This Terms of Use Agreement ("Agreement") outlines the terms and conditions that govern the use of the TipExpress (“we”, “us”, “our”) website (“App”) and payment mobile app ("App"). By using our App, you agree to be bound by this Agreement.

I. INTRODUCTION AND PURPOSE

Welcome to TipExpress, a touchless, cashless, and painless mobile payment system! Our goal is to provide our users with a simple and secure way to make and receive payment transactions any time anywhere, regardless of their geographic location. We understand the importance of keeping your personal and financial information safe and we are committed to providing you with the highest level of security and protection. Please take the time to read this Agreement carefully before using our App.

The purpose of this Agreement is to set forth the terms and conditions that govern the use of our App, including your responsibilities and restrictions as a user, the fees and charges associated with using our App, and our data and privacy policies. By using our App, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.

We may modify this Agreement from time to time, and such modifications will be effective immediately upon posting. Your continued use of our App following the posting of any modifications to this Agreement will constitute your acceptance of such modifications. It is your responsibility to review this Agreement periodically to ensure that you are aware of any modifications. If you do not agree to the terms and conditions of this Agreement, please do not use our App.

If you are using our App on behalf of an organization or entity, you are agreeing to this Agreement for that organization or entity and represent and warrant that you have the authority to bind that organization or entity to this Agreement.

If you violate any of the terms and conditions of this Agreement, we reserve the right to terminate your use of our App without notice. We may also take any other legal or equitable action that we deem appropriate.

II. USER ACCOUNTS

Registration process. To use our App, you must complete the registration process. The registration process is simple and straightforward. Here is how it works:

• Download the mobile App: You can download our App from your device's app store. Our App is available on both Apple Store for IOS devices and Google Play for Android devices.
• Create an Account: Once you've downloaded the App, you'll need to create an account. To create an account, you'll need to provide us with certain information, such as your first and last names, email address, phone number, and password. Your account as created becomes operational immediately. Please note that your initial personal identification number (PIN) is sent to the email address you provided. This PIN will be required for all financial transactions and to access your personal information, unless you select to by-pass it in your settings, in which case you are fully and solely responsible of the transactions that are executed without the need for you PIN code, which offers another level of protection.
• Verification: To verify your account, we may require you to provide us with additional information, such as your date of birth, social security number, photo ID, full address, proof of address, and government-issued ID.
• Link a Payment Method: To make transactions and payments using our App, you'll need to link a payment method, such as a bank account or debit card. You may also link a credit card, but please note that some credit card companies may charge cash advance fees or treat your use of our App as a cash advance.
• Set up Security Features: To protect your account, we recommend that you set up security features, such as a PIN or biometric authentication on your device.

Once you've completed the registration process, you'll be able to use our App to make transactions and payments. Please note that we reserve the right to reject any registration for any reason, and we may also require additional verification or information before approving your registration or transaction.

User account security measures. We take the security of your user account very seriously and have implemented several measures to protect your account. Here are some of the security measures that we have in place:

• PIN Protection: You must set up a personal identification number (PIN) to protect your account. This PIN will be required to access your account and to complete transactions. Your initial PIN is generated by our App and sent to you by email upon registration. You are highly advised to change that code to a more personalized PIN code that does not exist in an email and that is known only by you.
• Two-Factor Authentication: We offer two-factor authentication to add an extra layer of security to your account. This feature requires you to enter a code that is sent to your registered phone number or email address in addition to your login credentials.
• Biometric Authentication: You can use biometric authentication, such as fingerprint or facial recognition, to access your account and complete transactions.
• Account Alerts and Notifications: We provide you with account alerts to notify you of any sensitive or suspicious activity on your account.
• Account Verification: We may require additional verification, such as a government-issued ID or proof of address, to ensure the security of your account.
• Fraud Monitoring: We monitor your account for any fraudulent activity and take immediate action if we detect any suspicious behavior.

Please note that it is important to keep your login credentials, PIN, and biometric authentication information secure and not share them with anyone. You should also regularly monitor your account for any unauthorized activity and report any suspicious activity to us immediately.

