Terms of Service

1. Agreement to Terms

By downloading, installing, accessing, or using the Loonine application or any related services (the "Service"), you ("you", "User") enter into a legally binding agreement with Advanced PrecisionMed Solutions Limited, trading as Loonine ("we", "us", "our"), the operator of the Service. If you do not agree to these Terms in their entirety, you must not use the Service.

If you are using the Service on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity.

These Terms apply globally. Specific rights of consumers and B2B customers in particular jurisdictions are protected by mandatory local law and prevail over any conflicting clause below - see Sections 11 and 18.

2. Description of the Service

Loonine is a digital loyalty card platform for businesses. The Service includes:

• Business account creation, profile management, and account deletion
• Digital loyalty card creation (stamp cards, points cards, visit cards)
• QR-code-based and phone-number-based customer enrolment and stamping
• Staff account creation and management
• Customer relationship management (CRM) tools
• Reward tracking and redemption
• Apple Wallet and Google Wallet pass generation and live updates
• In-app purchase of premium features and dedicated wallet certificates

3. Eligibility

To create a business account, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher)
• Have the legal authority to enter into binding agreements on behalf of the business
• Provide accurate, complete, and current information during registration and keep it updated
• Not be barred from receiving the Service under applicable law (sanctions, embargoes, etc.)

The Service is not directed at consumers as account holders. Customers of businesses participate in loyalty programs through their phone number alone and do not create accounts with us.

Geographic availability:
The Service is currently offered only to users physically located in the countries listed at https://loonine.com/availability. Use of the Service from outside these countries is not authorised. The geographic restriction is enforced both at the API request layer (Cloudflare IP geolocation) and at the customer-enrolment layer (phone country code). Use through a VPN or other circumvention method is prohibited under Section 5 (Acceptable Use).

4. Account Security

You are responsible for keeping your login credentials confidential, for all activity carried out under your account (including by your staff members), and for notifying us promptly at [email protected] if you suspect unauthorised access.

Loonine implements account-lockout, brute-force protection, encrypted password storage (bcrypt), TLS in transit, and SSL certificate pinning in both the iOS and Android apps. We will not be liable for unauthorised access caused by weak passwords you chose, credential sharing, or compromise of your own device.

5. Acceptable Use

You agree not to:

• Use the Service for any illegal, fraudulent, harassing, or unauthorised purpose
• Attempt to gain unauthorised access to the Service, our infrastructure, or the data of other businesses
• Interfere with or disrupt the Service or the servers and networks supporting it
• Transmit viruses, malware, or other harmful code through the Service
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service except to the extent permitted by mandatory applicable law
• Use automated means (bots, scrapers, crawlers) to access or interact with the Service except via our published APIs
• Misuse customer data collected through the Service, including selling it, sharing it with third parties without lawful basis, or using it for purposes unrelated to your loyalty program
• Use the Service to send spam, unsolicited commercial communications, or any communication that violates anti-spam laws (CAN-SPAM, ePrivacy Directive, CASL, etc.) in your jurisdiction or the customer's jurisdiction

6. Customer Data - Roles and Responsibilities

When you (the business) collect customer information through Loonine - name, phone number, optional email, stamp history - you act as the data controller of that data. Loonine acts as your data processor and processes that data only on your written instructions, in accordance with our Data Processing Agreement (available at https://loonine.com/dpa).

Your obligations include:

• Obtaining the customer's clear, informed consent before adding them to a loyalty program AND before triggering the SMS welcome message. The iOS app requires you to confirm this consent at the moment of enrolment.
• Providing the customer with notice of how their data is being used, in compliance with the data protection law that applies to the customer.
• Honouring customer rights requests (access, deletion, etc.) directly. If a customer contacts Loonine directly, we will refer them back to you.
• Complying with all applicable data protection, ePrivacy, and consumer protection laws in your jurisdiction and in the customer's jurisdiction.
• Not using customer data for purposes beyond operating your loyalty program (e.g. no selling, no profiling for unrelated marketing, no cross-business sharing).

You indemnify Loonine against any claim arising from your failure to comply with these obligations (see Section 13).

7. Intellectual Property

The Service - including all software, design, graphics, text, logos, brand elements, and content created by Loonine - is owned by us (or our licensors) and is protected by copyright, trademark, and other intellectual property laws.

You receive only a limited, non-exclusive, non-transferable, revocable licence to use the Service strictly in accordance with these Terms. All other rights are reserved.

You retain ownership of content you upload, including your business logo and card images. By uploading, you grant Loonine a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, and display that content solely for the purpose of providing the Service to you. This licence ends when you delete the content or your account.

