Conditions d’utilisation

01About these terms

These terms are an agreement between your business and FPontes LTD, trading as LoyaltyFlow (“LoyaltyFlow”, “we”, “us”). FPontes LTD is a company registered in [England and Wales] with company number [company number], whose registered office is at [registered office address].

They apply when you create a LoyaltyFlow account or use the service. If you accept them on behalf of a business, you confirm that you are allowed to bind that business.

LoyaltyFlow is a service for businesses. It is not offered to consumers, and you must use it for your business only.

Our privacy policy explains how we handle personal information. Our data processing agreement forms part of these terms.

02The service

LoyaltyFlow lets you run a loyalty programme. You design a stamp or points card; your customers (“members”) join and save the card to Apple Wallet or Google Wallet, or keep it as a web page; and your staff add stamps, points and rewards with the staff app. Depending on your plan, the service also includes join pages, posters, analytics, exports, campaigns, automations and integrations.

What each plan includes is shown on our pricing page when you subscribe. We may improve and change the service. If we remove a feature that is a main part of your plan, we will tell you at least 30 days in advance, and you may cancel.

03Your account and your team

• Give us accurate details and keep them up to date.
• Keep passwords, staff PINs and paired shop phones secure. You are responsible for what happens under your account, including what your staff do with it.
• Tell us straight away if you think your account has been misused.
• You must confirm your email address before your join page goes live.

04Free trial

A new business can have one free trial of the plan it chooses, for 7 days. We ask for a payment card when the trial starts, but we do not charge it during the trial.

Unless you cancel before the trial ends, your subscription starts automatically when the trial ends. We then charge the price shown at checkout, and again at the start of each billing period, until you cancel. We will email you before the trial ends.

We may refuse or end a trial if we reasonably believe it is being misused, for example a second trial for the same business.

05Plans, prices and payment

• Plans are billed monthly or yearly, in advance, in pounds, euros or US dollars depending on your country.
• Payments are processed by Stripe. Card details go to Stripe and never reach us.
• Prices are those shown when you subscribe. [VAT and other taxes: to be confirmed in the legal review, including whether prices include or exclude them.]
• We may change prices by giving you at least 30 days’ notice by email. A new price applies from your first billing period after the notice ends. If you don’t agree, you can cancel before then.
• You can change plan or billing period in your dashboard. If you move to a plan with lower limits, you choose which locations and cards stay active; the rest are paused, not deleted.
• Fees already paid are not refundable, except where the law requires it or we agree otherwise in writing.

06If a payment fails

If a payment fails, we will tell you and Stripe will try again. If the amount is still unpaid 7 days later, your account is paused: the dashboard becomes read-only, staff can’t add stamps or points and new members can’t join. Paying what is due switches everything back on.

07Cancelling

You can cancel at any time in your dashboard. Your plan continues until the end of the period you have paid for and then ends. If you cancel during a free trial, you will not be charged.

08What happens when your plan ends

• Your dashboard becomes read-only, but you can still export your data and manage billing.
• Staff can’t add stamps or points, and new members can’t join.
• If you cancelled, staff can still redeem rewards that members have already earned for 30 days after your plan ends.
• 30 days after your plan ends, members’ cards show that your programme has ended.
• 90 days after your plan ends, we delete your account data. We email you a link to export it before we do.
• Members can always view or delete their own card.

09Your loyalty programme

You decide your programme’s rules and rewards. You are responsible for them, for honouring rewards your members have earned, and for following the consumer-protection, advertising and other laws that apply to your programme, including the rules for any prize draws or competitions you run.

Tell your members the rules of your programme. Your join page and card show the information you enter, so make sure it is accurate.

We are not part of the relationship between you and your members, and we don’t promise that people will join, visit or redeem.

