Loyalif Terms of Service

These Terms of Service set out the rules under which ESPORT INDUSTRIES sp. z o.o. provides the services of the Loyalif loyalty platform by electronic means. For the purposes of these Terms, the following terms have the meanings set out below:

• Service Provider — ESPORT INDUSTRIES sp. z o.o., with its registered office in Kraków, ul. Karmelicka 47, 31-128 Kraków, Poland, Tax ID (NIP): 6762690058, REGON: 541240604, National Court Register (KRS): 0001163276, e-mail: [email protected].
• Service / Platform — the Loyalif system available at loyalif.com, enabling the creation of digital loyalty cards in Apple Wallet and Google Wallet, the management of loyalty programs, and the sending of push notifications.
• Customer — an entrepreneur within the meaning of Article 43¹ of the Polish Civil Code who has entered into an agreement with the Service Provider for the use of the Platform.
• Account — the Customer's individual administrative panel on the Platform, protected by a login and password.
• End Consumer — a natural person who is a customer of the Customer and who has added a loyalty card issued by the Customer to their digital wallet.
• Plan — the pricing tier of the Service selected by the Customer (Starter, Grow, Business) determining the scope of available features.
• Billing Period — the monthly, quarterly, or annual billing cycle depending on the chosen payment frequency.
• Starter Plan — the free variant of the Service, available with no time limit, with the scope of features indicated in the pricing list.

The Service Provider provides the Customer with access to the Platform under a SaaS (Software as a Service) model, which enables in particular:

• creating and issuing digital loyalty cards (stamp-based, points-based) that work in Apple Wallet and Google Wallet;
• running a rewards shop and exchanging points for rewards;
• scanning customers’ QR codes in order to award stamps or points;
• sending push notifications to customers’ devices (close-to-reward, win-back, and birthday campaigns);
• analyzing customer activity and loyalty program statistics.

The full scope of features available under a given Plan is specified on the pricing page loyalif.com/#pricing.

Using the Platform requires:

• a device with internet access;
• a current version of a web browser supporting HTML5, CSS3, and JavaScript (Chrome, Safari, Firefox, Edge);
• an active e-mail account (for confirmations and communication with the Service Provider);
• for End Consumers — a mobile device running iOS (Apple Wallet) or Android (Google Wallet).

The agreement is concluded upon completion of the account registration process by the Customer at loyalif.com.

1. 1.The Customer completes the registration form, providing the required data (first name, last name, e-mail, company name, Tax ID).
2. 2.The Customer accepts the Terms of Service and the Privacy Policy by checking the relevant boxes.
3. 3.The Customer confirms their e-mail address by clicking the activation link.
4. 4.After activation, the Customer obtains unlimited access to the free Starter Plan.
5. 5.The Customer may at any time choose a paid Plan and a payment method, thereby concluding a paid agreement.

The Customer represents that the data provided in the form is true and current. In the event of a change of data, the Customer is obliged to update it promptly in the Account panel.

The Starter Plan is free of charge. Use of paid Plans is billed according to the pricing list in force on the day the agreement is concluded. Payments are handled by the payment processor Stripe Payments Europe Ltd.

• Payment is charged in advance for the selected Billing Period (monthly / quarterly / annual).
• A paid Plan subscription begins upon payment and renews on a recurring basis unless the Customer terminates it.
• All prices shown on the pricing page are net prices (VAT must be added in accordance with applicable regulations).
• VAT invoices are issued electronically and sent to the Customer’s e-mail address. The Customer consents to receiving invoices in electronic form.
• Failure to pay on time results in suspension of access to the Platform. After 30 days of arrears, the Service Provider may terminate the agreement through the Customer’s fault.

These Terms govern the provision of services to entrepreneurs (B2B). Pursuant to Article 38a of the Polish Consumer Rights Act, the right to withdraw from a distance contract also applies to a natural person concluding a contract directly related to their business activity, where it follows from the content of the contract that it does not have a professional character for that person.

A Customer who is a sole trader and for whom the contract does not have a professional character may withdraw from the agreement within 14 days of its conclusion without giving any reason, by submitting a statement to [email protected]. The template withdrawal form is set out in Annex No. 2 to the Consumer Rights Act.

