Tofu Terms of Use

You can see our previous Terms of Use here.

‍INTRODUCTION AND SCOPE

This Terms of Use (“Terms of Use”) is delivered on behalf of GetPaid Inc. (“GetPaid,” “we”, “us”, and “our”) and governs your use of Tofu applications (“App”) and Web Services (“Web”), (each individually referred to as a “Service”, and collectively referred to as the “Services”), including by downloading, installing, registering with, accessing or otherwise using the Apps and Web (collectively referred to herein as “Use”).

We provide these Terms of Use to set out the rules and conditions governing your access to and use of the Services, including the Tofu applications and related web services. These Terms describe the rights and obligations of both you and GetPaid Inc. in connection with your use of the Services, as well as certain choices and responsibilities applicable to users.

All Tofu Services. This Terms of Use applies to all Tofu applications operated by GetPaid Inc., including:

• Tofu Invoice Maker iOS and Android,
• Tofu Expense: Receipt Tracker,
• Tofu Accounting & Bookkeeping,
• Tofu Mileage: Tracking Miles,
• Tofu: Tap to Pay, POS System,
• Tofu Field Service App,
• Tofu Field Service for Team iOS and Android,
• Tofu Web application available at https://tofu.com and https://app.tofu.com.

Accepting of Terms of Use. Please read the Terms carefully. By accessing or using our Services, you acknowledge that you accept and agree to be bound by these Terms of Use. The Terms are not entered into with Apple, Inc., any of its subsidiaries, Google, Inc., any of its subsidiaries, or any other entity as may apply. If you do not agree to be bound by the Terms of Use, do not access or use the Services.

Special Terms. There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In case of conflict, the specific terms for such feature shall prevail.

Arbitration notice for U.S. residents please read Section 15: U.S. Arbitration carefully. By accepting the Terms of Use, you agree that:

• Disputes between you and GetPaid will be resolved by binding, individual arbitration.
• You waive your right to participate in a class action lawsuit or class-wide arbitration.
• Exceptions to binding arbitration:
  • You may opt-out from binding arbitration as described in Section 15: U.S. Arbitration,
  • There are certain types of disputes described in Section 15: U.S. Arbitration that do not fall under the binding arbitration clause.

We may modify this Agreement from time to time. We will notify you at least 7 days prior to the effective date by email, through any of our Services that you use, or by presenting you with a new version of the Terms of Use for you to accept if we make modifications that materially change your rights. Your continued use of any of our Services after the effective date of an updated version of the Terms of Use will indicate your acceptance of the Terms of Use as modified.
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Privacy Policy. To learn more about how we collect, use, and protect your personal data, please review our Privacy Policy which forms an integral part of these Terms of Use.

• If you are a resident of the European Economic Area (EEA), the United Kingdom, or other regions with laws governing data collection and use, you may have rights under applicable data protection laws, including the right to request access to and correction or deletion of your personal data, or to object to certain processing activities.
• If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA), including the right to request information about the collection, use, and disclosure of your personal information. Please refer to our Privacy Policy for more details.

Questions? If you have any questions about this Terms of Use or Services, please contact us at support@tofu.com. For additional contact information, please see Section 19: How to Contact Us.
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TABLE OF CONTENTS

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Section 1: Services

Section 2: Major Disclaimer

Section 3: Eligibility

Section 4: Your Use of Our Services

Section 5: Prohibited Content and Usage Restrictions

Section 6: Limited License

Section 7: Export and Economic Sanctions Control

Section 8: Copyright Infringement

Section 9:  Subscriptions

Section 10: Indemnification

Section 11: Limitation of Liability; Waiver

Section 12: Release

Section 13: Disclaimers

Section 14: Third-Party Services and Links

Section 15: U.S. Arbitration

Section 16: Governing Law

Section 17: Additional Terms Applicable to iOS Devices

Section 18: Miscellaneous

Section 19: How to Contact Us

1. SERVICES

GetPaid Inc. provides access to a suite of business and productivity tools under the “Tofu” brand, designed to help individuals and businesses create invoices, manage expenses, track mileage, organize financial information, process payments, and manage field service workflows. These Services include, without limitation:

