Terms of Service

1. Agreement to these terms

Accepting these Terms or creating an account is not permission for promotional push notifications or location use. In the app, the optional “Allow notifications” choice covers reward alerts, Loyalti updates and promotional offers from Loyalti and businesses whose programs you join, including nearby offers when location is allowed. A successful Allow action enables Offers from shops and Nearby offers, subject to your phone’s notification permission. The location invitation can also enable Nearby offers after location access is allowed. Saving your location for Nearby offers requires device location permission and both offer preferences to be enabled. You can turn either offer preference off in Profile > Notifications, or all push alerts off in phone settings. A later explicit Allow action can enable these preferences again; signing in or ordinary map use does not reset your choices. See Consent and your choices.

These Terms of Service (“Terms”) are a legal agreement between you and 16258026 Canada Inc., operating as Loyalti (“Loyalti,” “we,” “us,” or “our”), governing the Services. By creating an account, accessing the Services, or clicking to accept these Terms, you agree to them and acknowledge our Privacy Policy. If you use the Services for a business or other organization, you represent that you have authority to bind it.

Business account communications: We may email you messages needed to operate and protect your business account, including verification, security, billing and material service or policy notices. These messages are separate from optional product news and promotional email. You can manage optional email updates in the Business Portal under Settings > Business profile; turning them off does not stop necessary account messages. Creating a business account or accepting these Terms does not itself provide express consent to promotional email.

Our initial business launch is focused on Ontario. Quebec business expansion is not part of this launch. Participating locations and program availability may be limited during rollout; travelling outside Ontario does not by itself cancel an existing account or reward.

If you do not agree, do not use the Services. Mandatory rights under applicable consumer, privacy, accessibility, or other law are not excluded by these Terms.

2. Eligibility and accounts

• You must provide accurate information, keep it current, and use only an account you are authorized to use.
• You are responsible for safeguarding credentials and devices and for activity under your account. Notify us promptly of suspected unauthorized access.
• Business accounts may invite owners or staff. The business is responsible for assigning appropriate roles and promptly revoking access.
• The Services are not directed to children under 13. Users under the age of majority require parent or guardian authorization where required by law.
• We may require email confirmation, identity or authority verification, or other reasonable security steps.

3. Loyalti’s role and business relationships

Loyalti provides a technology platform connecting customers with independently operated businesses. Unless expressly stated, Loyalti does not own or operate a participating business and is not the seller of its products or services.

Promotions, loyalty offers and marketing content are published by independent participating businesses. Each business is responsible for the accuracy, legality and fulfilment of its offers, and for obtaining rights to the content it publishes, including reviewing any AI-generated material before publication. This responsibility also covers its profile, locations, program terms, products, services, taxes, licences, customer service, and health and safety obligations.

Loyalti supplies the technology platform and does not endorse or guarantee individual business offers. Using Loyalti’s tools, including AI tools, to create or publish content does not constitute endorsement or approval of that content by Loyalti. Nothing in these Terms excludes Loyalti’s responsibility or customer rights that cannot lawfully be excluded.

Questions about a business's products, qualifying purchases or reward fulfilment should first be directed to that business. For missing stamps, a technical problem or an unresolved reward issue, follow the support process below. You may also report promotional content to Loyalti.

Business availability, map information, hours, and program details may change. Loyalti does not guarantee that a business, location, reward, or promotion will remain available.

4. Stamps, cards, rewards, and offers

• Stamps record progress in a participating business's program; they are not a Loyalti bank balance or cash deposit. They cannot be sold, transferred, exchanged for cash, or combined across cards unless the program expressly permits it or applicable law requires otherwise. This description does not remove any legal rights that apply to a reward, voucher or gift card.
• A completion reward is earned only when the applicable card reaches its required stamp total. A full card may stop accepting stamps until its reward is redeemed.
• Successful redemption resets the card as described in the applicable program. Redemption requires confirmation through an authorized method, which may include NFC or staff QR scanning.
• Welcome stamps, birthday perks, recovery offers, and other promotions may be limited to one per person, account, card, location, household, or period and may have separate eligibility and expiry terms.
• We or a participating business may reject, reverse, suspend, or investigate stamps or rewards reasonably believed to result from error, duplicate use, unauthorized credentials, manipulation, fraud, or violation of program terms.
• Removing a card from view does not necessarily erase its history. Rejoining a card does not create a new right to one-time benefits.

Missing stamps, incorrect balances or refused rewards

If a qualifying purchase did not earn the expected stamps, your balance appears incorrect, or a business refuses a reward you believe is valid, contact the business or open Profile > Support in the Loyalti app. You may also email [email protected]. You can contact Loyalti directly if the business cannot be reached or the issue is technical.

