Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and LoyalSiBes ("Company," "we," "us," or "our") concerning your access to and use of the LoyalSiBes platform, including our website at app.loyalsibes.ph and all related services (collectively, the "Service").

By registering for, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Service. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

2. Description of Service

LoyalSiBes is a cloud-based loyalty program management platform designed for Filipino businesses. Our Service provides tools to:

• Manage customer information and relationships
• Create and track customer loyalty rewards programs
• Process transactions and award points automatically
• Schedule and manage appointments
• Track customer check-ins and queue management
• Send notifications (SMS and email) to customers
• Generate analytics and reports on customer behavior
• Manage service offerings and bundles
• Configure customer tier systems (Bronze, Silver, Gold)

The specific features available to you depend on your subscription plan (Basic, Business, or Custom).

3. Eligibility and Account Registration

3.1 Eligibility

To use LoyalSiBes, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Represent a legitimate business operating in the Philippines
• Not be prohibited from using the Service under Philippine law

3.2 Account Registration

When you create an account, you must provide:

• Accurate, complete, and current information
• A valid business email address
• Business name and contact information

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account information remains accurate and up-to-date

4. Subscription Plans and Pricing

4.1 Subscription Tiers

LoyalSiBes offers three subscription tiers:

4.2 Billing and Payment

• Subscription fees are billed monthly in advance
• Appointment booking fees (if applicable) are billed based on actual usage
• All fees are in Philippine Pesos (₱)
• Payment methods: GCash, PayMaya, credit/debit cards (via PayMongo), bank transfer
• No setup fees or hidden charges
• Taxes may be added as required by Philippine law

4.3 Free Trial

We may offer a 14-day free trial for paid plans. No credit card is required during the trial period. At the end of the trial, you will be automatically subscribed to the selected plan unless you cancel before the trial ends.

4.4 Refund Policy

We offer a 14-day money-back guarantee for new paid subscriptions. If you're not satisfied within the first 14 days, contact us for a full refund. Refunds are not available after the 14-day period. Appointment booking fees are non-refundable.

5. Cancellation and Termination

5.1 Cancellation by You

You may cancel your subscription at any time through your account settings. Upon cancellation:

• You will retain access until the end of your current billing period
• No refund will be provided for the remaining days of the billing period
• Your account and data will be retained for 90 days in case you wish to reactivate
• After 90 days, your data may be permanently deleted unless required by law

5.2 Data Export

Before cancellation, you may export your data in CSV or JSON format. We recommend exporting all customer, transaction, and reward data for your records.

5.3 Termination by Us

We reserve the right to suspend or terminate your account if:

• You violate these Terms or our Privacy Policy
• You fail to pay fees when due (after 7-day grace period)
• You use the Service for illegal or fraudulent purposes
• You abuse or misuse the Service in ways that harm other users
• We are required to do so by law

We will provide reasonable notice before termination unless immediate termination is required for legal or security reasons.

6. Acceptable Use Policy

6.1 Permitted Use

You may use LoyalSiBes only for lawful business purposes in accordance with these Terms.

6.2 Prohibited Activities

You agree NOT to:

• Violate any Philippine laws or regulations
• Use the Service for fraudulent or deceptive purposes
• Collect customer data without proper consent
• Send spam or unsolicited commercial messages to customers
• Attempt to hack, breach, or circumvent our security measures
• Reverse engineer, decompile, or disassemble the Service
• Use automated scripts to access or scrape the Service
• Resell or sublicense access to the Service without authorization
• Upload malicious code, viruses, or harmful content
• Impersonate another person or entity
• Interfere with other users' access to the Service
• Use the Service to store or transmit sensitive personal data without proper safeguards

7. Customer Data and Privacy

7.1 Your Responsibilities as a Business

When using LoyalSiBes to collect and manage customer data, you are responsible for:

• Obtaining proper consent from your customers before collecting their personal information
• Complying with the Data Privacy Act of 2012 and all applicable privacy laws
• Informing customers about how their data will be used
• Honoring customer rights including access, correction, and deletion requests
• Using customer data only for legitimate business purposes
• Not sharing customer data with third parties without consent

7.2 Our Role as a Processor

LoyalSiBes acts as a data processor for customer data you collect through our platform. You remain the data controller responsible for compliance with privacy laws. We process customer data only according to your instructions and applicable law.

7.3 Data Security

We implement industry-standard security measures to protect customer data. However, you are responsible for maintaining the security of your account credentials and ensuring authorized access only.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service, including all content, features, functionality, source code, user interface, design, and trademarks, is owned by LoyalSiBes and protected by Philippine and international intellectual property laws.

8.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

8.3 Your Content

You retain ownership of all data, content, and materials you upload to the Service ("Your Content"). By uploading Your Content, you grant us a limited license to:

• Store, process, and transmit Your Content to provide the Service
• Create backups and copies for data protection
• Generate anonymized analytics and aggregate statistics

9. Service Availability and Support

9.1 Uptime and Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Emergency maintenance or security updates
• Circumstances beyond our control (network issues, power outages, etc.)

9.2 Customer Support

Support levels vary by plan:

• Basic Plan: Email support during business hours (Monday-Friday, 9 AM - 5 PM PHT)
• Business Plan: Priority email support with faster response times
• Custom Plan: Dedicated support with custom SLA

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 No Guarantees

We do not guarantee that:

• The Service will meet all your requirements
• The Service will be error-free or uninterrupted
• Results obtained from the Service will be accurate or reliable
• All defects will be corrected

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY PHILIPPINE LAW:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid to us in the 12 months preceding the claim
• We are not liable for losses caused by factors outside our reasonable control
• We are not responsible for your failure to back up or maintain copies of your data

11. Indemnification

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

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of applicable laws, including the Data Privacy Act of 2012
• Your Content or customer data

12. Third-Party Services and Integrations

12.1 Payment Processors

We use third-party payment processors (GCash, PayMaya, PayMongo) to handle payments. Your payment information is processed directly by these providers according to their terms and privacy policies.

12.2 SMS and Email Services

We use third-party services to send SMS and email notifications to your customers. You are responsible for ensuring you have proper consent before sending messages.

12.3 Third-Party Links

The Service may contain links to third-party websites or services. We are not responsible for their content, privacy practices, or terms of service.

13. API Access and Usage

Business and Custom plan subscribers may access our API. When using the API:

• You must use API keys securely and not share them publicly
• You agree to reasonable rate limits to ensure service stability
• You must not abuse the API or use it to scrape data excessively
• We reserve the right to revoke API access for violations

14. Modifications to the Service

We reserve the right to:

• Modify, suspend, or discontinue any part of the Service at any time
• Add, remove, or change features and functionality
• Update our technology, infrastructure, and security measures
• Adjust pricing with 30 days' advance notice for existing customers

We will make reasonable efforts to notify you of significant changes that may affect your use of the Service.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict of law principles.

15.2 Jurisdiction

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Metro Manila, Philippines.

15.3 Dispute Resolution

Before filing any legal action, we encourage you to contact us at hello@loyalsibes.com to resolve the dispute informally. We commit to working in good faith to resolve disputes amicably.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and LoyalSiBes regarding the Service.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to any affiliate or successor without restriction.

16.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, strikes, labor disputes, government actions, internet disruptions, or other force majeure events.

17. Contact Information

If you have questions about these Terms or need to contact us regarding any legal matter, please reach out: