This GratZeez User Agreement ("Agreement") is a legal agreement between you ("you", "your") and GratZeez, Inc. ("GratZeez", "we", "our" or "us") governing your use of the GratZeez service. Please read this Agreement carefully.
This Agreement explains the terms that govern your use of GratZeez service in addition to the legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute.
To use GratZeez service, you must accept all of the terms of this Agreement.
1. GratZeez Account Registration.
GratZeez service allows you to deposit funds in your GratZeez accountusing credit/debit card, PayPal or ACH transfer.To use GratZeez services, you must open an account with GratZeez ("GratZeezAccount") and associate a valid credit or debit card (a "Card"), a bank account number or a valid PayPal id, with that GratZeez Account. Our registration process will need information including your name and other personal information. You must provide accurate and complete information in response to our questions. You must also keep the information that you provide up-to-date. We reserve the right to suspend or terminate the GratZeez Account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
2. Accepted Cards.
GratZeez allows you to deposit funds in your GratZeez account with cards bearing the trade marks of MasterCard International Inc. and Visa Inc. (collectively, the "Networks"). We are not a bank, and we do not offer banking services as defined by the United States Department of Treasury. We also do not offer money service business ("MSB") as defined by the United States Department of Treasury. You can associate with your GratZeez Account any US-issued credit cards with a Visa, MasterCard, American Express, or Discover logo. We can update at any time the list of card types that you may associate with a GratZeez Account. You may not associate HSA cards (Health Savings Account) with your GratZeez Account, even if they have a Visa, MasterCard, American Express, or Discover logo on them.
3. Privacy of Information.
3.1 What information is collected?
We may need information including your name and other personal information like credit/debit card, PayPal details, work place information.
3.2 What information is collected is used for?
The information may be viewable by us and by the tipper who is providing the gratuity so that they are able to verify your identity.
3.3 The information is shared with and why
The information of your payment is stored and used by our third party secure payment processor(s) in order for them to process your payments made in connection with the Services. The credit card information you provide in while registering is not stored by us.
3.4 How your customer can option out of information sharing
We do not sell, share, rent or trade the information we have collected from you.
4. Your Authorization
By associating a Card with your GratZeez Account, opening a tab within the GratZeez application, you authorize a charge to your Card as necessary to complete the transaction in your GratZeez account. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with your GratZeez account, you also authorize a credit to your Card to accomplish that transaction.
Financial transactionyou authorize through GratZeez may also be subject to terms and conditions set forth by the Networks and/or the entities that issue your Card. You are responsible for complying with those terms and conditions, and you are responsible for charges and related fees imposed by those terms and conditions.
We accept payment Transaction instructions, as an agent of Recipients; therefore, we have to know who our Users are. Whether you are giving tips or receiving tips or both, as a User we're going to ask you to identify yourself to us by providing information like: name, e-mail, address, cell phone number, credit card information, bank account information, your picture or avatar, pictures, internet protocol address of your Device, hardware configuration of your Device, including unique identifiers of the hardware, firmware, or operating system and Service preferences (we'll call all this "User Data"). In order to make sure you are who you say you are, we'll use your User Data. By using the Service, you allow us to collect, store and use all this information concerning you.
The GratZeez software is part of GratZeez mobile application. Among other things, the software enables you to access and use GratZeez services. When you install theGratZeez mobile application, you will be asked to create your user profile using facebook or google+ to establish a GratZeez Account. You must complete this and other processes in order to use services through GratZeez account. You must install any and all software updates to continue to use GratZeez.
6. Compatible Mobile Devices and Third Party Carriers.
Your GratZeez account permits you to transfer out the funds using compatible mobile device. Devices modified contrary to the manufacturer's software or hardware guidelines, including but not limited to disabling hardware or software controls-sometimes referred to as "jailbreaking"-are not compatible mobile devices. You acknowledge that the use of a modified device to use GratZeez Accountis expressly prohibited, constitutes a violation of the terms of this agreement, and is grounds for termination of your GratZeez Account. GratZeezInc. does not warrant that GratZeez services will be compatible with your mobile device or third party carrier.
