These Terms of Service (“Terms”) govern your use of LoyaltyKH (the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service. These Terms are mainly for merchants. How we handle personal data is described in our Privacy Policy.
1. Definitions
- Service: the LoyaltyKH dashboard, websites, and related software that let a business run a digital loyalty program.
- Merchant (“you”): the business, and the person accepting these Terms on its behalf, that uses the Service.
- Customer: an end customer who joins a merchant’s loyalty program.
- Pass: a digital loyalty card delivered to a customer’s Apple Wallet or Google Wallet.
2. Eligibility and your account
- You must be a business, or an authorized representative of one, and able to enter into a binding contract.
- You must give accurate account information and keep it up to date.
- You are responsible for keeping your password safe and for all activity under your account. Tell us promptly if you suspect unauthorized use.
3. The Service and its current stage
The Service lets you create a digital loyalty card, deliver it to your customers’ Apple Wallet or Google Wallet, track stamps or points, and send pass notifications.
Early-access notice. The Service is currently offered on an early-access basis. It is still being developed, may change, and may at times contain errors or be interrupted. We may add, change, or remove features at any time.
4. Pricing and billing
LoyaltyKH is in early access and free to use while we develop it. Your use may be subject to reasonable limits during this period.
If we introduce paid features in future, we will publish the terms and pricing, update this section, and show you any price before you are charged.
5. Your responsibilities toward your customers
You are responsible for how you collect and use your customers’ data through the Service. As the controller of that data, you must:
- give your customers a clear, legally compliant privacy notice for your loyalty program;
- have a lawful basis, and obtain any consent required, before enrolling customers or sending them notifications;
- use the Service and customer data only for legitimate loyalty purposes;
- comply with all applicable laws, including consumer-protection, data-protection, and anti-spam laws.
Because passes are delivered through third-party wallet platforms (including Apple and Google), you must also meet the requirements those providers place on businesses, including providing privacy notices and obtaining the rights and consents needed for the data you submit.
6. Acceptable use
You agree not to:
- use the Service for anything unlawful, misleading, fraudulent, or harmful;
- send unsolicited or deceptive messages, or content that is illegal or infringing;
- upload content you do not have the rights to, including logos and images;
- try to break, probe, or bypass the security of the Service, or reverse-engineer, scrape, or overload it;
- use the Service in a way that breaches the terms of the wallet or payment providers we rely on.
You are responsible for the content you upload and you confirm you have the right to use it.
7. Third-party services
The Service depends on third parties, including the Apple Wallet and Google Wallet platforms and our payment provider. Your use of those parts is also subject to their terms. We are not responsible for their availability, actions, or changes. Whether and when a pass or notification reaches a device is ultimately controlled by those providers, not by us.
8. Intellectual property
We own the Service and its software and branding. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service while these Terms are in effect. You keep ownership of the content you upload, and you grant us the license needed to host, process, and display it so we can provide the Service.
9. Disclaimer of warranties
The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that passes or notifications will always be delivered.
10. Limitation of liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, or consequential damages, or for lost profits, revenue, or data. Our total liability for any claim relating to the Service is limited to the amount you paid us in the twelve months before the event giving rise to the claim.
11. Indemnification
You agree to defend and indemnify us against claims, losses, and costs arising from your use of the Service, the content you upload, your handling of your customers’ data, or your breach of these Terms or of the law.
12. Suspension and termination
- You may stop using the Service and close your account at any time.
- We may suspend or end your access if you breach these Terms, fail to pay, create legal or security risk, or where required by law.
- When access ends, we handle your data as described in the Privacy Policy.
13. Changes to these Terms
We may update these Terms from time to time. For significant changes we will take reasonable steps to notify you. If you keep using the Service after a change takes effect, you accept the updated Terms.
14. Governing law and disputes
These Terms are governed by the laws of the Kingdom of Cambodia. You agree that the courts of Phnom Penh, Cambodia have jurisdiction over any dispute relating to the Service, unless the law gives you a right to bring it elsewhere.
15. General
These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service. If any part is found unenforceable, the rest stays in effect. Our not enforcing a right is not a waiver of it. We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign them without our consent.
16. Contact us
Questions about these Terms can be sent to LoyaltyKH at [email protected].