Effective Date: May 14, 2026 · Applies to: Merchants / Business Owners
These Terms of Service ("Terms") constitute a legally binding agreement between LoyQo, LLC ("Company," "we," "us," or "our") and the individual or legal entity ("Merchant" or "you") that creates an account on the LoyQo platform ("Platform"). By clicking "Create My Account," you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Platform.
LoyQo provides a software-as-a-service loyalty program management platform that enables Merchants to create and operate customer loyalty programs, track points, send SMS and email campaigns, and manage customer relationships. The Platform is offered exclusively to business entities and individuals operating a lawful business in the United States.
You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately at legal@loyqo.com if you suspect unauthorized access.
New accounts may receive a time-limited free trial period as specified at the time of sign-up. After the trial period, continued access requires an active paid subscription.
Subscription fees are charged in advance on a monthly or annual basis as selected at the time of purchase. All fees are in U.S. dollars and are non-refundable except as required by applicable law or as set forth in our Refund Policy.
Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date. By subscribing, you authorize us (or our payment processor) to charge the payment method on file at each renewal.
We may modify subscription fees upon at least 30 days' advance written notice. Your continued use of the Platform after the effective date of a price change constitutes acceptance of the new fees.
Fees are exclusive of applicable taxes. You are responsible for all taxes, levies, or duties imposed by taxing authorities related to your use of the Platform.
Your use of the Platform is subject to our Acceptable Use Policy, which is incorporated herein by reference. In addition, you agree that you will not:
With respect to your customers' personal data collected through the Platform, you act as the data controller and we act as a data processor. You are solely responsible for ensuring that your collection and use of customer personal data complies with all applicable privacy laws, including the California Consumer Privacy Act (CCPA), Cal. Civ. Code § 1798.100 et seq., and any other state privacy laws applicable to your operations.
Our processing of customer personal data on your behalf is governed by our Privacy Policy, which forms part of these Terms.
The Platform, including all software, designs, trademarks, and content created by LoyQo, LLC, is owned by us or our licensors and is protected by U.S. and international intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform solely for your internal business purposes during the subscription term.
You retain ownership of all data you upload to the Platform ("Merchant Content"). You grant us a limited license to use Merchant Content solely to provide and improve the Platform.
Each party agrees to keep confidential any non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure, and to use such information only to exercise rights and fulfill obligations under these Terms.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOYQO, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE GOODS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless LoyQo, LLC and its officers, directors, employees, agents, and successors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights or applicable law, including TCPA, CAN-SPAM, or CCPA; or (d) any dispute between you and your customers.
These Terms commence on the date you create an account and continue until terminated. Either party may terminate at any time upon written notice. We may suspend or terminate your account immediately, without prior notice, if you breach these Terms, fail to pay fees when due, or if required by law. Upon termination, your right to use the Platform ceases, and we may delete your data subject to our data retention policies.
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Platform shall first be addressed through good-faith negotiation. If unresolved after 30 days, disputes shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with proceedings conducted in English. The arbitration shall take place in North Carolina. Each party waives the right to a jury trial and to participate in a class action.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.
You are solely responsible for ensuring that all SMS marketing campaigns sent through the Platform comply with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and applicable FCC regulations, including:
Any commercial email messages you send through the Platform must comply with the CAN-SPAM Act of 2003 (15 U.S.C. § 7701 et seq.), including identifying the message as an advertisement, including your physical postal address, and honoring opt-out requests within 10 business days.
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on the Platform at least 14 days before taking effect. Continued use of the Platform after the effective date of changes constitutes acceptance of the updated Terms.
For questions about these Terms, please contact us at:
LoyQo, LLC
Email: legal@loyqo.com