Account termination policies. We reserve the right to terminate or suspend your user account for any reason, including but not limited to the following:

• Violation of Terms of Use: If you violate the terms and conditions of our user agreement, we reserve the right to terminate your account without notice.
• Fraudulent Activity: If we suspect any fraudulent activity on your account, we reserve the right to terminate your account and take appropriate legal action.
• Inactivity: If your account remains inactive for a certain period of time, we may terminate your account. Inactivity is defined as no activity, including but not limited to transactions, logins, balance, or other use of our App.
• Account Closure by User: You can close your account at any time by contacting us through our customer support channels.
• Compliance with Legal Requirements: We may be required by law to terminate your account, and we will comply with any legal requirements to do so.

 

Upon termination of your account, we will retain your account information and transaction history in accordance with our Privacy Policy. If you believe that your account has been terminated in error, you may contact us through our customer support channels to dispute the termination. Please note that we reserve the right to refuse to reinstate your account.

III. USE OF THE APP

Authorization of transactions and payments. By using our App to make transactions and payments, you authorize us to initiate transactions and payments on your behalf. You also authorize us to verify and authenticate any transaction or payment instructions that you provide to us.

You understand and acknowledge that once you initiate a transaction or payment, it cannot be canceled or reversed. It is your responsibility to ensure that the transaction or payment details, including the recipient's information and amount, are correct before initiating the transaction or payment.

In the event that we suspect fraudulent activity or unauthorized use of your account, we reserve the right to delay, withhold, or cancel any transaction or payment. We may also require additional verification or information before processing any transaction or payment.

Please note that we do not provide any warranties or guarantees with respect to any transactions or payments made through our App. You are responsible for any fees, charges, or penalties that may be incurred as a result of any transaction or payment made through our App.

We may also limit the amount or frequency of transactions or payments that you can make using our App. If you wish to increase your transaction or payment limit, you may contact us through our customer support channels. We reserve the right to deny any such request in our sole discretion.

Compliance with laws and regulations. As a user of our App, you agree to comply with all applicable laws and regulations, including but not limited to anti-money laundering laws and regulations. You acknowledge that you are solely responsible for ensuring that your use of our App and any transactions or payments made through our App comply with all applicable laws and regulations. We reserve the right to report any suspicious activity to the relevant authorities, and to cooperate with any investigations or legal proceedings related to such activity.

We may be required by law to disclose certain information about you and your use of our App to regulatory authorities or other governmental entities. We will comply with any such legal requirements and may provide information about you and your use of our App to the extent necessary to comply with any legal obligations.

You acknowledge that we may be subject to various laws and regulations, including but not limited to anti-money laundering laws and regulations, and that we may be required to implement certain compliance procedures in order to comply with these laws and regulations. These compliance procedures may include, but are not limited to, the monitoring of transactions and the reporting of suspicious activity to regulatory authorities or other governmental entities.

We reserve the right to refuse to process any transaction or payment that we believe may violate any applicable laws or regulations. We may also terminate or suspend your account if we believe that you have violated any applicable laws or regulations.

You acknowledge that we may be required to collect and retain certain information about you and your use of our App in order to comply with applicable laws and regulations. We will collect, use, and disclose such information in accordance with our Privacy Policy.

Responsibilities and restrictions of users. As a user of our App, you agree to use our App only for lawful purposes and in compliance with all applicable laws and regulations. You are solely responsible for your use of our App, including but not limited to any transactions or payments made through our App.

You agree not to use our App for any illegal or unauthorized purposes, including but not limited to money laundering, fraud, or other criminal activities. You also agree not to use our App in any way that may harm or disrupt our App, servers, or networks.

You are responsible for maintaining the security of your account and login credentials, and for any activities or transactions that occur under your account. You agree to notify us immediately of any unauthorized access to your account or any other security breach.

You agree not to engage in any activity that may interfere with the proper functioning of our App, including but not limited to the introduction of viruses, malware, or other harmful code.

You agree not to attempt to access or use our App through any unauthorized means, including but not limited to hacking, password mining, or any other means not expressly authorized by us.

You acknowledge and agree that we may terminate or suspend your account and/or access to our App at any time and for any reason, including but not limited to any violation of these Terms of Use.

You also agree to comply with any additional policies or guidelines that we may provide from time to time. We reserve the right to modify these policies or guidelines at any time, and your continued use of our App after any such modifications will constitute your acceptance of the modified policies or guidelines.

By using our App, you represent and warrant that you will use our App in accordance with these responsibilities and restrictions of users, and that you will comply with all applicable laws and regulations.

Prohibited activities. As a user of our App, you agree not to engage in any of the following prohibited activities:

• Money laundering or any other illegal or fraudulent activities;
• Transactions related to the sale, purchase, or distribution of illegal or restricted goods or services;
• Transactions related to the sale, purchase, or distribution of drugs or drug paraphernalia;
• Transactions related to the sale, purchase, or distribution of weapons or ammunition;
• Transactions related to the sale, purchase, or distribution of pornography or adult services;
• Transactions related to the sale, purchase, or distribution of counterfeit or stolen goods;
• Transactions that infringe upon the intellectual property rights of others;
• Sending spam or unsolicited commercial messages;
• Engaging in any activity that may interfere with or disrupt the proper functioning of our App, servers, or networks;
• Using our App to harass, defame, or threaten others;
• Using our App to collect or store personal information about others without their consent;
• Using our App to impersonate any person or entity, or falsely claim to be affiliated with any person or entity;
• Using our App to engage in any activity that may be harmful to minors;
• Using our App to engage in any activity that may violate the privacy rights of others.
• Any activity that violates any applicable laws or regulations;
• Any activity that violates these Terms of Use or any other policies or guidelines that we may provide from time to time.

We reserve the right to monitor your use of our App and to investigate any suspected prohibited activity. We may also report any suspected prohibited activity to regulatory authorities or other governmental entities.

We reserve the right to modify these prohibited activities at any time and without notice. We also reserve the right to take any appropriate legal action against any user who engages in any prohibited activity.

We may terminate or suspend your account and/or access to our App if we believe that you have engaged in any prohibited activity or if we believe that you have violated any applicable laws or regulations.

By using our App, you represent and warrant that you will not engage in any prohibited activity and that you will comply with all applicable laws and regulations.

IV. FEES AND CHARGES

Description of applicable fees and charges. Our App may charge certain fees for using our services, which may include:

• Transaction Fees: We may charge a fee for certain types of transactions, such as sending or receiving money through our App.
• Withdrawal Fees: We may charge a fee for withdrawing funds from your account to your bank account or debit card.
•  Payment Card Fees: If you choose to order a Payment Card, we may charge a fee for the card itself or for certain transactions made with the card.
•  Instant Deposit Fees: If you choose to use the Instant Deposit feature to deposit funds into your account, we may charge a fee for this service.
• We may also charge other fees or charges related to the use of our App or services, which we may disclose to you from time to time. These fees and charges may be subject to change at any time, and we will notify you of any changes in advance.

By using our App or services, you agree to pay all applicable fees and charges. If you do not agree to pay these fees and charges, you should not use our App or services. You also authorize us to deduct any fees or charges from your account balance or from any linked bank account or debit card.

If you have any questions about our fees or charges, please contact our customer support team for assistance.

Payment methods accepted. We accept a variety of payment methods for using our App, which may include:

• Bank accounts: You can link your bank account to your account and use it to send and receive money.
• Debit cards: You can link your debit card to your account and use it to send and receive money.
• Credit cards: You can link your credit card to your account to make purchases or send money, but please note that certain fees may apply.
• Payment Card: If you order a Payment Card, you can use it to make purchases or withdraw cash at ATMs.

We may also accept other payment methods from time to time, which we will disclose to you in advance.

Please note that certain payment methods may be subject to additional fees or restrictions, which we will disclose to you at the time of use. By using our App or services, you agree to comply with all applicable payment method policies and restrictions.

If you have any questions about our accepted payment methods, please contact our customer support team for assistance.

Payment processing and refunds.

Payment Processing: When you initiate a payment through our App, we will process the payment as quickly as possible. Depending on the payment method you use and the receiving bank or financial institution, it may take several business days for the payment to be fully processed and credited to the recipient's account.

 

Refunds: If you believe that a payment you initiated was made in error or unauthorized, you may be eligible for a refund. We will review your refund request and may require additional information from you, such as proof of the error or unauthorized transaction. If we determine that a refund is appropriate, we will process the refund as quickly as possible, but it may take several business days for the refund to be credited to your account.

