Acceptable Use Policy

Acceptable Use Policy

 

Last Update: August 1, 2021

By using the Tipper mobile application, website, and online services (the “Tipper Services”) and by clicking to Accept or Agree when this option is made available to you, you accept and agree to be bound and abide by the User Agreement and Terms of Use, our Privacy Policy, and this Acceptable Use Policy. If you do not want to agree to the User Agreement and Terms of Use, the Privacy Policy, or the Acceptable Use Policy, you must exit the Tipper mobile application, and not use any Tipper Services.

You are independently responsible for complying with all applicable laws in all of your actions related to your use of the Tipper Services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.

 

Prohibited Activities

You may not use the Tipper Services for activities that:

  1. violate any law, statute, ordinance or regulation.
  2. relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
  3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (g) involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption.
  4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
  5. distribute, publish, or send through our systems: (1) any spam, including any unsolicited advertisements, solicitations, commercial e-mail messages, informational announcements, or promotional messages of any kind; (2) chain mail; (3) numerous copies of the same or substantially similar messages; (4) empty messages; (5) messages that contain no substantive content; (6) very large messages or files that disrupt a server, account, newsgroup, or chat service; or (7) any message that is categorized as “phishing.”
  6. relate to in spidering, harvesting, or any other unauthorized collection of screen names, or other identifiers of others or participate in using software (including “spyware”) designed to facilitate such activity; (2) collect responses from unsolicited messages; or (3) use any of our servers to relay any information without the express permission of the account holder or the site.
  7. violate the security of our systems in any way. Such violations may result in criminal or civil liability. Tipper may, but is not obligated to, investigate any violation of our systems. Tipper may cooperate with law enforcement where criminal or unauthorized activity is suspected. Examples of network security violations include, without limitation:

a) Hacking: Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.

b) Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.

c) Intentional Interference: Interference with service to any user, host, or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.

d) Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with Tipper’s systems, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.

e) Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Tipper or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Tipper customer or other end-user. Tipper may, but is not obligated to, take any action it deems necessary to (1) protect its systems, its rights, or the rights of its customers or third parties, or (2) optimize or improve its systems, services, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through Tipper’s systems. Tipper may, in its sole discretion and at any time, filter “spam” or prevent “hacking,” “viruses,” or other potential harms without regard to any preference you may have previously communicated to us.

 

  1. We have the right, but are not obligated, to strictly enforce this Policy through self-help, active investigation, litigation, and prosecution.
  2. Any failure to insist upon or enforce performance of any provision in this Policy will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy. Sprint may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Policy is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.

 

Violations of the Acceptable Use Policy

We encourage you to report violations of this Acceptable Use Policy to Tipper immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, or wish to file a report, you can do so by contact Customer Service at support@thetipperapp.com.

CONSENT TO DO BUSINESS ELECTRONICALLY AND RECEIVE ELECTRONIC DISCLOSURES

Consent to do Business Electronically and Receive Electronic Disclosures

 

By accepting this Consent as indicated below, you, the person or entity applying for a Tipper account, consents to receive and view disclosures, notices, Account history, and other communications (collectively, “Disclosures”) from Bluewheel Corporation, doing business as Tipper (“Tipper” or “we”) relating to your eligible Tipper account (“Account”) electronically by any of the following means:

  • Text to your mobile phone number (which may include a link to a new Disclosure on the Tipper website, www.thetipperapp.com  (“Website”),
  • To your email (or social media network),or
  • Notifications from our Web or mobile application (“Application”).

Delivery by any of these means will constitute proper notice to you under applicable law. You acknowledge that Disclosures will include, but may not be limited to, the following:

  • The Tipper User Agreement and Terms of Use, Privacy Policy, Acceptable Use Policy (“Policies and Agreements”);
  • Disclosures and/or amendments we may provide you under our Policies and Agreements;
  • Balance, activity and any other information on your Account,
  • Periodic confirmations, authorizations and transaction history for your Account;
  • Disclosures regarding the resolution of any claimed error relating to your Account; and
  • Disclosures required or permitted by law or regulation.

Your Right to Revoke Consent. Your consent is effective until further notice by us or until you revoke your consent to receive electronic Disclosures. You may revoke your consent to receive electronic Disclosures at any time by emailing us at support@thetipperapp.com or submitting your request in writing to: Legal Department, The Tipper App, 199 State Street Apt 9a Brooklyn, NY 11201.

If you do not consent or if you withdraw your consent, we reserve the right to refuse to accept your Account application, to cancel your Account, place your Account on inactive status, or to provide a paper copy of Disclosures. Any requests for paper documents may be subject to fees. We will only provide paper copies upon your request if your current mailing address is in your Account profile.

SYSTEM REQUIREMENTS: In order to receive Disclosures, whether by text or email, you need to have a means of printing or storing them. So, in addition to having and email address and phone number you must have the following:

  • Computer or mobile device with Internet connection;
  • A current web browser with cookies enabled;
  • A valid email address on file in your Account profile;
  • Ability to store or print the Disclosures; and
  • if you use a spam blocker, you must add venmo@venmo.com to your email address book or whitelist

We reserve the right to change these System Requirements and will provide you with a Disclosure when we make a material change to the System Requirements.

Receiving Texts and emails. In order to receive Disclosures, you must ensure that the primary mobile phone and/or email address that you provide us is your valid, current phone number or email address, and you are able to receive at that address texts or email messages containing Disclosures including attached electronic documents and that such Disclosures, including portions that are attached documents are available for viewing and storing or printing by you. You agree to promptly update your email address by updating your Account profile if your email address changes. You acknowledge that our ability to notify you of the availability of your Disclosures is contingent on the validity of mobile phone number and email address in our records. If your mobile phone or email address is no longer valid, we reserve the right to determine your Account is inactive or take other actions as set forth in the User Agreement. You will not be able to conduct any transactions in your Account until you update your mobile phone or email address in your Account profile.

Reservation of Rights. We reserve the right to provide you with any Disclosure in writing, rather than electronically, or to withdraw the right to receive Disclosures electronically at any time. You agree to maintain on file with us your current street address and to promptly update your address in the event it changes by updating your Account profile. Although we may waive our fee for delivery of paper Disclosures, we reserve the right to charge a Disclosure request fee and to increase this fee in our discretion.

Print Disclosures. We recommend that you print a copy of this Consent and any Disclosure that you view electronically for your records as the Disclosure may not be accessible online at a later date.

