Terms and Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "Business User", or "Enterprise Client") and LOYO Loyalty Platform ("LOYO", "we", "us", or "our"). By accessing or using the LOYO platform, website, or any associated services, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

1. Definitions

In these Terms, the following definitions apply:

• Service: "Service" means the LOYO digital loyalty card management platform, including all websites, mobile applications, progressive web applications (PWA), APIs, dashboards, and associated tools operated by LOYO.
• Business User: "Business User" means any individual or entity that registers for a LOYO account to create and manage a loyalty programme for their business.
• End User: "End User" or "Customer" means any individual who participates in a loyalty programme created by a Business User through the LOYO platform, including delivery drivers or any other third party interacting with the platform via a Business User's programme.
• Enterprise Client: "Enterprise Client" means a Business User who has entered into a separate written Enterprise Agreement with LOYO for use of the Service across multiple locations or at an agreed commercial scale.
• Account: "Account" means the registered account created by a Business User to access and manage the Service.
• Subscription Plan: "Subscription Plan" means the Basic, Premium, or Enterprise plan selected by a Business User, as detailed on LOYO's pricing page.
• Location: "Location" means a single, distinct physical business premises from which a Business User operates their loyalty programme.
• Stamp Card: "Stamp Card" means the digital loyalty card created within the Service through which End Users collect stamps and redeem rewards.
• LOYN Points: "LOYN Points" means the engagement point currency issued by LOYO directly to End Users through the platform's wallet and rewards ecosystem, entirely separate from Business User-managed stamp card rewards.
• Content: "Content" means any data, text, images, or other materials uploaded, submitted, or created through the Service by a Business User.
• Intellectual Property: "Intellectual Property" means patents, trademarks, service marks, copyrights, trade secrets, and all other proprietary rights.
• Privacy Policy: "Privacy Policy" means LOYO's Privacy Policy published at loyoloyalty.com/privacy, as updated from time to time.

2. Description of Service

LOYO is a digital loyalty programme management platform that enables Business Users to create, configure, and operate digital stamp card loyalty programmes. The Service includes tools for QR code generation, stamp automation, customer analytics, promotional campaign management, and (for eligible plans) multi-location programme oversight.

2.1 Service components

• Digital stamp card creation and management
• QR code generation for stamp collection
• Automated stamp award logic with configurable rules and daily caps
• Customer-facing Progressive Web Application (PWA) for End User wallet and stamp card management
• LOYN engagement points and badge system (End User-facing, managed independently by LOYO)
• Customer referral system (customer-to-customer and customer-to-business)
• Promotional campaign tools including birthday offers, win-back campaigns, and coupon distribution
• Analytics dashboard for customer behaviour and programme performance
• Enterprise dashboard and multi-location management tools (Enterprise plans only)

2.2 Plan tiers and location restrictions

LOYO offers the following subscription tiers. Each tier is subject to the location and usage restrictions set out below:

3. User accounts and registration

3.1 Account creation

To access the Service as a Business User, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Keep your password and authentication credentials secure and confidential
• Accept full responsibility for all activities conducted under your account
• Notify LOYO immediately at [email protected] of any unauthorised access or suspected security breach

3.2 Third-party authentication

LOYO offers Google OAuth and other approved third-party authentication methods. By using these sign-in options you authorise LOYO to access limited account information as described in the Privacy Policy and in compliance with the Google API Services User Data Policy. LOYO staff will never ask for your password.

3.3 Account security

You are solely responsible for maintaining the security of your account credentials. LOYO will not be liable for any loss or damage arising from your failure to comply with these security obligations.

4. Acceptable use and fair use policy

4.1 Permitted use

You may use the Service solely for lawful business purposes in connection with operating a legitimate customer loyalty programme, subject to these Terms and any applicable laws.

4.2 Prohibited conduct

You agree not to use the Service to:

• Violate any applicable local, state, national, or international laws or regulations
• Infringe any third party's intellectual property, privacy, or other rights
• Transmit harmful, offensive, defamatory, or unlawful content
• Interfere with, disrupt, or attempt to gain unauthorised access to the Service or its infrastructure
• Use the Service for fraudulent, deceptive, or misleading purposes, including creating false stamp awards or manipulating loyalty programme results
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Resell, sublicense, or otherwise commercialise access to the Service without LOYO's prior written consent
• Use automated tools, bots, or scripts to generate stamps, points, or engagement data in a manner not sanctioned by LOYO
• Circumvent any usage restrictions, location caps, or fair use limits applied to your account

