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Terms & Conditions

1. Introduction

Welcome to Loyal, operated by Stellar Labs Ltd. The terms “Loyal”, “us”, “we”, “Company” and “our” shall refer to Stellar Labs Ltd., as appropriate.

 

By accessing or using Loyal’s services, including but not limited to creating a Loyal account, whether via a mobile device or computer (collectively, the Service) you agree to be bound by these terms, our Privacy Policy, Cookie Policy, Safety Guidelines, General Guidelines, and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this Agreement). If you do not accept and agree to be bound by all of the terms of this Agreement, then you must not use the Service.
 

We reserve the right to modify, amend, or change this Agreement and the Service at any time. The most recent version of this Agreement will be posted on this page and the Service under the Settings option. You should regularly check for the most recent version as that is the version that applies.
 

In certain circumstances, we may notify you of a change to this Agreement via email or other means, as appropriate in the circumstances. However, you must check this page regularly and that on the Service under the Settings option for notice of any changes. We agree that future changes will not be retroactive without your consent. If you continue to use the Service once the changes have become effective, then you will be legally bound by the updated Agreement. If you do not accept a change to the Agreement, you must stop using the Service immediately.

 

2. Eligibility and Your Responsibilities

 

You must be 18 to create an account on Loyal and use the Service. By creating an account and using the Service, you represent and warrant that:

  • You are at least 18 years old;

  • You are legally entitled to enter into a binding contract with Loyal;

  • You are legally permitted to use the Service by the laws of your home country; and

  • You have never been convicted of an indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and you are not required to register as a sex offender with any sex offender registry.

 

You agree to:

  • Comply with this Agreement and check this page from time to time to ensure you are aware of any changes;

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;

  • Treat other members with kindness and respect, both on and off the Service;

  • Treat our customer care representatives with kindness, respect, and honesty (if in our absolute discretion, we deem your behavior unacceptable, we reserve the right to terminate your account immediately);

  • Review and comply with the Safety Guidelines;

  • Review and comply with the General Guidelines;

  • Use the latest version of the Service;

  • Be respectful when communicating with any of our customer care representatives or other employees; and

  • Use and maintain a strong password and take reasonable measures to protect the security of your login details.

 

3. Signing into Your Loyal Account

 

You can sign into Loyal in various ways, including via Facebook login.  If you choose this method, you authorize us to access and use your Facebook account information (including but not limited to your Facebook profile).

You are solely responsible for keeping your Loyal login details confidential and for all communications and activities that arise under those details. If you think someone has accessed your account, please get in touch with us immediately.

 

4. Safety

 

Loyal is not responsible for the actions of any member on or off the Service. You agree to be safe and sensible and use caution in all interactions and communications with other members, whether on or off the Service. Further, you agree to review Loyal’s Safety Guidelines before using the Service and abide by them during use.
 

You agree that you will not provide any of your financial information (including but not limited to your debit, credit card, or bank account information) or send money to other members.
 

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT LOYAL DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. LOYAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF ITS MEMBERS.

 

5. Rights Granted to You.

 

Loyal grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is exclusively for the purpose of allowing you to use and enjoy the Service as intended by Loyal and permitted by this Agreement. Therefore, you agree not to:

  • Post, upload, display, or otherwise make available (collectively, post) or share any content or images which are offensive, obscene, pornographic, violent, contain nudity, or otherwise violate human dignity;

  • Infringe upon the normal running and safety of the Service or its infrastructure in any way;

  • Use the Service for the purpose of promoting paid services or products or any other commercial purposes without our express written consent;

  • Use the Service for any harmful or illegal purpose;

  • Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;

  • Use another member’s account;

  • Stalk, harass, or otherwise mistreat any individual;

  • Solicit money or other valuables from another member;

  • Use our name in metatags, keywords, and/or hidden text;

  • Solicit passwords from other members or disclose information that you do not have the right to disclose;

  • Create or operate a pyramid scheme, fraud, or other similar practice;

  • Copy, amend alter, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trade names, trademarks, service marks, or other intellectual property, content, or proprietary information accessible through the Service without Loyal’s prior written consent;

  • Use any robot or tools other than those provided by Loyal when using the Service to contact other members;

  • Change, copy, assemble, decompile, reverse engineer, or otherwise attempt to use the Service’s source code, algorithms, or software, or cause others to do so;

  • Encourage or promote any activity that violates this Agreement; and

  • Violate the term of the license granted to you by Loyal.
     

