Terms of Service

Please read these Terms carefully. By signing up or using Loyital, you’re agreeing to the Terms. This is a legal agreement.

Loyital (“Loyital” or the “Service”) is a software service offered through the URL Loyital.com (we’ll refer to it as the “Website”) that allows you to create and manage loyalty cards online.

Loyital is a UK business (which combined with our employees, independent contractors and representatives is “Loyital”, “we”, or “us”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “Member” according to this agreement (or “you”). These Terms of Use (“Terms”) define the terms and conditions under which you’re allowed to use Loyital.

Account

1. Eligibility

In order to use the Service, you must:

• be at least eighteen (18) years old and able to enter into contracts;
• complete the registration process;
• agree to the Terms; and
• provide true, complete, and up to date contact information.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won't use Loyital in a way that violates any laws or regulations. Loyital may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. Term

The Term begins when you sign up for the Loyital and continues as long as you use the Service. Clicking the button and entering your email address means that you’ve officially “signed” the Terms. If you sign up for Loyital on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Closing Your Account

You or Loyital may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. Once your account is terminated, we may permanently delete it and all the data associated with it, including any data associated with your account from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete it and all the data associated with it.

4. Changes

We reserve the right to change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Loyital. We may change the Website, the Service, or any features of the Service at any time.

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for the use of any account that you have access to, whether or not you authorized the use. You'll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

Payment

6. Charges and Refunds

6.1 Monthly Plans

Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Monthly payments are due on the same day of the month that you signed up and made your first monthly payment (the “Pay Date”), or the closest day of that month to the Pay Date.

6.2 Refund

You won’t be entitled to a refund from us under any circumstances.

Rights

7. Proprietary Rights Owned by Us

You shall respect our proprietary rights in the Website and the software used to provide Loyital. Proprietary rights include, but are not limited to, any patents, trademarks, service marks, and copyrights.

8. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material you provide to Loyital. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.

9. Privacy Policy

We may access, collect, use, and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

10. Right to Review Data

We may view, copy, and internally distribute content and data associated with your use of the Service to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.

Rules and Abuse

11. General Rules

You shall follow these rules:

• You won’t send unsolicited bulk email. This is known as “spam” email. A full definition can be found on the Spamhaus website at http://spamhaus.org/definition.html.
• You won’t put through the Service any material, including graphics or other content, that is not created by you, not provided by us for you to use, or that would violate any other party's rights.
• You won’t use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or when using the Service.
• You won’t use Loyital for any illegal content, goods, or services.
• You won't share your password.
• You won’t try to decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website.
• You won’t import or incorporate any of this information into any lists, emails, or uploads to our servers: Social Security Numbers, passwords, security credentials, or sensitive personal information of any kind.

12. General Rules

We may throttle your use of the Service at our discretion.

13. Compliance with Laws

You represent and warrant that your use of Loyital will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you're subject to regulations (like HIPAA) and you use our Service, then we won't be liable if our Service doesn't meet those requirements.

If you’re located in the European Economic Area (EEA) or use data associated with anyone in the EEA, you represent and warrant that in using our Service you:

• Will clearly describe in writing how you plan to use any data collected. You’ll get express consent to transfer data to Loyital as part of this process, and you’ll otherwise comply with whatever privacy policy you have posted.
• Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws applicable to the countries where you’re sending any form of communication via Loyital.
• Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have permission to allow Loyital to receive and process data and send communications to that individual on your behalf.
• Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

14. Reporting Violations

If you become aware that anyone is violating any of the Terms of this Website, please notify us immediately.

Liability

15. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss resulting from your use of the Website and the Services, including any downloads from the Website. We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.

16. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose

17. Indemnity

You agree to indemnify and hold Loyital harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms, your use of the Service, and to fully cooperate in Loyital's defense against any such claims.

18. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney's fees and any damages or other relief we may be awarded.

19. Disclaimers

We aren’t responsible for the behavior of any advertisers, linked websites, or other Members.

20. Equitable Relief

If you breach any of your obligations under these Terms, then we may seek injunctive or other equitable relief.

21. Subpoena Fees

If we’re required to provide information in response to a subpoena related to your account, then we may charge you for our costs for complying with that subpoena.

Fine Print

22. Choice of Law

These Terms and any dispute or claim arising out of or in connection with them, the Privacy Policy, or the Service itself, shall be governed by and construed in accordance with English law.

23. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third party internet service providers.

24. Survivability

All provisions that logically ought to survive termination of this agreement shall survive.

25. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

26. Amendments and Waiver

No amendment or change to these Terms will be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action.

27. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

28. Notification of Security Breach

In the event of a security breach that may affect you or personal data you have entered into the Service, we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to others, you’ll promptly do it.

29. Entire Agreement

These Terms, our Privacy Policy (which is incorporated into these Terms by reference), and any Additional Terms you’ve agreed to embody the entire agreement and understanding of the parties, and supersede all prior agreements, representations, and understandings.