{"id":17627,"date":"2021-04-23T19:27:33","date_gmt":"2021-04-23T18:27:33","guid":{"rendered":"https:\/\/loyicard.com\/terms-and-conditions\/"},"modified":"2026-04-10T10:31:41","modified_gmt":"2026-04-10T09:31:41","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/loyicard.com\/en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\n<h2 class=\"wp-block-heading\">Information related to the promotion of support for small businesses<\/h2>\n\n<p>To help small businesses recover to the new normal, LoyiCard offers a 14-day free trial of the service with a limit of 25 active users or cards. It is necessary to create a LoyiCard account to access and use the service. <\/p>\n\n<p>Once the limit of 25 users or 14 days has been exceeded, the client must subscribe to one of the payment plans to increase the number of users. All other services will remain active. <\/p>\n\n<p>LoyiCard offers its customers the possibility to configure and design the Digital Card of their business, at no additional cost. The customer will be able to enjoy this service as long as their LoyiCard account remains active, regardless of the number of active users of the Stamp Card. The offer is for 1 digital letter with no time limitation. The letter must be from the registered merchant and reasonable usage is assumed.   <\/p>\n\n<p>LoyiCard reserves the right to terminate accounts that exceed reasonable usage limits, are used for illegal or amoral activities, are used for other than the user and merchant identified in the account profile, or are inactive for more than 180 days.<\/p>\n\n<p>The use of the service implies the acceptance of these particular conditions, as well as the general terms and conditions of LoyiCard.<\/p>\n\n<p>Please read the following carefully before using the LOYICARD service, these terms and conditions constitute a legal agreement between the customer and LOYALTY CARD S.L.<\/p>\n\n<h2 class=\"wp-block-heading\">Agreement<\/h2>\n\n<p>Use LoyiCard (as defined below) to generate digital stamp cards for use through the Wallet, Passbook and any other compatible operating system, application and devices.<\/p>\n\n<p>Loyalty Card S.L. is willing to grant the customer the use of LoyiCard to generate digital stamp cards under the terms and conditions set forth in this Agreement.<\/p>\n\n<h2 class=\"wp-block-heading\">Acceptance of the agreement and definitions<\/h2>\n\n<h3 class=\"wp-block-heading\">1.1 Acceptance<\/h3>\n\n<p>In order to use the LoyiCard software and related services, you must first accept this Agreement. If you do not or cannot accept this Agreement, you are not permitted to use LoyiCard. <\/p>\n\n<p>You accept and agree to the terms of this Agreement on your own behalf and\/or on behalf of your company, organization, educational institution, agency, or government department as your authorized legal representative by doing the following:<\/p>\n\n<ul class=\"wp-block-list\">\n<li>Checking the Terms of Use box and clicking &#8220;Register&#8221; on the registration page.<\/li>\n\n\n\n<li>Through the use of LoyiCard software.<\/li>\n<\/ul>\n\n<h3 class=\"wp-block-heading\">1.2 Definitions<\/h3>\n\n<p>Provided that it is noted in this Agreement:<\/p>\n\n<p><strong>&#8220;Agreement&#8221;<\/strong> means the LoyiCard License Agreement, including attachments and any exhibits incorporated by this reference.<br\/>&#8220;<strong>Apple<\/strong>&#8221; means Apple Inc. a California corporation with its principal place of business at One Infinite Loop, Cupertino, California 95014, USA.<\/p>\n\n<p>&#8220;<strong>Documentation<\/strong>&#8221; means any technical or other specifications or documentation that LoyiCard may provide for use in connection with LoyiCard.<\/p>\n\n<p>&#8220;<strong>Digital Card<\/strong>&#8221; means one or more digital cards developed by Customer under this Agreement.<\/p>\n\n<p>&#8220;<strong>Pass ID<\/strong>&#8221; refers to the combination of an Apple-issued certificate and Push App ID that you use to digitally sign your Digital Cards and send push notifications to the Digital Cards using LoyiCard, Apple and Android services.<\/p>\n\n<p>&#8220;<strong>Digital Card Information<\/strong>&#8221; means the text, descriptions, representations or information relating to a Card that you provide to your end users in connection with a Digital Card.<\/p>\n\n<p>&#8220;<strong>Wallet<\/strong>&#8221; means Apple&#8217;s installed feature that has the ability to store and display Passes for use on mobile.<\/p>\n\n<p>&#8220;<strong>Passbook<\/strong>&#8221; means the Android feature that has the ability to store and display Passes for use on Android OS Products.<\/p>\n\n<p>&#8220;<strong>LoyiCard<\/strong>&#8221; means the online services provided and maintained by Loyalty Card S.L. for the design, production, distribution, management and analysis of Passbook and Wallet Digital Cards. For the purposes of Schedule 1, &#8220;LoyiCard&#8221; means Loyalty Card S.L. <\/p>\n\n<p>&#8220;<strong>Loyalty Card S.L.<\/strong>&#8221; means Loyalty Card S.L., a company with registered office at Calle Valle del Roncal S\/N, Centro comercial El Castillo, Local 61, oficina 20, 28692 Villanueva de la Ca\u00f1ada, Madrid, Spain, Registered in the Mercantile Registry of Madrid, Sheet M-707037, Folio 12 of Volume 39791 \/ Date: 29\/10\/2019 \/ Registration: 1\u00aa.