Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of LoyalITy.ai's website, services, and communications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Services.

Services Description

LoyalITy.ai provides business automation consulting and implementation services, including:

• Automation audit and assessment services
• Custom workflow and integration development
• System integration consulting
• Ongoing support and optimization services

Services are provided on a project basis or as otherwise agreed upon in writing between you and LoyalITy.ai.

SMS Text Messaging Terms (A2P 10DLC)

Consent to Receive SMS Messages

By providing your mobile phone number and opting in to receive SMS messages from LoyalITy.ai, you expressly consent to receive text messages from us. These messages may include:

• Appointment confirmations and reminders
• Service updates and notifications
• Project status updates
• Responses to your inquiries

Message Frequency & Costs

Message Frequency: Message frequency varies based on your interactions with us. You can expect approximately 2-4 messages per month, though frequency may increase during active projects or consultations.

Message and Data Rates: Message and data rates may apply. Standard text messaging rates from your mobile carrier will apply to all SMS messages sent and received.

Opting Out of SMS Messages

You can opt-out of receiving SMS messages at any time by:

• Replying STOP to any text message from us
• Contacting us at pavel@loyality.ai

After opting out, you will receive one final confirmation message, and then no further messages will be sent unless you re-opt in.

Help and Support

For help or support with SMS messages, reply HELP to any message or contact us at pavel@loyality.ai.

Carrier Compatibility

Our SMS services are compatible with all major U.S. carriers. We are not responsible for messages that are not delivered due to carrier-related issues, network problems, or device limitations.

Booking and Appointments

When you book a consultation or audit through our calendar system:

• You agree to attend scheduled appointments at the designated time
• You may reschedule with at least 24 hours notice
• Repeated no-shows or late cancellations may result in suspension of booking privileges
• We reserve the right to cancel or reschedule appointments with reasonable notice

Payment Terms

Payment terms for services will be outlined in project proposals or service agreements. Generally:

• Initial consultations and audits may be provided at no cost as specified
• Implementation services require written agreements with defined scope and pricing
• Payment is due according to the terms specified in your service agreement
• We reserve the right to suspend or terminate services for non-payment

Intellectual Property

Unless otherwise agreed in writing:

• You retain ownership of your business data, processes, and proprietary information
• Custom implementations created specifically for you become your property upon full payment
• We retain rights to general methodologies, frameworks, and tools developed by us
• We may use anonymized case studies and general descriptions of work performed for marketing purposes

Confidentiality

We treat all client information as confidential. We will not disclose your business information, data, or processes to third parties except:

• As required to perform services (e.g., to integrate with third-party systems)
• As required by law
• With your express written consent

Disclaimers and Limitations of Liability

Disclaimer of Warranties

OUR SERVICES ARE 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, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty not expressly stated in these Terms.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LOYALITY.AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use our Services
• Any unauthorized access to or use of your data
• Any interruption or cessation of Services
• Any third-party services or integrations
• Any bugs, viruses, or harmful code transmitted through our Services
• Any errors or omissions in content or any loss or damage incurred as a result of using content

Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO LOYALITY.AI, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

Termination

We reserve the right to terminate or suspend your access to our Services at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

Upon termination, your right to use our Services will immediately cease. Provisions regarding confidentiality, intellectual property, and limitations of liability will survive termination.

Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Florida, and you hereby irrevocably consent to the personal jurisdiction and venue therein.

Dispute Resolution and Arbitration

Informal Resolution

Any disputes arising out of or relating to these Terms or our Services shall first be attempted to be resolved through good-faith negotiation by contacting us at pavel@loyality.ai. We will attempt to resolve the dispute within 30 days of receiving notice.

Binding Arbitration

If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration will be conducted in Florida, or remotely via video conference if mutually agreed. The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

Class Action Waiver

YOU AND LOYALITY.AI AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and LoyalITy.ai agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

Exceptions

Notwithstanding the above, either party may bring suit in court for injunctive relief to protect intellectual property rights or confidential information.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Contact Information

If you have any questions about these Terms, please contact us:

Entire Agreement

These Terms, together with our Privacy Policy and any written service agreements, constitute the entire agreement between you and LoyalITy.ai regarding the use of our Services and supersede all prior agreements and understandings.