"Loyverse" – the collection of Software, Applications, Sites, services, documents, text, graphics and other materials that make possible using the Services.
"Application" means the software provided by Loyverse, including the Merchant application, providing the Merchant with an opportunity to carry out his/her own loyalty program, to send special offers to the User and the User's application, which provides the services of Loyverse, any updates, and any other software that enables one to use Loyverse.
"Services" – services provided by means of the Site and/or Loyverse applications.
"Content" – text, graphics, audio and video materials, documentation, information posted in Loyverse (on the Site and/or in the Application), perceivable by a person or with the help of special devices.
"Merchant" – any person using the Merchant app, sales, as well as the Loyverse Site.
"User" – any person using the User application, Loyverse Site, and/or who has given the consent to the Merchant to be registered with Loyverse.
"Rewards" – these are points, bonuses, discounts, and other offers that are provided by the Merchant to the Users and which act exclusively in the shops of such Merchants.
"User Account" – a collection of user data stored in a computer system, necessary for his/her identification (authentication) and the provision of access to his/her personal data and settings in Loyverse and which is assigned a unique identifier, ID-code, stored in the Loyverse database.
"Personal information" – information provided by the Merchant and/or User during registration (obtaining personal password/login) and at the creation of the User Account.
"You / Yours" refers to the User or the Merchant (where appropriate).
Use of the Site and Services
Using the Site and browsing the Content does not require registration.
The User can use the Application without confirming the e-mail address he/she specified (provided). The confirmation of the e-mail addresses can be completed at a convenient time and is a prerequisite for the use of rewards accrued to him/her, if any.
Persons under 13 years of age (or under another age established by law in the relevant jurisdiction) may not use Loyverse. Persons under the age of majority may use Loyverse, with or without registration, only with the approval of a parent or a guardian, unless otherwise provided by the law in the relevant jurisdiction.
Your use of Loyverse does not imply any responsibility by Loyverse for the accuracy, availability, and reliability of any information, content, products, data, opinions, advice, or statements that have become available due to the use of Loyverse. This means that in using Loyverse, You alone are responsible for the information that has become available to You, including texts, photos, messages, and other types of information, as well as compliance with all regulations and laws that may govern such a placement, publication, notification, etc.
The decision on the purchase of goods and/or agreement with the terms of receipt of Rewards offered by the Merchant are taken by Users independently and do not involve any direct or indirect approval and/or recommendations, as well as control, on the side of Loyverse.
All claims, including claims related to any information, content, products, data, opinions, advice, statements, etc., made available in connection with the use of Loyverse, shall be presented to the person who placed and/or published such information in Loyverse. In such cases, Loyverse does not purport a proper party in the event of any dispute, controversy, conflict, and conflict resolution. Loyverse reserves the right, but not the obligation, to participate in and/or contribute to a just settlement of such disputes, disagreements, and conflicts, as required by law or the business practice.
User Account, password, and security
At registration, You yourself decide the information You want to tell about yourself. At the time of the registration of Your User Account, the system assigns You a unique ID-code to identify You as a Merchant and/or User. Loyverse does not require your real name to be used as the Username, but can ask the Merchant to provide information about its business, such as the name of the business, its address, business phone number, tax identification number (or other similar identification numbers), including other information which can also be considered public, according to the law in force on the territory where the Merchant conducts his/her activity.
Listed below are some obligations that you take up at registration and which are required for the registration of your User Account:
Do not create a User Account for other persons without their permission.
Do not use personal information of any person with the intent to impersonate that person.
Do not use a nickname that is offensive, vulgar, obscene, or illegal.
If your account will be blocked, do not create another one without permission from Loyverse.
Persons under the age of 13 (or under another age prescribed by law in the relevant jurisdiction) may not use Loyverse.
The minors may be limited to using Loyverse unless otherwise provided by the law in the relevant jurisdiction.
You shall specify precise information when creating a User Account in order to avoid errors when using Loyverse, as well as for maintaining appropriate relationships between the Merchant and the User.
You will not grant access to Your User Account to unauthorized persons and will not perform any other actions that may endanger the safety of Your User Account.
When You are choosing a username or a similar means of identification for Your User Account, You agree that the User Account can be removed or have restricted access (for example, if the owner of a trademark (brand) complains about the person who violates his/her rights and interests by using his/her User Account the name of a known brand or trademark).
Immediate identification, which may imply the exchange of personal data of the Merchant and/or User, occurs in real life at the time of the sale of goods and services in accordance with the requirements of the law and/or business practice, whereas for the purposes of using Loyverse, there is no need for personal identification.
The data provided by You to register the User Account can be changed to your liking, with the exception of the e-mail address specified at the registration of Your User Account.
If you forget the password of your User Account, You can restore it by following the instructions sent to you by e-mail, at the address provided during Your registration. If the access to the e-mail specified during the User Account registration is limited or not possible for whatever reasons, then the password for this account cannot be subject to recovery.
You bear the sole responsibility for the maintenance and security of Your password and/or mobile device, and You alone are responsible for all activities that involve Your User Account.