Tell us the business and location, the card or offer, the approximate transaction date, your account email and what went wrong. Include a receipt or screenshot if available, with unrelated payment or personal details hidden. Do not send passwords, full payment-card details, live customer QR codes or NFC credentials. Please report the issue as soon as reasonably possible; this request does not shorten any statutory deadline or remove a legal remedy.

We will use reasonable efforts to review available platform records, request relevant information and, where appropriate, contact the business. A verified recording error may be corrected through authorized processes. An adjustment or alternative offer is not automatic and depends on the evidence, the applicable program and any business agreement. We do not promise a particular outcome or resolution time.

The business remains responsible for its goods, services and valid rewards. Loyalti does not automatically reimburse a business purchase, pay a reward's cash value or require another business to accept it. Nothing in this process limits our responsibility or your remedies where the law provides otherwise.

Program changes, expiry and business closure

Businesses must disclose material program conditions before participation, including qualifying purchases, participating locations and any lawful expiry or redemption restrictions. A promotional offer's deadline is not necessarily an expiry date for stamps already collected. No expiry or change may override mandatory consumer rights, including applicable Ontario reward-point or gift-card protections.

A business changing or ending its program must give affected customers reasonable notice where practicable, explain how existing stamps and earned rewards will be handled, and honour the terms applicable when benefits were earned, subject to lawful changes and mandatory rights. Ending a subscription does not itself release the business from obligations to its customers.

When a business's operational access ends, new card enrolments and stamp collection stop. Existing cards and transaction records are not automatically deleted. Loyalti's current closure process supports redemption of already-earned stamp-card rewards for up to 90 days after the business's platform access ends, provided a valid redemption channel remains available. A temporary security or administrative suspension may prevent redemption while it is in place. This operational window is not a blanket expiry rule for unfinished stamp balances or a limit on rights that must continue by law.

A retained card or redemption window does not mean a closed venue can still supply goods or services. If a business is no longer operating or you cannot redeem, contact Support so we can review the records and available options. We cannot guarantee replacement benefits from Loyalti or another business, except where the law requires a remedy.

Where mandatory consumer law gives you rights that conflict with a program term, the mandatory law prevails.

5. Business-user obligations

A business using Loyalti must:

• publish complete, accurate, and lawful program terms, including eligibility, required stamps, reward, participating locations, and any material restriction or expiry;
• honour valid rewards and offers it creates and handle customer complaints fairly;
• obtain all rights, licences, and consents needed for uploaded names, logos, artwork, content, customer lists, and review destinations;
• use customer information only for the program and lawful purposes disclosed to customers;
• send commercial electronic messages only with valid consent and include required sender identification, contact information, and an effective unsubscribe mechanism;
• avoid false, misleading, discriminatory, unsafe, illegal, or unfair promotions;
• protect staff access and NFC/QR credentials and report lost, copied, or compromised credentials promptly; and
• comply with consumer protection, competition, privacy, accessibility, anti-spam, tax, employment, advertising, and industry-specific laws.

A business must not require or reward a particular public-review sentiment, discourage honest reviews, or misrepresent private feedback as a verified public review.

6. Acceptable use

You must not:

• access another person’s account, impersonate anyone, or misrepresent authority;
• copy, share, tamper with, automate, or misuse NFC tags, QR codes, customer codes, or redemption credentials;
• award, obtain, redeem, or reverse stamps or offers without a genuine authorized transaction or other valid program basis;
• probe, bypass, disable, overload, scrape, reverse engineer, or interfere with security or operation of the Services, except where applicable law expressly permits it;
• upload malware or content that is illegal, infringing, deceptive, hateful, harassing, or violates another person’s privacy;
• use the Services to send spam or unlawful communications; or
• use automated means to create accounts or generate artificial visits, ratings, stamps, redemptions, or engagement.

7. Content, licence, and intellectual property

You retain ownership of content you submit. You grant Loyalti a non-exclusive, worldwide, royalty-free licence to host, reproduce, adapt, format, display, distribute, and otherwise use that content only as reasonably necessary to operate, secure, promote, and improve the Services and the program for which it was submitted. This licence ends when the content is deleted, except for copies reasonably retained in backups, audit records, or materials already shared at your direction.

You represent that you have all rights needed to submit the content and that our permitted use will not violate law or third-party rights.

The Loyalti name, software, design, documentation, and other platform materials are owned by Loyalti or its licensors. Except for the limited right to use the Services under these Terms, no rights are granted. Feedback about Loyalti may be used without restriction or payment, provided we do not publicly identify you without permission.

