1. PREAMBLE
These Terms of Service ("Terms") govern the access to and use of the platform Yalt ("the Platform"), a product of MAGICAL INSIGHTS, a company registered under Portuguese law with NIPC 517 845 164, headquartered at Rua 1º De Maio 81 Loja E Piso 1, 7300-205 Portalegre, Portugal ("Magical Insights," "we," or "us").
By using our services, you ("the Client") agree to be bound by these Terms.
2. DEFINITIONS
"Platform": the web and mobile interface provided by Magical Insights to operate loyalty programs and marketing campaigns."Client": the business entity subscribing to our services."Marketplace": the Yalt app and website where client loyalty programs and campaigns may be displayed."API": any application programming interface made available by Magical Insights to access or integrate with the Platform."White-label App": a customized version of the Platform provided under the Client’s brand identity.
3. ACCESS AND USE
Clients must be legally registered entities. Each Client is responsible for all activities conducted under their account and agrees to maintain the confidentiality and security of their login credentials. Clients must notify Magical Insights immediately of any unauthorized use of their account.
The Platform may require compatible devices, internet access, and certain software; periodic updates may also be required. You agree to be responsible for any hardware, software, and connectivity required to use the Platform.
4. SUBSCRIPTIONS
We offer monthly and annual subscriptions. Subscriptions automatically renew at the end of each term unless cancelled in advance. Cancellations become effective at the end of the current billing cycle and must be performed via your account settings or by contacting support.
A free trial period may be available. At the end of the trial, you will automatically be enrolled in the chosen subscription unless cancelled beforehand. No refunds are provided for partial periods or unused services.
5. PRICING AND PAYMENT
All prices are communicated on our website or during contract negotiation. Payments are due in advance of each billing period. Failure to process payment may result in suspension or termination of service. Fees do not include applicable taxes unless otherwise stated.
You agree to provide valid and updated payment information and authorize Magical Insights to charge all fees incurred through your account.
6. DATA OWNERSHIP AND RETENTION
Data collected directly through the Platform (e.g. user registration, marketplace interactions) is the property of Magical Insights.Data collected via white-label apps and POS integrations is owned by the Client. The Client must ensure compliance with applicable data regulations and maintain their own terms and policies.
Upon cancellation, client data is retained for 90 days and then permanently deleted. Clients are responsible for exporting their data within this window. Data can be exported by contacting support.
7. THIRD-PARTY SERVICES
Yalt integrates with third-party platforms (e.g. POS systems, CRM tools, marketing software). Magical Insights is not liable for the accuracy, availability, or performance of these third-party services. Use of such services is governed by their own terms and conditions.
8. USAGE RESTRICTIONS
Clients agree not to:Use the Platform for any unlawful, abusive, or fraudulent activities;Resell, sublicense, or distribute Platform access without written authorization;Reverse engineer or attempt to extract source code;Use the Platform to compete with Magical Insights or develop similar services.
Violations may result in immediate termination.
9. TERMINATION
Magical Insights may suspend or terminate access in the event of non-compliance, payment failure, or unlawful use. Clients may terminate their subscription at any time; access will continue until the end of the billing term.
Upon termination, Client data may be exported during the 90-day retention period.
10. LIMITATION OF LIABILITY
The Platform is provided "as is" without warranties of any kind. Magical Insights shall not be liable for indirect, incidental, punitive, or consequential damages arising from the use or inability to use the Platform.
Our total liability shall not exceed the amount paid by the Client in the last 30 days preceding the incident.
11. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of Portugal. All disputes shall be resolved by the competent courts of Lisbon.
12. CHANGES TO TERMS
We reserve the right to update these Terms. Clients will be informed of changes via email or Platform notification. Continued use of the Platform after such notification constitutes acceptance.
13. COMMUNICATION
You agree to receive communications from us electronically, including service announcements, administrative messages, and newsletters. These communications are part of your relationship with us. You may manage preferences or unsubscribe via your account or communication footer.
14. CONFIDENTIALITY
Each party agrees to maintain the confidentiality of all proprietary or confidential information disclosed during the course of service usage. Confidentiality obligations survive for two (2) years post-termination and exclude information that is:Publicly known at the time of disclosure;Lawfully received from another source;Independently developed without reference to the confidential material;Required to be disclosed by law or regulation.
15. GDPR PROVISIONS
Magical Insights complies with Regulation (EU) 2016/679 (GDPR) and acts as:Data Controller for data collected via the Platform and Marketplace.Data Processor for data provided by the Client through POS or white-label apps.
Clients must ensure valid consent has been obtained from their end users where required. Magical Insights will implement technical and organizational measures to secure personal data and support Client obligations under GDPR.
Data subjects may request access, rectification, or deletion by contacting support. We may also redirect such requests to the Client when appropriate.
16. API USAGE
Magical Insights may provide APIs to facilitate integration with third-party systems. API access is subject to usage limitations and rate limits defined in documentation. Clients may not share API keys or use the API in ways that would cause harm or service degradation.
We reserve the right to revoke API access in the event of abuse, excessive usage, or violation of these Terms.
17. BRANDING AND WHITE-LABEL RIGHTS
Where applicable, Clients may use the white-label version of the Platform under their own branding. All intellectual property rights to the underlying Platform remain with Magical Insights. Custom branding does not confer any rights of ownership or transfer.
Clients may not remove or obscure Yalt or Magical Insights notices unless expressly authorized.
18. SERVICE LEVEL AND UPTIME
Magical Insights aims to provide high service availability but does not guarantee any specific uptime. The Platform may occasionally be unavailable due to maintenance, updates, or technical issues. We will make commercially reasonable efforts to notify Clients in advance of planned interruptions.
19. BETA FEATURES DISCLAIMER
From time to time, we may offer features marked as “beta,” “preview,” or similar. These features are provided for evaluation purposes only and may be incomplete or unstable. Magical Insights does not guarantee the performance or availability of such features and may modify or remove them at any time.
Use of beta features is at the Client’s own risk.
20. SUPPORT SERVICES
Magical Insights provides standard support services during business hours (Portugal timezone), including assistance via email and in-app chat. Response times may vary based on issue severity and subscription level. Support does not cover integration with unsupported third-party services or development of custom code unless contractually agreed.
21. PUBLICITY RIGHTS
You grant Magical Insights the right to use your company name, logo, and public description of your use case in marketing materials, presentations, and on our website, unless explicitly prohibited in writing. Any confidential data or internal metrics will not be disclosed.
22. CAMPAIGN FEES AND FAIR USE
The Platform enables the sending of email, push notifications and SMS campaigns. These services are billed separately based on usage volume and destination.
Your plan might include some gratuity in the plans. Usage outside of that gratuity level, and without any other agreements, the consumables are billed as follow:
- 0.09€ per SMS credit.
- 0.005€ per Email Sent.
- 0.005€ per Push notification.
Clients are responsible for all charges incurred under their account, including but not limited to messaging costs and overage fees.
23. SMS CREDIT CONSUMPTION RULES
The number of SMS credits consumed by a message depends on several factors, including the message content and the recipient's country code.
Message Content: A standard SMS credit is consumed for messages containing up to 160 characters in the GSM-7 character set (the standard character set for SMS). If a message contains characters outside of this set, such as emojis or non-supported characters that require UTF-16 encoding, the message will be sent as a Unicode SMS, and the credit consumption will be doubled (i.e., 2 credits for a message that would normally consume 1 credit).
Recipient's Country Code: The number of SMS credits consumed also varies depending on the recipient's country code, reflecting the varying costs charged by telecommunication operators for delivering SMS to different countries. Specifically:
- Portugal, France: 1 credit per SMS
- Italy, Spain, Germany, UK, Angola: 2 credits per SMS
- All other countries: 4 credits per SMS
By charging credits based on the cost of delivery, we ensure that our pricing accurately reflects the costs incurred by our platform in sending SMS to different destinations.
24. FAIR USE
Abuse of the campaign system (e.g. spam, phishing, or excessive sending to invalid contacts) is strictly prohibited. Magical Insights reserves the right to throttle or suspend accounts engaging in abusive activity.