Merchant terms of service

These Terms of Service form a legally binding agreement between you (the business or “Merchant”) and Membber Ltd, a company being incorporated in England and Wales, which operates Membber. They govern your use of Membber — including the Membber web tools, the Business app, the customer app and App Clip, Wallet passes, mini-store and checkout, and related services (the “Service”).

By creating a Membber account, ticking the agreement box at signup, or using the Service, you accept these Terms. If you do not agree, do not use the Service.

Membber is a technology platform. Any loyalty rewards, memberships, classes, products and services you offer are provided by you to your customers; Membber is not a party to those transactions and is not responsible for them.

You must provide accurate, complete information and keep it up to date. You are responsible for your login credentials and for everything done under your account. You must comply with all laws that apply to your business, including consumer-protection and data-protection law, and you must honour the offers, memberships and rewards you sell to your customers.

Membber offers a free tier and paid plans, billed per location. The free tier provides a public business listing only — no loyalty features are exposed to customers until you set them up.

Paid plans unlock loyalty, Wallet passes, NFC, bookings, memberships, retention tools and more, as described on our pricing page. For local businesses these are the Core and Pro tiers; for gyms and studios these are the Gym Start, Gym Growth and Gym Pro tiers. The current plan names, prices, billing frequency and included features are set out on our pricing page and in the Business app, and those published inclusions form part of these Terms.

We may change plans, prices and inclusions for future billing periods on reasonable notice. Changes do not affect a billing period you have already paid for.

Paid plans are provided on a subscription basis. Plan fees are billed in advance on a recurring monthly or annual cycle and recur automatically until cancelled.

All payments are processed by Stripe. By saving a payment method, you authorise Membber and Stripe to charge it for your plan, any add-ons, applicable platform fees and any taxes due, and you agree to Stripe’s terms of service.

Separate from your plan subscription, Membber charges a platform fee on the member and customer transactions you process through the Service, for example membership billing, class packs, mini-store orders and other payments taken via the Service.

The rate depends on your plan. On any PAID plan, including every gym plan, it is 1.5%. On the FREE plan it is 3%, because a free store pays no monthly subscription and the higher margin is what it pays instead. Upgrading to a paid plan drops you to 1.5% from that point on.

This fee is Membber’s margin and is charged on top of Stripe’s standard payment-processing costs. It has no monthly cap. The fee is collected automatically when each transaction is processed, before funds settle to you, and is deducted from the amounts you collect through the Service.

The platform fee is not a charge to your customers and does not change the price they pay. We may change the platform-fee rate for future transactions on reasonable notice.

You may add optional paid add-ons to your account (for example Click & Collect). By purchasing an add-on you agree to its billing terms:

• Recurring add-ons are billed monthly as additional line items on the same subscription as your plan, and recur automatically until removed or your subscription ends.
• Proration: adding a recurring add-on part-way through a billing period charges a prorated amount for the remainder of that period; removing one part-way through credits your account on a prorated basis against future charges. Proration is calculated by Stripe based on the time left in the current period.
• One-off add-ons (for example a migration, setup or own-branded-app fee) are charged once at purchase and do not recur.
• Usage-based (metered) add-ons (for example SMS messaging) are billed in arrears based on your recorded usage during the billing period, at the published per-unit rate.
• Auto-renew and cancellation: recurring add-ons auto-renew with your subscription. You can remove an add-on at any time in the Business app; removal takes effect at the end of the current billing period unless we state otherwise, and the add-on stays available until then.
• No partial refunds: except where required by law or expressly stated, fees already paid for a plan, add-on or platform fee are non-refundable for partial periods or unused time. Removing an add-on stops future charges and applies any prorated credit, but does not refund amounts already charged.

If you buy the own-branded-app add-on, this section applies in addition to the add-on terms above. It sets out what we do, what you do, and what happens if the app is never published.

• What we do: we configure, build and submit an iOS app carrying your branding, and we look after its updates for as long as the add-on is active.
• Whose app it is: the app is published under YOUR Apple Developer account, in your business name, and you own it. You enrol in the Apple Developer Program yourself and pay Apple’s annual fee directly to Apple. We cannot publish it for you under our own account, and Apple’s rules do not allow us to.
• What we need from you: your Apple Developer enrolment, your app name and icon, and your approval of the finished app before it is submitted. We cannot start until you provide these, and we cannot submit until you approve.
• Timescales: we will contact you within two working days of purchase to begin. We do not give a date by which your app will be live, because publication depends on Apple’s account verification and App Review, which are outside our control and run to Apple’s timetable, not ours.
• If it is never published: if we are unable to publish your app and the reason is not something within your control, we will refund the one-time setup fee in full and stop the monthly charge. This is an exception to the no-partial-refunds rule above.
• If you cancel: the monthly charge stops at the end of the current billing period and we stop maintaining the app. The app itself, and the Apple account it sits in, remain yours.
• Apple’s decisions are Apple’s: Apple can reject or remove any app under its own guidelines. If that happens we will tell you why and work with you on changes, but we cannot guarantee Apple will approve any particular app.

Subscriptions (including their add-on line items) automatically renew at the end of each billing cycle unless cancelled. You can cancel at any time through the Business app or by contacting support. Cancellation takes effect at the end of the current billing period; your access to paid features continues until that paid-through date. No refunds are provided for partial subscription periods.

Stated prices may exclude VAT or other applicable taxes unless indicated. You are responsible for any taxes on your purchases and on the goods, services and memberships you sell to your customers through the Service.

If you sell food or drink through Membber, you do so as the food business. You are the seller. Membber provides the software and routes the payment, and is not a party to your sale, does not handle your food, and does not verify your premises.

You confirm, for as long as you sell through Membber, that:

• You are registered as a food business with your local authority, and registered at least 28 days before you began trading. This applies to a home kitchen, a market stall and a van in the same way it applies to a shop. Registration is free and cannot be refused.
• You meet the food safety and hygiene requirements that apply to you, you cooperate with your local authority, and you hold any licence, permission or insurance your business needs.
• You give accurate information about the 14 major allergens for everything you sell — before the customer buys, and again when they collect. You are responsible for the accuracy of every allergen declaration and description you enter into Membber.
• You label food correctly, including anything prepacked for direct sale.
• You answer customers who ask about ingredients or allergens, accurately and before they order.
• You handle, store and hand over food safely, and you sell only what is fit to eat.

Membber does not inspect kitchens, verify hygiene ratings, check registrations or approve recipes, and does not present itself to your customers as doing any of those things. Nothing Membber displays is a representation by Membber about the safety, quality or provenance of your food.

You are responsible to your customers for the food you sell them, including under the Consumer Rights Act 2015 and food safety law. You will deal with complaints, refunds and any incident concerning your food, and you will tell us promptly if a customer reports illness or an allergic reaction connected to an order placed through Membber.

If we become aware that you are not registered, or that you are trading in a way that puts customers at risk, we may suspend your drops. We are not obliged to monitor for this, and not suspending an account is not approval of it.

Do not misuse the Service, interfere with its security, upload unlawful content, or use Membber in a way that harms customers, merchants or platform reliability. We may suspend or terminate access for breach of these Terms, including non-payment.

The Service is provided “as is”. To the fullest extent permitted by law, Membber is not liable for indirect or consequential loss, lost profits or data, or for the conduct of any merchant or customer. Our total liability is limited to the greater of the fees you paid us in the three months before the claim, or £50. Nothing limits liability that cannot be limited by law.

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, without affecting any mandatory consumer rights that apply to you.

Questions about these Terms or billing? Email hello@membber.com. Legal entity: Membber Limited (company registration in England and Wales pending).