<\/p>\n\n<p>&#8220;<strong>Push Notification<\/strong>&#8221; means a message, including any content or data therein, that you transmit to end users and that is delivered to their Digital Card, within the Passbook or Wallet.<\/p>\n\n<p>&#8220;<strong>You<\/strong>,&#8221; &#8220;<strong>your<\/strong>&#8221; and &#8220;<strong>you<\/strong>&#8221; means and refers to the person(s) or legal entity (whether company, organization, educational institution or governmental agency, instrumentality or department) using LoyiCard or exercising rights under this Agreement. For the sake of clarity, you may authorize contractors to use LoyiCard on your behalf. <\/p>\n\n<p>&#8220;<strong>Privacy statement<\/strong>&#8221; Loyalty Card S.L. informs the user that the processing of all personal data is carried out in accordance with the provisions of Law 15\/1999 of 13 December on Data Protection and Royal Decree 1720\/2007 of 21 December, which approves the Regulations for the development of Law 15\/1999 of 13 December on the Protection of Personal Data.<\/p>\n\n<h2 class=\"wp-block-heading\">2. LoyiCard usage and restrictions<\/h2>\n\n<h3 class=\"wp-block-heading\">2.1 Permitted uses and restrictions<\/h3>\n\n<p>Subject to the terms and conditions of this Agreement, Loyalty Card S.L. hereby grants you a limited, non-exclusive, personal, revocable, non-sublicensable, non-sublicensable and non-transferable permission to generate, distribute and update Digital Cards.<\/p>\n\n<p>The use of your own Pass ID under the provision that the Digital Cards it generates and distributes are made in accordance with all legal agreements with Apple and Loyalty Card S.L.<\/p>\n\n<h2 class=\"wp-block-heading\">3. Your obligations<\/h2>\n\n<h3 class=\"wp-block-heading\">3.1 General<\/h3>\n\n<p>You certify to Loyalty Card S.L. and agree that: (a) You are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and have the right and authority to enter into this Agreement on your own behalf, or if you are entering into this Agreement on behalf of your company, organization, educational institution, agency, or federal government department, that you have the right and authority to legally bind such entity or organization to the terms and obligations of this Agreement; (b) All information that you provide to Loyalty Card S. L. or your end users in connection with this Agreement or Digital Cards, including, without limitation, Digital Card Information, will be current, true, accurate, supportable, and complete and, with respect to this Agreement or Digital Cards, will be true, accurate, supportable, and complete and, with respect to information you provide to Loyalty Card S.Loyalty Card S.L. or your end users in connection with this Agreement or Digital Cards, including, without limitation, Digital Card Information, will be current, true, accurate, supportable and complete and, with respect to the information you provide to Loyalty Card S.L., you will promptly notify Loyalty Card S.L. of any changes to such information. You further agree that Loyalty Card S.L. may share such information (including email address and mailing address) with third parties who have a need to know for purposes related thereto (e.g., intellectual property inquiries, customer service inquiries, etc.); (c) You will comply with the terms of and perform your obligations under this Agreement, and you agree to be fully responsible for any actions you take in connection with your Digital Cards and your compliance with the terms of this Agreement; (d) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities you undertake in connection with LoyiCard, your Digital Cards and related developments and distribution efforts, including, without limitation, any development efforts, network and server equipment, Internet service(s), or any other hardware, software or services you use in connection with your use of any service; (e) For purposes of Schedule 1, you represent and warrant that you own or control the rights necessary to designate Loyalty Card S.L. as your worldwide agent for the delivery of your Digital Cards, and that Loyalty Card S.L.&#8217;s performance of such appointment will not violate or infringe the rights of any third party; and (f) You will not act in a manner that conflicts or interferes with any existing commitments or obligations you may have and no previously entered into agreement will interfere with the performance of your obligations under this Agreement.       <\/p>\n\n<h3 class=\"wp-block-heading\">3.2 Use of LoyiCard<\/h3>\n\n<p>As a condition of your use of LoyiCard, you agree that: (a) You will only use LoyiCard for the purposes and in the manner expressly permitted by this Agreement and in accordance with all applicable laws and regulations; (b) You will not use LoyiCard for any illegal or unlawful activity, or to generate a Digital Card that may commit or facilitate the commission of a crime or other illegal or unlawful act; (c) To the best of your knowledge, your Digital Cards and the Information they contain will not violate, misappropriate or infringe the copyrights, trademarks, rights of privacy and publicity, trade secrets, patents or other legal rights (e.g., photographic or image rights, logo rights, data rights of third parties); (d) You agree that all development of Digital Cards must be in accordance with the terms of this Agreement.    <\/p>\n\n<h3 class=\"wp-block-heading\">3.3 Privacy<\/h3>\n\n<p>You must provide clear and complete information to users about your Digital Card, the use and disclosure of user or device data, for example, a link to your privacy policy. In addition, you must take appropriate measures to protect such data from unauthorized use, disclosure or access by third parties. If a user no longer consents or affirmatively revokes consent to your collection, use or disclosure of their user or device data, you must immediately stop using it.  <\/p>\n\n<h2 class=\"wp-block-heading\">4. Distribution of digital cards. Marketing permits <\/h2>\n\n<p>Subject to the terms of this Agreement, you may distribute your Digital Cards to end users via the web, email or an Application. You understand and agree that your end users must accept your Digital Cards before they are loaded into Passbook, Wallet or any other device and that they may remove your Digital Cards from Passbook, Wallet or any other device at any time. <\/p>\n\n<p>By distributing your Digital Cards in this manner, you represent and warrant to Loyalty Card S.L. that your Digital Cards comply with the terms of this agreement. Loyalty Card S.L. and Apple will not be liable for any costs, expenses, damages, losses (including, without limitation, lost business opportunities or lost profits) or other liabilities you may incur as a result of distributing your Digital Cards in this manner. You will also indemnify Loyalty Card S.L. and Apple for any costs, expenses, damages, losses (including, without limitation, lost business opportunities or lost profits) or other liabilities you may incur as a result of distributing your Digital Cards in this manner. You will be responsible for attaching or otherwise including, at your discretion, any relevant end-user terms of use with your Cards. Loyalty Card S.L. will not be liable for any violation of the end user terms of use. You will be solely responsible for all user assistance, warranty and support of Digital Cards.     <\/p>\n\n<p>By distributing your Digital Cards as permitted in this Agreement, you hereby permit Loyalty Card S.L. and Apple to use (i) screenshots of your Digital Card; (ii) trademarks, logos and images associated with your Digital Card; and (iii) Card Information, for promotional purposes in marketing materials and gift cards, excluding those portions that you do not have the right to use for promotional purposes and that identifies Loyalty Card S.L. in writing.   <\/p>\n\n<h3 class=\"wp-block-heading\">5. Loyalty Card S.L. has the right to review your digital cards.<\/h3>\n\n<p>You understand and agree that Loyalty Card S.L. reserves the right to review and approve or decline your Digital Card(s) at any time during the term of this Agreement.<\/p>\n\n<h3 class=\"wp-block-heading\">6. Disclaimer of Liability<\/h3>\n\n<p>LOYICARD AND APPLE SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS ARISING FROM ANY USE, MISUSE, RELIANCE, INABILITY TO USE, INTERRUPTION, SUSPENSION OR TERMINATION OF LOYICARD, PASSBOOK, YOUR PASS ID, YOUR DIGITAL CARDS OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY LOSS OR FAILURE TO DISPLAY YOUR PASS IN PASSWORD OR ANY END USER CLAIMS ARISING FROM ANY USE OF THE FOREGOING BY YOUR END USERS.<\/p>\n\n<h2 class=\"wp-block-heading\"><strong>7. Indemnification<\/strong><\/h2>\n\n<p>To the extent permitted by applicable law, you agree to indemnify and hold harmless Loyalty Card S.L., its directors, employees, independent contractors and agents (each, a &#8220;Loyalty Card S.L. Indemnified Party&#8221;) for any claims, losses, liabilities, damages, taxes, expenses and costs, including, without limitation, attorneys&#8217; fees and court costs (collectively, &#8220;Losses&#8221;), incurred by a Loyalty Card S.L. Indemnified Party and arising out of or relating to any of the following: (i) Your breach of any of the following: (ii) Your failure to comply with any of the following and arising out of or relating to any of the following: (i) Your breach of any certification, covenant, obligation, representation or warranty in this Agreement; (ii) any claim that your Digital Card or Digital Card Information violates or infringes any third party&#8217;s intellectual property or proprietary rights; (iii) the permitted use of a Loyalty Card S. L. promotion or delivery of the Digital Card; or (iv) the permitted use of the Digital Card or delivery of the Digital Card.L. or delivery of the Digital Card, Digital Card Information, metadata, related trademarks and logos, or images and other materials you provide to Loyalty Card S.L. under this Agreement; (iv) any claim, including, without limitation, any end user claim, with respect to your Digital Card, Digital Card Information or related logos, trademarks, content or images; or (v) Your use of Digital Card, Digital Card Information, metadata or your development and distribution of any Application or Pass.     <\/p>\n\n<p>To the extent permitted by law, you agree to indemnify, defend and hold harmless each Loyalty Card S.L. Indemnified Party for any loss incurred by such Loyalty Card S.L. Indemnified Party by reason of such use.<\/p>\n\n<h2 class=\"wp-block-heading\"><strong>8. Fees and payment<\/strong><\/h2>\n\n<p>In consideration for the rights granted to you under the Agreement, you agree to pay Loyalty Card S.L. the required monthly fees as set forth on the Loyicard.com website. Fees are non-refundable. Any taxes that may be levied on the Loyicard software or its use will be your responsibility.  <\/p>\n\n<p>Loyalty Card S.L. reserves the right to change the rates and other charges for the subsequent Renewal Subscription Term upon notice prior to the commencement of such Renewal Subscription Term.<\/p>\n\n<p>The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user\/customer accepts that the provider obtains data for the purpose of the corresponding authentication of access controls. <\/p>\n\n<h2 class=\"wp-block-heading\"><strong>9. Term and termination<\/strong><\/h2>\n\n<h3 class=\"wp-block-heading\"><strong>9.1 Deadline<\/strong><\/h3>\n\n<p>The term of this Agreement shall extend through the first anniversary of the original activation date of your subscription account (&#8220;Effective Date&#8221;). Thereafter, subject to your compliance with the terms of this Agreement, the Term will automatically renew for successive equal periods and in accordance with your subscription, unless terminated earlier in accordance with this Agreement. <\/p>\n\n<h3 class=\"wp-block-heading\"><strong>9.2 Termination<\/strong><\/h3>\n\n<p>This Agreement and all rights granted by Loyalty Card S.L. hereunder and all services provided hereunder shall terminate, effective immediately upon notice from Loyalty Card S.L. (a) if you breach any term of this Agreement and fail to cure such breach within 30 days after you become aware of or receive notice of such breach; (b) if you become insolvent, fail to pay your debts when due, dissolve or cease doing business, file for bankruptcy or file a claim against you; or (c) if you engage, or encourage others to engage, in any deceptive, fraudulent, improper, illegal or dishonest act in connection with this Agreement, Loyalty Card S. L. may also terminate this Agreement if you fail to pay your debts when due, dissolve or cease doing business, file for bankruptcy or file a claim against you.L. may also terminate this Agreement or suspend your rights to use Loyalty Card, if you do not agree to the new terms of the Agreement.   <\/p>\n\n<h2 class=\"wp-block-heading\"><strong>10. No warranty<\/strong><\/h2>\n\n<p>Loyicard services may contain inaccuracies or errors that could cause failures or loss of data. Loyalty Card S.L., or its licensors, may provide or make available through Loyicard certain web-based applications, service-related software, certificate issuance services or other services for your use (collectively, the &#8220;Services&#8221; for the purposes of Sections 6 and 10). Loyalty Card S.L. and its licensors reserve the right to change, suspend, remove or disable access to any Service (or portion thereof) at any time without notice. In no event shall Loyalty Card S.L. or its licensors be liable for the removal or disabling of access to such Services. Loyalty Card S.L. or its licensors may also impose limits on the use of or access to certain Services, or may remove Services for indefinite periods of time or terminate Services at any time and in any case without notice or liability.    <\/p>\n\n<p>Location data, as well as map data provided by any Service or software, is for basic navigational purposes only and is not intended for use in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Loyalty Card S.L. nor any of its licensors guarantees the availability, accuracy, completeness, reliability or timeliness of location data or any other data or information displayed by any Service or software. <\/p>\n\n<h2 class=\"wp-block-heading\"><strong>11. Notices<\/strong><\/h2>\n\n<p>Any notice related to this Agreement shall be in writing. Loyalty Card S.L. will consider notices to be sent to the email address or mailing address you provided during the registration process. All notices to Loyalty Card S.L. related to this Agreement will be deemed given when you send them to the email address info@loyicard.com. You agree to receive notices by email and agree that such notices that Loyalty Card S.L. sends to you electronically will satisfy any legal communication requirements. Either party may change its email or postal address by sending the other party written notice as described above.    <\/p>\n\n<h2 class=\"wp-block-heading\"><strong>12. Changes to the agreement<\/strong><\/h2>\n\n<p>Loyalty Card S.L. may change the terms of this Agreement at any time. To continue using LoyiCard, you must accept and agree to the new terms of this Agreement. If you do not agree to the new terms, Loyalty Card S.L. will suspend or terminate your use of Loyicard. You agree that your acceptance of the new terms of the Agreement may be indicated electronically, including, but not limited to, by checking a box or clicking an &#8220;accept&#8221; or similar button.   <\/p>\n\n<h2 class=\"wp-block-heading\"><strong>Annex 1<\/strong><\/h2>\n\n<h3 class=\"wp-block-heading\"><strong>Appointment of agent<\/strong><\/h3>\n\n<p>1.1 You hereby appoint LoyiCard as your worldwide agent for the delivery of the Digital Cards to End Users, during the Delivery Period. You hereby acknowledge that LoyiCard will deliver the Digital Cards to End Users for you and on your behalf. For purposes of this Schedule 1, the term &#8220;Digital Cards&#8221; includes any additional functionality, content or permitted services that you provide.  <\/p>\n\n<p>1.2 Pursuant to LoyiCard&#8217;s designation under Section 1.1 of this Schedule 1, you authorize and instruct LoyiCard to:<\/p>\n\n<p>(a) provide hosting services for you to enable storage and end user access to the Digital Cards and to enable hosting of such Digital Cards by third parties only as authorized or licensed by LoyiCard;<\/p>\n\n<p>(b) allow end users to access and re-access copies of the Digital Cards, so that end users can acquire from you and electronically download those Digital Cards.<\/p>\n\n<p>(c) use (i) screenshots of the Digital Cards; (ii) trademarks and logos associated with the Digital Cards; and (iii) information from the Digital Cards, for promotional purposes in marketing materials; and   <\/p>\n\n<p>(d) otherwise use Digital Cards, Digital Card Information and associated metadata as reasonably necessary in the delivery of the Digital Cards in accordance with this Schedule 1. You agree that no royalties or other compensation will be paid for the rights described above in Section 1.2 of this Schedule 1. <\/p>\n\n<p>1.3 The parties acknowledge and agree that their relationship under this Schedule 1 is, and shall be, that of principal and agent, and that you, as principal, are and shall be solely responsible and liable for any and all claims and liabilities relating to, or related to, the Digital Cards, as provided in this Schedule 1. The parties acknowledge and agree that your appointment of LoyiCard as your agent under this Schedule 1 is not exclusive. <\/p>\n\n<p>1.4 For purposes of this Schedule 1, &#8220;Delivery Period&#8221; shall mean the period commencing on the Effective Date of the Agreement and expiring on the last day of the Agreement or any renewal thereof; provided, however, that LoyiCard&#8217;s appointment as your agent shall survive the expiration of the Agreement for a reasonable elimination period not to exceed thirty (30) days and further, solely with respect to your end users, subsections 1.2 (b) , (c) and (d) of this Schedule 1 shall survive termination or expiration of the Agreement unless you indicate otherwise in accordance with Sections 3.1 and 5.2 of this Schedule 1.   <\/p>\n\n<h3 class=\"wp-block-heading\"><strong>2. Ownership and delivery of digital cards to end users<\/strong><\/h3>\n\n<p>You acknowledge and agree that LoyiCard, in the course of acting as agent for you, is the host, or pursuant to Section 1.2(b) of this Schedule 1, may permit authorized third parties to host Digital Cards and permit downloading of those Cards by end users, on your behalf.<\/p>\n\n<p>The parties acknowledge and agree that LoyiCard shall not acquire any ownership interest in any of the Cards or Card Information, and title, risk of loss, liability and control over the Cards shall at all times remain with you.<\/p>\n\n<h3 class=\"wp-block-heading\"><strong>3. Content restrictions<\/strong><\/h3>\n\n<p>3.1 You represent and warrant that: (a) you have the right to enter into this Agreement, reproduce and distribute each of the Cards, and authorize LoyiCard to permit end users to download and use each of the Cards; (b) none of the Cards, or the permitted uses by end users of such Cards, violate or infringe any patent, copyright, trademark, trade secret or other intellectual property or contractual rights of any other person, firm, corporation or other entity and that you are not submitting the Licensed Applications to Loyicard on behalf of one or more third parties; (c) each of the Cards is authorized for distribution, use, export and import to each of the countries designated by you under Section 2 of this Schedule 1, in accordance with the laws and regulations of such countries; (d) none of the Cards contain obscene, offensive or other materials that are prohibited or restricted by law or regulation; (e) all information you provide is accurate and that, if such information is no longer accurate, you will promptly update it to be accurate; and (f) in the event a dispute arises over the content of your Card or the use of your intellectual property, you agree to follow the LoyiCard Digital Card dispute process on a non-exclusive basis and without waiver of either party&#8217;s legal rights.      <\/p>\n\n<h3 class=\"wp-block-heading\"><strong>4. Responsibility and liability<\/strong><\/h3>\n\n<p>4.1 LoyiCard shall not be responsible for the installation and\/or use of any of the Digital Cards by any End User. You shall be solely responsible for all end user assistance and support with respect to each of the Digital Cards. <\/p>\n\n<p>4.2 You shall be solely responsible for and LoyiCard shall have no liability with respect to any and all claims, demands, liabilities, losses, damages, costs and expenses arising out of the Digital Cards and\/or the use thereof by any End User, including, without limitation: (i) breach of warranty claims; (ii) product liability claims; and (iii) claims that any of the Digital Cards and\/or End User&#8217;s possession or use of such Digital Cards infringes the copyright or other intellectual property rights of any third party.   <\/p>\n\n<h3 class=\"wp-block-heading\"><strong>5. Termination<\/strong><\/h3>\n\n<p>5.1 This Schedule 1, and all obligations of LoyiCard hereunder, shall terminate upon expiration or termination of the Agreement.