TERMS OF SERVICE

Introduction

These Terms of Service (“Terms”) govern the legal relationship between the Platform Provider and the businesses that access or use the Platform and its services.

By creating an account, purchasing a subscription, accessing, or using any part of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, Subscription Terms, and Refund & Cancellation Policy.

If you do not agree with any provision of these Terms, you must not access or use the Platform or purchase any subscription.

1. Definitions

Unless the context requires otherwise, the following terms shall have the meanings set forth below.

1.1 Platform

The online digital loyalty platform provided by the Provider that enables businesses to create, manage, and operate digital customer loyalty programs.

1.2 Provider

The lawful owner and operator of the Platform and all related services.

1.3 Subscriber

Any individual or legal entity that registers an account and purchases a subscription plan to access the Platform.

1.4 Account

The account created by the Subscriber to access and use the Platform.

1.5 Subscription

The right to access and use the Platform for a specified period under the selected subscription plan.

1.6 Subscription Plan

Any service package offered by the Provider with defined features, limitations, pricing, and subscription period.

1.7 End Customer

Any customer who joins or participates in a loyalty program created by a Subscriber.

1.8 Content

Any information, text, images, logos, offers, rewards, campaigns, files, or other materials uploaded, submitted, or published by the Subscriber through the Platform.

1.9 Data

Any information relating to the Subscriber, its business, customers, transactions, loyalty programs, or other information processed or stored within the Platform.

1.10 Services

All software, features, functionalities, management dashboards, APIs (where applicable), updates, and services made available by the Provider.

2. Acceptance of these Terms

2.1 By selecting the checkbox stating “I have read and agree to the Terms & Conditions and Privacy Policy”, and by completing the registration or subscription process, the Subscriber confirms that they have read, understood, and voluntarily accepted these Terms.

2.2 Electronic acceptance of these Terms shall have the same legal force and effect as a handwritten signature, to the extent permitted under applicable law.

2.3 Continued access to or use of the Platform constitutes the Subscriber’s ongoing agreement to comply with these Terms.

3. Eligibility and Use of the Platform

3.1 The Platform is intended solely for lawful business use.

3.2 The Subscriber shall provide accurate, complete, and up-to-date information during registration and shall promptly update such information whenever necessary.

3.3 The Subscriber is solely responsible for maintaining the confidentiality of their account credentials.

3.4 The Subscriber is responsible for all activities conducted through their Account unless otherwise required by applicable law.

3.5 The Provider reserves the right to take appropriate action, including restricting or suspending access to the Platform, if false, misleading, or incomplete information is provided.

4. Account Registration

4.1

To access the Services, an applicant must create an Account and provide accurate, complete, and up-to-date information as requested during the registration process.

4.2

The applicant represents and warrants that all information provided belongs to the applicant or to the business entity that the applicant is legally authorized to represent.

4.3

The Provider may, at any time and where reasonably necessary, request additional information or documentation to verify the identity of the Subscriber, confirm business ownership, or validate any information provided during registration.

4.4

If any information provided is false, inaccurate, incomplete, misleading, or violates applicable laws or these Terms, the Provider reserves the right to reject the registration, suspend the Account, or restrict access to the Services without prejudice to any other rights available under these Terms or applicable law.

4.5

Each Account is personal to the Subscriber and may not be assigned, transferred, sold, leased, licensed, or otherwise made available to any third party without the Provider’s prior written consent.

5. Subscription and Purchase of Services

5.1

Access to the Platform is subject to the purchase of an available Subscription Plan and payment of the applicable subscription fees, unless the Provider expressly offers free services or a trial period.

5.2

The features, usage limits, capacities, subscription period, and pricing applicable to each Subscription Plan shall be as published on the Platform and shall form an integral part of these Terms.

5.3

The purchase of a Subscription grants the Subscriber a limited, non-exclusive, non-transferable, and revocable right to access and use the Services during the applicable subscription period. No ownership or intellectual property rights in the Platform or the Services are transferred to the Subscriber.

