Terms of Service

These Terms and Conditions (hereinafter, 'Terms') regulate the relationship between:

• The Provider: Nexus Business Intelligence S.L., with CIF B23986540, registered at Calle Contraalmirante Pou Magraner 2 -2, 07181 Calvià, Illes Balears, España.
• The Client: The natural or legal person who contracts the LoyaltyAI platform services.
• The End User: The end consumer who registers in a loyalty program managed through the Platform.

The use of the Platform implies full acceptance of these Terms. If you disagree with any of them, please do not use the service.

LoyaltyAI is a SaaS (Software as a Service) customer loyalty platform offering the following features:

• Customizable web application for end customers (registration, point accumulation and redemption).
• Administration panel for loyalty program management.
• Integration with Point of Sale (POS) systems: Ágora, SumUp, Square, Glop.
• Automated SMS sending and satisfaction surveys.
• Digital pass generation for Apple Wallet and Google Wallet.
• Analytics and program performance KPIs.

• Free: Free, no commitment. Limited to 100 members, 5 rewards and 1 POS integration. No credit card required.
• Pro: €49/month (VAT excluded) or €490/year (VAT excluded). Unlimited features. Recurring billing via Stripe.
• Enterprise: Custom pricing on request. Includes dedicated support and advanced features.

Prices shown do not include applicable Value Added Tax (VAT). Invoices will be issued in accordance with current tax regulations.

• You can cancel your subscription at any time from the billing portal.
• Upon cancellation, you will retain access to your plan until the end of the current billing period.
• No partial refunds are provided for unused periods, except as provided by consumer legislation.
• The Free plan remains active indefinitely.
• When cancelling a paid plan, your account will automatically downgrade to the Free plan. Your data will be preserved.

In accordance with Article 103(m) of Royal Legislative Decree 1/2007, the right of withdrawal shall not apply to the supply of digital content not on a tangible medium when performance has begun with the consumer's prior express consent.

Regarding the personal data of loyalty program end users:

• The Client (business) acts as Data Controller for its end customers' data.
• Nexus Business Intelligence S.L. acts as Data Processor pursuant to Article 28 of the GDPR.
• The Processor shall process data only in accordance with the Controller's documented instructions.
• The Processor ensures the confidentiality of persons authorized to process data.
• The Processor shall implement security measures under Article 32 of the GDPR.
• The Processor shall assist the Controller in fulfilling data subject rights requests.
• The Processor shall notify security breaches to the Controller without undue delay and within 72 hours.
• Upon termination of the service, the Processor shall delete or return data to the Controller, unless legally required to retain it.

The Client agrees to:

• Obtain informed consent from end customers for data processing within the loyalty program.
• Comply with GDPR and LOPDGDD in its capacity as Data Controller.
• Not use the Platform to send unsolicited commercial communications (spam).
• Maintain the security of access credentials and enable 2FA when possible.
• Provide accurate and up-to-date information.
• Not use the Platform for illegal purposes or in violation of these Terms.

• The LoyaltyAI platform, including its source code, design, brand and documentation, are the exclusive property of Nexus Business Intelligence S.L..
• The Client retains all rights to its content (logo, photographs, customized texts).
• Data generated by end customers belongs to the Client (business) as Data Controller.
• The Client is granted a limited, non-exclusive and revocable license to use the Platform for the duration of the contract.

• Free: No guaranteed SLA. Email support.
• Pro: 99.5% monthly uptime. Priority email support (24 business hours response).
• Enterprise: 99.9% monthly uptime. Dedicated support with custom SLA.

To the maximum extent permitted by applicable law, the total aggregate liability of Nexus Business Intelligence S.L. for any claim arising from these Terms shall not exceed the total amount paid by the Client in the 12 months preceding the causative event. This limitation shall not apply in cases of willful misconduct, gross negligence or liabilities that cannot be excluded by law.

These Terms are governed by Spanish law. For the resolution of any disputes, the parties submit to the Courts of Palma de Mallorca (Balearic Islands), unless the Client qualifies as a consumer, in which case the jurisdiction of their domicile shall apply.

European online dispute resolution platform: https://ec.europa.eu/consumers/odr