Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Loyalti Sdn Bhd(“Loyalti”, “we”, “us”, or “our”), governing your access to and use of the Loyalti platform, website, and all related services (collectively, the “Platform”).

By registering an account, clicking “I Agree”, or otherwise accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Platform.

If you are registering on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms, and references to “you” include both you and that entity.

In these Terms, the following definitions apply:

Platform

The Loyalti web application, API, associated websites, and all services provided by Loyalti Sdn Bhd.

Vendor

A business entity or sole trader that has registered an account with Loyalti to operate a loyalty programme for their customers.

Customer

An individual end user who participates in a Vendor's loyalty programme through the Platform.

Points

Digital loyalty credits awarded by Vendors to Customers as part of a loyalty programme, with no monetary value and not redeemable for cash.

Rewards

Benefits, discounts, free items, or other incentives that Vendors make available to Customers in exchange for Points or stamp completions.

Subscription

A recurring fee-based plan (Free, Pro, or Enterprise) that determines a Vendor's access level and feature entitlements on the Platform.

Content

All text, graphics, logos, data, images, and other material uploaded to, submitted through, or created on the Platform by any user.

To access the Platform as a Vendor, you must register an account by providing accurate, complete, and current information, including your business name, registered address, and a valid email address. You agree to update this information promptly if it changes.

Each business entity may maintain only one active Vendor account. Creating duplicate accounts to circumvent plan limits, suspensions, or other restrictions is a material breach of these Terms.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at legal@loyalti.my if you suspect any unauthorised use of your account.

Loyalti reserves the right to refuse registration, suspend, or terminate any account at our sole discretion, including where we reasonably believe that provided information is false, misleading, or in violation of these Terms.

Loyalti provides a cloud-based platform that enables Vendors to create and manage digital loyalty programmes for their customers. Core services include:

• Loyalty programme management: Tools to create stamp cards, points-based programmes, tier systems, and custom reward structures.
• Points and rewards system: Real-time tracking and management of Customer points balances, reward redemption workflows, and loyalty history dashboards.
• WhatsApp messaging: Automated and manual messaging to Customers who have opted in, including transactional notifications (points earned, rewards available) and promotional campaigns.
• Customer relationship management (CRM): Customer data management, segmentation, campaign analytics, and visit-frequency reporting (Pro and Enterprise plans).
• Multi-outlet support: Management of multiple business locations under a single account (Pro: up to 3 outlets; Enterprise: unlimited).

We reserve the right to modify, update, or discontinue any feature or aspect of the Platform at any time. We will provide reasonable advance notice of material changes that adversely affect Vendor functionality.

You agree not to use the Platform to:

• Fraudulent points manipulation: Artificially inflate Customer point balances, create fictitious transactions, exploit system vulnerabilities for unearned rewards, or engage in any form of loyalty programme fraud.
• Spam messaging: Send unsolicited WhatsApp messages to individuals who have not explicitly opted in to receive communications from your business; send messages that are deceptive, misleading, or harassing; or send messages at excessive frequency.
• Data scraping: Use automated tools, bots, scrapers, or scripts to extract data from the Platform without written authorisation from Loyalti.
• Illegal activity: Use the Platform in any manner that violates applicable Malaysian law, including the Communications and Multimedia Act 1998, the Computer Crimes Act 1997, the PDPA 2010, or any other relevant legislation.
• Interference: Attempt to disrupt, compromise, or circumvent the security or integrity of the Platform, other users' accounts, or any related systems.
• Misrepresentation: Impersonate another person or entity, misrepresent your affiliation with any organisation, or provide false information to Loyalti or Customers.

Violation of this section may result in immediate account suspension or termination without refund, and we reserve the right to report unlawful activity to the relevant Malaysian authorities.

Loyalti owns the Platform. All rights, title, and interest in and to the Platform — including its software, design, trademarks, trade names, logos, and proprietary technology — are and remain the exclusive property of Loyalti Sdn Bhd. Nothing in these Terms grants you any rights to our intellectual property except the limited licence to use the Platform in accordance with these Terms.