5.4

The Provider reserves the right to introduce new Subscription Plans, enhance existing features, or modify the structure of the Services at any time, provided that such changes do not materially reduce the benefits of an active Subscription purchased before such changes become effective.

6. Payments, Subscription Renewal and Automatic Billing

6.1

Subscription fees must be paid in advance through the payment methods accepted by the Platform before the relevant Services are activated.

6.2

Where the Subscriber expressly enables Automatic Renewal during the subscription process, the Subscriber authorizes the Provider to automatically charge the selected payment method at the end of each subscription period until Automatic Renewal is cancelled by the Subscriber.

6.3

Automatic Renewal shall only apply where the Subscriber has provided explicit electronic consent prior to completing the initial subscription purchase.

6.4

The Subscriber may disable Automatic Renewal at any time through the Account settings. Disabling Automatic Renewal shall not affect the current active Subscription and shall become effective from the next billing cycle.

6.5

If an automatic payment cannot be successfully processed for any reason, the Provider may suspend, restrict, or terminate access to the Services until all outstanding fees have been paid.

6.6

The Provider shall not be responsible for any fees, charges, currency conversion costs, banking restrictions, or payment processing charges imposed by financial institutions, card issuers, or payment service providers.

7. Acceptable Use of the Platform

7.1

The Subscriber shall use the Platform solely for lawful business purposes and in compliance with the applicable laws and regulations of the Sultanate of Oman.

7.2

The Subscriber shall not use the Platform for any unlawful, fraudulent, deceptive, abusive, or unethical activity, or in any manner that infringes the rights of any third party or violates public order.

7.3

The Subscriber shall not upload, publish, transmit, store, or distribute any content through the Platform that:

• violates any applicable law or regulation;

• infringes the intellectual property or other legal rights of any third party;

• contains malware, viruses, malicious code, or any harmful software;

• interferes with, disrupts, damages, or compromises the operation, security, or integrity of the Platform.

7.4

The Subscriber is solely responsible for all content, campaigns, promotions, loyalty offers, rewards, and other information made available to End Customers through the Platform.

8. Prohibited Activities

The Subscriber agrees that it shall not:

• gain or attempt to gain unauthorized access to the Platform or its systems;

• bypass, disable, or interfere with any security features or protective measures implemented by the Provider;

• reverse engineer, decompile, disassemble, copy, reproduce, modify, or create derivative works of the Platform;

• use the Platform in any manner that imposes an unreasonable or excessive burden on the Platform’s infrastructure or adversely affects its performance;

• allow unauthorized persons to access or use the Subscriber’s Account.

9. Suspension of Services

9.1

The Provider may temporarily suspend the Subscriber’s access to the Platform where any of the following occurs:

• violation of these Terms;

• failure to pay any applicable fees when due;

• unlawful, fraudulent, or suspicious use of the Platform;

• any activity that threatens the security, integrity, or operation of the Platform or its data;

• compliance with applicable law, court order, or instructions issued by a competent authority.

9.2

Where reasonably practicable, the Provider will notify the Subscriber before suspending access to the Services. However, prior notice may not be provided where immediate suspension is necessary for legal, security, or operational reasons.

9.3

Suspension of the Services shall not limit or waive the Provider’s right to recover outstanding amounts or exercise any other rights available under these Terms or applicable law.

10. Account Termination and Subscription Cancellation

10.1

The Subscriber may terminate its Subscription at any time through the Account dashboard or by following the procedures made available by the Provider.

10.2

The Provider may terminate the Subscriber’s Account and discontinue access to the Services if the Subscriber:

• commits a material breach of these Terms;

• repeatedly violates these Terms after receiving notice;

• uses the Platform for unlawful or unauthorized purposes;

• provides false, misleading, or fraudulent information;

• engages in conduct that materially harms the Platform, other Subscribers, End Customers, or the Provider’s reputation.

10.3

Termination of an Account shall not relieve the Subscriber of any payment obligations or other liabilities that arose before the effective date of termination.

10.4

Following termination, the Provider may retain or delete Subscriber Data in accordance with its data retention practices, applicable law, and the Privacy Policy.