Loyal may investigate and take any available legal action in response to illegal and unauthorized uses of the Service, including terminating your account.
 

Any software we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

 

6. Rights Granted to Us.

 

By creating an account, you grant to Loyal a worldwide, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, create derivative works from, modify, advertise, and distribute the information you authorize us to access from Facebook or other third party sources (where applicable), as well as any information you post on the Service or transmit to other members (collectively, Content).

You acknowledge and agree that any Content you place or authorize us to place on the Service may be viewed by other members and any other individual accessing the Service.  You acknowledge and agree that we may review or monitor any Content you post and that we may delete any Content that in our exclusive discretion violates this Agreement or could harm the reputation of Loyal or the Service. You acknowledge and agree that all information you submit on and following the creation of your Loyal account is accurate and truthful and that you have the right to post the Content on the Service and grant the above license to Loyal. You acknowledge and agree that we may store, access and disclose your account information and Content if required to do so by law or if we believe it is necessary to resolve a dispute or other issue, comply with legal requirements or protect or enforce Loyal’s interests.

 

7. Inappropriate Content 

 

We are committed to forging and maintaining a constructive, progressive and respectful community and we have a zero-tolerance policy to any inappropriate content or misconduct. However, although we reserve the right to review and remove Content that violates this Agreement, ultimately such Content is the sole responsibility of the member who posts it and we cannot guarantee that all Content will comply with this Agreement.

Therefore, if you encounter any Content or conduct which violates this Agreement, please report it to us either via the Service or by emailing us at contact@loyal.day.

 

8. Privacy

 

For information about how Loyal and its affiliates collect, use, and share your personal data, please see our Privacy Policy. By using Loyal, you agree that we may use your personal data in accordance with our Privacy Policy.

 

9. Purchases

 

Generally.

Loyal may offer products and services for purchase (In-App Purchase) through the App Store, Google Play Store, Loyal direct billing or other platforms authorised by Loyal. If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.

You may make an In-App Purchase through the following payment methods (Payment Method): (a) making a purchase through a third-party platform such as the App Store and Google Play Store (Third Party Store), or (b) paying with your debit card, credit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorise us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

 

Subscriptions.

Loyal may offer some services as automatically renewing subscriptions (Premium Services). Please note that if you purchase an automatically renewing subscription, your subscription will renew at the end of the relevant period unless you cancel at Loyal’s then-current price for such subscriptions. To avoid being charged for a new subscription period you must cancel before the end of the then-current subscription period as set out below. You cannot cancel your subscription by deleting your Loyal account or deleting the Loyal application from your mobile phone or relevant device. We will give you notice of changes in the pricing of subscribed Premium Services along with an opportunity to cancel. If we change these prices and you do not cancel your subscription then you agree to be charged at our then-current pricing for the subscription.

 

Free Trials.

If you sign up for a free trial and fail to cancel, your free trial may transfer into a paid subscription. Your Payment Method will then be charged at the then-current price for such subscription in line with Loyal’s usual subscription terms. Once this occurs, it will automatically renew at the end of each period and your Payment Method will be charged until you cancel it. To avoid being charged for a new subscription period you must cancel before the end of the then-current subscription period or free trial period. You must do this even if you have otherwise deleted your account with us or if you have deleted the Loyal application from your mobile phone or relevant device.

 

Cancelling Subscriptions.

If you purchased a subscription directly from Loyal, you may cancel or change your Payment Method via the Payment Settings option on the Service. If you purchased a subscription through a Third Party Store, you will need to change or cancel your subscription through that Third Party Store. You will need to do this even if you have otherwise deleted your account with us or if you have deleted the Loyal application from your mobile phone or relevant device. Deleting your account on Loyal or deleting the Loyal application from your device does not terminate or cancel your subscription. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

 

Additional Direct Payment Terms. 

If you pay Loyal directly, Loyal may correct any billing errors that it makes even if it has already requested or received payment. If you in any way reverse a payment made with your Payment Method, Loyal in its sole discretion may terminate your account.

You may edit your Payment Method information on the Service under the Payment Settings option. If a payment is not successfully processed and you do not edit your Payment Method information or cancel your subscription, you acknowledge and agree that you will remain liable for any uncollected amounts and authorise us to continue billing the Payment Method, whether on the same or new resulting billing dates. In addition, you authorise us to obtain updated or replacement details for your relevant payment card as provided by your card issuer.

