Last updated: March 31,2021
Welcome to DoUTip
This user agreement is a contract between you and DoUTip, Inc. governing your use of your DoUTip account and the DoUTip services. You must be in the United States and have a U.S. bank account to use the DoUTip services. You must 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.
You agree to comply with all of the terms and conditions in this user agreement. 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 each of the other agreements posted on DoUTip.com that apply to you:
We may revise this user agreement 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 45 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.
OPENING A DOUTIP ACCOUNT
You may only have one personal account. To create a personal 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 DoUTip Account can be used to:
Tip service providers or other individuals (Tipper).
Receive tips from individuals for whom you have provided services (Tippee).
You are responsible for keeping any credentials you use to access your DoUTip account and the DoUTip services confidential. You must keep your phone number, e-mail address and other contact information current in your DoUTip account profile.
CLOSING YOUR DOUTIP 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 DoUTip account even after the DoUTip account is closed. Any incomplete transactions or transfers must be completed, and you must transfer any money from your DoUTip Tippee account before closing it.
In certain cases, you may not close your DoUTip account, including:
To evade an investigation.
If you have a pending transaction or an open dispute or claim.
If you owe amounts to us.
MANAGING YOUR DOUTIP ACCOUNT –GIVING TIPS
You can use DoUTip to Tip Tippees for services. DoUTip is a mobile application that can be used when you do not have cash or change to tip someone for their services such as, but not limited to hospitality services, car wash attendants, skycaps, golf caddies, hosting services and others. Transaction fees apply and can be deducted from the Tip amount or covered by the Tipper.
Link or Unlink a Payment Method
You can link or unlink certain payment methods such as a debit card, credit card, or a U.S. bank account to your DoUTip account. Please keep your payment method information current (e.g. credit 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 DoUTip account.
Manage Payment Method
You can manage linked payment methods in the Payment Methods section of your DoUTip account settings. The fees applicable to transferring money out of DoUTip can be found on the on our website. Fees and limits may change from time to time in our sole discretion.
Bank Account Transfers
When you use your bank account as a payment method, you are allowing us to initiate a transfer from your bank account. For these transactions, we will make electronic transfers from your bank account in the amount you authorize. You authorize us to try this transfer again if the initial transfer is rejected by your bank for any reason.
YOU SHOULD CONFIRM THAT YOUR BANK ACCOUNT CONTAINS FUNDS SUFFICIENT TO COVER THE PAYMENT BEFORE MAKING THE PAYMENT, IF FUNDED BY YOUR BANK ACCOUNT. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.
We review payments you make at our discretion. When we identify a potentially high-risk payment, we review the transaction more closely before allowing it to proceed. When this happens, we will place a hold on the transaction. If we don’t clear the transaction, we will cancel it and return the money to you, unless we are legally required to take other action.
MANAGING YOUR DOUTIP ACCOUNT—RECEIVING TIPS
If we have verified the required identifying information that you provide to us, you may receive Tips via DoUtip. These Tips are subject to the applicable fees found on DoUTip.com
Money Sent to You on DoUTip
To hold a DoUTip balance we must verify the required identifying information you provide to us. The required identifying information may include:
Name, physical address, date of birth, and social security or taxpayer identification number
Information may be obtained through your employer, if DoUTip has an agreement with your employer.
Third Party verification process may be used to validate your information.
Funds sent to you are not insured by the Federal Deposit Insurance Corporation (FDIC). We combine your money with the DoUTip money of other DouTip users and hold it in a custodial account for the benefit of our account holders. We may invest the money in liquid investments in accordance with state money transmitter laws. We own the interest or other earnings on these investments. However, the claim against us represented by this money is not secured by these investments and you do not have any ownership interest (either legal or beneficial) in these investments. These pooled amounts are held apart from our corporate funds, and we will neither use these amounts for our operating expenses or any other corporate purposes nor will we voluntarily make these amounts available to our creditors in the event of bankruptcy.
Transferring Money out of DoUTip
Money in your DoUTip account must be transferred out of DoUTip:
Manually transferring it to a bank account linked to your DoUTip account, subject to the fees applicable to such transfers that can be found on the on DoUTip.com
Payments will be available after 7days of receipt of payments.
Fees may be charged for each transfer of money from DoUTip to your personal account.
Taxes and Information Reporting for Your Tips
Our fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, that may be assessed by any jurisdiction (collectively, “taxes”). It is your responsibility to determine what, if any, taxes apply to the payments you make or receive. It is solely your responsibility to assess, collect, report, and remit the taxes to the appropriate authority. DoUTip is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting, or remitting taxes on your behalf in connection with any transaction.