Reporting promotional content

To report content you believe is misleading, unlawful, infringing or otherwise inappropriate, email [email protected]. Include the business name, the promotion title or link, and a short explanation. Do not send passwords, live NFC or QR credentials, or unnecessary personal information.

Loyalti may remove or restrict content or suspend business access when reasonably necessary to investigate a report, protect users, comply with law or app-store requirements, or enforce these Terms. A business must cooperate with reasonable requests to correct or remove content. Providing a reporting route does not mean every offer is reviewed before publication.

8. Feedback, public reviews, and AI-generated artwork

Customer feedback and review destinations

A business may invite private feedback and may provide a third-party public-review link. If you choose to continue, you leave Loyalti and the third party’s terms apply. Loyalti does not post a public review on your behalf, control whether it is published, or guarantee a business’s rating. Private feedback may be shared with the relevant business so it can respond or offer a one-time recovery benefit.

AI artwork

Optional AI tools may generate stamp-card and promotional artwork from prompts, business details, colours, uploaded images, or other inputs. Generated material may be inaccurate, non-unique, or similar to material generated for others.

Before publishing, sharing or sending AI-generated artwork, the business must review and approve the final image and all included wording, prices, discounts, dates, conditions, claims and branding. The business must correct errors and ensure the result is appropriate, lawful, and does not infringe rights. This obligation applies whether the artwork is uploaded, AI-assisted or generated through Loyalti. Generating an image is not confirmation that its content is accurate or permitted.

Loyalti does not guarantee ownership, registrability, exclusivity, or fitness of AI output. This section does not exclude responsibility that cannot lawfully be excluded.

9. Third-party services and app stores

The Services may depend on or link to third-party authentication, maps, review, messaging, payment, hosting, AI, and app-store services. Their terms and privacy policies govern their services. We are not responsible for third-party content, availability, decisions, or acts, but this does not limit responsibility that cannot lawfully be excluded.

If you download the app through Apple or Google, the store is not a party to these Terms and is not responsible for the Services, support, or claims, except as its own terms require. You must also comply with applicable store terms.

10. Fees, subscriptions, and taxes

The Loyalti customer app does not sell subscriptions or process purchases. Customers can use their loyalty wallet without a Loyalti subscription. Any qualifying purchase required by a business's program is made with that business, not through Loyalti.

Business owners subscribe through the web-based Business Portal, not the customer app. Before charging a fee, we will present the price, currency, billing frequency, included features, renewal terms, and cancellation method. The order or checkout terms shown when you subscribe form part of these Terms. A demonstration checkout or test payment does not establish a real paid subscription.

Trials and automatic renewal

Where a paid subscription is offered, an eligible first-time business may receive the trial shown at checkout, currently 14 days for new trials. The paid-subscription trial requires a valid payment method. Checkout must show the trial end date, the amount due afterward and the billing interval before you confirm. Previously granted trial end dates remain as agreed.

By confirming a paid subscription, you authorize the disclosed charges through the payment provider. Unless you cancel before the displayed trial end date, the selected paid plan begins at that date. Subscriptions then renew automatically at the disclosed monthly or annual interval until cancelled. Changing plans, cancelling and returning, or reopening a business does not create another trial or restart the original trial period.

Access expressly labelled as demo or testing is separate from paid billing. It does not automatically convert into a paid subscription or authorize a real charge; a separate paid checkout confirmation is required.

Cancellation and plan changes

The business owner can request cancellation through Settings > Plan & Billing in the Business Portal, using the available cancellation or payment-provider controls. If these controls are unavailable, contact [email protected] and retain a copy of your request. Check the confirmation and effective end date; simply uninstalling the customer app, signing out or removing a stamp card does not cancel a business subscription.

Cancellation stops the next renewal and normally takes effect at the end of the current trial or paid billing period. Remaining access continues until the confirmed end date unless access is restricted for a separate reason under section 11. Cancelling a trial before its end prevents the first subscription charge. Cancellation does not restart a trial or extend an already-paid period.

Where plan changes or add-ons are available, their price, billing interval, effective date and any prorated charge or credit must be shown before confirmation. A separately disclosed monthly add-on does not become annual solely because the base plan is annual. An unavailable option is not included or activated by requesting it.

Failed payments, billing questions and refunds

Businesses must keep their billing contact and payment method current. A failed or overdue payment may cause paid features or operational access to be restricted. Check the billing status and contact Support to resolve the issue; these Terms do not promise a fixed grace period or uninterrupted access after payment failure.

