Pushcard

Legal

Terms of Service

The terms and conditions that govern your use of Pushcard.

Updated Oct 2025

Terms and Conditions

Last updated: January 19, 2026

Please read these terms and conditions carefully before using the Pushcard Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Account means a unique account created for you to access our Service or parts of our Service as a business user.

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Pixel Framers LLC, 2003 Atlantic Ave, Manasquan, NJ 08736.

  • Country refers to: New Jersey, United States

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Digital Wallet Pass means a pass stored in Apple Wallet or Google Wallet that you create through our Service to communicate with your customers.

  • Pass Holder means an end user who has added a Digital Wallet Pass created through our Service to their mobile device.

  • Push Notification means a message sent to Pass Holders through their Digital Wallet Pass.

  • Service refers to the Pushcard platform, including the website, dashboard, APIs, integrations, and Digital Wallet Pass functionality.

  • Subscription refers to the recurring payment plan you select to access the Service’s features.

  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.

  • Third-party Integration means any services or platforms (such as Shopify, Square, or Clover) that connect with the Service.

  • Website refers to Pushcard, accessible from pushcard.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Service and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.

Service Description

Pushcard provides a platform that enables businesses to create and manage Digital Wallet Passes for Apple Wallet and Google Wallet. Through these passes, you can:

  • Enroll customers in loyalty, VIP, and engagement programs
  • Send push notifications directly to customers’ mobile devices
  • Display dynamic content and offers on passes
  • Trigger location-based notifications when customers are near your business
  • Integrate with third-party platforms such as Shopify, Square, and Clover

Account Registration and Responsibilities

To use certain features of the Service, you must register for an Account. When you register, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your Account information
  • Maintain the security of your Account credentials
  • Accept responsibility for all activities that occur under your Account
  • Notify us immediately of any unauthorized use of your Account

You are responsible for all content transmitted through the Service using your Account, including but not limited to pass designs, push notification content, and any data you collect from Pass Holders.

Acceptable Use

You agree not to use the Service to:

  • Send spam, unsolicited messages, or excessive notifications that may annoy or harass Pass Holders
  • Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
  • Violate any applicable local, state, national, or international law or regulation
  • Collect or store personal data about Pass Holders in violation of applicable privacy laws
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Use the Service for any illegal or unauthorized purpose
  • Resell, sublicense, or provide access to the Service to third parties without our written consent

We reserve the right to suspend or terminate your Account if we determine, in our sole discretion, that you have violated these acceptable use provisions.

Prohibited Business Types

The Service may not be used by businesses engaged in certain high-risk or prohibited activities. By using the Service, you represent and warrant that your business does not fall into any of the following categories:

  • Adult Content and Services: Pornography, adult entertainment, escort services, or sexually explicit content
  • Gambling and Betting: Online gambling, sports betting, casinos, lotteries, or fantasy sports with cash prizes (unless properly licensed and approved)
  • Illegal Substances: Sale or promotion of illegal drugs, controlled substances, or drug paraphernalia
  • Weapons and Ammunition: Firearms, explosives, ammunition, or weapons of any kind
  • Tobacco and Vaping: Cigarettes, cigars, e-cigarettes, vaping products, or related accessories
  • Counterfeit or Infringing Goods: Fake, replica, or counterfeit products, or goods that infringe on intellectual property rights
  • Multi-Level Marketing: Pyramid schemes, multi-level marketing (MLM), or network marketing businesses
  • Hate Groups and Discrimination: Organizations or businesses that promote hate, violence, discrimination, or harassment based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
  • Deceptive Practices: Businesses engaged in fraud, scams, phishing, or other deceptive practices
  • Unregulated Financial Services: Unlicensed money transmission, payday lending, debt collection, or cryptocurrency services (unless properly licensed and approved)
  • High-Risk Pharmaceuticals: Sale of prescription medications without proper licensing, or unapproved health products making false claims
  • Any Illegal Activity: Any business activity that violates applicable local, state, federal, or international laws

We reserve the right, in our sole discretion, to determine whether your business falls within a prohibited category. This determination may be made at any time, including after you have created an Account or begun using the Service.

If we determine that your business is engaged in prohibited activities or otherwise does not comply with our acceptable business types, we may immediately:

  • Suspend or terminate your Account without prior notice
  • Deactivate all Digital Wallet Passes associated with your Account
  • Report your activities to appropriate authorities if we believe illegal activity is involved

Our decision to suspend or terminate an Account under this section is final. You agree not to create a new Account or attempt to use the Service through any other means if your Account has been terminated under this section.

Subscriptions and Payments

Free Tier

The Service offers a free tier that includes up to 1,000 Pass Holders. The free tier includes basic functionality with Pushcard branding on passes.

Paid subscriptions are available for businesses requiring additional Pass Holders or features:

  • Plus Plan: Up to 5,000 Pass Holders
  • Pro Plan: Up to 25,000 Pass Holders
  • Custom Plans: Available for businesses with more than 25,000 Pass Holders

Paid plans include additional features such as automation triggers, removal of Pushcard branding, and additional geolocation capabilities.

Billing

  • Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan
  • Annual subscriptions are offered at a discounted rate
  • All fees are non-refundable except as required by law or as explicitly stated in these Terms
  • You are responsible for all applicable taxes

Plan Changes and Cancellation

  • You may upgrade or downgrade your plan at any time through your Account dashboard
  • Downgrades take effect at the end of your current billing period
  • If you cancel your subscription, you may continue to use the Service until the end of your current billing period
  • Upon cancellation or downgrade below your current Pass Holder count, passes exceeding your plan limit may be deactivated

Intellectual Property

Our Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Pixel Framers LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Your Content

You retain ownership of any content you create using the Service, including pass designs, branding, and notification content. By using the Service, you grant us a limited license to use, store, and display your content solely for the purpose of providing the Service to you.

Pass Holder Data

Any data collected from Pass Holders through passes you create belongs to you. You are responsible for handling such data in compliance with applicable privacy laws and your own privacy policy.

Third-Party Integrations

The Service may integrate with third-party platforms such as Shopify, Square, Clover, and others. Your use of these integrations is subject to the terms and conditions of those third-party services. We are not responsible for the availability, accuracy, or content of third-party services, and your use of such services is at your own risk.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Upon termination:

  • Your right to use the Service will cease immediately
  • All Digital Wallet Passes created through your Account may be deactivated
  • We may delete your Account and all associated data after a reasonable retention period
  • You remain responsible for any fees incurred prior to termination

You may terminate your Account at any time by contacting us or through your Account settings.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service during the twelve (12) months preceding the claim, or $100 USD if you haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

”AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including but not limited to any content you transmit through the Service.

Governing Law

The laws of the State of New Jersey, United States, excluding its conflicts of law rules, shall govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting us at legal@pushcard.com. If the dispute cannot be resolved informally, both parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Monmouth County, New Jersey.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

  • By email: legal@pushcard.com
  • By mail: Pixel Framers LLC, 2003 Atlantic Ave, Manasquan, NJ 08736