Terms of Service

1. Definitions

• "Platform" / "Service" — The LoyaltyRewards web application, APIs, cron services, QR code systems, and all related software accessible at https://appsage.in/loyaltyrewards and its subdomains.
• "We" / "Us" / "Company" — The operator of LoyaltyRewards and its authorized personnel.
• "Merchant" — A business (cafe, restaurant, salon, spa, retail outlet, or similar) that registers for and subscribes to the Platform to run loyalty programmes for their customers.
• "Guest" / "End User" — A customer of a Merchant who scans a QR code and participates in a loyalty programme.
• "Subscription" — A paid plan (Starter, Growth, or Pro) that grants a Merchant access to the Platform features.
• "Trial Period" — The introductory access period that starts once the trial fee is paid.
• "Content" — Any text, images, logos, menu items, offers, feedback and other data uploaded to or generated within the Platform.
• "Razorpay" — Razorpay Software Pvt. Ltd., our third-party payment processor.
• "Add-on" / "Service" — any paid feature or service in addition to a Subscription, including Online E-commerce Shop, Sales Leads & Chat Reports, Call Desk, Social Autopilot (Folder Auto-Post, AI Content), Growth Engine (Growth Ads, Ads Managed by us), set-up and onboarding work, message credits, and software development or customisation work.
• "Third-Party Platform" — any service not operated by us that the Platform connects to, including Meta (WhatsApp, Facebook, Instagram, Meta Ads), Google (YouTube, Drive), LinkedIn, Razorpay, delivery partners (Shiprocket, Borzo, Porter), SMS gateways and AI providers.
• "Ad Spend" — the money a Merchant's own advertising account is charged by Meta (or another ad platform) for running ads, including that platform's taxes. Ad Spend is never part of our fees.
• "Lead" — a person who contacts a Merchant or shares their details with a Merchant, for example by messaging from an ad, filling an ad form, scanning a QR code or chatting on WhatsApp.

2. Acceptance of Terms

These Terms constitute a legally binding agreement under the Indian Contract Act, 1872 between you and us. By using the Platform in any way, you represent that:

• You are at least 18 years of age (or the age of majority in your jurisdiction)
• You have the legal capacity to enter into a binding contract
• If you are a Merchant registering on behalf of a business, you have the authority to bind that business to these Terms
• You have read, understood and agree to these Terms and our Privacy Policy

These Terms apply to all users — Merchants, their staff members, and Guests.

Electronic acceptance. You accept these Terms and our Privacy Policy electronically by ticking the agreement box when you sign up, make a payment, set up Autopay or approve an ad budget. Each acceptance is recorded with the date and time, the user, the item and amount, the IP address, the browser and the exact version of these Terms and the Privacy Policy, and a copy of that version is kept. This record is an electronic record under the Information Technology Act, 2000 and is evidence of your agreement. Each new purchase is made under the version of these Terms in force at that time.

3. Our Services

LoyaltyRewards provides:

3.1 For Merchants

• Digital QR-code loyalty stamp card, points and membership programmes
• Customer registration, stamp tracking and reward issuance engine
• Campaign messaging tools (WhatsApp / SMS) for opted-in customers
• Table booking / appointment request management
• Menu and offer management pages
• Analytics dashboard (visit trends, campaign performance)
• Multi-location and multi-staff management with role-based access
• QR code generation and printing
• Customer feedback collection

3.1A Add-ons and services (where purchased or switched on)

• Online E-commerce Shop — connection of the Merchant's own WhatsApp Business number to the WhatsApp Business Platform, catalogue, cart, payment links, order updates, offer campaigns, automations, shared inbox and sales assistant
• Sales Leads & Chat Reports — lead records from chats, follow-up reminders, pipeline, quotations, visiting-card reading, meeting QR codes, team reports and Excel exports
• Call Desk — answering and making WhatsApp calls from the Platform, where Meta allows it for the Merchant's number
• Social Autopilot — scheduling and publishing the Merchant's posts on Facebook, Instagram, YouTube and LinkedIn, from a folder, Google Drive or AI-generated content
• Growth Engine — a business profile, AI ad planner and forecaster, creation and management of ads on the Merchant's own Meta ad account, lead capture and reports; optionally managed by our team
• Creative Studio and AI tools — AI-written texts, posters, images and videos
• Delivery integrations — booking of the Merchant's own courier or rider accounts
• Set-up, onboarding, software development and support services as described in the order, quotation or catalogue item

The features, limits and price of each Add-on are those shown on our website, in the Platform or in the quotation at the time of purchase.

