Terms of Service — Fideliya

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") govern your use of the Fideliya service, including the web application, API, and related features (collectively, the "Service"). By accessing or using Fideliya, you agree to be bound by these Terms. If you do not agree to any part of these Terms, you may not use the Service.

Fideliya ("We", "Us", "Our", or "Company") is a loyalty pass platform with the principal place of business in Spain.

2. DEFINITIONS

"Account" means your user account registered with Fideliya using our authentication provider.
"Business Owner" means you, if you create an Account and operate a small business using Fideliya's Service.
"End Customer" means a person who receives a loyalty pass issued by your business.
"Personal Data" means any information relating to an identified or identifiable natural person.
"Service" means the Fideliya loyalty pass platform, dashboard, API, and all associated features.
"Loyalty Pass" means the digital loyalty card generated and issued by your business to End Customers.

3. ELIGIBILITY

You must be:

At least 18 years of age or the legal age of majority in your jurisdiction
Operating a business or commercial activity (formal registration is not required)
Not barred by applicable law from using the Service
In compliance with all applicable laws and regulations in your jurisdiction

4. ACCOUNT REGISTRATION AND SECURITY

4.1 Registration

You agree to provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your Account credentials and password. You agree to accept responsibility for all activity that occurs under your Account.

4.2 Authentication

Fideliya uses a third-party authentication provider for account management. Your authentication credentials are managed securely by our provider.

4.3 Account Termination

We may terminate or suspend your Account immediately, without notice, for conduct that we believe violates these Terms or applicable law, including fraud, unauthorized access, or misuse of the Service.

5. SERVICE DESCRIPTION AND USE RIGHTS

5.1 License Grant

We grant you a limited, non-exclusive, non-transferable license to use the Service solely for operating a legitimate loyalty program for your business. This license terminates upon termination of your Account.

5.2 Acceptable Use

You agree not to:

Use the Service for any illegal or fraudulent purpose
Violate any applicable laws or regulations
Infringe upon third-party intellectual property rights
Transmit viruses, malware, or harmful code
Attempt to gain unauthorized access to the Service
Reverse engineer, decompile, or disassemble the Service
Resell or redistribute the Service without authorization
Use automated tools to scrape, crawl, or extract data
Create false or misleading Loyalty Passes
Collect End Customer data except through legitimate Loyalty Pass issuance

5.3 Feature Limitations

Fideliya's features, including pass creation limits, analytics access, and API access, are determined by your subscription plan. Exceeding plan limitations may result in service restrictions or account suspension.

6. SUBSCRIPTION PLANS AND BILLING

6.1 Plans and Pricing

Fideliya offers the following subscription tiers:

Free: 1 business, 20 customers, 1 location — €0/month
Pro (€49.99/month or €39.99/month billed annually): 2 businesses, 1,000 customers, 4 locations, gift cards, advanced analytics, priority support
Enterprise (€99.99/month or €79.99/month billed annually): 4 businesses, unlimited customers, 12 locations, API access, webhooks, white-label branding

Pricing is in EUR and subject to change with 30 days' notice. Current plan details and feature limits are always available on your dashboard billing page and at https://www.fideliyapass.com/pricing.

6.2 Payment Processing

Payments are processed through a PCI-DSS compliant third-party payment processor. By subscribing, you authorize Fideliya and our payment processor to charge your payment method on a recurring monthly basis. You are responsible for providing accurate payment information. Fideliya does not store your credit card details — all payment data is handled directly by our payment processor.

6.3 Billing Failures

If your payment fails, we will attempt to re-charge your account up to three times. If payment continues to fail, your Service may be suspended or terminated without refund.

6.4 Refunds and Cancellation

Subscriptions renew automatically each month
You may cancel your subscription at any time through your dashboard
Cancellation takes effect at the end of your current billing cycle
No refunds are provided for partial months or unused features

6.5 Price Changes

We may change subscription prices with at least 30 days' written notice. Price changes take effect at the start of the next billing cycle following the notice period. If you do not agree to a price change, you may cancel your subscription before it takes effect.

7. DATA OWNERSHIP AND MANAGEMENT

7.1 Your Data

You retain ownership of all data you input into Fideliya, including business information and Loyalty Pass configurations. We retain your data for the duration of your subscription and up to 30 days after termination.

7.2 End Customer Data

You are responsible for collecting End Customer data in compliance with applicable privacy laws. You must obtain explicit consent before collecting email addresses and other Personal Data. You warrant that you have legal authority to collect this data.