11. Subscriber Responsibilities

11.1

The Subscriber is solely responsible for the accuracy, legality, and validity of all data, content, and information submitted or processed through the Platform.

11.2

The Subscriber is responsible for obtaining any legally required consents, permissions, or authorizations from its End Customers where required under applicable law.

11.3

The Subscriber shall be solely responsible for any claims, damages, liabilities, penalties, or expenses arising from its content, business activities, or use of the Platform.

12. Limitation of Liability

12.1

The Provider will use commercially reasonable efforts to maintain the availability, security, and reliability of the Platform. However, the Provider does not warrant that the Platform will operate uninterrupted, error-free, or without delay at all times.

12.2

To the fullest extent permitted by applicable law, the Provider shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of business opportunities, or loss of data arising out of or relating to the use of, or inability to use, the Platform.

12.3

To the maximum extent permitted by applicable law, the Provider’s total aggregate liability arising out of or relating to these Terms or the Services shall not exceed the total subscription fees actually paid by the Subscriber during the twelve (12) months immediately preceding the event giving rise to the claim.

13. Indemnification

The Subscriber agrees to defend, indemnify, and hold harmless the Provider, its owners, directors, officers, employees, affiliates, representatives, and service providers from and against any claims, actions, liabilities, losses, damages, penalties, costs, or expenses (including reasonable legal fees) arising out of or relating to:

• the Subscriber’s breach of these Terms;

• the Subscriber’s unlawful or unauthorized use of the Platform;

• any content, data, or material submitted by the Subscriber;

• the Subscriber’s violation of any applicable law or the rights of any third party.

14. Intellectual Property

14.1

All intellectual property rights in and to the Platform, including without limitation its software, source code, object code, user interface, design, databases, architecture, algorithms, trademarks, trade names, logos, documentation, content, and all other components of the Platform, are and shall remain the exclusive property of the Provider or its licensors and are protected under applicable intellectual property laws.

14.2

Except for the limited right to access and use the Services expressly granted under these Terms, no ownership, title, license, or other intellectual property rights are transferred to the Subscriber.

14.3

Unless expressly authorized in writing by the Provider, the Subscriber shall not:

• copy, reproduce, duplicate, or distribute the Platform or any part thereof;

• modify, adapt, translate, enhance, or create derivative works from the Platform;

• reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying technology;

• sublicense, lease, sell, assign, or otherwise make the Platform available to any third party.

14.4

Any suggestions, ideas, recommendations, comments, or feedback voluntarily submitted by the Subscriber regarding the Platform or the Services may be used by the Provider without restriction and without any obligation to provide compensation or acknowledgment.

15. Data Ownership

15.1

Ownership of all data and information submitted to the Platform by the Subscriber or its End Customers shall remain with the Subscriber or the respective lawful owner of such data.

15.2

The Provider shall process such data solely to the extent necessary to provide, maintain, secure, support, improve, and operate the Services in accordance with these Terms and the Privacy Policy.

15.3

Nothing in these Terms shall be construed as granting the Provider any ownership rights over the Subscriber’s Data.

15.4

The Provider may collect, generate, and use aggregated and fully anonymized data for statistical analysis, service improvement, business reporting, and product development, provided that such data cannot reasonably identify any individual, Subscriber, or business.

15.5

Upon termination or expiration of the Subscription, the retention or deletion of Subscriber Data shall be governed by the Privacy Policy and applicable law.

16. Confidentiality

16.1

Each Party agrees to keep confidential all Confidential Information received from the other Party in connection with the use of the Services or the business relationship established under these Terms.

16.2

“Confidential Information” includes, without limitation:

• business information;

• financial information;

• customer information;

• technical information;

• internal documentation;

• security-related information; and

• trade secrets.

16.3

Confidential Information shall not include information that:

• is or becomes publicly available through no fault of the receiving Party;

• must be disclosed pursuant to applicable law or a lawful order of a competent authority;

• was lawfully known to the receiving Party before its disclosure.

16.4

The obligations set out in this Section shall survive the termination or expiration of the Subscription and these Terms.

