Terms and Conditions
Damga

Last updated: 22.04.2026

These Terms and Conditions (“Terms”) govern the access to and use of the Damga mobile application, related services, and any associated merchant tools or NFC stamp devices (collectively, the “Service”).

The Service is operated by:

M. Bugra Akin
Rudolfstrasse 1/12b,
A-4040 Linz, Austria
Email: office@aqrya.com

By downloading, accessing, registering as a merchant for, subscribing to, or otherwise using Damga, you agree to these Terms. If you do not agree to these Terms, you must not use the Service.

These Terms apply both to:

• individuals using the Damga app to collect digital stamps and rewards (“Users”); and
• businesses, shops, cafés, bakeries, and other merchants participating in the Service (“Merchants”).

1. About Damga

Damga is a platform that enables participating Merchants to issue digital stamps to Users through NFC-enabled interactions and to offer rewards based on stamp collection.

Damga provides the technical platform only. Merchants independently determine their Loyalty Program, including the number of stamps required, the rewards offered, redemption conditions, duration, limitations, and any shop-specific rules.

Damga is not the seller, issuer, producer, or fulfiller of Merchant rewards, products, or services unless expressly stated otherwise.

2. Eligibility

To use the Service, you must:

• be legally capable of entering into binding agreements under applicable law;
• comply with these Terms and all applicable laws;
• if acting for a Merchant, have the authority to bind that Merchant to these Terms.

If you use the Service on behalf of a company or other legal entity, you represent and warrant that you are authorized to accept these Terms on its behalf.

3. User access and subscriptions

Users may download and use the app subject to these Terms.

In the current version of the Service:

• Users are not required to create a direct account with Damga;
• subscription status may be managed through the relevant app store account;
• stamp data may be linked to the device and/or technical implementation of the app rather than to a personal Damga account.

A User may collect stamps from one Loyalty Program without a paid subscription, subject to the App’s current functionality and any applicable limitations. For the purposes of these Terms, a Loyalty Program means a specific stamp card type offered by a Merchant, and a Merchant may offer more than one Loyalty Program.

In the free version, the User may have up to 1 unredeemed card and may continue collecting stamps once the card is redeemed. Access to collect stamps from more than one Loyalty Program requires an active paid subscription. In the paid version, the User may have up to 3 unredeemed cards per Loyalty Program.

Subscriptions:

• are offered on a monthly and/or yearly basis;
• are purchased, billed, renewed, managed, and cancelled through Apple App Store and/or Google Play, as applicable;
• are subject to the terms, billing policies, and technical processes of the relevant app store provider.

Unless required by mandatory law, Damga does not provide refunds for subscriptions beyond those offered by the applicable app store platform.

4. No account recovery; device changes

Because Damga does not currently provide full user account registration

• stamps are not recoverable if a User changes, loses, resets, or damages their device;
• access to previously collected stamps may be lost permanently;
• subscription status may be restorable through the relevant app store

Users are solely responsible for understanding this limitation before using the Service.

5. Stamp collection and rewards

Digital stamps are typically issued through one NFC interaction, with one valid tap corresponding to one stamp, unless a Merchant’s Loyalty Program rules state otherwise.

Merchant Loyalty Programs may vary. Each Merchant may define, in its sole discretion:

• the number of stamps required for a reward;
• the reward type and value;
• any product exclusions or limitations;
• redemption windows and availability;
• additional conditions for participation or redemption.

Rewards are offered by the relevant Merchant, not by Damga. Each Merchant is solely responsible for:

• the legality, accuracy, and availability of its rewards and offers;
• honoring valid rewards;
• ensuring that its reward terms are clear and compliant with law;
• providing its goods and services at the expected standard.

Damga does not guarantee that any Merchant will continue participating, that any Loyalty Program will remain available for any minimum period, or that any reward will remain redeemable.

6. Merchant registration and participation

Merchants who wish to participate in Damga must register through the channels made available by Damga and provide accurate, complete, and up-to-date business information.

Merchant participation may involve:

• a one-time onboarding or setup fee; and
• a separate fee for the purchase of an NFC stamping device.

If a Merchant offers more than one Loyalty Program, a separate stamping device may be required for each Loyalty Program.

Unless otherwise agreed in writing:

• no recurring fee applies for the basic Merchant functionality described at the time of onboarding;
• additional future services or premium features may be subject to separate fees and separate agreement.

Damga reserves the right to accept, reject, suspend, or remove any Merchant from the Service at its discretion, particularly where necessary to protect Users, comply with law, address misuse, or preserve the integrity of the platform.

7. NFC device ownership and responsibility

Where a Merchant purchases an NFC stamp device from or through Damga:

• ownership of the device passes to the Merchant, unless otherwise agreed in writing;
• the device remains associated with the Merchant’s participation in the Service;
• the Merchant is responsible for the safekeeping, lawful use, and proper handling of the device.

