This Terms of Service (“Agreement”) is a legally binding agreement between you and TiFiPay (“TiFiPay” or “we” or “us”), and it applies to your use of the beta or promotional version of the TiFiPay application (collectively, the “Promotional App”). Please read this agreement carefully because it informs you of your rights and obligations for these transactions. You should keep this Agreement for future reference. By accessing or using the Promotional App, you accept and agree to be bound by the terms and conditions described in this Agreement. If you do not agree, you are not permitted to use and you must immediately stop using the Promotional App. We may amend this Agreement at any time and from time to time by posting a revised version on the Promotional App. Amended terms are effective at the time we post them and your continued use of the Promotional App constitutes your acceptance of any amended terms. We may provide you with notice regarding upcoming terms changes by email, text message or other means. This Agreement contains a mandatory arbitration provision that, as further set forth below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind. The Promotional App is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely as long as you are permitted by TiFiPay to use the Promotional App, we hereby permit you, on a limited, non-exclusively, revocable, non-transferable, non-sublicensable basis, to install and use the Promotional App on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Promotional App and remove (that is, uninstall and delete) the Promotional App from your mobile device.
Using the Promotional App
By signing up for and using the Promotional App, you have the ability to view or use certain features and functionality that we may offer to customers once the final version of our TiFiPay App (as defined in our Terms of Service for the TiFiPay App available at https://www.tifipay.com/terms-of-service) (“TiFiPay App Terms”) is released, as described in the TiFiPay App Terms. Additionally, in connection with your use of the Promotional App, you have the ability to earn tickets to be entered into drawings through your use of the Promotional App, for the opportunity to be awarded cash rewards if your ticket is selected in TiFiPay’s periodic drawings, as further described in this Agreement and on the terms and conditions set forth herein, including that your use of the Promotional App also is subject to our Sweepstakes Official Rules, available at https://www.tifipay.com/promo/contest-rules (“Sweepstakes Official Rules”). By accessing or using the Promotional App, you agree to the additional terms and conditions of the Sweepstakes Official Rules, which are hereby incorporated into this Agreement.
Please be aware that any use of the TiFiPay App will be governed by the terms and conditions set forth in the TiFiPay App Terms and not the terms and conditions of this Agreement. Any capitalized terms used in this Agreement but not defined herein shall have the meaning given in the TiFiPay App Terms.
Identity Verification and Information Accuracy
When you register for the Promotional App, you are required to provide TiFiPay with information that allows us to verify your identity, including your phone number. You may be required to provide additional information or documentation to allow TiFiPay to verify your identity and/or your account information. TiFiPay may also verify your information against third party databases or other sources, and you authorize TiFiPay to make such inquiries. TiFiPay also will use third party databases to determine whether you are on any watch lists, including any lists maintained by the US Office of Foreign Assets Control. If your name appears on any such watch list, TiFiPay reserves the right to terminate your access to the Promotional App. You agree to provide true and accurate information to TiFiPay and to keep your information updated at all times. You must also provide an accurate and current email address in order to receive communications from TiFiPay electronically. You represent and warrant that any information you provide in connection with the Promotional App is and will remain accurate and complete, and that you will maintain and update such information as needed.
To use the Promotional App, you must be eighteen (18) years of age or older (at least nineteen (19) years old in Alabama), have reached the age of legal majority in the jurisdiction in which you reside, and be a legal resident of the fifty (50) United States and the District of Columbia. By agreeing to this Agreement you represent and warrant to us: (i) that you are at least eighteen (18) years old (nineteen (19) years old in Alabama); (ii) that you have not previously been suspended, removed, or deactivated from TiFiPay; (iii) that you are a legal resident of the United States; and (iv) that your registration and your use of TiFiPay is in compliance with any and all applicable laws and regulations.
Data and Password Security
You will need to register to use the Promotional App. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user access credentials are for your personal use only and should be kept confidential; you, and not TiFiPay, are responsible for any use or misuse of your access credentials, and you must promptly notify us of any confidentiality breach or unauthorized use of your access credentials or your account. You are responsible for the security of data in your possession or control and you are responsible for your compliance with all applicable laws and rules in connection with our use and/or collection of personal, financial, or transaction information. You are also responsible for maintaining adequate security and control of your Promotional App access credentials. If you share your Promotional App (or any TiFiPay account) access credentials with any other person (which we highly discourage), you are responsible for all activity conducted by that person, regardless of whether or not you authorized the activity. You must promptly notify us of any confidentiality breach or unauthorized use of your access credentials, including any user name or password, or your Promotional App account.
