Terms of Use
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you and Joy Loyalty Pte. Ltd., a company incorporated in Singapore ("Joy," "we," "us," or "our") governing your access to and use of our loyalty program platform, services, and related offerings.
1. ACCEPTANCE AND SCOPE
1.1 Agreement to Terms
By accessing, using, or registering for our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our services.
1.2 Definitions
- "Services" means Joy's loyalty program platform, software applications, websites, APIs, and all related services and features
- "Platform" means the Joy.so software application and associated infrastructure
- "Merchants" means businesses or individuals who use our Services to operate loyalty reward programs
- "Customers" means end users who participate in Merchants' loyalty programs through our Platform
- "Users" means all individuals using our Services, including Merchants, Customers, and their authorized representatives
- "Account" means your registered user account with Joy
- "Content" means all data, text, images, audio, video, and other materials uploaded to or processed through our Services
1.3 Eligibility
You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
1.4 Entity Users
If you are using our Services on behalf of a company or other legal entity:
- You represent that you have the authority to bind that entity to these Terms
- References to "you" include both you individually and the entity you represent
- You are responsible for ensuring all users associated with your account comply with these Terms
2. SERVICES DESCRIPTION
2.1 Platform Overview
Joy provides a comprehensive loyalty program platform that enables Merchants to:
- Create and manage customer loyalty programs
- Track customer engagement and rewards
- Process point accumulation and redemptions
- Integrate with e-commerce platforms and third-party services
- Access analytics and reporting tools
2.2 Service Availability
Our Services are provided on a subscription basis with various plan options. We offer both free and paid service tiers, each with specific features and limitations as described in your subscription plan.
2.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We will make reasonable efforts to notify you of material changes that affect your use of the Services.
2.4 Beta Features
We may offer experimental or beta features that are clearly identified as such. These features are provided "as is" and may be modified or discontinued without notice.
3. ACCOUNT REGISTRATION AND SECURITY
3.1 Account Creation
To access our Services, you must create an account by providing accurate and complete information, including:
- Valid email address
- Secure password
- Business information (for Merchants)
- Payment information (for paid plans)
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized access or security breaches
- Using strong passwords and enabling available security features
3.3 Account Information
You must keep your account information accurate, current, and complete. You agree to promptly update any changes to your contact information, payment details, or other account data.
3.4 Prohibited Accounts
You may not create accounts using:
- False or misleading information
- Another person's identity without permission
- Automated means or bulk registration processes
- Information that violates third-party rights
4. SUBSCRIPTION PLANS AND BILLING
4.1 Subscription Plans
Access to premium features requires a paid subscription plan. Each plan includes specific features, usage limits, and pricing as detailed on our website or in your subscription agreement.
4.2 Billing and Payment
- Payment Terms: Subscription fees are billed in advance according to your selected billing cycle
- Payment Methods: We accept payment via credit card, debit card, and other methods as available
- Currency: Fees are charged in USD unless otherwise specified
- Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date
4.3 Fee Changes
We may modify subscription fees with at least 30 days' advance notice. Price changes will take effect at your next billing cycle. Continued use of the Services after a price change constitutes acceptance of the new rates.
4.4 Taxes
You are responsible for all applicable taxes, including sales tax, VAT, and other governmental charges related to your use of the Services. If we are required to collect taxes, they will be added to your invoice.
4.5 Usage Limits and Overage
Your subscription plan includes specific usage limits. If you exceed these limits:
- We may charge additional fees according to our published overage rates
- We may temporarily restrict access to certain features
- We may require you to upgrade to a higher-tier plan
4.6 Refunds and Cancellation
- No Refunds: Subscription fees are non-refundable except as required by law
- Cancellation: You may cancel your subscription at any time through your account settings
- Effect of Cancellation: Access to paid features will terminate at the end of your current billing period
5. ACCEPTABLE USE AND RESTRICTIONS
5.1 Permitted Use
You may use our Services only for lawful purposes and in accordance with these Terms. Permitted uses include operating legitimate loyalty programs and managing customer relationships.
