(Last amended: 12/26/17)

Contents:

  1. About
  2. How it Works
  3. Registration
  4. Cancellation & Refunds
  5. Intellectual Property Rights
  6. License
  7. Acceptable Use
  8. Business Submitted Content
  9. User Submitted Reviews and Ratings
  10. DMCA
  11. Linking to the Website and Social Media Features
  12. Disclaimer of Warranties; Limitations of Liability
  13. Client and User indemnification
  14. Governing Law and Dispute Resolution
  15. Waiver and Severability
  16. Entire Agreement
  17. Contact

1. About

1.1 2xLoyal accessed through the 2xLoyal application (“App”) or the Website (“Website”), is a social marketing website and application that enables businesses (“Clients”) to offer loyalty rewards, coupons and other marketing offers to their current and prospective customers/users of the 2xLoyal application. The registered users of the application (“Users”) are able to redeem visits and coupons at the businesses of their choice and promote the businesses by sharing digital loyalty cards and digital coupons with their friends and contacts. 2xLoyal is operated by 2XL LLX, a company with registered address: 10511 Battleview Pkwy, Manassas, VA 20109, USA.

1.2 These Terms of Service, together with our Privacy Policy (“Terms”), govern your use of 2xLoyal, including any content, functionality, and services offered on or through the Website. By registering with and using 2xLoyal, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Website or the 2xLoyal application.

1.3 This Website and the App are offered and available to users who are 18 years of age or older. By using this Website and/or the APP, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website and/or the App.

1.4 We reserve the right to make changes to these Terms at any time and at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and/or the App thereafter. By continuing to use 2xLoyal after such notice, you agree to these Terms as modified. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

1.5 By using 2xLoyal you consent to receiving communications from us electronically, including emails and messages posted to your 2xLoyal account registered email and mobile phone number. You acknowledge and agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw your consent to receiving communications from us at any time, please email support@2xLoyal.com, notifying us of your withdrawal of consent.

1.6 Views expressed by Users on 2xLoyal do not represent the views of 2xLoyal.

1.7 Clients and/or Users hold complete and total responsibility for owning the copyright of any Content (text, images and/or video)

1.8 All Content appearing on and/or submitted to the Website and/or the App becomes property of 2XL LLC.

1.9 We reserve the right at any time and without notice to:

  • 1.9.1 modify, suspend or terminate 2xLoyal or any portion thereof;
  • 1.9.2 restrict, limit, suspend or terminate your access to 2xLoyal or any portion thereof;
  • 1.9.3 delete any content you post on 2xLoyal;
  • 1.9.4 monitor your use of 2xLoyal (including any content or message you post or broadcast on 2xLoyal) to verify compliance with these Terms and/or any applicable law;
  • 1.9.5 investigate any suspected or alleged misuse or unlawful use of 2xLoyal and cooperate with law enforcement in such investigation; and
  • 1.9.6 disclose information about your use of 2xLoyal in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order.

1.10 From time to time, we may restrict access to some parts of the Website, or the entire Website, or parts of the App, or the entire App to Clients and/or Users.

2. How It Works

2.1 2xLoyal is a social marketing platform that lets Clients create a loyalty programs and/or coupons which, through the 2xLoyal App, allows them to:

  • 2.1.1 advertise their business to local consumers/Users.
  • 2.1.2 leverage customer (referral) advertising by allowing their customers to share loyalty cards and/or coupons with their friends and contacts.
  • 2.1.3 create promotional campaigns though email, sms or notifications on the App based on demographics.
  • 2.1.4 receive analytics emails that measure the effectiveness of their loyalty program(s), coupons and/or campaigns.

2.2 2xLoyal Users have access to the loyalty programs and/or coupons that businesses offer through the 2xLoyal App. Using the app, they can:

  • 2.2.1 Add digital loyalty cards to their app “wallet”.
  • 2.2.2 Validate loyalty visits to a business.
  • 2.2.3 Redeem loyalty rewards and/or coupons at the business.
  • 2.2.4 Invite their friends to join 2xLoyal and share their visits and/or coupons with them.
  • 2.2.5 Receive target offers based on their demographics and information collected during the use of the App.

3. Registration

3.1 Business Registration

  • 3.1.1 To register and create an account on 2xLoyal, a business must provide the business name, location address, a business contact (name, email, phone number and business title) with the authority to make purchasing decisions for the business and a loyalty or coupon offer. It is a condition of your use of the 2xLoyal platform that all the information you provide is correct, current, and complete.
  • 3.1.2 You agree that all information you provide to register, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
  • 3.1.3 To subscribe to one of our packages, you will need to add a payment card. When adding a payment card, your card information is stored at our fully Payment Card Industry (PCI) compliant payment processor (Stripe). 2xLoyal does not store any payment card information.