17. Platform Security

17.1

The Provider shall implement commercially reasonable administrative, technical, and organizational measures designed to protect the Platform and the information processed through it.

17.2

While the Provider applies appropriate security measures, no internet-based service can guarantee absolute security or uninterrupted availability.

17.3

Where required by applicable law or reasonably necessary under the circumstances, the Provider may take appropriate measures, including notifying affected Subscribers, in the event of a security incident affecting the Platform or the Services.

18. Service Availability

18.1

The Provider will use commercially reasonable efforts to maintain the availability of the Services. However, the Platform may be temporarily unavailable due to scheduled maintenance, software updates, technical failures, cyberattacks, telecommunications failures, power outages, force majeure events, or other circumstances beyond the Provider’s reasonable control.

18.2

Any such interruption shall not constitute a breach of these Terms unless it results from the Provider’s willful misconduct or gross negligence, to the extent permitted by applicable law.

18.3

The Provider reserves the right to temporarily suspend or limit access to all or part of the Services where reasonably necessary to perform maintenance, upgrades, security improvements, or other operational activities.

19. Changes to Subscription Plans, Pricing and Services

19.1

The Provider reserves the right to modify, enhance, replace, suspend, or discontinue any Subscription Plans, features, functionalities, or structure of the Services at any time.

19.2

Any changes to Subscription Plan pricing shall apply only from the date the updated pricing is published and only to new purchases or subsequent Subscription renewals.

19.3

Where the Subscriber has an active Subscription, the applicable pricing and Subscription terms shall remain unchanged until the expiration of the current Subscription Period. Any price adjustment shall become effective only upon the next renewal.

19.4

Where material changes significantly affect the Services purchased by the Subscriber, the Provider shall use commercially reasonable efforts to notify the Subscriber through the Platform, email, or any other appropriate communication channel before such changes become effective.

20. Taxes and Statutory Charges

20.1

Unless expressly stated otherwise, all fees displayed on the Platform are exclusive of Value Added Tax (VAT), taxes, duties, levies, or any other applicable governmental charges.

20.2

Where any taxes, duties, or governmental charges become applicable under the laws of the Sultanate of Oman or any other applicable jurisdiction, the Subscriber shall be responsible for the payment of such amounts.

20.3

Any banking charges, wire transfer fees, currency conversion costs, or payment processing fees imposed by financial institutions or payment service providers shall be borne by the Subscriber unless otherwise agreed in writing by the Provider.

21. Force Majeure

21.1

The Provider shall not be liable for any delay, interruption, disruption, or failure to perform its obligations under these Terms where such failure results from circumstances beyond the Provider’s reasonable control.

21.2

Such circumstances include, without limitation, natural disasters, war, civil unrest, strikes, governmental actions or restrictions, widespread internet outages, cyberattacks, infrastructure failures, pandemics, power outages, or other similar events.

21.3

Where a Force Majeure event continues, the Provider may postpone or temporarily suspend all or part of the Services until such circumstances have ceased.

22. Amendments to these Terms

22.1

The Provider may amend, supplement, or update these Terms at any time.

22.2

Any updated version of these Terms shall become effective upon publication on the Platform unless a different effective date is expressly specified.

22.3

Where material changes are introduced, the Provider shall use commercially reasonable efforts to notify the Subscriber through email, Platform notifications, or other appropriate communication channels.

22.4

The Subscriber’s continued use of the Services after the effective date of the updated Terms shall constitute acceptance of the revised Terms.

23. Assignment

23.1

The Provider may assign, transfer, delegate, or otherwise transfer all or any part of its rights, obligations, assets, or agreements under these Terms as a result of a merger, acquisition, sale of business, change of ownership, corporate restructuring, or any other lawful transfer.

23.2

In such event, all rights and obligations arising under these Terms shall automatically pass to the lawful successor or assignee as of the effective date of the transfer.

23.3

To the fullest extent permitted by applicable law, no separate consent from the Subscriber shall be required for any assignment or transfer made by the Provider under this Section.

