Effective date: May 14, 2026

These Terms govern access to and use of Loyaltree's website, merchant tools, customer loyalty features, wallet-pass functionality, and related services.

1. Service

Loyaltree provides software for digital loyalty programs, customer accounts, wallet passes, merchant administration, location management, subscription billing, and related communications. Some features depend on third-party providers such as payment, email, hosting, authentication, address lookup, and wallet platforms.

2. Eligibility

You may use the service only if you can lawfully enter into a binding agreement and use the service under applicable law. If you are below the minimum age required by applicable law to use the relevant feature or service, you may not use it unless lawful authorization is in place. Merchants are responsible for ensuring that their own program rules, notices, age-gating decisions, and customer-facing communications comply with laws that apply to their business.

3. Accounts and credentials

You must provide accurate information, maintain the confidentiality of your credentials, and promptly notify Loyaltree or your merchant administrator if you suspect unauthorized access. You are responsible for activity reasonably attributable to your account until you report misuse.

4. Guest use and wallet-card acceptance

Some merchant programs allow customers to continue without creating a registered account and receive a guest wallet card. By choosing to continue without an account, saving a guest card to Apple Wallet or Google Wallet, presenting it for scans, or otherwise using it, you agree to these Terms and acknowledge the Privacy Policy. Guest cards may have limited functionality, may need to be linked to a registered account for account recovery or expanded features, and remain subject to the merchant's loyalty-program rules.

5. Merchant-operated programs

Points, rewards, redemptions, eligibility rules, location or branch settings, campaign settings, promotional statements, and customer-facing program terms are defined and controlled by the merchant operating the relevant program. The merchant is fully responsible for the loyalty rules it applies, the rewards it offers, its customer-facing communications, and its legal compliance toward its own customers, including consumer, advertising, tax, and sector-specific obligations. Loyaltree is not responsible for those merchant-controlled decisions.

6. Wallet passes and third-party platforms

Apple Wallet, Google Wallet, payment providers, address lookup providers, and other third-party platforms may apply their own terms, privacy notices, technical restrictions, location-permission controls, and availability conditions. Loyaltree is not responsible for service interruptions, policy changes, wallet notification behavior, device settings, or device limitations caused by those third parties.

7. Billing and subscriptions

Merchant subscriptions, invoices, renewals, retries, taxes, and payment-method flows may be handled through Loyaltree and integrated payment providers. Unless stated otherwise in a specific offer or mandatory law, paid subscriptions renew automatically until canceled, and Loyaltree may suspend or limit the affected Services for non-payment or failed collection attempts. Merchants are responsible for providing accurate billing details and keeping their payment method current.

8. Refunds

Except where required by applicable law or expressly agreed in writing, fees are generally non-refundable. Loyaltree may consider refunds or account credits in limited circumstances, such as duplicate charges, billing errors, service issues attributable to Loyaltree, or other circumstances where a refund is required by law. Any refund decision does not limit statutory rights that cannot be excluded.

9. Acceptable use

• Do not misuse the service, interfere with security features, or attempt unauthorized access
• Do not manipulate points, rewards, scans, wallet cards, locations, or transactions in a fraudulent or misleading way
• Do not upload unlawful, infringing, harmful, or deceptive content
• Do not impersonate another person, merchant, or organization
• Do not use the service in breach of law, third-party rights, or contractual restrictions

10. Privacy

Use of the service is also subject to Loyaltree's Privacy Policy, Cookies & Device Storage Notice, and, where applicable, the DPA between Loyaltree and the merchant customer.

11. Availability and changes to the service

Loyaltree may change, improve, suspend, or discontinue parts of the service from time to time. We aim to operate a reliable service but do not promise uninterrupted availability or error-free operation.

12. Disclaimer of warranties

To the maximum extent permitted by law, the service is provided on an "as is" and "as available" basis. Loyaltree does not guarantee that the service will be uninterrupted, error-free, secure in every circumstance, or available at all times, and does not guarantee that third-party integrations or infrastructure dependencies will remain continuously available.

