LoyalShops, LLC – Terms of Service

Effective Date: Feb 19th 2026
These Terms of Service (“Terms”) govern access to and use of LoyalShops services, including but not limited to LoyalShops Loyalty Rewards, LoyalShops Live Assistant, LoyalShops Live Assistant Pro, Texting Services, Email Services, ReplySOLD, Comment Catcher, Landing Pages and related tools (collectively, the “Services”) provided by LoyalShops, LLC (“LoyalShops,” “Company,” “we,” “us,” or “our”).
By accessing or using the Services, you (“Retailer,” “you,” or “your”) agree to be bound by these Terms.
If you do not agree, you may not use the Services.

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1. Eligibility & Account Responsibility

You represent and warrant that:

• You are at least 18 years of age.
• You are legally authorized to bind the business registering for Services.
• All information provided is accurate and complete.

You are responsible for:

• Maintaining account confidentiality
• All activity occurring under your account
• Immediately notifying LoyalShops of unauthorized access

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2. Data Processing Relationship

Retailer acknowledges that:

• LoyalShops acts as a technology service provider and data processor.
• Retailer is the data controller and legal sender of all communications.
• Retailer is solely responsible for lawful collection and use of customer data.

LoyalShops processes customer data solely at Retailer’s direction.

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3. Messaging Services (SMS & MMS)

3.1 Retailer Responsibility

Retailer is solely responsible for:

• Obtaining valid express consent before sending SMS messages.
• Complying with TCPA, CTIA guidelines, carrier rules, and applicable law.
• Ensuring opt-in disclosures include:
  • Recurring messages notice
  • “Msg & Data Rates May Apply”
  • STOP and HELP instructions

LoyalShops does not assume responsibility for Retailer compliance.

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3.2 Telecommunications Registration

Retailer must provide accurate business registration information, including:

• Legal business name
• Business type
• Employer Identification Number (EIN)

Failure to provide accurate information may result in suspension or carrier blocking.
LoyalShops may suspend messaging services if required by carriers or regulators.

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3.3 Consent Records

Retailer acknowledges that LoyalShops may retain:

• Opt-in timestamps
• IP address data
• Messaging logs
• Opt-out records

Such records may be disclosed to carriers or legal authorities if required.

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3.4 Carrier Limitations

Message delivery is subject to:

• Carrier filtering
• Spam blocking
• Third-party provider interruptions

LoyalShops does not guarantee delivery.

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4. Email Services

Retailer is solely responsible for compliance with:

• CAN-SPAM Act
• State and federal email marketing laws

Retailer must:

• Include accurate sender identification
• Include unsubscribe mechanism
• Honor opt-outs

LoyalShops may monitor sending health and suspend accounts with excessive abuse complaints.

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5. Prohibited Content & Industries

Retailer may not use Services for:

• Gambling, lotteries, sweepstakes with monetary prizes
• Cannabis, Marijuana, CBD, THC, tobacco, vaping products
• Weapons or explosives
• Adult content
• Payday loans or high-risk financial schemes
• Illegal or regulated goods or substances
• Age-restricted goods without proper and verified compliance
• Phishing, fraud, or spam
• Any activity illegal in target jurisdictions

LoyalShops reserves sole discretion in determining prohibited use and may suspend accounts at its sole discretion.

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6. Subscription & Billing

Subscriptions renew automatically unless canceled.
Retailer authorizes LoyalShops to charge all fees incurred.
Failure to pay may result in:

• Suspension
• Termination
• Deletion of stored data after 60 days

Fees may be modified with prior notice.
All fees are non-refundable unless required by law.
SMS and MMS messaging services are subject to carrier-imposed fees that are incurred by LoyalShops on a per-message basis at the time messages are transmitted.
Because telecommunications carriers require LoyalShops to pay usage fees on a daily basis, Retailer acknowledges and agrees that messaging charges may accrue in real time and may be invoiced and/or charged to Retailer’s payment method multiple times within a billing cycle.
Retailer authorizes LoyalShops to:

• Charge usage-based messaging fees as they are incurred,
• Process interim charges prior to the end of a monthly billing cycle,
• Suspend messaging services if accrued usage charges remain unpaid.

Messaging usage charges are non-refundable once messages have been transmitted to carrier networks.
LoyalShops reserves the right to implement usage caps, require prepaid balances, or require additional deposits if messaging volume materially exceeds normal account activity.
LoyalShops may require prepaid messaging balances or adjust billing frequency for accounts exhibiting high-volume usage, or increased carrier risk.

Payment Failures & Credit Risk

Retailer acknowledges that SMS and MMS messaging services result in immediate carrier charges incurred by LoyalShops at the time messages are transmitted.
If a payment method on file is declined, locked, insufficient, or otherwise fails, LoyalShops may:

• Immediately suspend messaging services;
• Retry charges at its discretion;
• Require updated payment information;
• Require prepaid messaging balances or deposits;
• Increase billing frequency to mitigate credit exposure.

Repeated payment failures, declined charges, or intentional disabling of payment methods to delay payment constitute a material breach of these Terms and may result in immediate suspension or permanent termination of Services.
LoyalShops is not obligated to continue extending messaging services when accrued usage charges remain unpaid.
Retailer remains responsible for all charges incurred prior to suspension.

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7. Acceptable Use & Abuse Monitoring

LoyalShops reserves the right to monitor:

• Email abuse rates
• Spam complaints
• Carrier violations

Excessive abuse may result in immediate suspension.
Subscribing to multiple accounts to bypass volume limits is prohibited.

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8. Intellectual Property

All platform software, systems, branding, and proprietary functionality remain the exclusive property of LoyalShops.
Retailer retains ownership of their own uploaded content.
Retailer grants LoyalShops a limited license to process such content for service delivery.

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9. Suspension & Termination

LoyalShops may suspend or terminate Services immediately if:

• Messaging violations occur
• Carrier action requires suspension
• Fraud or abuse is detected
• Required registration information is inaccurate

Termination does not relieve Retailer of payment obligations.

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10. Indemnification

Retailer agrees to defend, indemnify, and hold harmless LoyalShops from any claims arising out of:

• Alleged TCPA violations
• Unlawful SMS or email marketing
• Improper consent collection
• Spam complaints
• Carrier penalties
• Regulatory fines
• Content posted or transmitted by Retailer

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11. Limitation of Liability

To the maximum extent permitted by law:
LoyalShops shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
Total liability shall not exceed the total amount paid by Retailer in the preceding 3 months.

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12. Disclaimer of Warranties

Services are provided “AS IS” and “AS AVAILABLE.”
LoyalShops makes no warranties regarding:

• Delivery rates
• Carrier approval
• Platform uptime
• Specific business results

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13. Arbitration & Class Action Waiver

13.1 Binding Arbitration

Any dispute arising out of or relating to these Terms shall be resolved exclusively by binding arbitration in California under the rules of the American Arbitration Association.

13.2 Class Action Waiver

Retailer agrees to resolve disputes individually and waives the right to participate in class actions.

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14. Governing Law

These Terms are governed by the laws of the State of California.

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15. Changes to This Policy

LoyalShops may update these Terms & Conditions at any time. Updates will be posted on this page with a revised effective date. Continued use constitutes acceptance.

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16. Contact Information

If you have questions about these Terms & Conditions, contact:
LoyalShops
support@loyalshops.com
www.loyalshops.com