There are no automatic prorated refunds for unused subscription time after cancellation, a downgrade or non-use, unless different refund conditions were expressly agreed before purchase or a refund is required by law. This policy does not prevent us from correcting a duplicate or incorrect charge or approving a refund after reviewing the circumstances.

For a duplicate charge, suspected billing error or refund request, contact billing support with your business name, invoice reference, charge date and a short explanation. Do not send full payment-card details. We will review the request against the payment records, the refund conditions disclosed before purchase and applicable law. Cancellation by itself is not confirmation that a refund has been approved. Nothing here excludes a refund or other remedy required by law.

Unless stated otherwise, fees exclude applicable taxes. Businesses are responsible for taxes arising from their own sales, rewards, and operations. We may change future pricing on reasonable advance notice, allowing you to cancel before an affected renewal, but will not retroactively change an already-paid billing period.

Billing cancellation and customer reward obligations are separate. Ending paid access does not automatically erase customer records or settle outstanding rewards; see program changes and business closure.

11. Suspension, termination, and service changes

You may stop using the Services at any time and may request account deletion through available controls. We may suspend or terminate access when reasonably necessary to protect users or the Services, investigate suspected fraud or legal violations, respond to non-payment, comply with law, or address a material breach of these Terms. Where appropriate, we will give notice and an opportunity to remedy.

We may change or discontinue features. We will use reasonable efforts to give advance notice where a change materially affects paid Services. Sections that by their nature should survive termination—including ownership, payment obligations, disclaimers, liability, indemnity, and dispute terms—will survive.

12. Disclaimers

To the fullest extent permitted by law, the Services are provided “as is” and “as available.” Loyalti does not promise uninterrupted or error-free operation, that every device will support NFC or other hardware functions, that maps or locations are exact, that messages will always be delivered, or that a participating business will honour an offer.

Loyalti does not provide legal, tax, accounting, health, or business advice. Businesses should obtain professional advice for their own programs and obligations.

Nothing in these Terms excludes a warranty, condition, or remedy that applicable law does not permit us to exclude.

13. Limitation of liability

To the fullest extent permitted by law, Loyalti and its directors, officers, employees, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenue, goodwill, data, or business opportunity, arising from the Services, even if advised that such loss was possible.

To the fullest extent permitted by law, our total liability arising from or relating to the Services will not exceed: (a) for paid business Services, the fees paid by the claimant to Loyalti for those Services in the 12 months before the event giving rise to the claim; or (b) for free Services, CAD $100.

These limits do not apply to liability that cannot lawfully be limited, or to our fraud, wilful misconduct, or gross negligence. Some jurisdictions do not allow certain exclusions, so portions of this section may not apply to you.

14. Business indemnity

If you use Loyalti for a business, you will defend, indemnify, and hold harmless Loyalti and its directors, officers, employees, contractors, and affiliates from third-party claims, damages, penalties, and reasonable legal costs arising from: your business, products, services, staff, content, loyalty terms, promotions, messages, public-review practices, violation of law, violation of these Terms, or infringement of third-party rights. This obligation does not apply to the extent a claim results from Loyalti’s own gross negligence, wilful misconduct, or breach of these Terms.

15. Governing law and disputes

These Terms are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. Before starting a court proceeding, the parties will try in good faith for 30 days to resolve the dispute after written notice, unless urgent injunctive relief is reasonably required.

Subject to mandatory consumer rights and any court with exclusive jurisdiction, disputes will be brought in the courts located in Ontario. Nothing in these Terms prevents a consumer from using a regulator, small claims court, or other forum available under mandatory law.

16. General terms

• Changes: We may update these Terms. Material changes will receive reasonable notice, and continued use after the effective date constitutes acceptance where permitted by law.
• Assignment: You may not assign these Terms without our written consent. We may assign them as part of a reorganization, financing, sale, or transfer of the Services.
• Force majeure: Neither party is responsible for delay caused by events beyond reasonable control, except payment obligations.
• Severability: If a provision is unenforceable, it will be modified only as much as needed, and the remainder will continue.
• No waiver: A failure to enforce a provision is not a waiver.
• Entire agreement: These Terms, the Privacy Policy, and any applicable order or program terms are the entire agreement about the Services and replace prior discussions on that subject.
• Language and accessible formats: Contact us if you need these Terms in an alternate format. We will work to provide reasonable access. If a professionally approved French version is provided, the parties will specify which version governs to the extent permitted by law.

Questions and legal notices may be sent to [email protected] or to our mailing address in the Privacy Policy. Legal notices should identify the sender, account email, issue, and requested resolution. Do not send passwords or unnecessary sensitive information.