1. Agreement to Terms

By accessing or using GetLoyal ("the Platform"), you agree to be bound by these Terms of Service. If you do not agree, please do not use the Platform. These terms constitute a legally binding agreement between you (the "Merchant") and GetLoyal, operating under the laws of the United Arab Emirates.

2. Description of Service

GetLoyal provides a software-as-a-service (SaaS) platform that enables businesses to create, manage, and distribute digital loyalty cards compatible with Apple Wallet and Google Wallet. Features include stamp cards, punch cards, customer management, branch management, and push notifications.

3. Account Registration & Age Requirement

You must provide accurate and complete information when registering. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect any unauthorised use.

Age Requirement: You must be at least 18 years of age to register for or use the Platform. By creating an account, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into this agreement. If you are accessing or using the Platform on behalf of a business or other legal entity, you represent that you are authorised to bind that entity to these Terms.

4. Subscription & Billing

Subscriptions are billed monthly or annually in advance via Stripe.
The Starter plan is provided free of charge for the first year only. This introductory offer is subject to change at any time without notice, and the Starter plan may become a paid plan upon expiry of the introductory period.
Paid subscriptions (Growth and Enterprise) require a valid payment method at the time of activation.
You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period. All fees are non-refundable; no partial or pro-rated refunds are issued for unused time. See Section 6 (No Refunds) for the full refund policy.
We reserve the right to change pricing with 30 days' notice to registered users.
Early Cancellation of Annual Plans: If you subscribed to an annual plan and elect to cancel before the end of the annual billing period, an early cancellation fee equivalent to 20% of the remaining balance of your annual subscription may apply. This fee is intended to cover administrative and service continuity costs. The applicable early cancellation fee, if any, will be communicated to you at the time of cancellation.

5. Changes to Plans and Pricing

GetLoyal reserves the right to modify, amend, or discontinue any subscription plan, pricing, features, or promotional offers at any time, with or without prior notice, at its sole discretion. Such changes may include, but are not limited to:

Adjustments to monthly or annual subscription fees for any plan tier.
Changes to the features, limits, or entitlements included within any plan.
Introduction of new plan tiers or discontinuation of existing ones.
Modification or withdrawal of free plan offerings at any time.
Changes to currency availability or regional pricing.
Conversion of the Starter plan from a free introductory tier to a paid tier. The free Starter plan is an introductory first-year offer only and may be converted to a paid subscription plan at any time at GetLoyal's sole discretion.

Where practicable, GetLoyal will endeavour to provide reasonable advance notice of material pricing changes to active paying subscribers via the email address registered on the account. Your continued use of the Platform following any such changes constitutes your acceptance of the revised terms. If you do not agree to the revised pricing or plan terms, you may cancel your subscription before the changes take effect.

6. No Refunds

All fees paid to GetLoyal are non-refundable to the fullest extent permitted by applicable law. By subscribing to any paid plan, you expressly acknowledge and agree to the following:

All subscription fees and other charges are non-refundable once processed and charged to your payment method, regardless of whether the Platform was used during the billing period.
No partial or pro-rated refunds shall be issued upon cancellation or downgrade of a subscription, whether such cancellation or downgrade occurs mid-cycle or otherwise.
No credits shall be applied or issued in respect of any unused portion of a subscription period, including where access to features is reduced due to a plan change.
Exceptions to this no-refunds policy shall apply only where expressly required by applicable UAE law or any mandatory consumer protection legislation that cannot be excluded by contract.

7. Acceptable Use

You agree not to use the Platform to:

Violate any applicable UAE or international laws or regulations.
Send unsolicited commercial communications (spam) to customers.
Upload content that is unlawful, defamatory, obscene, or that infringes the rights of a third party.
Attempt to reverse-engineer, decompile, or otherwise derive the source code of the Platform.
Use the Platform to conduct fraudulent loyalty schemes or mislead end-customers.

8. Intellectual Property

GetLoyal and its licensors retain all intellectual property rights in the Platform, including its software, design, and trademarks. You retain ownership of any content and data you upload. By uploading content, you grant us a limited licence to use it solely for providing the service to you.

9. Data & Privacy

Your use of the Platform is also governed by our Privacy Policy. As a merchant, you are the data controller for your customers' personal data. GetLoyal acts as a data processor on your behalf and processes customer data only as instructed.

10. Service Availability

We aim for 99.5% monthly uptime but do not guarantee uninterrupted access. We may perform scheduled maintenance with reasonable notice. We are not liable for losses arising from downtime beyond our reasonable control.

11. Third-Party Services

The Platform integrates with and relies on certain third-party services, including but not limited to Apple Wallet (Apple Inc.), Google Wallet (Google LLC), and Stripe, Inc. for payment processing. These third-party services are provided independently and are subject to their own terms of service and privacy policies.

GetLoyal is not responsible for the availability, accuracy, reliability, or performance of any third-party service. We shall not be liable for any loss, damage, or disruption arising from the failure, unavailability, or errors of any third-party service provider. Your use of such third-party services is at your own risk and subject to the applicable third-party terms.

12. Disclaimer of Warranties

The Platform is provided on an "as-is" and "as-available" basis without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by applicable law, GetLoyal expressly disclaims all warranties, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Any warranty that the Platform will meet your requirements or expectations.
Any warranty that access to the Platform will be uninterrupted, timely, secure, or error-free.
Any warranty regarding the accuracy, completeness, or reliability of any information obtained through the Platform.

No advice or information, whether oral or written, obtained from GetLoyal or through the Platform shall create any warranty not expressly stated in these Terms.

13. Limitation of Liability

To the maximum extent permitted by UAE law, GetLoyal shall not be liable for indirect, incidental, special, or consequential damages arising from your use of the Platform. Our total aggregate liability shall not exceed the amount you paid us in the three months preceding the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless GetLoyal and its officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights or privacy rights; (d) any content or data you upload to or transmit through the Platform; or (e) your management of end-customer data or your operation of a loyalty programme through the Platform. GetLoyal reserves the right to assume exclusive control of the defence of any matter subject to indemnification, in which case you agree to cooperate with GetLoyal in asserting any available defences.

15. Force Majeure

GetLoyal shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, governmental actions or restrictions, pandemics or epidemics, power outages, internet service disruptions, cyberattacks, or failures of third-party infrastructure providers. In the event of a force majeure event, GetLoyal will use reasonable efforts to notify affected Merchants and resume normal service as soon as practicable.

16. Terms Modifications

GetLoyal reserves the right to modify these Terms of Service at any time. When material changes are made, we will notify registered Merchants via the email address associated with their account at least 14 days before the changes take effect. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Platform and cancel your subscription before the changes take effect.

17. Termination

We may suspend or terminate your account if you breach these Terms. Upon termination, your access to the Platform and all associated data will cease. You may request an export of your data within 30 days of termination.

18. Governing Law & Dispute Resolution

These Terms are governed by the laws of the United Arab Emirates.

Pre-Litigation Dispute Resolution: Before initiating any legal proceedings, both parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform in good faith. The party raising the dispute shall provide written notice to the other party describing the nature of the dispute and the resolution sought. Both parties shall then have 30 days from the date of such notice to negotiate in good faith to resolve the dispute. If the dispute is not resolved within this 30-day period (or such longer period as the parties may agree in writing), either party may then pursue their legal remedies.

Any disputes that cannot be resolved through the above process shall be subject to the exclusive jurisdiction of the courts of Dubai, UAE.

19. Contact

For questions about these Terms, contact us at [email protected].