• Tofu Invoice Maker & Estimates, for creating, managing, and sharing invoices and estimates. Please note that Invoice Maker is available on both mobile applications and as a web-based service at Tofu.com. Features, data collection practices, and functionality may differ between the web and mobile versions of Invoice Maker;
• Tofu Expense, for capturing, uploading, and organizing receipts and business expenses;
• Tofu Accounting & Bookkeeping, for tracking income and expenses, categorizing transactions, and generating basic bookkeeping reports;
• Tofu Mileage, for logging business trips and creating mileage records for reimbursement or tax purposes;
• Tofu: Tap to Pay, POS System, for accepting in-person payments and managing point-of-sale operations;

• Tofu Field Service App, for managing jobs, customers, scheduling, and service operations.
• Tofu Field Service for Team, a companion app for field technicians and crew members.
• Tofu Web application, available at tofu.com and app.tofu.com. It is used to manage jobs, scheduling, customers, estimates, invoices and online payments, and to coordinate field teams.

The scope of Services may vary depending on the app you use, your subscription plan, region, and enabled features. Certain features may require integration with third-party providers (such as payment processors or authentication services). We may modify, add, or remove features at any time in our discretion.

Access to Services. Most Tofu Apps operate independently and do not share user data or account information with each other. However, if this is enabled by the functionality of a specific App or the Web, a unified account may be used, so you may need to register a Tofu account (“Unified Account”). This account enables access to multiple Tofu Apps using a single login (for example, via Apple ID or Google ID, email authentication, or other authentication methods). When applicable, a Unified Account may allow access across multiple Tofu Apps that are linked to your subscription or purchase.

In this case, personal data and other information collected through your account, e.g. your account credentials and related data (such as your name, email address, Apple ID, Google ID, subscription status, usage preferences, etc.) may be shared and synchronized across these applications to support authentication, subscription verification, and seamless access to the full suite of services.

You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your Unified Account. Any misuse or unauthorized access may lead to suspension or termination of access to all associated Tofu apps.

If your Unified Account is terminated or suspended, your access to all corresponding Tofu Apps and their features will be affected.

2. MAJOR DISCLAIMER

The Services are business tools intended to help you organize, record, and manage information such as invoices, expenses, receipts, mileage, transactions, and other business data. The Services do NOT provide tax, accounting, financial, legal, or compliance advice.

Nothing in the Tofu apps should be interpreted as professional advice, guidance, or a substitute for consultation with a certified accountant, tax advisor, attorney, or other qualified professional.

By using the Services, you acknowledge and agree that:

• No tax, legal, or accounting advice. Any information, templates, auto-filled fields, suggested categories, or explanations within the Services are provided for convenience only and are not intended as professional advice.
• No guarantee of compliance. We do not guarantee that your use of the Services will make you compliant with tax laws, bookkeeping standards, invoicing regulations, mileage reimbursement rules, recordkeeping obligations, or reporting requirements in any jurisdiction.
• You are responsible for data accuracy. All outputs, summaries, calculations, and reports generated by the Services depend entirely on the data you input. You are solely responsible for ensuring that all information entered into the Services is complete and accurate.
• No guarantee of results. We do not guarantee any financial outcome, tax outcome, approval outcome, audit result, reimbursement amount, payment collection success, or business performance improvement.
• Independent verification required. Before relying on any information, report, or calculation generated by the Services, you should always verify it with a qualified professional (accountant, tax advisor, financial consultant, attorney).
• Use at your own risk. To the maximum extent permitted by applicable law, you use the Services at your own risk. GetPaid Inc. disclaims all liability for any loss, damage, penalty, fine, interest, audit adjustment, data error, misreporting, missed deadline, or other harm arising from or related to your use of the Services, reliance on any outputs, or any fraudulent, deceptive, or unlawful activity conducted by you or any third party through or in connection with the Services. You understand and agree that GetPaid cannot and will not be responsible for the content posted on any of the Services and you use the Services at your own risk. GetPaid Inc. shall not be responsible for losses resulting from unauthorized use, misuse, or abuse of the Services, including where such use involves fraud, misrepresentation, or violation of these Terms of Use.

