Demo

Public Offer of LOYALLYST

Date: 13.09.2025

 

The text of this offer is a public proposal to conclude an Agreement on the use of the LOYALLYST program.

The conclusion of the Agreement is possible provided that its terms are fully and unconditionally accepted by the Person intending to use the LOYALLYST program.

By accepting the terms of this offer, the Person intending to use the program confirms that they have read the contents of the Agreement, that it is fully understandable to them, and that they agree to and accept the terms of this Agreement.

Also, by accepting the terms of this offer, the Person intending to use the program confirms that they have a sufficient level of legal capacity to conclude the Agreement and to fulfill the obligations under it.

 

 

AGREEMENT

on the use of the LOYALLYST program

Individual entrepreneur Andrii Dobrovolskyi(hereinafter referred to as the “Executor”), identification code 3520613692, on the one hand, and
The Person intending to use the LOYALLYST program and accepting the terms of this Agreement (hereinafter referred to as the “Customer”), on the other hand,
together – the “Parties,” have concluded this Agreement as follows:

 

 

1. SUBJECT OF THE AGREEMENT

1.1. Under the procedure and on the terms defined by this Agreement, the Executor undertakes, for a fee, to provide services ensuring the Customer’s access to the software product LOYALLYST (hereinafter also referred to as the “Program” or “LOYALLYST”), which includes:

  • granting the right to use LOYALLYST within the scope defined for the tariff prepaid by the Customer, described at the link https://www.loyallyst.com/en,
  • development of a customized version of the Program,
  • providing technical support of the cloud platform necessary for the full use of the software product,
  • provision of informational and other services related to the use of the Program,

and the Customer undertakes to pay the Executor for the provided services.

1.2. LOYALLYST is software for the complete automation of a business loyalty program, the main functions of which are:

  • branded guest card in Apple & Google Wallet,
  • electronic guest questionnaire with flexible settings,
  • sending Push notifications instead of SMS,
  • marketing automation,
  • monitoring and analytics,
  • geo-PUSH notifications,
  • integration with the Customer’s POS system or operation with the loyalty system via Loyallyst Scanner for accrual of bonuses.

A full description of LOYALLYST functionality is available on the Website at the link https://www.loyallyst.com/en (hereinafter also referred to as the “Website”).

1.3. A customized version of the Program is a version of LOYALLYST tailored to the Customer’s needs, which includes a set of functions selected by the Customer for further use of the Program, as well as the design of the Program’s external interface for the Customer.

1.4. When providing services to the Customer in the part of developing the customized version of the Program, technical support, informational consulting, and providing feedback to the Customer, the Executor may act personally or involve third parties (employees/partners/contractors) who will act on behalf of the Executor and LOYALLYST.

1.5. The Customer may use LOYALLYST exclusively for the needs of their entrepreneurial activity (business).

 

 

2. CONCLUSION OF THE AGREEMENT AND TERMS OF SERVICE

2.1. The use of the Program is carried out under the terms of SaaS (Software as a Service — a model of providing software via the Internet, where users gain access to applications without the need for installation or maintenance).

2.2. The granting of the right to use LOYALLYST and the provision of other services begins after the conclusion of this Agreement.

2.3. The conclusion of the Agreement is possible in the case of full and unconditional acceptance by the Customer of its terms, which occurs by the Customer performing one of the following actions:

  • 2.3.1. registration of the Customer on the Website https://www.loyallyst.com/en, after which the Customer’s Account will be created,
  • 2.3.2. creation of the Customer’s Account through third-party resources.

2.4. During registration on the Website or creation of an Account through third-party resources, the Customer is obliged to provide accurate information about themselves and their business. The Executor does not verify the information provided by the Customer, and all responsibility for the content of such information lies with the Customer.

2.5. After creating an Account, the Customer is granted access to the Administrative Panel, from which the Program functions are managed, personal data viewed, monitoring and analytics information reviewed, and more.

2.6. During the first 7 days after registration and creation of the Account, the Customer receives free access to the full functionality of the LOYALLYST program.

2.7. To operate with the loyalty system and accrue bonuses, the LOYALLYST Program is connected and integrated with the Customer’s POS system. If such integration is impossible, the Executor provides the Customer with additional software – Loyallyst Scanner.

2.8. For the purpose of developing a customized version of the Program, the Customer provides the Executor with information about the required Program functions and the identity of their business.

2.9. After starting to use the customized version of the Program, the Customer may independently make any changes to it through the Administrative Panel in their Account.

2.10. The Executor provides the Customer with remote information and technical support regarding the elimination of errors/deficiencies in the Program, provision of basic consultations on the Program’s functionality, and other issues related to the Customer’s interaction with LOYALLYST.

