Termination

ONECUP LLC reserves the right to modify or terminate this Policy or the Branded Service if necessary to comply with applicable laws or ensure the safety and security of its systems and customers. Notice of such changes will be posted on the Site.