Welcome to the xloyalty.io website (referred to here as “we,” “us,” “our,” or “the Company”) located at www.xloyalty.io.com (the “Site”). These Terms of Use, along with our Privacy & Cookie Policy and any other related documents, policies, and conditions mentioned here (collectively, the “Terms”), lay out the rules for using our Site and the terms you agree to when subscribing to our Services.
In these Terms, “you” refers to both you individually and any person who accesses or uses the Site, App, or the services we provide via the Site or App on your behalf, whether as a guest or a registered user.
Please take the time to carefully review these Terms before using our Site, as they outline important information about your rights and obligations. By using our Site, you confirm that you have read, understood, and agree to abide by these Terms. Your agreement to follow and be bound by these Terms is effective from your first use of our Site. If you do not accept these Terms, you should not use our Site.
1.1 The definitions and interpretation rules in this clause apply to these Terms.
1.2 Headings and formatting do not affect the interpretation of these Terms. References to individuals, companies, and other legal entities apply to their legal and personal representatives, successors, or assigns. Singular terms include plural and vice versa, and gendered terms apply to all genders. Statutory references include any current amendments, extensions, or reenactments. Writing includes fax but excludes email. References to clauses are to clauses in these Terms.
2.1 Subject to the limitations in this clause and other conditions in these Terms, xloyalty.io grants the Merchant a non-exclusive, non-transferable right to use the Services and Documentation during the Subscription Term for the Merchant’s business operations.
2.2 The Merchant agrees that only its employees will access and use the Services.
2.3 The Merchant must not access, store, distribute, or transmit Viruses or any material during its use of the Services that:
2.4 The Merchant must not:
2.5 The Merchant agrees to:
2.6 These rights are granted only to the Merchant, not to any subsidiary or parent company.
3.1 During the Subscription Term, xloyalty.io will strive to provide the Services as outlined in these Terms. However, xloyalty.io may alter, suspend, or discontinue any part of the Services at any time, with or without cause.
3.2 Subject to clause 3.1, xloyalty.io will use reasonable efforts to keep the Services operational and available 24 hours a day, seven days a week, except during:
3.3 For Services that include SMS messaging, a fair use policy applies. xloyalty.io may cap SMS usage if the Merchant’s traffic incurs costs that make the Service unprofitable for xloyalty.io.
3.4 xloyalty.io cannot guarantee SMS delivery to Clientele, as messages may be blocked for reasons beyond xloyalty.io’s control. xloyalty.io accepts no liability for damages resulting from undelivered SMS messages.
4.1 xloyalty.io will process Merchant and Customer Data as necessary to perform its obligations under these Terms, complying with its Privacy & Cookie Policy, which xloyalty.io may amend at its discretion.
4.2 Both parties agree to fulfill their obligations under the General Data Protection Regulation (GDPR). The Merchant warrants full GDPR compliance and agrees to maintain compliance throughout the Subscription Term.
4.3 The Merchant acknowledges that personal data may be stored or transferred outside the Merchant’s country to facilitate xloyalty.io’s Services and obligations.
4.4 The Merchant ensures it is entitled to transfer personal data to xloyalty.io for lawful processing in line with these Terms.
4.5 The Merchant must inform relevant third parties and obtain their consent, as required, for the use and transfer of their data in compliance with applicable data protection laws.
4.6 xloyalty.io will process personal data solely per these Terms and lawful instructions provided by the Merchant.
4.7 Both parties will implement appropriate technical and organizational measures to protect personal data from unauthorized or unlawful processing, accidental loss, destruction, or damage.
The Merchant acknowledges that the Services may facilitate access to third-party content, interactions, and transactions. All such interactions are at the Merchant’s own risk. xloyalty.io makes no warranties and accepts no liability for content, products, or services from third-party sites, nor for any transactions or agreements the Merchant enters with these third parties. It is recommended that the Merchant review third-party terms and privacy policies before using their sites.