Your use of GratZeezservicesmay be subject to the terms of your agreements with your mobile device manufacturer and your wireless carrier.
7. Your GratZeezAccount.
By creating a GratZeez Account, you confirm that you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state in which it operates. GratZeez and your GratZeez Account may only be used in the fifty states of the United States of America and the District of Columbia. You may not export GratZeez directly or indirectly, and you acknowledge that GratZeez may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 COFFER. Chapter VII).By creating a GratZeez Account, you also confirm that you will not make payments in connection with any illegal activity
8. Restricted Use.
You may use GratZeez only to the extent that you obey all laws, rules, and regulations applicable to your use of GratZeez.
9. Unauthorized or Illegal Use.
We may decide not to process a transaction if we believe that the transaction is in violation of any GratZeez agreement, or exposes you, other GratZeez users, our partners, or GratZeez to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your GratZeez Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your GratZeez Account, and any of your transactions with law enforcement.
10. Your Privacy.
11. Disclosures and Notices.
Upon acceptance of this Agreement, you confirm that you have read, understood, and accepted GratZeez's E-Sign Consent policy. You agree that GratZeez can provide disclosures and notices required by law and other information about your GratZeez Account to you electronically by posting it on our website, or by emailing it to the email address listed in your GratZeez Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within 24 hours of the time posted to our website, or within 24 hours of the time emailed to you unless we receive notice that the email was not delivered.
12. User Content.
In connection with registration for a GratZeez Account, users may upload photos or other information ("User Content"). You agree that you will not upload User Content to GratZeez unless you have created that content yourself, or you have permission from the copyright owner to do so.
For any User Content that you upload to GratZeez, you grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in order to provide and promote GratZeez and GratZeez's business. You retain all rights in your User Content, subject to the rights granted to GratZeez in this Agreement. You may modify or remove your User Content via your GratZeez Account or by terminating your GratZeez Account.
Although GratZeez has no obligation to screen, edit, or monitor any User Content, GratZeez reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using GratZeez, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
13. Copyright Infringement.
GratZeez respects the intellectual property rights of others and asks you to do the same. It is GratZeez's policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
If your GratZeez Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using GratZeez, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that GratZeez shall not be liable to you or any third party for termination of access to GratZeez or for deletion of your information or account data.
16. Your Right to Terminate.
You may terminate this Agreement at any time by closing your GratZeez Account and ceasing to use GratZeez.
17. Suspension or Termination by Us.
We may terminate this Agreement and close your GratZeez Account for any reason or no reason at any time upon notice to you. We may also suspend access to your GratZeez Account if you (a) have violated the terms of this Agreement, any other agreement you have with GratZeez, or GratZeez's policies, (b) pose an unacceptable credit or fraud risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
18. Effect of Termination.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of GratZeez, or in connection with any termination or suspension of GratZeez. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you as provided in this Agreement.
19. Representation and Warranties.
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use GratZeez and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including any applicable tax laws and regulations; (e) you will not use GratZeez, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of GratZeez; and (f) your use of GratZeez will be in compliance with this Agreement.
20. Limitation of Liability and Damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRATZEEZ, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF GRATZEEZ. UNDER NO CIRCUMSTANCES WILL GRATZEEZ BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF GRATZEEZ, YOUR GRATZEEZ ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRATZEEZ, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF GRATZEEZ; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM GRATZEEZ; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH GRATZEEZ BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH GRATZEEZ; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL GRATZEEZ, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GRATZEEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
21. Binding Individual Arbitration.
You and GratZeez agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST GRATZEEZ.
22. Governing Law.
This Agreement and any Dispute will be governed by California law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction.
23. Right to Amend.
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of GratZeezwith notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website at GratZeez.com or through GratZeez mobile application. Any use of GratZeezservice after our publication of any such changes shall constitute your acceptance of this Agreement as modified. However, any Dispute that arose before the modification shall be governed by the Agreement (including the binding individual arbitration clause) that was in place when the Dispute arose.