GoLoyal Terms of Service

1. About the Service

GoLoyal provides tools for Merchants to create and manage digital loyalty programmes, including:

• generating loyalty card templates;
• issuing per-customer digital loyalty cards and QR codes;
• optionally generating Google Wallet passes for customers; and
• tracking visits, points, stamps and redemptions.

GoLoyal is a business-to-business service. We provide the tools to Merchants; we are not a party to the relationship between a Merchant and its end customers.

We are not a payment service provider, bank or issuer of electronic money.

2. Merchant accounts

You are responsible for:

• providing accurate business and contact details;
• keeping your login details secure;
• ensuring only authorised staff access your GoLoyal account; and
• all activity that occurs under your account.

You must promptly notify us if you suspect unauthorised access to your account.

3. Use of the Service

You may use the Service only for lawful business purposes. You agree that you will not:

• use the Service in any way that breaches applicable law;
• create misleading or deceptive loyalty offers;
• attempt to access or interfere with the Service in a way that could damage, disable or impair it; or
• attempt to access any other Merchant's data.

We may suspend or terminate access to the Service if we reasonably believe you are misusing it or breaching these Terms.

4. Loyalty programmes and customer relationship

You are solely responsible for:

• the design and wording of your loyalty programme;
• the rewards you offer;
• the criteria for earning and redeeming points or stamps; and
• communicating your loyalty terms and restrictions to your customers.

GoLoyal does not set or guarantee any rewards. Any disputes about rewards, eligibility or balances are between you and your customers.

5. Wallet passes

GoLoyal currently supports Google Wallet passes for eligible devices. Apple Wallet and other wallet providers may be supported in future but are not part of the current Service.

When you enable wallet passes:

• you must comply with Google's programme policies and any additional terms applicable to wallet passes;
• you must ensure your branding, text and imagery meet those policies; and
• you must not use wallet passes for prohibited content.

GoLoyal generates wallet pass data based on the information in your GoLoyal account. We do not control how wallet providers display passes to end users.

6. Data protection and privacy

Our privacy practices are described in our Privacy Policy. By using the Service you confirm that you have read and understood the Privacy Policy.

When you use GoLoyal to collect information about your customers (for example their loyalty card identifiers, contact details or visit history):

• you are the data controller for that customer data;
• GoLoyal acts as a data processor on your behalf; and
• you are responsible for having a lawful basis to collect and use that data and for providing appropriate information to your customers.

We will process customer data only in accordance with your instructions and these Terms, as further described in the Privacy Policy.

7. Fees and payment

We may charge subscription or usage-based fees for access to the Service. Pricing and plan limits will be communicated on https://goloyal.co.uk or in a separate order form or agreement.

If you fail to pay any amounts due, we may suspend or limit access to the Service until payment is received.

8. Intellectual property

The Service and all associated software, documentation, design and content are owned by GoLoyal or our licensors. You are granted a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes while your account is active.

You retain all rights in your own branding, logos and content that you upload to the Service. You grant us a licence to host, use and display that content as necessary to operate the Service.

You must not:

• copy or reverse engineer the Service;
• remove or obscure any proprietary notices; or
• use our trademarks without prior written permission, except as allowed in any brand guidelines we provide.

9. Service changes and availability

We may modify or update the Service from time to time, for example to improve functionality, fix bugs or comply with legal requirements. We will try to avoid unplanned significant disruption but cannot guarantee continuous availability.

We may discontinue parts of the Service where commercially reasonable, but will give you reasonable notice where possible.

10. Disclaimer

The Service is provided "as is" and "as available". To the fullest extent permitted by law, we exclude all warranties, representations and conditions, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement.

11. Limitation of liability

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

Subject to that:

• we will not be liable for any loss of profits, revenue, business, goodwill or data, or for any indirect or consequential loss; and
• our total aggregate liability to you arising out of or in connection with the Service and these Terms will be limited to the total fees you paid to us for the Service in the 12 months before the event giving rise to the claim.

12. Term and termination

These Terms apply from when you first create an account or start using the Service and continue until your account is closed.

You may stop using the Service and request account closure at any time. We may suspend or terminate your account if you materially breach these Terms or use the Service in a way that could cause harm to us, other users or third parties.

After termination we may retain or anonymise data as described in our Privacy Policy and as required by law.

13. Governing law and jurisdiction

These Terms and any disputes arising out of or in connection with them are governed by the laws of England and Wales, and the courts of England and Wales will have exclusive jurisdiction, except where local law gives you mandatory rights to bring claims elsewhere.