📜 Legal

Terms of Service

Last updated: March 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 document.

1. Acceptance and Eligibility

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

2. Description of Service

Loyarax provides a software-as-a-service platform for retail businesses to manage customer loyalty programs, send SMS and email marketing messages, and run promotional campaigns. We provide the platform "as is" and "as available." We do not guarantee uninterrupted, error-free, or secure operation. Features, pricing, and availability may change at any time without notice.

3. Your Responsibilities — End-User Consent and Data

Critical: You ("Merchant") are solely and exclusively responsible for obtaining valid, informed, and documented consent from all end-users (your customers) before collecting, storing, or processing their personal data through our platform. This includes but is not limited to: 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 maintain records of such consent and make them available upon request
  • You will comply with all applicable data protection laws (e.g., GDPR, CCPA, local privacy laws) in your jurisdiction
  • 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 your collection or use of end-user data, or any violation of data protection laws is solely your responsibility. Loyarax acts as a data processor. We shall have no liability whatsoever 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 ensuring that all SMS and email communications sent through our platform comply with applicable laws, including but not limited to:

  • TCPA (Telephone Consumer Protection Act) and similar telecom regulations
  • CAN-SPAM, GDPR, and other email/marketing laws
  • Carrier guidelines and best practices
  • Opt-in and opt-out requirements

You must not send spam, unsolicited messages, or messages to individuals 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 may face due to 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
  • Attempt to gain unauthorized 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 manner that could damage, disable, or overburden our infrastructure
  • Collect or process data without proper consent as described in Section 3

We reserve the right to monitor usage and take action (including suspension or termination) at our sole discretion for any violation.

6. Account Security

You are responsible for maintaining the confidentiality of your account credentials. You are responsible for all activities under your account. Notify us immediately of any unauthorized access. We are not liable for losses arising from unauthorized use of your account.

7. Fees and Payment

You agree to pay all fees associated with your plan and usage. Fees are non-refundable unless otherwise stated. We may change pricing with reasonable notice. Failure to pay may result in suspension or termination of service. You are responsible for any taxes applicable to your use of the platform.

8. Intellectual Property

Loyarax and its licensors own all rights, title, and interest in the platform, including software, design, trademarks, and content. You receive only a limited, non-exclusive, non-transferable license to use the platform during your subscription. You may not copy, modify, or create derivative works. Your data remains yours; you grant us a license 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 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunity
  • Our total liability for any claims arising from or related to these Terms or the platform shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or one hundred euros (€100), whichever is greater
  • We are not liable for: (a) failures or delays in SMS/email delivery; (b) data loss; (c) third-party actions; (d) your misuse of the platform; (e) your failure to obtain consent or comply with laws; (f) force majeure events
  • Some jurisdictions do not allow limitation of liability; in such cases, our liability is limited to the maximum extent permitted by law

10. Indemnification

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

11. Termination

We may suspend or terminate your account at any time, with or without cause or notice. You may cancel your account at any time. Upon termination, your right to use the platform ceases immediately. We may retain your data for a reasonable period for backup, legal, or audit purposes. We are not obligated to provide you with a copy of your data upon termination, though we may do so at our discretion.

12. Disclaimers

The platform is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the platform will be uninterrupted, error-free, or secure. You use the platform 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 principles. Any dispute shall be resolved exclusively in the courts of that jurisdiction. You waive any right to participate in class actions. We may seek injunctive relief in any court of competent jurisdiction.

14. Changes to Terms

We may modify these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use after changes constitutes acceptance. Material changes may be communicated via email or in-app notice. If you do not agree to the changes, you must stop using the platform and cancel your account.

15. General

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Loyarax. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any right does not waive that right. You may not assign these Terms without our consent; we may assign them freely. No third party has any rights under these Terms.

16. Contact

For questions about these Terms: hello@loyarax.com