If you have questions or concerns regarding tax filings, compliance obligations, accounting treatment, or legal matters, consult a qualified professional.

3. ELIGIBILITY

General age limitation. Our Services are not intended for or directed at children under 13, and we do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to use our Services.

If you are a parent or guardian and believe we have collected information from your child who is under the age of 13, please contact us at support@tofu.com.

Age limitation for EEA and UK individuals. You must be at least 16 years old to use any of our Services. We do not allow the use of our Services by EEA and UK individuals younger than 16 years old. If you are aware of anyone younger than 16 using our Services, please contact us at support@tofu.com, and we will take the required steps to delete the information provided by such persons.

4. YOUR USE OF OUR SERVICES

Your use of Services. As a condition of using the Services, you agree not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all your activity in connection with the Services and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:

1. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Services;
   
2. modify, reverse engineer, decompile, or disassemble any of the Services;
3. copy, adapt, alter, modify, translate, or create derivative works of any of our Services  without the written authorization of the Company;
4. permit other individuals to use any of our Services, including but not limited to shared use via a network connection, except in accordance with these Terms of Use;
5. circumvent or disable any technological features or measures for protection of intellectual property rights in any of our Services;
6. use any of our Services in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
7. use or access any of our Services to compile data in a manner that is used or usable by a competitive product or service;
8. use account in any of our Services to engage in any illegal conduct;
9. use the Service in connection with chain letters, junk email, pyramid schemes, illegal or unethical testimonials, cross-soliciting, money games, spamming or any duplicative;
10. create a false identity or forged email, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
11. harvest or otherwise collect information about others, including email addresses or fax numbers, without their consent;
12. upload or transmit any communications that infringe or violate the rights of any party;
13. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use, and the Company’s Privacy Policy;
14. libel, defame or slander any person, or infringe upon any person's privacy rights;
15. access GetPaid's private API by means other than those permitted by GetPaid;
16. crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Services express consent);
17. create or submit unwanted emails, comments, likes, or other commercial or harassing communications ("spam") to any GetPaid users;
18. create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;
19. interfere with another user’s use and enjoyment of the Services or another entity's use and enjoyment of similar services;
20. upload any material that contains software viruses or any other computer code, files, or programs that are malicious, technologically harmful, or designed to interrupt, destroy, or limit the functionality of any of our Services; or
21. encourage or facilitate violations of these Terms of Use.

Any such forbidden use shall immediately terminate your license to use the Services.

Fraud. You may not use the Services for any fraudulent, deceptive, or unlawful activities, including but not limited to activities intended to mislead, defraud, or exploit other users, third parties, or GetPaid Inc.

If we determine, in our sole discretion, that you are engaged in fraud, attempted fraud, or any other misuse of the Services, we reserve the right to immediately suspend or terminate your access to the Services without prior notice, and to take any additional actions necessary to protect our users, systems, and business.

Where required or permitted by applicable law, we may cooperate with law enforcement authorities, regulators, or other competent authorities, including by disclosing relevant information related to your use of the Services, if we reasonably believe such use involves fraudulent, illegal, or otherwise unlawful activity.

Email and SMS communications with third parties. If you use the Services to send invoices, estimates, payment requests, invitations to collaborate, or other communications by email or SMS, you are solely responsible for the content of such communications, for ensuring that you have obtained any permissions, consent or other lawful basis to contact the recipients under applicable law (including anti-spam and marketing laws), and for complying with all applicable telecommunications, privacy, electronic communications, and anti-spam laws when using email or SMS functionality.

You may use the SMS invitation functionality solely for the purpose of inviting recipients to collaborate through the Services. You must not use the Services to send unsolicited marketing, bulk messages, automated, promotional or spam text messages to third parties. GetPaid does not select recipients, initiate communications on your behalf, or determine whether you have the necessary permissions to contact recipients. We merely facilitate the delivery of communications requested by you through the Services. Each SMS invitation is sent only when you take a specific action to send it; we do not automatically send follow-up or reminder messages to a recipient without a further affirmative action by you. By using the SMS invitation functionality, you represent and certify that you have the recipient’s consent, or another lawful basis, to contact them by SMS for this purpose.