You agree that by providing any information when using Loyverse, You confirm that You have that right. In this case, you will automatically pass to Loyverse the non-exclusive, royalty-free and perpetual license, without territorial restrictions, to use this information in any manner (including, without limitation, editing, copying, modifying, transferring, reformatting, using for other materials, making derivative works, advertising, mass distribution, and publishing of the content, in part or in whole, in any format or carrier).
You acknowledge and accept the lack of guarantees related to round the clock access to Your Loyverse User Account, as well as the Loyverse quality, accuracy, functionality, and efficiency due to unforeseen circumstances, scheduled maintenance works, or for any other reason.
You can report the unauthorized (without your knowledge) use of Your Loyverse User Account or any other breach of security by contacting the support or using the feedback form. In this case, depending on the circumstances, measures are taken to either lockout or remove Your User Account.
You can also complain about the owner of a User Account (for example, the Merchant) if it does not correspond to reality. The number of complaints, in this case, is not the determining factor for carrying out any action in relation to a User’s Account; what is taken into account is the validity of claims based on the violations of the law, business practices, and public conscience.
If You download or use the Loyverse app, then You agree that from time to time, the application can download and install updates in order to improve and further enhance the quality of the work.
Loyverse allows Merchants and persons authorized by the Merchant to edit and correct data about their items, services, and/or Loyverse activities, using and self-modeling a system of Rewards for the Users. Hence, a relationship between the Merchant and the Users arise which is based on terms accepted by them individually, to agree or disagree with which is the exclusive right and responsibility of each party.
All the Rewards, available in relation to the use of Loyverse, are provided directly by the Merchant responsible for the given Rewards and are guaranteed exclusively for the corresponding goods or services by the given Merchant. The User can benefit from accumulated Rewards only at the Merchant who provided that for him/her.
The Merchant who provides the Rewards shall be fully and solely responsible for ensuring the guaranteed conditions for the Users to receive the Rewards.
You agree and are taking into account the fact that Loyverse shall not be liable: a) if the Merchant, for any reason, refuses or is not able to fulfill the promise, and b) if the User has not been accrued rewards in connection with incorrectly specified information during the registration of the User Account.
Merchant Account can be deleted, changed or blocked, either temporarily or permanently, with or without prior notice in the case of the existence of facts supporting the violation of the laws in the relevant jurisdiction. In this case, the Merchant is solely responsible for the violations he/she has committed.
The above condition does not exclude the possibility of a User to lodge a complaint with the Loyverse Support, but also does not guarantee its satisfaction. As for the settlement of any contentious relationship of the Merchant and User, a special settlement procedure can be provided. This also means that the relationships of the Merchant and/or User are based on the principles of fairness, reasonableness, and/or the business practices, and in specific cases, on the basis of norms and provisions of existing laws, where the Merchant and the User are only accountable to one another.
Mobile services and notifications
Loyverse includes certain features that are available via your mobile device, including (I) the ability to download mobile Loyverse App, (II) the opportunity to get acquainted with the functioning of Loyverse software, (III) the ability to access certain Loyverse features via mobile Application.
When using mobile devices, personal computers, tablets, and other devices that allow the use of Loyverse, You shall take into account the quality of the services by the Internet service provider, the Internet speed. The Internet connection tariff and speed are determined by the Internet provider You chose.
You understand and agree that by using Loyverse, you can be subject to sending text messages, push-notifications (brief notifications popping up on your mobile phone, informing about events and updates), and/or other notifications, and that certain information about your use of mobile communications can be passed to Loyverse.
Loyverse does not favor spam. Customers/Merchants using Loyverse can be notified regarding the accrual/writing off of rewards, site updates, and maintenance works, as well as other notifications.
Users may opt out of any notifications by Merchants by following the steps outlined in such notifications or using the Loyverse application settings.
Merchant undertakes to use in good faith the opportunity of informational notification, that is, not to abuse of such opportunity, and/or otherwise, harass the User.
Notifications and alerts sent by the Merchant shall comply with the Advertising Policy, as well as other rules and/or laws of the relevant jurisdiction for the violation of which the Merchant bears personal responsibility.
The unwanted use or misuse of Loyverse can lead to an immediate lockout or deletion of the Merchant and/or User Account without any reciprocal obligation for such actions.
Otherwise, you assume any liability, if any.
The fee for the use of Loyverse
In certain cases, the use of Loyverse may require paying a subscription fee as described in the Pricing section of this website. Some subscriptions may include a free trial period. All prices given are exclusive of any and all taxes and payment of such taxes, when applicable, remains your responsibility. EU customers may be charged value-added tax (VAT).
To pay for Loyverse services, you must provide a valid credit or debit card. Accounts are billed on a monthly or annual basis depending on the chosen billing cycle. All charges are non-refundable without exceptions. If you paid your subscription for a month (or any other period) in advance, Loyverse will not provide any refund or credit for any remaining prepaid period of the subscription.
You can cancel your subscription at any time. Upon cancellation, you can still use the part of Service that is provided for free. You are responsible for any charges you committed to or incurred before the cancellation. No refunds will be provided in case the cancellation occurs before the end of a prepaid period.