You own your business data. As a Vendor, you retain all ownership rights in your business data — including your business name, branding, product listings, and the personal data of your Customers. You grant Loyalti a limited, non-exclusive, royalty-free licence to use such data solely to provide and improve the Platform services.

You may not copy, modify, distribute, sell, reverse-engineer, or create derivative works based on any part of the Platform without prior written consent from Loyalti.

As a Vendor, you are responsible for ensuring that you have obtained all necessary consents from your Customers before collecting, uploading, or processing their personal data through the Platform, as required by the Personal Data Protection Act 2010 (PDPA) and any applicable subsidiary legislation.

PDPA compliance is a shared responsibility: Loyalti acts as a data processor in relation to Customer data on behalf of the Vendor (who is the data user under the PDPA). Loyalti provides technical safeguards and contractual protections, while Vendors are responsible for the lawfulness of their data collection, the accuracy of their privacy notices, and proper handling of Customer data access and deletion requests.

You agree to maintain an up-to-date privacy notice for your Customers that accurately describes how their data is used in connection with your loyalty programme and the Loyalti Platform. You must not use Customer data obtained through the Platform for purposes beyond those disclosed to Customers.

The Platform is provided on an “as-is” and “as-available” basis without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the maximum extent permitted by Malaysian law, Loyalti shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, loss of data, loss of goodwill, or business interruption — arising out of or related to your use of the Platform, even if Loyalti has been advised of the possibility of such damages.

Our total aggregate liability to you for any claims arising under or related to these Terms shall not exceed the total subscription fees paid by you to Loyalti in the 12 months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.

Termination by you: You may terminate your Vendor account at any time by providing at least 30 days' written notice to legal@loyalti.my or by using the account deletion function in the Platform settings. Termination does not entitle you to a refund of prepaid subscription fees except as provided in Section 5.

Termination by Loyalti: We may suspend or terminate your account immediately and without notice if you materially breach these Terms (including the Acceptable Use provisions in Section 6), if you fail to pay subscription fees when due after a 7-day grace period, or if we are required to do so by applicable law.

Effect of termination: Upon termination, your right to access the Platform ceases immediately. Your account data will remain accessible for export for 30 days following the termination date, after which it will be deleted in accordance with our data retention schedule (see Privacy Policy, Section 6). You remain responsible for fulfilling any outstanding obligations to your Customers, including honouring accrued rewards where reasonably practicable.

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Platform, the parties shall first attempt to resolve the matter through good-faith negotiation. Either party may initiate this process by sending a written notice describing the dispute to the other party's designated email address.

If the dispute is not resolved through negotiation within 30 days of the written notice, either party may refer the matter to mediation administered by the Malaysian Mediation Centre (MMC) in accordance with its prevailing mediation rules.

These Terms are governed by and construed in accordance with the laws of Malaysia. Any disputes not resolved through the above processes shall be subject to the exclusive jurisdiction of the courts of Kuala Lumpur, Malaysia.

Neither party shall be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond that party's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government orders, internet service disruptions, or third-party infrastructure failures. The affected party shall notify the other party promptly and shall use reasonable efforts to overcome or minimise the impact of the force majeure event.

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions of these Terms shall continue in full force and effect.

These Terms, together with the Privacy Policy and any Order Form or Service Level Agreement entered into by the parties, constitute the entire agreement between you and Loyalti with respect to the Platform and supersede all prior or contemporaneous negotiations, discussions, representations, or agreements, whether written or oral, relating to the same subject matter.

Any amendment to these Terms must be made in writing and, in the case of changes made by Loyalti, communicated to you in accordance with Section 12 of the Privacy Policy. No waiver of any provision of these Terms shall be effective unless made in writing.

For any questions about these Terms or legal matters related to the Platform, please contact us: