Terms of Service

These Terms govern access to and use of the Kliyan platform, operated by Ilyass Ennhila, an individual entrepreneur (empresario individual) established in Spain (Kliyan, we, us). They form a binding contract between Kliyan and the business that opens an account.

Kliyan provides software that lets a business run a digital loyalty-stamp programme whose cards live in the customer's phone wallet. We provide the technical means; the loyalty programme itself, and the promise it makes to customers, belong to the business.

By creating an account, subscribing, or using any part of the platform, you confirm that you have read and accept these Terms and the Privacy Policy, which forms an integral part of this agreement. If you do not accept them, do not use the platform.

Platform

The Kliyan web application, its dashboard, its public join and scanner pages, and its interfaces with Google Wallet and Apple Wallet.

Account

The registration created by a Business User. Subscription and plan entitlements attach to the Account, not to an individual loyalty programme.

Business User

The business, and the individual acting on its behalf, that registers an Account. Also called the owner.

Branch

One loyalty programme within an Account, with its own card design, QR code, staff and customers. An Account may hold several Branches depending on its plan.

Employee

A member of a Business User's staff who is given a Scanner Link. Employees have no Kliyan account and no login.

Scanner Link

A private URL containing a long random token that lets the holder scan cards and add stamps for one Branch. Possession of the link is the credential.

End Customer

A person who adds a Business User's loyalty card to their phone wallet. End Customers are customers of the Business User, not of Kliyan.

Pass

The digital loyalty card issued to an End Customer and stored in Google Wallet or Apple Wallet.

Stamp

A single unit of loyalty credit added to a Pass when an Employee or owner scans it.

Reward

What the Business User promises when a card is complete. Kliyan records that it became due; the Business User provides it.

Campaign

A wallet notification sent by a Business User to a selected group of its own cardholders.

Subscription

The recurring paid plan that grants an Account access to the Platform.

Plan

A named tier — Starter, Growth or Pro — with the limits described in section 5.1.

Three different kinds of people touch Kliyan, and they reach it in three different ways. Only the first has an account.

Subject to an active Subscription, Kliyan provides:

• A card builder — your business name, logo, brand colour, stamp icon, number of stamps required and reward description, with control over how the card is composed.
• Wallet passes — issue of the card to Google Wallet and Apple Wallet, and automatic update of the pass on the customer's phone when it changes.
• A join page and QR code for each Branch, plus printable poster material.
• Stamping — a browser-based scanner for the owner and for staff on Scanner Links, with server-side authorisation, an anti-fraud cooldown between stamps on the same card, and schedule enforcement in the Branch's time zone.
• Reward redemption — marking a completed card as redeemed and resetting it so the customer can start the next one.
• Team management — employee records, schedules, instant revocation, and a stamp-by-stamp audit trail showing who did what and when.
• Analytics — customer counts, stamp activity, retention and segment views, with an optional revenue-impact estimate based on an average-ticket band you set.
• Campaigns — wallet notifications to selected groups of your own cardholders, within the content rules and frequency caps described in section 7 of the Privacy Policy.
• Multiple Branches, where your plan allows, each with its own card, staff and customers under one Subscription.
• A trilingual interface in English, French and Arabic.

We develop the Platform continuously and may add, change or remove features. Where a change materially reduces functionality you rely on, section 14 applies. Features described anywhere as planned or coming soon are not part of the contracted service and create no entitlement until released.

Parts of the service depend on Google Wallet, Apple Wallet and their push infrastructure. Those platforms set their own policies and can change them. We will adapt as quickly as we reasonably can, but we do not control them and cannot guarantee their behaviour.

Access to the Platform requires an active paid Subscription. The Subscription attaches to the Account and covers every Branch within it, up to the Branch limit of the plan.

Either side may end this agreement. What follows sets out how, and — more importantly — exactly what stops working and what does not.

This section is the data processing agreement required by Article 28(3) GDPR. It applies whenever Kliyan processes personal data on your behalf, and forms part of these Terms. In it, you are the controller and Kliyan is the processor.