5.2 Prohibited Activities
You may not use our Services to:
- Violate any applicable laws, regulations, or third-party rights
- Upload or transmit malicious code, viruses, or harmful software
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the operation of our Services
- Use our Services to spam, harass, or harm others
- Reverse engineer, decompile, or attempt to extract source code
- Resell, redistribute, or sublicense our Services
- Create derivative works based on our Services
- Use our Services for illegal gambling, money laundering, or fraud
5.3 Content Restrictions
You may not upload or transmit Content that:
- Infringes intellectual property rights
- Contains hate speech, discrimination, or harassment
- Promotes violence or illegal activities
- Includes personal information without consent
- Violates privacy or publicity rights
- Contains explicit or inappropriate material
5.4 Compliance Monitoring
We reserve the right to monitor your use of the Services to ensure compliance with these Terms. We may investigate suspected violations and take appropriate action, including account suspension or termination.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Joy's Intellectual Property
The Services, including all software, designs, text, graphics, logos, and other materials, are owned by Joy and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Services during your subscription term.
6.2 Trademark License
Subject to these Terms, we grant you a limited license to use our trademarks and logos solely to indicate your use of our Services. This license terminates when your subscription ends or if you violate these Terms.
6.3 User Content Ownership
You retain ownership of all Content you upload to our Platform. However, by uploading Content, you grant Joy a worldwide, royalty-free, non-exclusive license to:
- Host, store, and process your Content
- Display Content to authorized users
- Create backups and ensure service continuity
- Analyze Content for service improvement (in anonymized form)
6.4 Feedback and Suggestions
If you provide feedback, suggestions, or ideas about our Services, you grant Joy the right to use such feedback without restriction or compensation.
6.5 Copyright Infringement
We respect intellectual property rights and will respond to valid copyright infringement claims in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA).
7. PRIVACY AND DATA PROTECTION
7.1 Privacy Policy
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
7.2 Data Processing Roles
- For Merchant Data: We act as a data processor, processing customer data on behalf of Merchants according to their instructions
- For Direct Users: We act as a data controller for information we collect directly from users
7.3 Merchant Responsibilities
As a Merchant, you represent and warrant that:
- You have lawful authority to share customer data with Joy
- You have obtained necessary consents and provided required privacy notices
- Your privacy practices comply with applicable data protection laws
- You will not upload sensitive personal data without our prior consent
7.4 Data Security
We implement appropriate technical and organizational measures to protect personal data, including encryption, access controls, and security monitoring.
7.5 Data Retention and Deletion
We retain data only as long as necessary for service provision and legal compliance. Upon account termination, we will delete or return your data according to our data retention policies and your instructions.
8. THIRD-PARTY INTEGRATIONS
8.1 Third-Party Services
Our Platform may integrate with third-party services, applications, or platforms ("Third-Party Services"). These integrations are provided for your convenience but are not under our control.
8.2 Third-Party Terms
Your use of Third-Party Services is subject to their respective terms of service and privacy policies. We encourage you to review these documents carefully.
8.3 No Responsibility for Third Parties
We are not responsible for:
- The availability, functionality, or security of Third-Party Services
- Any data shared with or processed by third parties
- Any disputes between you and third-party providers
- Any changes or discontinuation of third-party integrations
8.4 Data Sharing Authorization
By using Third-Party Services through our Platform, you authorize us to share relevant data with these services as necessary for integration functionality.
9. SERVICE AVAILABILITY AND SUPPORT
9.1 Service Uptime
While we strive to maintain high service availability, we do not guarantee uninterrupted access to our Services. Planned maintenance will be announced in advance when possible.
9.2 Support Services
We provide customer support through various channels, including email and in-app messaging. Support availability and response times may vary based on your subscription plan.
9.3 Service Limitations
Our Services may have technical limitations, including:
- Storage capacity restrictions
- Processing speed limitations
- Concurrent user limits
- API rate limits
10. DISCLAIMERS AND WARRANTIES
10.1 Service Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 No Guarantee of Results
We do not guarantee that our Services will meet your specific requirements, operate error-free, or achieve particular business outcomes.
