Valid as of August 26, 2016
This User Agreement (“Agreement”) is a contract between you and Bad Mamu Inc. (“Company”) and applies to your use of TipWorthy products and services and any other TipWorthy features, technologies, and/or functionalities offered by Company on our mobile application or through any other means (the “TipWorthy Services”). The TipWorthy Services are provided to you subject to this Agreement.
A. THIRD PARTY AGREEMENTS
TipWorthy uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/payment-services-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/bank-agreement-us.
You acknowledge and agree that this Agreement is between you and Company, not with any third party (including, but not limited to PayPal, Dwolla or Braintree), and that Company is solely responsible for the TipWorthy Services. Your use of the TipWorthy Services may be subject to separate agreements you may enter into with your payment processor or your mobile device manufacturer, your wireless carrier or other network provider. Third party payment processors such as PayPal, Dwolla or Braintree, any other product or service provider related to your mobile device service are collectively referred to as “Covered Third Parties.” You agree to comply with all applicable third party terms of agreement when using the TipWorthy Services. Company is not a party to those agreements and has no responsibility for the products and services provided by third parties.
B. TIPWORTHY SERVICE TERMS
1. Terms for TipWorthy Services
The TipWorthy Services allow you to make and receive tips from third parties. A tip is defined as money given to one who provides services, generally as a reward for the service provided and as a supplement to the service provider’s income. All money transmission is provided by PayPal and Dwolla, both of whom are licensed providers of money transfer services. All money transmission are pursuant to PayPal, Inc.’s and Dwolla, Inc.’s licenses.
a. Eligibility and Account Registration
b. Types of Accounts
We offer two different types of accounts, tipper and receiver accounts. Tipper accounts allow you to show gratuity for merchant services in the form of a tip. You may be limited on how much you can spend. We may require that you provide more information in order to complete a transaction. Tipper accounts are not able to receive tips.
Receiver accounts allow you to make and receive tips. By opening a merchant account and accepting the terms as outlined in this Agreement, including, but not limited to, you attest that you will only use this app to collect tips and not payments for goods or services. We may reverse or place a hold on your transactions or place a reserve on your funds if you are in breach of this Agreement.
c. Identity Authentication
You hereby authorize Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information and, for business accounts, your company or employer. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.
d. Transaction History
You have the right to receive an account statement. You may view your account statement by logging into your TipWorthy account on your mobile device.
Any tip provided is purely for rewarding purposes and does not imply that additional services will be provided or owed to either party. Tipping another user is done voluntarily. Company has no responsibility for the actions of your tip receiver or for the subject of the tip. We do not guarantee the identity of any user of the TipWorthy Services or that a receiver can or will complete a transaction.
i. Information Exchange
By signing up for TipWorthy you agree to share the following information with users you tip:
– first name provided on account
– picture (if provided)
– amount you tipped
We do not confirm any of these pieces of information and it is your responsibility to ensure these items appropriately represent you. If you want to keep your tips anonymous you may change your first name to “anonymous”.
ii. Funding Sources
In order to tip someone you must have money in your TipWorthy account balance.
If you are a a tipper your TipWorthy balance includes any money you have added via PayPal or your credit card.
If you are a receiver your TipWorthy balance includes any money you have added via PayPal or your credit card as well as any money received as tips that you have not requested to be paid out. (See section Receiving Tips.)
When you make a payment through the TipWorthy Services, we first see if your TipWorthy balance can cover the transaction. If it can not we will deny the tip, but allow you to reload your balance via PayPal or credit card.
iii. Sending Limits
We may, at our discretion, impose limits on the amount of money you can send or receive through the TipWorthy Services. Please see our FAQ for more details on limits. These limits may change from time to time in Company’s sole discretion. You may not send money to your own account.
iv. Funding Source Limitations
In order to manage risk, Company may limit the funding sources available for your use to fund any particular transaction. For example, we may limit your funding sources for a particular transaction to credit cards or your paypal account.
Please note that the various funding sources have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory. Your dispute resolution rights are determined by the funding source used to fund your transaction.
v. Credit Card Processing
Company will process your credit card-funded transactions through Braintree.
vi. Credit Card Information
If your credit card account number changes or your credit card expiration date changes, we may acquire that information from our financial services partner and update your account accordingly.
vii. Fees for loading your TipWorthy balance
There are fees associated with putting money in your TipWorthy account. They will depend on how you fund it and are listed in our FAQ page. These fees are non-refundable.
viii. Inappropriate use of tipping
If you use this app for any other purpose then tipping, or if you use it with expectation that you will receive goods or services in exchange, your account will be deactivated.