Your Consent. By clicking through the Tipper sign up flow, which you adopt as your electronic signature, you agree that (i) we may provide Disclosures to you electronically, on the terms and conditions set forth in this Consent, (ii) the consent shall last until you revoke your consent, and (iii) you meet the System Requirements specified above. If you do not wish to receive Disclosures electronically, you will not be able to open an Account.

General. You understand and agree that we are responsible for sending the Disclosures to you electronically by email or text to the address in your Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the email or text notices and whether or not you choose to view the Disclosure, subject to your right to revoke your consent to receive Disclosures electronically.

Fee Disclosure

Tipper’s Fees

A quick look at Tipper’s Fees:

Tipper does not charge users for signing up for the app or receiving/withdrawing money.

Tipper has NO monthly or annual fees.

The only fees Tipper charges is for sending money:

Various fees will be charged for insufficient funds, negative balances, or any other dispute issues. Please see our User Agreement and Terms of Use for more information.

User Agreement and Terms of Use

Tipper User Agreement and Terms of Use

 

This User Agreement is a contract between you and Bluewheel Corporation governing your use of the Tipper mobile application, websites, or other online services (the “Tipper Services”). You must be in the United States, be 18 years of age and have a U.S. bank account to use the Tipper Services.

You agree to comply with all of the terms and conditions in this User Agreement and Terms of Use. The terms include an agreement to resolve disputes by arbitration on an individual basis. You also agree to comply with the following additional policies and other agreements that apply to you, including:

  • Privacy Policy
  • Acceptable Use Policy
  • Consent to Receive Electronic Disclosures (E-Sign Disclosure and Consent)

We may revise this User Agreement and Terms of Use and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities we will provide notice to you of at least 21 days. We reserve the right to amend this agreement at any time without notice, subject to applicable law. By continuing to use our services after any changes to this user agreement become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.

  1. Last updated

This user agreement is effective as of August 1, 2021.

 

  1. Creating a Tipper Account

You may only have one Tipper account. To create an account, you must be a resident of the United States or one of its territories, be at least 18 years old or the age of majority in your state of residence and use a cellular/wireless telephone number that you own. Your Tipper account is a personal account unless you have received our express written approval to open a business account.

Tipper accounts let you do things like:

  • Provide tips to service providers who also have Tipper accounts; and
  • Receive tips from other Tipper users.

Keep confidential any credentials you use to access your Tipper account and the Tipper Services. You must keep your phone number, email address and other contact information current in your Tipper account profile.

 

  1. Closing Your Tipper Account

You may close your account and terminate your relationship with us without cost, but you will remain liable for all obligations related to your Tipper account even after the account is closed. Any incomplete transactions or transfers must be completed or canceled and you may be liable for any charges resulting therefrom.

In certain cases, you may not close your Tipper account, including:

  • To evade an investigation.
  • If you have a pending transaction or an open dispute or claim.
  • If you owe amounts to us.
  • If your Tipper account is subject to a hold, limitation or reserve.

 

  1. Link or Unlink a Bank, Credit, or Debit Account

You can link or unlink certain debit cards, credit cards, or U.S. bank accounts to your Tipper account.  Tipper uses Plaid to verify you banking information. In order to open and maintain your Tipper account, you agree to Plaid’s End User Privacy Policy (current located at (currently located at www.plaid.com/legal/#consumers).  Tipper uses a third-party to facilitate an ACH (“Automatic Clearing House”) transaction.

Please keep your linked account information current (e.g. card number and expiration date). If this information changes, we may update it using information and third-party sources available to us without any action on your part. If you do not want us to update your card information, you may contact your issuer to request this or remove your payment method from your Tipper account.

 

  1. Using Tipper as a Tipping Method

You can manage tipping methods in the Funding Source section of your Tipper account settings.

Bank accounts

When you use your bank account as the source of a tip on the Tipper application, you are allowing us to initiate a transfer from your bank account for the amount of your tip and Tipper’s associated fees. You authorize us to try this transfer again if the initial transfer is rejected by your bank for any reason. You are responsible for ensuring that you linked account has sufficient funds or credit available for your tip. Should you send a tip amount that is higher than your current balance and Tipper and/or any of Tipper’s third-parties incur a fee, you will be held personally liable and must reimburse the affected parties.

PRIOR TO MAKING A TIP, YOU SHOULD CONFIRM THAT YOUR BANK ACCOUNT CONTAINS FUNDS SUFFICIENT TO COVER THE AMOUNT BEFORE MAKING THE TIP, IF FUNDED BY YOUR BANK ACCOUNT. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.

Debit cards

When you use your debit card as the source of a tip on the Tipper application, you are allowing us to initiate a transfer from your debit card account for the amount of your tip and Tipper’s associated fees. You authorize us to try this transfer again if the initial transfer is rejected by your bank for any reason. You are responsible for ensuring that you linked account has sufficient funds or credit available for your tip. Tipper will process your debit or prepaid card funded transactions through either the ATM debit network or the Visa, Mastercard or Discover network.

Credit cards

When you use your credit card as the source of a tip on the Tipper application, you are allowing us to initiate a transfer from your credit card for the amount of your tip and Tipper’s associated fees. You authorize us to try this transfer again if the initial transfer is rejected by your credit card institution for any reason. You are responsible for ensuring that you linked account has sufficient funds or credit available for your tip. Tipper will process your credit card funded transactions through the Visa, Mastercard or Discover network

We may, at our discretion, impose limits on the amount of money you can send as a tip on the Tipper application . You can view any sending limits on our [Tip Limits] page.

  1. Types of Users
    1. Verified Customer Record/Customer Record Language
      In order to use the payment functionality of Tipper’s application, you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Serviceand Privacy Policy. Any funds held in or transferred through the Dwolla Account are held or transferred by Dwolla’s financial institution partners as described in the Dwolla Terms of Service. You authorize Tipper to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through Tipper’s application, and Dwolla account notifications will be sent by Tipper’s, not Dwolla. Tipper will provide customer support for your Dwolla account activity, and can be reached at thetipperapp.com and support@thetipperapp.com.
    2. Receive Only Language
      “You expressly authorize Tipper’s service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You authorize Tipper to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available here.

 

  1. Receiving and Using Money Sent to You via Tipper

If we have verified the required identifying information that you provide to us, Tipper offers you the ability to send or accept tips from other people who have Tipper accounts. Money sent to you via the Tipper application is placed in your linked bank, credit, or debit account. Subject to certain holds imposed by your bank, you may use money sent to you for tips to other Tipper accounts or for any other legal uses.

We may, at our discretion, impose limits on the amount of money you can receive as a tip on the Tipper application . You can view any receiving limits on our FAQ page.