We reserve the right to suspend, restrict or disable the email or SMS functionality if we reasonably believe that it is being used in violation of these Terms or applicable law. If a recipient replies "STOP" or otherwise asks not to receive further SMS communications, we will honor that request and suppress further SMS invitations to that phone number, regardless of which user subsequently attempts to invite that number. Where the Services allow you to resend an SMS invitation, each reminder is sent only when you take that specific action, and we may limit the number of reminder messages that can be sent for a single invitation.

No sharing of mobile information. Mobile information and messaging consent are not shared with third parties or affiliates for marketing or promotional purposes. We do not sell, rent, or share your or recipients’ mobile phone numbers, SMS opt-in, or consent with any third parties or affiliates for their marketing or promotional purposes.

SMS Disclosures. Message frequency varies. Message and data rates may apply. Reply “STOP” to opt out at any time, or HELP for help. Carriers are not liable for delayed or undelivered messages.

Integrations. Our application may feature integration with the online payment systems, such as Stripe. Should users choose to utilize this integration, they hereby consent and agree to abide by the stipulations and limitations as outlined, including but not limited to the regulations set forth in Stripes’ Acceptable Use Policy. Users must review and comprehend the aforementioned policy prior to engaging in any transactions through the integration with Stripe.

Privacy Policy. Any content or information that you submit through the use of our Services is processed in accordance with our Privacy Policy. The legal basis for processing your personal data when using the Services includes the performance of a contract to which you are party, in accordance with Article 6(1)(b) GDPR.

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have breached these Terms of Use or pose a risk to the security or integrity of the Service. Upon termination, all rights granted to you under these Terms will immediately cease, and you must stop all use of the Service.

Without limiting the general usage restrictions set out above, additional content-specific restrictions and prohibited uses applicable to the Services are described in Section 5: Prohibited Content and Usage Restrictions below.

5. PROHIBITED CONTENT AND USAGE RESTRICTIONS

In addition to the general obligations and usage restrictions set out in Section 4: Your Use of Our Services, users of the Services are prohibited from uploading illegal content or engaging in any activities that violate local, state, national, and international laws and regulations and any applicable regulatory codes.

We reserve the right to suspend or terminate accounts involved in such behavior and cooperate with law enforcement as required. Users may also be temporarily blocked if such violations are suspected.

Responsibility for the Content. You are solely responsible for any content uploaded with the Service. You affirms, represents, and warrants that you own or have the necessary licenses, rights, consents, and permissions to upload any content with the Service, that the content will not violate any rights of any third party (including intellectual property rights or rights of publicity or privacy), and will not violate any applicable law, rule, regulation, or the terms of service of any other platform.

You are solely responsible for any third-party personal data (including names, contact details, financial information, biometric or medical information) that you upload or process through the Services. With respect to such third-party data, you act as the data controller and must ensure that you have a valid legal basis (such as consent or contractual necessity) to collect, store, or share such information. We process such data solely on your behalf and only for the purpose of providing the Services.

User Files. We do not claim ownership in any of the User Content that you upload to the Services or that you create, store, process, or share using the Services. However, you hereby agree to grant us a limited-purpose license solely to operate the Services and provide you with the necessary features and functionality (i.e., enabling you to upload, store, generate, organize, or share documents). Only you exercise full control over your User Content.

No Responsibility for Sensitive or Regulated Information. The Services are not intended for the transmission or storage of highly sensitive, regulated, or classified information. If you choose to upload documents or data containing sensitive personal information, financial credentials, or other confidential materials, you do so at your own risk. We strongly advise against using the Service for transmitting any data that may trigger heightened legal obligations under data protection, healthcare, or financial regulations.

6. LIMITED LICENSE

We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use the Services for personal and non-commercial purposes in accordance with the Terms of Use.

You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer, or sell any text, graphics, logos, and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from any of our Services without prior express written permission from the Company which may be withheld for any or no reason.

