Terms of Service

These Terms of Service govern the use of the services offered by Fidelly, including the setup and management of virtual loyalty cards, proximity notifications, and related marketing tools.

By using Fidelly’s services, you agree to these Terms of Service.

Description of Services

Fidelly provides businesses with digital loyalty solutions including:

Creation of virtual loyalty cards compatible with mobile wallets (Apple Wallet and Google Wallet)
Management of digital loyalty programs
Sending notifications and marketing campaigns
Customer analytics and management tools

Fidelly reserves the right to modify or improve its services at any time.

Client Responsibilities

The client agrees to:

Provide accurate and complete information during registration
Use Fidelly’s services in compliance with applicable laws
Not use the platform to distribute illegal, misleading, or fraudulent content
Comply with applicable laws regarding personal data protection and electronic communications

The client remains fully responsible for the content of promotions, offers, and communications sent to their customers.

Notifications and Communications

Notifications sent through the Fidelly platform are the responsibility of the client.

The client agrees to use these tools reasonably and in compliance with applicable laws regarding electronic communications and consumer protection.

Fidelly cannot be held responsible for the content of notifications sent by users of the platform.

Fees and Payments

Certain Fidelly services are offered for a fee, including:

Setup fees
Monthly subscription fees
Fees related to certain campaigns or additional features

Payment terms are determined at the time of service subscription.

Fidelly reserves the right to modify its pricing with prior notice.

Equipment Provided

In some cases, Fidelly may provide or rent equipment required for the service, including a mobile device used to manage loyalty cards.

The client is responsible for the proper use of this equipment and agrees to keep it in good condition.

Intellectual Property

The platform, software, technology, and tools provided by Fidelly remain the exclusive property of Fidelly.

The client is granted a limited right to use the services for the duration of their subscription.

Any reproduction, modification, or unauthorized use of Fidelly’s technology is strictly prohibited.

Loyalty Programs, Promotions, and Rewards

Loyalty programs, promotions, rewards, and commercial offers offered through the Fidelly platform are entirely managed and determined by the client (the business).

The client is solely responsible for:

The content of their promotional offers
The conditions required to obtain rewards
The validity and availability of promotions
Compliance with applicable consumer, advertising, and promotional laws

Fidelly acts solely as a technology provider enabling the management and distribution of these loyalty programs.

As a result, Fidelly cannot be held responsible for:

Promotions offered by businesses using the platform
Rewards promised or offered to consumers
Disputes between a business and its customers regarding a loyalty program or promotion
The unavailability of a reward or promotional offer

The client agrees to assume full responsibility for their loyalty programs and to indemnify Fidelly against any claim, complaint, or legal action related to the use of these programs.

Indemnification

The client agrees to defend, indemnify, and hold harmless Fidelly, its directors, employees, partners, and suppliers against any claim, demand, loss, liability, damage, or expense (including reasonable legal fees) resulting from:

The client’s use of the services
Violation of these Terms of Service
Any promotion, offer, or communication sent by the client to their users
Any violation of the rights of a third party

This indemnification obligation remains applicable even after the termination of the service.

Limitation of Liability

Fidelly strives to provide a reliable and high-performing service. However, Fidelly does not guarantee that the service will be uninterrupted or error-free.

Fidelly shall not be held responsible for:

Loss of revenue or business opportunities
Technical issues beyond its control
The client’s or users’ use of the service

Termination

The client may terminate their subscription in accordance with the terms agreed upon during registration.

Fidelly also reserves the right to suspend or terminate an account in the event of misuse of the service or violation of these terms.

Modifications

Fidelly reserves the right to modify these Terms of Service at any time.

Clients will be informed of any significant changes.

Contact

For any questions regarding these Terms of Service, you may contact:

Fidelly
Email: steeven_bouchard@hotmail.com