Terms & Conditions for the Eyalty App Pilot Program
Last updated: 7 December 2025
1. Introduction
These Terms and Conditions (“Terms”) govern your participation in the pilot program (“Pilot Program”) for the Eyalty application (“App”) provided by Excellion Pty Ltd (“Company,” “we,” “us,” or “our”).
By accessing, installing, or using the App, you (“Participant,” “you,” or “your”) agree to be bound by these Terms.
If you do not agree to these Terms, you may not participate in the Pilot Program.
2. Purpose of the Pilot Program
The Pilot Program is offered solely for testing, evaluation, and improvement of the Eyalty App.
The App is in an experimental phase and may contain bugs, defects, or incomplete features.
3. Eligibility
You represent and warrant that:
You are at least 18 years old or the age of majority in your jurisdiction.
You have legal capacity to enter into these Terms.
If participating on behalf of an organization, you have authority to bind that organization.
4. License Grant
Excellion Pty Ltd grants you a limited, non-exclusive, non-transferable, revocable license to use the Eyalty App solely for purposes of the Pilot Program.
You may not:
Modify, copy, decompile, or reverse-engineer the App.
Use the App for any commercial purpose outside the pilot.
Share access, login credentials, or pilot materials with any third party.
5. Pilot Program Duration
The Pilot Program will run for the period specified by Excellion Pty Ltd (“Pilot Term”).
We may modify, suspend, or terminate the Pilot Program at any time, with or without notice.
6. Participant Obligations
You agree to:
Use the App responsibly and in accordance with applicable laws.
Provide honest, constructive feedback when requested.
Report bugs, defects, or vulnerabilities promptly.
Not misuse, exploit, or interfere with any App feature or related systems.
7. Data Collection & Privacy
Excellion Pty Ltd may collect the following during the Pilot Program:
Usage data and interaction logs
Technical and diagnostic information
Feedback and survey responses
Personal data that you voluntarily provide
Collected data may be used for:
App improvement
Analytics and diagnostics
Research and development
Security monitoring
All data will be handled according to our Privacy Policy, which is incorporated into these Terms.
By participating, you consent to this data collection and use.
8. Confidentiality
You acknowledge that the Eyalty App and all related information are confidential. You agree to:
Keep all pilot-related information strictly confidential.
Not share screenshots, features, performance results, or documentation.
Notify Excellion Pty Ltd immediately of any unauthorized disclosure.
These obligations survive termination of the Pilot Program.
9. Intellectual Property Rights
All intellectual property rights in the Eyalty App, including software, trademarks, content, and documentation, are owned exclusively by Excellion Pty Ltd.
Any feedback you provide may be used freely by Excellion Pty Ltd without restriction, attribution, or compensation.
10. Third-Party Services
The App may include integrations or services from third-party providers.
Excellion Pty Ltd is not responsible for the content, performance, or policies of such third-party services.
11. No Warranty (App Provided “AS IS”)
The Eyalty App is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, including but not limited to:
Merchantability
Fitness for a particular purpose
Accuracy or reliability
Non-infringement
The App is experimental and may be incomplete or unstable. Use is at your own risk.
Eyalty Mobile Applications – Terms and Conditions
Effective Date: 28 May 2025
Last Updated: 28 May 2025
Operated by: Excellion Pty Ltd
Contact: admin@excellion.com.au
1. Acceptance of Terms
By downloading, accessing, or using the Eyalty Business App or the Eyalty Consumer App (“Apps”), you agree to be bound by these Terms and Conditions (“Terms”) and our Privacy Policy. If you do not agree with any part of these Terms, you must not use the Apps.
2. License Grant
Subject to your compliance with these Terms, Excellion grants you a limited, non-exclusive, non-transferable, revocable license to use the applicable App for its intended purpose (business or personal use).
3. User Responsibilities
You agree to use the Apps only for lawful purposes. You are responsible for your account activity, maintaining confidentiality, and ensuring data accuracy.
4. Account and Data Use
Each mobile number or email may be used for either a business or consumer account—not both. Misuse may result in suspension or restriction of access.
5. Ownership and Intellectual Property
All intellectual property rights in the Apps and related content remain the property of Excellion Pty Ltd or its licensors. No ownership is transferred through your use.
6. Content Submitted by Users
By submitting content, you grant Excellion a worldwide, royalty-free license to use, modify, and display it for the purpose of providing services. You confirm you have all rights to such content.
7. Modification and Availability
We may modify or discontinue any aspect of the Apps without notice. We do not guarantee uninterrupted access or error-free operation.
8. Reward Programs and Redemption
Reward programs are managed by businesses. Excellion is not liable for reward availability, accuracy, or merchant disputes.
9. Disclaimer of Warranties
The Apps are provided “as is” without any warranties. We disclaim all warranties including those of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
To the fullest extent permitted by law, Excellion is not liable for indirect, incidental, or consequential damages. Our total liability shall not exceed AUD $100.
11. Indemnity
You agree to indemnify and hold harmless Excellion from any claims or damages arising from your use of the Apps or violation of these Terms.
12. Suspension and Termination
We may suspend or terminate your access at any time. Business accounts may not be deleted until all programs are expired. Data may be retained for 30 days post-termination.
13. Governing Law
These Terms are governed by the laws of Victoria, Australia. Any disputes shall be resolved in the courts of Victoria.
14. Changes to Terms
We may modify these Terms with 21 days’ notice. Continued use of the Apps indicates your acceptance of the updated Terms.
Privacy Policy
Effective Date: 28 May 2025
1. Information We Collect
- Personal data (e.g., name, email, phone number)
- Device and usage data (e.g., model, OS, diagnostics)
- Location data (with permission)
- Customer and loyalty data (Business App only)
2. Use of Data
We use data to operate and improve the Apps, respond to requests, analyze use, detect fraud, and meet legal obligations.
3. Marketing and Notifications
With your consent, we may send promotional and reward-related messages. You can opt out at any time.
4. Third-Party Tools
We use secure third-party SDKs (e.g., Firebase) for performance monitoring. These tools comply with data protection standards.
5. Data Sharing
We only share data with trusted providers, regulators (when required), or with your explicit consent.
6. Data Security
We use encryption, secure storage, and role-based controls. However, no system is 100% secure, and you accept this risk.
7. Data Retention
Data is retained for active use or up to 30 days post-deactivation for legal and dispute purposes.
8. Children’s Privacy
The Apps are not intended for users under 13. If such data is discovered, it will be deleted promptly.
9. Your Rights
You may request access to or correction of your data, withdraw consent, or file complaints with regulators.
10. Breach Notification
If a data breach occurs, we will notify affected users and authorities as required. We are not liable for breaches beyond our control.
11. Optional Features
- Contact access (Consumer App)
- QR scan logging
- Merchant-uploaded customer data (Business App)
12. Data Transfers
Your data may be securely stored or processed in Australia or approved international data centers under appropriate safeguards.
13. Updates
We may revise this policy. Significant changes will be communicated through the App or website.
14. Contact Us
If you have questions or concerns about these Terms or the Privacy Policy, contact us at: admin@excellion.com.au