You retain ownership of all content you upload. By uploading, you grant us a limited license to host and display it for the purpose of operating the Service.

You further agree not to download, display or use any content on our Services that is provided by the Company or its licensors located on the Services for use in any publications, in public performances, on websites other than maintained by GetPaid for any other commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company and/or its licensors, that dilutes the strength of the Company or its licensor's property, or that otherwise infringes the Company or its licensors’ intellectual property rights. You further agree to in no other way misuse any content published by the Company or third-party content that appears on the Services.

All rights, title, and interest in and to the Services not expressly granted in the Terms of Use are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name, and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests must be sent to support@tofu.com.

To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the Services, including but not limited to visual interfaces, interactive features, graphics, design, and the compilation of aggregate user review ratings and all other elements and components of the Services, excluding user-generated content (collectively referred to herein as the “Company’s Content”).

Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and the Company’s Content are retained by us.

7. EXPORT AND ECONOMIC SANCTIONS CONTROL

The software that supports our Services may be subject to to export control and economic sanctions laws, including Regulation (EU) 2021/821, the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”).

By using the Services, you represent and warrant that you:

• are not located in, or a resident of, any country or region subject to comprehensive sanctions or trade embargoes, and
• are not identified on any restricted party or denied persons list.

You agree to comply with all applicable export control and sanctions laws. You further agree not to export, re-export, transfer, or otherwise make available any part of the Services, including related technical data, in violation of such laws or for any prohibited purpose.

8. COPYRIGHT INFRINGEMENT

Notice-and-Action, under Directive 2000/31/EC. You may notify us of alleged copyright or other intellectual property infringements in accordance with Directive 2000/31/EC (the “E-Commerce Directive”) and its national implementations. Please provide sufficient information to identify the material and your rights in it. We will review and, where appropriate, remove or disable access to the material in an expeditious manner.

Notice-and-Takedown, under DMCA §512(c)(3). If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting us and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number, and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of users of the Services who are repeat infringers.

To report a copyright or intellectual property infringement or for any questions regarding Directive 2000/31/EC (E-Commerce Directive) or DMCA §512, you may contact us at: support@tofu.com.

9. SUBSCRIPTIONS

• Subscription. Some parts of the Services are available only upon purchasing the subscription. The terms, content, and limits of Service may vary depending on the country of use and the specific subscription chosen. Please note that the contents of the subscription may be modified at any time. By starting a subscription, you agree that it will automatically renew at the end of each billing period unless you cancel before the current period ends. You also acknowledge and agree that your purchase is for a recurring subscription service, and is not contingent on any future functionality, features, or dependent on any oral or written public statements or comments made by us regarding such future functionality or features.
• Billing. You may purchase the subscription directly from the Services or through a third party by paying a subscription fee plus applicable taxes in advance on a monthly or yearly basis (or some other recurring interval disclosed to you prior to your purchase).
• Trial. Some of our subscriptions include a trial period, where you can experience the application for a specified period at a reduced price (“Trial”). Subscription with the Trial period will automatically renew to a paid subscription once your Trial expires.
• Special Offers. From time to time, we may offer promotions, discounts, early access, or other special offers in connection with marketing of the Service. Such promotions may be subject to additional terms, eligibility requirements, time limitations, or availability restrictions, which will be disclosed at the time of the offer. We reserve the right to modify or withdraw any promotion at any time to the extent permitted by applicable law. Any marketing communications related to such promotions will be sent to you in compliance with applicable data protection laws and our Privacy Policy.
• Third-party terms. If you purchase access to the subscription through a third party, separate terms and conditions with such third party may apply in addition to these Terms of Use. Please contact the third party regarding any refunds or to manage your subscription.
• Refund Policy. For assistance with refunds, please contact our support team at support@tofu.com in accordance with our Billing and Refund Policy.
• Price and tax changes. The Company may from time to time make changes to the subscription, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable subscription prior to the price change going into effect.
  