At any time you can request a refund of unused funds in your TipWorthy account balance by sending an e-mail to firstname.lastname@example.org.
You can not request a refund for any tips already made. It is the users responsibility to ensure they are tipping the correct receiver and making the decision that they voluntary want to tip the receiver.
x. Account Errors
If your account history shows transfers you did not make, e-mail us at email@example.com. You must dispute within 30 days.
f. Receiving Tips
Any tip received is purely for rewarding purposes and should not be used in exchange for goods or services. There is no additional contract or obligation created by a tip, nor can there be any retaliation on the part of the receiver for a tip. The amount provided in a tip is purely at the discretion of the tipper. Company has no responsibility for the actions of your tipper or for the subject of the tip. We do not guarantee the identity of any user of the TipWorthy Services.
A user can find you to tip you by either your TipWorthy ID or location based lookup, if your mobile device provides this service and you opt-in. The Company does not guarantee location based lookup accuracy nor availability. The Company is not responsible for advertisement or sharing of your TipWorthy ID.
i. Information Exchange
By signing up for TipWorthy you agree to share the following information with tippers:
– first name provided on account
– picture (if provided)
We do not confirm any of these pieces of information and it is your responsibility to ensure these items appropriately represent you.
ii. Notification of Tips and Account Balance Update
Every time you get tipped you will receive a notification on your mobile device if you have accepted this service. It will also show up in your transaction history. Your account balance will immediately get adjusted to include the amount you were tipped.
iii. Pay Outs and Fees
As soon as your balance reaches above $.03 you can request a payout. At this point it is required that you provide an e-mail address associated with a PayPal or Dwolla account. When you request the payout we will reduce your TipWorthy account balance to 0 and your PayPal or Dwolla account will be credited with 24 hours.
It is the receivers responsibility to ensure your e-mail address is correct in our system, the company is not liable for incorrect e-mail addresses. The company is also not responsible for setting up the receiver’s PayPal or Dwolla account. If you provide an e-mail address that does not exist in the specified service, PayPal or Dwolla will send you an e-mail with instructions to create an account and will hold your money until you do. The Company is not responsible for unclaimed funds. Your rights are determined by PayPal or Dwolla, whomever you choose. When you transfer money from your TipWorhty balance to your linked PayPal/Dwolla account, your payment processor will govern the transfer.
In most cases there will be a fee associated with requesting a pay out. Receivers will be notified at the time of requesting a Pay Out if there is a fee and then amount and then can determine if they want to request a Pay Out. For a full list of current fees please refer to our FAQ page.
iv. Pay Out Limits
Please see our FAQ for more details on limits, including any applicable withdrawal limits. We reserve the right to delay withdrawals while we screen for risk, or request you provide additional information to verify your identity and we may limit the amount you can withdraw until the information is verified.
iv. Risk of Reversals, Chargebacks and Claims
When you receive a tip, you are liable to Company for the full amount of the tip plus any fees if the tip is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the tip, plus applicable fees if you lose a claim or a chargeback. If a sender of a tip later disputes the tip or files a claim for a tip, the credit card issuer or the originating bank, not Company, will determine whether the dispute is valid and to whom payment is due. You agree to allow Company to recover any amounts due to Company by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Company through other means. If Company is unable to recover the funds from your primary funding source, Company may attempt to contact you, Company may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.
f. Tip Investigation
Tip investigation is a process by which Company reviews certain potentially high-risk transactions. If a tip is subject to an investigation, Company will place a hold on the tip and may provide notice to the recipient. Company will conduct a review and either clear or cancel the tip. If the tip is cleared, Company will provide notice to the recipient. Otherwise, Company will cancel the tip and the funds will be returned. Company will provide notice to the tipper by email and/or in the account history tab of your TipWorthy account if the tip is canceled.
h. Closing Your Account
g. Account Balances
Company is not a bank or other chartered depository institution. Funds held by Company or its service providers (including any bank service providers) in connection with the processing of transactions are not deposit obligations and are not insured for the benefit of the user by the Federal Deposit Insurance Corporation or any other governmental agency. Funds held in balance are an ancillary function of enabling money transmission and not for other benefit.
