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Terms of Service

Please read these terms carefully before using TipKeepr. By using our services, you agree to be bound by these terms.

Last Updated: August 28, 2025
Effective: August 28, 2025
Section 1: Acceptance of Terms

Agreement to Terms

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. By accessing or using the TipKeepr mobile application (the "App"), website, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not access or use our Services.

Important Legal Notice

These Terms contain a binding arbitration provision and class action waiver in Section 10, which affects your legal rights. Please review it carefully.

1.1 Acceptance Methods

You accept these Terms by:

  • Clicking "I Agree," "Accept," or similar button when presented with these Terms
  • Creating an account or logging into our Services
  • Actually using any part of our Services
  • Continuing to use our Services after we notify you of changes to these Terms

1.2 Eligibility Requirements

By using our Services, you represent and warrant that:

  • You have the legal capacity to enter into a binding contract
  • You are not barred from using the Services under applicable law
  • You will comply with these Terms and all applicable laws and regulations
  • You are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country
  • You are not on any U.S. government list of prohibited or restricted parties

1.3 Modification of Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

  • • Update the "Last Updated" and "Effective" dates at the top of these Terms
  • • Notify you via email or in-app notification for material changes
  • • Give you at least 30 days notice before material changes take effect
  • • Obtain your consent for changes that materially affect your rights

Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

1.4 Business Use

If you are using our Services on behalf of a business, organization, or other entity:

  • You represent and warrant that you are authorized to bind that entity to these Terms
  • You agree to these Terms on behalf of that entity
  • "You" and "your" in these Terms refer to that entity

1.5 Relationship to Other Agreements

These Terms, together with our Privacy Policy and any additional terms you agree to when using specific features, constitute the entire agreement between you and TipKeepr regarding the Services. These Terms supersede any prior agreements or understandings.

Section 2: User Accounts

Account Registration & Security

2.1 Account Creation

To access certain features of our Services, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Not create an account for anyone other than yourself without permission
  • Not create more than one personal account
  • Not use a username that is offensive, vulgar, or infringes on someone''s rights

2.2 Account Security

Your Security Responsibilities

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

  • Choose a strong, unique password for your account
  • Not share your password or account credentials with anyone
  • Immediately notify us of any unauthorized use of your account
  • Not use another user''s account without permission
  • Log out of your account when using shared or public devices

We will never ask for your password via email, phone, or any unsolicited communication.We are not liable for any loss or damage arising from your failure to protect your account credentials.

2.3 Account Suspension & Termination

Termination Rights

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including violation of these Terms.

We may suspend or terminate your account if we believe that you have:

  • Violated these Terms or any applicable laws
  • Engaged in fraudulent or illegal activity
  • Provided false or misleading information
  • Engaged in conduct harmful to other users or our Services
  • Failed to pay fees when due
  • Been inactive for an extended period (12+ months)

2.4 Account Deletion by User

You may delete your account at any time through the app settings. Upon deletion:

  • • Your account will be marked for deletion
  • • You have 30 days to restore your account by logging back in
  • • After 30 days, your personal data will be permanently deleted
  • • Some anonymized data may be retained for legal or analytical purposes
  • • Deletion does not automatically cancel paid subscriptions (see Section 3)

2.5 Effect of Termination

Upon termination of your account (whether by you or us):

  • Your right to access and use the Services immediately ceases
  • We may delete your data in accordance with our Privacy Policy
  • You remain liable for any fees or charges incurred before termination
  • Provisions that should survive termination will remain in effect

Sections that survive termination include: Limitation of Liability, Indemnification, Dispute Resolution, Intellectual Property, and any other provisions that by their nature should survive.

Section 3: Subscription & Payment Terms

Billing, Payments & Refunds

3.1 Subscription Plans

TipKeepr offers various subscription plans with different features and pricing. Current plans include:

  • Free Plan: Limited features with basic tip tracking functionality
  • Monthly Subscription: $5.39/month for full access
  • Annual Subscription: $53.90/year for full access (discounted rate)

Features and pricing for each plan are subject to change and are described in the app and on our website.

3.2 Free Trial

14-Day Free Trial

New users are eligible for a 14-day free trial of our premium features. During the trial:

  • • You have full access to all premium features
  • • No payment is required to start the trial
  • • You can cancel anytime during the trial without charge
  • • Your subscription begins automatically after the trial ends unless cancelled
  • • Each user is limited to one free trial per lifetime

3.3 Payment Terms

By subscribing to a paid plan, you agree to:

  • • Pay all applicable fees for your chosen subscription plan
  • • Provide accurate and complete payment information
  • • Promptly update payment information if it changes
  • • Authorize us to charge your payment method on a recurring basis
  • • Be responsible for any taxes applicable to your subscription

Payment Processing: We use third-party payment processors (RevenueCat and their payment partners) to handle billing. We do not store your full payment card details on our servers.

3.4 Auto-Renewal

Automatic Renewal Notice

ALL SUBSCRIPTIONS AUTOMATICALLY RENEW unless you cancel before the end of the current period.

  • • Monthly plans renew every month on the anniversary of your subscription date
  • • Annual plans renew every year on the anniversary of your subscription date
  • • Renewal charges occur within 24 hours before the current period ends
  • • You will be charged the then-current price for your plan

3.5 Price Changes

We reserve the right to change our subscription prices. If we change the price of your subscription:

  • We will notify you at least 30 days before the new price takes effect
  • The new price will apply to your next renewal after the notice period
  • You can cancel your subscription before the new price takes effect
  • Continued use after the price change constitutes acceptance of the new price

3.6 Cancellation

How to Cancel

You can cancel your subscription at any time through:

  • • Primary Method: Your device's App Store or Google Play subscription management
  • • iOS: Settings → Apple ID → Subscriptions → TipKeepr → Cancel
  • • Android: Google Play Store → Subscriptions → TipKeepr → Cancel
  • • Backup: Contact support@tipkeepr.com if you need assistance

Cancellation takes effect at the end of your current billing period. You retain access to premium features until the period ends.

3.7 Refund Policy

App Store & Google Play Refunds

All payments are processed by Apple App Store or Google Play Store.Refund requests must be made directly through the platform where you purchased:

  • • iOS Users: Request refunds through Apple's "Report a Problem" page or App Store app
  • • Android Users: Request refunds through Google Play Store support
  • • Refund eligibility and timing are determined by Apple/Google's policies
  • • We cannot process refunds directly as we don't handle payments

If you need assistance with a refund request, contact support@tipkeepr.com and we'll help guide you through the process with Apple or Google.

3.8 Failed Payments

If payment for your subscription fails:

  • We will attempt to process payment again over the next few days
  • We will notify you via email of the payment failure
  • Your premium access may be suspended until payment succeeds
  • Continued failure may result in cancellation of your subscription

3.9 Promotional Offers

We may offer promotional pricing or features from time to time. Such offers:

  • Are subject to specific terms disclosed at the time of the offer
  • May be limited to new users or specific user groups
  • Cannot be combined with other offers unless specified
  • May automatically convert to regular pricing after the promotional period
Section 4: Service Terms & Availability

Service Functionality & Limitations

4.1 Description of Services

TipKeepr provides a comprehensive digital platform for service industry professionals to:

  • Track daily tips, wages, and earnings
  • Organize tip sheets and digital records
  • Generate analytics and performance reports
  • Export data and records for tax purposes
  • Share tip sheets with team members through Binder features
  • Calculate tip distributions and tipouts

4.2 Service Availability

No Guaranteed Uptime

While we strive for 99.9% uptime, we DO NOT guarantee uninterrupted or error-free service. The Services may be unavailable due to:

  • • Scheduled maintenance (with advance notice when possible)
  • • Emergency maintenance and security patches
  • • Third-party service outages (Supabase, Firebase, etc.)
  • • Internet or telecommunications failures
  • • Force majeure events
  • • Cyberattacks or security threats

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, including:

  • Adding, modifying, or removing features
  • Changing system requirements or compatibility
  • Modifying API endpoints or data formats
  • Updating user interface or user experience
  • Implementing new security measures or restrictions

For material changes that negatively impact your use of premium features, we will provide 30 days advance notice via email or in-app notification.

4.4 Beta Features

Beta and Experimental Features

Features labeled as "Beta," "Preview," "Early Access," or "Experimental":

  • • Are provided "AS IS" without any warranties
  • • May contain bugs or errors
  • • May be discontinued at any time without notice
  • • Should not be relied upon for critical business operations
  • • May have data loss or corruption risks
  • • Feedback provided may be used without compensation

4.5 Data Backup & Export

Your Data Responsibilities

While we maintain regular backups of our systems, YOU are responsible for:

  • • Regularly exporting your data for personal records
  • • Maintaining copies of important financial records
  • • Verifying accuracy of data before tax filing
  • • Using our export features before account closure

We provide PDF and CSV export functionality, but we are not responsible for data loss resulting from your failure to maintain backups.