You must not remove, alter, or obscure any copyright, trademark, or other proprietary notices on or in the Service.

Apple, the Apple logo, App Store, Apple Wallet, and iPhone are trademarks of Apple Inc. Loonine is not affiliated with or endorsed by Apple Inc. Google, Google Play, the Google Play logo, Google Wallet, and Android are trademarks of Google LLC. Loonine is not affiliated with or endorsed by Google LLC.

8. Service Availability and Modifications

We work hard to keep the Service available and reliable, but we do not guarantee uninterrupted operation. Scheduled maintenance, infrastructure incidents, third-party outages (e.g. Apple's or Google's services), and force majeure events may cause temporary unavailability.

We may modify, update, or discontinue features of the Service at any time. For material changes that meaningfully reduce the value of a paid subscription, we will give at least 30 days' advance notice and offer affected customers a prorated refund or downgrade option.

9. Suspension and Termination

By you:
You may stop using the Service and delete your account at any time via Profile > Delete Account in the iOS app. Account deletion immediately and permanently removes your business profile, loyalty card, staff accounts, and all customer records.

By us:
We may suspend or terminate your account if:
• You materially breach these Terms (acceptable use, customer data obligations, etc.)
• Your payment is overdue and remains unpaid 14 days after notice
• Continued service would expose Loonine or other users to significant legal, security, or operational risk
• You have been inactive for more than 24 consecutive months

For non-emergency termination we will give at least 30 days' written notice (to your registered email) and a reasonable opportunity to remedy the breach. For emergency suspension (security incident, fraud, ongoing harm to other users), we may suspend immediately and notify you as soon as reasonably possible.

Upon termination:
• Your access to the Service ends
• You may export your customer list via the iOS app before termination takes effect
• Your data is deleted in accordance with the retention schedule in the Privacy Policy

10. Fees and Subscriptions

The base version of the Service is currently available free of charge. Premium features and add-on services are sold via in-app purchase. On iOS, purchases are processed by Apple under Apple's standard payment, billing, and refund policies. On Android, purchases are processed by Google under Google Play's standard payment, billing, and refund policies. Loonine never processes your payment details directly on either platform.

When you purchase a subscription:
• The exact price, billing cycle, free-trial duration (if any), and auto-renewal terms are presented to you in the App Store at the moment of purchase
• Subscriptions auto-renew at the end of each billing period unless cancelled at least 24 hours before the renewal date, in line with the standard rules of the store you purchased from (Apple or Google Play)
• On iOS you can manage or cancel any subscription from Settings > [your name] > Subscriptions
• On Android you can manage or cancel any subscription in the Google Play Store app under Payments and subscriptions > Subscriptions
• Refunds are handled by the store the purchase was made in: Apple for App Store purchases, Google for Google Play purchases. Loonine does not process payments and cannot issue direct refunds for either

EU consumer right of withdrawal:
If you are a consumer in the EU/EEA, you have a 14-day right of withdrawal under EU Directive 2011/83/EU. Because in-app purchases are processed by the app store, withdrawal rights are exercised directly with that store: with Apple for purchases made on the App Store, and with Google for purchases made on Google Play. Where applicable, by completing an in-app purchase you may be deemed to expressly waive the cooling-off period in exchange for immediate access to the digital content - the store's own purchase flow handles this disclosure.

Add-on services requiring manual setup:
Certain add-ons (such as the Dedicated Apple Wallet Certificate feature) require manual configuration by the Loonine operations team before they activate. This applies to Apple Wallet only; Google Wallet passes require no per-business certificate.

• Setup timeline: we aim to complete setup within 2 working business days of receiving confirmed payment. A working business day is Monday-Friday excluding UAE public holidays observed by Loonine.
• Third-party dependencies: some setup steps depend on third-party platforms (the Apple Developer Program, Google Play Console, etc.). We are not responsible for delays caused by third-party systems and will inform you if such a delay occurs.
• Annual renewal: where the add-on involves a credential that expires periodically (e.g. an Apple Pass Type ID Certificate, valid for one year), renewal is subject to the same setup timeline. We will notify you in advance.
• Prorated refunds: if a manual-setup add-on cannot be activated due to a fault on our side, we will issue a prorated refund through Apple. Setup-period delays caused by third parties are not refundable.

VAT and other taxes:
For EU consumers, applicable VAT is collected and remitted by Apple on our behalf via the App Store. For non-EU markets, the relevant tax handling is Apple's responsibility.

Pricing changes:
We reserve the right to change pricing at any time. Existing subscribers will be notified at least 30 days before a price change takes effect on their next renewal. You may cancel before the price change takes effect.