ii. Assignment of Interest to Company
You agree that you will not receive interest or other earnings on the funds that Company handles and places in pooled accounts. Company does not typically receive interest on funds held for its users. However, in consideration for your use of the service, you irrevocably transfer and assign to Company any ownership right that you may have in any interest that may accrue on funds held in pooled accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants Company any ownership right to the principal of the funds you maintain with Company.
iii. Negative Balances
If the balance in your account is negative for any reason, Company may set off the negative balance by deducting amounts you owe Company from money you receive into your account, or money you attempt to withdraw or send from your account. You agree to allow Company to recover any amounts due to Company by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse Company through other means. If Company is unable to recover the funds from your primary funding source, Company may attempt to contact you, Company may recover the funds from your alternate funding sources, or may take other legal actions to collect the amount due, to the extent allowed by applicable law.
iv. Setoff of Past Due Amounts
If you have a negative balance or other past due amount to Company, Company may make attempts on your funding source to cover the amounts. If Company is unable to recover the funds from your primary funding source, Company may attempt to contact you, Company may recover the funds from your alternate funding sources, or may take other legal actions to collect any amounts that are more than 14 days past due, to the extent allowed by applicable law.
v. Security Interest
To secure your performance of this Agreement, you hereby grant to Company a lien on and security interest in your account and agree to execute any further documentation to perfect these Company rights.
i. How to Close Your Account
As long as there are no pending or in progress transactions, you may close your account at any time. You may close your account by e-mailing the Company at firstname.lastname@example.org.
j. Limitations on Closing Your Account
You may not close your account to evade a payment investigation. If you attempt to close your account while we are conducting an investigation, we may hold your funds for up to 180 days to protect Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your account even after the account is closed.
i. Item Hold
Company, in its sole discretion, may place a hold on a payment you receive for a transaction when Company believes there may be a high level of risk associated with the transaction. If Company places a hold on your payment, it will show as “pending” in your TipWorthy account.
i. Release of Item Hold
Company will release the payment hold after 21 days unless we receive a dispute, claim, chargeback, or reversal on the transaction subject to the hold. Company may release the hold earlier if the sender of funds provides us confirmation, Company is able to confirm proper delivery, or Company otherwise completes its investigation.
ii. Additional hold period
If you receive a dispute, claim, chargeback, or reversal on the transaction subject to the item hold, Company may hold the payment in your account until the matter is resolved pursuant to this Agreement.
j. Account Hold and Reserves
For high volume accounts, Company may, in its sole discretion, place a reserve on funds held in your account when it believes there may be a high level of risk associated with your account. If your account is subject to a reserve, Company will provide you with notice specifying the terms of the reserve. The terms may require that a certain percentage of the amounts received into your account are held for a certain period of time, or that a certain amount of money is held in reserve, or anything else that Company determines is necessary to protect against the risk associated with your account. Company may change the terms of the reserve at any time by providing you with notice of the new terms.
Upon termination of this Agreement for any reason, we have the right to prohibit your access to the TipWorthy Services, including without limitation by deactivating your username and password, and to refuse future access to the TipWorthy Services by you.
Any and all promotions applied to your account hold no cash value and may be subject to rules and or restrictions, including but not limited to expiration. The company reserves the right to modify, suspend or terminate the availability of any promotion at any time for any reason.
C: MOBILE APPLICATIONS
1. Third Party Operating System Providers, Phone Manufacturers, and Wireless Carriers
The TipWorthy mobile application works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Company is solely responsible for providing maintenance and support services for the TipWorthy Services. Covered Third Parties have no obligation to provide maintenance or support services for the TipWorthy Services.
Covered Third Parties have no warranty obligations whatsoever with respect to the TipWorthy Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the TipWorthy Services to conform to any warranty provided by Company, if any, will be Company’s sole responsibility.
Company, not any Covered Third Parties, is responsible for addressing any claims relating to the TipWorthy Services, including, but not limited to: (i) product liability claims; (ii) any claim that the TipWorthy Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) intellectual property claims. Please see the Contact Us section below for how to contact Company.
If you are using the TipWorthy Services on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the Services.
2. Services via SMS or Mobile Data
The TipWorthy Services allow you to send and receive tips through your mobile phone via SMS or mobile data plan. If you use the Services on your mobile phone, you are responsible for any fees that your phone service provider charges for SMS, data services, etc. Your phone service provider is not the provider of the TipWorthy Services.