2.11. To ensure the proper operation of the Program, the Executor is obliged to provide technical support, maintenance, and necessary updates of the cloud platform.

2.12. The Executor has the right, without prior notice, to restrict the Customer’s access to the Program in order to eliminate technical malfunctions, carry out scheduled maintenance, or install updates. The total duration of such restrictions may not exceed 48 hours per month.

2.13. While using the Program (including the customized version of the Program), the Customer (and persons related to them) is prohibited from:

  • using the Program to commit a crime or to conceal the commission of a crime,
  • using the Program in territories under international sanctions and/or in temporarily occupied territories of Ukraine,
  • attempting to hack the Program or the Website or otherwise interfering with their operation,
  • performing decompilation, disassembly of the software component of the software,
  • deconstructing the software’s databases,
  • interfering with the operation of any Program user, intercepting and collecting any data about the Program user and their business,
  • selling, transferring, assigning, or otherwise alienating access to the Account to third parties,
  • posting in the Program’s services any derogatory, offensive, obscene, threatening, unacceptable, blasphemous, indecent, immoral, or state-law-prohibited texts, names, titles, messages, images, topics, and the like.

 

 

3. PRICE AND PAYMENT PROCEDURE

3.1. Within 7 calendar days after creating the Account, the Customer is provided with free access to the full functionality of the LOYALLYST program.

3.2. Starting from the 8th day after creating the Account, the use of the Program is paid.

3.3. Current prices and other terms of use of the Program (tariffs) are posted on the Website https://www.loyallyst.com/en/pricing. LOYALLYST has the right to unilaterally change the terms of the tariff plans.

3.4. No later than the penultimate day of the free period of using the LOYALLYST program, the Customer must choose one of the tariffs offered on the Website https://www.loyallyst.com/en/pricing for the further use of the Program, after which an invoice will be generated.

3.5. The first and subsequent payments for the use of the Program are made on a prepayment basis by cashless payment according to the details specified in the invoice generated in the Account’s Administrative Panel. A link for quick online payment of the invoice is also available in the Account.

3.6. Within 48 hours from the moment of payment, the Customer may refuse to use the Program and have the paid funds refunded. To do this, the Customer must stop using the Program and notify their decision by email to [email protected]. After receiving such notice, the Customer’s Customized Version of the Program will be suspended (and deleted after 30 days), and the funds will be refunded within 5 business days to the same account or bank card from which the payment was made. If the payment was made in cash through a bank branch, the Customer must indicate in their notice the details of their bank account to which the money should be returned. In the case of the Customer creating an Account again to use the Program, such Customer is no longer provided with a free 7-day period of using the Program.

3.7. Seven days before the end of the paid period of using the Program, an invoice for the next period will be generated in the Customer’s Administrative Panel, which must be paid before the start of the next period.

3.8. In case the Customer delays payment of the invoice by more than 7 days, access to the Program will be suspended and will be restored only after payment of the overdue invoice. In such a case, after access to the Program is restored, the Customer will be provided with another 23 days of using the Program until the next payment.

3.9. In case the Customer delays payment of the invoice by more than 30 days, starting from the 31st day the Executor acquires the right, without any notice, to completely delete the Customer’s Customized Version of the Program (including the customer base, information on bonuses, and other data) without the possibility of restoration.

3.10. If before the end of the paid period of using the Program the Customer refuses further use of the Program, the unused balance of prepaid funds is not refundable.

3.11. Payment for access to the Program through third-party resources is made under the terms determined between the Customer and the third-party resource. Any claims of the Customer regarding the crediting or refund of payment for services are resolved between the Customer and the third-party resource.

 

 

4. INTELLECTUAL PROPERTY RIGHTS

4.1. The LOYALLYST Program (its separate components, add-ons and software modules, the Website and its components, as well as logos and design elements, trademarks, texts, graphics, data, articles, information, photos, images, illustrations, source code, etc.) is an object of intellectual property rights. The Executor confirms that they possess the necessary scope of exclusive proprietary rights to the Program and do not infringe the exclusive intellectual property rights of third parties.

4.2. The Executor grants the Customer a non-exclusive, revocable license, without the right to transfer to third parties, to use the Program within the available functionality according to the selected tariff. Such license is valid worldwide for the term of this Agreement, subject to the limitations established by the Agreement and by law.

4.3. Any use by the Customer of intellectual property objects in a manner not provided for by this Agreement is prohibited without the Executor’s prior written permission.

4.4. (1) The use in the Customized Version of the Program of the Customer’s identity (branding) and other information about the Customer’s business, (2) integration of the Program with the Customer’s POS system, (3) the Customer’s use of the Program, and (4) other similar actions and circumstances do not result in the Customer acquiring ownership or other rights (except the right of use) to the Program, its versions, components, etc.

