Effective date: on December, 12st , 2023
1. ACCEPTANCE OF TERMS
2. ELIGIBILITY
3. YOUR USE OF OUR SERVICES
Any content or information that you submit through the use of our Services is processed in accordance with our Privacy Policy.
As a condition to 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:
Any such forbidden use shall immediately terminate your licence to use the Services and termination of your account with our 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.
Our application may feature integration with the online payment system PayPal and 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 PayPal's Acceptable Use Policy and Stripes’ Acceptable Use Policy. It is imperative that users review and comprehend the aforementioned policy prior to engaging in any transactions through the integration with PayPal and/or Stripe.
4. LIMITED LICENSE
We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive licence 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 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 info@getpaidapp.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.
5. EXPORT AND ECONOMIC SANCTIONS CONTROL
The software that supports our Services may be subject to U.S. export and re-export control laws and regulations, including 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”)
maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above. You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product or products derived from or based on such technology received from the Services under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations.
6. COPYRIGHT INFRINGEMENT
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:
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.
7. SUBSCRIPTIONS
Subscription. Some parts of the Services are available only upon purchasing the subscription. You agree that your purchases are not contingent on the provision of any future functionality or features, or dependent on any oral or written public statements, and comments made by the Company about such 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).
Free 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.
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.
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 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 must cancel your subscription [or Trial] before it renews to avoid the billing of the fees for the next subscription period.
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 at 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 info@getpaidapp.com for instructions on how to cancel.
8. 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.
9. 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:
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.
10. 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."
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.
11. 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.
12. THIRD-PARTY SERVICES AND LINKS
You are solely responsible for your interaction with other users of the Service, whether online or ofline. 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 Services profile. By using such Third-Party Applications, you acknowledge and agree to the following:
13. ARBITRATION
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 info@getpaidapp.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 14 (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.
14. 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.
15. ADDITIONAL TERMS APPLICABLE TO IOS DEVICES
The following terms apply if you use our Services on any device that contains the iOS mobile operating system (“iOS App”) developed by Apple Inc. (“Apple”).
16. MISCELLANEOUS
Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.
17. HOW TO CONTACT US
If you have any questions or concerns about these Terms of Use, please contact us:
By email: support@tofu.com
GetPaid Inc.
541 Jefferson Ave, Ste 100, Redwood City CA 94063