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Legal

Terms of Service

Last updated: November 2026

These Terms of Service ("Terms") govern your use of the Loyarax platform and related services. By registering, accessing or using our services you agree to be bound by these Terms. If you do not agree, do not use our services. The English version is the legally binding one.

1. Acceptance and eligibility

By creating an account or using Loyarax you confirm that you are at least 18, that you have authority to bind your business, and that you accept these Terms and our Privacy Policy. You must provide accurate and complete registration information. We may refuse service to anyone at our sole discretion.

2. The service

Loyarax is a software-as-a-service platform for retail businesses to manage customer loyalty programmes, send SMS and email messages and run promotional campaigns. The platform is provided "as is" and "as available". We do not guarantee uninterrupted, error-free or secure operation. Features, pricing and availability may change at any time.

3. Your responsibilities: end-user consent and data

Critical: you ("Merchant") are solely and exclusively responsible for obtaining valid, informed and documented consent from every end user (your customers) before collecting, storing or processing their personal data through our platform. This includes name, phone number, email address, gender, date of birth and any other data you collect.

You represent and warrant that:

  • You have obtained, or will obtain, explicit consent from each end user before adding their data to the platform
  • You will keep records of that consent and provide them on request
  • You will comply with all data protection laws that apply to you (for example GDPR, CCPA and local privacy laws)
  • You will not use the platform to collect or process data without proper consent

Liability: any failure to obtain or maintain proper consent, any misuse of end-user data, any complaint or claim arising from how you collect or use end-user data, and any violation of data protection law is solely your responsibility. Loyarax acts as a data processor and has no liability for your acts, omissions or failures in this regard. You agree to indemnify and hold Loyarax harmless from all claims, damages and costs arising from your failure to comply with this section.

4. SMS and email compliance

You are solely responsible for making sure every SMS and email sent through our platform complies with applicable law, including:

  • Telecom regulations such as the TCPA and local equivalents
  • CAN-SPAM, GDPR, ePrivacy and other marketing laws
  • Carrier guidelines and best practices
  • Opt-in and opt-out requirements

You must not send spam, unsolicited messages or messages to people who have not consented. We may suspend or terminate your account immediately if we suspect spam, abuse or non-compliance. We are not liable for any fines, penalties or legal action you face because of your messaging practices.

5. Acceptable use

You agree not to:

  • Use the platform for any illegal, fraudulent or harmful purpose
  • Send spam, phishing or malicious content
  • Harass, defame or harm others
  • Try to gain unauthorised access to our systems or other accounts
  • Reverse engineer, decompile or disassemble the platform
  • Resell, sublicense or redistribute the platform without our written consent
  • Use the platform in a way that could damage, disable or overburden our infrastructure
  • Collect or process data without proper consent as described in Section 3

We may monitor usage and take action, including suspension or termination, at our sole discretion for any violation.

5A. Website builder

  • Your content: you are solely responsible for everything you submit and for the website created from it. You warrant that you own or are licensed to use all texts, images, logos and other material, that it does not infringe any right or law, and that any personal data it contains is submitted lawfully. You grant us a licence to host, process, adapt and display that content to provide the service, including processing by AI providers.
  • AI output: websites are generated with artificial intelligence and may contain errors, omissions or inaccurate transcriptions (for example of menus, prices or opening hours). You must review the preview carefully before publishing and are solely responsible for the accuracy of anything you publish.
  • No guarantee: we do not promise any particular design, result, availability, search ranking or business outcome. A preview is provided as is and may be limited, changed or removed.
  • Restrictions: you may not use the builder for unlawful, deceptive, hateful, adult or infringing content, to impersonate others, or to abuse the service (for example automated or excessive requests). We may refuse, suspend or delete any project without notice.
  • Preview links: anyone with the link can view a preview. You are responsible for who you share it with.
  • Publishing and subscription: publishing is a paid, recurring subscription charged through Stripe at the price and interval you chose, until you cancel. You can cancel at any time from the billing portal linked on your project page; the website then stays online until the end of the period you already paid for. If a payment fails or the subscription ends, we may take your website offline and, after a reasonable period, delete it.
  • Addresses and domains: your website is served at an address on our domain or, if your plan includes it, at a domain name we register for you. For a domain, the owner details you give must be true and complete, and you confirm you are entitled to register that name. The name must not infringe anyone's trademark or other rights. We keep the domain renewed while your plan is active. If the plan ends we stop renewing and the domain may expire; contact us beforehand if you want it transferred to you. A domain name that is unavailable, or is rejected by the registry, may mean we cannot register it; we will tell you and you may choose another or cancel.
  • Changes after publishing: change requests you make on your project page are applied to the live website once generated and are included in the number of revisions allowed.

6. Account security

You are responsible for keeping your credentials confidential and for everything that happens under your account. Tell us immediately about any unauthorised access. We are not liable for losses caused by unauthorised use of your account.

7. Fees and payment

You agree to pay all fees for your plan and usage. Fees are non-refundable unless stated otherwise. We may change pricing with reasonable notice. Non-payment may lead to suspension or termination. You are responsible for any taxes that apply to your use of the platform.

8. Intellectual property

Loyarax and its licensors own all rights in the platform, including software, design, trademarks and content. You receive a limited, non-exclusive, non-transferable licence to use the platform during your subscription. You may not copy, modify or create derivative works. Your data stays yours; you grant us a licence to use it solely to provide the service.

9. Limitation of liability

To the maximum extent permitted by law:

  • Loyarax and its affiliates, officers, employees and agents are not liable for indirect, incidental, special, consequential or punitive damages, including loss of profit, data, goodwill or business opportunity
  • Our total liability for any claim arising from these Terms or the platform will not exceed the amount you paid us in the twelve (12) months before the claim, or one hundred euros (€100), whichever is greater
  • We are not liable for: (a) failed or delayed SMS or email delivery; (b) data loss; (c) third-party actions; (d) your misuse of the platform; (e) your failure to obtain consent or comply with law; (f) force majeure
  • Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the maximum extent the law permits

10. Indemnification

You agree to indemnify, defend and hold harmless Loyarax, its affiliates, officers, employees and agents from any claims, damages, losses, costs and expenses (including reasonable legal fees) arising from: (a) your use of the platform; (b) your breach of these Terms or any law; (c) your violation of third-party rights; (d) your failure to obtain consent or comply with data protection law; (e) any content or data you submit; (f) any dispute between you and an end user or third party. This section survives termination.

11. Termination

We may suspend or terminate your account at any time, with or without cause or notice. You may cancel at any time. On termination your right to use the platform ends immediately. We may keep your data for a reasonable period for backup, legal or audit purposes. We are not obliged to give you a copy of your data on termination, though we may choose to.

12. Disclaimers

The platform is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the platform will be uninterrupted, error-free or secure. You use it at your own risk.

13. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which Loyarax is incorporated, without regard to conflict-of-law rules. Disputes will be resolved exclusively in the courts of that jurisdiction. To the extent permitted by law you waive any right to take part in class actions. We may seek injunctive relief in any court of competent jurisdiction.

14. Changes to these Terms

We may change these Terms at any time. Changes are posted on this page with a new "Last updated" date. Continued use after a change means you accept it. Material changes may be communicated by email or in-app notice. If you do not agree, stop using the platform and cancel your account.

15. General

These Terms and our Privacy Policy are the entire agreement between you and Loyarax. If a provision is found unenforceable, the rest remains in effect. Not enforcing a right does not waive it. You may not assign these Terms without our consent; we may assign them freely. No third party has rights under these Terms.

16. Contact

Questions about these Terms: hello@loyarax.com