Kliyan undertakes to:

• Process only on your documented instructions, including as to international transfers, unless required otherwise by EU or Member State law — in which case we will tell you before processing, unless that law forbids it. Your use of the Platform's features constitutes those instructions.
• Ensure confidentiality. Everyone we authorise to process the data is bound by an obligation of confidentiality that survives the end of their engagement.
• Apply appropriate security measures under Article 32, as described in section 11 of the Privacy Policy.
• Engage sub-processors only under written terms imposing the same obligations, and remain fully liable to you for their performance.
• Assist you in responding to data-subject requests, taking account of the nature of the processing and the information available to us.
• Assist you with security, breach notification, data protection impact assessments and prior consultation under Articles 32 to 36.
• Notify you without undue delay on becoming aware of a personal data breach affecting your data, with the information you need to meet your own obligations.
• Delete or return your data at the end of the service, at your choice, and delete existing copies unless retention is required by law.
• Make available the information needed to demonstrate compliance, and allow and contribute to audits or inspections conducted by you or an auditor you mandate, on reasonable notice, no more than once a year unless a regulator or a breach requires otherwise, and subject to confidentiality.

Sub-processors. You give a general written authorisation for the sub-processors listed in section 4 of the Privacy Policy, which is the current and definitive list. We will give at least 30 days' notice before adding or replacing one. If you object on reasonable data-protection grounds within that period, we will work with you to find a solution; if none is workable, you may terminate the affected service without penalty and receive a refund for any unused prepaid period.

International transfers. Personal data is hosted in the European Union. Where a sub-processor involves a transfer outside the EEA, it is made under an adequacy decision, Standard Contractual Clauses, or another valid Chapter V mechanism, together with any supplementary measures required.

We aim to keep the Platform available continuously and we monitor it, but we do not currently offer a contractual uptime guarantee or service credits. The Platform is provided on a commercially reasonable efforts basis. If we introduce a service level agreement, it will be published and will apply from the date stated in it.

Availability depends on third parties we do not control — our hosting and database providers, the payment provider, and Google's and Apple's wallet and push services. An outage or policy change at any of them can affect the Platform, and we are not liable for their failures, though we will act promptly to limit the effect and keep you informed.

• Routine maintenance is performed where possible without interruption. Where downtime is needed, we will give advance notice and schedule it outside peak hours where we reasonably can.
• Emergency maintenance — for a security vulnerability or a fault causing data loss — may be performed without notice. We will tell you as soon as practicable.
• Stamping is the priority. Where we must choose, we will protect the ability of your staff to stamp cards and of your customers to keep their passes over less critical functions.

We keep backups of platform data as part of normal operation. Backups are a disaster-recovery measure for the Platform as a whole and are not an individual restore service; we cannot guarantee recovery of a specific record you deleted yourself.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited — including liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or for wilful misconduct or gross negligence.

Subject to that, and because this is a contract between businesses:

• Aggregate cap. Our total liability arising out of or in connection with this agreement, in any 12-month period, is limited to the total amount you actually paid us for the Subscription in the 12 months before the event giving rise to the claim.
• Excluded losses. We are not liable for loss of profit, loss of revenue, loss of anticipated savings, loss of business or goodwill, loss of customers, or for indirect or consequential loss, however arising.
• Third-party platforms. We are not liable for acts, omissions, outages or policy changes of Google, Apple, the payment provider, or our hosting and database providers.
• Your loyalty programme. We are not liable for the rewards you promise, for disputes with your customers about them, or for business decisions you take on the strength of the Platform's analytics — which are estimates offered for guidance, not audited figures.
• Your own acts. We are not liable for loss arising from your failure to keep credentials or Scanner Links secure, from stamps added by people you gave access to, or from data you deleted yourself.

Except as expressly stated in these Terms, and to the fullest extent permitted by law, the Platform is provided as is and we give no implied warranties of merchantability, fitness for a particular purpose or non-infringement.