3.2 For Guests

• Frictionless QR scan loyalty enrolment — no app download required
• Digital stamp card and reward tracking via mobile browser (PWA)
• Table/appointment booking at Merchant locations
• Ability to opt out of marketing messages at any time
• Access to rewards earned across multiple Merchants on the Platform

We reserve the right to modify, suspend or discontinue any feature at any time with reasonable notice to active Merchants.

4. Accounts & Registration

4.1 Merchant accounts

• You must provide accurate, complete and current business information during registration
• You are responsible for maintaining the confidentiality of your password and all activity under your account
• Notify us immediately at rakeshappsage@gmail.com if you suspect unauthorized access
• One subscription per business (a "business" being a single legal entity / brand). Multiple locations under one brand may share one subscription
• Account sharing between unrelated businesses is not permitted

4.2 Guest accounts

• Guests register using their mobile phone number, verified by a one-time password (OTP)
• By scanning a QR code and completing OTP verification, you agree to these Terms
• Each phone number constitutes a single Guest identity across the Platform
• You must own or have the right to use the mobile number you register with

4.3 Staff accounts

• Merchants may create staff accounts. The Merchant is fully responsible for the conduct of their staff on the Platform
• Staff accounts must not be shared between individuals
• Merchants must promptly revoke access when a staff member leaves their employ

5. Subscriptions & Billing

5.1 Plans

Plan	Monthly Price	Annual Price	Key limits
Starter	₹599/mo	₹5,750/yr	Up to 500 members, 1 location, basic campaigns
Growth	₹1,499/mo	₹14,390/yr	Up to 2,000 members, 3 locations, full campaigns & analytics
Pro	₹2,999/mo	₹28,790/yr	Unlimited members, unlimited locations, priority support

5.2 Billing cycle

• Subscriptions are billed monthly or annually, as selected at checkout
• Annual plans are billed as a single upfront payment and provide a discount over monthly billing
• Prices are in Indian Rupees (INR) and exclude GST; GST at the applicable rate (currently 18%) is added at checkout
• A GST invoice is generated automatically for every payment and is available on your Billing page

5.3 Autopay mandate

• At checkout you authorize a recurring payment mandate via Razorpay
• The mandate amount equals your chosen plan's billing amount
• After the trial period, charges (plan price + GST) are debited automatically on each renewal date
• You will receive advance notice of the charge via your registered email before each debit
• You may cancel the mandate at any time from your Billing page before the next renewal

5.4 Price changes

We may change subscription prices with at least 30 days' written notice to your registered email. Price changes take effect at your next renewal date. Continuing to use the Service after the effective date constitutes acceptance of the new price.

6. Trial Fee & Autopay

• One trial per business entity. Creating multiple accounts to extend the trial is prohibited and may result in suspension
• If you set up a Razorpay Autopay mandate during the trial, no debit occurs until the trial ends
• To avoid being charged, cancel your subscription from the Billing page before the trial ends
• Trial features are identical to the paid plan — no artificial limitations are imposed during the trial
• We reserve the right to suspend a trial account if we detect abuse (e.g. repeated re-registration)

7. Refunds & Cancellations

7.1 Cancellation

• You may cancel your subscription at any time from the Billing page
• Cancellation takes effect at the end of the current billing period — you retain full access until then
• Your data is not deleted on cancellation — it remains accessible for export for 90 days, then archived