If the device is lost, stolen, damaged, compromised, transferred, resold, or otherwise no longer under the Merchant’s control, the Merchant must notify Damga without undue delay.

If a Merchant ceases participation in the Service or the device is no longer validly used for the Merchant’s business, Damga may deactivate or disassociate the device from the platform.

8. Merchant responsibilities

Each Merchant represents and warrants that:

• it is a legitimate business operating in compliance with applicable laws;
• it has the right to offer and fulfill the rewards, goods, and services it advertises through Damga;
• the information it provides, including business name, logo, location, and reward descriptions, is accurate and not misleading;
• it has all necessary rights to use uploaded names, logos, and other content;
• its participation in Damga does not violate any third-party rights.

Merchants are solely responsible for:

• defining their own stamp and reward logic;
• honoring earned rewards in accordance with their published conditions;
• handling customer-facing issues related to reward redemption, product availability, and service quality;
• ensuring that their offers comply with consumer, tax, advertising, and local commercial laws.

The Merchant is solely responsible for keeping its NFC stamp device, associated identifiers, codes, credentials, and any related access information secure and protected against unauthorized access, copying, misuse, disclosure, or manipulation.

The Merchant must take appropriate measures to prevent unauthorized stamping, self-stamping by customers, staff misuse, cloning, or other fraudulent generation of stamps.
Any stamps issued through the Merchant’s assigned NFC device or associated identifiers shall be deemed issued under the Merchant’s responsibility, unless and until the Merchant has notified Damga without undue delay of a suspected compromise, loss, theft, or misuse.

Merchants may not use the Service to promote unlawful, deceptive, discriminatory, infringing, or otherwise inappropriate offers or conduct.

9. Prohibited conduct

Users and Merchants must not:

• use the Service fraudulently or in bad faith;
• manipulate, fake, duplicate, forge, or unlawfully generate stamps;
• interfere with NFC functionality or platform security;
• reverse engineer, decompile, disassemble, copy, modify, or create derivative works from the app, software, or technical systems except where expressly permitted by mandatory law;
• use bots, scripts, scraping tools, or automated means to access or misuse the Service;
• impersonate another person or business;
• upload false, misleading, or infringing information;
• use the Service in a way that harms Damga, other Users, Merchants, or third parties;
• use the Service for unlawful commercial exploitation outside its intended purpose.

Damga may investigate suspected misuse and may suspend or terminate access where reasonably necessary.

10. Platform role only

Damga acts solely as a technology platform connecting Users and Merchants.

To the maximum extent permitted by law, Damga is not responsible for:

• the quality, safety, legality, or suitability of goods or services provided by Merchants;
• whether a Merchant honors a reward;
• the accuracy of Merchant descriptions or Loyalty Program terms;
• stock limitations, opening hours, service interruptions, or business closure of any Merchant;
• disputes between Users and Merchants.

Any contract for the purchase of goods or services, and any redemption of a Merchant reward, is between the User and the relevant Merchant.

11. Availability and technical limitations

Damga aims to provide the Service with reasonable care but does not guarantee uninterrupted or error-free availability.

The Service may be affected by:

• maintenance, updates, or upgrades;
• device compatibility issues;
• app store restrictions;
• internet or network failures;
• NFC hardware limitations;
• third-party service interruptions;
• software bugs or unforeseen technical errors.

Damga may modify, suspend, or discontinue any part of the Service at any time, with or without notice, to the extent permitted by law.

12. Stamp Recording, Technical Issues, and Loyalty Program Changes

Damga is designed to enable the digital collection and display of stamps through participating Merchants. Damga will use reasonable care and commercially reasonable efforts to provide the Service in a reliable manner.
However, occasional technical issues may occur, including as a result of device limitations, connectivity problems, NFC-related issues, software bugs, maintenance, third-party service outages, or circumstances outside Damga’s reasonable control. In such cases, stamp records may in limited instances be delayed, temporarily unavailable, or not displayed correctly.
Merchants may also change, suspend, or discontinue their stamp Loyalty Program or rewards, and Merchants may stop participating in the Service.
In the current version of the Service, Users may also lose access to stamps when changing, losing, resetting, or replacing a device, because no Damga user account-based recovery function is currently provided.
Damga will not be liable, except where required by mandatory law, for losses resulting from temporary technical issues, Loyalty Program changes made by Merchants, Merchant withdrawal from the platform, or device-related loss of stamp history. Nothing in this clause excludes liability where liability cannot be excluded under applicable law.

13. Fees and payments

User subscription payments are handled by the applicable app store provider. Merchant onboarding fees and device purchase fees, where applicable, are payable according to the offer or invoice provided by Damga.

Unless otherwise stated:

• fees are non-refundable except where required by mandatory law;
• Merchants are responsible for any taxes, duties, or charges applicable to their purchases or use of the Service;
• Damga may change future pricing at its discretion, provided such changes do not retroactively affect already concluded purchases.

1. Intellectual property

All rights, title, and interest in and to the Service, including the app, software, design, structure, text, graphics, branding, trademarks owned by Damga, features, and underlying technology, are and remain the property of Aqrya and/or its licensors.

These Terms do not transfer any intellectual property rights to Users or Merchants other than the limited right to use the Service in accordance with these Terms.

Merchants retain ownership of their own trademarks, logos, and business content. By submitting such content to Damga, each Merchant grants Damga a non-exclusive, worldwide, royalty-free license to host, reproduce, display, and use that content for the operation, promotion, support, and provision of the Service.

15. Privacy and data processing

Use of the Service may involve the processing of personal data and technical data, including device-related data, analytics, crash reports, subscription metadata, and data processed through third-party service providers.

Such processing is governed by the Damga Privacy Policy, as updated from time to time.

By using the Service, you acknowledge that third-party providers such as Apple, Google, hosting providers, analytics providers, infrastructure providers, and similar service partners may be involved in the operation of the Service.

16. Third-party platforms and services

The Service may rely on or interact with third-party platforms and services, including app stores, hosting infrastructure, analytics tools, communication tools, and payment-related systems.

Damga is not responsible for third-party services and does not guarantee their availability, performance, or security. Your use of third-party services may also be subject to those providers’ own terms and privacy policies.

17. Suspension and termination

Damga may suspend, restrict, or terminate access to the Service, in whole or in part, immediately or at any time, where:

• required by law;
• reasonably necessary for security, maintenance, or technical reasons;
• a User or Merchant breaches these Terms;
• fraud, abuse, or misuse is suspected;
• a Merchant no longer qualifies to participate;
• Damga decides to discontinue the Service or a part of it.

A Merchant may stop participating in the Service by notifying Damga, subject to any outstanding payment obligations and any separate written arrangements concerning devices or onboarding.

Termination does not affect any rights or obligations that by their nature should continue after termination, including payment obligations, intellectual property provisions, liability limitations, and dispute provisions.

18. Disclaimers

To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis.

Damga makes no representations or warranties, express or implied, regarding:

• merchant participation or continuity;
• reward availability or redemption;
• uninterrupted functionality;
• compatibility with all devices;
• accuracy, completeness, or reliability of merchant-provided content;
• fitness for a particular purpose, merchantability, or non-infringement, except where such exclusions are not legally permitted.

Nothing in these Terms excludes any warranty or right that cannot be excluded under mandatory law.

19. Limitation of liability

To the maximum extent permitted by applicable law, Aqrya and M. Bugra Akin shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or loss of opportunity arising out of or in connection with the Service.

To the maximum extent permitted by law, Damga’s total aggregate liability arising out of or relating to the Service shall be limited:

• for Users, to the amount paid by the User for the subscription during the 3 months preceding the event giving rise to the claim; and
• for Merchants, to the amount paid by the Merchant to Damga during the 3 months preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes any liability that cannot be excluded or limited by mandatory law.

20. Indemnity

Merchants agree to indemnify and hold harmless Aqrya and M. Bugra Akin from and against claims, losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising out of or related to:

• the Merchant’s rewards, offers, products, or services;
• the Merchant’s breach of these Terms;
• inaccurate or misleading Merchant content;
• infringement of third-party rights by the Merchant;
• the Merchant’s violation of applicable law,
• unauthorized stamping, fraudulent reward claims, or other misuse arising from the Merchant’s failure to keep its NFC stamp device, identifiers, codes, credentials, or related access information secure.

This clause applies to the extent permitted by applicable law.

21. Changes to the Terms

Damga may update these Terms from time to time.

If changes are material, Damga may provide notice within the app, on its website, by email where available, or by other reasonable means. Continued use of the Service after the effective date of updated Terms constitutes acceptance of the updated Terms, to the extent permitted by law.

If you do not agree to the updated Terms, you must stop using the Service.

22. Governing law and jurisdiction

These Terms shall be governed by the laws of Austria, excluding its conflict of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods, where applicable.

If you are a consumer, mandatory consumer protection laws of your country of habitual residence may still apply to the extent required by law.

To the extent legally permitted:

• the competent court in Linz, Austria shall have exclusive jurisdiction for disputes with Merchants and other business users; and
• consumer claims shall be subject to the jurisdiction rules that apply under mandatory law.

1. Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be interpreted, to the extent possible, in a manner consistent with its purpose and applicable law.

24. No waiver

Failure by Damga to enforce any provision of these Terms shall not constitute a waiver of that provision or any other right.

25. Entire agreement

These Terms, together with any applicable Privacy Policy and any additional terms presented in connection with specific features, constitute the entire agreement between you and Damga regarding the Service, unless a separate written agreement applies with a Merchant.