4.3 Fair use and usage limits

LOYO operates the Service across shared infrastructure. To ensure quality for all users, the following fair use policy applies:

• Each account is subject to reasonable usage thresholds appropriate to its Subscription Plan and single-location licence
• LOYO reserves the right to apply throttling, rate limits, or usage caps to accounts that generate transaction volumes, API calls, or data storage materially exceeding normal usage patterns for the applicable plan tier
• Where an account's usage significantly impacts platform performance or other users, LOYO will endeavour to provide reasonable notice before applying restrictions, except where immediate action is necessary to protect platform integrity
• Accounts operating at volumes consistent with multi-location use on a single-location plan will be treated as operating in breach of Section 2.2

4.4 Enforcement process

Where a Business User is found to be in breach of this Acceptable Use Policy, LOYO will, where practicable:

• Issue a written warning via email specifying the nature of the breach
• Allow a reasonable cure period of not less than 7 days for the Business User to remedy the breach
• Suspend or restrict the account if the breach is not remedied within the cure period
• Terminate the account in cases of repeated breach, material breach, or breach posing immediate risk to the platform or other users

Notwithstanding the above, LOYO may suspend any account without prior notice where the breach poses an immediate risk to platform security, data integrity, or the rights of other users or End Users.

5. Business use, compliance and End User obligations

5.1 Business User obligations

As a Business User, you agree to:

• Comply with all applicable consumer protection, advertising, and data protection laws in your jurisdiction
• Honour all loyalty programme commitments made to End Users, including stamp card rewards and promotional offers
• Provide clear, accurate, and complete terms for your loyalty programme, including reward conditions and expiry dates
• Not engage in misleading, deceptive, or unconscionable practices in connection with your use of the Service
• Obtain all necessary consents from End Users for the collection, use, and processing of their personal data in connection with your loyalty programme, in accordance with the Privacy Policy and applicable law
• Ensure your use of the Service complies with any franchise, licensing, or regulatory obligations applicable to your business

5.2 End User data: roles and responsibilities

LOYO facilitates interactions between Business Users and their End Users, including customers, delivery drivers, and other third-party participants. In this context:

• Business Users are the data controllers for End User personal data collected through their loyalty programmes and bear full responsibility for compliance with applicable privacy laws
• LOYO acts as a data processor for End User personal data collected through a Business User's account, subject to the Privacy Policy
• Business Users must not use End User data for any purpose beyond the operation of their loyalty programme without explicit consent from each End User
• LOYN Points, the badge system, and the LOYO gift card redemption features are managed directly by LOYO as a separate engagement layer. Business Users have no control over, or liability for, LOYN Points balances or redemptions
• Stamp card rewards (such as free items or discounts) are entirely the responsibility of the Business User. LOYO is not a party to the reward obligation between Business User and End User

Full details of how LOYO handles personal data, including End User data, Business User data, and data collected via Google OAuth, are set out in the Privacy Policy at loyoloyalty.com/privacy.

5.3 Delivery driver and third-party programmes

Where a Business User operates a loyalty programme targeting delivery drivers, third-party couriers, or other non-customer participants:

• Participation must be voluntary and drivers must be informed of what data is collected and how it is used
• The Business User acknowledges that delivery platform operators (such as DoorDash, Uber Eats, or similar) are not party to any arrangement made through LOYO, and LOYO makes no representations regarding compliance with those platforms' own terms
• The Business User is solely responsible for the design, fairness, and legality of any reward structure directed at third-party participants

6. Subscription plans and payment terms

6.1 Subscription fees

LOYO's Subscription Plans are described on the LOYO pricing page at loyoloyalty.com. Fees are billed in advance on a monthly or annual basis depending on the plan selected. By subscribing, you agree to:

• Pay all applicable fees on time using a valid payment method
• Provide and maintain accurate billing information
• Notify LOYO of any billing disputes within 30 days of the relevant invoice date
• Accept that subscription fees are non-refundable except as expressly stated in these Terms or required by applicable law

6.2 Free trial

LOYO may offer a free trial period for new accounts. The following conditions apply:

• A valid payment method must be provided to activate a free trial
• You will not be charged until the trial period ends
• You may cancel before the trial end date to avoid being charged
• LOYO will send reminder communications before the trial expires
• Free trial entitlements are limited to one per business entity. Creating multiple accounts to access repeated free trials constitutes a breach of these Terms

6.3 Plan changes and upgrades

You may upgrade your Subscription Plan at any time. Downgrades take effect at the end of the current billing period. Where a Business User requires multi-location functionality, they must contact LOYO to arrange an Enterprise Plan prior to operating across more than one location.

6.4 Cancellation

You may cancel your subscription at any time through your account dashboard or by contacting [email protected]. Upon cancellation, your access to the Service continues until the end of the current billing period. No partial refunds are issued for unused periods except at LOYO's discretion or where required by law.

6.5 Price changes

LOYO reserves the right to modify subscription pricing with at least 30 days written notice. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing. Enterprise clients with fixed-term agreements are subject to the pricing specified in their Enterprise Agreement for the agreed term.

6.6 Taxes

All fees are exclusive of applicable taxes including GST, VAT, or sales tax, unless otherwise stated. You are responsible for all applicable taxes in your jurisdiction.

7. Enterprise plans

Enterprise clients are subject to a separately executed Enterprise Agreement in addition to these Terms. The Enterprise Agreement governs:

• The number of licensed locations
• Custom pricing, platform fees, and payment schedules
• Service Level Agreement (SLA) commitments including uptime guarantees and support response times
• Data handling, security, and compliance obligations specific to the enterprise engagement
• Rollout plans, onboarding support, and implementation milestones
• Governing law and dispute resolution preferences

In the event of a conflict between these Terms and the Enterprise Agreement, the Enterprise Agreement prevails to the extent of the inconsistency.

8. Service availability and uptime

8.1 Uptime targets

LOYO targets the following monthly uptime levels for each plan tier:

8.2 Scheduled maintenance

LOYO may temporarily suspend the Service for scheduled maintenance, updates, or operational improvements. Where practicable, LOYO will provide at least 48 hours advance notice of scheduled maintenance via email or in-platform notification. Emergency maintenance may be performed without advance notice.

8.3 Force majeure

LOYO shall not be liable for any failure, delay, or degradation in Service performance caused by circumstances beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, or extreme weather events
• Cyberattacks, distributed denial-of-service attacks, or security incidents affecting LOYO or its infrastructure providers
• Failures of third-party infrastructure, cloud hosting providers (including AWS, Google Cloud, or similar), or telecommunications networks
• Government actions, sanctions, or regulatory directives
• Pandemic, epidemic, or public health emergency

In such circumstances, LOYO will use reasonable endeavours to restore the Service as quickly as practicable and will communicate with affected users.

9. Intellectual property

9.1 LOYO intellectual property

The Service, including its design, software, algorithms, features, functionality, branding, and all associated documentation, is owned by LOYO and protected by Australian and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in LOYO's intellectual property except the limited licence to use the Service as described herein.

9.2 User content licence

You retain ownership of all Content you create using the Service, including stamp card designs, campaign assets, and programme configurations. By submitting Content to the Service, you grant LOYO a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, and process your Content solely for the purpose of providing the Service to you. This licence terminates upon account closure subject to data retention obligations.

9.3 Feedback

If you provide LOYO with feedback, suggestions, or ideas about the Service, you grant LOYO the right to use such feedback without restriction and without obligation to compensate you.

10. Privacy and data protection

LOYO takes the privacy and security of personal data seriously. The collection, use, storage, sharing, and deletion of personal data, including Business User data, End User data, and data obtained via third-party authentication, is governed exclusively by LOYO's Privacy Policy.

The following contractual obligations relating to data apply under these Terms:

• Business Users must obtain all necessary consents from End Users before collecting their personal data through the Service
• Business Users are the data controllers for End User data and are solely responsible for compliance with applicable privacy laws in their jurisdiction
• Upon termination of your account, LOYO will retain your data for 90 days during which you may request an export. After 90 days, data will be permanently deleted except where retention is required by law
• LOYO acts as a data processor for End User data collected through Business User accounts, in accordance with the Privacy Policy

11. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party in connection with the Service ("Confidential Information"). This obligation does not apply to information that:

• Is or becomes publicly available through no breach of these Terms
• Was already known to the receiving party prior to disclosure
• Is independently developed without reference to the Confidential Information
• Is required to be disclosed by law, court order, or regulatory authority (with prompt notice to the disclosing party where legally permissible)

Enterprise clients may be required to execute a separate Non-Disclosure Agreement as part of their Enterprise Agreement.

12. Termination

12.1 Termination by Business User

You may terminate your account at any time by cancelling through your account dashboard or contacting LOYO. Termination does not entitle you to a refund of prepaid fees except as required by law.

12.2 Termination by LOYO

LOYO may terminate or suspend your account with immediate effect and without prior notice in the following circumstances:

• Material breach of these Terms, including breach of the single-location policy in Section 2.2
• Non-payment of fees for more than 14 days after the due date
• Fraudulent, abusive, or illegal use of the Service
• Actions that pose a risk to the security, integrity, or performance of the platform or other users
• Insolvency, bankruptcy, or equivalent proceedings affecting the Business User

In non-urgent cases, LOYO will follow the enforcement process described in Section 4.4 before terminating.

12.3 Effect of termination

Upon termination:

• Your access to the Service will cease on the effective termination date
• You remain responsible for all fees accrued to the termination date
• LOYO will retain your data for 90 days as set out in the Privacy Policy and Section 10 of these Terms
• Sections 9, 10, 11, 13, 14, 15, 16, and 18 survive termination

13. Warranties and disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOYO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Service will be uninterrupted, error-free, or free of harmful components
• Any warranty regarding the accuracy, reliability, or completeness of any data or analytics provided through the Service

Nothing in these Terms excludes warranties that cannot be excluded under applicable Australian Consumer Law or other mandatory consumer protection legislation.

14. Limitation of liability

To the maximum extent permitted by applicable law:

• LOYO's total aggregate liability to you for any and all claims arising out of or in connection with the Service shall not exceed the total fees paid by you to LOYO in the 12 months preceding the event giving rise to the claim
• LOYO shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, revenue, data, goodwill, or business opportunity
• LOYO shall not be liable for any loss or damage arising from your reliance on analytics or reporting data provided by the Service
• LOYO shall not be liable for any acts or omissions of third-party delivery platforms, payment processors, or other third-party services used alongside the Service

These limitations apply regardless of the form of action and even if LOYO has been advised of the possibility of such damages. Nothing in these Terms limits LOYO's liability for death or personal injury caused by LOYO's negligence, fraud, or any other liability that cannot be excluded by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless LOYO and its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Service in violation of these Terms
• Your loyalty programme, including any disputes with End Users about rewards, stamps, or programme terms
• Your collection, use, or mishandling of End User personal data
• Your violation of any applicable law or third-party rights
• Any claim brought by a delivery platform operator arising from your use of LOYO in connection with delivery driver programmes

16. Governing law and dispute resolution

16.1 Governing law

These Terms are governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. The courts of Australia shall have non-exclusive jurisdiction over any disputes arising under these Terms.

16.2 Enterprise clients: governing law

For Enterprise clients, the governing law and jurisdiction may be varied by express written agreement in the Enterprise Agreement. LOYO acknowledges that US-based Enterprise clients may require the election of a US state law and jurisdiction, which may be negotiated as part of the Enterprise Agreement.

16.3 Dispute resolution

Before initiating formal legal proceedings, both parties agree to attempt to resolve any dispute through good faith negotiations for a period of at least 30 days following written notice of the dispute. If the dispute cannot be resolved through negotiation, either party may pursue its legal remedies.

17. Changes to Terms

LOYO reserves the right to modify these Terms at any time. We will notify Business Users of material changes via email at least 14 days before the changes take effect and through an in-platform notice. For non-material changes, we may update the Terms without notice.

Continued use of the Service after the effective date of any change constitutes acceptance of the revised Terms. If you do not accept the revised Terms, you must cease using the Service and cancel your account before the effective date.

Enterprise clients with fixed-term agreements will not be subject to unilateral changes to these Terms during their fixed term, except where required by law.

18. General provisions

18.1 Entire agreement

These Terms, together with the Privacy Policy and any Enterprise Agreement, constitute the entire agreement between you and LOYO with respect to the Service and supersede all prior agreements, representations, and understandings.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions continue in full force and effect.

18.3 Waiver

No failure or delay by LOYO in exercising any right under these Terms constitutes a waiver of that right. A waiver is only effective if made in writing and signed by an authorised representative of LOYO.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without LOYO's prior written consent. LOYO may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets without your consent.

18.5 Relationship of the parties

Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and LOYO. You have no authority to bind LOYO in any way.

18.6 Notices

Legal notices to LOYO must be sent to [email protected]. LOYO will send notices to you at the email address registered to your account. Notices are deemed received 24 hours after sending by email.

19. Contact information

This document was last updated in March 2026 and supersedes all previous versions of LOYO's Terms and Conditions. For privacy matters, please refer to the LOYO Privacy Policy at loyoloyalty.com/privacy.