7.2 Refund policy

• Trial fee: The trial fee is non-refundable; it is adjusted against your first plan payment
• First charge after trial: If you contact us within 48 hours of the first post-trial charge and have not used the service meaningfully during that billing period, we will issue a full refund at our discretion
• Annual plans: If you cancel within 7 days of an annual renewal charge and have not materially used the service in that renewal period, we will issue a pro-rated refund
• General: No refunds for partial months, unused campaign sends, or change of mind after meaningful use
• Set-up and activation fees: non-refundable once our team has started the set-up work (for example, the WhatsApp number connection, catalogue upload or account configuration has begun)
• Add-on and management fees (Online E-commerce Shop, Sales Leads, Call Desk, Social Autopilot, Growth Ads, Ads Managed): payable for each period in advance and non-refundable for a period that has started
• Message credits bought in advance are non-refundable and non-transferable; they do not expire while your account is active
• Development and customisation work: as per the quotation; amounts for work already performed are non-refundable
• Results are not a ground for refund: fees are not refundable because you received fewer leads, enquiries, sales or followers than you expected (see Section 8)
• Our failure: if we are unable to provide a paid Add-on at all for reasons within our control, we will refund or credit the unused part of that period
• Refunds, where approved, are processed within 5–7 business days to your original payment method via Razorpay

7.3 Chargebacks

Initiating a chargeback without first contacting us constitutes a breach of these Terms and may result in immediate account suspension. Please contact rakeshappsage@gmail.com first — we aim to resolve all billing disputes within 3 business days.

8. Fees Are for Services — No Guarantee of Results

• What you pay for: access to the software features of your plan and Add-ons for the period paid, and the services described in your order (set-up, configuration, content preparation, campaign set-up and management, training and support). A service is delivered when the feature is available in your account for the period paid, or when the described work has been performed.
• No guarantee: we do not guarantee, promise or warrant any particular number or quality of leads, enquiries, messages, calls, clicks, reach, views, likes, followers, bookings, orders, sales, revenue, return on ad spend (ROAS), profit, search ranking or business growth.
• Results depend on things outside our control, including your products, prices, offers, location, competition, season, ad budget, the quality of your photos and content, how quickly and how well you reply to and follow up enquiries, your customers' decisions, and the delivery, review and policies of Third-Party Platforms such as Meta and Google.
• Forecasts are illustrations: forecasts, estimates, examples (such as "₹2,000 of ads could bring ₹10,000 of sales"), ROI calculators, AI recommendations and case examples shown on our website or in the Platform are illustrative only. They are not promises, guarantees or financial, investment or legal advice.
• No refund or reduction of fees is due because: you received fewer or lower-quality leads or sales than expected; leads did not respond, did not buy or gave wrong details; customers unsubscribed or blocked your number; ads were rejected, limited or delivered less by Meta; your WhatsApp number, display name, templates, catalogue or ad account were restricted by a Third-Party Platform; or you did not use a feature you paid for.
• Your part: you are responsible for replying to and following up the leads and enquiries you receive, fulfilling your orders and honouring the offers you publish. The Platform's reminders, auto-replies and reports are tools to help you; they do not replace your own follow-up.
• This Section does not limit any right you have under the Consumer Protection Act, 2019 that cannot be excluded by contract.

9. Advertising Services (Growth Engine)

9.1 Your ad account, your ad spend

• Ads run on your own Meta advertising account, which you create and own. You add your own payment method on Meta, and Meta charges Ad Spend directly to you under Meta's terms and sends you Meta's invoices.
• We do not collect, hold, receive or refund Ad Spend. Our fees (Growth Ads, Ads Managed by us) are only for our software and services and are billed separately with our own GST invoice.
• Any question or dispute about Ad Spend, Meta's billing, charges, taxes, refunds or credits must be raised with Meta. We will reasonably help you with information from the Platform.

9.2 Your approval and control

• No ad is started and no budget is increased from the Platform without your approval of the daily budget, number of days and maximum total shown on the approval screen. By approving, you authorise the Platform (and, for the managed service, our team) to create, start, pause, change and stop ads on your ad account within what you approved.
• The Platform sets a spend limit on each campaign equal to the amount you approved. Meta decides how the budget is delivered and may, under its own billing rules, charge slightly more or less on a given day; we are not responsible for Meta's delivery, over-delivery or billing.
• You can pause or stop any ad, or all ads, at any time from the Platform or from Meta Ads Manager. Disconnecting your ad account stops further changes from the Platform.

