Terms of service
Last updated: September 23, 2026.
These terms are the agreement between elay (operated from Santa Cruz de la Sierra, Bolivia) and the business that creates an account, in whatever country it is located. By creating the account you accept them. If something doesn't sit right with you, write to us before you start.
1. What elay is
A platform to create digital loyalty cards that your customers save in Apple Wallet or Google Wallet, add stamps to them, hand out rewards and send them notifications. You define the program (how many stamps, which reward, which notifications); elay provides the technology.
2. Your account
- It is created with a Google account. You are responsible for who signs in with it and for the team members you authorize.
- An account is for a real business, and the person who creates it must have authority to accept these terms on the business's behalf. The information you enter (name, type of business, locations) must be true.
- You can close your account whenever you want by asking us by email.
3. Plans, trial and payments
- When you create your account you get a 7-day free trial with the Professional plan's features, at no cost. When the trial ends, if you don't choose a plan, the account expires: the dashboard stops working and cards already installed get no more stamps or notifications until you activate a plan.
- Current plans, their prices and the currency charged for your region are listed at elay.app/en. Plans are paid in advance, for the period you choose, with the payment methods available in your region (for example bank QR, bank transfer, card or PayPal). If you pay with a subscription, it renews automatically each period until you cancel it. We confirm the payment and activate the plan the same business day.
- Prices don't include taxes your country charges on digital services, unless stated otherwise. Where they apply, they are added to the price. Your bank's or payment method's fees and any currency exchange differences are your responsibility.
- Each plan has limits (cards, locations, team members, notifications). Extras above the limit are charged separately, monthly, at the published price.
- No refunds, unless the applicable law requires otherwise. What you paid covers the period you paid for until it ends, even if you decide to stop using elay earlier. If you upgrade to a higher plan mid-period, we charge the prorated difference.
- If a plan expires without being renewed, the account expires just like at the end of the trial. 90 days after expiring, we delete the account and its data.
- We may change prices with at least 30 days' notice. The change applies at your next renewal, never to a period you already paid for.
4. Your customers and their data
- The customers who join your program are yours, and so is their data. You are the controller of that data and elay processes it on your behalf, as described in the privacy policy.
- You are responsible for using that data only for your loyalty program, for giving your customers whatever notice your country's law requires, and for handling any customer request to see, correct or delete their data. We help with whatever you need through the dashboard or by email.
- You can export your list from the dashboard whenever you want.
5. Complying with the laws of your country
elay is used in different countries, and each one has its own rules. Because the program is yours, you are responsible for making sure it complies with the laws that apply to your business, including:
- personal data protection laws;
- laws on commercial messages and spam, including getting any consent required before sending promotional notifications;
- consumer protection laws and laws on promotions, rewards and points programs;
- tax laws that apply to rewards or to your sales.
elay gives you tools to do this (customers join on their own, they can stop notifications by deleting the card, and you can delete their data), but it is not legal advice.
6. Acceptable use
You may not:
- Send notifications that are misleading, offensive or unrelated to your business, or use notifications as spam.
- Add customers who didn't join on their own or without their consent.
- Promise rewards you don't intend to give.
- Use elay for activities that are illegal in your country or in Bolivia.
- Try to access other businesses' data, overload the service or use the API for anything other than connecting your own register.
If we detect this kind of use, we may suspend the account after letting you know. In serious or repeated cases, we may close it without a refund.
7. The rewards are yours
The loyalty program is a promotion of your business. You define the reward and you hand it out. elay only keeps count of the stamps; it is not responsible to your customers for a reward that isn't given or for the conditions you set. We recommend making the conditions (expiration, exclusions) clear on your poster or in the card text.
8. Connecting your register (API)
On the Ultimate plan you can connect your register or point of sale system with a token unique to your business. That token is like a key: don't share it or publish it. You can ask us to change it whenever you want. What your register sends (sales, purchases) is stored to show it to you and nothing else.
9. Apple, Google and availability
- The card runs on Apple Wallet and Google Wallet, which are third-party services with their own rules. If either one changes its terms, fails or rejects a pass, we will do what is reasonable to adapt, but we can't guarantee how they behave.
- We work to keep elay available at all times, but there may be maintenance or outages. We will give notice when we can.
10. Ownership
elay, its name, design and software are ours. Your logo, colors, texts and customer list are yours; you only give us permission to use them in your card and your kit materials (poster, table tent) while you use the service. You confirm that you have the right to use the logo and images you upload.
11. Limitation of liability
To the maximum extent permitted by applicable law:
- elay is provided as is and as available, without warranties other than those stated in these terms.
- We are not liable for lost profits, lost sales or customers, loss of data caused by third parties, or indirect damages.
- For any claim, our total liability is limited to what you paid for the service in the last 3 months.
Nothing in these terms limits liability that the law does not allow to be limited.
12. Third-party claims
If one of your customers, an authority or anyone else brings a claim against elay because of your program, your notifications, your rewards, the content you uploaded or your failure to comply with the law of your country, you will take responsibility for that claim and its reasonable costs, to the extent the law allows.
13. Changes to these terms
We may update them. If the change is significant, we let you know by email at least 15 days in advance. Continuing to use elay after that date means you accept the new version.
14. Governing law and jurisdiction
These terms are governed by the laws of the Plurinational State of Bolivia. Any disagreement will first be addressed through direct conversation; if no agreement is reached, it will be submitted to the courts of Santa Cruz de la Sierra. This does not take away any rights that the law of your country grants you and that cannot be waived, or your right to bring a complaint before its authorities where that law allows it.
15. Other rules
- If any part of these terms is not valid in your country, the rest still applies.
- If we don't enforce a rule at some point, that doesn't mean we waive it.
- You may not transfer your account to another business without telling us. We may transfer this agreement if elay merges or is acquired, keeping these conditions.
- These terms, the privacy policy and the published prices are the entire agreement between you and elay.
- They are available in Spanish and English. If the two versions differ, the Spanish version prevails, unless the law of your country requires otherwise.