4.6 Third-Party Integrations

Our Services integrate with third-party services. We are not responsible for:

  • Third-party service availability or performance
  • Changes to third-party APIs or terms of service
  • Data shared with third parties per your instructions
  • Third-party security breaches or data loss

4.7 Mobile App Requirements

To use the TipKeepr mobile app, you must:

  • • Have a compatible iOS (14.0+) or Android (6.0+) device
  • • Maintain updated operating system for security
  • • Have sufficient storage space for app and data
  • • Have an active internet connection for sync features
  • • Accept app store terms and conditions
  • • Keep the app updated to the latest version

4.8 Offline Functionality

Limited Offline Access

Some features work offline but with limitations:

  • • Basic tip entry cached locally
  • • Calculator functions available offline
  • • Previously viewed data may be cached
  • • Sync required for multi-device access
  • • Binder sharing requires internet connection
  • • Analytics updates require sync

We are not responsible for data conflicts or loss due to offline/online sync issues.

4.9 Service Level Agreement

No SLA Guarantees

TipKeepr is provided WITHOUT any service level agreements (SLAs).We do not guarantee response times, resolution times, uptime percentages, or performance metrics. This is a consumer-grade service not intended for mission-critical business operations.

4.10 Support Services

Support is provided on a best-effort basis through:

  • Email support at support@tipkeepr.com
  • In-app help documentation and FAQs
  • Video tutorials and guides

Response times vary based on inquiry volume and complexity. Premium subscribers receive priority support but without guaranteed response times.

Section 5: User Content & Conduct

Your Content & Responsibilities

5.1 Definition of User Content

"User Content" means any content you create, upload, submit, or transmit through the Services, including but not limited to:

  • Tip amounts and financial data
  • Photos of tip sheets and receipts
  • Notes, comments, and descriptions
  • Employee names and information in Binders
  • Job titles and workplace information
  • Signature captures and authorizations
  • Profile information and settings

5.2 Your Ownership Rights

You Retain Ownership

You retain all rights, title, and interest in and to your User Content. We do not claim ownership of your User Content. However, you grant us certain rights as described below to operate the Services.

5.3 License Grant to TipKeepr

Limited License for Service Operation

By uploading or creating User Content, you grant TipKeepr a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

  • • Store, host, and backup your User Content
  • • Display your User Content back to you and authorized users
  • • Process your User Content to provide analytics and reports
  • • Share User Content with users you designate (e.g., Binder sharing)
  • • Create anonymized, aggregated data for service improvements
  • • Comply with legal obligations or protect rights and safety

This license is solely for the purpose of operating and improving the Services and ends when you delete your content or account (except as required for backups or legal compliance).

5.4 Your Responsibilities for User Content

You Are Solely Responsible

You represent and warrant that:

  • • You own or have rights to all User Content you submit
  • • Your User Content does not infringe any third-party rights
  • • Your User Content is accurate to the best of your knowledge
  • • You have consent from individuals appearing in photos
  • • You have authority to share employee/coworker information
  • • Your User Content complies with all applicable laws
  • • You will not upload malicious code or harmful content

You are liable for any damages resulting from false or unauthorized User Content.

5.5 Prohibited Content

You agree NOT to upload, post, or transmit any User Content that:

  • Is false, misleading, or fraudulent
  • Violates any law or regulation
  • Infringes intellectual property rights
  • Contains malware, viruses, or harmful code
  • Is defamatory, harassing, or threatening
  • Violates privacy rights of others
  • Contains sensitive financial information (SSN, bank accounts)
  • Is obscene, pornographic, or inappropriate

5.6 Content Moderation

Our Rights Regarding User Content

While we do not pre-screen User Content, we reserve the right to:

  • • Remove or refuse any User Content that violates these Terms
  • • Suspend or terminate accounts for violations
  • • Report illegal content to law enforcement
  • • Preserve User Content for legal proceedings
  • • Access User Content to investigate violations

We have no obligation to monitor User Content but may do so at our discretion.

5.7 Privacy and Confidentiality of Financial Data

You acknowledge that:

  • Your financial data is sensitive and should be kept secure
  • Shared Binders are visible to all invited participants
  • You should not share login credentials with others
  • Exported data should be stored securely on your devices

5.8 Photos and Image Content

Image Upload Guidelines

When uploading photos of tip sheets or receipts:

  • • Ensure images do not contain credit card numbers
  • • Blur or redact customer signatures if visible
  • • Remove any personal customer information
  • • Verify you have permission to photograph workplace documents
  • • Images are compressed and stored securely
  • • Maximum file size: 10MB per image

5.9 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide about the Services ("Feedback") becomes the property of TipKeepr. We may use Feedback without compensation or attribution to:

  • Improve and enhance the Services
  • Develop new features or products
  • Market and promote the Services

Do not submit Feedback if you expect compensation or if it contains confidential information.