D. GENERAL TERMS AND CONDITIONS.
1. Notices to Company
Notice to Company must be sent by postal mail to:
150 E 27th St. Apt LB
New York, NY 10016
2. Notices to You
You acknowledge and agree that we will provide the notice to you in accordance with our Consent to Receive Electronic Disclosure Policy. If you do not consent or at any time withdraw your consent to receive electronic notices from us, we reserve the right to close your accounts.
3. Business Days
“Business Days” means Monday through Friday, excluding Holidays. “Holidays” means New Year’s Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25).If a Holiday falls on a Saturday, Company shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday, Company shall observe the Holiday on the following Monday.
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Company is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
Protecting your privacy is very important to us.
If you receive information about another TipWorthy user through the TipWorthy Services, you must keep the information confidential and only use it in connection with the service. You may not disclose or distribute a TipWorthy user’s information to a third party or use the information for marketing purposes unless you receive the user’s express consent to do so.
6. Children’s Privacy
Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow anyone under 18 to register for the TipWorthy Services. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal or payment information to us through the TipWorthy Services. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at the information provided below in the “Contact Us” section.
7. TipWorthy Websites
The Company’s TipWorthy websites may feature third party offers and enable product searches. Company does not warrant that product descriptions, pricing, search results, user ratings and reviews or any other content on Company websites is accurate, complete, reliable or current. This information is provided for informational purposes only and does not constitute an endorsement by Company of any product, service or vendor.
8. Intellectual Property
“TipWorthy”, and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of Company or its licensors. You may not copy, imitate or use them without Company’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Company through our vendor services, SMS tools, promotional tools or affiliate programs without prior written consent for the purpose of directing web and SMS traffic to the service. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Company or the Service or display them in any manner that implies Company’s sponsorship or endorsement. All right, title and interest in and to the TipWorthy website and any content thereon is the exclusive property of Company and its licensors.
Certain other product or service names, brand names and company names may be trademarks of their respective owners.
9. Calls to You
By Providing Company a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls from Company at that number should the need arise. However, we will never call you for promotional purposes.
10. Resolution Procedures for Unauthorized Transactions and Other Errors
a. Protection for Unauthorized Transactions and Other Errors
When an Unauthorized Transaction (defined below) or Other Error (defined below) occurs in your account, including Unauthorized Transactions that occur because your TipWorthy mobile-activated phone has been lost or stolen, Company will cover you for the full amount of every eligible Unauthorized Transaction or Other Error as long as you follow the procedures discussed below.
An “Unauthorized Transaction” is a type of error that occurs when money is sent from your account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your account, and sends a payment from your account, an Unauthorized Transaction has occurred. However, if you give someone access to your account (for example, by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use. Such transactions are not considered Unauthorized Transactions.
In addition, “Other Errors” occur when money is either incorrectly credited to your account or incorrectly debited from your account, or when transactions are incorrectly recorded in your account. Other Errors that are covered by Company are limited to the following events: (i) if you send a payment and we debit an incorrect amount from your account; (ii) if we credit an incorrect amount to your account; (iii) if a transaction is missing from or not properly identified in your account statement; and (iv) if there is a computational or mathematical error by Company. Routine inquiries about your balance or the status of a pending transfer into or out of your account are not considered Unauthorized Transactions or Other Errors unless you expressly notify us of an Unauthorized Transaction or Other Error in connection with the transfer. Requests for information for tax or other recordkeeping purposes and requests for duplicate documentation also are not deemed to be Unauthorized Transactions or Other Errors. You may request documentation or information regarding your account or transaction to determine whether an Unauthorized Transaction or Other Error exists by contacting us through the “Contact Us” link on the TipWorthy website.
b. Notification Requirements
You should immediately notify Company if you believe:
There has been an Unauthorized Transaction, unauthorized access to your account, or the occurrence of an Other Error;
There is an error in your transaction history or your transaction confirmation sent to you by email;
Your password has been compromised;
Your TipWorthy mobile-activated phone has been lost, stolen or deactivated; or
You need more information about a transaction listed in your transaction history or transaction confirmation email.