9.3 Meta's review and policies

• Meta reviews every ad and may reject, limit, remove or stop ads, and may restrict or disable ad accounts, Pages or business accounts, under the Meta Advertising Standards and its other terms. Such decisions are Meta's, and we are not liable for them.
• Ads about housing, employment, credit, health and other special or restricted categories have extra rules (for example limited targeting). You must tell us if your ads fall in such a category.

9.4 Ad content and claims

• You are responsible for the ads you approve: the truth of every offer, price, discount, claim and photo; holding the rights to images, logos and trademarks; and compliance with Indian law, including the Consumer Protection Act, 2019 and the CCPA Guidelines on prevention of misleading advertisements, the ASCI Code, the Drugs and Magic Remedies (Objectionable Advertisements) Act, RERA rules for real-estate ads and any rules for your profession.
• Ad texts, posters, audiences and budgets suggested by AI or by our team are suggestions; you must check them before approving.

9.5 Leads, reports and attribution

• Leads from your ads (people who message you or fill a form) are your customers' data. You are the Data Fiduciary for them; we process them on your behalf (see Section 17 and our Privacy Policy). Use them only to answer their enquiry, and send promotional messages only with their consent.
• Numbers shown by Meta and by the Platform (for example conversations vs people who wrote) may differ. Matching of orders and sales to ads is approximate and depends on information you record. Reports are for guidance and are not an audit.

9.6 Managed advertising

When you buy "Ads Managed by us", our team plans, sets up and monitors ads with reasonable professional care and asks for your approval for every new ad and every budget change. The managed service is a service of effort and skill; it does not include any guarantee of results (Section 8) and does not make us responsible for Ad Spend.

10. WhatsApp, Meta and Other Third-Party Platforms

• Many features depend on Third-Party Platforms. Their own terms and policies apply to you, including the WhatsApp Business Policy, the WhatsApp Business Terms and Meta's Commercial Terms. They can change, limit, price, suspend or withdraw their features at any time, and we cannot guarantee that they will keep working in the same way.
• WhatsApp decisions are Meta's: approval of your business, display name, message templates, catalogue and calling; messaging limits; quality rating; and any warning, restriction or ban of your number or account are decided by Meta. We do not guarantee approval, delivery of every message or that your number will not be restricted. Fees are not refundable because of such decisions.
• Meta charges: Meta charges for business-initiated messages and outgoing calls. Depending on your plan, these are included up to an allowance, sold as prepaid message credits, or billed by Meta to the payment method on your own WhatsApp account.
• Call Desk works only on numbers that Meta allows for calling. For example, it does not work on a number that is also used in the WhatsApp Business app on a phone.
• Payments from your customers are made to your own Razorpay (or other payment gateway) account. We are not a party to your sales. KYC, settlement, refunds, chargebacks and fees on those payments are between you, your customer and your payment gateway.
• Deliveries booked through Shiprocket, Borzo, Porter or other partners are contracts between you and that partner, on your own account.
• Online Store: on your store website you are the seller. Payments from your customers go to your own Razorpay account (with the API keys you save, kept encrypted), your own UPI ID or are collected by you in cash; we do not collect, hold or settle that money. You must keep your prices, stock, product details, GST, return, shipping and contact information correct and honour them, as the Consumer Protection (E-Commerce) Rules, 2020 require of sellers. The ready-made policy texts are a starting point; you are responsible for what your store promises.
• Connecting a Third-Party Platform gives the Platform only the access needed for the feature you use. You can disconnect at any time.
• YouTube: by connecting a YouTube channel you also agree to the YouTube Terms of Service, and Google's use of the data is covered by the Google Privacy Policy. You can remove the Platform's access at any time from your Google account's security settings (myaccount.google.com/permissions).
• Not Meta, WhatsApp or Google: LoyaltyRewards is an independent product. It uses the official WhatsApp Business Platform as a Tech Provider, but it is not made, sponsored or endorsed by Meta, WhatsApp, Google, YouTube or LinkedIn, and their names are used only to say which platforms the features work with.
• Map data in Find shops comes from OpenStreetMap (© OpenStreetMap contributors, ODbL) and, if you add a key, Google Maps; results may be incomplete or out of date and are subject to those providers' terms.