Confidentiality and Use of Information
We will request information from you and will disclose information to third parties about you and your use of the Promotional App:
To verify your identity and allow us to comply with any applicable laws;To comply with government agency or court orders;To protect the confidentiality or security of your records;To protect against or prevent actual fraud, unauthorized transactions, claims, or other liability;For resolving consumer disputes or inquiries; To persons holding a legal or beneficial interest relating to you;To persons acting in a fiduciary or representative capacity on behalf of you; Where necessary to activate additional services;To verify the existence or conditions of your account for a third party, such as a credit bureau or merchant;As disclosed in the separate privacy notices posted within the Promotional App (“Privacy Notices”); orIf you give us written permission, provided that you have not revoked that consent or permission.
Your ability to sign up for the Promotional App and ability to use its features may not be completed if we cannot verify your identity or other necessary information. In addition, and in accordance with our Privacy Notices, you agree that we reserve the right to obtain personal information about you, including, without limitation, financial information and transaction history regarding your account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the Promotional App, to authenticate you when you log in, to send you pertinent information, to perform fraud screening, to verify your identity, to comply with laws, regulations, court orders, and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Promotional App and the content and layout of the Promotional App. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store, and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer, or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability.
Consumer Liability: You should contact us at email@example.com if you believe your account credentials have been lost or otherwise compromised or if your device (such as a smartphone) used to access the Promotional App has been compromised. You could lose all the rewards in your account if you don’t notify us promptly.
Reward Credits in the Promotional App
Receiving Rewards: As long as you are an active user in good standing of the Promotional App, you have earned tickets to be entered into drawings through your use of the Promotional App, and you are in compliance with the terms of this Agreement (including, but not limited to, the Sweepstakes Official Rules), you may be awarded credits (as further described in the Sweepstakes Official Rules) if your ticket is selected in TiFiPay’s periodic drawings.
Redeeming Rewards: If your ticket is selected in one of TiFiPay’s periodic drawings, your reward is only available as a credit that you can use toward future bill payments to eligible and verifiable business billers with EIN and processed through the TiFiPay App. You can only apply a reward credit of up to the amount(s) specified in the Promotional App for any bill pay transaction and subject at all times to the Sweepstakes Official Rules and any other restrictions specified in the Promotional App or which we otherwise notify to you. You will not receive a reward credit if your credit has a value of less than $1 (USD) or your account on the Promotional App is closed or your use of the Promotional App is suspended at the time your credit is scheduled to be made available; any credit reward that had been accrued at that time will be forfeited.
Rewards Expiration: Your credits earned in the Promotional App, if any, will expire and be unavailable for redemption, without liability to you, if you do not pay a bill through the TiFiPay App within six (6) months of the date the TiFiPay App is released in the Apple App Store (see the “Apple Specific Terms” section of this Agreement, below, for other terms and conditions relating specifically to Apple). If you pay a bill through the TiFiPay App within such six (6) month period, accrued credits remaining in your rewards balance thereafter, if any, will expire and be unavailable for redemption, without liability to you, if you do not use such credits toward an eligible bill payment in the TiFiPay App within twelve (12) months from the date the credits were earned.
TiFiPay Account Closure: If your Linked Account for the TiFiPay App is closed or we suspend your ability to use the Promotional App and/or the TiFiPay App, you will no longer be able to earn credits, and you will forfeit any credits accumulated, but not yet used.
Value of Rewards: Credits awarded have no cash value as you are not entitled to receive U.S. Dollars or any other currency payment to you. You have no property rights or other legal interests in the credits awarded. Credits may not be transferred to any other person including, but not limited to, through such events as inheritance, bankruptcy, or divorce. Credits cannot be assigned or pledged. As stated above, credits awarded can only be used as a credit against eligible future bill payments made through the TiFiPay App.