6.1 xloyalty.io does not warrant that the Services will be uninterrupted or error-free or that the information obtained through the Services will meet the Merchant’s requirements.
6.2 xloyalty.io will not be liable for delays, delivery failures, or losses due to data transfer over networks, including the internet, which may cause inherent limitations and problems with the Services.
6.3 These Terms do not prevent xloyalty.io from entering similar agreements with third parties or from independently developing, using, selling, or licensing documentation, products, or services similar to those provided under these Terms.
The Merchant agrees to:
8.1 The Merchant shall pay Subscription Fees to xloyalty.io in line with these Terms and the Subscription Particulars.
8.2 Unless otherwise specified, Subscription Fees are due monthly or annually in advance on the date each month/year matching the service start date.
8.3 If payment is not received within 10 days of the due date, xloyalty.io may suspend the Merchant’s access to the Services without liability, and has no obligation to provide the Services until payment is received.
8.4 All fees stated in these Terms are non-cancellable, non-refundable, and exclusive of VAT or applicable sales taxes.
9.1 The Merchant acknowledges that xloyalty.io and its licensors retain all intellectual property rights in the Services, Apps, and Documentation. These Terms do not grant the Merchant any rights in patents, copyrights, trademarks, or any other rights in the Services or Documentation beyond those specifically provided here.
9.2 xloyalty.io confirms it has the rights necessary to grant the Merchant the rights provided under these Terms.
10.1 Each party may access the other’s Confidential Information to fulfill its obligations under these Terms. Confidential Information excludes information that (a) is public knowledge, (b) was lawfully held before disclosure, (c) is disclosed legally by a third party, (d) is independently developed, or (e) is legally required to be disclosed.
10.2 Each party will keep the other’s Confidential Information confidential and use it only for implementing these Terms, taking reasonable measures to prevent unauthorized disclosure.
10.3 Neither party will be liable for the loss, destruction, alteration, or disclosure of Confidential Information caused by third parties.
10.4 The Merchant agrees that details of the Services and performance results are xloyalty.io’s Confidential Information, while xloyalty.io acknowledges that Merchant Data is Confidential Information of the Merchant.
10.5 This confidentiality clause will survive termination of these Terms.
11.1 The Merchant agrees to indemnify and defend xloyalty.io against claims, damages, and expenses arising from the Merchant’s use of the Services or breach of these Terms, including claims from Clientele resulting from the Merchant’s actions.
11.2 xloyalty.io agrees to indemnify the Merchant for claims that the Services or Documentation infringe on UK patents, copyright, trademarks, or confidentiality, provided that:
11.3 In case of infringement claims, xloyalty.io may seek to enable continued use of the Services, modify them to avoid infringement, or terminate these Terms with two days’ notice without further liability.
12.1 Except as expressly stated, xloyalty.io’s liability to the Merchant is limited to the total Subscription Fees paid in the 12 months preceding a claim.
12.2 xloyalty.io is not liable for any indirect or consequential losses, including loss of profits, data, or goodwill, arising from use of the Services or Documentation.
12.3 Nothing in these Terms excludes xloyalty.io’s liability for death, personal injury, or fraud.
13.1 These Terms are effective from the Effective Date and continue indefinitely unless terminated as specified here. Either party may terminate by canceling the subscription.
13.2 No refunds will be provided if the Merchant terminates the Terms, after 14 days of the initial subscription.
13.3 Upon termination:
14.1 xloyalty.io is not liable for delays due to unforeseen circumstances beyond its control, like natural disasters or government actions.
14.2 A waiver must be in writing to be effective.
14.3 Rights under these Terms are cumulative and do not exclude legal rights.
14.4 Invalid provisions will not affect the rest of the Terms, and modifications will be applied if necessary to retain the commercial intent.