10.3 Third-Party Disclaimer
We disclaim all responsibility for third-party content, services, or integrations available through our Platform.
10.4 Legal Compliance
You are solely responsible for ensuring your use of the Services complies with applicable laws and regulations in your jurisdiction.
11. INDEMNIFICATION
11.1 Your Indemnification Obligations
You agree to defend, indemnify, and hold harmless Joy, its affiliates, officers, directors, employees, and agents from and against all claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from or relating to:
- Your use of the Services
- Your violation of these Terms
- Your violation of applicable laws or regulations
- Content you upload or transmit through the Services
- Your loyalty program operations and customer relationships
- Claims by your customers or third parties related to your use of the Services
11.2 Indemnification Process
We will promptly notify you of any claim subject to indemnification and will cooperate with you in the defense of such claims. We reserve the right to participate in the defense with counsel of our choice at our own expense.
12. LIMITATION OF LIABILITY
12.1 Liability Limitations
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JOY'S TOTAL LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:
- $100 USD; OR
- THE TOTAL AMOUNTS PAID BY YOU TO JOY IN THE 12 MONTHS PRECEDING THE CLAIM
12.2 Excluded Damages
IN NO EVENT SHALL JOY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
- LOSS OF DATA OR INFORMATION
- BUSINESS INTERRUPTION OR DOWNTIME
- COST OF SUBSTITUTE SERVICES
- LOSS OF GOODWILL OR REPUTATION
12.3 Exceptions
These limitations do not apply to:
- Gross negligence or willful misconduct by Joy
- Violations of intellectual property rights
- Claims covered by indemnification obligations
- Liability that cannot be excluded under applicable law
13. TERMINATION
13.1 Termination by You
You may terminate your account at any time by:
- Cancelling your subscription through account settings
- Providing written notice to our support team
- Following the cancellation procedures in your subscription plan
13.2 Termination by Joy
We may suspend or terminate your account immediately if:
- You violate these Terms or our policies
- You fail to pay required fees
- Your account remains inactive for an extended period
- We determine termination is necessary to protect our interests or other users
13.3 Effect of Termination
Upon termination:
- Your access to the Services will be immediately revoked
- All data processing will cease
- We may delete your data according to our retention policies
- You remain liable for all fees incurred before termination
- Provisions that should survive termination will remain in effect
13.4 Data Export
Before termination, you may export your data using available export tools. After termination, we are not obligated to provide access to your data.
14. DISPUTE RESOLUTION
14.1 Governing Law
These Terms are governed by the laws of Singapore, without regard to conflict of law principles.
14.2 Jurisdiction
Any disputes arising from these Terms or the Services shall be resolved exclusively in the courts of Singapore, and you consent to the personal jurisdiction of such courts.
14.3 Arbitration
For disputes involving claims under $10,000 USD, either party may elect binding arbitration administered by the Singapore International Arbitration Centre (SIAC) under its expedited procedure rules.
14.4 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of any class, consolidated, or representative action.
15. GENERAL PROVISIONS
15.1 Entire Agreement
These Terms, together with our Privacy Policy and Data Processing Addendum, constitute the entire agreement between you and Joy regarding the Services and supersede all prior agreements and understandings.
15.2 Amendment
We may modify these Terms at any time by posting updated terms on our website. Material changes will be communicated through email or in-app notifications. Continued use of the Services after changes take effect constitutes acceptance of the modified Terms.
15.3 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
15.4 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
15.5 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provisions.
15.6 Force Majeure
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of war, terrorism, strikes, or governmental actions.
15.7 Notices
Legal notices will be sent to the email address associated with your account. You are responsible for keeping your contact information current.
15.8 Survival
Provisions that by their nature should survive termination will continue in effect after these Terms end, including intellectual property rights, indemnification, limitation of liability, and dispute resolution.
16. CONTACT INFORMATION
For questions about these Terms or our Services, please contact us:
Joy Loyalty
Email: [email protected]
Support: [email protected]
Website: https://joy.so/terms-of-use
Effective Date: These Terms are effective as of the date listed above.
Current Version: The most current version is always available at https://joy.so/terms-of-use/
By using Joy's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.