Prices are subject to change at any time. Loyverse will inform you of such changes by e-mail and/or support chat 30 days in advance.
Loyverse reserves the right to discontinue or modify any part of the service on reasonable notice. Such notice may not be provided in case of emergencies of technical or other nature. Neither you nor any third-party shall hold Loyverse liable for any price change, modification, or discontinuation of the service.
You understand that the responsibility for all the information including data, text, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly or privately posted, falls on the person who provided such Content. This means that You are responsible for all the Content that You, including but not limited to upload, post, e-mail, or otherwise transmit using Loyverse.
When using Loyverse, you should not violate the rights and interests of third-parties protected by law in any way. You understand and agree that no one can derive benefits from his/her illegal or dishonest behavior.
Merchant and User interaction by means of Loyverse should be based on honesty, good faith, rationality, and respect for the interests of the other party.
For example, the Merchant’s good faith in giving the promised rewards to the Users can be defined as "an honest purpose" and "sincere desire" to fulfill promises.
Under no circumstances is Loyverse responsible for any materials posted by Merchants and/or Users, including for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of misuse of such Content via Loyverse and/or third-parties.
If you become aware of any violations that may be considered offensive, indecent, or objectionable, violating Your rights, as well as the rights and interests of third-parties, you may submit a reasoned appeal to Loyverse support service, describing the relevant facts. In this case, Loyverse has the right (but not the obligation), in its sole discretion, to take appropriate actions, depending on the circumstances.
In the case of violation of the above conditions, You agree and bear in mind that Your account may be temporarily blocked or permanently deleted, or otherwise limited to use Loyverse, without any reciprocal obligations on the part of Loyverse.
Intellectual property rights
You acknowledge and agree that Loyverse may have Content that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws governing such legal relations.
Except as expressly provided by the Terms and Conditions, You agree not to use such Content in bad faith, in whole or in part, including but not limited to because such use would be in direct violation of copyright rights and interests, and the rights and interests of other Users and/or Merchants.
By posting on the Site or Loyverse application information on trademarks and other data protected by copyright, You represent and warrant the availability of appropriate rights for this placement.
Any agreements which actually occur between the Merchants and Users, resulting in the use of Loyverse loyalty programs, are carried out voluntarily and at your own risk, for which Loyverse is not liable for any losses or claims, if any.
Disclaimer of Warranties
THE USE OF THE LOYVERSE SOFTWARE IS CARRIED OUT AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE". THE USE OF LOYVERSE DOES NOT PROVIDE ANY WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED NON-INFRINGEMENT WARRANTIES. THE USE OF LOYVERSE DOES NOT PROVIDE ANY WARRANTIES THAT (I) LOYVERSE WILL MEET ALL YOUR REQUIREMENTS, (II), LOYVERSE WILL WORK IN AN UNINTERRUPTED, SECURE, OR ERROR-FREE FASHION, (III) THE RESULTS THAT MAY BE OBTAINED FROM USING LOYVERSE, WILL BE ACCURATE OR RELIABLE OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED FROM MERCHANTS USING LOYVERSE WILL MEET ALL YOUR REQUIREMENTS.
YOU UNDERSTAND AND AGREE THAT BY USING LOYVERSE, YOU ALONE ARE RESPONSIBLE AND SHALL NOT HOLD LOYVERSE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING (WITHOUT LIMITATION) LOSS OF REPUTATION, USE OF PERSONAL DATA OR OTHER INTANGIBLES ON THE BASIS OF THE AGREEMENT, OFFENSES, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE (WITHOUT LIMITATION), RESULTING FROM: (I) THE USE OR INABILITY TO USE LOYVERSE; (II) SPENDING ON GOODS, THEIR REPLACEMENT AND/OR OTHER AS A RESULT OF DATA, INFORMATION, COMMUNICATIONS RECEIVED FROM LOYVERSE AND/OR OTHERWISE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR COMMUNICATIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY USING LOYVERSE; OR (V) ANY OTHER MATTER RELATING TO THE USE OF LOYVERSE.
The above conditions are caused by the fact that Loyverse, designed for the convenience and ease of the User–Merchant relationships is not a guide to action, and does not control the good faith of its use; therefore, the use of the functionality and capabilities of Loyverse is the sole responsibility of the User and the Merchant, individually.
Loyverse does not welcome any disputes between Users and Merchants, which lead to differences in the use of Loyverse, but does not exclude the possibility that such may occur.
You agree that by using Loyverse, You shall be solely responsible for any action in relation to such use.
In the event of a disputed relationship, including the relationship between the Merchant and the User, Loyverse bears no responsibility or liability regarding any party in their decision. However, Loyverse reserves the right, but not the obligation, to participate in any of these disputes aiming to achieve reconciliation, to seek the truth and justice, as well as to bring to justice the responsible ones, if any.
Support and feedback
Please contact us at email@example.com to receive answers to your questions or to make suggestions.
Cavius International Limited
Pandoras, 21, Hadjimatheou Yiannouri Court, Office 10
Larnaca, 6042, Cyprus
FIVE GALAXIES LLC
113 CHERRY ST STE 77626
SEATTLE WA 98104