  1. Holding Money in Your Tipper Account

You cannot hold any money in a Tipper account. Instead, all money transferred via Tipper is taken from or placed in a linked bank account and passed through an account held by a third-party. The employee will see a wallet with a balance on the Tipper app. Those funds are held with a third-party until the user transfers them to their own linked bank account. Accordingly, the money you use or receive as tips in the Tipper Services is subject to the terms and conditions of that financial institution. Accordingly, Tipper provides no Federal Deposit Insurance Corporation (“FDIC”) insurance or other security for the money transferred using the Tipper Services.

  1. Linked Accounts and Tip Limits

You can manage linked bank, credit, and debit accounts in the Linked Accounts section of your Tipper account settings. We may set limits on the amount and size of tips transacted on the Tipper application, and you can view tip limits in the FAQs found on the mobile app and the website.

  1. Tipper Service Reviews

We review account and transaction activity at various times. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your account and your access to the Tipper Services until verification is completed.

Reviews may result in:

  • delayed, blocked or cancelled tips;
  • account limitation, suspension or termination;
  • money or payments being seized to comply with a court order, warrant or other legal process; and/or
  • money or payments you previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the payment).

Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised Tipper account, or if you were a participant in a transaction for goods and services between two personal accounts. In certain situation, Tipper has the right to unilaterally delete your account and block you from using the Tipper services

TIPPER SHOULD ONLY BE USED TO TRANSACT WITH PEOPLE YOU KNOW AND TRUST. DO NOT USE TIPPER TO TRANSACT WITH PEOPLE YOU DON’T KNOW. IF YOU USE TIPPER TO CONDUCT SUCH A TRANSACTION AND WE LATER REVERSE THE PAYMENT (WHICH COULD OCCUR IF IT IS DETERMINED THAT THIS AGREEMENT WAS VIOLATED OR IF THE PAYMENT WAS MADE USING A COMPROMISED PAYMENT METHOD OR ACCOUNT), YOU COULD LOSE THE MONEY SENT OR RECEIVED.

  1. Account Activity

Your account activity will be maintained by Tipper. You may view your Tipper account activity by logging into your Tipper account and clicking on Account Activity.

  1. Fees

In consideration of your use of the Tipper Services, you agree to pay a fee per tip executed through the Tipper mobile application. The fee will be charged to the bank account, debit card, or credit card you identify as the payment method for your tip. The fee will be included in the total amount due from your linked account. The fee (in addition to any other applicable fees charged by us directly or on behalf of any U.S. federal or state governmental authority) will be displayed online for your authorization prior to submission of the money transfer. Our fee schedule is subject to change from time to time in our sole and absolute discretion. In addition to any fees charged by Tipper, a tip may be subject to additional fees assessed by the U.S. federal government, the U.S. state where the tip originates, or the financial institution at which your recipient holds an account.

The fees applicable to using the Tipper Services can be found in the Fee Disclosure.  Fees and limits may change from time to time in our sole discretion. Additionally, a user will see the applicable fees being charged on the transfer page of the app, which is the last page shown before a tip is sent.

We may, at our discretion, impose limits on the amount and/or the number of tips you can send or receive. You can view any sending limit in our FAQs.  These tip limits apply for all transactions combined in your account.

You may also be charged a transaction fee by our third parties for the use of their services.

If you use your credit card as the payment method when sending money, you may also be charged a cash-advance fee by your card issuer.

In order to manage risk, we may limit the payment methods available when you make a tip.

Fees and limits may change from time to time in our sole discretion.

  1. Reversals and Invalidated Tips

Tips may be invalidated and reversed by us if, among other reasons, we sent the tip in error, the funding transaction is declined or reversed, the tip was unauthorized or unfunded, or if the tip was for activities that violate this user agreement or any other agreement with us.

As the sender or recipient of a tip that is later invalidated for any reason, you may be liable for the full amount of the tip and we may recover the amount of the tip (plus any fees) from you. We may recover the amount of the tip from either the sender or the recipient of an invalidated payment in our discretion (subject to applicable law). For example, if you send a tip funded by a bank account and the bank informs us it cannot cover the payment due to a lack of funds or a dispute, we may hold you liable for the payment, or if you were the recipient of that payment, we may reverse that payment from your account to cover the liability.

When recovering the amount of an invalidated payment from you, we may apply any money sent to you on the Tipper application and apply that money to amounts owed, and/or we may:

  • engage in collection efforts to recover such amounts from you; and
  • place a limitation or take other action on your Tipper account as outlined under Restricted Activities and Holds and Limitations.

If we invalidate a tip because the card issuer or originating bank declined or reversed the transaction, then you may be liable for the payment even if you disagree with the decision of the card issuer or originating bank to decline or reverse the payment. If you believe that a payment initiated with your Tipper account was not authorized, then you must notify us immediately, even if you (or someone else) disputes the transaction with the card issuer or originating bank.

Please see below under the heading Reporting an Unauthorized Transaction for information about how to notify us. If you fail to report the unauthorized activity directly to us, then we may recover the amount of the reversed payment from you, as described above.

Chargeback fees

If you receive a debit or credit funded payment and the tipper pursues a chargeback for the transaction with their card issuer, we may assess a chargeback fee.

Restricted Activities

In connection with your use of our websites, your Tipper account, the Tipper Services, or in the course of your interactions with us, other customers, or third parties, you must not:

  • Breach this user agreement, the Acceptable Use Policy, or any other agreement between you and us;
  • Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
  • Infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  • Use your Tipper account to conduct transactions for goods or services with other Tipper accounts, except as expressly authorized by Tipper;
  • Create or control more than one personal account for yourself without our express authorization, through, among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information;
  • Act in a manner that is defamatory, trade libelous, threatening or harassing;
  • Provide false, inaccurate or misleading information;
  • Send or receive what we reasonably believe to be potentially fraudulent money or payments for advertising, marketing, or otherwise on an unsolicited and unauthorized basis;
  • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
  • Attempt to double dip during the course of a dispute by receiving or attempting to receive money from both us and the recipient of a payment, bank or card issuer for the same transaction;
  • Control an account that is linked to another Tipper account that has engaged in any of these restricted activities;
  • Use the Tipper Services in a manner that results in or may result in:
    • complaints;
    • disputes; claims, reversals, chargebacks,
    • fees, fines, penalties or other liability or losses to Bluewheel Corporation or Tipper, other customers, third parties or you;
  • Use your Tipper account or the Tipper Services in a manner that we, Visa, Mastercard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules, or for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;
  • Have any amounts owed to us;
  • Provide yourself a cash advance from your credit card (or help others to do so);
  • Access the Tipper Services from outside the United States;
  • Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Tipper Services) operated by us or on our behalf or the Tipper Services;
  • Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Tipper Services;
  • Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;
  • Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Tipper Services) operated by us or on our behalf, any of the Tipper Services or other users’ use of any of the Tipper Services;
  • Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;
  • Use the Tipper Services to test credit card behaviors, or make excessive or unexplainable transactions;
  • Circumvent any of our policies or determinations about your Tipper account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional Tipper account(s) when you have amounts owed to us or when your Tipper account has been restricted, suspended or otherwise limited; opening new or additional Tipper accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Tipper account; or
  • Harass and/or threaten our employees, agents, or other users.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you’ve engaged in any restricted activities, we may take a number of actions to protect ourselves, our customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:

  • Terminate this user agreement, limit your Tipper account, and/or close or suspend your Tipper account without penalty to us;
  • Refuse to provide the Tipper Services to you in the future;
  • Limit your access to our software, systems (including any networks and servers used to provide any of the Tipper Services) operated by us or on our behalf, your Tipper account or any of the Tipper Services, including limiting your ability to send or receive money with any of the payment methods linked to your Tipper account, restricting your ability to send money or make bank transfers;
  • Update inaccurate information you provided us;
  • Take legal action against you; or
  • If you’ve violated our Acceptable Use Policy, then you’re also responsible for damages to us caused by your violation of this policy.

If we close your Tipper account or terminate your use of the Tipper Services for any reason, we’ll provide you with notice of our actions.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us, any customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the Tipper Services. For example, if you send a tip funded by your bank account and your bank informs us you do not have sufficient funds to cover the tip, you may be liable for the tip. Similarly, if you receive a tip and the tip is disputed, you may be liable for the tip amount.

  1. Holds and Limitations

What are holds and limitations

Under certain circumstances, in order to protect Tipper and the security and integrity of the network that uses the Tipper Services, Tipper may, in its sole discretion, take account-level or transaction-level actions. A hold may be placed on your account.

Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of Tipper, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your Tipper account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

Holds

A hold is an action that Tipper may take under certain circumstances either at the transaction level or the account level. When Tipper places a temporary hold on a tip, the money is not available to either the sender or the recipient. Tipper reviews many factors before placing a hold on a tip, including: account tenure, transaction activity, and past disputes.

Holds based on Tipper’s risk decisions

We may place a hold on transactions involving your Tipper account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a hold based on a number of factors, including information available to us from both internal sources and third parties.

Risk-based holds may remain in place for up to 180 days from the date the transaction was made. We may release the hold earlier under certain circumstances, but any earlier release is at our sole discretion.

Account Limitations

Limitations may be placed on your account to help protect Tipper and Tipper users when we notice restricted activities or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your Tipper account open.

There are several reasons why your Tipper account could be limited, including:

  • If we suspect someone could be using your Tipper account without your knowledge, we’ll limit it for your protection and look into the unusual activity.
  • If another financial institution alerts us that someone has used one of your linked payment methods without permission.
  • In order to comply with the law.
  • If we reasonably believe you have breached this agreement or violated the Acceptable Use Policy.

You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect us, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

  1. Court Orders, Regulatory Requirements or Other Legal Process

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your Tipper account, placing a hold or limitation on your Tipper account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you or your Tipper account. When we implement a hold or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold or limitation may remain in place longer than 180 days.

  1. Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your Tipper account, you should regularly log into your Tipper account and review your account statement. We will notify you by sending an email to your primary email address on file. You should review these notifications to ensure that each transaction was authorized and accurately completed.

We attempt protect you from unauthorized activity in your Tipper account. The following terms and conditions apply with respect to all Tipper Services.

What is an Unauthorized Transaction

An “Unauthorized Transaction” occurs when a tip is initiated from your Tipper 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 Tipper account, and sends a tip from your account, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

  • If you give someone access to your Tipper account (for example, by giving them your login information) and they use your Tipper account without your knowledge or permission. You are responsible for transactions made in this situation.
  • Invalidation and reversal of a payment as a result of the actions described under Reversals and Invalidated Tips.

Reporting an Unauthorized Transaction

If you believe your Tipper login information has been lost or stolen, please contact Tipper customer service immediately at support@thetipperapp.com.

Tell us AT ONCE if you believe that an electronic fund transfer has been made without your permission using your login information or by other means, or if your Tipper-activated mobile phone has been lost, stolen, or deactivated.

Also, if your Tipper account history shows tips that you did not make, including those made with your Tipper login information or by other means, tell us at once. If you do not tell us within 3 days after the transaction, you may not get back any money 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 may extend the time periods.

Filing a chargeback or reversal with your financial institution related to a Tipper payment does not constitute notice of an Unauthorized Transaction to us. You must contact us directly to notify us of Unauthorized Transactions by reaching out to Tipper customer services at support@thetipperapp.com.

  1. Error Resolution

What is an error

An “error” means the following:

  • When money is either incorrectly sent or received by you, or when a transaction is incorrectly recorded in your Tipper account.
  • You send a tip and the incorrect amount is debited from your linked account.
  • An incorrect amount is credited to your linked account.
  • A transaction is missing from or not properly identified in your Tipper account statement.
  • We make a computational or mathematical error related to your Tipper account.

What is not considered an error

The following are NOT considered errors:

  • If you give someone access to your Tipper account (by giving them your login information) and they use your Tipper account without your knowledge or permission. You are responsible for transactions made in this situation.
  • Invalidation and reversal of a payment as a result of the actions described under Reversals and Invalidated Tips.
  • You request a receipt or periodic statement documents that we are required to provide to you.
  • Routine inquiries about your Tipper account or the status of a pending tip, unless you expressly notify us of an error in connection with the tip.
  • Requests for duplicate documentation or other information for tax or other recordkeeping purposes.

In case of errors or questions about your tips

Contact us at support@thetipperapp.com .

Notify us as soon as you can if you think your statement or receipt is wrong or if you need more information about a tip listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. Filing a chargeback or reversal with your financial institution related to a Tipper tip does not constitute notice of an error to us. You must contact us directly to notify us of errors. When you notify us:

  • Tell us your name and account number (if any).
  • Describe the error or the tip you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 5 Business Days.

We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question.

We will tell you the results of our investigation 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. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.
  • If we decide that there was no error, we will send you a written explanation, and, 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 ask for copies of the documents that we used in our investigation.
  1. Processing Errors

We will rectify any processing error that we discover. If the error results in:

  • You receiving less than the correct amount to which you were entitled, then we will credit your linked account for the difference between what you should have received and what you actually received.
  • You receiving more than the correct amount to which you were entitled, then we will debit your linked account for the difference between what you actually received and what you should have received.

Processing errors are not:

  • Delays that result from us applying holds or limitations.
  • Delays based on a payment review or bank transfer review.
  • Your errors in making a tip (for example, mistyping an amount of money that you are tipping).
  1. Communications Between You and Us

If you provide us your mobile phone number, you agree that we, including our affiliates, may contact you at that number using autodialed or prerecorded message calls or text messages to: (i) service your Tipper account, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent.

We may communicate with you about your Tipper account and the Tipper Services electronically as described in our Consent to Receive Electronic Disclosures. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you.

You understand and agree that, to the extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

  1. Our Rights

Our suspension and termination rights

We, in our sole discretion, reserve the right to suspend or terminate this User Agreement, access to or use of our websites, software, systems (including any networks and servers used to provide any of the Tipper Services) operated by us or on our behalf or some or all of the Tipper Services for any reason and at any time upon notice to you and, upon termination of this User Agreement.

Amounts owed to us

We may deduct amounts owed to us, in whole or in part, from money that is sent to or from your Tipper account. While you owe amounts to us, we may:

  • reverse tips you have sent;
  • engage in collection and other efforts to recover such amounts from you, including, but not limited to, making attempts on your linked payment methods to cover the amounts; and
  • place a limitation or take other action on your Tipper account as outlined under Holds and Limitations.

If you have more than one Tipper account, even if you have those accounts without our authorization and in breach of this agreement, we may set off amounts owed to us in one Tipper account against money sent or received from your other Tipper account(s). If you continue using your Tipper account when you have amounts owed to us, you authorize us to combine amounts owed to us with any debit or transaction sent from your account.

In addition to the above, if you have a past due amount owed to us, including our affiliates, we may debit your Tipper account or accounts held at our affiliates or various products to pay any amounts that are past due.

YOU SHOULD CONFIRM THAT YOUR PAYMENT METHODS CONTAIN FUNDS SUFFICIENT TO COVER ANY AMOUNTS TIPPED. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.

Insolvency proceedings

If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this agreement.

Assumption of rights

If we invalidate and reverse a tip that you made to a recipient (either at your initiative or otherwise), you agree that we assume your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in our discretion.

No waiver

Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

  1. Indemnification and Limitation of Liability

In this section, we use the term “Tipper” to refer to Bluewheel Corporation, our parent company, and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

Indemnification

You must indemnify Tipper for actions related to your Tipper account and your use of the Tipper Services. You agree to defend, indemnify and hold Tipper harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the Tipper Services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your Tipper account or access our websites, software, systems (including any networks and servers used to provide any of the Tipper Services) operated by us or on our behalf, or any of the Tipper Services on your behalf.

Limitation of liability

Tipper’s liability is limited with respect to your Tipper account and your use of the Tipper Services. In no event shall Tipper be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Tipper Services) operated by us or on our behalf, any of the Tipper Services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, Tipper is not liable, and you agree not to hold Tipper responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our mobile application, website, software, systems (including any networks and servers used to provide any of the Tipper Services) operated by us or on our behalf, or any of the Tipper Services; (2) delays or disruptions in our mobile applications, websites, software, systems (including any networks and servers used to provide any of the Tipper Services) operated by us or on our behalf and any of the Tipper Services; (3) viruses or other malicious software obtained by accessing our mobile applications, websites, software, systems (including any networks and servers used to provide any of the Tipper Services) operated by us or on our behalf or any of the Tipper Services or any mobile application, website or service linked to our mobile applications, websites, software or any of the Tipper Services; (4) glitches, bugs, errors, or inaccuracies of any kind in our mobile applications, websites, software, systems (including any networks and servers used to provide any of the Tipper Services) operated by us or on our behalf or any of the Tipper Services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your Tipper account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

  1. Disclaimer of Warranty and Release

No warranty

The Tipper Services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

We do not have any control over the users who use Tipper as a tipping method, and we cannot ensure that a Tipper user you are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted or secure access to any part of the Tipper Services, and operation of our mobile application, websites, software, or systems (including any networks and servers used to provide any of the Tipper Services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, and credit cards are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because the Tipper Services are dependent upon many factors outside of our control, such as delays in the banking system or U.S. or international financial services. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

Your Release of Us

If you have a dispute with any other Tipper account holder, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

If you have a dispute about a tip entered with us, you may contact us at support@thetipperapp.com.

  1. Agreement to Arbitrate

If a dispute arises between you and Tipper regarding the Tipper Services or otherwise, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Tipper regarding the Tipper Services may be reported to customer service at support@thetipperapp.com.

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.

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.

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.

  1. Content Posted by Users

When using Tipper’s products and services, you may have the ability to post content associated with your tips (e.g., thank you notes). You are solely responsible for all content that you provide, post, upload or submit. Please reach out to support@thetipperapp.com should you receive an offensive message. We will have a zero tolerance policy regarding offensive messages and have the ability to permanently remove a user after an investigation into the matter.

We are not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality or applicability of any content posted by users on Tipper. Tipper does not endorse, guarantee, make representations or provide warranties regarding any such content.

Tipper may, in its sole discretion, reject or remove any content that violates our content standards below or for any other reason we deem the content inappropriate. Tipper shall have no obligation to monitor content posted, uploaded or submitted by a user, but may do so at its sole discretion. Tipper is not responsible for any failure or delay in removing any such content.

Content Standards

You may not post or submit any content that violates our Acceptable Use Policy or any content that is:

  • false, misleading, deceiving, inaccurate or dishonest
  • defamatory or invasive of another person’s right of privacy or right of publicity
  • harmful, obscene, harassing, abusive, offensive, objectionable, violent or condoning violence or harm, displaying nudity or sexual activity, or otherwise unfit for publication
  • inciting hatred of individuals or groups based on race or ethnic origin, religion, nationality, disability, gender, age, veteran status, or sexual orientation/gender identity; portraying or inciting animal cruelty or neglect
  • illegal, such a criminal activity, terrorism, obscenity, child pornography, human exploitation, gambling, drug use, firearms or ammunition, and piracy
  • infringing intellectual property or other proprietary rights of any party, or not authorized, such as content that you did not create or do not have the permission to use
  • creating a privacy or security risk to any person
  • spam, letters or pyramid schemes
  • in Tipper’s sole discretion, objectionable or exposes users to harm or liability.

Please report inaccurate, inappropriate or offensive content, policy violations or other violations to our Content Standards (other than intellectual property infringement claims, which are covered in section Submitting Intellectual Property Complaints) to our Customer Service email at support@thetipperapp.com.

  1. Intellectual Property

Our trademarks

“Tipper,” and all logos related to the Tipper Services are either trademarks or registered trademarks of Bluewheel Corporation or Bluewheel Corporation’s licensors. You may not copy, imitate, modify or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Bluewheel. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by us for the purpose of directing web traffic to the Tipper Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes Tipper or the Tipper Services or display them in any manner that implies Tipper’s or Bluewheel Corporation’s sponsorship or endorsement. All right, title and interest in and to the Tipper mobile application any content thereon, the Tipper Services, the technology related to the Tipper Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Bluewheel Corporation and its licensors.

License grants, generally

If you are using our software such as an API, developer’s toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then Bluewheel Corporation grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use our software in accordance with the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the Tipper Services. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, us and third parties. We may update or discontinue any software upon notice to you. While we may have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the Tipper Services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title and interest to our software are owned by Bluewheel Corporation and any third party materials integrated therein are owned by our third party service providers. Any other third party software application you use on the Tippre mobile application is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that Bluewheel Corporation does not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software and/or in connection with the Tipper Services.

License grant from you to Bluewheel Corporation; intellectual property warranties

We do not claim ownership of the content that you provide, upload, submit or send to us. When you provide content to us or post content using Tipper Services, you grant us, our affiliates and our users (including parties that we work with) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable and worldwide license to duplicate, copy, display, publish, upload, perform, distribute, modify, create derivative works, delete, post, forward to others and otherwise use your content and associated intellectual property and publicity rights to help us improve, operate, promote, advertise and market our current services and develop new ones, in any form, medium or technology now known or later developed. We will not compensate you for any of your content.

You further represent and warrant that (1) you own or otherwise have all the licenses, rights, consents and permissions in your content necessary to make the above license and grant, (2) your content is accurate and (3) your content and our use of your content do not and will not infringe any intellectual property, privacy, proprietary or publicity rights, or otherwise violate confidentiality obligations, these terms or applicable law. Further, you agree to waive your moral rights and promise not to assert any rights in your content against us.

Submitting Intellectual Property Complaints

We respect the intellectual property of others and require that Tipper account holders comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish content on the Tipper platform that is subject to intellectual property rights claims.

We may terminate an infringer’s access to Tipper products or services in our sole discretion and we will terminate accounts of repeat infringers.

  1. Miscellaneous

Assignment

You may not transfer or assign any rights or obligations you have under this user agreement without our prior written consent. We may transfer or assign this user agreement or any right or obligation under this user agreement at any time.

Business Days

“Business Day(s)” means Monday through Friday, excluding holidays when Tipper’s offices are not considered open for business in the U.S. Holidays include New Year’s Day (January 1), Martin Luther King, Jr.’s Birthday (the third Monday in January), George 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, we observe the holiday on the prior Friday. If the holiday falls on a Sunday, we observe the holiday on the following Monday.

Google Maps

Your use of Google Maps while using the Tipper Services on the Tipper app is subject to the then-current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.

Governing law

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of New York, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and Tipper regarding your use of the Tipper Services.

Identity authentication

You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

  • asking you for further information, such as your date of birth, a social security or taxpayer identification number, your physical address and other information that will allow us to reasonably identify you;
  • requiring you to take steps to confirm ownership of your email address, phone number or financial instruments;
  • ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources; or
  • requiring you to provide your driver’s license or other identifying documents.

Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you use certain Tipper Services. We reserve the right to close, suspend, or limit access to your Tipper account and/or the Tipper Services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

Tipper is only a payment service provider

We act as a payment service provider only. We are not a money transfer service, are not licensed as a money service bureau, and do not:

  • Act as an escrow agent with respect to any money sent to you on Tipper that has not been transferred;
  • Act as your agent or trustee;
  • Enter into a partnership, joint venture, agency or employment relationship with you;
  • Guarantee the identity of any user or seller;
  • Determine if you are liable for any taxes; or
  • Unless otherwise expressly set out in this agreement, collect or pay any taxes that may arise from your use of our services.

Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

Third party providers

The Tipper mobile application works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Your use of the Tipper Services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service, which we collectively refer to as “Covered Third Parties.” You agree to comply with all applicable third-party terms of agreement when using the Tipper Services. We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and Tipper, not with any Covered Third Party. You acknowledge and agree that we are solely responsible for the Tipper Services and for providing maintenance and support services for the Tipper Services.

Covered Third Parties have no warranty obligations whatsoever with respect to the Tipper Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Tipper Services to conform to any warranty provided by us, if any, will be our sole responsibility.

We, not any Covered Third Parties, are responsible for addressing any claims relating to the Tipper Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Tipper Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims.

If you are using the Tipper 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 Tipper Services.

Your use of information; Data protection laws

If you receive information about any Tipper customer, you must keep the information confidential and only use it in connection with the Tipper Services. You may not disclose or distribute any information about Tipper users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so. You may not send unsolicited emails to a Tipper customer or use the Tipper Services to collect payments for sending, or assist in sending, unsolicited emails to third parties.

The privacy and data protection laws that may apply include any associated regulations, regulatory requirements and codes of practice applicable to the provision of the services described in this agreement.

In complying with such laws, you will:

  • implement and maintain all appropriate security measures for the processing of personal data; and
  • not knowingly do anything or permit anything to be done which might lead to a breach of any privacy data protection laws by us.
Privacy Policy

PRIVACY POLICY

 

This Privacy Policy outlines how Bluewheel Corporation and its affiliates (collectively, the “Company,” “Tipper,” “we,” “our,” or “us”) process the information we collect about you through our mobile apps, websites, and other online services (collectively, the “Tipper Services”) and when you otherwise interact with us, such as through our customer service channels.

 

If you are a California resident, please also see the “Notice to California Residents” section below. If you have a Tipper account, or have taken steps to register for an account, you can also review our Consumer Privacy Notice for a summary of our practices regarding the information we collect about you.

 

  1. TYPES OF INFORMATION COLLECTED AND HOW WE COLLECT THEM.

Personal Information You Provide:

We collect the following personal information you provide when you use our Services, like when you sign up for an account, request a transaction, enroll in a promotion or program, or otherwise engage or communicate with us:

Identity Data includes your full name, date of birth, gender, social security numbers, and other data on government-issued identification documents.

Contact Data includes your email address, mailing address, and telephone numbers.

Financial Data includes your bank account and payment card details, and information about your income, account balances, financial transaction history, credit history, tax information, and credit scores.

Profile Data includes your username and password, tips sent or received by you, your knowledge assessment results, and your interests, preferences, feedback, and survey responses.

Usage Information includes information about how you access and use our Services, such as your actions on the Services, including your interactions with others on the Services, your username, and other content you provide (“Usage Information”). We only access your device camera roll and camera with your permission. If you need to update your permissions, you can do so in your device’s settings. Please remember that Tipper may, but has no obligation to, monitor, record, and store Usage Information in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, to protect and defend our rights and property, or for other reasons relating to our provision of the Services. By using the Services, you consent to the recording, storage, and disclosure of such information you send or receive for these purposes.

Contact List Information With your permission, we may access your contact list on your mobile device or in your email accounts so that you can identify your contacts on the Services and direct the invitation of your contacts. We store and use this information to suggest referrals or connections and for other reasons related to our provision of the Services. We make these recommendations based on your contact list information as well as, with their consent, your contacts’ information if they are also a Tipper customer. We only access your contact list information with your explicit permission. If you provide us with personal data from your third-party contacts, it is your responsibility to ensure that the communication of such data to, and further processing by, Tipper is lawful. For example, when you provide us with information about your contacts, we may use it to let you know which of your contacts have also signed up for our Services or, at your exclusive direction, send messages to your contacts regarding our Services. We will not send messages to your contacts that are not explicitly directed by you.

 

Personal Information Collected Automatically:

As is true of many digital platforms, we collect certain personal information automatically when you use the Tipper Services, including:

Location Data. To help us protect against fraud, provide the Tipper Services to you, and improve our services, we collect location data, including current and historical information concerning a user’s geographic location, GPS location, transaction location, and IP addresses that they use in conjunction with our Services. We collect your precise location data with your permission, and use that information, for example, to help protect against fraud by detecting and declining debit card transactions that may occur far away from your device’s location. We collect information about your location through GPS, Wi-Fi, wireless network triangulation, or other methods in order to obtain your location. We may also approximate your location by your IP Address. We also use the Google Maps API to gather information about your location. Google uses various technologies to determine your location, including IP address, GPS, and other sensors that may, for example, provide Google with information on nearby devices, Wi-Fi access points, and cell towers (see Google’s Privacy Policy to learn more).

Usage and Device Data Collected Automatically Through Tracking Technologies. To provide a personalized and enhanced user experience, we, and our third-party partners, automatically collect certain types of usage information when you visit or use our Services, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, Flash objects, web beacons, embedded scripts, location identifying technologies, file information, and similar technology (collectively, “Tracking Technologies”). For example, we collect information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, a unique ID (that allows us to uniquely identify your browser, mobile device, or your account), and other similar information. We use Tracking Technologies to help ensure that you have a high-quality experience on our Services. We also use Tracking Technologies to aid in the targeted advertising of our services on other platforms. From your device manufacturer, we also may collect the names of other third-party applications that you have downloaded on your device.

If you prefer, you can change your cookie settings. Some browsers have options that allow the user to control whether the browser will accept cookies, reject cookies, or notify the user each time a cookie is sent. You may elect to reject cookies by adjusting your settings, but doing so will limit the range of features available to you on our Services and other websites. Be sure to read any information provided by your browser developer to understand the limitations of these settings, as they may differ from browser to browser and may not apply to all technologies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email, used our Services, or performed certain functions with it.

Our Services also occasionally use “local shared objects” (also known as “Flash cookies”). Like browser cookies, Flash cookies may be used for coordinating content delivery, website functionality, maintaining preferences, advertising, or analytics. Unlike browser cookies, “Flash cookies” are not stored in the browser. You may be able to manage these Flash cookies by visiting the Adobe website here .

Do-Not-Track Signals and Similar Mechanisms . Some web browsers transmit “do-not-track” signals to websites. We currently don’t take action in response to these signals.

 

Personal Information from Other Sources and Third Parties:

We also obtain personal information from other sources, which we often combine with personal information we collect either automatically or directly from you.

Third-party Data includes data that we collect from business partners, marketing, and vendor partners.

Employment Verification. If you sign up for an account as a service provider, we may access your employment data through a third-party to verify your employment.

Account Verification. Tipper uses an account verification service (“Verification Service”) through Plaid Inc. (“Plaid”) to open your account and periodically check to verify your banking information. In order to open and maintain your Tipper account, you acknowledge and agree that the terms of Plaid’s End User Privacy Policy (currently located at www.plaid.com/legal/#consumers). Further, you expressly grant Plaid the right, power, and authority to access and transmit your information as reasonably necessary for Plaid to provide its banking verification services.

Account Linking. Tipper offers account linking and aggregation services (“Linking Services”) through a third-party. Further, you expressly grant this third-party the right, power, and authority to access and transmit your information as reasonably necessary to provide the Linking Services to you.

Third Party Services. If you link, connect, or log in to your Tipper Account with a third-party service (e.g. Google, Apple), the third-party service may send us information such as your profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.

Publicly Available Data includes contact information, employment-related information, and other information from publicly available sources. We may combine this information with the information we collect from you directly. We use this information to contact you, to send you advertising or promotional materials, to personalize our Services, and to better understand the demographics of our users.

Transaction Data: We generate and collect the data you create through the transactions initiated and completed on the Tipper app or otherwise using the Tipper Services.

 

  1. HOW WE USE YOUR INFORMATION.

We use and process the information we collect for purposes described in this Privacy Policy or as otherwise described to you or in connection with the Tipper Services. For example, we use your information to:

Create and process your account and deliver the Tipper Services to you, including to allow you to register for the Tipper Services and participate in interactive features and for Tipper and/or third parties to authenticate your identity, handle billing and account management, fulfill our legal and regulatory obligations, and complete other administrative matters;

Send you transactional information, including confirmations, invoices, technical notices, product and services information and announcements, software updates, security alerts, support and administrative messages, and information about your transactions with us;

Communicate with you such as to respond to your comments and questions, deliver newsletters or other content we believe you will be interested in, provide customer service or feedback, contact you about amounts owed, conduct surveys, respond to employment opportunities for which you’ve applied, notify you about upcoming events, or for any other purposes in connection with the Services;

Conduct research and analytics to understand our visitors and customers and tailor our product offerings;

Provide you with updates about products and services offered by us and selected partners, as well as facilitate new contests, sweepstakes, promotions, and rewards;

Make suggestions and recommendations to you about things that are similar to those about which you have inquired or that may otherwise be of interest to you, such as providing you with advertisements based on your interests and activity on the Services;

Monitor, administer, and enhance our Services, including troubleshooting, data analysis, testing, research, statistical, and survey purposes;

Enhance the safety and security of our Services, business, and users, and investigate or provide notice of fraud or unlawful or criminal activity;

Perform audits and protect or exercise our legal rights or defend against legal claims, including to enforce and carry out contracts and agreements; and

Comply with applicable laws and legal obligations.

 

  1. DISCLOSURES OF PERSONAL INFORMATION.

We are committed to maintaining your trust, and we want you to understand when and with whom we may share the personal information we collect. We may share your personal information in the instances described below. For further information on your choices regarding your personal information, see the “Control Over Your Information” section below. We do not sell or rent your personal information to third parties, aside from substantial corporate transactions (described below).

Authorized third-party vendors and service providers . We share personal data with certain authorized and vetted contractors, subcontractors, third-party vendors, and service providers who help us run and protect our business. This includes sending emails, conducting business analytics, marketing, and data processing. For example, we may share personal data with service providers that identify and serve targeted advertisements or provide mailing services, tax and accounting services, contest fulfillment, web hosting, or analytics services.

Substantial corporate transactions . We may share personal data in connection with a substantial corporate transaction, such as the sale of a website, a merger, consolidation, reorganization, financing, change or control or acquisition of all or a portion of our business by another company or third party, asset sale, initial public offering, or in the unlikely event of bankruptcy or similar proceeding.

Legal purposes . We disclose personal data to respond to subpoenas, court orders, legal process, law-enforcement requests, legal claims, or government inquiries and to protect and defend the rights, interests, safety, and security of Tipper, our affiliates, users, or the public.

With your consent. We share personal data for any other purposes disclosed to you with your consent. We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.

 

  1. THIRD-PARTY LINKS.

Some of the Services may contain links to content maintained by third parties that we don’t control. We’re not responsible for the privacy practices of these third parties or the content on the third-party services, and the information practices of these third parties are not covered by this Policy. Please note that these third-party services have their own privacy policies, and we strongly recommend that you read their privacy policies as well as terms and conditions of use to understand how they collect, use, and share your information.

 

  1. THIRD-PARTY TRACKING AND ONLINE ADVERTISING.

We participate in interest-based advertising and use third-party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. We permit third-party online advertising networks, social media companies, and other third-party services to collect information about your use of our Services over time so that they may play or display ads on other websites, apps, or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies. For advertising, we may share a common account identifier (such as an email address or user ID) or hashed data with our third-party advertising partners to help identify you across devices. We and our third-party partners use this information to make the advertisements you see online on other platforms more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.

We’re not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Policy. Some of these companies are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. To learn more, please visit http://www.networkadvertising.org/choices or the DAA’s resources, available at http://www.aboutads.info/choices . You may also be able to set your browser to delete or notify you of cookies by actively managing the settings on your browser or mobile device. Please note that some advertising opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers, or delete the opt-out cookies, you may need to perform the opt-out task again. You may also be able to limit certain interest-based mobile advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt out of interest-based ads” (Android).

Google Analytics and Advertising . We use Google Analytics to recognize you and link your devices and when you use our Services on your browser or mobile device, log in to your account on our Services, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the Services. Google Analytics allows us to better understand how our users interact with our Services and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, see “How Google uses data when you use our partners’ sites or apps” linked here: http://www.google.com/policies/privacy/partners/ . You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On, here: https://tools.google.com/dlpage/gaoptout/. We may also use certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features let us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your use of our Services. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences  , or by visiting NAI’s online resources at http://www.networkadvertising.org/choices  .

 

  1. CONTROL OVER YOUR INFORMATION.

Account profile. You may update certain of your account profile information by logging into your account.

Access to your device data. You may control the mobile app’s access to your device information in your device’s settings. For instance, you can withdraw permission for the app to access your contact list or photo gallery.

How to control your communications preferences. You can stop receiving promotional emails from us by clicking on the provided “unsubscribe” link. You may not opt out of service-related or other non-promotional communications (e.g., account verification, transactional communications, changes/updates to features of the Services, and technical and security notices).

 

  1. NOTICE TO CALIFORNIA RESIDENTS.

This section provides additional details about the personal information we collect about California residents and the rights afforded to them under the California Consumer Privacy Act (“CCPA”).

Subject to certain limitations and exceptions, the CCPA provides California residents the right to request more details about the categories and specific elements of personal information we collect, to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights. We do not sell information about you to third parties. In order to help Tipper deliver advertising and marketing on other platforms, we do allow third parties to collect information through our Services. Please see the “Third-Party Tracking and Online Advertising” section above for more details, including choices available to you.

In the last 12 months, we have no collected any categories of personal information subject to the CCPA. When we start collecting information, we plan to collect identifiers (such as email address and IP address), approximate geolocation information, and Internet or other electronic network activity information (such as browsing history and related usage data). For more details about the information we collect and the categories of sources of this information, please see the “Types of Information Collected and How We Collect Them” section above. We share this information with the categories of third parties described in the “Disclosure of Personal Information” section above.

California residents may make a consumer rights request for access to certain personal information subject to the CCPA, not otherwise exempted as nonpublic personal information collected by financial institutions, by sending an email to support@thetipperapp.com

We may verify the request by asking you to provide information that matches information we have on file about you. You can also designate an authorized agent to exercise these rights on your behalf, but we will require proof that the person is authorized to act on your behalf and may also still ask you to verify your identity with us directly.

 

  1. TRANSFER OF PERSONAL INFORMATION.

Our Services are currently designed for use only in certain select markets. If you are using our Services from another jurisdiction, your information collected through our Services may be stored and processed in the United States or any other country in which Tipper or its parent, subsidiaries, affiliates, or service providers maintain facilities or conduct business activities. If you are located in other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data-protection laws as your jurisdiction.

 

  1. CHILDREN’S PRIVACY

We do not knowingly collect or solicit any information from anyone under the age of 18. In the event that we learn that we have inadvertently collected personal information from a child under age 18, we will take reasonable steps to delete that information. If you believe that we might have any information from a child under 18, please contact us at support@thetipperapp.com.

 

  1. CHANGES TO THIS POLICY

This Privacy Policy will evolve with time, and when we update it, we will revise the “Effective Date” above and post the new Policy. To stay informed of our privacy practices, we recommend you review the Policy on a regular basis as you continue to use our Services.

 

  1. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Services, please contact us at support@thetipperapp.com.

Thank you for your interest in The Tipper App.
the Android version will be ready September 2021