1. Introduction

This Merchant Agreement ("Agreement") is a binding contract between you ("Merchant," "you," or "your") and Loyalteey ("we," "us," or "our") governing your use of the Loyalteey platform as a business owner. By registering a business on Loyalteey, you agree to be bound by this Agreement, our Terms of Service, Privacy Policy, and Acceptable Use Policy.

This Agreement applies to all business accounts, including free-tier businesses and paid subscribers.

2. Merchant Eligibility

You must be at least 18 years old and legally authorized to operate a business in the Philippines.
You represent that you are the owner or authorized representative of the business you are registering.
You must provide accurate and truthful business information including business name, address, category, and contact details.
You must not register businesses that are fictitious, fraudulent, or that you do not have authority to represent.

2.1 Prohibited Businesses

The following types of businesses are strictly prohibited from registering on the Loyalteey platform:

Businesses involved in the sale, manufacture, or distribution of illegal drugs or controlled substances
Businesses engaged in illegal gambling or unlicensed gaming operations
Businesses selling counterfeit, stolen, or illegally obtained goods
Businesses involved in human trafficking, exploitation, or any form of forced labor
Businesses selling weapons, firearms, or explosives without proper government licenses
Businesses promoting or facilitating prostitution or illegal sexual services
Pyramid schemes, Ponzi schemes, or any fraudulent investment operations
Any business whose operations violate the laws of the Republic of the Philippines

Loyalteey reserves the right to immediately terminate any merchant account found to be operating a prohibited business, without notice or refund. Violations may also be reported to the appropriate law enforcement authorities.

3. Platform Services

Loyalteey provides the following services to Merchants:

Digital Loyalty System: Tools to create and manage per-store loyalty point programs with configurable price brackets, VIP tiers, and bonus events.
Reward Management: Ability to create, manage, and fulfill digital rewards redeemable by your customers.
Customer Engagement: Campaigns, bonus events, and marketplace visibility to attract and retain customers.
Analytics: Dashboard and reporting tools to monitor business performance (available on paid plans).
Staff Management: Ability to invite staff members with limited access to award points and manage operations.

Loyalteey acts solely as a technology platform. We do not participate in, endorse, or guarantee any transaction between Merchants and customers.

4. Merchant Obligations

4.1 Point Awarding

You must award points fairly and consistently according to your configured price brackets.
You must not selectively deny points to legitimate customers or discriminate in point awarding.
You must not award fraudulent points (e.g., awarding points without a genuine purchase).

4.2 Reward Fulfillment

You are solely responsible for fulfilling all rewards that customers have legitimately claimed.
You must not refuse to honor valid reward claims.
You must not create rewards with misleading descriptions or that you cannot reasonably fulfill.
If a reward becomes unavailable, you must promptly deactivate it and make reasonable efforts to accommodate affected customers.

4.3 Business Information

You must keep your business profile information accurate and up to date, including operating hours, address, and contact information.
You must promptly update your profile if your business relocates, changes ownership, or ceases operations.

4.4 Customer Data

Through the Loyalteey platform, you may access limited customer information (display name, visit history, tier status, and points balance at your store).
You must not use customer data for purposes unrelated to your Loyalteey loyalty program.
You must not export, sell, share, or disclose customer data to third parties.
You must comply with the Philippine Data Privacy Act (RA 10173) and all applicable data protection regulations.

4.5 Compliance

You must comply with all applicable local, national, and international laws and regulations in operating your business.
You must hold all required business permits and licenses.
You are responsible for any tax obligations arising from your use of the Loyalteey platform.

5. Subscription and Payment Terms

5.1 Plans and Pricing

Loyalteey offers tiered subscription plans with varying features and limits. Current plans and pricing are displayed in the app and on our website. All prices are in Philippine Pesos (PHP) and are subject to change with reasonable notice.

