Perkee LLC | info@perkeepay.com
This agreement governs the Merchant’s participation in Perkee, the universal Perks system, offers and Perkee Checkout. It applies to free and paid plans and to the Merchant’s authorized users.
Principal terms
Checkout: a 1.50% fee on the total amount processed per transaction. It applies during the pilot and is not returned when a correctly processed purchase is refunded.
Perks: all active merchants must accept them within their validly configured limits. Current values and minimum requirements appear in program rules and tools.
Wallet and funds: Checkout is non-custodial. Perkee does not hold funds in custody or have access to private keys. The Merchant is responsible for its wallet, keys, address and authorizations.
Liability: the agreement excludes certain losses and caps Perkee’s aggregate liability at the total fees paid by the Merchant, to the extent permitted by law.
Cancellation: stops the next renewal; a paid plan remains active through the end of its period, without proration. If Perkee terminates without cause or the Merchant departs early because of material changes, the unused portion of its prepaid subscription is refunded proportionally.
This summary aids reading; the complete terms below determine their scope.
1 Parties, acceptance and related documents
1.1 Acceptance. This agreement is between Perkee LLC, referred to as “Perkee,” and the business identified during registration, referred to as the “Merchant.” It takes effect through the checkbox, button, electronic signature or other affirmative mechanism presented when contracting. That same acceptance incorporates the Perkee Perks Program Rules and Annex A, available together with this agreement before acceptance. The accepting person represents that they have authority to bind the Merchant. The Merchant will retain a copy of the accepted versions.
1.2 Related documents and precedence. The Perkee Terms of Use and the Perkee Perks Program Rules, including Annex A, identified and available upon acceptance supplement this agreement. In a conflict, a specific agreement signed by both parties prevails, followed by this agreement for Merchant obligations. The Perks Rules and annex govern earning and redemption; the Terms of Use govern consumer access, Checkout, liability and disputes. The Perkee Privacy Policy governs personal data processing. Operational screens specify transaction conditions without silently amending these documents.
2 Platform and Checkout experience
2.1 Service. Perkee is a technology company offering merchant discovery, offers, loyalty, analytics and a non-custodial Checkout to facilitate wallet-to-wallet payments. It does not replace the Merchant as seller or guarantee customers, revenue or commercial results.
2.2 Flow. Perkee generates a QR code that the consumer scans to access Checkout, where the Merchant’s receiving wallet is configured. The consumer may apply Perks, accept offers and add tips according to enabled features, and authorize a USDC payment with their wallet. The Merchant remains responsible for its sale and receiving configuration.
3 Account and authorized users
3.1 Information. The Merchant will keep its identity, representatives and contact details accurate and current. Perkee may request information needed to verify authority, enable features, address incidents or comply with law.
3.2 Security. The Merchant manages permissions, protects credentials and revokes access for employees and other authorized users. It is responsible for their instructions and authorized actions and will report suspicious access or unauthorized changes. Suspending a Perkee account does not block an external wallet or stop an authorized transfer.
4 Pilot, plans and subscriptions
4.1 Pilot. During the communicated introductory period, all participants access enabled features without a subscription charge. The Checkout fee applies. Initial access does not guarantee that all features will remain free or available indefinitely.
4.2 Plans. A limited free version and optional subscription plans will follow, all under this agreement and with the same Perks obligations. Price, period, payment and renewal conditions will be displayed before purchase. The pilot will not become a paid subscription without express acceptance. Subscribing does not, by itself, authorize a wallet debit.
5 Fees and other charges
5.1 Checkout. The Perkee Checkout fee is 1.50% of the total amount processed per transaction. It is calculated and separated during the transaction; the remainder goes to the configured wallet. Rounding follows the asset’s precision and the service’s calculation. This rate applies to all plans and during the pilot while in effect.
5.2 Refunds and costs. The fee for a completed transaction is not returned when the purchase is refunded, unless legally required. Perkee may correct its erroneous or duplicate charges. Conversion, withdrawals, exchange differences and third-party costs are separate; any additional direct Perkee charge will be displayed before authorization. Gas is governed by section 13.
5.3 ATH Business. Payments made through ATH Business, for which Perkee receives only a webhook notification, carry no Perkee Checkout fee. Provider charges and any Merchant subscription are separate.
6 Universal Perks system
6.1 Participation. Perks allows consumers to earn points for eligible activities, discover offers and redeem benefits across the network. It is a customer acquisition and loyalty tool. Every active Merchant must accept Perks within its validly configured limits and may not disable acceptance or restrict it based on where the points were earned.