A claim must be brought within one year of the date you became aware, or ought reasonably to have become aware, of the circumstances giving rise to it, except where a longer period is mandatory by law.

The statutory 14-day right of withdrawal for distance contracts is a consumer right. Under Spanish and EU consumer law it protects natural persons acting outside their trade, business, craft or profession. Kliyan is sold only to businesses acting within theirs, so the statutory right does not apply to this contract — and that includes sole traders and self-employed professionals subscribing for use in their business.

The terms of that voluntary refund:

• It applies to the first payment on an Account only — not to renewals, and not to a repeat subscription after you have previously subscribed and cancelled.
• The request must reach us within 14 days of that first payment.
• The refund is made to the original payment method, normally within 14 days of our accepting the request.
• Your Subscription ends on refund, and the consequences in section 6.3 apply — your customers' existing cards keep working, but no new customers can join.
• We may decline it where the Account has been used in breach of these Terms, or where the refund is being used to obtain the service repeatedly without paying.

This is a contractual commitment we make voluntarily. It is in addition to, and does not limit, any right you may have under mandatory law.

These Terms are governed by Spanish law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Because this is a contract between businesses, the parties submit to the exclusive jurisdiction of the courts of Zamora, Spain, expressly waiving any other forum to which they might otherwise be entitled.

Talk to us first. Before starting proceedings, please write to hello@kliyan.app setting out the problem. Most disputes turn out to be misunderstandings, and we would rather fix one than litigate it. Both parties agree to attempt a good-faith resolution for 30 days before commencing proceedings — which does not prevent either party from seeking urgent injunctive relief.

Nothing here affects a data-protection complaint to the Agencia Española de Protección de Datos or to your local supervisory authority, as described in section 10 of the Privacy Policy.

We may update these Terms as the product and the law change. The effective date at the top of this page always identifies the version in force.

• Material changes — anything affecting your rights, your obligations, our liability or the price — will be notified by email or in-dashboard notice at least 30 days before taking effect.
• Minor changes — clarifications, corrections and typographical fixes — take effect on publication.
• If you do not accept a material change, you may cancel under section 6.1 before it takes effect, and it will not apply to you. Continuing to use the Platform after that date is acceptance.
• We will never apply a change retroactively to a period you have already paid for.

We keep previous versions and will provide them on request.

• Entire agreement. These Terms, together with the Privacy Policy and the plan details shown at purchase, are the whole agreement between us on this subject and replace anything said or written beforehand.
• Severability. If a provision is held invalid or unenforceable, it is limited or removed to the minimum extent necessary and the rest remains in force.
• No waiver. Not enforcing a right on one occasion does not waive it. A waiver is effective only if given in writing.
• Assignment. You may not assign or transfer this agreement without our written consent. We may assign it to an affiliate, or in connection with a merger, acquisition or sale of assets, on notice to you.
• No partnership. Nothing here creates a partnership, joint venture, agency or employment relationship between us.
• Third parties. Except as expressly stated, no one who is not a party to this agreement has any right to enforce it.
• Notices. We write to the email address on your Account — keep it current. You write to us at hello@kliyan.app or to the registered address in section 16.
• Language. The governing version of these Terms is the English text.
• Survival. Sections 7, 8, 11, 13 and 15, and any other provision that by its nature should survive, continue in force after termination.

The following identification is published in accordance with Article 10 of Spanish Law 34/2002 on information society services and electronic commerce (LSSI-CE).

Service provider

Ilyass Ennhila

Address

Calle Colón 42, Zamora, Spain

Tax ID (NIE)

Y8395865M

Email

hello@kliyan.app

Telephone

+34 632 941 162

Activity

Provision of software as a service: a digital loyalty-card platform for businesses.

Website

kliyan.app

For anything about your account, your subscription or these Terms, write to hello@kliyan.app. For data protection matters, see section 14 of the Privacy Policy.