7.3 Data Access

We access your data only as necessary to:

Provide and maintain the Service
Comply with legal obligations
Prevent fraud or security incidents
Improve Service performance and reliability

7.4 Data Retention and Deletion

Upon request, we will delete your Account and associated data within 30 days, subject to legal retention requirements. Some data may be retained for compliance purposes (tax records, payment history) for up to 7 years.

8. INTELLECTUAL PROPERTY

8.1 Company IP

All content, features, functionality, design, graphics, text, and underlying technology of the Service are owned by Fideliya or our licensors and protected by copyright, trademark, and other intellectual property laws.

8.2 User Content

You grant Fideliya a worldwide, royalty-free license to use your business name, logo (if uploaded), and Loyalty Pass design solely to provide the Service and operate your Loyalty Pass.

9. LIMITATION OF LIABILITY

9.1 Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

9.2 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIDELIYA SHALL NOT BE LIABLE FOR:

Indirect, incidental, special, or consequential damages
Loss of profits, revenue, data, or business opportunity
Damages arising from Service interruptions, errors, or delays
Unauthorized access or data breaches (except where caused by our gross negligence)
Third-party actions or payment failures

9.3 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID FIDELIYA IN THE 12 MONTHS PRECEDING THE CLAIM, OR €100, WHICHEVER IS GREATER.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Fideliya, its officers, directors, employees, and agents from any claims, damages, or costs (including attorneys' fees) arising from:

Your violation of these Terms
Your misuse of the Service
Your violation of applicable law
Your infringement of third-party rights
Claims by End Customers regarding your Loyalty Pass practices

11. THIRD-PARTY SERVICES

Fideliya integrates with third-party services for authentication, payment processing, database hosting, email delivery, and application hosting. Your use of these services is governed by their respective terms and privacy policies. Fideliya is not responsible for third-party service interruptions, failures, or data breaches. A full list of third-party service providers is available upon request at contact@fideliyapass.com.

12. PRIVACY AND DATA PROTECTION

Your use of Personal Data (both yours and End Customers') is governed by our Privacy Policy. By using Fideliya, you consent to data processing as described in the Privacy Policy. You acknowledge that Fideliya operates in compliance with GDPR and other applicable data protection laws.

13. CHANGES TO TERMS

We may update these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Your continued use of the Service after such notice constitutes acceptance of the updated Terms.

14. TERMINATION

14.1 Termination by You

You may terminate your Account at any time by submitting a request through your Account settings.

14.2 Termination by Us

We may terminate your Account without notice if:

You violate these Terms or applicable law
You engage in fraud or illegal activity
You fail to pay fees for 30 days after notice
You violate our Acceptable Use Policy

14.3 Effect of Termination

Upon termination:

Your license to use the Service immediately ends
Your data will be deleted after 30 days (with exceptions for legal retention)
You remain liable for fees incurred up to termination
Provisions that survive termination include Indemnification, Limitation of Liability, and Governing Law

15. DISPUTE RESOLUTION

15.1 Informal Resolution

Before pursuing formal dispute resolution, you agree to first attempt to resolve disputes informally by contacting us at contact@fideliyapass.com.

15.2 Governing Law

These Terms are governed by the laws of Spain, excluding conflicts of law principles.

15.3 Jurisdiction

You irrevocably consent to the exclusive jurisdiction of the courts of Spain for any legal proceedings arising from these Terms or the Service.

15.4 Arbitration

If informal resolution fails, either party may elect to pursue binding arbitration under Spanish arbitration law, with proceedings conducted in English or Spanish at the parties' election. This clause does not prevent either party from seeking injunctive relief in a court of competent jurisdiction.

16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Fideliya regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions continue in full force and effect.

16.3 No Waiver

Our failure to enforce any right does not constitute a waiver of that right.

16.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to a successor entity.

16.5 Contact Information

For questions or concerns regarding these Terms, contact:

Fideliya Spain Email: contact@fideliyapass.com Website: https://www.fideliyapass.com

ANNEX A: GDPR COMPLIANCE NOTICE

As a Business Owner using Fideliya, you are a "Data Controller" of End Customer Personal Data. Fideliya acts as your "Data Processor." We have a Data Processing Agreement in place (available upon request) that governs our processing of your End Customer data in compliance with GDPR Articles 28-32.

Key points:

End Customers have the right to access, correct, or delete their Personal Data
You must honor deletion requests within 30 days
Fideliya will assist you in responding to Data Subject Access Requests
Data is encrypted in transit and at rest
Fideliya conducts regular security audits

For questions about GDPR compliance, contact: contact@fideliyapass.com