The Customer accepts that if they requested that the provision of the Service begin before the withdrawal period expired, they are obliged to pay the Service Provider an amount proportional to the services rendered up to the moment of withdrawal.

The Service Provider makes every effort to keep the Platform available continuously. The target availability level is 99.5% per month, excluding scheduled maintenance.

• Scheduled maintenance is announced at least 24 hours in advance by e-mail to the Customer or in the Platform panel.
• The Service Provider is not liable for unavailability of the Service caused by force majeure, a failure on the Customer’s side, infrastructure providers (Cloudflare, Hostinger, Stripe, Apple, Google), or factors beyond the Service Provider’s control.
• Technical support is provided electronically at [email protected] on business days, between 9:00 a.m. and 5:00 p.m. CET.

The Customer undertakes to:

• use the Platform in a manner consistent with these Terms, Polish law, and generally applicable European Union law;
• not use the Platform for unlawful activities, including sending unsolicited commercial communications (spam) or content infringing the rights of third parties;
• independently act as the controller of the personal data of End Consumers in accordance with Article 4(7) GDPR and comply with all controller obligations;
• conclude a data processing agreement (DPA) with the Service Provider — available at /gdpr — which is necessary for the processing of End Consumers’ data by the Platform;
• keep Account access credentials confidential and promptly notify the Service Provider of any attempted unauthorized access;
• pay amounts due under the subscription on time.

The Service Provider’s liability towards the Customer — except for damage caused intentionally — is limited to the amount of fees paid by the Customer in the 12 months preceding the event giving rise to the damage.

The Service Provider is not liable for:

• lost profits, loss of reputation, or loss of data on the Customer’s side resulting from the Customer’s failure to keep backups;
• content entered by the Customer onto the Platform (program names, reward descriptions, push notification content) — the Customer bears sole responsibility for it;
• infringements of End Consumers’ rights resulting from the Customer’s actions as the controller of their data;
• temporary unavailability of the Service caused by failures of external providers (Apple Wallet, Google Wallet, Stripe, FCM, hosting providers).

The Customer may submit complaints regarding the provision of the Service electronically to [email protected].

• A complaint should contain data identifying the Customer, a description of the reported problem, and the expected manner of its resolution.
• The Service Provider examines the complaint within 14 days of its receipt.
• The Service Provider sends its response to the complaint to the Customer’s e-mail address indicated in the report or in the Account data.

The agreement is concluded for an indefinite period and may be terminated by either party under the following rules:

• The Customer may terminate the agreement at any time from the Account panel or by e-mail. Termination takes effect at the end of the current Billing Period — fees already paid are not refunded on a pro-rata basis.
• The Service Provider may terminate the agreement with a 30-day notice period, stating the reason.
• The Service Provider may terminate the agreement without notice in the event of a gross breach of the Terms by the Customer (including payment arrears exceeding 30 days, breach of GDPR obligations, or unlawful conduct).
• After termination, the Customer has 30 days to download their own data from the Platform. After that period, the data is permanently deleted (except for records required by law — e.g., invoices).

The Service Provider reserves the right to amend the Terms in justified cases, in particular in the event of changes in the law, changes to Platform features, or changes to the pricing list.

• The Customer is informed of a planned change by e-mail at least 14 days before the changes take effect.
• The Customer has the right to terminate the agreement without a notice period within 14 days of receiving the information, if they do not accept the changes.
• Failure to terminate within that period constitutes acceptance of the changes.

• In matters not regulated by these Terms, Polish law applies, in particular the Civil Code, the Act on Providing Services by Electronic Means, and the GDPR.
• The court competent to resolve disputes arising from the agreement is the court having jurisdiction over the Service Provider’s registered office — Kraków.
• The language of the agreement and of communication is Polish. This English version is provided for convenience; in the event of any discrepancy, the Polish version prevails.
• Annexes to the Terms: (1) Privacy Policy (/privacy), (2) Data Processing Agreement — DPA (/gdpr).