Business Terms of Service

1. Parties and Definitions

"LoyalTrak" means the visit pass and loyalty management platform operated by Point5 LLC, an Ohio limited liability company ("Point5," "we," "us," or "our").

"Business" or "you" means the entity or individual who creates a LoyalTrak account to sell prepaid visit passes to their customers.

"Customer" means a consumer who purchases a visit pass from a Business through the LoyalTrak platform.

"Pass" means a prepaid service agreement for specific services offered by a Business, sold to a Customer through LoyalTrak. Passes represent a contractual commitment by the Business to provide services — they are not gift cards, stored value instruments, cash equivalents, or negotiable instruments of any kind. Passes are time-limited and any unused credits are forfeited upon expiration.

"Services" means the LoyalTrak software platform, including pass creation, online storefront, redemption tracking, and associated features.

2. Platform Relationship — LoyalTrak is Not a Party to Your Sales

• LoyalTrak provides software tools that allow you to create, sell, and track visit passes. We do not provide the underlying service (classes, sessions, appointments, etc.) that passes represent.
• LoyalTrak is not the merchant of record for any pass sale. Payments are processed directly between you and your Customers via Stripe Connect. LoyalTrak never holds, controls, or takes custody of funds from pass sales.
• You are solely and exclusively responsible for honoring all passes sold through the platform, including after any account cancellation, suspension, or termination.
• LoyalTrak has no ability to issue refunds to your Customers. Refunds are solely your responsibility and must be handled through your Stripe account.

3. Account Registration and Eligibility

To create a LoyalTrak account, you must:

• Be at least 18 years of age or the legal age of majority in your jurisdiction
• Be authorized to enter into binding contracts on behalf of your business
• Provide accurate and complete registration information
• Complete Stripe Connect onboarding and maintain a valid, active Stripe account in good standing

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Notify us immediately at support@loyaltrak.com if you suspect unauthorized access.

4. Subscription Plans and Fees

4.1 Plan Selection

LoyalTrak offers the following subscription plans. Current pricing is displayed at loyaltrak.com and may be updated with notice as described in Section 13.

• Starter Plan — Monthly or annual subscription; limited to 3 active pass types
• Pro Plan — Monthly or annual subscription; unlimited pass types, custom branding, full reporting
• LoyalPak — One-time payment; 90-day active sell window; unlimited redemptions thereafter; up to 3 pass types

4.2 Billing

Monthly subscriptions are billed in advance on a recurring monthly basis. Annual subscriptions are billed in advance for a full year. Your subscription will automatically renew unless you cancel before the renewal date. One-time payments (LoyalPak) are non-recurring.

4.3 LoyalTrak Fees and Pass Revenue

4.4 Failed Payments

• New pass sales on your storefront will be disabled within 3 days of a failed payment
• Existing Customer pass balances will remain visible for 30 days
• Your account may be suspended after 14 days of non-payment
• Your account may be permanently deleted after 30 days of non-payment, following the data retention process described in Section 9

5. Stripe Connect and Payment Processing

LoyalTrak uses Stripe Connect to facilitate payment processing. By creating a LoyalTrak account, you agree to the Stripe Connected Account Agreement.

• Stripe, not LoyalTrak, is the payment processor for all pass sales
• LoyalTrak is not responsible for Stripe outages, payment failures, disputes, or chargebacks
• You are responsible for maintaining your Stripe account in good standing
• Chargebacks and disputes are handled between you and Stripe; LoyalTrak has no authority or obligation to intervene
• LoyalTrak does not store payment card information; all payment data is managed by Stripe

6. Your Responsibilities as a Business

6.1 Pass Fulfillment

• Honor all passes sold to your Customers for the services and terms advertised at the time of sale
• Set accurate pass descriptions, validity periods, and restrictions before publishing
• Notify your Customers of any material changes to pass terms or service availability

6.2 Refund Policy

Because all pass revenue flows directly to your Stripe account, only you can issue refunds. You must establish and communicate a clear refund policy to your Customers and process legitimate refund requests through your Stripe dashboard.

6.3 Compliance

You are responsible for complying with all applicable federal, state, and local laws, including but not limited to: consumer protection laws; tax obligations; data privacy laws; and any laws governing prepaid service agreements, prepaid service contracts, gift cards, stored value instruments, or unclaimed property (escheatment) in the states where you operate. It is your responsibility — not LoyalTrak's — to determine what laws apply to your business and your pass offerings. Point5 LLC makes no representation that LoyalTrak satisfies the requirements of any particular law applicable to your business, and we are not responsible for your compliance or non-compliance with any such law.