 

 

5. DATA COLLECTION AND USE

5.1. The Customer provides consent to the Executor for the collection, processing, and storage of the Customer’s personal data that have been or will be communicated to the Executor in connection with the Customer’s use of the Program.

5.2. The Customer’s personal data include information about full name/trade name, email address, phone number, postal address, other means of communication, payment details and instruments, information about the Customer’s officers/employees and other similar information, as well as information about the frequency of using the Program, IP address, the most frequently visited pages of the Website, browser type, and any other information regarding the use of the Program.

5.3. In the context of this Agreement, the Customer’s personal data also include information about their clients, consisting of (1) information about clients obtained during integration with the Customer’s POS system, (2) information provided by clients during the registration of such client in the loyalty program (in particular, information about full name, means of communication, date of birth, and other data), and (3) information about the client’s participation in the loyalty program (in particular, frequency and volume of purchases, accrual and redemption of bonuses, etc.). The Customer is obliged to obtain the consent of their clients for the collection and processing of their data.

5.4. The collection, processing, and storage by the Executor of the information specified in the preceding clauses is carried out for the purpose of ensuring the operation of the Customer’s Customized Version of the Program.

5.5. The Executor takes technical and organizational measures to ensure that information is processed in a manner that provides appropriate protection of the information, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

5.6. The Executor has the right to use the data provided by the Customer for analytics and improvement of the Program’s performance. At the same time, the Executor guarantees that, to achieve the stated purpose, only the minimum necessary volume of the Customer’s data will be used.

5.7. The Customer provides consent to the Executor to transfer to a third-party service with which the Customer interacts and with which integration of the Customer’s Customized Version of the Program is envisaged, the Customer’s data to the extent necessary to ensure the correct operation of the Program.

5.8. For marketing purposes, the Executor has the right to place on their Website and on social networks the Customer’s logo and name as their client, and has the right to mention the Customer in articles and posts. In doing so, the Executor may publish only such information about the Customer that is available from open sources.

5.9. The Customer may prohibit the Executor from using their data for marketing purposes as described in the previous clause by sending to the Executor’s email address [email protected] a message of arbitrary content about such prohibition. In this case, the Executor is obliged within 30 days to delete all mentions of the Customer from their Website and from social networks.

5.10. The collected information about the Customer will be stored for the entire term of this Agreement and for at least 30 days from the date of its termination. Starting from the 31st day after termination of the Agreement, the Executor may delete all information about the Customer at any time. In any case, such information will be deleted no later than 6 months from the date of termination of the Agreement, without the possibility of restoration.

 

 

6. TERM OF THE AGREEMENT

6.1. The Agreement enters into force from the moment of its conclusion, which occurs when the Customer performs one of the actions specified in Section 2 of this Agreement.

6.2. The Agreement terminates if it is ended by mutual consent of the Parties or in the event of a unilateral refusal by one of the Parties to the Agreement.

6.3. The fact that the Customer makes a prepayment for access to the Program for a new term constitutes confirmation of the validity of the Agreement between the Parties and the extension of its term.

6.4. The Customer may refuse this Agreement at any time by notifying the Executor by sending an electronic message of arbitrary content to the email address [email protected]. The date of termination of the Agreement shall be deemed to be the date indicated by the Customer in the message as the desired termination date. In this case, the Customer is not refunded the unused portion of the prepayment. If the Customer has not indicated the desired termination date, the date of termination of the Agreement shall be deemed to be either (1) the last day for which services under this Agreement have been prepaid, or (2) if there are no unused paid days, the date the Customer sends the message to the email address.

6.5. A delay by the Customer of more than 30 days in paying for the use of the Program may be regarded by the Executor as the Customer’s unilateral refusal of the Agreement. Starting from the 31st day of non-payment by the Customer for services, the Executor may state that the Agreement is terminated without any additional notice to the Customer about the termination of the Agreement.

6.6. The Executor may refuse this Agreement at any time by giving prior notice to the Customer at least 30 days before the planned termination of the Agreement by sending a notice to the email address specified in the Account, indicating the date of termination of the Agreement, which shall be the date access to the Program is terminated.

6.7. Upon the expiration of 30 calendar days from the moment of termination of the Agreement, starting from the 31st day, the Executor has the right to delete/destroy the Customized Version of the Program and all information about the Customer stored in the Executor’s cloud storage.

6.8. The Customer confirms their awareness that deleted/destroyed information cannot be restored, and therefore the Customer must independently ensure the preservation of information important to them before its deletion. The Customer may not present claims to the Executor regarding the deletion/destruction of information if such occurred on the terms and within the timeframes established by the Agreement.