Payment Disputes: If you believe that a payment you received through our App was made in error or unauthorized, you may dispute the payment by contacting our customer support team. We will investigate the dispute and may require additional information from you and the other party involved in the transaction. If we determine that the payment was made in error or unauthorized, we may reverse the payment or take other appropriate action.

Chargebacks: If you initiate a chargeback with your bank or financial institution for a payment made through our App, we may suspend or terminate your account and pursue legal action to recover any fees or losses we incur as a result of the chargeback.

Please note that we reserve the right to refuse or cancel any payment at any time, for any reason, in our sole discretion. If you have any questions about our payment processing or refund policies, please contact our customer support team for assistance.

V. DATA AND PRIVACY

We take the privacy and security of your personal data seriously. We collect, use, and disclose your personal data in accordance with our Privacy Policy, which is incorporated by reference into this User Agreement.

Our Privacy Policy explains how we collect, use, and disclose your personal data, including the types of personal data we collect, how we use your personal data, and with whom we may share your personal data. It also explains your rights with respect to your personal data, including your right to access, correct, or delete your personal information.

We may update our Privacy Policy from time to time to reflect changes in our practices or legal or regulatory requirements. We will notify you of any material changes to our Privacy Policy by posting the updated policy on our website or sending you an email or other notification.

By using our App or services, you acknowledge that you have read, understood, and agree to be bound by our Privacy Policy. If you have any questions about our Privacy Policy or how we collect, use, or disclose your personal information, please contact our customer support team for assistance.

VI. INTELLECTUAL PROPERTY

Ownership of the app and its contents. Our App and all of its contents, including but not limited to text, graphics, images, logos, button icons, software, and audio and video clips, are the property of Our Company or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

You may not use our App or its contents for any purpose other than as expressly authorized by this User Agreement. You may not reproduce, modify, distribute, display, perform, or otherwise use our App or its contents without our prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our prior written consent. Any unauthorized use of our App or its contents may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

We reserve all rights in our App and its contents that are not expressly granted to you in this User Agreement. Nothing in this User Agreement shall be construed as conferring any license or right to use any of our trademarks or other intellectual property rights.

User rights and restrictions. As a user of our App and services, you have the following rights:

• To access and use our App and services in accordance with this User Agreement.
• To provide feedback and suggestions for improving our App and services.
• To control your personal data in accordance with our Privacy Policy.
• To terminate your account at any time in accordance with this User Agreement.

However, you also have the following restrictions:

• You may not use our App or services for any illegal or unauthorized purpose.
• You may not attempt to gain unauthorized access to our App or services or any associated systems or networks.
• You may not interfere with or disrupt the operation of our App or services or any associated systems or networks.
• You may not use our App or services in a way that infringes on the intellectual property rights of others.
• You may not use our App or services to transmit any harmful or malicious code or content.
• You may not use our App or services in a way that violates any applicable laws or regulations.

If you violate any of these restrictions, we may suspend or terminate your account and take any other legal action that we deem necessary. We reserve the right to remove any content or information that violates this User Agreement or any applicable laws or regulations.

VII. DISCLAIMER AND LIABILITY

No warranties or guarantees. Our App and services are provided on an "as is" and "as available" basis. We make no warranties or guarantees, either express or implied, regarding the operation of our App or services, including but not limited to the warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant or guarantee that our App or services will be uninterrupted, error-free, or free from harmful components or viruses. We also do not warrant or guarantee that any information provided through our App or services will be accurate or reliable.

You acknowledge and agree that your use of our App and services is at your own risk. We will not be liable for any damages of any kind arising from your use of our App or services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

We also make no warranties or guarantees regarding any third-party products or services that may be accessed through our App or services. You acknowledge and agree that your use of any third-party products or services is at your own risk and subject to the terms and conditions of those products or services.

Some jurisdictions do not allow the exclusion of certain warranties or guarantees, so some of the above exclusions may not apply to you. However, our liability will be limited to the fullest extent permitted by applicable law.

Limitations of liability. To the fullest extent permitted by applicable law, we will not be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with your use of our App or services, even if we have been advised of the possibility of such damages.

Our liability to you for any direct damages will be limited to the amount of fees paid by you for the use of our App or services during the twelve-month period preceding the event giving rise to the claim.