11. AI Features and Generated Content

• Some features use artificial intelligence from third-party providers to write texts, read visiting cards, summarise chats, plan posts and ads, and create images or videos.
• AI output can be wrong, incomplete or similar to content made for others. Please check every AI output before you send, approve or publish it. You are responsible for the content you approve and publish.
• We do not guarantee that AI output is accurate, original, free of third-party rights or acceptable to Meta or other platforms.
• Do not enter sensitive personal data (for example health, financial or identity numbers) into AI features.
• AI use may be limited per day or per month as shown in your plan.
• Label AI images and videos: if you publish an AI-made picture or video that looks real (a person, place or event), you must say clearly that it was made with AI, as the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules require. Never use AI to make content that pretends to be a real person, a real event or a document.

12. Social Media Posting

• You must own or have the right to publish every photo, video, music and text you schedule, including files you place in a folder or Google Drive linked to the Platform.
• Posts are published to the pages and channels you connect, at the times you choose. A post may be delayed or fail because of the platform (for example a disconnected Page, a rejected video or an outage); the Platform retries as described in the feature and informs you, but we do not guarantee that every post is published.
• We do not guarantee any reach, views, likes, followers or enquiries from posts.
• Where the feature says so, files are deleted from the folder or Drive after they are posted. Keep your own copy of any file you need.

12A. SEO Autopilot, Points & Rewards and Other Paid Extras

12A.1 SEO Autopilot (you choose the monthly budget)

• A service of work, not a result: You choose your monthly SEO budget. The budget decides the amount of work and reporting done for you each month (for example the number of pages written and published, directory listings, articles with a link, Google Business Profile post texts, Search Console reports, competitor checks and strategy calls), as shown in Billing when you pay. A bigger budget means more work; it does not buy a ranking.
• No ranking or timing guarantee: Google, Bing and other search engines alone decide whether, where and when any page appears. We do not guarantee, promise or warrant any search position (including the first page), any date by which a page will rank, any number of visitors, enquiries, calls or sales, or that a page will stay ranked. Times shown on our website or in the Platform (such as "usually 6–11 months") are typical ranges for local searches for a budget and competition level, given only as estimates; actual results depend on competition, your business, your reviews, your website and the search engines, and may be slower or never happen. Section 8 applies in full.
• Your facts: pages are written by AI from the details you (or we, on your instruction) enter. You are responsible for checking that those details and the published pages are true, current and lawful (no false claims, licences, prices or offers), and you can hide any page at any time. Tell us at once if anything is wrong and we will correct or remove it.
• Where pages live: pages are published on the Platform's own web address under your business name. They are taken offline when your SEO Autopilot plan ends or is switched off. Rankings, links and visitors that pages earned are not transferable and are not refundable.
• Team work: directory listings, articles with links, reports, competitor checks and calls included in your budget are done by our team with reasonable professional care, within the month where possible. Third-party sites (directories, publishers) decide whether to accept, keep or remove a listing or article, may need your own sign-up, verification or OTP, and may charge their own fees, which we do not pay. Work not possible because of a third party or because you did not respond is not carried over or refunded. We never buy links or use automated link schemes that break search engine rules.
• Enquiries: enquiry forms and WhatsApp / Call buttons on your pages send people to you. You alone are responsible for answering them, for your quotes and for the services you provide.
• Budget and changes: your budget is prepaid for the months you choose. A higher budget takes effect when it is paid; an amount already paid is not refunded or prorated when you change your budget. Section 7 (Refunds) applies.