6.9. The Executor may, without prior notice, terminate this Agreement and delete the Customized Version of the Program and all information about the Customer without compensation for incurred losses and without refunding the prepaid amount if the Executor receives information that:

  • the Customer is engaged in activities prohibited by the laws of the state,
  • under the laws of the state the Customer’s activity constitutes a crime or is aimed at concealing a crime,
  • the Customer conducts their activity in territories under international sanctions and in temporarily occupied territories; even if the Customer did not use the Program to conduct business activities in these territories,
  • the Customer or persons related to them are included in sanctions lists, or cooperation with them may be recognized as direct or indirect financing of terrorism,
  • during registration on the Website or when creating an Account through third-party resources, the Customer provided false information about themselves that caused harm to third parties (in particular, but not limited to, presenting themselves as another person/entity without authority from such person/entity; using another person’s intellectual property without permission, etc.),
  • the Customer performs actions that are directly prohibited by this Agreement.

 

 

7. AMENDMENT OF TERMS

7.1. The Executor has the right to update and change the terms of this Agreement at any time without additional notice of such changes. The most recent version of the Agreement is published on the Website in place of the previous version. When the Executor publishes an amended version of the Agreement, the date indicated before the beginning of the text in the Public Offer is updated.

7.2. The Executor has the right to update and change the terms and cost of tariff plans by publishing the amended information on the Website.

7.3. The Executor additionally notifies the Customer of changes in functionality and the cost of tariff plans by sending a message to the Customer’s email address specified in the Account.

7.4. Changes to functionality and the cost of tariff plans that provide for an increase in cost or a reduction of functions take effect for the Customer from the date specified in the notice, but not earlier than 10 days after the Executor sends the electronic notice. Reductions in cost or increases in functions take effect for the Customer from the date specified in the notice or immediately if such date is not specified.

7.5. If the Customer disagrees with the changes, they may refuse the Agreement in the manner established in Section 6, indicating disagreement with the new terms as the reason. In such a case, within 5 days from the date of termination of the Agreement, the Customer shall be refunded the prepaid but unused funds for the use of the Program.

 

 

8. LIABILITY OF THE PARTIES

8.1. The Parties shall be liable for non-performance or improper performance of obligations under the Agreement in accordance with the legislation of Ukraine.

8.2. This Agreement does not provide for monetary sanctions for the Parties for violations of the terms of the Agreement.

8.3. The Customer is solely responsible for the accuracy of the information specified in the Program about themselves and the business for which the Program is used, and for the activities they carry out using the Program.

8.4. The Executor is not liable for the Customer’s activities or any actions.

8.5. The Customer confirms their awareness that interruptions or errors in the operation of the Program may occur, which the Executor will correct as soon as possible. Such interruptions and errors, if the time required to correct them does not exceed 48 hours, do not constitute a breach of the Agreement by the Executor.

8.6. The Executor is not liable for malfunctions in the operation of the Program caused by external factors (in particular, due to interruptions in the Internet network, malfunctions of third-party services used by the Customer and integrated with the Program, malfunctions of the Customer’s equipment, etc.).

8.7. The Executor is not liable for malfunctions in the operation of the Program that arose due to the Customer’s use of the Program or equipment contrary to the Executor’s recommendations or advice.

8.8. The Customer confirms their awareness that they must make sufficient efforts to preserve their data and must not disclose access parameters to their Account to third parties.

8.9. The Executor is not liable for the loss of the Customer’s data if this occurred due to the Customer granting third parties access to their Account.

 

 

9. SIGNING OF DOCUMENTS AND DISPUTE RESOLUTION

9.1. If it is necessary for the Parties to sign documents to fulfill the terms of this Agreement, the Parties shall sign such documents through the “Vchasno EDO” electronic document management system (https://vchasno.ua/) using an electronic signature. The date of signing an electronic document shall be deemed the date indicated as a requisite of the document, regardless of the actual date the electronic signatures are affixed.

9.2. Any disputed issues arising in connection with the performance of this Agreement shall be resolved by the Parties through negotiations. Pre-trial settlement of the dispute through negotiations is mandatory.

9.3. If no agreement is reached, the Parties shall resolve the dispute in court at the registered location of the Executor, which, within the meaning of Part 5 of Article 29 of the Commercial Procedural Code of Ukraine, is the place of performance of the Agreement.

 

 

10. CONTACT INFORMATION

10.1. To communicate with the Customer, the Executor uses the contact details specified by the Customer in the Account.

10.2. The Executor has the right to call, send letters and messages to the Customer both on issues related to the operation of the Program and on issues of advertising other products and services of the Executor or its partners.

10.3. The Executor provides information and technical support on business days from 10:00 to 19:00 Kyiv time. Requests received after the specified time or on weekends will be considered on the next business day.

10.4. To contact the Executor on any issues, the Customer may use the following methods: