We provide Services including a user interface which allows Our business clients to offer their customers a way to leave digital tips for service providers via a QR code that can be scanned from a mobile device.
Processing Through Stripe
Your Use of the Services
Prohibited Uses of the Services
You agree not to:
Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Us, may harm the Company or users of the Services, or expose them to liability.
Use the Services in any way that infringes on the rights of others, or is illegal, fraudulent, or harmful.
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services.
Use any device, software, or routine that attacks or interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are hosted, or any server, computer, or database connected to the Services.
Attempt to interfere with the proper working of the Services.
Reproduce, modify, distribute, copy, capture, download, store, transmit, republish, create derivative works of, or publicly display, any Content from the Services or any part of the Services, other than by means of download or sharing in circumstances where We have elected to permit downloads and sharing of the relevant Content.
Alter or remove, attempt to alter or remove any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Services or any Content appearing on the Services (other than your Content).
Copy or adapt the object code of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than your Content and you agree not to allow any third party to do any of the foregoing.
Use any graphics, photographs, video or audio sequences, or illustrations separately from the accompanying text.
Use the Services to engage in any unsolicited or unauthorized advertising, promotional messages, spam, or any other form of solicitation.
Commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
Use the Services to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate any information or Content that is offensive, abusive, libelous, defamatory, obscene, racist, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, violates or is contrary to any law, rule, regulation, or court order, or is otherwise objectionable in the Company’s reasonable discretion.
The Services may allow users to provide feedback by, among other things, leaving star ratings, selecting pre-populated feedback phrases, or leaving freeform comments (“Feedback”) that We will provide to Our business clients and/or third-party service providers.
By providing any Feedback, you grant Company and Our affiliates and service providers, and each of their and Our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such Feedback.
You understand and acknowledge that you are responsible for any Feedback you submit or contribute, and you, not the Company, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the Content, accuracy, or appropriateness of any Feedback provided by you or any other user of the Services.
Feedback and Content Standards
Without limiting the foregoing, Feedback and Content must not:
Contain any material that is defamatory, obscene, indecent, abusive, harassing, violent, or hateful.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Intellectual Property Rights
The Services 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 the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws.
All related names, logos, product and service names, designs, and slogans are the intellectual property and/or trademarks of the Company or its affiliates or licensors. You must not use such intellectual property and/or marks without the prior written permission of the Company. All other related names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.
Payment, Taxes, and Fees
All financial transactions will be performed through Stripe, a third-party billing and payment platform. If any convenience fee will be charged to you when you use the Services, such fee will be disclosed on the Services interface.
Company may increase, modify or add new fees and charges for any of the Services from time to time by posting such changes on the Services interface. By using the Services or clicking a pay button you agree to pay all amounts due.
All tips received are considered as reportable income. Employers, employees, and users should consult with your tax advisor for any tax-related information or advice.
The Services are for sending and receiving tips only. Use of the Services for processing payments other than tips may cause the payment to be revoked, additional processing fees may be charged to you, and Company may take other action as Company, in Our sole discretion, deems appropriate.
All tips made through the Services are final and there shall be no refunds except as required by law. Further, Company will not allow changes to your tip payment after you complete it. Company may disable all access to the Services in the event you fail to make all payments when due.
Third Party Websites and Services
The Services may provide you with access to and/or integration with third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “Third Party Sites”).
The Company does not have or maintain any control over Third Party Sites and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any Third Party Sites, the Company does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such Third Party Sites.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Sites, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any Third Party Sites.
THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM YOUR USE OF THIRD PARTY SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST THE COMPANY WITH RESPECT TO THE CONTENT OR OPERATION OF ANY THIRD PARTY SITES.
THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE INTERFACE, ONLINE PLATFORM AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE SERVICES, INTERFACE, ONLINE PLATFORM OR OTHERWISE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SERVICES IS MADE ENTIRELY AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING OR ACCESSING THE SERVICES.
WHILE THE COMPANY USES REASONABLE EFFORTS TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO THE COMPANY’S ATTENTION, THE COMPANY MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE SERVICES, OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES, OR OTHER THIRD PARTY SITES.
THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR ANY INFORMATION OR CONTENT ON THE SERVICES.
THE SERVICES MAY CONTAIN STATEMENTS, INFORMATION, OR MATERIALS PROVIDED BY THIRD PARTIES. ALL STATEMENTS, INFORMATION, OR MATERIALS, AND OPINIONS EXPRESSED THEREIN, OTHER THAN THE CONTENT PROVIDED BY THE COMPANY, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE THIRD PARTY PROVIDING SUCH STATEMENTS, INFORMATION, OR MATERIALS, AND DO NOT NECESSARILY REFLECT THE OPINIONS OF THE COMPANY. THE COMPANY IS NOT RESPONSIBLE, OR LIABLE TO YOU OR TO ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY STATEMENTS, INFORMATION, OR MATERIALS PROVIDED BY ANY THIRD PARTIES.
THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SERVICES OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SERVICES WILL BE SECURE OR THAT ANY ELEMENTS OF THE SERVICES DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION.
COMPANY DOES NOT PROVIDE BUSINESS, TAX, OR LEGAL ADVICE OR REPRESENTATION TO ANYONE. COMPANY STRONGLY RECOMMENDS THAT ALL USERS CONSULT AN ATTORNEY, CPA, AND OBTAIN PROFESSIONAL ADVICE AND REPRESENTATION THAT IS APPROPRIATE TO HIS/HER PARTICULAR SITUATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, MEMBERS, AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, MEMBERS, AND SHAREHOLDERS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY INTERFACE OR CONTENT ON THE SERVICES, ANY WEBSITE LINKED TO THE SERVICES, OR ANY CONTENT ON SUCH OTHER WEBSITES OR THIRD PARTY SITES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR ANY INTANGIBLE LOSS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES.
This limitation shall apply regardless of whether the damages arise out of breach of contract, tort (including negligence), any form of error, or breakdown in the function of the Service, or any other legal theory or form of action.
ALTHOUGH NOT AN EXHAUSTIVE LIST AND WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, MEMBERS, AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR RELIANCE ON THE CONTENT OF THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICES;
(B) YOUR INABILITY TO ACCESS OR USE THE SERVICES OR ANY PART OR PARTS THEREOF, INCLUDING DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE, OR YOUR ABILITY TO ACCESS ANY CONTENT OR ANY THIRD PARTY SITES VIA THE SERVICES;
(C) ANY CHANGES THAT THE COMPANY MAY MAKE TO THE SERVICES OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SERVICES OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
(D) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTS HOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT, FEEDBACK, OR YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY THE COMPANY OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE SERVICES;
(E) ANY ERRORS OR OMISSIONS IN THE SERVICES’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
(F) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE OR COMPLETE INFORMATION;
(G) ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH;
(H) ANY LOSS OF PROFITS, INCLUDING THOSE CAUSED BY YOUR RELIANCE ON THE SERVICES, OR ANY LOSS YOU SUFFER WHETHER OR NOT IT IS FORESEEABLE.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST BE NOTIFIED TO THE COMPANY AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY’S LIABILITY WILL BE LIMITED ENTIRELY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Applicable Law and Jurisdiction
If you have a complaint about the Services, or if a dispute arises between you and Company, We encourage you to contact Us at email@example.com.
BY ENTERING INTO THESE AGREEMENTS, YOU ARE WAIVING YOUR RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, WAIVING YOUR RIGHT TO BRING OR PARTICIAPTE IN A CLASS ACTION LAWSUIT, AND YOU ARE AGREEING TO BINDING ARBITRATION.
ANY DISPUTE, CLAIM OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND COMPANY ARISING OUT OF OR RELATING TO THE SERVICES, THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN CHICAGO, ILLINOIS BEFORE ARBITRATOR(S). THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE CONSUMER ARBITRATION RULES OR COMMERCIAL ARBITRATION RULES, AS APPLICABLE. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Availability of Services
We may update, amend, change, discontinue, or withdraw the Services at any time in Our sole discretion with or without notice and with no liability to you. We make no guarantee that the Services will be available at all times or without interruption.
Limitation on Time to File Claims
Waiver and Severability