11. Disclaimers

THE SERVICE IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION.

Nothing in this Section 11 limits or excludes any warranty, condition, or liability that cannot be limited or excluded under mandatory applicable law. In particular, consumers in the EU/EEA and other jurisdictions retain all statutory rights that cannot be waived by contract.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LOONINE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING FROM OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT YOU PAID TO US (VIA APPLE OR OTHERWISE) IN THE 12 MONTHS PRECEDING THE CLAIM, OR (b) ONE HUNDRED EURO (€100).

Nothing in this Section 12 limits or excludes any liability that cannot be limited or excluded under mandatory applicable law, including (without limitation):
• Liability for death or personal injury caused by negligence
• Liability for fraud or fraudulent misrepresentation
• Liability for gross negligence (faute lourde) or willful misconduct (dol) under French law
• Statutory consumer rights under EU or other applicable law
• Any other liability that the law in your jurisdiction states cannot be excluded

13. Indemnification

You agree to indemnify, defend, and hold harmless Loonine, its officers, directors, employees, contractors, and agents from any claim, demand, liability, damage, loss, or expense (including reasonable legal fees) arising from:

• Your use of the Service in breach of these Terms
• Your violation of any applicable law (including data protection, ePrivacy, anti-spam, or consumer protection law)
• Your violation of any third-party right, including any claim by your customers about how their data was collected, used, or disclosed by you

This indemnity is reciprocal where required by mandatory consumer protection law.

14. Third-Party Services

The Service depends on or interacts with third-party services, including Apple's App Store, Apple Push Notification service, Apple Wallet, our cloud infrastructure providers, and our SMS provider. Each of these is operated by independent companies under their own terms and privacy policies.

We are not responsible for the availability, performance, accuracy, or practices of any third-party service. Where a third-party service fails or changes its terms in a way that materially affects the Loonine Service, we will work in good faith to find an alternative or notify you of the impact.

A list of our sub-processors and their privacy policies is available at https://loonine.com/subprocessors.

15. Privacy

Your use of the Service is also governed by our Privacy Policy (https://loonine.com/privacy) and, where applicable, the Loonine Data Processing Agreement (https://loonine.com/dpa). Both are incorporated into these Terms by reference.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United Arab Emirates, without regard to conflict-of-laws principles.

Any dispute arising from or relating to these Terms or the Service shall first be addressed by good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be submitted to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates, save as set out below.

Mandatory consumer rights:
Nothing in this Section limits the right of a consumer in the EU/EEA or other jurisdiction to bring proceedings in their country of residence under applicable consumer protection law (including, in the EU, Brussels I Regulation Article 18). Where mandatory local law gives a consumer the right to rely on protective provisions of their home jurisdiction, those provisions apply notwithstanding this Section.

17. Severability and Waiver

If any provision of these Terms is found to be invalid, illegal, or unenforceable in any jurisdiction, the remaining provisions remain in full force and effect in that jurisdiction. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable, or, where modification is not possible, severed from the Terms.

Failure or delay by Loonine in exercising any right under these Terms is not a waiver of that right or any other right.

18. Mandatory Consumer Rights - Reservation

Where you are a consumer (a natural person acting outside trade, business, craft, or profession) in a jurisdiction whose law gives you mandatory rights - including but not limited to the EU, Switzerland, Brazil, California, and Australia - those rights apply to you in addition to anything in these Terms. Where any clause of these Terms conflicts with a mandatory right you cannot waive, the mandatory right prevails to the extent of the conflict; the rest of these Terms continues to apply unchanged.

This Section is included for clarity. It does not create new rights but ensures the Terms are read in compliance with applicable consumer protection law.

19. Entire Agreement

These Terms, together with the Privacy Policy and (if applicable) the Data Processing Agreement, constitute the entire agreement between you and Loonine concerning the Service. They supersede all prior agreements, communications, and understandings on the subject matter.

20. Changes to Terms

We may update these Terms from time to time. For material changes (e.g. price changes, new restrictions on use, changes to the indemnity), we will give at least 30 days' notice via:
• Updating the "Last updated" date at the top of this document
• An in-app notification to active users
• Email to business account holders

If you do not accept a material change, you may terminate your account before the change takes effect; non-material changes (clarifications, formatting fixes) take effect immediately on publication.

Continued use after the effective date of a change constitutes acceptance.

21. Contact

For any question regarding these Terms:

Advanced PrecisionMed Solutions Limited, trading as Loonine
Aspect Tower, Zone B, Suite 1206, Executive Tower
P.O. Box 118212, Dubai, United Arab Emirates
Email: [email protected]
Website: loonine.com