We will not be liable for any delay or failure to perform our obligations under this User Agreement if such delay or failure is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or other similar events.

You acknowledge and agree that the limitations and exclusions of liability in this User Agreement are reasonable and that you have accepted them as a condition of using our App and services.

Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so some of the above exclusions may not apply to you. However, our liability will be limited to the fullest extent permitted by applicable law.

Please note that this section on Limitations of Liability is an important provision of this User Agreement and should be read carefully.

Indemnification of the company. You agree to indemnify and hold us harmless from and against any and all claims, liabilities, damages, losses, and expenses, including but not limited to reasonable attorneys' fees and costs, arising out of or in connection with your use of our App or services or any violation of this User Agreement.

You agree to cooperate fully with us in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

This section on Indemnification of the Company is an important provision of this User Agreement and should be read carefully.

VIII. GOVERNING LAW AND DISPUTE RESOLUTION

Governing law of the agreement. This User Agreement and any disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without giving effect to any choice or conflict of law provision or rule (whether of [Insert Jurisdiction] or any other jurisdiction).

 

Any legal suit, action, or proceeding arising out of or in connection with this User Agreement shall be instituted exclusively in the federal courts of [Insert Jurisdiction] or the courts of [Insert Jurisdiction] in the city of [Insert City] and county of [Insert County]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

This section on Governing Law is an important provision of this User Agreement and should be read carefully.

 

Dispute resolution policies

If you have any dispute, claim or controversy arising out of or relating to this User Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, or to your use of the App or the services provided through the App (collectively, “Disputes”), you agree to resolve such Disputes through binding arbitration.

 

Arbitration shall be conducted in accordance with the rules of the [Insert Arbitration Association], as modified by this User Agreement. The arbitration shall be conducted before a single arbitrator, selected in accordance with the rules of the [Insert Arbitration Association]. The arbitration shall be conducted in [Insert City], [Insert State], unless the parties agree to a different location.

 

The arbitrator shall have the authority to grant any remedy that would be available in court, provided that the arbitrator's decision and award shall be subject to appeal as provided by law. The parties agree that the prevailing party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award.

 

This section on Dispute Resolution Policies is an important provision of this User Agreement and should be read carefully.

 

IX. MODIFICATIONS AND TERMINATION

Company's right to modify the agreement. We reserve the right, at our sole discretion, to modify or replace this User Agreement at any time. If a revision is material, we will provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our App after any revisions become effective, you agree to be bound by the updated User Agreement. If you do not agree to the new terms, you are no longer authorized to use the App.

This section on Modification of User Agreement is an important provision of this User Agreement and should be read carefully.

Termination policies for the app and user accounts. We may terminate or suspend your access to the App and your account at any time, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the User Agreement.

If you wish to terminate your account, you may simply discontinue using the App. All provisions of the User Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

This section on Termination Policies is an important provision of this User Agreement and should be read carefully.

X. MISCELLANEOUS

Severability clause. If any provision of this User Agreement is held to be invalid or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions of this User Agreement.

This section on Severability Clause is an important provision of this User Agreement and should be read carefully.

Entire agreement clause. This User Agreement constitutes the entire agreement between you and us regarding the use of the App and supersedes all prior agreements and understandings, whether written or oral, regarding such subject matter.

This section on Entire Agreement Clause is an important provision of this User Agreement and should be read carefully.

Notices and communications between the company and users. Any notices or other communications permitted or required hereunder, including those regarding modifications to this User Agreement, will be in writing and given by us via email or messaging service (including SMS and push notifications) or by posting on the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

This section on Notices and Communications is an important provision of this User Agreement and should be read carefully.

XI. AGREEMENT TO THE TERMS

By using our mobile app or website, you agree to be bound by all the terms and conditions of this agreement. If you do not agree with any of the terms or conditions of this agreement, please do not use our mobile app or website.

Your continued use of our mobile app or website following any changes to this User Agreement constitutes your acceptance of the changes. We reserve the right to modify or update this agreement at any time, without notice, by posting the revised version on our website or mobile app. It is your responsibility to review this User Agreement periodically for changes. If you do not agree with any modifications to this agreement, your sole recourse is to stop using our mobile app and website.