Fraud: If we see evidence of fraud, misuse, abuse, or suspicious activity, we will investigate and, if we determine that fraud, misuse, or abuse has occurred, we may take actions against you. In addition to other rights we may have under this Agreement or by law, such actions may include, but are not limited to, taking away the credits you may have earned or preventing you from earning additional credits.
Disclosure of Personal Information: In connection with the credit rewards program, we may post your user name, which may include your personal information, on the credit rewards program leaderboard, which is public.
AS PROVIDED ABOVE IN THIS AGREEMENT, YOUR USE OF THE PROMOTIONAL APP AND YOUR ABILITY TO PARTICIPATE IN TIFIPAY’S DRAWINGS FOR THE OPPORTUNITY TO WIN CREDITS ALSO IS SUBJECT TO THE SWEEPSTAKES OFFICIAL RULES. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN ANY PROVISION OF THIS AGREEMENT PERTAINING TO THE CREDIT REWARDS DRAWINGS AND ANY PROVISION OF THE SWEEPSTAKES OFFICIAL RULES, THE PROVISION OF THE SWEEPSTAKES OFFICIAL RULES SHALL GOVERN WITH RESPECT TO THE SUBJECT MATTER CONTAINED THEREIN.
Promotional App Code of Conduct
You agree that, as an express condition of your use of the Promotional App, you will not:
Actions We May Take
If we determine, in our sole discretion, that you may have breached this Agreement, that you or your Promotional App activity presents risk or security concerns, or if we are unable to verify your identity, the actions we may take include, but are not limited to, the following:
Suspending or terminating your access to the Promotional App;Contacting law enforcement and/or or other impacted third parties of your actions; andTaking legal action against you.
You may stop using the Promotional App at any time. If you wish to cancel the service, you may do so within the Promotional App. We may terminate your access to the Promotional App without liability, at any time, for any reason. Reasons for termination may include, but are not limited to, your violation of this Agreement or any other applicable agreement or policy, TiFiPay account inactivity for a period of sixty (60) days or more, or TiFiPay’s assessment that you pose an unacceptable risk. TiFiPay also reserves the right to modify or terminate the Promotional App at any time, for any reason.
Updates to the Promotional App
From time to time, TiFiPay may automatically check the version of the Promotional App installed on an authorized device and, if applicable, provide updates for the Promotional App (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the Promotional App. By installing the Promotional App, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Promotional App and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates). TiFiPay reserves the right to temporarily disable or permanently discontinue any and all functionality of the Promotional App at any time without notice and with no liability to you.
You agree to defend, indemnify, and hold harmless TiFiPay and its officers, directors, agents, employees, and suppliers from any third party claims, actions, proceedings, and suits and related liabilities, damages, settlements, penalties, fines, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and other litigation expenses) arising from: (a) your violation of this Agreement or any other applicable TiFiPay agreement or policy; (b) your use of the Promotional App; (c) your negligence, gross negligence, recklessness, fraud, or willful misconduct; (d) your actual or alleged violation of any third party rights or any applicable laws, rules or regulations; and (e) our action or inaction in reliance upon oral, written or electronic instructions or information from you.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TIFIPAY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PROMOTIONAL APP, ANY WEBSITES OR SERVICES LINKED TO IT, ANY CONTENT ON THE PROMOTIONAL APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE PROMOTIONAL APP PROVIDED IS NOT A FULLY TESTED PRODUCT OFFERING, AND HAS NOT BEEN COMPLETED ACCORDING TO TIFIPAY’S NORMAL DEVELOPMENT PROCEDURES. YOUR USE OF THE PROMOTIONAL APP IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE PROMOTIONAL APP IS PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE”, “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATION OF WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TIFIPAY MAKES NO REPRESENTATION OR WARRANTY THAT THE PROMOTIONAL APP WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. While we try to maintain the timeliness, integrity, and security of the Promotional App, we do not guarantee that the Promotional App is or will remain updated, correct, complete, or secure, or that access to the Promotional App will be uninterrupted or error free. The Promotional App may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Promotional App. If you become aware of any such alteration, contact us at firstname.lastname@example.org with a description of such alteration and its location on the Promotional App.