13. Intellectual property

Loyaltree and its licensors retain rights in the software, branding, designs, content, and service materials except for merchant or user content that remains owned by its respective owner. You receive only the limited right needed to use the service as permitted by these Terms.

14. Suspension and termination

Loyaltree may suspend or terminate access where reasonably necessary for security, abuse prevention, non-payment, legal compliance, or material breach of these Terms. Merchants may also disable or remove access for users within their organization or loyalty program where their rights allow it.

15. Liability

To the maximum extent permitted by law, Loyaltree is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profit, revenue, business opportunity, goodwill, anticipated savings, or data. To the maximum extent permitted by law, Loyaltree's aggregate liability arising out of or in connection with the claim is limited to the total fees paid by the customer for the affected Services in the 12 months preceding the claim. Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, wilful misconduct, death or personal injury caused by negligence, or any liability that cannot lawfully be excluded or limited.

16. Force majeure

Loyaltree is not responsible for delay, failure, or interruption caused by events beyond its reasonable control, including infrastructure outages, internet or telecommunications failures, denial-of-service events, cloud-provider incidents, failures of payment or wallet platforms, labor disputes, natural disasters, war, civil unrest, governmental action, or widespread software supply-chain incidents.

17. Changes to these Terms

Loyaltree may update these Terms from time to time. The version published in the service or on the website will apply from its stated effective date. Continued use after the effective date means you accept the updated Terms, subject to any mandatory rights you have under applicable law.

18. Governing law and disputes

These Terms are governed by the laws specified in your contract with Loyaltree or, if no separate contract applies, by the laws of the Netherlands, without prejudice to mandatory consumer protections that may apply in your country of residence.

19. Contact

Questions about these Terms can be sent to:

support@loyaltree.io

Annex 1 - Data Processing Agreement summary

This Annex summarizes the core processor terms that generally apply where a merchant uses Loyaltree as processor under Article 28 GDPR. A fuller contractual DPA may still be needed for signed merchant arrangements.

1. Roles

For merchant-operated loyalty data, the merchant acts as controller and Loyaltree acts as processor, except where Loyaltree independently determines purposes for its own operational, billing, security, or legal compliance activities.

2. Subject matter and processing activities

• User and merchant account management
• Loyalty program administration, reward handling, location support, and transaction processing
• Wallet-pass creation, updating, location-notification configuration, and delivery support
• Email workflows connected to service operation
• Hosting, storage, support, and security operations

3. Subprocessors and service providers

• AWS services such as Cognito and S3
• Railway for backend application hosting and managed PostgreSQL infrastructure
• Redis or similar operational infrastructure
• Resend for email delivery
• Mollie for billing and payment flows
• Loyaltree-operated card service microservice, plus Apple Wallet and Google Wallet integrations
• Address lookup providers for merchant address and location support
• ALTCHA for anti-bot and abuse prevention checks

4. Security

Loyaltree applies measures appropriate to the nature of the processing, such as role-based access, encrypted transport, token/session controls, provider access restrictions, and operational monitoring.

5. Data subject requests

Where Loyaltree acts as processor, the merchant remains primarily responsible for responding to data subject requests. Loyaltree should provide reasonable assistance to the extent required by Article 28 GDPR and the service configuration.

6. Incidents

Loyaltree should notify the merchant without undue delay after becoming aware of a personal data breach affecting processor-handled merchant data and should share information reasonably needed for the merchant's own assessment and notification duties.

7. International transfers

If processing involves access from or transfer to a country outside the EEA, Loyaltree should ensure an appropriate transfer mechanism is used for the relevant processor relationship.

8. Return and deletion

On termination of the relevant merchant service, Loyaltree should delete or return merchant personal data as agreed in contract and as required by law, subject to backup cycles, legal retention duties, and security limitations.

9. Priority of signed contract terms

Where a separately signed DPA or master service agreement exists, that signed contract prevails over this summary annex to the extent of any inconsistency.