Voluum Tracker Loyalty Program: Terms & Conditions of Participation

Last Updated: 15.12.2023

1. Introduction

1.1. These Terms and Conditions govern the Client’s participation in Voluum Loyalty Program, which allows to earn loyalty points that can be exchanged to rewards offered by Voluum or external partners.

1.2. The promoter of Voluum Loyalty Program (“Loyalty Program”) is Commerce Media Tech sp. z o.o., with a registered office at ul. Lubicz 17G, 31-503 Kraków, Poland, incorporated under the laws of Poland and registered in the companies register of the National Court Register held by District Court for Krakow – Srodmiescie in Cracow XI Commercial Division (Sąd Rejonowy dla Krakowa – Śródmieścia w Krakowie XI Wydział Gospodarczy), under the number: KRS 0000830352, EU VAT ID: PL5272922087 and the share capital in the amount of 5.000 PLN (“Voluum”).

1.3. In matters not covered by these Terms and Conditions of Participation, Voluum Platform’s Terms and Conditions available here: https://voluum.com/terms-and-conditions/, shall apply. Also words written with a capital letter in this document and not explained otherwise, have the meaning indicated in the Voluum Platform’s Terms and Conditions.

1.4. Terms and Conditions of Participation in Loyalty Program shall enter into force on February, 10th 2021.

2. Glossary

2.1. Client – a party who submitted an application to become a Voluum user, accepted Voluum Platform’s Terms and Conditions and has an valid account on the Voluum Platform.

2.2. Sole trader – a natural person who performs a legal transaction with an entrepreneur/a company directly related to their business activity, where the content of such transaction indicates that it does not have professional nature for this person, based on the object of their business activity.

2.3. Voluum Platform – proprietary web application for measuring web traffic and reporting, which is hosted on Voluum’s servers and made available to the Clients through the Voluum Website.

2.4. Voluum Website – the website in the domain: https://voluum.com/ as well as all of its subpages.

3. Program Enrollment

3.1. Participation in the Loyalty Program is limited to the Clients. The Loyalty Program is conducted without territorial restrictions.

3.2. Clients may enroll in the Loyalty Program by agreeing to participate in it at any time during its term. For the existing Client a relevant pop-up to join and loyalty points counter from the Loyalty Program are located in the Client’s panel in the Voluum Platform. New Clients may join the Loyalty Program during the registration or via the loyalty points counter in the Client’s panel in the Voluum Platform. Voluum reserves the right to change the methods of confirming participation, especially Voluum can make it possible to join by email in response to correspondence sent by Voluum. By joining the Loyalty Program, the Client declares that it has read these Terms and Conditions of Participation and agrees to follow their provisions, as well as declares that it meets all conditions entitling it to participate in the Loyalty Program.

4. How the Program Works

4.1 The main aim of the Loyalty Program is to reward Clients for their continued subscription to Voluum Platform. Additional goals of the Loyal Program include activating Clients in-product via “Gamification initiatives” and promoting services and products from Voluum and its partners. Promotions are aimed at current and future clients.

4.2. On the day of the Loyalty Program’s entry into force, the existing Client, who has a valid account in the Voluum Platform, will get 100-120 loyalty points for each already paid Billing Cycle, but no more than 480 loyalty points in total at the start of the Loyalty Program. The number of points will depend on Client’s Subscription:

up to $349 MRR + monthly Plan – 100 points/month
up to $349 MRR + annual Plan – 105 points/month
350-$799 MRR + monthly Plan – 105 points/month
350-$799 MRR + annual Plan – 110 points/month
more than $799 + monthly Plan – 110 points/month
more than $799 + annual Plan – 120 points/month

4.3. After joining the Loyalty Program, the Client gets 100-110 loyalty points for every paid Billing Cycle if he’s on a monthly Subscription and 105-120 loyalty points for each paid Billing Cycle if he’s on an annual Subscription according to assumptions presented in clause 4.2. The Client may get more points in a given month if Client participates in the “Gamification initiatives”. “Gamification initiatives”, or shortly “Gamification” is a general term for the initiatives that aim at Client activation in Voluum Platform such as creating more campaigns, tracking more events, integrating traffic sources, etc. Each Gamification activity will be presented in detail to Clients for specific initiatives including information about loyalty points that can be granted, what actions will be rewarded, in what timeline/deadline, etc.

Before joining the Loyalty Program all points owed may be visible in the loyalty points counter in the Client’s panel as mentioned in clause 4.4., but they can only be used after agreeing to participate in the Loyalty Program.

4.4. The Client’s collected loyalty points are visible in the loyalty points counter in the Client’s panel.

4.5. The Client can exchange collected loyalty points to rewards described in the catalogue on the external landing page available at: https://voluum.com/loyalty-program/ (“Catalogue”), which is also linked in the loyalty points section featured in the Client’s panel. The Client receives the reward within 3 working days of the exchange being made unless otherwise stated for a particular reward.

4.6. Collected loyalty points can be exchanged for the rewards available each time in the Catalog. In order to collect the reward, the Client has to click on the chosen reward and therefore a ticket to Voluum’s Customer Support Team is sent. Voluum’s Customer Support Team applies the reward to the Client’s account (unless otherwise stated for a particular reward) and Client’s loyalty points are reduced by the cost of that reward.

4.7. The rewards and their loyalty points values are valid only for the time indicated in the Catalogue.

4.8. Voluum reserves the right to change, delete or add new rewards in the Catalogue as well as to modify their loyalty points values after the expiry of the presented ones. Moreover, Voluum may suspend offering a reward or withdraw the reward from the Catalogue at any time for the following important reasons:

a) if it is necessary to protect the safety of the Clients or other people and to prevent abuse (e.g. if an external reward turns out to be a dangerous product);

b) if such an obligation arises from legal provisions;

c) if offering a given reward may harm the good name of Voluum or a third party.

