Terms of Service
Please read these Terms of Service ("Agreement", "Terms", "Terms of Service") carefully. The use of the https://www.tiptiger.com website (the "Site") is conditioned upon your acceptance of this agreement without modification. By accessing or using the site, you agree to be bound by these site terms and all terms incorporated by reference. If you do not agree to these site terms, do not use this site.
The Terms listed below govern the use of the Site and the services offered through the Site (hereinafter the "Services") all collectively provided by TipTiger LLC, a Texas limited liability company, and its affiliates, and their respective directors, officers, managers, members, agents, representatives, employees, heirs, successor and assigns ("TipTiger", "us", "we", or "our"). The terms "you" and "your" in uppercase or lowercase shall mean the entity (e.g., company, corporation, partnership, sole proprietor, etc.) or individual entering into this Agreement with TipTiger. The Agreement shall consist of these Terms of Service. From time to time we will review the Terms of Service to ensure they accurately reflect developments in the law and our business operations. We reserve the right to update and revise the Terms at any time.
The Site and Services comprise an online platform through which users may send or receive gratuity or advice for a service provided ("Tip"). You understand and agree that TipTiger is not a party to any agreements entered into between users, TipTiger will not act as an agent. TipTiger has no control over the conduct of third-parties, customers, service professionals, and other users of the Site and Services provided by third-parties, and disclaims all liability in this regard to the maximum extent permitted by law.
If you choose to create an account, you understand and agree that your relationship with TipTiger is limited to being a member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of TipTiger for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of TipTiger. TipTiger does not control, and has no right to control, your services, your offline activities associated with your account, or any other matters related to any service that you provided, for which the tip is being provided. As a member, you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of TipTiger.
TipTiger is not responsible for conducting criminal background checks or screenings on its users and does not conduct any such checks or screenings. TipTiger does not review or audit service professionals, nor does it inquire into the backgrounds of its users or attempt to verify the statements made by its users and is not responsible for the conduct of any user. You agree to take all necessary precautions when interacting with other users and to not exchange any money with other users, unless you deem it appropriate to do so.
If any damage or loss results from your use of our services, you acknowledge and agree that we are not responsible or liable, directly or indirectly for such loss. Accordingly, all transactions are made or accepted at the user's own risk.
Grant of Rights; Restrictions on Use
You are granted a nonexclusive, nontransferable, limited right to access and use the Site made available to you. The rights and restrictions granted to you are as follows:
- You shall not use the Site unless you are of the age of 18 years old or older. By using the Site, you represent that you are not under 18 years of age or have had your parent or guardian give their personal information in lieu of giving yours;
- You are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction – meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition, and you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. If you create an account, you represent and warrant that you comply with this section;
- You shall not use the Site for any purposes other than the purposes authorized under this Agreement;
- You represent, warrant, and/or covenant to TipTiger that the Site will be used only: (i) by you, (ii) in the manner for which it was intended, (iii) in accordance with all applicable instructions provided by TipTiger, and (iv) in compliance with all applicable laws and regulations;
- The Site is protected by intellectual property laws and other laws that prevent unauthorized access and use. If you access and use the Site without authorization, your access and use will be governed by these Terms of Service and you will be liable to TipTiger for any breach of the Terms of Service as well as for unauthorized access;
- Without prejudice to the foregoing, you may not engage in the practices of "screen scraping," "database scraping," "data mining" or any other activity with the purpose of obtaining information from the Site or that uses web "bots" or similar data gathering or extraction methods. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;
- You may not use the Site in any fashion that infringes the intellectual property rights or proprietary interests of TipTiger or any third party. Your use of the Site must comply with all applicable laws, rules or regulations;
- In order to access some of the Services, you may be required to provide certain information about yourself as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date;
- You are solely liable for your conduct and for any information, text, photos, content, materials or messages that you upload, submit, post or transmit to the Site (collectively the "User Content"). You may not provide false or misleading information to the Site or submit information under false pretenses. Without limiting anything else in this Agreement, we may immediately terminate your access to the Site and use of any of the Services if you violate any of the foregoing or if you provide false or misleading information or submit information under false pretenses;
- By posting User Content as part of the Services, you grant to TipTiger a perpetual, worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the User Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones;
- You are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using material retrieved from the Site; and
- You acknowledge and approve, that content that is uploaded by you in the Site becomes automatically public domain and may still be used by other members or users of the Site even after terminating the user's account (for any reason), without limitation of time, and no claim, suit or demand will be made against TipTiger in this context. This approval is deemed to be a perpetual, fully paid-up, worldwide, sub-licensable, irrevocable, assignable license to copy, distribute, transmit, publicly display or perform, edit, translate, reformat and otherwise use content in connection with the operation of the Site, the Services or any other similar or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. You hereby waive any claims arising from or relating to the exercise by TipTiger of the rights granted under this Section, and will not be compensated for any exercise of the license granted under this Section.
