Terms of Service
PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY TIPJAR LLC ("TIPJAR," "WE," "US," OR "OUR"). BY CREATING AN ACCOUNT, ACCESSING, OR USING THE TIPJAR PLATFORM, SOFTWARE, OR SERVICES (COLLECTIVELY, THE "SERVICES"), YOU ("CUSTOMER," "YOU," OR "YOUR") AGREE TO BE BOUND BY THIS AGREEMENT.
1. Services and Access
1.1 Platform Grant
Subject to the terms of this Agreement, TipJar grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the TipJar software platform for internal business operations related to tip calculation, distribution management, and POS data integration.
1.2 Account Security
Customer is responsible for maintaining the confidentiality of all account credentials and for all activities that occur under its account.
2. Billing and Payment Processing (Stripe Integration)
2.1 Third-Party Payment Processor
TipJar utilizes Stripe, Inc. ("Stripe") to process all subscription payments, platform fees, and payment transactions. By subscribing to or using the Services, Customer agrees to be bound by the Stripe Services Agreement available at https://stripe.com/legal/ssa.
2.2 Payment Information
TipJar does not store, process, or transmit raw credit card numbers or banking credentials directly. All payment data is collected directly and handled securely by Stripe in compliance with Payment Card Industry Data Security Standards (PCI-DSS).
2.3 Billing Obligations
Customer authorizes Stripe to bill Customer's designated payment method on a recurring basis for all applicable fees, including monthly subscriptions or usage-based charges. All fees paid are non-refundable except as required by law or as expressly agreed to in writing by TipJar.
3. Exclusion of Payroll and Wage Liability
3.1 Informational Software Only
TipJar provides calculation tools, software algorithms, and data integration services designed to assist Customer in calculating tip distributions according to parameters defined exclusively by Customer. TipJar is not a payroll provider, financial advisor, or legal advisor.
3.2 Complete Customer Responsibility for Wage & Hour Laws
Customer assumes total responsibility for compliance with all federal, state, and local laws governing tip pooling, tip sharing, minimum wage, tip credits, and payroll taxes (including, without limitation, the U.S. Fair Labor Standards Act / FLSA).
3.3 FLSA & Role Eligibility Disclaimer
Customer acknowledges and agrees that federal law (including the Fair Labor Standards Act) and state labor laws restrict which employee roles (e.g., managers, supervisors, exempt staff) may participate in tip pools or receive tip distributions. TipJar provides automated rule engines based strictly on inputs configured by Customer. Customer is solely responsible for ensuring that any manager, employee, or contractor configured to receive tips in TipJar is legally eligible to do so under applicable federal, state, and local law.
3.4 No Joint Employer Status
Nothing in this Agreement or in the provision of the Services shall be construed to create an employer-employee, joint employer, co-employer, agency, or partnership relationship between TipJar and any of Customer's employees, contractors, or staff. Customer remains the sole employer responsible for wage payments, withholdings, tax filings, and employment policies.
3.5 No Responsibility for Payroll Disputes
TipJar assumes zero liability or responsibility for any disputes, legal claims, wage-and-hour violations, government audits, or administrative proceedings arising between Customer, Customer's employees, independent contractors, or third parties regarding:
- (a) The accuracy, legality, or equity of Customer's chosen tip-sharing policies or pool percentages.
- (b) Discrepancies between TipJar's calculated outputs and actual payroll disbursements executed by Customer.
- (c) Unpaid, misallocated, late, or underpaid tips, wages, or taxes.
- (d) Employee claims of illegal tip retention or improper tip pool participation.
3.6 Ultimate Verification
Customer retains the sole duty to audit, review, verify, and approve all tip reports generated by TipJar prior to submitting such calculations to any payroll system or dispersing funds to employees.
4. POS Integrations, Data Accuracy & Payouts
4.1 Third-Party POS Platforms
The Services integrate with Point-of-Sale (POS) software, timekeeping software, or accounting platforms (e.g., Clover, Toast, Square). TipJar is not responsible for the availability, accuracy, or service outages caused by third-party POS platforms or APIs.
4.2 POS Connectivity & Data Retention
TipJar ingests shift and sales data via third-party POS APIs. TipJar is not liable for data corruption, missing records, or calculation errors resulting from inaccurate, missing, or corrupted data transmitted from Customer's POS, POS offline modes, API outages, or manual overrides by Customer's managers. TipJar reserves the right to establish reasonable limits on historical data storage and retention.
4.3 Banking Data Accuracy & Payout Errors
To the extent the Services generate or facilitate direct payouts, electronic funds transfers, digital card loads, or exports to third-party payment/payroll engines, TipJar relies entirely on account, routing, and identity details provided by Customer or Customer's employees. TipJar shall have no liability for misdirected funds, failed transfers, or banking penalties resulting from incorrect, fraudulent, or outdated banking information entered into the platform.
5. Term, Cancellation, and Suspension
5.1 Subscription Term
This Agreement commences on the date Customer creates an account or accepts these Terms and continues on a recurring subscription basis until terminated or canceled in accordance with this Section.
5.2 Cancellation via Stripe Billing
Customer may cancel their TipJar subscription at any time through the billing dashboard powered by Stripe. Subscription cancellations are processed directly by Stripe upon request.
5.3 Post-Cancellation Account Status & Access
Upon receipt of cancellation notification from Stripe (or upon failure/expiration of a subscription payment):
- (a) Customer's access to core active platform features (including daily POS calculations, automated tip distribution workflows, and active sync pipelines) will be immediately suspended or limited.
- (b) Customer will retain authenticated login access to their TipJar account dashboard for record-keeping and historical reporting purposes, but will be unable to run new tip calculations or access active software functionality without updating a valid payment method via Stripe.
5.4 Termination by TipJar
TipJar reserves the right to suspend or terminate Customer's access to the Services immediately, without prior notice, if Customer breaches any provision of this Agreement, fails to pay applicable fees, or engages in fraudulent or unauthorized activity.
6. Intellectual Property & Data Rights
6.1 TipJar Ownership
TipJar retains all right, title, and interest (including all patent, copyright, trade secret, and other intellectual property rights) in and to the platform, software, algorithms, interfaces, designs, and trademarks. Customer acquires no ownership rights under this Agreement.
6.2 Customer Data License
Customer grants TipJar a non-exclusive, worldwide, royalty-free license to ingest, store, process, and display Customer's POS sales, employee shift, and payroll data solely to provide, support, maintain, and improve the Services.
7. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TIPJAR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TIPJAR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF ACCURACY DISCREPANCIES.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TIPJAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR WAGE PENALTIES) ARISING FROM OR RELATED TO THE USE OF THE SERVICES.
TIPJAR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO TIPJAR IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9. Indemnification
Customer agrees to defend, indemnify, and hold harmless TipJar and its affiliates, officers, directors, and employees from and against any third-party claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
- (a) Customer's breach of this Agreement.
- (b) Any wage, tip-sharing, labor law, or payroll dispute between Customer and its employees or contractors.
- (c) Customer's violation of applicable laws, including federal or state labor and tip-pooling regulations.
10. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Charlotte, North Carolina, and the parties hereby consent to personal jurisdiction therein.
11. Contact Information
If you have any questions regarding these Terms of Service, please contact us at:
- TipJar LLC
- Email: [email protected]