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.

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