To be eligible for 100% protection for Unauthorized Transactions sent from your account, you must notify us within 60 days after any Unauthorized Transaction or Other Error first appears in your account statement. If you do not tell us within 60 days after the account statement was made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
You should regularly log into your account and review your transaction history to ensure that there has not been an Unauthorized Transaction or Other Error. Company will also send an email to the primary email address on file in order to notify you of each transaction from your account. You should review these emails to ensure that each transaction was authorized and is accurate.
For Unauthorized Transactions or Other Errors in your account, notify us as follows:
By writing to us through http://tipworthy.co under the “Contact Us” tab; or
By emailing us at email@example.com; or
By writing to:
150 E 27th St. Apt LB
New York, NY 10016
When you notify us, provide us with all of the following information:
Your name, and the email address and phone number registered to your account;
A description of any suspected Unauthorized Transaction or Other Error and an explanation of why you believe it is incorrect or why you need more information to identify the transaction; and
The dollar amount of any suspected Unauthorized Transaction or Other Error.
If you notify us orally, we may require that you send us written confirmation within 10 Business Days. During the course of our investigation, we may request additional information from you.
c. Company Actions After Receipt of your Notification
Once you notify us of any suspected Unauthorized Transaction or Other Error, or we otherwise learn of one, we will do the following:
We will conduct an investigation to determine whether there has been an Unauthorized Transaction or Other Error that is eligible for protection.
We will complete our investigation within 10 Business Days of the date we received your notification of the suspected Unauthorized Transaction or Other Error. If your account is new (the first transaction from your account was less than 30 Business Days from the date you notify us), we may take up to 20 Business Days to complete this investigation. If we need more time, we may take up to 45 days to complete our investigation (or up to 90 days for new accounts).
If we decide that we need more time to complete our investigation, we will provisionally credit your account for the amount of the suspected Unauthorized Transaction or Other Error. You will receive the provisional credit within 10 Business Days of the date we received your notice (or 20 Business Days for new accounts). This will allow you to have use of the money until we complete the investigation. We will notify you of the provisional credit within 2 Business Days of the crediting. If we ask you to provide written confirmation and we do not receive it within 10 Business Days (or 20 Business Days for new accounts), we will not provisionally credit your account.
We will inform you of our decision within 3 Business Days after completing our investigation. If we determine that there was an error, we will promptly credit the full amount of the error into your account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.
If we decide that there was not an Unauthorized Transaction or Other Error, we will include an explanation of our decision in our email or other communications to you. If you received a provisional credit, after giving you 5 Business Days advance notice of the date and amount of the debit, we will remove it from your account. You may request copies of the documents that we used in our investigation.
d. Processing Errors
We will rectify any processing error that we discover. If the error results in your receipt of less than the correct amount to which you are entitled, Company will credit your account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, Company will debit the extra funds from your account. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable for your losses or damages directly caused by this failure, unless: (a) through no fault of ours, you did not have enough available funds to complete the transaction, (b) our system was not working properly and you knew about the breakdown when you started the transaction, or (c) circumstances beyond our control (such as fire, flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.
11. Restricted Activities
In connection with your use of our website, your account, or the TipWorthy Services, or in the course of your interactions with Company, a user or a third party, you will not:
– Breach this Agreement, the card processing Agreement, or any other Agreement that you have entered into with Company (including a policy);
violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
– infringe Company’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
– provide false, inaccurate or misleading Personal Information;
– create more than one TipWorthy account for yourself, through, among other methods, using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified Personal Information;
– send or receive what we reasonably believe to be potentially fraudulent funds;
– refuse to cooperate in an investigation or provide confirmation of your identity or any Personal Information you provide to us;
– attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both Company and the recipient of funds, bank, or credit card issuer for the same transaction;
– control an account that is linked to another account that has engaged in any of these restricted activities;
– conduct your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Company, a user, a third party or you;
– have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the services;
– use your account or the services in a manner that Company, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
– allow your TipWorthy account to have a negative balance;
– disclose or distribute another TipWorthy user’s Personal Information to a third party, or use the information for marketing purposes unless you receive the user’s express consent to do so;
– take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
– facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
– use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
– use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the services;
– take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
– use the TipWorthy Service to test credit card behaviors.