You acknowledge that we may make certain reports to state and federal tax authorities regarding transactions that we process. For example, DoUTip may be required to report to the Internal Revenue Service the total amount of payments for services you receive each calendar year.
DoUTip reserves the right to withhold taxes from payments of tips, if required by law to do so. To the extent that DoUTip is required by law to withhold from any payment, DoUTip will treat the amount of tax withheld and paid over to the governmental authority as having been paid to the payee and shall not have any obligation to pay additional amounts to such payee.
FEES AND LIMITS
We may, at our discretion, impose limits on the amount and/or the number of Tips you can send and receive. You can view any limits on our website. These Tipping limits apply for all transactions in your account.
The fees applicable to receiving, withdrawing and giving Tips can be found on our website. If you use your credit card as the payment method when sending money, you may also be charged a fee by your card issuer.
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.
We review account and transaction activity at various times, including when bank transfers are initiated, frequency of use, repetitive transactions among users, patterns in use, and others. 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 money in it or that is sent to you until verification is completed.
Reviews may result in:
delayed, blocked or cancelled transfers;
money or payments being held by us;
money or payments being applied to amounts you owe to us or used to offset loss incurred by us;
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 DoUTip account.
View your DoUTip account activity in App History.
In connection with your use of our websites, your DoUTip account, the DoUTip services, or in the course of your interactions with us, other Tippees, or third parties, you must not:
Breach this user agreement, or any agreements 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;
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 DoUTip account that has engaged in any of these restricted activities;
Use the DoUTip services in a manner that results in or may result in:
disputes; claims, reversals, chargebacks,
fees, fines, penalties or other liability or losses to DoUTip, other customers, third parties or you;
Use your DoUTip account 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 DoUTip 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 DoUTip services) operated by us or on our behalf;
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;
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 DoUTip services) operated by us or on our behalf, any of the DoUTip services or other users’ use of any of the DOUTip 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 DOUTip services to test credit card behaviors, or make excessive or unexplainable transactions;
Circumvent any of our policies or determinations about your DoUTip 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 DOUTip account(s) when you have amounts owed to us or when your DoUTip account has been restricted, suspended or otherwise limited; opening new or additional DoUTip accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s DoUTip 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 DoUTip account, and/or close or suspend your DoUTip account;
Refuse to provide the DoUTip services to you in the future;
Limit your access to our websites, software, systems (including any networks and servers used to provide any of the DoUTip services) operated by us or on our behalf, your DoUTip account or any of the DoUTip services, including limiting your ability to Tip or Receive Tips, with any of the payment methods linked to your DoUTip account, restricting your ability to send money or make bank transfers;
Hold money in your DoUTip account for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our policies
Update inaccurate information you provided us;
Take legal action against you; or
If you’ve violated our policies, then you’re also responsible for damages to us caused by your violation of this policy.
If we close your DouTip account or terminate your use of the DoUTip services for any reason, we’ll provide you with notice of our actions and make any unrestricted money held in your DoUTip account or that has been sent to you available for bank transfers.
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 DoUTip services. For example, if you send a payment funded by your bank account and your bank informs us you do not have sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you receive a payment and the payment is disputed, you may be liable for the payment.
HOLDS AND LIMITATIONS
What are Holds and Limitations?
Under certain circumstances, in order to protect DoUTip and the security and integrity of the network that uses the DoUTip services, DoUTip may, in its sole discretion, take account-level or transaction-level actions. A hold may be placed on your DoUTip 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 DoUTip, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your DoUTip 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.
A hold is an action that DoUTip may take under certain circumstances either at the transaction level or the account level. When DoUTip places a temporary hold on a transaction, the money is not available to either the sender or the recipient. DouTip reviews many factors before placing a hold on a transaction, including: account tenure, transaction activity, and past disputes.
Holds Based on DoUTip’s Risk Decisions
We may place a hold on transactions involving your DoUTip account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your DoUTip 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.
Limitations may be placed on your account to help protect DoUTip and DoUtip 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 DoUTip account open.
There are several reasons why your DoUTip account could be limited, including:
If we suspect someone could be using your DoUTip 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 DoUTip Policies or Content Standards.
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.
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 DoUTip account, placing a hold or limitation on your DoUTip 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 DoUTip 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.
PROTECTION FROM UNAUTHORIZED TRANSACTIONS
To protect yourself from unauthorized activity in your DoUTip account, you should regularly log into your DoUTip account and review your DoUTip transaction history.
What is an Unauthorized Transaction?
An “Unauthorized Transaction” occurs when money is sent from your DoUTip 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 DoUTip account, and sends a payment from your DoUTip 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 DoUTip account (by giving them your login information) and they use your DoUTip 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 Refunds, Reversals and Chargebacks.
Reporting an Unauthorized Transaction
If you believe your DoUTip login information has been lost or stolen, please DoUTip immediately.
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. If your DoUTip-activated mobile phone has been lost, stolen, or deactivated. You could lose all the money in your DouTip account.
Also, if your DoUtip transaction review shows transfers that you did not make, including those made with your DoUTip login information or by other means, tell us at once. If you do not tell us within 60 days after the transaction, you may not get back any money you lost after the 60 days 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 DoUTip payment does not constitute notice of an Unauthorized Transaction to us. You must contact us directly to notify us of Unauthorized Transactions.
HOW OFTEN ARE THERE UPDATES TO THE APP?
Enter the Answer to your Question here. Be thoughtful with your answer, write clearly, and consider adding examples. This can help your visitors get the help they need quickly and easily.
What is an Error?
An “error” means the following:
When money is either incorrectly taken from your DoUTip account or incorrectly placed into your DouTip account, or when a transaction is incorrectly recorded in your Doutip account.
An incorrect amount is credited to your DoUtip account.
We make a computational or mathematical error related to your DoUTip account.
What is not Considered an Error?
The following are NOT considered errors:
If you give someone access to your DoUTip account (by giving them your login information) and they use your DoUTip 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 Refunds, Reversals and Chargebacks.
Requests for duplicate documentation or other information for tax or other recordkeeping purposes.
In Case of Errors or Questions About your Electronic Transfers
Contact us at DoUTip 11856 Balboa Ave, #476, Granada Hills, CA 91344 or at Info@doUtip.com
Notify us as soon as you can if you your transaction history is wrong or if you need more information about a transfer listed. We must hear from you no later than 60 days after the transaction date. Filing a chargeback or reversal with your financial institution related to a DoUTip payment 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 transfer 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 10 Business Days.
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 DoUTip 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 DoUTip 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 transaction (for example, mistyping an amount of money that you are sending).
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 Doutip branded accounts, (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 DoUTip account and the DoUTip 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 will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it.
Unless you’re communicating with us about a matter where we’ve specified another notice address (for example, our Protection from Unauthorized Transactions process), written notices must be sent by postal mail to: DoUTip, Inc., Attention: Legal Department, Legal Department, 11856 Balboa Blvd. #476 Granada Hills, California 91344, include your email address, and your request for that information by email.
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.
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 Doutip services) operated by us or on our behalf or some or all of the DouTip services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted money being held for you.
As security for the performance of your obligations under this user agreement, you grant to us a lien on, and security interest in and to, money in your DoUTip account and any other funds held in our possession.
Amounts Owed to Us
We may deduct amounts owed to us, in whole or in part, from money that is sent to your Doutip account later, either by you or from payments sent to you. While you owe amounts to us, we may:
reverse payments 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 DoUTip account as outlined under Restricted Activities and Holds.
If you have more than one DoUtip 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 DoUTip account against money in or money sent to your other Doutip account(s). If you continue using your DoUTip 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.
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 payment 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.
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.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You must indemnify DoUTip for actions related to your DoUTip account and your use of the DoUTip services. You agree to defend, indemnify and hold DoUTip 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 DoUTip 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 DoUTip account or access our websites, software, systems (including any networks and servers used to provide any of the DoUTip services) operated by us or on our behalf, or any of the DoUTip services on your behalf.
Limitation of Liability
DoUTip’s liability is limited with respect to your DoUTip account and your use of the DoUTip services. In no event shall DoUTip 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 DoUTip services) operated by us or on our behalf, any of the DoUTip 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, DoUtip is not liable, and you agree not to hold DouTip 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 websites, software, systems (including any networks and servers used to provide any of the DoUTip services) operated by us or on our behalf, or any of the DoUTip services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the DoUTip services) operated by us or on our behalf and any of the DoUTip services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the DoUTip services) operated by us or on our behalf or any of the DoUTip services or any website or service linked to our websites, software or any of the DoUTip services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the DoUTip services) operated by us or on our behalf or any of the DoUTip 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 DoUTip 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.
DISCLAIMER OF WARRANTY AND RELEASE
The DoUTip 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 guarantee continuous, uninterrupted or secure access to any part of the DoUTip services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the DoUTip 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, credit cards, and check issuances are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because the DoUTip services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. 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 DoUTip 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.
AGREEMENT TO ARBITRATE
If a dispute arises between you and DoUTip regarding the DoUTip 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 DoUTip regarding the DoUTip services may be reported to customer service via email at email@example.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 CONSUMER ARBITRATION RULES. The locale of the 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 other 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. For any non-frivolous claim, DoUTip will pay the costs of the arbitration (but not your attorney fees), up to $3,000.
This user agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Federal Arbitration Act shall apply in all cases. There are only two exceptions to this agreement to arbitrate. First, if DoUTip reasonably believes 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 Los Angeles, California 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 Los Angeles, California 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.
CONTENT POSTED BY USERS
When using DoUTip’s products and services, you may have the ability to post content (e.g., Tip Comments). You are solely responsible for all content that you provide, post, upload or submit.
We are not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality or applicability of any content posted by users on DoUTip. DoUTip does not endorse, guarantee, make representations or provide warranties regarding any such content.
DoUTip 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. DoUTip shall have no obligation to monitor content posted, uploaded or submitted by a user, but may do so at its sole discretion. DoUTip is not responsible for any failure or delay in removing any such content.
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 DoUTip’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).
"DoUTip.com," "DoUTip," and all logos related to the DoUTip services are either trademarks or registered trademarks of DoUTip or DoUTip’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 DoUTip. 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 DoUTip services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes DoUTip or the DoUTip services or display them in any manner that implies DoUTip’s or DoUTip’s sponsorship or endorsement. All right, title and interest in and to the DoUTip websites, any content thereon, the DoUTip services, the technology related to the DoUTip services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of DoUTip 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 DoUTip 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 DoUTip 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 DoUTip 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 DoUTip 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 DoUTip websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that DoUTip 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 DoUTip services.
License grant from you to DoUTip; 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 DoUTip 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.
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 Day(s)” means Monday through Friday, excluding holidays when DoUTip’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.
If you do not log in to your DoUTip account for two or more years, we may close your DoUTip account and send any of your funds held in our possession to your primary address (if we have verified the required identifying information that you have provided to us) or, if required, escheat (send) any of your funds held in our possession to your state of residency. We will determine your state of residency based on the information provided for your DoUTip account. If your address is unknown, any of your funds held in our possession will be escheated to the State of California. Where required, we will send you a notice prior to escheating any of your funds. If you fail to respond to this notice, your funds held in our possession will be escheated to the applicable state. If you would like to claim any escheated funds from the applicable state, please contact the applicable state’s unclaimed property administrator.
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 California, 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 DoUTip regarding your use of the DoUTip services.
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 DoUTip services. We reserve the right to close, suspend, or limit access to your DoUTip account and/or the DoUTip services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.
In addition to reporting complaints about the DoUTip services directly to us as described above, if you are a California resident, you may report complaints to the California Department of Business Oversight by mail at Department of Business Oversight, Attn: Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814 or online through its website at http://www.dbo.ca.gov/Consumers/consumer_services.asp. The California Department of Business Oversight offers assistance with its complaint form by phone at 866-275-2677. If you are a California resident, you have a right to receive communications about your DoUTip account and the DoUTip services by email. To make such a request, send a letter to DoUTip to: DoUTip, Inc., Attention: Legal Department, 11856 Balboa Blvd. #476 Granada Hills, California 91344, include your email address, and your request for that information by email.
Florida residents may contact the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762.
Third Party Providers
The DoUTip app works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Your use of the DoUTip 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 DoUTip 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 DoUTip, not with any Covered Third Party. You acknowledge and agree that we are solely responsible for the DoUTip services and for providing maintenance and support services for the DoUTip services.
Covered Third Parties have no warranty obligations whatsoever with respect to the DoUTip Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the DoUTip 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 DoUTip services, including, but not limited to: (i) product liability claims; (ii) any claim that the DoUTip 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 DoUTip 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 DoUTip services.
Unlawful internet gambling notice
Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your DoUTip account or your relationship with DoUTip. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.
Your use of information; Data protection laws
If you receive information about any DoUTip customer, you must keep the information confidential and only use it in connection with the DoUTip services. You may not disclose or distribute any information about DoUTip 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 DoUTip customer or use the DoUTip 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.
THIRD PARTIES DEFINED
NMI - Provide ISOs, Fintech Innovators and Technologists enabling payment gateway connections to DouTip
Eleavon – Payment gateway allowing Tippers to send Tip payments via DoUTip via NMI connection via credit card processing
Paya – Payment gateway allowing Tippers to send Tip payments via DoUTip via NMI connection via ACH
Paymentrails – Payment gateway allowing Tppees to establish their bank accounts in DoUTip app for receiving payments out of DoUTip
Trulioo - Trulioo is a Canadian-based company that provides electronic identity and address verification of both individuals and businesses.
DoUTip provides a cashless, contactless means to allow Tippers (Person giving the Tip) to tip Tippees (Person receiving Tip).