23.4

The Subscriber may not assign, transfer, delegate, or otherwise dispose of any of its rights or obligations arising under these Terms or any Subscription without the Provider’s prior written consent.

24. Electronic Communications and Electronic Records

24.1

The Subscriber agrees that all notices, notifications, invoices, billing statements, correspondence, alerts, confirmations, and other communications relating to the Platform or the Services may be provided electronically.

24.2

Any notice or communication delivered through the Subscriber’s registered email address, User Account, Platform dashboard, in-platform notifications, or any other communication channel designated by the Provider shall constitute valid and effective notice, unless otherwise required by applicable law.

24.3

The Provider may maintain electronic records, logs, and system records relating to, including but not limited to, account registration, acceptance of these Terms, Subscription purchases or renewals, payment transactions, account modifications, and other activities performed through the Platform.

24.4

To the extent permitted by applicable law, such electronic records may be relied upon as valid evidence and records before the competent authorities.

24.5

The Subscriber acknowledges and agrees that selecting the acceptance checkbox and completing the registration or Subscription purchase process constitutes a valid electronic acceptance and shall have the same legal effect as an electronic signature, to the fullest extent permitted by applicable law.

25. Compliance with Trade Laws and Sanctions

25.1

The Subscriber shall use the Platform and the Services only in compliance with all applicable laws and regulations, including, without limitation, laws relating to trade, import, export, sanctions, anti-money laundering (AML), counter-terrorist financing (CTF), and other legally binding restrictions.

25.2

The Subscriber represents and warrants that its access to and use of the Platform and the Services does not violate any applicable laws, regulations, sanctions, or other legally binding restrictions.

25.3

Where the Provider is prohibited or restricted under applicable law or by an order issued by a competent authority from providing the Services to any individual, business, country, territory, or sanctioned person, the Provider reserves the right, without incurring any liability, to refuse, restrict, suspend, or terminate the provision of the Services.

25.4

Any action taken by the Provider pursuant to this Section shall not constitute a breach of these Terms and shall not give rise to any liability on the part of the Provider.

26. Subscription, Billing and Payments

26.1

Access to the Subscription Services is subject to the Subscriber selecting an available Subscription Plan and successfully paying the applicable Subscription Fee.

26.2

The Provider may offer different Subscription Plans with varying features, limitations, subscription periods, and pricing. The details of each Subscription Plan shall be made available on the Platform at the time of purchase.

26.3

The Subscription Fee shall be paid in advance for each Subscription Period using the payment methods approved by the Provider.

26.4

Where the Subscriber has selected the automatic renewal option and has authorized recurring charges to the registered payment method, the Provider may automatically charge the applicable Subscription Fee at the beginning of each renewal period unless the Subscriber disables automatic renewal before the renewal date.

26.5

If any payment is unsuccessful or cannot be processed for any reason, the Provider may suspend the Subscriber’s access to all or part of the Services until all outstanding amounts have been paid in full.

26.6

Where such functionality is available on the Platform, the Subscriber may upgrade or downgrade its Subscription Plan. Any applicable fees, credits, or effective dates shall be determined in accordance with the Provider’s applicable billing rules as published on the Platform.

26.7

All payments shall be governed by these Terms, and any request for a refund shall be considered solely in accordance with Section 27 of these Terms and applicable law.

27. Renewal, Cancellation and Refunds

27.1

A Subscription shall remain valid until the expiration of the applicable Subscription Period unless it is suspended or terminated earlier in accordance with these Terms.

27.2

Where the Subscriber has enabled Automatic Renewal, the Subscription shall automatically renew for successive Subscription Periods of the same duration, and the applicable Subscription Fee shall be charged to the registered payment method unless Automatic Renewal has been disabled by the Subscriber before the renewal date.

27.3

The Subscriber may disable Automatic Renewal at any time through the User Account or any other method made available by the Provider. Disabling Automatic Renewal shall not affect the validity of the current Subscription, which shall remain active until the end of the paid Subscription Period.

27.4

Cancellation of a Subscription or discontinuation of the use of the Services by the Subscriber shall not entitle the Subscriber to a full or partial refund of any fees already paid, except where expressly provided under these Terms or required by applicable law.

