Terms of Use

Terms of Use
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Welcome to https://www.loyango.com (together with any related websites, the “Site”). The Site is owned and operated by Loyango LLC. (“Loyango”). Please read these Terms of Use (“Terms”) carefully before using the Site. By accessing or using the Site or any of the content on the Site you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content (defined below).

You represent to Loyango that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and Loyango are collectively referred to as the “Parties” and each is a “Party”.


1. Subscription Agreement.

These Terms do not govern the use of the digital customer loyalty program service as well as other services (the “Service”) operated by Loyango. If you are accessing or using the Service, then you are subject to Loyango’s Subscription Agreement (currently available at https://www.loyango.com/subscription-agreement, or such other written contract as may be separately agreed and signed between you and Loyango.


2. Loyango Content.

The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “Content”) of Loyango or its licensors (“Loyango Content”). The Site (including the Loyango Content) is protected by copyright, trademark, trade secret and other laws; and as between you and Loyango, Loyango owns and retains all rights in the Site and the Loyango Content. Loyango hereby grants to you a limited, revocable, sub-licensable license to access, display and perform the Loyango Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Loyango in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Loyango Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Loyango Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Loyango Content.


3. Trademarks.

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Loyango or other third parties. You are not permitted to use these Marks without the prior written consent of Loyango or such third party.

4. Third-Party Services.

The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Loyango, and you do so at your own risk. Loyango is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. Loyango is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Site.

5. Privacy.

Please review Loyango’s Privacy Policy for the Site (“Privacy Policy”), available at https://www.loyango.com/privacy-policy, to learn about Loyango’s information collection, usage and disclosures practices with respect to information collected by Loyango through the Site.


6. Acceptable Use.

Your use of the Site is subject to Loyango’s Acceptable Use Policy available https://www.loyango.com/acceptable-use-policy Loyango is not responsible or liable for any user Content or conduct on the Site. If you become aware of any misuse of the Site, please report such misuse immediately to Loyango at hola@loyango.com.


7. Compliance with Laws.

You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site (“Applicable Laws”). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall: (a) comply with Applicable Laws relating to anti bribery and anti-corruption, which may include the US Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010; (b) comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other governmental entity imposing export controls and trade sanctions (“Export Laws”), including designating countries, entities and persons (“Sanctions Targets”); and (c) not directly or indirectly export, re-export or otherwise deliver any Loyango software, content or services to a Sanctions Target, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws. You represent that you are not a Sanctions Target or prohibited from receiving Loyango software, content or services pursuant
to these Terms under Applicable Laws, including Export Laws.

8. Global Availability.

Loyango operates the Site from its offices in Wyoming, USA, though our third-party provider is located in Delaware, USA. If you access this website from other locations, you are responsible for complying with local applicable laws. Loyango makes no representation that the products and services referenced herein are appropriate or available worldwide.

9. Indemnity.

You agree to defend, indemnify and hold harmless Loyango, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms (including any Loyango policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.

10. Disclaimers.

THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY LOYANGO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LOYANGO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER LOYANGO’S CONTROL.

11. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL LOYANGO, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL LOYANGO’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

12. Responsibility for End Users.

You are responsible for violations of these Terms by anyone using the Site with your permission or using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms applies to anyone accessing or using the Site; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Site, even if such person did not themselves violate the provision.

13. Termination and Monitoring.

13.1. If you violate these Terms, Loyango may suspend or terminate your use of the Site. Loyango’s right to suspend or terminate your use of Site applies even if a breach is committed unintentionally or without your authorization if Loyango believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or property of Loyango, its customers or third parties.

13.2. Loyango reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site. Loyango has the right in its sole discretion to edit, refuse to post or remove any Content posted, displayed, published or made available for download or use on the Site that Loyango finds to be in violation of these Terms. Loyango may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. Loyango also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations.

14. Electronic Communications.

When you visit the Site or send emails to Loyango, you are communicating with Loyango electronically; and you consent to receive communications from Loyango electronically. Loyango will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Loyango provides to you electronically satisfy any legal requirement that such communications be in writing.

15. Modifications.

Loyango may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms.

16. Governing Law.

This Agreement will be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Wyoming, except as otherwise agreed with third-party vendors whose services are integral to the operation of this Agreement. For disputes specifically related to the services provided by third-party vendors located in Delaware, Delaware law may apply, and such disputes may be brought exclusively in the courts of New Castle County, Delaware. For all other disputes, jurisdiction and venue shall be in the state or federal courts located in Cheyenne, Wyoming, USA. The Parties expressly consent to personal jurisdiction and venue in these courts as applicable.

17. Miscellaneous.

These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Site from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Loyango.

You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without Loyango’s express prior written consent. Loyango may assign, transfer or sublicense all or any of Loyango’s rights or obligations under these Terms without restriction. The failure of Loyango to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by Loyango of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Loyango will not be responsible for failures to fulfill any obligations due to causes beyond its control. The non-English translations of these Terms and any other policies of Loyango and associated sites are provided for convenience only. In the event of any discrepancy or conflict between the versions, the English version shall be the authoritative and prevailing one.

18. Refund Policy

Our Refund Policy outlines the conditions under which refunds may be issued for our Services. For detailed information on our refund process and eligibility, please refer to our https://www.loyango.com/refund-policy

19. Contact.

Please contact Loyango at hola@loyango.com with any questions regarding these Terms.