12. Acceptable Use
You agree you will not use the TipWorthy Services to sell any items. The services you are getting tipped for also may not violate any law, statute, ordinance, or regulation relating to:
– counterfeit goods;
– narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
– drug paraphernalia;
– items that encourage, promote, facilitate or instruct others to engage in illegal activity;
– items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
– items that are considered obscene;
– items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
– certain sexually oriented materials or services;
– ammunition, firearms, or certain firearm parts or accessories; or
– certain weapons or knives regulated under applicable law;
Relating to transactions that:
– show the personal information of third parties in violation of applicable law;
– attempt to obfuscate the origination of a tip by passing money between multiple accounts;
– are by payment processors to collect payments on behalf of merchants;
– involve currency exchanges or check cashing businesses or digital currencies such as bitcoins;
– provide certain credit repair or debt settlement services involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
– are otherwise related to illegal activity, gambling, pornography, obscene material or otherwise objectionable content or activities,;
13. Your Liability – Actions We May Take
You are solely responsible for ensuring that your use of the TipWorthy Services is in conformance with applicable federal, state and local laws and regulations. By using the TipWorthy Services, you warrant and represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
a. Your Liability
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Company, a TipWorthy user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the TipWorthy Services. You agree to reimburse Company, a user, or a third party for any and all such liability.
You acknowledge that you are responsible for the accuracy of all payments sent using the TipWorthy Services, including but not limited to the accuracy of the amount paid and the recipient. Company shall not be responsible or in any way held liable due to inaccurate payments, including but not limited to sending an incorrect amount of money or sending money to an incorrect recipient.
b. Actions by Company
If we have reason to believe that you have engaged in any restricted activities, made excessive or unexplainable transactions, violated any parts of this Agreement or provided any incorrect information, we may take various actions to protect Company, another TipWorthy user, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
We may close, suspend, or limit your access to your account or the TipWorthy Services (such as limiting access to any of your funding sources, and your ability to send money, make withdrawals, or remove financial information);
we may contact users who have sent you money, contact your bank or credit card issuer, and warn other users, law enforcement, or impacted third parties of your actions;
may update inaccurate information you provided us;
we may refuse to provide our TipWorthy Services to you in the future;
we may hold your funds for up to 180 days if reasonably needed to protect against the risk of liability; and
we may take legal action against you.
Company, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
14. Account Closure, Termination of Service, or Limited Account Access
If we limit or close your account or terminate your use of our Services for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, restoration is at our sole discretion.
You may stop using the TipWorthy Services at any time or may close your accounts by contacting us. Company, in its sole discretion, reserves the right to terminate the TipWorthy Services, to terminate this Agreement, or to terminate your access to the TipWorthy Services for any reason and at any time. If we terminate or limit your use of our TipWorthy Services for any reason, we will use commercially reasonable efforts to provide you with notice of our actions.
15. Policy Violation – User Fines
If Company incurs any damages because you violate our policies, break any laws, or otherwise cause Company to suffer any damages or incur any expenses then we may hold your funds up to 180 days, fine you for each such violation and take legal action against you to recover additional losses, investigation costs, fines, or legal fees we may incur. You acknowledge and agree that a fine of US $2,500.00 for violations of our Agreement is presently a reasonable minimum estimate of Company’s damages, considering all currently existing circumstances, including the relationship of the sum to the range of harm to Company that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. Company may deduct such fines directly from any existing balance in the offending account, or any other TipWorthy account you control.
16. Disputes with Company
a. Dispute with Company
If a dispute arises between you and Company, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Company regarding our services may be reported by emailing us at the following email address: firstname.lastname@example.org
b. Law and Forum for Disputes; Arbitration
This User Agreement shall be governed in all respects by the laws of the State of New York, without regard to conflict of law provisions, except to the extent that federal law applies.
ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. The forum for arbitration shall be in the city closest to your residence having a federal district courthouse. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this User Agreement including, but not limited to, any claim that all or any part of this User Agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any non-frivolous claim, Company will pay the costs of the arbitration (but not your attorney fees), up to $3,000.
This User Agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings.