6.2 Parameters and changes. The Perkee Perks Program Rules and Annex A contain current general parameters and the reference equivalence. That equivalence does not set the value of each offer or turn Perks into money. Applicable minimums and requirements will be available in program rules and tools before participation is activated. The Merchant accepts those parameters upon joining; this agreement does not fix permanent amounts. If a change increases a mandatory minimum benefit or the economic burden of redemption, Perkee will communicate its terms and effective date with reasonable advance notice and allow departure before it applies, without requiring completion of the subscription period, with the refund provided in section 23. Perkee will not silently increase Merchant-configured limits or change confirmed redemptions.
6.3 Offers and limits. The Merchant sets its discounts, products, special services or other benefits and the number of Perks required to obtain them, subject to program requirements, and honors accepted offers. Tools may include percentage or monetary caps, minimum purchases, validity periods and budgets; where percentage and monetary caps both apply, the lower governs. Conditions must appear before redemption. Special offers, their Perks requirements and limits or budgets do not replace or reduce general mandatory acceptance under valid program limits and requirements.
6.4 Nature. Perks are promotional points, not money, USDC or a right to withdraw cash. Issuance does not require depositing funds. Perkee may adjust records for errors, duplicates, fraud or refunds. The Merchant will cooperate with these reviews and will not manipulate points or transactions.
7 Sales, taxes and customer service
7.1 Obligations. The Merchant is responsible for products, services, prices, permits, inventory, delivery, quality, advertising, offers and customer service. It will comply with consumer protection rules and refund obligations. Its content must not be misleading or infringe third-party rights.
7.2 Taxes. The Merchant determines, reports and pays its taxes and retains required records. Perkee calculations and reports do not replace its tax verification.
8 Voluntary ATH Business connection
8.1 Configuration. The Merchant chooses to connect its account and configures the webhook using dashboard and provider instructions. Perkee does not configure it on the Merchant’s behalf or request, use or store ATH Business API keys or credentials. The Merchant protects the webhook URL and authentication elements and may stop transmission through the provider or disable the integration.
8.2 Authorization and data. By connecting, the Merchant authorizes event transmission to identify member payments, credit Perks, prevent duplicates, address refunds and maintain related records. Events may include name, phone, email, date, amount, reference and status. The Merchant represents that it has authority and complies with applicable notices and authorizations; its authorization does not replace consumer rights.
8.3 Non-members and scope. Perkee initially compares data with linked accounts. If a notification does not match a linked Perkee account, it discards the payer’s personal information. Authentication and fraud controls apply. Perkee is independent of ATH Business and Evertec; the connection does not imply affiliation, endorsement or changes to agreements with those providers.
8.4 Authorized forwarding. If the feature is enabled and the Merchant registers its own event receiver, it authorizes Perkee to forward received notifications, including their original data, only to that receiver. The Merchant represents that it has authority to use it and is responsible for its configuration, security and data processing under applicable obligations. It must keep the receiver current and stop forwarding when it is no longer authorized. This does not eliminate Perkee’s own legal obligations or its responsibility for transmission errors attributable to it.
9 Polygon, USDC and compatibility
9.1 Network and asset. Checkout uses USDC on the Polygon network (Polygon PoS), according to the supported configuration. Polygon is a blockchain network where transfers are executed and recorded. USDC is a digital asset issued by Circle and designed to maintain a reference to the US dollar. Perkee does not issue it or guarantee its value or conversion; it is not a bank deposit with Perkee.
9.2 Compatibility. Only the supported network and asset should be used. Native USDC, USDC.e and other versions or assets on different networks are not equivalent merely because they share a name. The Merchant must verify address and provider compatibility before receiving or transferring funds.
10 Wallet, keys and absence of custody
10.1 No custody. Perkee does not hold consumer or merchant funds in custody, has no access to their private keys or recovery phrases and will never request them. Checkout facilitates user-authorized transfers through wallets and smart contracts; Perkee receives only its applicable charges. It does not hold purchase amounts as a Merchant balance deposited with Perkee.
10.2 Holder responsibility. The wallet, keys, credentials, backups, recovery and permissions are the Merchant’s responsibility, including when connected or created through an integrated interface. It must legitimately control the receiving wallet and protect access, devices and QR codes. It must never send keys or phrases to support. Perkee is not responsible for lost access, phishing, malware, impersonation, compromised devices or misuse by authorized persons when not attributable to Perkee, and has no obligation to recover or replace those funds.
11 Addresses and authorizations
11.1 Configuration. The Merchant verifies its receiving address and every change, its control and token, network and provider compatibility. Format validation does not establish ownership or guarantee provider acceptance of a deposit.