<\/p>\n\n<p>5.2 In the event that you no longer have the legal right to distribute the Digital Cards, or to authorize LoyiCard to allow access to those Cards by End Users, in accordance with this Schedule 1, you shall promptly notify LoyiCard.<\/p>\n\n<p>5.3 LoyiCard reserves the right to stop allowing End Users to download Digital Cards at any time, with or without cause, by notifying you of the termination. Without limiting the generality of this Section 5.3, you acknowledge that LoyiCard may stop allowing End Users to download some or all of the Digital Cards if Loyicard reasonably believes that: (i) such Cards and\/or any End User&#8217;s possession and\/or use thereof, infringes patents, copyrights, trademarks, trade secrets or other intellectual property rights of any third party; or (ii) the distribution and\/or use of such Cards violates any applicable law in any country. An election by LoyiCard to cease allowing the download of any Pass pursuant to this Section 5.3 shall not relieve you of your obligations under this Schedule 1.    <\/p>\n\n<p>5.4 You may invalidate any or all Cards at any time and for any reason, using the tools provided, except that, with respect to its end users, you authorize and instruct LoyiCard to comply with Sections 1.2 (b), (c) and (d) of this Schedule 1, which shall survive termination or expiration of the Agreement unless otherwise directed by you in accordance with Sections 3.1 and 5.2 of this Schedule 1.   <\/p>\n\n<h3 class=\"wp-block-heading\"><strong>6. Legal consequences<\/strong><\/h3>\n\n<p>The relationship between you and LoyiCard established by this Addendum 1 may have important legal consequences for you. You acknowledge and agree that it is your responsibility to consult with your legal advisors regarding your legal obligations hereunder. <\/p>\n\n<h2 class=\"wp-block-heading\"><strong>Annex 2<\/strong><\/h2>\n\n<p>&#8220;You represent and warrant that you have all necessary rights to the images you upload, and further permit LoyiCard to use these images to generate Digital Cards.&#8221;<\/p>\n\n<p>&#8220;You permit LoyiCard (&#8221; Service Provider &#8220;) to allow you to access and use Apple Push Network on your Digital Cards.&#8221;<\/p>\n\n<h2 class=\"wp-block-heading\"><strong>Annex 3<\/strong><\/h2>\n\n<p>Attachment 1 (to the Agreement) Additional Terms for Apple Push Notification Service and Local Notifications<\/p>\n\n<p>The following terms are in addition to the terms of the Agreement and apply to any use of the APN (Apple Push Notification Service):<\/p>\n\n<h3 class=\"wp-block-heading\"><strong>1. Use of APN and local notifications<\/strong><\/h3>\n\n<p>1.1 You can use APN only in your apps, your Passes and\/or when sending push notifications from the macOS website to the OS X desktop of your site users who have opted to receive notifications through Safari on macOS. You, your app and\/or your Pass can access APN only through the APN API and only if Apple has assigned you an Insert App ID. Except for the limited purpose of Section 6 below, you agree not to share your Push App ID with any third party. You understand that you will not be permitted to access or use the APN after expiration or termination of your Agreement.   <\/p>\n\n<p>1.2 You are permitted to use APN and the APN APIs only for the purpose of sending push notifications to your application or your Pass on an iOS product and\/or to the macOS desktop of users of your site who have opted in to receive notifications through Safari or another browser on macOS as expressly permitted by the Agreement (including, without limitation, this Attachment 1), the APN Documentation, and all applicable laws and regulations (including all intellectual property laws). You further agree that you must disclose to Apple any use of the APN as part of the process of submitting your application. <\/p>\n\n<p>1.3 You understand that before Push Notifications are sent to an end user via APN, the end user must consent to receive such Push Notifications. You agree not to disable, override or interfere with Apple-implemented consent panels or Apple&#8217;s system preferences for enabling or disabling the Notification functionality. If the end user&#8217;s consent to receive Push Notifications is denied or subsequently withdrawn, you may not send the end user Push Notifications.  <\/p>\n\n<h3 class=\"wp-block-heading\"><strong>Additional requirements<\/strong><\/h3>\n\n<p>2.1 You may not use the APN or local notifications for the purpose of sending unsolicited messages to end users or for the purpose of impersonation or spamming, including, without limitation, engaging in any activities that violate anti-spam laws and regulations, or are otherwise inappropriate, improper or illegal. For example, you agree not to include links to phishing or other malicious websites in automatic notifications on your macOS website. <\/p>\n\n<p>2.2 You may not use the APN or local notifications for advertising, product promotion or direct marketing purposes of any kind (e.g., upselling, cross-selling, etc.), including, without limitation, sending messages to promote the use of your application or to announce the availability of new features or versions. Without limiting the foregoing, you may use the APN or local notifications for promotional purposes in connection with your Pass as long as such use is directly related to the Pass, e.g., a store coupon may be sent to your