There are only two exceptions to this agreement to arbitrate. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in New York City, New York, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within New York City, New York for the purpose of litigating such claims or disputes.
c. Waiver of Right to Jury; Class Action Waiver
TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
17. Liability of Company for Failure to Complete Transfers
If Company does not complete a transfer to or from your account, or using your saved payment information, on time or in the correct amount according to this Agreement, Company will be liable for your losses or damages to the extent required by law. Company will not be liable:
If, through no fault of Company’s, you do not have enough money in your balance, and Company is unable to charge the transaction to your linked credit card, for reasons including but not limited to you exceeding any applicable credit limit;
the funds in your account are subject to legal process or other encumbrance restricting their use;
If the TipWorthy Services were not working properly and you knew about the breakdown when you started the transfer;
If the failure results from a failure of a financial institution that issues the credit card or debit card linked to your account, or Company is unable to access a linked credit card for any reason other than due to Company’s fault;
If you provided inaccurate or incomplete information regarding the transfer;
If the transfer appears suspicious, fraudulent, or unauthorized, and Company cannot confirm that it is a legitimate transfer, or if the account of either user involved in the transfer is under investigation by Company or if the transfer is or appears to be prohibited by any applicable law or rules
18. Disclaimers of Warranty; Damages Exclusions
Unless otherwise prohibited by law, you assume all responsibility for your use of the TipWorthy Services and use them at your own risk. To the fullest extent permissible under applicable law, all such representations, warranties, guarantees and conditions are disclaimed, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of intellectual property rights, or other terms which might otherwise be implied by statute, common law or in equity. Company does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the services, or the servers that process information for the services, are free of viruses, bugs or other harmful components. On behalf of Company, Covered Third Parties, and each of our respective affiliates, vendors, agents and suppliers, Company makes the following disclaimers set forth in this section: the services are provided on an “as is”, “as available” and “with all faults” basis, without any representations, warranties, guarantees, or conditions of any kind, express, implied or statutory, including, but not limited to, any warranty as to the use or operation of the services, or the information, content or other materials related to the services, whether provided by Company or any of the Covered Third Parties. Neither Company nor any of the Covered Third Parties warrant nor make any representations regarding the use or the results of the services in terms of correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost of all necessary maintenance, repair, or correction to any equipment you use in accessing any of the services, including, but not limited to, your mobile phone or other device.
Neither Company, the Covered Third Parties nor any of their respective affiliates, vendors, agents or suppliers will be liable for, and you agree not to seek against any of the foregoing, any damages of any kind arising from the use of the services, including, but not limited to, indirect, special, incidental, punitive, exemplary, consequential damages or damages resulting from the use of service, loss of use of the service, lost data, lost profits, or business interruption arising out of or in any way connected with the use of the services, any delays in the services, or the inability to use the services, or any portion thereof, whether based on contract, tort, negligence, strict liability or otherwise, even if all or any of us have been advised of the possibility of such damages and even if any remedy fails of its essential purpose.
Company does not have any control over any services that are tipped for with our application.
Company will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Company makes no representations or warranties regarding the amount of time needed to complete processing because Company is dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
19. Limitations on Liability
Except as otherwise EXPRESSLY provided in this agreement, and to the extent permissible under applicable law, Company’s cumulative liability to you for any claims or damages arising out of or related to your use of the TipWorthy Services shall not exceed the greater of the fee you paid to Company for the use of the TipWorthy Services or $1.00 USD.
These limitations on liability apply to: anything related to a service or any application or content made available through any such service; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if: repair, replacement or a refund for the service does not fully compensate you for any losses; or Company or a Covered Third Party knew or should have known about the possibility of the damages.
These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.
Some states or other jurisdictions do not allow the limitation of liability so the foregoing limitations may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
20. License Grant
You agree to defend, indemnify and hold harmless Company and its parent, affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorneys fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the TipWorthy Services.
22. Assumption of Rights
If Company makes a payment to you for a claim, reversal or chargeback that you file with us against a recipient of your payment, you agree that Company assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in Company’s discretion.
23. Release of Company
If you have a dispute with one or more users relating to payment, Company is not responsible for any such dispute and you hereby release Company (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
24. Modification of Terms
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it unless it contains material changes. If we make changes to our Agreements with you that either reduce your rights or increase your responsibilities, we will provide 21 days notice to you before the changes become effective. By using the TipWorthy Services after a new Agreement has been posted, you agree to the revised Agreement.
In the event of termination of this Agreement or the TipWorthy Services, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.
26. Force Majeure
We shall not be liable for any delay or failure in the performance, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.
HOW TO CONTACT US
If you have questions or concerns regarding this Agreement or your TipWorthy account, please email us at email@example.com or mail us at:
150 E 27th St. Apt LB
New York, NY 10016