11.2 Permissions. Before signing, its users will review amount, recipient, network, asset, charges and permissions. An approval may permit a contract to use tokens within its authorized scope. The Merchant is responsible for its authorizations; technical audits or checks do not guarantee freedom from errors or recovery of funds.
12 Confirmation and lost funds
12.1 Payment status. The Merchant will verify payment confirmation before delivering goods or repeating a charge. A request or provisional record may be pending, fail or expire. Correcting the status displayed in Perkee does not cancel or reverse an executed transfer.
12.2 Transfers. Confirmed transfers are generally irreversible. Address, network, token, amount or permission errors can cause permanent loss. Perkee has no obligation to replace or reimburse funds lost through Merchant errors or external causes not attributable to Perkee. Incident assistance does not imply a recovery guarantee or admission of liability. Section 20’s legal exceptions apply.
13 Gas and conversion services
13.1 Gas. Perkee may, at its discretion, pay or sponsor all or part of the network cost or “gas” for certain Checkout transactions. It is not obligated to offer or maintain that coverage and may introduce, change, limit or discontinue it at any time without advance notice, unless legally required. If a transaction requires the user to bear a cost, it will be displayed before authorization. Coverage does not automatically extend to external transfers, withdrawals, refunds or other operations; a failed attempt may incur network costs.
13.2 Conversion. Buying assets with traditional money or converting them and withdrawing to a bank—on-ramp and off-ramp—depends on the selected provider and its identity, compatibility, cost and timing requirements. Perkee does not guarantee account opening, deposits, withdrawals, exchange rates or liquidity and is not responsible for third-party holds, insolvency or failures not attributable to Perkee. An integration is not a provider guarantee.
14 Refunds and purchase claims
14.1 Execution. The Merchant handles its claims and funds required refunds. Returning USDC is a separate transaction that may require funds, a signature and gas. It must verify recipient, network and amount and prevent duplicates. Requesting or recording a refund does not, by itself, establish execution.
14.2 Rights. Technical tool limits and the absence of card chargebacks do not eliminate legal obligations. The Merchant will resolve any required refund through a lawful method. Perkee may provide records and adjust Perks without replacing the seller, funding the refund or returning its fee.
15 Known and unknown risks
15.1 Risks. Wallets, smart contracts and digital assets may experience attacks, vulnerabilities, congestion, network reorganizations, integration or provider failures, protocol changes and legal or issuer restrictions. Transactions may be delayed, and access or funds may be lost. USDC may trade above or below one dollar; Perkee does not guarantee price, reserves, liquidity or deposit insurance and does not offer an investment or yield for holding it.
15.2 Acceptance. These risks are not exhaustive: unknown or unforeseeable risks may arise, including from technological, legal or market changes. The Merchant assesses its capacity and uses the service at its own risk, to the extent permitted by law. This acceptance does not exclude Perkee’s legally non-waivable responsibilities.
16 Data and privacy
16.1 Authorized use. The Merchant may access, use, retain or export only data it is entitled to process. Participation does not grant access to Perkee’s user database or other merchants’ information. It will protect exports and comply with marketing requirements; it will not sell data or use it for unauthorized purposes. Perkee will process data under its Privacy Policy and may retain legally necessary records after closure.
16.2 Public blockchain. Addresses, amounts and blockchain records may be public and persistent. Deleting information from Perkee does not remove those records or guarantee anonymity. Unnecessary personal data or secrets must not be entered in public fields.
17 Intellectual property and confidentiality
17.1 Content and platform. The Merchant retains its content and grants Perkee a nonexclusive, royalty-free license to host it, adapt it technically and present the Merchant and its offers during participation. It represents that it has the necessary rights. Promotion as an active merchant ends upon departure without deleting legitimate historical records. Perkee and its licensors retain the platform, software and marks; permission to use them is limited to authorized features.
17.2 Confidentiality. Each party will protect the other’s nonpublic information and use it only for this relationship, sharing it with those who need to know under appropriate duties. Exceptions include public information, information lawfully obtained elsewhere, independently developed information and legally required disclosures.
18 Permitted use and compliance
18.1 Prohibitions. Fraud, fictitious transactions, Perks manipulation, unauthorized access or wallets, unlawful offers, infringing content, malicious code, control evasion, money laundering and sanctions-prohibited activities are forbidden.
18.2 Compliance. The Merchant will comply with laws and third-party conditions applicable to its business. Perkee may request clarification, preserve evidence and comply with legal orders. This agreement does not authorize activities requiring permits not obtained.
19 Availability and force majeure
19.1 Service. Features may change or be interrupted by maintenance, errors or external dependencies. Unless expressly agreed, Perkee does not guarantee continuous operation, universal compatibility, permanently accurate reports or results. To the extent permitted by law, the service is provided without implied warranties of merchantability or fitness for a particular purpose.
19.2 Force majeure. Neither party is responsible for failures caused by events beyond its reasonable control and not attributable to it, including disasters, general communication failures and governmental orders. It will take reasonable mitigation measures; this does not eliminate accrued charges or earlier breaches.
20 Limitation of liability
20.1 Exclusions. To the maximum extent permitted by law, Perkee is not liable for indirect, special, incidental, consequential or punitive damages or lost profits, opportunities or reputation. Asset losses are not automatically indirect; they are assessed according to cause and applicable limits.
20.2 Aggregate cap. Perkee’s total cumulative liability related to this agreement or the service will not exceed the total fees actually paid by that Merchant to Perkee up to the first event giving rise to the claim or group of related claims. This includes subscriptions and commissions, not sales, taxes, wallet funds or third-party charges. The cap is not multiplied by claims, transactions, users or theories of liability.
20.3 Exceptions. These provisions do not exclude intentional wrongdoing (dolo) or rights or liabilities that the law prohibits limiting. They apply only to the extent permitted by law.
21 Indemnification
21.1 Third-party claims. To the extent permitted by law, the Merchant will indemnify and hold Perkee and its representatives harmless against third-party claims and reasonable defense costs, including attorneys’ fees, arising from its products, offers, content, breaches, misuse or data supplied without authority. Perkee will provide reasonably prompt notice of the claim. The obligation does not cover the portion attributable to Perkee or responsibilities that legally cannot be shifted.
22 Cancellation, suspension and termination
22.1 Voluntary cancellation. The Merchant may cancel through the enabled feature or info@perkeepay.com. The request stops the next renewal. A paid plan remains active through the contracted period, without proration or refund for remaining time, unless legally required. On a free plan, departure takes effect upon cancellation. Program obligations apply while active. Early departure following changes is governed by sections 6 and 23.
22.2 Perkee’s discretion. Perkee may suspend features or terminate a Merchant’s participation, the pilot or the service at any time, with or without cause, without advance notice and with immediate effect, to the extent permitted by law. If Perkee terminates without cause, it will refund the proportional prepaid subscription amount for the unused period from effective termination. Cause includes fraud, security risks, unlawful activity, nonpayment or breach of this agreement, among other grounds. Other legally applicable rights are preserved.
22.3 Effects. After effective departure, the Merchant has no obligation to accept new redemptions or fund outstanding Perks. Consumers retain their Perks for active merchants; cash conversion is not guaranteed if the program ends. Accrued charges and obligations from earlier sales remain. The Merchant may retain or export only data it is entitled to use. Closure does not transfer its wallet funds to Perkee. Confidentiality, data, liability, indemnification and dispute obligations concerning earlier events survive.
23 Changes and communications
23.1 Material changes. Perkee will communicate material changes by email or prominent account notice, stating their content and date with reasonable advance notice. The Merchant may depart before application without waiting for its period to end. If it exercises this early departure right, Perkee will refund the proportional prepaid subscription amount for the unused period from effective departure. Confirmed transactions will not be changed retroactively. Gas coverage changes follow section 13; urgent legally necessary or security adjustments may apply.
23.2 Acceptance and notices. Express acceptance will be requested when required by law; silence does not replace it. The Merchant will keep its email current. Agreement communications go to info@perkeepay.com, without keys or recovery phrases.
24 Governing law and courts
24.1 Jurisdiction. Puerto Rico law and applicable federal law govern. Disputes will be submitted to competent state or federal courts in Puerto Rico, subject to mandatory jurisdiction rules. Agency authority and non-waivable rights are preserved.
24.2 Direct resolution. When possible, the parties will notify disputes in writing and attempt good-faith resolution. This does not toll legal deadlines, require harmful delays or prevent urgent measures.
25 General provisions
25.1 Entire agreement. This agreement and its incorporated documents replace incompatible communications on its subject without eliminating valid specific commitments. Invalidity of one clause does not affect others that may lawfully survive. Failure to exercise a right immediately is not a waiver.
25.2 Relationship and assignment. No partnership, employment or agency is created. The Merchant may not assign without authorization; Perkee may assign in a reorganization or business transfer with notice and without evading legal obligations. Assignment does not transfer wallet keys or funds.
25.3 Language and contact. In discrepancies between versions, Spanish prevails unless validly agreed otherwise or legally required. Contact: Perkee LLC — info@perkeepay.com.