TIPBRIGHTLY TERMS OF SERVICE

Last Updated: May 10, 2024

Thank you for using TipBrightly. We are glad to have you as part of our community. These terms (these "Terms") apply to your use of the TipBrightly application (the “Application” or the “App”) and any related services (collectively, the "Services") of TipBrightly ("TipBrightly,” "we," "us" or "our").

Accepting these Terms

By clicking on the “I agree” button under these Terms of Service when you register as user of the Services and following updates to the Terms, you agree to be bound by the terms herein. Please make sure that you are well acquainted with and understand these Terms. If a term does not make sense to you, please let us know. If you do not agree with all of these Terms of Service, you may not access or use the Services.

Charges to these Terms

We may update these Terms of Services. For example, we may change these Terms if we release a new feature. If we make material changes, we will alert you by displaying a notice upon the first visit to your account following the Terms’ update. We will ask you to familiarize yourself with the changes and either affirmatively accept them or reject them by clicking on the respective choice button. Should you reject the updates, your access to the Services will be discontinued.  A 30-day notice with an option to cancel with no further obligation if the customer does not agree to the changes.

Description of the Service

TipBrightly allows patrons of our partners to leave a “cashless tip” and provide service feedback for the service they have received while at the property. A cashless tip is a digital payment made through a mobile device. TipBrightly is the platform that enables the creation of a partner account and through, Stripe, which meets PCI compliance and facilitates the processing of payments.

Upon signing up with TipBrightly Services, a business is provided with unique QR codes generated by TipBrightly. Each QR code is assigned to a department, employee, event, location — per the partner’s discretion. For example, if the Partner is a hotel, it may create Employee profiles for its employees in house-keeping, maintenance, and front-desk services.

The patron leave a tip in real time by scanning a QR code placed at the Partner’s business. Before sending a tip, the patron can confirm the tip recipient, accept or reject the fee, and choose the payment method. Tips are processed by Stripe, is certified to PCI Service Provider Level 1 as described under Stripe’s Security Policy.

Privacy Policy

For information about how we collect, use and share information about users of the Services, please see our Privacy Policy.

Account Security

When you use the Services, you agree to maintain the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any Services security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. While we will apply reasonable and customary care to protect the system of unauthorized use, we will not be liable for any loss or damages in the event third parties access your account until we acquire knowledge of the unauthorized access. We reserve the right to deny, deactivate, or terminate any account at our discretion.

Account Access via Social Networks

You may have an option to access the TipBrightly Services through your accounts with social network services, such as Facebook and Twitter. Note that regardless of whether you access the Services directly or via a social network account, you are bound by these Terms. Please note that we are not responsible for downtime and connectivity failures of social networks’ gateway access to the Services.

Right to Use the Service

On the condition that you fully comply with these Terms, we grant you a limited, nonexclusive, non-transferable and revocable license to access and use the Services. 

Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Services, except in cases where we ask you to suggest your translation of certain parts of the Services in other languages, subject to license as described in section “Feedback and Translations”; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services; (c) disassemble, decompile or reverse engineer any of the software components of the Services; (d) copy, frame or mirror any part of the Services; (e) interfere with or disrupt the integrity or performance of the Service; or (f) attempt to gain unauthorized access to the Services or its related systems or networks.

Trademark License

We may provide you with tools to download certain TipBrightly logos and trademarks ("TipBrightly Marks") via the Services. If you download or otherwise obtain the TipBrightlyMarks, we grant you a limited right to (a) use the TipBrightly Marks for the sole purpose of referencing the Services and (b) use only those TipBrightly Marks that are made available to you by us through such tools. We own all right, title and interest to the TipBrightlyMarks and any goodwill associated with your use of the TipBrightly Marks will inure to our benefit. 

Prohibited Use of the Service

You may not post and otherwise transmit through the Services:

You may not:

• Use the Services for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms;

• Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Services, the Services’ users, or third parties;

• Transmit through the Services personal information of another person, including email addresses, phone numbers, Social Security numbers and financial information, that alone or in combination with other information may be used to identify an individual; and

• Transmit through the Services content that is illegal, harmful, libelous, defamatory, abusive, offensive or hateful.

Your Obligations

You agree to use reasonable security precautions in connection with your use of the Services. You must comply with the Laws (as defined below) with respect to your use of the Services. For the purposes of the Terms, “Laws” means federal, national, state, provincial, municipal and local laws, regulations, rules, judicial decrees, decisions and judgments in each and every jurisdiction applicable to you, the subject matter of the Terms or the Services.

TipBrightly's Rights

As between you and TipBrightly Inc, all information, materials and content of the Services, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by TipBrightly or is used with permission. You own all of your Content. However, when you post, link or otherwise make available Content to the Services, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any manner or media, on or off the Services. We reserve all rights not expressly set forth in these Terms. 

Feedback; Patrons’ Ratings and Reviews

Any suggestions, comments or other feedback Partners or Patrons give us about the Services will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.

Patrons own all rights in ratings and reviews they submit about Partners’ business and Employees’ services via TipBrightly. Patrons grant Partners and TipBrightly exclusive, world-wide, royalty-free, and irrevocable license to use the ratings and reviews related for their business purposes.

Responsibility for Partner, Patron, and Third Party Content

We do not control or endorse any Content posted or otherwise made available by Partners and Patrons via the Services, including third party Content accessible via our Services, such as through links posted by Partners and Patrons or included in advertisements, nor are we responsible for reviewing the accuracy of any such Content. Your business dealings or correspondence with other Partners, Patrons, or third parties, and any terms, conditions, warranties or representations applicable to any Partner, Patron, and third party Content, are solely between you and the applicable Partner, Patron, or third party.

Disclaimers

THE SERVICES AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

Limitation of Liability

IN NO EVENT WILL TIPBRIGHTLY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES.

Indemnification

You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Services or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your TipBrightly App account. 

Consent to Electronic Communications

By using the Services, you agree that we may communicate with you electronically regarding your use of the Services and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at: [please insert email address]. 

Suspension and Termination

We may suspend or terminate your rights to access or use the Services for any reason or for no reason at all and with or without notice at our discretion. All of the terms of these Terms will survive any termination or suspension. You may cancel your account at any time by contacting us at: [please insert email address]. 

Governing Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH TIPBRIGHTLY AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TIPBRIGHTLY.

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Services, you and TipBrightly agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in San Francisco, California. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation. you and TipBrightly will not commence against the other a class action, class arbitration or other representative action or proceeding.

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in San Francisco, California. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator.

General

Enforcement of these Terms is solely at TipBrightly's discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect.

Questions and Comments

If you have any questions or comments, please contact us at: info@tipbrightly.com