12A.2 Points & Rewards and Bill & Points

• Your programme, your liability: you set the earning rule, the value of a point, the minimum to use, the maximum share of a bill, expiry and tiers. Points are a promise from you to your customers, not from us. You must honour points shown to customers as earned, subject to the rules you published, and must tell customers about changes in advance. Points have no cash value against us and we never pay out points.
• Bills you record: you are responsible for the accuracy of bills, invoice numbers, amounts, items and points entered or corrected by you or your staff. Edits and cancellations are kept in the bill's history and the audit trail. Bill records in the Platform are not a tax invoice issued by us and do not replace your own GST or accounting records.
• Offers and reminders: points offers and reminders go only to customers who agreed to receive messages, under Section 15 and the WhatsApp rules; message costs and limits apply as for any campaign.

12A.3 Paid extras in general

• Paid extras (such as SEO Autopilot, Points & Rewards and Find shops) are bought separately in Billing for 1, 3, 6 or 12 months, are switched off when the paid period ends unless renewed, and are fees for providing the service, not for any result (Section 8). Prices shown in Billing at the time of purchase apply and include GST as shown on your invoice.
• Super Admin may switch an extra on for a client who pays us by another agreed method; the same terms apply.

13. Merchant Obligations

As a Merchant, you agree to:

• Honour your loyalty programme — if you publish a reward (e.g. "free coffee after 6 stamps"), you must honour it to Guests who have legitimately earned it. Failure to do so may be a violation of the Consumer Protection Act, 2019
• Accurate business information — maintain correct business name, address, category, and contact details on the Platform
• Lawful content — ensure all menu items, offers, images and campaign messages comply with applicable laws (FSSAI, Advertising Standards Council of India, etc.)
• Staff management — ensure your staff use the Platform lawfully and in accordance with these Terms
• No stamp fraud — do not manually issue stamps to yourself or associates to claim rewards fraudulently
• Customer consent — only send marketing messages to people who have agreed to receive them. If you import contacts (Excel, billing software or the WhatsApp Business app), you confirm that you collected them lawfully and that they agreed to hear from you; you are responsible for that consent
• Leads and customer data — use the leads, chats, call records and customer details in the Platform only for your own business with those people, keep them confidential, and delete them when the law or the person requires it
• Your own accounts — keep your WhatsApp, Meta, Google, LinkedIn, payment gateway and courier accounts in good standing, follow their rules, and keep your payment methods on those platforms valid
• Follow-up — reply to enquiries and follow up leads yourself or through your staff; the Platform helps but does not do your sales for you
• QR code usage — place QR codes only at your own legitimate business premises
• GST compliance — you are responsible for any tax implications arising from rewards you offer to customers
• Reasonable use — do not abuse the campaign send limits or use the Platform to send spam
• Calling lists and first messages — only add numbers of people you have a real reason to contact (for example members of a group you belong to, or people who gave you their card). Do not buy or scrape number lists. Stop at once when someone asks you to stop, and never call or message numbers on the national Do-Not-Disturb list for promotions by phone or SMS
• SMS rules — if you send SMS through the Platform, you must have your own DLT registration (sender ID and templates) as TRAI requires
• Your own sales and offers — you sell to your customers, not us. Prices, product quality, delivery, refunds, invoices and taxes on your sales, and the truth of your offers and ads, are your responsibility under the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020
• Points and rewards — points are a discount you give in your own shop. They have no cash value, cannot be bought, sold or transferred, and cannot be paid out as money
• Games and contests — spin-the-wheel and similar games must be free to play; do not charge for a chance to win

14. Guest / End User Terms

• You may only register with a mobile number that you own and have the right to use
• Do not attempt to manipulate the stamp system (e.g. scanning QR codes fraudulently, using multiple numbers to earn rewards)
• Reward vouchers are issued per membership and are non-transferable unless the Merchant explicitly permits otherwise
• Rewards have no cash value — they are redeemable only as described by the Merchant's loyalty programme
• Reward expiry dates are set by the Merchant and are shown on your stamp card. Expired rewards cannot be reinstated
• The Merchant — not LoyaltyRewards — is responsible for the quality, availability and fulfilment of rewards
• If a Merchant is suspended or their subscription lapses, rewards earned at that Merchant may become temporarily unredeemable

15. Messaging & Communications

15.1 Transactional messages

We send OTP codes, reward notifications and booking confirmations as part of the core service. These cannot be opted out of as they are essential to service delivery.

15.2 Marketing messages

• Marketing messages are sent by Merchants to their opted-in Guests only
• Guests may opt out at any time using the opt-out link in every message or by contacting us
• Merchants agree to use the messaging feature only for legitimate loyalty-related communications and not for spam, harassment, illegal content, or misleading offers
• A frequency cap of one promotional message per Guest per business per 3 days is enforced by the Platform
• Violations of messaging rules may result in campaign feature suspension or account termination

15.3 WhatsApp Business compliance

Where WhatsApp is used, Merchants and the Platform comply with WhatsApp Business Messaging Policy. Merchants must not use WhatsApp messaging for content that violates Meta's policies.

16. Intellectual Property

16.1 Our IP

The Platform — including its source code, design, UI, algorithms, trademarks, and brand identity — is owned by us and protected under Indian copyright law (Copyright Act, 1957) and applicable IP laws. You may not copy, modify, distribute, reverse-engineer or create derivative works without our express written permission.

16.2 Your content

You retain ownership of all Content you upload (logos, menu items, photos, offer descriptions). By uploading Content, you grant us a non-exclusive, royalty-free, worldwide licence to host, display and process that Content solely to provide the Service. We do not claim ownership of your Content.

16.3 Feedback

If you submit suggestions, feedback or ideas about improving the Platform, you grant us the right to use that feedback without restriction and without obligation to compensate you.

17. Data & Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

• We process personal data in compliance with the Digital Personal Data Protection (DPDP) Act, 2023 and the Information Technology Act, 2000
• Merchants are independent Data Fiduciaries for the Guest data they access via the Platform
• Merchants must maintain their own privacy notices where required by law
• We act as a Data Processor on behalf of Merchants for Guest data stored in the Platform
• Guest data is never sold, shared between Merchants, or used for advertising
• Our YouTube videos are uploaded with YouTube API Services; by using YouTube you agree to the YouTube Terms of Service and the Google Privacy Policy (see Privacy Policy, section 4.6)

18. Prohibited Conduct

You must not:

• Use the Platform for any unlawful purpose, or in violation of any applicable Indian or international law
• Attempt to gain unauthorized access to other accounts, the admin console, database, or server infrastructure
• Reverse-engineer, decompile, or disassemble the Platform's software
• Introduce malware, viruses, worms, or other harmful code
• Conduct automated scraping, crawling or data harvesting
• Impersonate another person, business, or brand
• Use the Platform to send unsolicited bulk messages (spam)
• Upload or distribute content that is defamatory, obscene, sexually explicit, hateful, or discriminatory
• Manipulate or falsify the loyalty stamp or reward system
• Create multiple accounts to circumvent trial limits, feature restrictions or bans
• Interfere with or disrupt the integrity or performance of the Platform
• Attempt to probe, scan or test the vulnerability of the Platform or its security systems
• Use the Platform to process or store payment card data (all payments must go through Razorpay)

19. Uptime & Service Availability

• We target 99.5% monthly uptime for the Platform (excluding scheduled maintenance windows)
• Scheduled maintenance will be communicated with at least 24 hours' notice via email
• We are not responsible for downtime caused by third-party services (Razorpay, Meta/WhatsApp, SMS providers, hosting infrastructure)
• The Platform is provided "as is" and "as available" — we make no warranty of uninterrupted or error-free operation
• No Service Level Agreement (SLA) credits are offered under the current plans unless separately agreed in writing

20. Limitation of Liability

We shall not be liable for:

• Indirect, incidental, special, consequential or punitive damages
• Loss of profits, revenue, data, goodwill or business opportunities
• Damages arising from your reliance on information provided by the Platform
• Acts or omissions of third-party service providers (Razorpay, WhatsApp/Meta, SMS providers, hosting)
• Unauthorized access to your account resulting from your failure to maintain password security
• Interruptions to service caused by force majeure events (natural disasters, government orders, internet outages, etc.)
• A Merchant's failure to honour rewards earned by Guests
• Customer disputes between Merchants and their Guests — these are between the Merchant and Guest directly
• The number, quality or result of leads, enquiries, ads, posts, messages or campaigns, or any shortfall against a forecast, estimate or example (Section 8)
• Ad Spend, Meta's billing, ad delivery, ad rejection, or the restriction or disabling of any ad account, Page, WhatsApp number or business account by a Third-Party Platform (Sections 9 and 10)
• Changes to, limits on, prices of, or outages of Third-Party Platforms
• Content generated by AI that you approved or published, and posts or messages sent at your instruction
• Your sales, deliveries, refunds and payments with your own customers

Nothing in these Terms limits liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded by Indian law.

21. Indemnification

You agree to defend, indemnify and hold harmless LoyaltyRewards, its officers, employees and agents from any claims, damages, losses, penalties or legal fees arising from:

• Your violation of these Terms
• Your violation of any applicable law or regulation
• Content you upload to or transmit through the Platform
• Your use of the messaging feature in violation of WhatsApp Business Policy or TRAI regulations
• Any claim by a Guest arising from your loyalty programme (rewards offered but not fulfilled, etc.)
• Ads you approved, including misleading claims, infringing images or breach of Meta's Advertising Standards or Indian advertising law
• Your use of leads, contacts or customer data, including messages sent without consent and contacts you imported
• Ad Spend and any charges of Third-Party Platforms on your own accounts
• Products and services you sell, deliver or promote through the Platform

22. Termination

22.1 By you

Merchants may cancel their subscription at any time from the Billing page. Guests may request account deletion by contacting us at rakeshappsage@gmail.com.

22.2 By us

We may suspend or terminate your account with immediate effect if:

• You materially breach these Terms and fail to cure the breach within 7 days of written notice
• You engage in prohibited conduct (Section 18)
• Your subscription payment repeatedly fails after reasonable retry attempts
• We are required to do so by law or court order
• We reasonably believe your account is being used fraudulently or to cause harm

For non-material breaches or payment failures, we will provide at least 7 days' written notice before termination. Upon termination, your data remains available for export for 90 days before archival.

22.3 Effect of termination

• Your right to use the Platform ceases immediately on the effective termination date
• Outstanding payment obligations remain due after termination
• Sections 8, 9, 16, 20, 21 and 23 survive termination

23. Disputes & Governing Law

23.1 Governing law

These Terms are governed by and construed in accordance with the laws of the Republic of India. The courts of India shall have exclusive jurisdiction over any disputes arising under these Terms.

23.2 Dispute resolution

We encourage resolving disputes amicably. The process is:

1. Step 1 — Direct resolution: Contact us at rakeshappsage@gmail.com. We will acknowledge within 48 hours and attempt resolution within 15 days.
2. Step 2 — Mediation: If unresolved, either party may request mediation before a mutually agreed mediator in India.
3. Step 3 — Arbitration: If mediation fails, disputes shall be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended). The seat of arbitration shall be India. The arbitration shall be conducted in English.
4. Step 4 — Courts: Nothing prevents either party from seeking urgent injunctive or equitable relief from a competent Indian court.

23.3 Consumer disputes

Nothing in these Terms limits the rights of consumers under the Consumer Protection Act, 2019 or the right to approach consumer forums. Guests who are consumers retain all statutory rights.

24. Changes to These Terms

• We may update these Terms from time to time to reflect changes in our services, legal requirements or business practices
• For material changes, we will notify Merchants at their registered email address at least 14 days before the new Terms take effect
• For non-material changes (grammar, clarifications), the updated Terms take effect on the date shown at the top of this page
• Continued use of the Platform after the effective date constitutes acceptance of the updated Terms
• If you do not agree to updated Terms, you must stop using the Platform and cancel your subscription before the effective date

Previous versions of these Terms are available on request by emailing rakeshappsage@gmail.com.

25. Contact Us

For questions about these Terms, billing, or legal matters:

These Terms of Service are written in English. In the event of any conflict between this document and any translation, the English version shall prevail. These Terms are governed by Indian law. If any provision is found to be unenforceable, the remaining provisions continue in full force and effect.

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