5.2 Billing

Subscription payments are processed through Stripe via Google Play or Apple Pay.
By subscribing, you authorize recurring charges at your selected billing interval (monthly or annual).
Annual subscriptions receive a discount as configured by Loyalteey (currently 20%).

5.3 Failed Payments

If a payment fails, a 3-day grace period is provided before your account is downgraded.
During the grace period, all paid features remain accessible.
After the grace period, your account will be downgraded to the Free plan. Excess data (brackets, rewards, staff) beyond Free plan limits will be deactivated but not deleted.

5.4 Cancellation and Refunds

You may cancel your subscription at any time. Access to paid features continues until the end of the current billing period.
No refunds are provided for partial billing periods or unused time.
Loyalteey reserves the right to issue discretionary refunds on a case-by-case basis.

6. Campaigns and Marketing

Campaign limits are determined by your subscription plan.
All campaign content must be truthful, non-misleading, and directly related to your business.
You must comply with the Philippine Electronic Commerce Act (RA 8792) and Anti-Spam regulations.
Loyalteey reserves the right to review and reject campaign content that violates our policies.
Abuse of campaigns (spam, offensive content, misleading offers) will result in immediate revocation of campaign privileges and potential account suspension.

7. KYC Verification

Merchants may be required to complete Know Your Customer (KYC) verification to access certain features or higher verification tiers.
You must submit genuine, unaltered documents including government-issued ID, selfie, and business registration documents.
KYC documents are stored securely in private cloud storage with signed URLs (15-minute expiry) and are accessible only to authorized Loyalteey administrators.
KYC approval is at Loyalteey's sole discretion. Submitting fraudulent documents will result in immediate account termination.

8. Intellectual Property

Loyalteey grants you a limited, non-exclusive, non-transferable license to use the Loyalteey platform for your business operations.
You may display the Loyalteey logo and "Powered by Loyalteey" badge at your business location and on marketing materials, subject to our brand guidelines.
You retain ownership of your business name, logo, and content uploaded to the platform.
By uploading content (logo, cover photo, promo images), you grant Loyalteey a non-exclusive license to display that content within the platform and for promotional purposes.

9. Suspension and Termination

9.1 By Loyalteey

Loyalteey may suspend or terminate your merchant account for:

Violation of this Agreement, the Terms of Service, or Acceptable Use Policy
Fraudulent activity or misuse of the platform
Persistent failure to fulfill customer rewards
Submitting false or fraudulent KYC documents
Non-payment of subscription fees beyond the grace period
Any activity that harms the Loyalteey platform or its users

9.2 By Merchant

You may deactivate your business at any time through the app.
Upon deactivation, your business will no longer appear in the marketplace, and customers will not be able to earn new points.
Existing customer points and pending reward claims remain valid for 90 days after deactivation.
Active subscriptions will be canceled with no refund for the remaining billing period.

10. Limitation of Liability

Loyalteey is not liable for any loss of revenue, customers, or business opportunities arising from your use of or inability to use the platform.
Loyalteey is not responsible for customer behavior, disputes between Merchants and customers, or the accuracy of customer-submitted information.
Our total liability under this Agreement shall not exceed the subscription fees you paid to Loyalteey in the 12 months preceding the claim, or ₱10,000, whichever is less.

11. Indemnification

You agree to indemnify and hold harmless Loyalteey, its officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

Your breach of this Agreement
Your failure to fulfill customer rewards
Your misuse of customer data
Any violation of applicable laws in your business operations
Claims by customers or third parties related to your business

12. Modifications

Loyalteey reserves the right to modify this Agreement at any time. We will provide at least 30 days' notice of material changes through the app or via email. Your continued use of the platform after the effective date of modifications constitutes acceptance of the updated Agreement.

13. Governing Law

This Agreement is governed by and construed in accordance with the laws of the Republic of the Philippines. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts located in the Philippines.

14. Contact Us

If you have questions about this Merchant Agreement, contact us at:

Loyalteey
Email: [email protected]
Website: loyalteey.com