Acceptance
These Terms of Service form a binding agreement between you or the entity you represent ("Customer", "you") and Loyara ("Loyara", "we", "us"). By signing up for, accessing, or using the Loyara service, you confirm that you have the authority to accept these terms and that you agree to be bound by them. If you do not agree, do not use the service.
The service
Loyara provides a software-as-a-service platform that lets rental businesses run a branded customer website, a private operations dashboard, and an automated engine for bookings, payments, reminders, and records. The service is provided on a subscription basis, hosted and maintained by Loyara on the Customer's behalf on a domain designated by the Customer.
The scope of the service, including included modules and limits, is as described on https://loyara.io and in any order form or proposal confirmed in writing between the parties.
Your account
- You must provide accurate information on sign-up and keep it current.
- You are responsible for the acts and omissions of every user you invite, including employees, contractors, and agents, and for the assignment of roles and permissions.
- You will keep sign-in credentials confidential and notify us promptly of any suspected unauthorised access.
- You must be at least 18 years old to hold an account.
- You are responsible for complying with the laws that apply to your business and your customers, including rental regulations, consumer protection, and tax.
Acceptable use
You will not, and will not permit any user to:
- Use the service in breach of law, including sanctions, export controls, or regulations applicable to your rental category.
- Reverse engineer, decompile, or attempt to derive source code, except to the extent expressly permitted by law.
- Circumvent access controls, rate limits, or security measures.
- Introduce malware, scrape at scale, or impose disproportionate load on the service.
- Use the service to send unsolicited marketing or to deceive customers.
- List or rent items that are illegal or unsafe for the intended use.
- Transmit personal data of individuals in a manner that exceeds the purposes for which they provided it to you.
Fees and billing
- Fees are set out in the applicable order form or quoted in writing. Unless stated, fees are exclusive of taxes, duties, and levies, which you are responsible for.
- Invoices are issued in advance for the subscription term. Payment is due within the period stated on the invoice.
- Late payment may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
- Fees are non-refundable except where required by law or expressly stated in an order form. If we terminate for your material breach, any prepaid unused fees are forfeited. If you terminate for our uncured material breach, unused prepaid fees for the terminated portion will be refunded on a pro-rata basis.
- We may change fees on renewal by giving at least thirty days' written notice before the end of the then-current term.
- Payment processing is performed by a PCI-DSS compliant aggregator. Payouts land directly in a bank account of your choice.
Customer data
Customer data means records you or your users submit to the service, including inventory listings, bookings, customers, payments, messages, and settings.
- You own your customer data. We act as processor under your instructions.
- We will use customer data only to provide and secure the service, to comply with law, and as otherwise set out in our Privacy Policy.
- You may export customer data as CSV at any time while the service is active. On termination, you may export within thirty days of the effective date of termination. After that window, we will delete customer data except for records we are legally required to retain.
- You warrant that you have all rights, consents, and lawful bases necessary to submit customer data to the service and to allow us to process it on your behalf.
Intellectual property
- The platform, including its code, design, text, graphics, logos, and documentation, is owned by Loyara and its licensors and is protected by intellectual property laws.
- Customer content, including brand assets, photographs, product descriptions, and copy you upload, remains yours. You grant Loyara a limited, non-exclusive, royalty-free licence to host, display, and process customer content solely as necessary to operate the service.
- You may not use the Loyara name, logo, or design elsewhere without written permission, except to indicate that you are a Loyara customer.
Third-party services
The service integrates with third-party providers for payments, email delivery, optional customer relationship management, analytics, and similar functions. Your use of those providers is governed by their own terms, and we are not responsible for their acts or omissions beyond what we have expressly agreed to.
Confidentiality
Each party will protect the other party's confidential information from unauthorised use or disclosure with at least the same degree of care it uses for its own confidential information, and no less than reasonable care. Confidential information does not include information that is publicly known, independently developed, or rightfully received from another source without restriction.
Availability and support
We aim to keep the service available twenty-four hours a day, seven days a week, with minimal planned downtime for maintenance. Except as expressly agreed in a separate service-level commitment, no specific uptime is guaranteed. Support is provided over email at support@loyara.io. We will make commercially reasonable efforts to respond within one business day and to prioritise incidents affecting live bookings.
Warranties and disclaimers
We warrant that we will provide the service with reasonable skill and care, consistent with generally accepted industry standards. Except for this warranty, the service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all other warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of liability
- To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, or loss of data, even if advised of the possibility.
- Each party's total aggregate liability for all claims arising out of or related to these terms is limited to the fees paid or payable by the Customer to Loyara in the twelve months preceding the event that gave rise to the claim.
- Nothing in this section limits liability for fraud, wilful misconduct, gross negligence, death, personal injury caused by negligence, or any other liability that cannot be limited under applicable law.
Indemnification
You will defend, indemnify, and hold Loyara harmless from any third-party claim, demand, loss, or damage, including reasonable legal fees, arising from or related to your customer data, your use of the service in breach of these terms, or your violation of any law or third-party rights. We will defend, indemnify, and hold you harmless from any third-party claim that the Loyara platform, as provided and used in accordance with these terms, infringes a registered intellectual property right in the territory where the service is made available.
Termination
- Either party may terminate for material breach that is not cured within thirty days of written notice.
- You may cancel your subscription for any reason effective at the end of the then-current term by written notice.
- On termination: access to the service ends, your export window begins, and any outstanding fees become due immediately.
Suspension
We may suspend access immediately, without liability, if we reasonably believe your account presents a security risk, is being used in breach of law or these terms, or has unpaid fees more than thirty days overdue after written notice. We will restore access promptly once the issue is resolved.
Force majeure
Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, wars, civil unrest, pandemics, or large-scale failures of internet infrastructure. The affected party will take reasonable steps to minimise the impact and resume performance as soon as practicable.
Governing law and arbitration
These terms are governed by the laws of the Republic of India, without regard to conflict of laws principles. Any dispute arising out of or in connection with these terms shall be finally resolved by arbitration administered in accordance with the Arbitration and Conciliation Act 1996, by a sole arbitrator mutually appointed by the parties. The seat of arbitration shall be Kochi, Kerala, and the language shall be English. Nothing in this section prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction.
Dispute resolution
Before starting any arbitration or litigation, the parties will attempt in good faith to resolve any dispute by discussion between representatives with authority to settle for at least thirty days. Written notice of the dispute will be sent to support@loyara.io and to your primary contact on file.
Changes to these terms
We may update these terms from time to time. Material changes will be notified by email to account administrators at least thirty days before the change takes effect, unless a shorter period is required by law. Continued use of the service after the effective date constitutes acceptance of the updated terms.
Miscellaneous
- Entire agreement. These terms, the Privacy Policy, and any order form signed by the parties form the entire agreement between you and Loyara.
- Severability. If any provision is held unenforceable, the rest will remain in full effect.
- No waiver. Failure to enforce a right is not a waiver of that right.
- Assignment. You may not assign these terms without our written consent, except to a successor in a merger, acquisition, or sale of substantially all assets. We may assign these terms in connection with a corporate reorganisation or similar transaction.
- Notices. Notices to Loyara must be sent to support@loyara.io. Notices to you will be sent to the email address on your account.
- Relationship. The parties are independent contractors. Nothing in these terms creates a partnership, joint venture, or agency.
- No third-party beneficiaries. These terms are for the benefit of the parties only.
Contact
For contractual notices, legal questions, or any concern about these terms, write to support@loyara.io.