Important: These Terms include an arbitration agreement and class action waiver. By using our websites, apps, or services (collectively, the “Services”), you agree to these Terms.
Premes Software Solutions(“Premes,” “Puff Pass,” “we,” “us,” or “our”) provides software and tools used by our retail brands and business clients to manage customer subscriptions, communications, and related experiences. These Terms govern your access to and use of our Services, including premes.org, puffpass.premes.org, and any other sites or applications we operate.
By accessing or using the Services, creating an account, or clicking “I agree,” you accept these Terms and our Privacy Policy. If you do not agree, do not use the Services.
You may upload, submit, or store content, including personal information of yourself or your customers (“User Content”). You represent you have all rights necessary to provide User Content to us. To the maximum extent permitted by applicable law, you grant us a worldwide, transferable, sublicensable, royalty-free license to host, reproduce, process, adapt, publish, transmit, display, and distribute User Content in connection with operating, improving, and promoting the Services and our business, including for analytics, advertising, sale or sharing, and commercialization. We will not sell or share personal information in jurisdictions where applicable law prohibits doing so, and we will honor any legally required opt-out or preference signal (e.g., Global Privacy Control) where required.
Our data collection, use, and disclosure practices are described in our Privacy Policy, which is incorporated into these Terms. By using the Services, you acknowledge that we may collect, use, disclose, sell, or share data as described there, subject to applicable law and your rights.
The Services, including software, designs, and content, are owned by us or our licensors and are protected by intellectual property laws. Except for limited rights to access and use the Services, no rights are transferred to you.
We may integrate with third‑party services (e.g., email/SMS providers). Your use of third‑party services is governed by their terms and privacy policies.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND THAT THE SERVICES ARE ERROR‑FREE OR UNINTERRUPTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF USD $100 OR THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.
You will defend, indemnify, and hold harmless us and our affiliates from any claim, loss, liability, and expense (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your User Content, or your violation of these Terms or applicable law.
Binding Arbitration. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. You and we waive the right to a trial by jury.
Class Action Waiver. Disputes must be brought only in an individual capacity; not as a plaintiff or class member in any class or representative proceeding.
Small Claims. Either party may bring an individual action in small claims court.
Opt‑Out. You may opt out of arbitration within 30 days of first agreeing to these Terms by emailing support@premes.org with subject “Arbitration Opt‑Out.”
These Terms are governed by the laws of the State of Nebraska (without regard to its conflicts of laws rules), except where preempted by federal or other applicable law. Subject to the arbitration provision, exclusive jurisdiction and venue lie in the state and federal courts located in Lancaster County, Nebraska.
We may suspend or terminate access to the Services at any time with or without cause or notice. Upon termination, sections intended to survive (including 6–15) will survive.
We may modify these Terms at any time. Material changes will be posted with an updated “Effective” date. Continued use after changes means you accept the revised Terms.
Questions? Email support@premes.org or write to: Premes Software Solutions.