14.5 These Terms constitute the entire agreement between the parties.
14.6 The Merchant may not transfer rights under these Terms without xloyalty.io’s consent, while xloyalty.io may assign its rights as needed.
14.7 Nothing here creates a partnership or agency relationship.
14.8 These Terms grant no rights under the Contracts (Rights of Third Parties) Act 1999.
14.9 Notices are to be sent by email, with receipt confirmed upon transmission.
14.10 These Terms are governed by English law, with disputes resolved in Greek courts.
15.1 The Services provided by xloyalty.io may only be used for legitimate transactions with your Clientele. We are not responsible for the products or services you advertise or sell, or for any purchases made by your Customers through the Services. If you accept donations, we are not responsible for how you communicate the intended use of those donations to your Customers. You agree that you alone are responsible for the nature and quality of the products or services you provide, as well as for their delivery, support, refunds, returns, and any other related services you offer to your Clientele.
15.2 Our Services allow you to process charges to your Customers’ payment cards (referred to as “Charges”), but we cannot verify the accuracy, validity, or typicality of any specific transaction. You are fully responsible for any losses that may occur due to incorrect or fraudulent transactions associated with your use of the Services.
15.3 You may only submit Charges to your Customers through our Software if authorized by the Customers.
15.4 You maintain a direct relationship with your Customers and are responsible for: (i) obtaining the appropriate consent to process Charges through our Software on their behalf; (ii) providing confirmations or receipts for each Charge; (iii) verifying your Customers’ identities; and (iv) ensuring that each Customer is eligible and authorized to complete Transactions. Be aware that even authorized Transactions may later be disputed. xloyalty.io will not be held liable for disputed, refunded, reversed, unauthorized, or erroneous Charges, or for Charges that violate any laws.
16.1 XLoyalty enables loyalty programs where rewards are given randomly, designed as an alternative to traditional punch cards. Rewards should be products, services, or discounts offered by the Merchant and are not intended to provide high-value prizes or financial benefits.
16.2 Despite clause 16.1, this type of program may be subject to local regulations on contests or lotteries. You agree that it is your sole responsibility to check whether such laws apply and, if required, to display any necessary information about your program in-store so your Clientele is aware of it.
16.3 You agree to indemnify the Company, any Marketplaces, and all Company resellers and partners for any issues arising from local laws and regulations applicable to your program.
17.1 These additional features are available as an add-on directly through the xloyalty.io admin portal at the price stated when you confirm the subscription.
17.2 Once activated, these features cannot be canceled individually and will be billed monthly for the entire duration of the main subscription.
18. Refund policy
Refund and Cancellation Policy for Xloyalty.io
At Xloyalty.io, customer satisfaction is our top priority. If you are dissatisfied with our services, we are committed to resolving your concerns and ensuring fairness. Below is our refund and cancellation policy.
We offer a 14-day refund window for our subscription services. If you decide to cancel within this period, we will refund your subscription fee. However, please note that the setup and consultation fee of €300 is non-refundable, as it covers the initial configuration and personalized consultation provided during onboarding.
Refunds will only be processed for legitimate reasons after an internal investigation. To request a refund, please email us at support@xloyalty.io with details of your concern.
If you wish to cancel your subscription:
We reserve the right to make every effort to fulfill the service before processing a refund request.
Welcome to the free version of the xLoyalty.io loyalty plugin for WooCommerce! Below are the terms and conditions for using the plugin, along with details about our privacy policy.
For further details on xLoyalty.io’s Privacy Policy or terms of service, please visit https://www.xloyalty.io or contact us at support@xloyalty.io.
Thank you for choosing xLoyalty.io to enhance your WooCommerce store!
Xloyalty.io shall not be held liable for any failure to fulfill its obligations due to events beyond our reasonable control, including but not limited to natural disasters, legal changes, acts of war, strikes, or other unforeseen circumstances (“Force Majeure Events”).
If you have further questions about this policy or need assistance, please don’t hesitate to contact us.
