1. Introduction

a. Tip Gratify is a tip collection platform brought to you by Tip Gratify LLC (" we", " us", " our"). Tip Gratify is a company established under the laws of Maine, US with a registered office at 225 W Squantum St, Suite 200 Quincy, MA 02171.

b. Our platform terms of use ("Platform Terms") apply to all users of Tip Gratify, which can be found through our website at tipgratify.com, as well as our software applications and other technologies which we may use now and in the future (collectively the "Platform").

c. These Platform Terms should be read in conjunction with our Privacy Policy and Cookie Policy, which together make up the "Agreement" between us. By accessing and using Tip Gratify, you accept and agree to the terms of this Agreement. If you do not understand or agree with the Agreement, you should not use Tip Gratify.

d. From time to time, we may update or change aspects of the Agreement and any revised terms or policies will be made available to you at tipgratify.com and a notification of such changes will be communicated on the Platform. Please be sure to read any changes, as they may impact you directly. If you opt to use the Platform after we make the changes, you agree to the changes. If you do not agree to the changes, you should not use Tip Gratify.

e. Certain words and phrases are defined throughout the Terms of Use. Where a word or phrase is defined, its meaning pertains to what is specifically outlined in our Terms of Use. If you have any questions about the above, contact us using the contact details at the bottom of these Terms.

2. Registration

a. By clicking on the “I agree” button under these Terms of Service when you register as a user of our services (“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 Platform Terms.

b. To use our Platform, you will be required to complete registration by providing your name, your email address and a password of your choosing.

c. You must ensure that details provided by you upon registration or at any time are correct and complete, and inform us if they are not. Additional information may be required after registration and during set up before you can use the Platform to its fullest extent.

d. Names, email addresses and photos and/or logos must not be obscene or offensive, infringe any third party rights, or otherwise be considered inappropriate. We have ultimate discretion over what is considered appropriate, and retain the right to remove inappropriate content as we see fit.

e. You may deactivate your account or cancel your registration at any time by contacting us at [email protected]. Once your cancellation is confirmed, you must immediately stop using the Platform. We will delete your account within 30 of receiving your request, and have the right to retain, review, and use any data gathered during the time of your activation. Once we have deleted your account, it cannot be recovered.

3. Passwords and security

a. When you register on the Platform, you will be asked to create login credentials, including a password. Keep your password confidential and do not share with anyone. Any action carried out through your account will be assumed to be carried out by you. If you have reason to believe your account details may have been compromised or used by another person, you must notify us immediately.

b.If we have reason to believe there is a breach of security or other compromising measure to your credentials and/or account, we will communicate directly with you and may require you to change your password and/or suspend your account.

4. Using the Platform

a. Our Platform is intended to be accessed and used within the United States of America. If you choose to access the Platform outside the United States of America, you are responsible for complying with local laws.

b.You are responsible for all necessary arrangements to be able to access the Platform, including internet access, device compatibility, and set up.

5. Prohibited uses

a. You must not, and you must not cause any other person to:

  1. Use the Platform or our Services for any illegal or unauthorized purpose
  2. Extract content or data from the Platform for any commercial purposes, unless you have an express, written confirmation from Tip Gratify
  3. Damage, disrupt, or interfere with the Platform or any connected networks and/or servers, or attempt to alter any aspect of any way a page on the Platform is rendered
  4. Circumvent or attempt to circumvent any of our security measures or other features designed to protect data
  5. Access the Platform in any unauthorized way
  6. Use the Platform in any way that violates a reasonable code of conduct, including: defamation of any other person, promotes dscrimination for any protected classes, is obscene or offensive, is designed to harass another person
  7. Steal, access, and/or transmit protected data

6. Intellectual property

a. Our Platform and all information, music, images, photographs, videos and other content displayed on our Platform (" Materials") are protected by certain rights which include all patents, inventions, copyright, database rights, performers, property rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered (" Rights"). These Rights either belong directly to us or are licensed to us from their respective owners or licensors.