  Tax rates or other fees are based on the rates applicable at the time of your charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

• Renewal and Cancellation. Your payment to our Services or the third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period unless you cancel your subscription before the end of the then-current subscription period. You should cancel your subscription or Trial before it renews to avoid the billing of the fees for the next subscription period. To comply with the FTC's Click-to-Cancel Rule, we ensure that cancelling your subscription is as simple as signing up. You may cancel your subscription at any time directly through your device settings, with no additional steps required.
  
  You can cancel the renewal of your subscription at any time by following the instructions below:
  Open the Settings app > Tap your name > Tap Subscriptions > Tap the subscription > Tap Cancel Subscription
  or
  Open the App > Tap Settings > Tap Manage subscription > Tap Cancel Subscription.

If you purchase your subscription through our website, you can cancel the renewal of your subscription at any time by contacting us by email at support@tofu.com and specifying the email that you used to register your account on our website.

If you purchase your subscription through a third party, you can cancel at any time with the app provider. Contact our Support team at support@tofu.com for instructions on how to cancel.

Disputes and Liability. Any disputes regarding payments processed through the third parties must be resolved directly with the respective payment provider. Our liability is limited to confirming the successful completion of transactions on our platform.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers, and content providers (together referred to as “GetPaid Parties”), harmless from and against any claims, actions, demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or resulting from, or alleged to result from, your violation of these Terms of Use.

11. LIMITATION OF LIABILITY; WAIVER

Under no circumstances will the GetPaid Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:

1. the Services;
2. the content on any of our Services;
3. user content;
4. your use of, inability to use, or the performance of the Services;
5. any action taken in connection with an investigation by the GetPaid parties or law enforcement authorities regarding your or any other party's use of the Services;
6. any action taken in connection with copyright or other intellectual property owners;
7. any errors or omissions in the service's operation; or
8. any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service).

In no event will the GetPaid Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the GetPaid Parties’ total liability to you for all damages, losses or causes or action exceed one hundred United States dollars ($100.00).

You agree that in case that you incur any damages, losses or injuries that arise out of the Company’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the GetPaid Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the GetPaid Parties.

12. RELEASE

By accessing any of our Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

For users located in the European Union, European Economic Area, and the United Kingdom, nothing in this clause shall limit or exclude any rights you have under applicable consumer-protection laws, including Directive 93/13/EEC on unfair contract terms, Directive (EU) 2019/770 on digital content and digital services, and corresponding national legislation. To the extent required by such laws, this clause shall apply only to the maximum extent permitted by mandatory legal provisions.

The Company is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

13. DISCLAIMERS

We do not control, endorse or take responsibility for any third-party content linked to our Services. You acknowledge your sole responsibility for and assume all risks arising from your use of any third-party websites or resources.

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that our Services are accurate, complete, reliable, current or error-free, free of viruses or other harmful components. You assume the entire risk as to the quality and performance of our Services within your use.

The Company is not liable if the Service fails to meet the customer’s expectations or if there are issues with third-party network coverage or speed.

This clause does not affect your statutory rights regarding the conformity of digital services under applicable EU or national consumer-protection laws.

14. THIRD-PARTY SERVICES AND LINKS

You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that the Company is not responsible or liable for the conduct of any user. The Company reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, a "Third-Party Application") and such Third-Party Application may interact with, connect to or gather and/or pull information from and to your Service’s profile. By using such Third-Party Applications, you acknowledge and agree to the following:

• if you use a Third-Party Application to share information, you are consenting to information about your profile on the Services being shared;
• your use of a Third-Party Application may cause your personal data to be publicly disclosed and/or associated with you, even if our Services have not themselves provided such information; and
• your use of a Third-Party Application is at your own option and risk, and you will hold GetPaid Parties harmless for activity related to the Third-Party Application.

15. U.S. ARBITRATION

FOR UNITED STATES RESIDENTS ONLY: Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits how you can seek relief from us.

Except for small claims disputes in which you or the Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms of Use or the Company resolved in court. Instead, all disputes arising out of or relating to these Terms of Use or the Company will be resolved through confidential binding arbitration held in Santa Clara County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and the Company agree that any dispute arising out of or related to these Terms of Use or the Company is personal to you and the Company and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and the Company agree that these Terms of Use affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Use and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and the Company agree that for any arbitration you initiate, you will pay the filing fee and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will pay all JAMS fees and costs. You and the Company agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE COMPANY MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

Arbitration opt-out. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by notifying the Company in writing. The notification must be sent to support@tofu.com under the subject “Arbitration Opt-out”.

In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16: Governing Law below.

You agree that any claim you may have arising out of or related to your relationship with GetPaid must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Note for users outside the United States. If you reside in the EU, EEA, or the United Kingdom, the arbitration clause does not apply to you. Nothing in these Terms deprives you of any mandatory consumer rights under the laws of your country of residence, and you may bring legal proceedings in the courts of your country of residence.

Individuals located in the EEA may contact us officer via email at support@tofu.com for any requests or questions related to GDPR and the processing of their personal data.

16. GOVERNING LAW

These Terms of Use are governed by and construed in accordance with the laws of the state of California, USA, without giving effect to any principles of conflicts of law.

Any dispute between you and the Company that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason is unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. This dispute resolution provision will survive the termination of any or all of your transactions with the Company.

You agree that any claim you may have arising out of or related to your relationship with GetPaid must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

17. ADDITIONAL TERMS APPLICABLE TO IOS DEVICES

The following terms apply if you use Services on any device that contains the iOS mobile operating system (“iOS App”) developed by Apple Inc. (“Apple”).

• Acknowledgement. You acknowledge that these Terms of Use are concluded solely between you, and not with Apple, and us, not Apple. We are solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the usage rules for the Apple App Store terms of service as of the date you download the iOS App, and in the event of any conflict, the usage rules in the Apple App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Apple usage rules.
• Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch or iPad that you own or control as permitted by the Apple usage rules set forth in the Apple App Store terms of service.
• Maintenance and Support. You and us acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
• Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the iOS App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. You and the Company acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of the Company. However, you understand and agree that in accordance with these Terms of Use, the Company has disclaimed all warranties of any kind with respect to the iOS App, and therefore, there are no warranties applicable to the iOS App.
• Product Claims. You and the Company acknowledge that as between Apple and the Company, the Company, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (i) product liability claims, (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights. You and the Company acknowledge that, in the event of any third-party claim that the App or your possession and use of the iOS App infringes third party’s intellectual property rights, the Company, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
• Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted persons.
• Developer Contact Details. Any questions, complaints or claims with respect to the iOS App should be directed to support@tofu.com.
• Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the iOS App.
• Third-Party Beneficiary. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

18. MISCELLANEOUS

• These Terms of Use constitute the entire agreement between you and us relating to the Services, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between you and us relating to the Services.
• The language of these Terms of Use is English language only.
• You hereby irrevocably waive any law applicable to you requiring that these Terms of Use shall be localized to meet your language (as well as any other localization requirements), or requiring delivery or retention of non-electronic records.
• The failure of us to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
• Except as expressly outlined in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.
• If any provision of these Terms of Use is held invalid and unenforceable (either by an arbitrator appointed pursuant to the terms of Section 15: U.S. Arbitration above or by a court of competent jurisdiction), that provision will be enforceable to the maximum extent permissible, and the other provisions of these Terms of Use will remain in full force and effect. The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
• Except as otherwise provided herein, these Terms of Use are intended solely for the benefit of you and the Company and are not intended to confer third-party beneficiary rights upon any other person or entity.
• You may not assign or transfer your rights under these Terms of Use, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights under these Terms of Use, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction.
• We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, embargoes, strikes, power or internet outages, or failures of third-party providers.
• These Terms of Use, together with our Privacy Policy and Billing and Refund Policy, constitute the entire agreement between you and us regarding the use of the Service and supersede all prior or contemporaneous agreements, communications, and understandings, whether oral or written.

Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.

19. HOW TO CONTACT US

If you have any questions or concerns about these Terms of Use, please contact us:

By email: support@tofu.com

Postal Address:

GetPaid Inc.

2093 Philadelphia Pike Pmb 1741, Claymont, DELAWARE UNITED STATES 19703-2424