In the situation referred to in the preceding sentence, the suspension of offering a reward or its withdrawal will be announced in the Catalogue immediately after Voluum becomes aware of the reason justifying the suspension or withdrawal of that reward.

4.9. Rewards selected by the Client cannot be exchanged back into loyalty points.

4.10. Loyalty points are not exchangeable for money. The Client cannot also transfer the right to receiving the reward to another Client, person or entity.

4.11. Collected loyalty points are connected with the Client’s account on Voluum Platform and cannot be transferred to another Client. If the Client has more than one account on the Voluum Platform, the points do not add up.

4.12. Termination of the continuity of Subscription shall result in a loss of all previously collected loyalty points.

5. Term and Termination

5.1. The Program starts on February, 10th 2021 and continues for an indefinite period.

5.2. Voluum reserves the right to suspend or terminate the Loyalty Program at any time, but this will not affect loyalty points earned before the termination or suspension of the Loyalty Program.

5.3. In the event of suspension or termination of the Loyalty Program, Voluum will inform participating Clients of such an event with adequate notice in the Client’s Panel, via email and/or on the Voluum Website. Within the period indicated by Voluum, but not shorter than 3 months, the Client may use the collected loyalty points. After the end of this period indicated in the preceding sentence, the loyalty points are deleted.

5.4. Voluum may terminate, alter, limit, suspend or modify Loyalty Program and its Terms and Conditions of Participation at any time for the following important reasons and to the extent resulting from an important reason justifying the change:

a) changes to the law or issuing a ruling by an authorized body requiring an appropriate amendment in the Loyalty Program – to the extent necessary for this;

b) the need to ensure safe operation of the Loyalty Program and to prevent abuse – to the extent necessary for this;

c) the need to protect the legitimate interests of the Clients who participate in Loyalty Program – to the extent necessary for this;

d) introducing new or expanding the existing functionalities of the Loyalty Program or Voluum’s services in Voluum Platform – to the extent necessary for this;

e) the possibility of offering the Clients more favorable conditions for participation in the Loyalty Program – to the extent necessary for this.

5.5. Any change of provisions of the Loyalty Program will take effect after 14 days from the date the Client has been informed of such modification via email sent on their email address provided in the Client’s panel in the Voluum Platform. If the Client does not accept the changes, it always has the right to opt out from the Loyalty Program by contacting Voluum’s Customer Support Team via email [email protected], which also means the loss of all collected loyalty points. Second and third sentence of the section 5.3. shall apply accordingly.

5.6. Voluum reserves the right to make editorial or ordering changes to the Loyalty Program and its Terms and Conditions of Participation without providing the Client with prior notification, provided that these changes does not affect the Client in a negative way. The latest version of the Terms and Conditions of Participation is always available on Voluum Website: https://voluum.com/loyalty-program/terms-and-conditions/.

5.7. Notwithstanding the provisions above, the Client can opt out from the Loyalty Program at any time by contacting Voluum’s Customer Support Team via email [email protected]. Such resignation results in the immediate loss of all collected loyalty points.

5.8. Any suspected abuse of the Loyalty Program, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and Conditions of Participation or Voluum Platform’s Terms and Conditions or any activity detrimental to Voluum or its interests, including without limitation, any suspected illegal, fraudulent or other unauthorized use of any Loyalty Program’s loyalty points and rewards, may result in the termination of the Clients participation in the Loyalty Program, and loss of all collected loyalty points and rewards, as well as ineligibility from further participation in the Loyalty Program. Furthermore, if Voluum suspects illegal activity, fraud, misrepresentation, abuse or violation of these Terms and Conditions of Participation, Voluum has the right to take appropriate legal actions at any moment at its sole discretion.

6. Complaint Procedure

6.1. Any complaints related to the participation in the Loyalty Program can be submitted to the following email address: [email protected]. It is recommended to send complaints from the email address of the Client provided in Voluum Platform.

6.2. Letter of complaint should provide at least the following information: Client’s company name, login – the address email provided in the Voluum Platform as well as the reason for the complaint.

6.3. Complaints will be resolved within 14 days of receipt of the claim by the Voluum. Voluum’s resolution on the complaint is final.

7. Indemnification

7.1. The Client agrees to defend, indemnify and hold Voluum, its subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from the Client’s participation in the Loyalty Program or the Client’s breach of any of these Terms and Conditions of Participation.

8. Applicable law and jurisdiction

8.1. These Terms and Conditions of Participation shall be governed by the laws of Poland, without regards to any rules or principles on conflicts of laws.

8.2. Subject to the following sentence, any dispute, claim or controversy arising from or relating to these Terms and Conditions of Participation shall be resolved by the competent court for the registered seat of Voluum. Only in case of Sole traders aforementioned disputes, claims or controversies shall be resolved by the competent court according to provisions of the Polish Code of Civil Procedure.

9. Severability

9.1. The invalidity or unenforceability of individual contractual provisions shall not affect the validity of the remaining contractual provisions. In such case, the ineffective or unenforceable provision shall be replaced by the parties by an effective new provision.

10. Privacy

10.1. The personal information collected from the Client in connection with its participation in the Loyalty Program will be used and disclosed by Voluum in accordance with the following Voluum Privacy Policy: https://voluum.com/privacy-policy/.

11. Contact

11.1. If you have questions regarding the Loyalty Program, contact Voluum Customer Service via the following address email: [email protected].