3.2 User Registration

  • 3.2.1 To register and create an account on 2xLoyal, a User must provide a mobile phone number. It is a condition of your use of the 2xLoyal App that all the information you provide is correct, current, and complete.
  • 3.2.2 You agree that all information you provide to register, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

3.3 By registering on 2xLoyal, you confirm that:

  • 3.3.1 all account registration, profile information and content you provide is your own information and the content is truthful and accurate;
  • 3.3.2 if you previously had an account with 2xLoyal, your old account was not terminated or suspended by 2xLoyal for violation of these Terms; and
  • 3.3.3 you register on 2xLoyal for your own personal use and you will not sell, rent or transfer your account to any third party.

3.4 You are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree to not disclose these details to any other person or entity and immediately notify us at support@2xLoyal.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

3.5 We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

4. Cancellation and Refunds

4.1 To cancel your account, please go to our Support page and submit a cancellation request using the form. All cancellation requests will be processed within five (5) business days.

4.2 You are entitled to cancel any subscription, for any reason and at any time, thereby ensuring that you will not be billed again for that subscription.

4.3 All setup fees are non-refundable.

4.4 All subscriptions made on 2xLoyal.com are non-refundable. At the time of cancellation you can choose if you want to terminate your account immediately or at the end of the current billing period.

5. Intellectual Property Rights

5.1 Other than Client submitted content, the App, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or the App, except as follows:

  • 5.2.1 your computer or phone may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • 5.2.2 you may store files that are automatically cached by your computer or phone for display enhancement purposes; and
  • 5.2.3 you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

5.3 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform or the App, in breach of the Terms, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

5.4 Other than Client submitted content, no right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

5.5 The 2xLoyal name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website and the App, are the trademarks of their respective owners.

6. License

6.1 Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-exclusive license to use our website and to download and/or install a single copy of the 2xLoyal app on your mobile device for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of 2xLoyal other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.

6.2 We do not warrant that 2xLoyal is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not 2xLoyal is compatible with your device. From time to time we may make updates to 2xLoyal and will make such updates available through the website and/or applicable app store (Apple iTunes for iOS devices, or Google Play for Android devices).

7. Acceptable Use

7.1 We require that all Clients and Users respect and comply with the Terms below, at all times, when using the 2xLoyal Platform and/or App.

7.2 You may not:

  • 7.2.1 use 2xLoyal other than for your own lawful and personal use in accordance with these Terms;
  • 7.2.2 impersonate us, one of our employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
  • 7.2.3 falsify account registration information, or make unauthorized use of another’s information or content;
  • 7.2.4 use 2xLoyal in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
  • 7.2.5 copy, reproduce, distribute, modify, or create derivative works from, any portion of 2xLoyal without our express written permission;
  • 7.2.6 use 2xLoyal for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • 7.2.7 transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
  • 7.2.8 engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform and/orApp, or which, as determined by us, may harm us or Users of the Platform and/or App or expose them to liability;
  • 7.2.9 create, upload, post, display, publish or distribute User Content that:
    • (a) is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing;
    • (b) violates another’s copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);
    • (c) promotes or advertises escort services;
    • (d) promotes or advertises firearms or other weapons, tobacco, drugs, or drug paraphernalia;
    • (e) promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
    • (f) causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
    • (g) involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
    • (h) gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case;
  • 7.2.10 remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own;
  • 7.2.11 use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through thePlatform and/or App;
  • 7.2.12 decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of 2xLoyal;
  • 7.2.13 interfere in any way with the operation of 2xLoyal or any server, network or system associated with 2xLoyal, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user’s account that you are not expressly authorized to access;
  • 7.2.14 use 2xLoyal for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app’s availability, performance or functionality, or for any other competitive purposes;
  • 7.2.15 use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access 2xLoyal or any server, network or system associated with 2xLoyal, or to extract, collect, harvest or gather content or information from 2xLoyal; or
  • 7.2.16 make any other use of 2xLoyal that violates these Terms or any applicable law.

7.3 By registering an account with 2xLoyal, you represent and warrant that:

  • 7.4.1 you are at least 18 years of age;
  • 7.4.2 you will fully comply with these Terms;
  • 7.4.3 you accept full responsibility for the use of 2xLoyal on any device, whether or not it is owned by you;
  • 7.4.4 you accept full responsibility for any Client Content created or provided by you; and
  • 7.4.5 your use of 2xLoyal will not violate these Terms or any applicable law.

7.5 If you are using 2xLoyal on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in these Terms and that you are authorized to bind the business or other entity to these Terms.

8. Business Submitted Content

8.1 By creating and publishingBusiness Submitted Content on 2xLoyal, you authorize our Users to access and view your content on 2xLoyal for their own lawful and personal use. You also represent and warrant that:

  • 8.1.1 you own or control all rights in and to your Business Submitted Content;
  • 8.1.2 to the extent yourBusiness Submitted Content includes or utilizes any third-party property, you have secured all rights, licenses, consents and releases that are necessary for the use of such third-party property in yourBusiness Submitted Content; and
  • 8.1.3 yourBusiness Submitted Content is non-confidential and will be made available to our Users on the 2xLoyal App.