The Services allow you to make payments to and accept payments from third parties. Tips are strictly voluntary, and any processed payments shall be at the request and acceptance between users. Pursuant to this Agreement, TipTiger charges service professional users a fee for the Services equal to five percent of the amount received, plus a fee of fifty cents (5% + $0.50) per payment transaction effectuated (collectively the "Fees"). If you are a service professional receiving Tips, a valid bank account is required in order to access any Tips or ratings and to receive payouts. If you are a user providing the Tip, a valid credit card is required to grant any such Tip. Even if your tip amount is $0, TipTiger still needs a valid credit card. In this case, the credit card will not be charged and will only be used for verification purposes. All Fees are in US Dollars and are non-refundable except as required by law.
TipTiger does not designate the amount to be paid for the tip. You understand and agree that you are free to provide any desired payment as a gratuity to any service professional who provides you with services, and that you are under no obligation to do so. TipTiger, however, may suggest certain tip amounts, for the user’s reference. This may include, without limitation, suggested percentages based on the price of the service entered by the user. Please note that, unless the "No Tip" option is picked, or the user manually enters a tip amount of $0, a minimum tip amount of $1.00 would be required.
TipTiger will process payouts made to the service professional, and transmit any amounts due to the service professional, after applicable Fees, via direct deposit on a monthly basis; or within three (3) business days from the account reaching a balance of fifty dollars ($50.00) or more.
TipTiger reserves the right to establish, remove and/or revise the Fees for any or all Services from time to time at TipTiger’s sole discretion. TipTiger will use commercially reasonable efforts to inform you of Fees that may apply, including without limitation by posting such Fees on the Site, provided that you will be responsible for such Fees incurred under your account regardless of your awareness of such Fees.
If you are a service professional receiving Tips through the Site, you are solely responsible for all applicable taxes and fees associated with your services. You are also responsible for any and all obligation you may have with your employer pertaining to any tip pooling policies, and agree to indemnify and hold TipTiger harmless against any third party claims pertaining to such responsibilities.
You may attempt to submit a Tip and rating for a service professional, who does not have an account in the Site, by entering the service professional’s email address. In doing so, the Tip and rating submission will be pending until the service professional has registered an account in the Site and has provided their valid bank account information. If the service professional registers an account in the Site and provides their valid bank account information within 30 days of your pending Tip and rating submission, at that time your pending submission will be processed and your credit card will be charged. If the service professional has not registered an account in the Site and has not provided their valid bank account information within 30 days of your pending Tip and rating submission, your pending submission will be canceled and your credit card will not be charged.
Creation of Account and Security
For certain services, you must: (i) create an account; and (ii) provide true, up to date and accurate account information about yourself and, if you are a service professional, your bank account information in order to receive a Tip. Each person that has access to an account via a password and user ID in order to use the Site must agree to abide by this Agreement and is responsible for all activity under such user ID. You are responsible for maintaining the confidentiality and security of any password connected with your account. You agree to accept responsibility for all activities that occur under the account.
Third-party agents, that offer intermediary services on behalf of others are not permitted to post User Content on behalf of others, or otherwise access the Services to facilitate posting User Content on behalf of others, except with express permission or license and after creating a valid account to do so.
Code of Conduct
The Services may be intended to be a safe and supportive community for all users. You also agree to use the Site in accordance with the following: (a) you will keep all information provided to you through the Site as private and confidential and will not give such information to anyone without the permission of the person who provided it to you; and (b) you must be honest and truthful in your statements. You, in addition to any other action that TipTiger may deem inappropriate, undertake not to do any of the following actions:
- Exhibit behavior that is harmful, hateful, vulgar, threatening, abusive, harassing, pornographic, obscene, libelous, or otherwise objectionable;
- Infringe upon any third party Intellectual property, including patents, trademarks, trade secrets, copyrights or other proprietary rights of any party;
- Contradict applicable law or any contractual or fiduciary relationships;
- Use the Services for unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial solicitation;
- Impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity;
- Intimidate or harass another user; or, use or attempt to use another user's account, service or system, or create a false identity on the Site;
- Bypass, circumvent, or attempt to bypass or circumvent, any measures we may use to prevent or restrict access to the Services, including without limitation creation of other accounts, computer systems or networks connected to the Services;
- Enable or allow others to use the Services using your account information;
- Use the Services to construct any kind of database;
- Alter or circumvent the rating system, or try to rate your own account.
- Use the Services to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- Collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above;
- Treat other users in any discriminatory way;
- Commit defamation or use insulting language, particularly of a racial or discriminatory nature;
- Commit physical or sexual assault, robbery, human trafficking, or other acts of violence.
- Post any photos of third parties online, or any confidential information about others, but not limited to photos, text messages, email addresses, "instant messenger" nicknames or contact information, telephone numbers, or postal addresses.
- Provide more than one (1) Tip or rating for the same occurrence of service received.
- Provide more than one (1) Tip or rating for the same service professional within a period of twenty-four hours.
This Site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"). If you believe that any information or material available in the Site infringes upon any copyright, please immediately notify us ("DMCA Notification"), and as required by the DMCA, this Site maintains specific contact information for that purpose; therefore, all notices should be addressed to:
- Notification of Claimed Infringement: TipTiger
- Email: email@example.com
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf; (vii) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the U.S., for any judicial district in which we are located; and (viii) a statement that you will accept service of process from the party that filed the DMCA Notification or the party's agent. Failure to include all of the above-listed information may result in the delay of the processing of your complaint. If the posted material is believed in good faith by us to violate any applicable law, we will remove any such material or information, and we will notify the posting party that the material has been removed. For additional assistance with this you may contact your local Division of Consumer Services of the Department of Consumer Affairs. To expedite our ability to process your request, please also contact us by email at firstname.lastname@example.org.
Third Party Products and Services
We may make available the Site via third parties or may otherwise provide information about or links or referrals to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third parties. TipTiger is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any third-party products or services, and you use such third-party products and services at your own risk. We do not sponsor, endorse, recommend or approve any such third party. You should investigate and use your independent judgment regarding the merits, quality and reputation of any individual, entity through whom you obtained and/or accessed through the Site or in relation to this Agreement. We do not represent or warrant that any such third party is licensed, qualified, reputable or capable of performing any of the services that the offer or the products that they sell.
The Services offered via the Site are provided as a platform application for which TipTiger allows interaction between users. TipTiger may get pay commissions by third-party services of third-party products purchased or referred through the Site. The Site may list on the Site and/or recommend third-party products based, in part, on a good faith belief that such third-party services will assist in the effectiveness of the Services provided by the Site. While TipTiger will do its research about the third-party products, TipTiger makes no representation as to such third-party services or products. It should also be noted that TipTiger does not make any assurance as to the timeliness or accuracy of information provided by any third party. Additionally, such suggestions about the third-party products may be partially formed in part, because TipTiger or an affiliate may be compensated, as a result of a purchase of such third-party services or products. The type of compensation received by TipTiger may vary from complimentary products, services, or commission. Notwithstanding the foregoing, TipTiger shall make every effort to ensure that all reviews are accurate and true, but some bias may be assumed simply because of the material relationship between the parties.
In addition to any disclaimers set forth herein, the services are provided "as is" and without warranty of any kind. To the maximum extent permitted by law, TipTiger disclaims all representations and warranties, express or implied, relating to (a) your use of the service, including, without limitation, your communications with, and transactions facilitated by a fellow user; (b) user content; (c) any advice or information, whether oral or written, obtained from TipTiger or through the services; or (d) any other communications, transactions, content or data on the services, whether provided or owned by you, TipTiger or by any third party or user, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement, freedom from computer viruses, bugs, worms, "trojan horses" or other destructive materials to the services ("harmful components"), and any implied warranties arising from course of dealing, course of performance, or usage in trade, all of which are expressly disclaimed.
In addition, TipTiger does not represent, warrant or otherwise endorse that the services or any content, information or goods that are available or advertised or sold through the services are accurate, complete, available, current, or that the results of using the services will meet your requirements. We reserve the right to correct any errors or omissions in the services.
Although we intend to take reasonable steps to prevent the introduction of harmful components, we do not guarantee or warrant that the services or materials that may be downloaded from the services do not contain such harmful components. We are not liable for any damages or harm attributable to such components. If you rely on the services or any materials available through the services, you do so solely at your own risk.
You hereby agree and acknowledge that: (a) TipTiger has the right to obtain without notification to you certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification; (b) TipTiger has the right to obtain without notification to you non-personally identifiable information from your connection to the Website for demographic purposes; and (c) TipTiger has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including, but not limited to, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use "hacks." The information obtained in this Section will only be used for the purpose of providing the Services or identifying persons or entities not in compliance or believed by TipTiger to not be in compliance with these Terms of Service and any and all other TipTiger rules, policies, notices and/or agreements.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will TipTiger, its affiliates, directors, officers, managers, members, employees, shareholders, agents, and licensors, including any third party providers, be responsible for, or liable to you under contract, tort, strict liability, negligence, or any other legal or equitable theory, for (a) any lost profits, data loss, business loss, cost of procurement of substitute goods or services, or direct, indirect, incidental, special, punitive, compensatory or consequential damages of any kind whatsoever. These limitations apply regardless of legal theory, whether based on tort, strict liability, breach of contract, breach of warranty or any other legal theory, and whether or not TipTiger was advised of the possibility of such damages.
You acknowledge and agree that TipTiger may composite or compile ratings about users on the Site. You acknowledge and agree that rating results for you, if any, will consist of comments, ratings, indicators of user satisfaction, and other feedback left by other users. You further acknowledge and agree that TipTiger will make rating results available to other users. TipTiger provides this rating system as a means through which users can share their opinions publicly and TipTiger does not monitor or censor these opinions. TipTiger does not investigate any remarks posted by users for accuracy or reliability but may do so if a user requests that TipTiger do so. You may be held legally responsible for damages suffered by other users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. TipTiger is not legally responsible for any rating or comments posted or made available on the Site, even if that information is defamatory or otherwise legally actionable. Please ensure to use the rating system to let others know about your experiences. TipTiger reserves the right to remove any or all ratings and/or suspend an account, from time to time, at TipTiger’s sole discretion, if TipTiger believes or has reason to believe that some of the ratings have been made in a fraudulent manner or are duplicative in nature.
Updates and Availability
With new products, services and features, new changes may be made to the Site and/or the Services from time to time, which may not work properly if you do not install the proper updates to the web application on a regular basis. Although we aim to offer you the best Services, we make no promise or guarantee that TipTiger will meet your requirements or that the application is compatible with your device. We have no control over such matter, and therefore, we cannot guarantee that the Site will be always available. If you believe there is a problem on our end, please do not hesitate to contact us and we will attempt to correct the fault as soon as we reasonably can. Notwithstanding the aforementioned, your access to the Site may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services or because we are unable to offer access to the Site for reasons beyond our control (such as a problem with our provider). In this event, we will attempt to restore the service as soon as we reasonably can. Any such restrictions or interruptions shall not constitute a breach by TipTiger or of these Terms of Service. We may modify, update, or discontinue the Services (including any of their features) at any time without liability to you or anyone else. However, we will make a reasonable effort to notify you before we make such a change. Users shall bear sole responsibility for backing up their User Content and all other content or materials in connection therewith. If the modified Services are not acceptable to you, your only recourse is to cease using the Services.
You agree to indemnify, defend and hold harmless TipTiger, its officers, directors, managers, members, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TipTiger reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TipTiger in asserting any available defenses.
Governing Law and Dispute Resolution
This Agreement is to be construed in accordance with and governed by the internal laws of the State of Texas without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Texas to the rights and duties of the parties. In the event of any civil action or other legal proceeding arising out of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys’ fees, court costs and all expenses even if not taxable as court costs (including, but not limited to, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in such proceeding.
All disputes, differences, claims, controversies or questions concerning or connected with the interpretation or implementation of this Agreement, including without limitation any questions concerning the existence, validity, or termination of this Agreement, ("Dispute"), shall in the first instance be resolved through good faith consultation between the parties, which consultation shall begin promptly after a party has delivered to the other party(s) a written request for such consultation. If the parties are unable to resolve a Dispute within thirty (30) business days following the date of such written request, either party may refer the Dispute to binding arbitration in accordance with the Rules of the American Arbitration Association.
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If any provision in these terms and conditions is held to be legally invalid or unenforceable, then both you and TipTiger shall be relieved of all obligations arising under such provision, but only to the extent that such provision is invalid or unenforceable, and these terms shall be deemed amended by modifying such provision to the extent necessary to make it valid and enforceable while preserving its intent; or if that is not possible, by substituting another provision that is valid and enforceable and achieves the same objective and economic result.
This Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations on that subject matter.
This document was last updated on September 14, 2017