6.4 Prohibited Uses

• Selling passes for services you do not intend or are unable to deliver
• Engaging in fraudulent, deceptive, or misleading conduct toward Customers
• Violating any applicable law or regulation
• Interfering with the operation of the platform or other users

7. Nature of Passes — Not Stored Value

• All pass types must have a defined validity period (either a number of days from purchase or a fixed expiration date). Passes without an expiration date cannot be created on the platform.
• Unused credits are forfeited upon pass expiration. Passes are not redeemable for cash value.
• Passes represent a Business's commitment to provide specific services within the validity period. They do not represent a stored monetary value or obligation to pay cash.
• Businesses are responsible for ensuring that their pass terms comply with applicable state laws in their jurisdiction, including any laws regarding prepaid service contracts.
• LoyalTrak does not represent that passes are exempt from any particular state's stored-value, gift card, or escheatment laws. Businesses should consult legal counsel regarding compliance obligations in their jurisdiction.
• Businesses are solely responsible for determining whether state or local laws in their jurisdiction — including laws governing prepaid service contracts, consumer protection, and unclaimed property — apply to the passes they sell through LoyalTrak. LoyalTrak makes no determination of legal compliance on your behalf. Businesses with questions about their obligations should consult qualified legal counsel in their jurisdiction.

8. Customer Data Ownership and Handling

Customer data collected through LoyalTrak on your behalf belongs to your business, not to Point5 LLC. We will not sell or share your Customers' personal data with third parties for marketing purposes. You are the data controller for your Customers' personal information and are responsible for complying with applicable privacy laws.

9. Intellectual Property

LoyalTrak and all associated software, design, trademarks, and content are the property of Point5 LLC. You retain ownership of your business data, pass configurations, and Customer data. You grant Point5 LLC a limited license to use this data solely to provide the Services.

10. Account Cancellation and Data Retention

9.1 Cancellation by You

You may cancel your subscription at any time by contacting support@loyaltrak.com. Cancellation takes effect at the end of your current billing period. Upon cancellation:

• New pass sales will be disabled immediately on your shop page
• Access to your admin dashboard will be suspended at the end of your current billing period
• Customers with existing pass balances will be notified via email
• You may export your data in CSV format before your billing period ends
• Account data is retained indefinitely after cancellation — this ensures customers with unredeemed pass balances can continue to redeem their visits. LoyalTrak will not delete your account data as long as any customer holds an unredeemed pass balance.
• The pass redemption interface will remain accessible to your customers for the duration of any active pass, regardless of your subscription status

9.2 Non-Payment

If a subscription payment fails, Stripe will automatically retry the payment. If payment cannot be collected after all retries:

• New pass sales on your shop page will be disabled
• Admin dashboard access will be suspended
• Account data will be retained indefinitely — customer pass balances are preserved and the redemption interface remains accessible
• Access can be restored at any time by updating your payment method and settling any outstanding balance

Account data will never be automatically deleted due to non-payment. Permanent deletion is a manual process only — see Section 9.1.

9.3 Suspension by LoyalTrak

Point5 LLC may suspend or terminate your account for Terms violations or conduct harmful to LoyalTrak, other users, or your Customers. We will provide reasonable notice except in cases of serious violations. Data retention policies in Section 9.1 apply.

11. Disclaimers of Warranties

THE LOYALTRAK PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. POINT5 LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. POINT5 LLC DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12. Limitation of Liability

POINT5 LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA. IN PARTICULAR, POINT5 LLC IS NOT LIABLE FOR: ANY FAILURE BY YOU TO HONOR PASSES SOLD TO YOUR CUSTOMERS; CUSTOMER DISPUTES OR CHARGEBACKS; REVENUE LOST DUE TO PLATFORM DOWNTIME; OR ACTIONS OF STRIPE OR OTHER THIRD-PARTY PROVIDERS.

13. Indemnification

You agree to indemnify, defend, and hold harmless Point5 LLC and its members, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: your use of LoyalTrak; your failure to honor passes sold to your Customers; your violation of these Terms; your violation of any applicable law; or any dispute between you and your Customers.

14. Changes to These Terms

Point5 LLC may update these Terms from time to time. We will notify you of material changes by email at least 14 days before they take effect. Your continued use of LoyalTrak after the effective date constitutes acceptance of the updated Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Ohio. Any dispute shall be subject to the exclusive jurisdiction of the state and federal courts located in Cuyahoga County, Ohio. Before initiating legal proceedings, you agree to contact us at support@loyaltrak.com to attempt informal resolution.

16. General Provisions

Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Point5 LLC regarding LoyalTrak.

Severability. If any provision is found unenforceable, the remaining provisions continue in full force.

No Waiver. Failure to enforce any provision does not waive our right to enforce it in the future.

Assignment. You may not assign your rights under these Terms without our written consent.

17. Contact Information

Point5 LLC operating as LoyalTrak
Cleveland, Ohio
Email: support@loyaltrak.com
Website: loyaltrak.com