5.10 Third-Party Content

The Services may contain links to third-party websites or content. We are not responsible for:

  • Third-party content accuracy or availability
  • Third-party privacy practices
  • Products or services offered by third parties
Section 6: Intellectual Property Rights

Ownership & Intellectual Property

6.1 TipKeepr's Intellectual Property

We Own Our Services

TipKeepr and its licensors exclusively own all rights, title, and interest in and to:

  • • The TipKeepr application and website
  • • All software, code, and algorithms
  • • User interface designs and graphics
  • • Logos, trademarks, and brand elements
  • • Documentation, tutorials, and help content
  • • Marketing materials and content
  • • Analytics methodologies and formulas
  • • Any improvements or derivatives thereof

All rights not expressly granted to you are reserved by TipKeepr.

6.2 Brand Names and Identifiers

Our Brand Elements

The following names and identifiers are used by TipKeepr to identify our services:

  • • "TipKeepr" service name and logo
  • • "Tip Binder" feature name
  • • "Solo Tips" feature name
  • • Associated branding and design elements

These names identify our services and features. Please don't use them in ways that might confuse users about who provides the service or creates endorsement implications.

6.3 Limited License to Use

Your License to Use TipKeepr

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • • Access and use the Services for personal or internal business use
  • • Download and install the mobile app on your devices
  • • Access your account and User Content
  • • Use features according to your subscription level

This license is conditional on your compliance with these Terms and terminates automatically upon any breach.

6.4 Restrictions on Use

Prohibited Activities

You SHALL NOT, and shall not permit others to:

  • • Reverse engineer, decompile, or disassemble the Services
  • • Copy, modify, or create derivative works of the Services
  • • Remove or alter proprietary notices or labels
  • • Use the Services to build a competing product
  • • Sell, rent, lease, or sublicense the Services
  • • Use automated systems to access the Services (bots, scrapers)
  • • Attempt to gain unauthorized access to systems
  • • Circumvent any security features or restrictions
  • • Frame or mirror any part of the Services
  • • Use the Services for illegal purposes

6.5 Copyright Protection

All content and materials available through the Services are protected by copyright laws. The compilation of all content on the Services is the exclusive property of Elevenfold Apps LLC and protected by U.S. and international copyright laws.

© 2023-2025 Elevenfold Apps LLC. All Rights Reserved.
Unauthorized reproduction or distribution of copyrighted materials may result in severe civil and criminal penalties.

6.6 Third-Party Software

The Services incorporate open source and third-party software components. These components are subject to their own license terms, which you agree to comply with. A list of key components includes:

  • Flutter framework (BSD License)
  • React/Next.js (MIT License)
  • Various npm and pub packages

6.7 Patents and Trade Secrets

Proprietary Technology

The Services contain proprietary technology, trade secrets, and confidential information belonging to TipKeepr, including but not limited to:

  • • Tip calculation algorithms
  • • Data analytics methodologies
  • • User interface innovations
  • • System architecture and design

Any attempt to discover, copy, or misuse our proprietary technology may result in legal action and immediate termination of your account.

6.8 Enforcement

We reserve the right to:

  • Investigate and prosecute violations of intellectual property rights
  • Seek injunctive relief to prevent ongoing infringement
  • Claim damages for unauthorized use
  • Report violations to law enforcement when appropriate

6.9 Reporting IP Violations

If you believe your intellectual property rights have been violated by User Content on our Services, please see our DMCA Policy (Section 11) or contact us at legal@tipkeepr.com with:

  • Description of the copyrighted work or intellectual property
  • Location of the infringing material on our Services
  • Your contact information and statement of ownership
Section 7: Prohibited Uses & Conduct

Prohibited Activities

STRICT PROHIBITION WARNING

Violation of any prohibited use may result in immediate account termination, legal action, and reporting to law enforcement authorities where applicable.

7.1 Illegal and Fraudulent Activities

You SHALL NOT use the Services to:

  • Engage in tax evasion or tax fraud
  • Create false financial records or fraudulent documentation
  • Launder money or support terrorist financing
  • Violate any local, state, national, or international law
  • Forge signatures or falsify authorization documents
  • Manipulate tip records to defraud employers or employees
  • Use the Services for wage theft or tip theft

7.2 System Abuse and Security Violations

Technical Violations

You are strictly prohibited from:

  • • Attempting to access accounts or data belonging to others
  • • Probing, scanning, or testing system vulnerabilities
  • • Breaching or circumventing authentication measures
  • • Interfering with service to any user, host, or network
  • • Uploading malware, viruses, or malicious code
  • • Using automated tools (bots, crawlers, scrapers) without permission
  • • Overwhelming the system with excessive requests (DDoS)
  • • Reverse engineering or decompiling the application
  • • Bypassing any access restrictions or rate limits

7.3 Harassment and Harmful Behavior

Prohibited Interpersonal Conduct

You must not:

  • • Harass, intimidate, or threaten other users or staff
  • • Share private information about others without consent
  • • Impersonate another person or entity
  • • Create fake accounts or misleading profiles
  • • Stalk or monitor other users inappropriately
  • • Discriminate based on protected characteristics
  • • Bully or engage in targeted abuse

7.4 Commercial Exploitation

Unless explicitly authorized in writing, you may NOT:

  • Resell or commercially exploit the Services
  • Share your account credentials for payment
  • Create derivative works based on the Services
  • Use the Services to advertise other products/services
  • Collect user data for marketing purposes
  • Operate a service bureau using our Services

7.5 Data Mining and Scraping

Data Extraction Prohibited

You are prohibited from using any means to:

  • • Extract, harvest, or collect user information
  • • Scrape content or data from the Services
  • • Use automated means to access the Services
  • • Create databases from our content
  • • Monitor or copy our technical infrastructure
  • • Aggregate data for competitive purposes

7.6 Spam and Unsolicited Communications

Communication Restrictions

You must not use the Services to:

  • • Send spam or unsolicited promotional messages
  • • Distribute chain letters or pyramid schemes
  • • Send SMS invites to people without their consent
  • • Harvest email addresses or phone numbers
  • • Violate CAN-SPAM Act or TCPA regulations
  • • Use contact features for unauthorized purposes

7.7 Misrepresentation

You agree not to:

  • Misrepresent your identity or affiliation
  • Create false employer or workplace profiles
  • Provide false information to customer support
  • Falsely claim to represent TipKeepr
  • Create misleading reviews or testimonials

7.8 Interference with Operations

Service Disruption

Actions that interfere with our operations include:

  • • Disrupting the normal flow of the Services
  • • Interfering with other users' access or use
  • • Imposing unreasonable load on infrastructure
  • • Attempting to disable or impair functions
  • • Removing or altering any proprietary notices
  • • Encouraging others to violate these Terms

7.9 Consequences of Violations

Enforcement Actions

If you violate these prohibited uses, we may:

  • • Immediately suspend or terminate your account
  • • Remove or disable access to violating content
  • • Report illegal activities to law enforcement
  • • Pursue legal action for damages
  • • Seek injunctive relief to prevent continued violations
  • • Disclose information to comply with legal process
  • • Permanently ban you from the Services
  • • Refuse future service without explanation

We reserve the right to investigate and prosecute violations to the fullest extent of the law.

7.10 Reporting Violations

If you become aware of any violations of these prohibited uses, please report them immediately to:

  • Email: abuse@tipkeepr.com
  • Include evidence and details of the violation
  • We will investigate all credible reports
Section 8: Limitation of Liability & Disclaimers

IMPORTANT LEGAL PROTECTIONS

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU

This section limits our obligations and responsibilities to you and affects your legal rights. By using our Services, you acknowledge and agree to these limitations.

8.1 WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, TIPKEEPR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • TITLE
  • QUIET ENJOYMENT

8.2 NO GUARANTEE OF SERVICES

WE DO NOT WARRANT OR GUARANTEE THAT:

  • The Services will meet your requirements or expectations
  • The Services will be uninterrupted, timely, secure, or error-free
  • Any information obtained through the Services is accurate or reliable
  • Any defects or errors in the Services will be corrected
  • The Services are free of viruses or harmful components

8.3 LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIPKEEPR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses
  • ANY DIRECT DAMAGES EXCEEDING THE GREATER OF: (a) $100 USD, or (b) the amount you paid to us in the 12 months preceding the claim

8.4 SPECIFIC EXCLUSIONS

WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM:

  • Your use or inability to use the Services
  • Any unauthorized access to or alteration of your data
  • Statements or conduct of any third party on the Services
  • Service interruptions, including system failures or transmission problems
  • Bugs, viruses, or other harmful code transmitted through the Services
  • Loss of data or content
  • Any tax-related issues arising from your use of the Services

8.5 INDEMNIFICATION

You Agree to Protect Us

You agree to indemnify, defend, and hold harmless TipKeepr and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys'' fees) arising out of or relating to:

  • • Your violation of these Terms
  • • Your use or misuse of the Services
  • • Your violation of any law or rights of a third party
  • • Your User Content
  • • Your interactions with other users
  • • Your tax obligations

8.6 BASIS OF THE BARGAIN

YOU ACKNOWLEDGE THAT:

  • These limitations reflect a reasonable and fair allocation of risk between us
  • These limitations are an essential basis of the bargain between you and TipKeepr
  • We would not provide the Services without these limitations

8.7 SOME JURISDICTIONS'' LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability for certain types of damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law. Nothing in these Terms affects your statutory rights as a consumer where applicable law prohibits such exclusion.

8.8 TAX DISCLAIMER

Not Tax Advice

TipKeepr is a tip tracking tool only. We do not provide tax, legal, or accounting advice. The Services are not a substitute for professional tax advice. You are solely responsible for determining your tax obligations and ensuring compliance with all applicable tax laws. We recommend consulting with a qualified tax professional for advice specific to your situation.

Section 10: Dispute Resolution & Legal

Dispute Resolution & Governing Law

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY

This section affects your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It contains an arbitration agreement and class action waiver.

10.1 Governing Law

Applicable Law

These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

10.2 Informal Resolution

Try to Resolve Informally First

MANDATORY PRE-DISPUTE PROCEDURE: Before initiating arbitration, you agree to:

  • • Contact us at legal@tipkeepr.com with a written description of your dispute
  • • Include "Dispute Resolution" in the subject line
  • • Provide your name, account information, and detailed description of the issue
  • • State your desired resolution
  • • Allow 60 days for us to attempt resolution
  • • Engage in good faith negotiations

Most disputes can be resolved without formal proceedings. We value our users and will work to address legitimate concerns.

10.3 Binding Arbitration Agreement

AGREEMENT TO ARBITRATE

YOU AND TIPKEEPR AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE SETTLED BY BINDING ARBITRATION, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO:

  • • Seek injunctive or other equitable relief
  • • Bring individual claims in small claims court (if qualifications are met)
  • • Seek enforcement of intellectual property rights

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND TIPKEEPR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

10.4 Arbitration Procedures

How Arbitration Works

The arbitration shall be conducted according to:

  • • Administrator: American Arbitration Association (AAA)
  • • Rules: AAA Consumer Arbitration Rules
  • • Location: Delaware or your county of residence
  • • Format: Written submissions unless in-person hearing requested
  • • Arbitrator: Single neutral arbitrator
  • • Fees: AAA consumer fee schedule applies

The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

10.5 Class Action Waiver

NO CLASS ACTIONS

YOU AND TIPKEEPR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and TipKeepr agree otherwise in writing, the arbitrator may not:

  • • Consolidate more than one person's claims
  • • Preside over any form of representative or class proceeding
  • • Award relief for anyone other than the individual party

If this class action waiver is found unenforceable, the entire arbitration agreement shall be null and void.

10.6 30-Day Opt-Out Right

Your Right to Opt Out

You have the right to opt out of this arbitration agreement by sending written notice of your decision within 30 days of first accepting these Terms to:

Elevenfold Apps LLC
Attn: Legal - Arbitration Opt-Out
[Address]
Email: legal@tipkeepr.com

Include your name, email address, and a statement that you wish to opt out of arbitration. Opting out will not affect your ability to use the Services.

10.7 Exceptions to Arbitration

The following disputes are NOT subject to arbitration:

  • Claims for injunctive relief for IP infringement
  • Small claims court actions (if requirements met)
  • Claims that cannot be arbitrated under applicable law
  • Emergency equitable relief

10.8 Limitation Period

One-Year Limitation

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

10.9 Venue for Non-Arbitrable Disputes

For any disputes not subject to arbitration, you agree that:

  • Exclusive venue shall be the state and federal courts in Delaware
  • You consent to personal jurisdiction in Delaware
  • You waive any objection to venue or forum non conveniens

10.10 Severability of Dispute Resolution

If any part of this dispute resolution section is found unenforceable, the remainder shall continue in effect, except that if the class action waiver is found unenforceable, the entire arbitration agreement shall be void.

10.11 Changes to This Section

TipKeepr will provide 60 days' notice of any material changes to this dispute resolution section. Changes will not apply retroactively and will not apply to disputes arising before the effective date.

Section 11: Copyright Policy

Copyright Infringement Policy

Respect for Copyright

TipKeepr respects intellectual property rights and expects users to do the same. We will promptly respond to legitimate copyright infringement concerns.

11.1 Reporting Copyright Infringement

If you believe that your copyrighted work has been copied and is accessible through our Services in a way that constitutes copyright infringement, please contact us with the following information:

Required Information:

  • Description of the copyrighted work you believe has been infringed
  • Location of the infringing material (URLs or specific descriptions)
  • Your contact information
  • Statement that you have a good faith belief the use is unauthorized
  • Statement that you are the copyright owner or authorized to act on their behalf

11.2 Contact Information

Report Copyright Issues

Email: support@tipkeepr.com

Please include "Copyright Concern" in the subject line

11.3 Our Response Process

Upon receiving a copyright infringement report, we will:

  • Review the complaint within a reasonable time
  • Contact you if we need additional information
  • Remove or disable access to content if we determine infringement has occurred
  • Notify the user whose content was removed (when applicable)

11.4 Repeat Violations

Account Termination

Users who repeatedly infringe copyrights may have their accounts terminated. We also reserve the right to terminate accounts of users who repeatedly submit false or bad faith copyright complaints.

11.5 False Claims Warning

Good Faith Required

Please ensure your copyright claims are made in good faith. False or misleading claims may result in legal liability and termination of your account.

11.6 Content Disputes

If you believe your content was wrongly removed due to a copyright complaint, you may contact us at support@tipkeepr.com to dispute the removal. Please provide:

  • Identification of the removed content
  • Explanation of why you believe the removal was incorrect
  • Evidence supporting your position (such as proof of ownership or fair use)

11.7 No Monitoring Obligation

We are not obligated to actively monitor content for copyright infringement. We rely on copyright owners to notify us of potential infringement. However, we reserve the right to remove content that appears to infringe copyright even without a formal complaint.

11.8 Policy Updates

We may update this Copyright Policy from time to time. Changes will be effective when posted. Your continued use of our Services indicates acceptance of any updates.

Section 12: SMS Invite Feature Terms

SMS Invitation System Terms

Important SMS Compliance Notice

The SMS invite feature must be used in compliance with all applicable laws, including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act. Violations may result in significant legal penalties.

12.1 SMS Feature Description

TipKeepr's SMS invite feature allows users to send text message invitations to join Tip Binders or share tip sheets with team members. This feature is provided through our integration with Twilio's messaging platform.

12.2 Your Legal Obligations

Required Consent

By using the SMS invite feature, you represent, warrant, and guarantee that:

  • • You have obtained prior express written consent from each recipient
  • • Recipients have explicitly agreed to receive SMS messages from TipKeepr
  • • You have informed recipients about message frequency and charges
  • • You maintain records of consent for at least 4 years
  • • You will immediately honor any opt-out requests
  • • Recipients are aware that standard message and data rates may apply

FALSE REPRESENTATION OF CONSENT MAY RESULT IN LEGAL ACTION

12.3 TCPA Compliance

Telephone Consumer Protection Act

The TCPA imposes strict requirements on SMS messaging. You agree to:

  • • Only send messages between 8 AM and 9 PM recipient's local time
  • • Never send messages to numbers on the National Do Not Call Registry without consent
  • • Include clear identification of TipKeepr in messages
  • • Provide clear opt-out instructions
  • • Maintain an internal do-not-contact list
  • • Never use auto-dialing systems without written consent

TCPA violations can result in penalties of $500-$1,500 per message

12.4 Message Content Requirements

All SMS invitations sent through TipKeepr must:

  • Clearly identify the sender and TipKeepr
  • State the purpose of the message (Binder invitation)
  • Include "Reply STOP to opt out" or similar
  • Not contain false or misleading information
  • Comply with carrier guidelines and regulations

12.5 Opt-Out Mechanism

Mandatory Opt-Out Support

Our SMS system supports standard opt-out keywords:

  • • STOP: Immediately stops all messages
  • • UNSUBSCRIBE: Removes from all lists
  • • CANCEL: Cancels all future messages
  • • HELP: Provides support information

You agree to respect all opt-out requests and never re-add opted-out numbers without new explicit consent.

12.6 Prohibited SMS Uses

Strictly Prohibited Activities

You may NOT use the SMS feature to:

  • • Send spam or unsolicited promotional messages
  • • Send messages to purchased or harvested phone lists
  • • Send adult content or inappropriate material
  • • Harass, threaten, or abuse recipients
  • • Violate any local, state, or federal laws
  • • Send messages for any purpose other than TipKeepr invitations
  • • Share or sell phone numbers collected through the service
  • • Send phishing or fraudulent messages
  • • Exceed reasonable volume limits (>100 messages/day)

12.7 Indemnification for SMS Misuse

You Agree to Protect TipKeepr

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TipKeepr and Twilio from any claims, damages, penalties, or liabilities arising from:

  • • Your violation of TCPA or other messaging laws
  • • Sending messages without proper consent
  • • False claims about having recipient consent
  • • Any misuse of the SMS invite feature
  • • Claims by message recipients
  • • Regulatory fines or penalties

This includes paying all legal fees and costs if we are sued due to your SMS usage.

12.8 Third-Party Terms

Twilio Terms Apply

By using the SMS feature, you also agree to comply with:

12.9 Monitoring and Enforcement

TipKeepr reserves the right to:

  • Monitor SMS usage for compliance
  • Suspend SMS access for suspicious activity
  • Terminate accounts for SMS violations
  • Report violations to authorities
  • Implement rate limits or restrictions

12.10 Costs and Charges

Message and data rates may apply to SMS messages. Recipients are responsible for any charges from their mobile carriers. TipKeepr is not responsible for carrier charges. Premium features may include SMS credits; additional messages may incur charges.

Section 13: General Provisions

General Legal Terms

13.1 Entire Agreement

Complete Understanding

These Terms of Service, together with our Privacy Policy and any additional terms you agree to when using specific features, constitute the entire agreement between you and TipKeepr regarding the use of our Services. This agreement supersedes all prior or contemporaneous agreements, communications, and proposals, whether electronic, oral, or written, between you and TipKeepr.

13.2 Severability

Invalid Provisions

If any provision of these Terms is held to be invalid, illegal, or unenforceable:

  • • The validity, legality, and enforceability of the remaining provisions shall continue in full force
  • • The invalid provision shall be replaced with a valid provision that comes closest to the intent
  • • The invalidity in one jurisdiction shall not affect validity in other jurisdictions

Exception: If the class action waiver is found unenforceable, the entire arbitration agreement shall be null and void.

13.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. TipKeepr's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of TipKeepr.

13.4 Assignment

Transfer of Rights

Your Rights: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. Any attempted assignment without consent is void.

Our Rights: We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

13.5 Survival

The following sections shall survive any termination or expiration of these Terms:

  • User Content (Section 5) - regarding content you've already submitted
  • Intellectual Property (Section 6)
  • Limitation of Liability (Section 8)
  • Indemnification provisions
  • Dispute Resolution (Section 10)
  • General Provisions (Section 13)
  • Any other provisions that by their nature should survive

13.6 Force Majeure

Events Beyond Our Control

TipKeepr shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to:

  • • Acts of God, natural disasters, or weather events
  • • War, terrorism, or civil unrest
  • • Government actions or regulations
  • • Labor disputes or strikes
  • • Internet or telecommunications failures
  • • Power outages or system failures
  • • Pandemic or epidemic

13.7 Notices

How We Communicate

Notices to You: We may provide notices to you via:

  • • Email to your registered email address
  • • In-app notifications
  • • Posting on our website or blog
  • • Push notifications (if enabled)

Notices to Us: Send all notices and legal communications to:

Elevenfold Apps LLC
Email: support@tipkeepr.com
Subject: "Legal Notice - [Brief Description]"

13.8 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country, and you are not on any U.S. government list of prohibited or restricted parties.

13.9 Relationship of the Parties

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchisee relationship between you and TipKeepr. You have no authority to bind TipKeepr in any manner whatsoever. These Terms are for the sole benefit of the parties and do not create any third-party beneficiary rights.

13.10 Language

These Terms are written in English. Any translated version is provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

13.11 Interpretation

The section headings in these Terms are for convenience only and have no legal or contractual effect. The words "include," "including," and similar terms shall be construed without limitation. Any rule of construction that ambiguities are to be resolved against the drafting party shall not apply in interpreting these Terms.

13.12 Contact Information

How to Reach Us

For questions about these Terms of Service, please contact us:

  • General Support: support@tipkeepr.com
  • Legal Inquiries: support@tipkeepr.com
  • Privacy Concerns: support@tipkeepr.com
  • Copyright Issues: support@tipkeepr.com
  • Website: www.tipkeepr.com

13.13 Acknowledgment

Your Agreement

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

If you do not agree to these Terms, you are not authorized to use the Services and must immediately cease all use. Your continued use of the Services constitutes ongoing acceptance of these Terms as they may be modified from time to time.

13.14 Last Updated

Version Date: August 28, 2025
Effective Date: August 28, 2025
Version: 2.0

We reserve the right to update these Terms at any time. Check this page periodically for changes. Material changes will be notified via email or in-app notification.

Thank you for choosing TipKeepr!
We're committed to providing excellent service while protecting both your rights and ours.