 

Refunds.

Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods.

For subscribers residing in the EU or the European Economic Area – in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days following the commencement of the subscription. Please note that this 14-day period commences when the subscription starts.

 

To request a refund:

If you subscribed using your Apple ID then your refund will be handled by Apple, not Loyal. To request a refund, go to the App store, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at Apple support.

For all other purchases: please contact our customer support team with your order number (you can find this in your confirmation email or, if you purchased from the Google Play Store, by logging in to Google Wallet).

 

10. Account Termination

If you no longer wish to use the Service, you can delete your account at any time by following the instructions in the Settings option on the Service. However, if you made an In-App Purchase through a Third Party Store, you will need to manage the In-App Purchase through such an account to avoid additional billing. Loyal may suspend or terminate your account at any time without notice if it believes that you have violated this Agreement, misused the Service, or behaved in any way that Loyal in its absolute discretion regards as inappropriate or unlawful, on or off the Service. Upon such termination, you will not be entitled to any refund for purchases.

If your account is terminated by you or by Loyal for any reason, this Agreement shall continue and remain enforceable between you and Loyal and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.

 

11. Disclaimers

 

Loyal provides the service on an “as is” and “as available” basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Service (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, fitness for use, fitness for a particular purpose or non-infringement. Loyal does not represent or warrant that (a) the Service will be uninterrupted, secure or error free, (b) any defects or errors in the Service will be corrected, or (c) that any content or information you obtain on or through the Service will be accurate.

Should applicable law not permit the foregoing exclusion of express or implied warranties, then Loyal grants the minimum express or implied warranty required by applicable law. No advice or information, whether oral or written, shall create any warranty, representation or guarantee not expressly stated in this section.

 

LOYAL TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE NOR DOES LOYAL TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE THROUGH LOYAL. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. LOYAL IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. LOYAL DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. LOYAL IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

 

12. Limitation of Liability

 

To the fullest extent permitted by applicable law, in no event will Loyal, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Service, (ii) the conduct or content of other members or third parties on, through, or following use of the Service; or (iii) unauthorised access, use or alteration of your content, even if Loyal has been advised of the possibility of such damages. In no event shall Loyal’s aggregate liability to you for all claims relating to the service exceed the greater of the amount paid, if any, by you to Loyal for the Service while you have an account.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

 

13. Indemnity 

 

You agree, to the extent permitted under applicable law, to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

  1. any negligent acts, omissions or wilful misconduct by you;

  2. your access to and use of the Service;

  3. the uploading or submission of Content to the Service by you;

  4. any breach of this Agreement by you; and/or

  5. your violation of any law or of any rights of any third party.

We retain the exclusive right to settle and pay any and all claims or causes of action which are brought against us without your prior consent. You agree to co-operate fully and reasonably as required by us if requested in the defence of any relevant claim.

 

14. Dispute Resolution

 

In the event of a dispute with us, you agree to follow the dispute resolution process below (the Dispute Resolution Process).

You may initiate the Dispute Resolution Process at any time by serving a notice (the Notice) in writing via email to contact@loyal.day that a dispute has arisen. The notice shall include reasonable information as to the nature of the dispute.

We shall use reasonable endeavours to provide a formal response to the Notice (the Response) within 20 Business Days (Business Days means a day other than a Saturday, Sunday or bank or public holiday in England).

If the dispute has not been resolved within 20 Business Days of the Response then the matter shall be referred to mediation in accordance with the London Court of International Arbitration Mediation Rules.

Until the above steps have been completed and have failed to resolve the dispute, you agree that you shall not commence formal legal proceedings or arbitration.

 

15. Other / Entire Agreement 

 

This Agreement constitutes the entire agreement between you and Loyal regarding the use of the Service and supersedes all previous drafts, agreements, arrangements and understandings between you and Loyal, whether written or oral.

If any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement shall not be affected. If any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable.

The failure of Loyal to enforce, or the delay of Loyal in enforcing, any of its rights under this Agreement shall not be deemed a continuing waiver or modification of this Agreement.

You agree that your Loyal account is non-transferable and all of your rights to your account and its Content terminate upon your death, unless otherwise provided by law.

Any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Loyal in any manner.

 

16. Governing Law and Jurisdiction
 

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England. The courts of England and Wales shall have exclusive jurisdiction to settle such a dispute or claim.

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