8.2 You grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

8.3 You understand and acknowledge that you are responsible for any Business Submitted Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

9. User Submitted Reviews & Ratings

9.1 By submitting Reviews and Ratings in the 2xLoyal app you authorize 2xLoyal to anonymously share them with businesses. You also represent and warrant that:

  • 9.1.1 any submitter Reviews and Ratings are the property of 2XL LLC and our licensees, successors, and assigns; and
  • 9.1.2 the opinions expressed in the Reviews & Ratings are yours and only yours.

9.2 You grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such Reviews and Ratings.

9.3 You understand and acknowledge that you are responsible for any Reviews and Ratings you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

10. DMCA

10.1 To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing Business Submitted Content and, if deemed appropriate by 2xLoyal, terminating the account of the Client who published the content.

10.2 To notify us of claimed copyright infringement, please contact our customer support team by going to our Support page.

10.3 Under the DMCA, a notification of claimed copyright infringement must include all of the following:

  • 10.3.1 a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 10.3.2 identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • 10.3.3 identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • 10.3.4 information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • 10.3.5 a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • 10.3.6 a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

10.4 If we remove or disable access to your Content in response to a DMCA notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may make a counter-notification in writing with our Designated Agent listed above.

10.5 A DMCA counter-notification must include all of the following:

  • 10.5.1 your physical or electronic signature;
  • 10.5.2 identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • 10.5.3 a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of which you are located and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

10.6 If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and will reinstate your User Content that was removed or disabled within 30 business days following our receipt of your counter-notification, unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.

10.7 Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.

11. Linking to the Website and Social Media Features

11.1 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

11.2 The Website may provide certain social media features that enable you to:

  • 11.2.1 link from your own or certain third-party websites to certain content on the Website;
  • 11.2.2 send emails or other communications with certain content, or links to certain content, on the Website;
  • 11.2.3 cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

11.3 You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. However, you must not:

  • 11.3.1 establish a link from any website that is not owned by you;
  • 11.3.2 cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
  • 11.3.3 link to any part of the Website other than the homepage; or
  • 13.3.4 otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

11.4 You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

11.5 We may disable all or any social media features and any links at any time without notice in our discretion.

12. Disclaimer of Warranties; Limitations of Liability

12.1 By using 2xLoyal, you acknowledge and agree as follows:

  • 12.1.1 2xLoyal and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to 2xLoyal and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or guarantee the accuracy, usefulness, completeness or reliability of 2xLoyal, or the results of your use of 2xLoyal. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform and/or App, or by anyone who may be informed of any of its contents. We also do not warrant or guarantee that 2xLoyal and all of its services and features will be available at any particular time or location; that 2xLoyal and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that 2xLoyal and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform and/or App or any services or items obtained through the Platform and/or App or to your downloading of any material posted on it, or on any website linked to it. Your use of 2xLoyal and its services and features will be solely and entirely at your own risk. the foregoing does not affect any warranties that cannot be excluded or limited under applicable law; and
  • 12.1.2 in no event shall 2xLoyal be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) 2xLoyal or any of its services or features;
  • 12.1.3 in no event shall our total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) 2xLoyal or any of its services or features, exceed one hundred U.S. dollars ($100.00). This does not affect any liability that cannot be excluded or limited under applicable law.

12.2 Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) 2xLoyal or any of its services or features shall be limited to the maximum extent permitted by law.

13. Client and User indemnification

13.1 By using 2xLoyal, you agree to indemnify and hold harmless us and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) arising out of or related to any of the following:

  • 13.1.1 your use of 2xLoyal or any of its services or features;
  • 13.1.2 any Client Submitted Content and/or any Reviews and Ratings created, published, or otherwise made available on 2xLoyal by you;
  • 13.1.3 any transaction or interaction between you and any other Client or User of 2xLoyal; and/or
  • 13.1.4 your violation of these terms or any applicable law.

14. Governing Law and Dispute Resolution

14.1 You and we agree that these Terms shall be governed by and construed in accordance with the laws of the State of Virginia in the United States, (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning 2xLoyal or arising out of or related to these Terms shall be resolved through mediation.

14.2 Except where prohibited by applicable law, any claim or cause of action by you concerning 2xLoyal or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.

15. Waiver and Severability

15.1 No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15.2 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16. Entire Agreement

16.1 The Terms constitute the sole and entire agreement between you and us regarding the Platform and/or App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform and/or App.

17. Contact

If you have any questions, comments, or concerns about 2xLoyal, please contact our support team at through our Support page.