Pass in the Wallet. <\/p>\n\n<p>2.3 You may not overuse general network capacity or APN bandwidth, or unduly burden an iOS Product, macOS or an end user with excessive Push Notifications or Local Notifications, as determined by Apple in its reasonable discretion. In addition, you agree not to harm or interfere with Apple&#8217;s networks or servers, or third party servers or networks connected to APN, or disrupt the use of APN by other developers. <\/p>\n\n<p>2.4 You may not use the APN or local notifications to send material that contains obscene, pornographic, offensive or defamatory content or materials of any kind (text, graphics, images, photographs, sounds, etc.) or other content or materials that in Apple&#8217;s reasonable judgment, the end user of your Application, Pass or Site may find objectionable.<\/p>\n\n<p>2.5 You may not transmit, store or make available any material that contains viruses or any other computer code, files or programs that may damage, disrupt or limit the normal operation of APN or an iOS or macOS Product, and you agree not to disable, forge, hack or otherwise interfere with any security, digital signature, verification or authentication mechanism that is incorporated into or used by APN, or that you permit others to do so.<\/p>\n\n<h3 class=\"wp-block-heading\"><strong>3. Additional terms for website push IDs<\/strong><\/h3>\n\n<p>3.1 Subject to the terms of this Agreement, you understand and agree that any notifications you send using your Website Push ID must be sent with your own name, trademark or branding (e.g., a user must know that the communication is coming from your site) and must include an icon, trademark, logo or other identifying mark. You agree not to misrepresent or impersonate another site or entity, or mislead users about the originator of the website push notification. To the extent that you reference a third party&#8217;s trademark or brand within your Notification, you represent and warrant that you have the necessary rights.  <\/p>\n\n<p>3.2 By enabling the APN and sending push notifications from the macOS website for your site as permitted under this Agreement, you permit Apple to use (i) screenshots of the push notifications from the macOS website on macOS; and (ii) trademarks and logos associated with such Notifications, for promotional purposes in Apple&#8217;s marketing materials, excluding those portions that you do not have the right to use for promotional purposes and that you identify in writing to Apple. You also permit Apple to use images and other materials that you may provide to Apple, at Apple&#8217;s reasonable request, for promotional purposes in marketing materials.   <\/p>\n\n<p>4. Delivery by APN or via Local Notifications. You understand and agree that in order to provide the APN and make your push notifications available on iOS or macOS products, Apple may transmit your push notifications over various public networks, on various media, and modify or change your push notifications to meet technical and other requirements for connecting to networks or devices. You acknowledge and agree that the APN is not, and is not intended to be, a guaranteed or secure delivery service, and that you shall not use or rely on it as such. In addition, as a condition of using the APN or delivering local Notifications, you agree not to transmit personal or confidential information belonging to an individual (for example, a social security number, bank account or transactional information, or any information where the individual may have a reasonable expectation of secure transmission) as part of such Notification, and you agree to comply with any applicable notice or consent requirements with respect to any collection, transmission, maintenance, processing or use of an end user&#8217;s personal information.   <\/p>\n\n<h3 class=\"wp-block-heading\"><strong>5. Your acknowledgements. You acknowledge and accept that: <\/strong><\/h3>\n\n<p>5.1 Apple may at any time, and from time to time, with or without notice to you (a) modify the APN, including changing or removing any feature or functionality, or (b) modify, deprecate, reissue or republish the APN APIs. You understand that such modifications may require you to change or update your applications, Passes or sites at your own expense. Apple has no express or implied obligation to provide, or continue to provide, the APN and may suspend or discontinue all or part of the APN at any time. Apple will not be liable for any losses, damages or costs of any kind incurred by you or any other party arising out of or related to any such suspension or discontinuance of service or any modification of the APN or APN APIs.     <\/p>\n\n<p>5.2 The APN is not available in all languages or in all countries and Apple makes no representation that the APN is appropriate or available for use in any particular location. To the extent you choose to access and use the APN, you do so at your own initiative and are responsible for compliance with applicable laws, including but not limited to local laws. <\/p>\n\n<p>5.3 Apple provides the APN to You for use with Your App, Pass or Site, and does not provide the APN directly to any end user. You acknowledge and agree that Push Notifications are sent by you, not Apple, to the end user of Your App, Pass or Site, and you are solely responsible and liable for any data or content transmitted therein and any use thereof. APN. You further acknowledge and agree that any local notifications are sent by you, not Apple, to the end user of Your App, Pass or Site, and you are solely responsible and liable for any data or content transmitted therein.   <\/p>\n\n<p>5.4 Apple makes no warranties to you regarding the availability or uptime of APN and is not obligated to provide any maintenance, technical or other support for APN.<\/p>\n\n<p>5.5 Apple reserves the right to remove your APN access, limit your use of the APN or revoke your Push App ID at any time in its sole discretion.<\/p>\n\n<p>5.6 Apple may monitor and collect information (including, without limitation, technical data and diagnostic information) about your use of APN to help Apple improve APN and other Apple products or services and to verify your compliance with this Agreement; provided that Apple will not access or disclose the contents of any Push Notification unless Apple believes in good faith that such access or disclosure is reasonably necessary to: (a) comply with legal process or request; (b) enforce the terms of this Agreement, including investigation of any potential violation thereof; (c) detect, prevent, or address security, fraud, or technical issues; or (d) protect the rights, property, or safety of Apple, its developers, customers, or the public as required or permitted by law.    <\/p>\n\n<p>6. Third Party Service Providers. You are permitted to engage or contract with a third party (&#8220;Service Provider&#8221;) to assist you in accessing and using the APN on your Applications, Passes or Sites, including, without limitation, engaging such Service Provider to maintain and manage application servers on your behalf, provided that such Service Provider&#8217;s access to and use of APN is only on your behalf in providing such services to you for your Application, your Pass and\/or your sites and in accordance with these terms, and is subject to a binding written agreement between you and the Service Provider with terms at least as restrictive and protective of Apple as those set forth herein, including, without limitation, confidentiality of APN Drafts and indemnification obligations to Apple. Any action taken by such Service Provider in connection with Your Automatic Notifications and\/or arising out of this Agreement will be deemed taken by You, and You (in addition to the Service Provider) will be liable to Apple for all such actions (or any inaction), including, but not limited to, indemnifying Apple for any damages caused by the Service Provider acting on Your behalf. In the event of actions or inactions that constitute a violation of this Agreement or otherwise cause any damage, Apple reserves the right to require you to change Service Providers.   <\/p>\n\n<h3 class=\"wp-block-heading\"><strong>7. Additional disclaimer  <\/strong><\/h3>\n\n<p>APPLE SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE OF APN, INCLUDING ANY INTERRUPTION IN APN OR ANY USE OF NOTIFICATIONS, INCLUDING, BUT NOT LIMITED TO, ANY POWER OUTAGES, SYSTEM FAILURES, NETWORK ATTACKS, SCHEDULED OR UNSCHEDULED, MAINTENANCE OR OTHER INTERRUPTIONS.<\/p>\n\n<h2 class=\"wp-block-heading\"><strong>Annex 4<\/strong><\/h2>\n\n<h3 class=\"wp-block-heading\"><strong>Separability<\/strong><\/h3>\n\n<p>If any term, condition or provision contained in these Terms and Conditions, or any part thereof, is held to be unenforceable, then such term, condition or provision, or part thereof, shall be void to the extent necessary and all other terms, conditions or provisions shall remain in effect, as if the void term, condition or provision, or part thereof, had not existed.<\/p>\n\n<h3 class=\"wp-block-heading\"><strong>Jurisdiction and applicable law<\/strong><\/h3>\n\n<p>This Agreement (and any controversy, dispute or claim of any nature whatsoever arising out of or in any way connected with it or its formation) shall be governed by and construed in accordance with Spanish law. All disputes arising out of this Agreement shall be submitted to the Courts and Tribunals of Madrid Capital. <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Information related to the promotion of support for small businesses To help small businesses recover to the new normal, LoyiCard offers a 14-day free trial of the service with a limit of 25 active users or cards. It is necessary to create a LoyiCard account to access and use the service. Once the limit of [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-17627","page","type-page","status-publish","hentry"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/loyicard.com\/en\/wp-json\/wp\/v2\/pages\/17627","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/loyicard.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/loyicard.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/loyicard.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/loyicard.com\/en\/wp-json\/wp\/v2\/comments?post=17627"}],"version-history":[{"count":2,"href":"https:\/\/loyicard.com\/en\/wp-json\/wp\/v2\/pages\/17627\/revisions"}],"predecessor-version":[{"id":17630,"href":"https:\/\/loyicard.com\/en\/wp-json\/wp\/v2\/pages\/17627\/revisions\/17630"}],"wp:attachment":[{"href":"https:\/\/loyicard.com\/en\/wp-json\/wp\/v2\/media?parent=17627"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}