10Your brand on Wallet passes

To provide LoyaltyFlow, we need to show your brand. You grant FPontes LTD a non-exclusive, worldwide, royalty-free licence to use, copy, adapt (for example resize, crop or recolour), display and send to Apple, Google and your members’ devices your business name, logos, trade marks, colours, images and the text you enter (“your brand content”), for as long as you use LoyaltyFlow and during the periods in What happens when your plan ends.

This includes showing your brand content on the Apple Wallet and Google Wallet passes that we create, sign and update on your behalf using our own Apple and Google developer accounts, and on your join page, card pages, posters, emails and dashboard. Apple and Google may show FPontes LTD or LoyaltyFlow as the issuer of a pass; the card itself shows your business name and branding.

You confirm that you own your brand content or have permission to use it in this way, and that using it as described won’t infringe anyone’s rights or break the law. You are responsible for claims that arise from your brand content.

Your brand content and messages must follow Apple’s and Google’s rules for Wallet passes. We may refuse, remove or change content on a pass if Apple, Google or the law requires it, or if it is misleading or harmful.

When your account is deleted this licence ends, except that passes already saved on members’ phones may keep showing your brand content until the member removes them. We mark those passes as ended.

We will not name you as a customer or show your brand in our own marketing without your permission.

11Your members’ data

You are the controller of your members’ personal data and we process it on your behalf, as set out in our data processing agreement.

• You are responsible for having a lawful basis for the personal data you collect or import, including permission to send members your news.
• LoyaltyFlow only sends campaigns and automations to members who ticked the box to receive them. Don’t ask us, or use the service, to message anyone else.
• Don’t put sensitive information, such as health details, in card fields, rewards or messages.

12Acceptable use

• Use LoyaltyFlow only for a genuine loyalty programme for your own business.
• Don’t send spam or misleading messages, or pretend to be another business.
• Don’t use LoyaltyFlow for anything illegal, or to promote goods or services that Apple’s or Google’s Wallet rules don’t allow.
• Don’t try to break, overload or get around the security or limits of the service, or copy or reverse-engineer it.
• Don’t resell the service or provide it to others without our written permission.

13Apple, Google, Stripe and other services

LoyaltyFlow relies on services run by others, such as Apple Wallet, Google Wallet, Stripe and, if you connect it, Square. Their availability and rules are outside our control, and they may change how their products work.

For example, whether and when a card appears on a lock screen is decided by the member’s phone. We don’t promise that any notification or suggestion will be shown. If you connect Square, Square’s own terms also apply.

14Availability and support

We work to keep LoyaltyFlow available and secure, but we don’t promise that it will always be available or free of errors. We may carry out maintenance, and we try to do it at quiet times. Support is by WhatsApp and email.

15Our property

We own LoyaltyFlow, its software and its designs. These terms let you use the service while your subscription is active; they don’t give you ownership of it. If you send us ideas or feedback, we may use them without owing you anything.

16Liability

• Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that the law does not allow us to limit.
• Apart from that, we are not liable for loss of profit, revenue, business, goodwill or data, or for any indirect or consequential loss.
• Our total liability to you in any 12-month period is limited to the fees you paid us in that period.
• You are responsible for losses we suffer because of your brand content, your programme or your breach of these terms.

17Suspension and closing an account

We may suspend or close your account if you seriously or repeatedly break these terms, if you don’t pay, if your use could harm others or us, or if the law requires it. Where it is reasonable, we will warn you first and give you a chance to put things right. You can close your account at any time.

18Changes to these terms

We may update these terms. If a change matters to you, we will email you at least 30 days before it takes effect. If you keep using LoyaltyFlow after that, the new terms apply; if you don’t agree, you can cancel before then.

19Law and disputes

These terms are governed by the law of [England and Wales], and the courts of [England and Wales] have exclusive jurisdiction. [To be confirmed in the legal review, including for businesses in the EU.]

20Contact

FPontes LTD, trading as LoyaltyFlow. Email info@fpontes.com or message us on WhatsApp at +44 7549 635022.