This Acceptable Use Policy ("AUP") describes what you may and may not do when using the LoyalTrak platform. This policy applies to all business customers and supplements our Business Terms of Service.
Permitted Use
LoyalTrak is designed for legitimate small businesses to:
- Sell prepaid passes, class packs, and paid memberships to their customers
- Offer free digital punch cards, free memberships, and free promotions
- Track customer passes, visits, rewards, and redemptions
- Communicate with customers about their passes and the business, in compliance with applicable law
Examples of permitted business types: coffee shops, restaurants, bakeries, car washes, salons, barbershops, fitness and yoga studios, swim schools, martial arts schools, tutoring centers, music schools, massage practices, breweries, wineries, golf courses, and similar local businesses.
Prohibited Uses
Fraudulent or Deceptive Conduct
- Selling or offering passes for services or rewards you do not intend to deliver or that do not exist
- Misrepresenting the terms, value, reward, or conditions of a pass to customers
- Describing, advertising, or selling passes as gift cards, gift certificates, store credit, stored value, or cash equivalents
- Operating a fraudulent business or scheme through the platform
- Impersonating another business or individual
Harmful or Illegal Activity
- Using LoyalTrak for any illegal purpose or in violation of any applicable law
- Selling or offering passes for products or services that are illegal where you operate, or that are prohibited by Stripe's restricted business list
- Offering alcohol-related rewards or promotions that are not permitted where you operate
- Operating without a license, permit, or registration your business is required to hold
- Money laundering, fraud, or other financial crimes
- Collecting or processing customer data in violation of applicable privacy laws
Platform Abuse
- Attempting to access systems, data, or accounts you are not authorized to access
- Interfering with the operation of LoyalTrak or other users' accounts
- Using automated scripts or bots to access or interact with the platform in unauthorized ways
- Attempting to reverse-engineer, copy, or replicate the LoyalTrak platform
- Reselling or sublicensing access to LoyalTrak to third parties
Professional Services
- Using LoyalTrak to sell services requiring professional licenses (medical, legal, therapeutic, cosmetology, childcare, etc.) unless you hold all required licenses in your jurisdiction
- Misrepresenting the nature, qualifications, or credentials of services offered through your pass listings
Customer Harm
- Failing to honor passes or earned rewards as described
- Closing your business or ceasing operations without following the Business Closure Obligations below
- Using customer data collected through LoyalTrak for purposes unrelated to your business
- Selling, renting, trading, or sharing customer email addresses, phone numbers, or other customer data, except with service providers that act only on your behalf (such as your email marketing provider)
- Sending email that does not comply with the CAN-SPAM Act or other applicable email laws, or emailing offers to customers who have unsubscribed
- Sending marketing text messages or autodialed or prerecorded calls to customers without the consent required by the Telephone Consumer Protection Act and other applicable laws
- Entering a person's contact information into LoyalTrak without their permission
Business Closure Obligations
If you close your business, transfer ownership, or cease offering the services represented by your passes, you must:
- Notify all customers who hold unused passes or earned rewards by email within 7 days of the decision to close
- Either honor those passes through a successor arrangement, or issue full refunds for unused paid visits and a prorated refund for the unused portion of any paid membership through your Stripe account
- Honor every reward a customer has already earned, before closing or through the successor arrangement
- Stop selling, offering, or issuing new passes once the decision to close has been made
- Notify LoyalTrak at support@loyaltrak.com so we can assist with customer notifications
Failure to fulfill these obligations is a material breach of this Policy and our Terms of Service, and may result in immediate account termination and referral to appropriate consumer protection authorities.
Consequences of Violation
If Point5 LLC determines that you have violated this Acceptable Use Policy, we may take the following actions depending on the severity and nature of the violation:
- Issue a warning and require you to remedy the violation
- Temporarily suspend new pass sales and sign-ups on your shop page
- Suspend your account pending investigation
- Permanently terminate your account; fees are not refunded for accounts terminated for violations, except where required by law
- Notify customers who hold unused passes, where we believe it is necessary to protect them
- Report violations to appropriate authorities where required by law
We will generally provide notice before taking action except in cases of severe violations or where notice would cause harm.
Reporting Violations
If you believe another LoyalTrak user is violating this policy, or if you are a consumer who has experienced harm from a LoyalTrak-powered business, please contact us at support@loyaltrak.com with details of the suspected violation.
Changes to This Policy
We may update this Acceptable Use Policy from time to time. Material changes will be communicated to business customers via email with at least 14 days' notice.
Contact
Point5 LLC operating as LoyalTrak
Cleveland, Ohio
Email: support@loyaltrak.com