27.5

Where duplicate payments, incorrect charges, technical errors, or other errors attributable to the Provider result in the collection of amounts exceeding those properly due, the Provider shall, following verification, refund the excess amount using the original payment method or another appropriate method.

27.6

Where fraud, false information, misuse of the Services, a material breach of these Terms, or unlawful use of the Platform is established, the Provider may suspend or terminate the Subscription without any obligation to issue a refund, unless otherwise required by applicable law.

27.7

The expiration, suspension, or termination of a Subscription shall not release the Subscriber from any outstanding fees, charges, or financial obligations accrued before the effective date of such expiration, suspension, or termination.

28. Platform Maintenance, Updates and Development

28.1

The Provider reserves the right, at any time, to maintain, update, upgrade, modify, enhance, develop, or otherwise improve the Platform and the Services for purposes including, without limitation, security improvements, bug fixes, performance enhancements, infrastructure upgrades, technical maintenance, or the introduction of new features and functionalities.

28.2

Maintenance, updates, or technical operations may temporarily limit, interrupt, reduce, or suspend access to all or part of the Platform or the Services. The Provider shall use commercially reasonable efforts to minimize the duration and impact of such interruptions.

28.3

Where reasonably practicable, the Provider shall use commercially reasonable efforts to provide advance notice of scheduled maintenance through the Platform, email, or other appropriate communication channels. However, emergency maintenance, security-related actions, or urgent technical measures may be performed without prior notice where necessary.

28.4

The Provider does not guarantee the continued availability of any particular feature, functionality, or component of the Platform and reserves the right to modify, replace, improve, discontinue, or remove any feature or functionality at any time, provided that such actions comply with applicable law.

29. Beta Features and Third-Party Services

29.1

The Provider may, from time to time, make available beta, preview, trial, experimental, or pre-release features, functionalities, or Services.

29.2

Such beta or experimental features are provided on an “as available” basis, may contain errors or limitations, and may be modified, suspended, discontinued, or withdrawn at any time without prior notice. The Provider makes no representation or warranty that such features will become permanent or remain available.

29.3

The Platform may integrate with or rely upon products, services, systems, infrastructure, or technologies provided by third parties, including, without limitation, payment service providers, SMS providers, email service providers, cloud service providers, mapping services, communication gateways, APIs, and other third-party providers.

29.4

The Provider shall not be liable for any interruption, delay, failure, modification, restriction, suspension, or unavailability of any third-party products or services that are outside the Provider’s reasonable control. Nevertheless, the Provider shall use commercially reasonable efforts to minimize the impact of such events where practicable.

30. Governing Law and Dispute Resolution

30.1

These Terms, including all provisions relating to Subscriptions, Payments, Renewals, Cancellations, and Refunds, shall be governed by and construed in accordance with the laws of the Sultanate of Oman.

30.2

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, the Parties shall first seek to resolve the matter through good faith negotiations with the objective of reaching an amicable settlement.

30.3

If the dispute is not resolved through negotiation within a reasonable period, it shall be subject to the exclusive jurisdiction of the competent courts of the Sultanate of Oman, unless otherwise required by applicable law.

31. Severability

31.1

If any provision of these Terms is held by a competent authority or court to be invalid, unenforceable, or unlawful, such provision shall be deemed severable and shall not affect the validity, legality, or enforceability of the remaining provisions, which shall remain in full force and effect.

32. No Waiver

32.1

No failure or delay by the Provider in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power, or privilege preclude any further exercise thereof.

33. Entire Agreement

33.1

These Terms, together with the Privacy Policy, constitute the entire agreement between the Provider and the Subscriber regarding the Platform, the Services, and all Subscriptions, and supersede all prior or contemporaneous negotiations, communications, understandings, representations, and agreements, whether oral or written, relating to the same subject matter.

34. Contact Information

34.1

If the Subscriber has any questions, requests, complaints, or requires support regarding the Platform, the Services, or these Terms, the Subscriber may contact the Provider using the official contact details published on the Platform.