b. You may only use content from the Site and Platform for personal, non-commercial use, and must give credit where appropriate.

c. We reserve all Rights in and to our Platform and the Materials. We reserve all Rights with the name Tip Gratify and the tipgratify.com domain name and all related domain names, trade marks, logos, brand names and/or trading names appearing on the Site and Platform.

d. Your use of the Platform is subject to restrictions, including:

  1. You must not copy the Platform in any way.
  2. You must abide by our licensing restrictions and guidelines, including restricting access to only yourself and verified parties in your establishment that have their own login.
  3. You must not remove any copyright or other proprietary notices contained in the Materials;
  4. You must not use any Materials in any manner that may infringe any of our Rights or the Rights of a third party or may be illegal.

7. Uploading your content to the Platform

a. On certain parts of our Platform, you may be invited to upload materials to our Platform and input sensitive information. If you choose to upload your own materials, your content may not:

  1. contain any material which is or may reasonably be considered to be defamatory, obscene, abusive, or harmful.
  2. be illegal or infringe the Rights of any third party, in any country in the world.
  3. be harmful in any real world or digital application.

By uploading your content to the Platform, you hereby grant us and our designees, together with users of our Platform an irrevocable non-exclusive licence to view and use your content without restriction, including by way of example for commercial purposes.

8. Third party links

The Platform (and communications we may send to you in connection with the Platform) may include links to third party websites, applications and/or other digital properties ("Third Party Properties") that are controlled and maintained by third parties. If you visit any Third Party Property or use a service made available through, or purchase products via, a Third Party Property, you do so at your own risk, and with full awareness that our policies cannot apply. We are not responsible for the content, accuracy or opinions expressed on Third Party Properties. Links that we make available do not imply that we are, or our Platform is, affiliated to or associated with such websites or services.

Third parties may process your personal data in accordance with their own policies.

9. Disclaimers

a. We provide the Platform on an "as is" and "as available" basis.

b. We do not guarantee that the Platform will be free of defects and/or faults, that those defects and/or faults will be corrected, or that our Platform and its servers are free of viruses or anything else that could be potentially harmful.

c. We do not guarantee that the Platform will be free of defects and/or faults, that those defects and/or faults will be corrected, or that our Platform and its servers are free of viruses or anything else that could be potentially harmful.

d. We may update some or all of the Platform and/or any of the services and/or content made available through it at any time and for any reason, for example to improve performance, enhance functionality, reflect changes to operating systems or address security issues. We may ask you to update parts of the Platform for these reasons. If you choose not to install such updates or if you opt-out of automatic updates, functionality may be impaired, and you may not be able to continue using the Platform.

e. We will use reasonable methods to ensure that our Platform is secure and free of viruses and malware, you are responsible for your own security, and for that of your devices. We are under no obligation to update information on the Platform.

f. We reserve the right to alter, suspend or discontinue any part (or the whole of) the Platform. These Platform Terms shall continue to apply to any modified version of the Platform unless it is expressly stated otherwise.

g. Access to the Platform is permitted on a temporary basis and we reserve the right to withdraw access from the Platform for any reason and without notice.

10. Liability

a. Nothing in these Platform Terms affects consumer rights when using our Platform. In particular, we do not exclude our liability for:

  1. death or personal injury caused by negligence.
  2. any matter for which it would be illegal for us to limit or exclude our liability.

b. We will not be liable to you in respect of any losses arising out of any event or circumstance beyond our reasonable control. In no event will Tip Gratify be liable to you or any third party for damages of any kind arising out of connection with the Platform and its services or any other content or materials.

c. You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these Platform Terms or default in the discharge of your obligations.

We shall not be liable for any of the following:

  1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities.
  2. loss or corruption of any data, database or software.
  3. any special, indirect or consequential loss or damage.

11. General provisions

a. Enforcement of these Terms is solely at Tip Gratify'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.

12. Questions and complaints

If you have an enquiry or complaint about our Platform, please contact us at [email protected].