You understand and agree TiFiPay will not be held responsible for any losses or damages resulting from suspension of service or your inability to use or access the Promotional App due to extraordinary events or circumstances beyond our control. In such an event, TiFiPay may suspend the Promotional App.
Third Party Websites
The Promotional App may contain links to third-party websites. The linked websites are not under our control, and we are not responsible for the contents of any linked website. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked website. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties’ services or websites.
You hereby acknowledge that we or our Service Providers own all rights, title, and interest in and to the Promotional App and to any and all proprietary and confidential information contained therein (“TiFiPay Information”). The Promotional App and TiFiPay Information, including, but not limited to, all visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, look-and-feel, and all other elements of the Promotional App, are protected by applicable intellectual property and other laws, including, but not limited to, patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Monitoring and Recording Telephone Calls and Consent to Receive Communications
Subject to federal and state law, we may monitor or record phone calls for security reasons, to maintain a record and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. To provide you with the best possible service in our ongoing business relationship with you, we may need to contact you from time to time by telephone, text messaging or email. However, we first obtain your consent to contact you about the Promotional App in compliance with applicable consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act and their related federal regulations and orders issued by the Federal Communications Commission (FCC).Your consent is limited to the Promotional App and as authorized by applicable law and regulations. Your consent is voluntary and not conditioned on the purchase of any product or service from us. With the above understandings, you authorize us to contact you regarding the Promotional App using any telephone numbers or email addresses that you have previously provided to us by virtue of an existing business relationship or that you may subsequently provide to us. This consent applies regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voice mail and text messaging including the use of pre-recorded or artificial voice messages and an automated dialing device. If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us.
All actions relating to the Promotional App and this Agreement will be governed by the laws of the United States and the State of New York and other applicable rules, regulations, and guidance. The Promotional App is controlled or operated (or both) from the United States, and is not intended to subject TiFiPay to any non-U.S. jurisdiction or law. The Promotional App may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Promotional App is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Promotional App availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Arbitration of Disputes
Upon demand by you or us, any disputes, claims, and controversies arising under this Agreement, the Promotional App and/or any transactions processed through the use of the Promotional App shall be resolved by binding arbitration held on an individual basis, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, including any questions regarding the existence, validity, or termination of this Agreement. Arbitration will proceed in a location selected by AAA in the state of the applicable governing law of the Agreement. In any arbitration proceeding, the arbitrator shall not have the authority to award exemplary or punitive damages or to alter, modify or add to the terms of this Agreement. A single arbitrator shall be used, and each party shall pay one-half of the fees and costs of the single arbitrator. Notwithstanding the foregoing, neither party shall be precluded from seeking injunctive remedies pending arbitration. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. This arbitration requirement does not limit the right of either party to: (a) exercise self-help remedies, including setoff, or (b) obtain provisional or ancillary remedies such as injunctive relief or attachment, before, during, or after the pendency of any arbitration proceeding.
Class Action Waiver
Each party agrees that the resolution of any dispute arising from the terms of this Agreement will be resolved by a separate arbitration proceeding and will not be consolidated with other disputes or treated as a class. Neither party will be entitled to join or consolidate disputes by or against others as a representative or member of a class, to act in any arbitration in the interests of the general public, or to act as a private attorney general. If any provision related to a class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, the entire Arbitration Agreement will be unenforceable.
Information or Complaints
If you have a question or complaint regarding the Promotional App, please send an e-mail to email@example.com. You may also contact us by writing to 150 Charles Street #6D-S, New York, NY 10014, or by calling us at (669) 696-4660. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You are liable and solely responsible for all taxes, duties, levies, tariffs, or charges of any kind imposed by any federal, state or local governmental entity with respect to the net income you recognize in connection with this Agreement. You acknowledge that TiFiPay may have reporting requirements to the Internal Revenue Service in connection with your activity conducted under this Agreement.
Apple Specific Terms
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Promotional App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the Promotional App. Apple is not providing any warranty for the Promotional App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Promotional App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Promotional App, including any third-party product liability claims, claims that the Promotional App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Promotional App, including those pertaining to intellectual property rights, must be directed to TiFiPay in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the Promotional App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the Promotional App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Promotional App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, TiFiPay’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
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