Terms of Service

By accessing or using KindTip at kindtip.app, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. These Terms form a legally binding agreement between you and Festborne LLC, an Illinois limited liability company ("KindTip," "we," "us," or "our").

If you do not agree to any part of these Terms, you may not use the service. By using KindTip on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

KindTip is a digital tipping platform that enables two types of users:

• Recipients — service professionals who create a profile, receive a unique QR code and tip link, and collect tips from others.
• Tippers — anyone who sends a monetary tip to a recipient via their QR code or link. No account is required to send a tip.

Payment processing is handled by Stripe, Inc. By using KindTip's payment features, you also agree to Stripe's Terms of Service.

To create a recipient account on KindTip, you must:

• Be at least 18 years of age.
• Be a legal resident of, or a business entity registered in, a country supported by Stripe.
• Have the legal capacity to enter into a binding contract.
• Not be prohibited from using the service under applicable law.

To send a tip, you must have a valid payment method accepted by Stripe. There is no minimum age requirement for tippers beyond what is required to hold a payment card.

When you create a KindTip account, you agree to provide accurate, current, and complete information. You are solely responsible for:

• Maintaining the confidentiality of your account credentials.
• All activity that occurs under your account.
• Promptly updating your information when it changes.
• Notifying us immediately at hello@kindtip.app if you suspect unauthorized account access.

Each person may maintain only one active recipient account. Creating duplicate accounts to circumvent restrictions is prohibited. We reserve the right to merge or close duplicate accounts.

Platform fee: KindTip deducts a 5% platform fee from each tip before it is passed to the recipient. For example, a $10.00 tip results in $9.50 reaching the recipient and $0.50 retained by KindTip. The fee is displayed transparently before a tipper confirms payment.

No subscription fees: There are no monthly charges, setup fees, or minimum balances for recipients. KindTip earns only when you earn.

Payment processing: All payments are processed by Stripe, Inc. KindTip does not receive, store, or have access to your full payment card number, CVV, or bank account credentials.

Payouts: Recipient payouts are subject to Stripe's payout schedule, identity verification requirements, and supported countries list. KindTip is not responsible for delays caused by Stripe, banking institutions, or regulatory holds.

Taxes: You are responsible for determining and paying any taxes applicable to payments you receive through KindTip. KindTip may be required to report payments to tax authorities in certain jurisdictions.

Tips sent through KindTip are voluntary gratuities for services already rendered or appreciated. Tips are generally non-refundable once confirmed and sent.

If you believe a tip was sent in error, resulted from unauthorized use of your payment method, or involved fraudulent activity, contact us immediately at hello@kindtip.app with "PAYMENT DISPUTE" in the subject line. We will investigate and work with Stripe to determine the appropriate resolution.

Initiating a chargeback with your card issuer without first contacting KindTip may result in account suspension. Abuse of the chargeback process violates these Terms.

You agree not to use KindTip to:

• Violate any applicable local, state, national, or international law or regulation.
• Create false, misleading, or fraudulent profiles or misrepresent your identity or profession.
• Solicit tips for services not rendered, as disguised commercial transactions, or as a form of payment for goods.
• Facilitate or engage in money laundering, tax evasion, or other financial crimes.
• Harass, threaten, defame, or abuse other users or members of the KindTip team.
• Attempt to gain unauthorized access to any account, system, or network associated with KindTip.
• Circumvent, disable, or otherwise interfere with security features of the platform.
• Scrape, crawl, or systematically extract data from KindTip without prior written permission.
• Upload malware, viruses, or any code designed to interrupt, damage, or limit the service.
• Use automated systems to send tips or interact with the platform in a non-human manner.
• Promote or facilitate illegal goods, services, gambling, or adult content.

You are solely responsible for all content you submit to your KindTip profile, including your display name, biography, profile photo, and any messages associated with tips.

By submitting content, you grant KindTip a worldwide, non-exclusive, royalty-free, sublicensable license to use, display, and distribute that content as necessary to provide the service. This license ends when you delete the content or close your account.

You represent and warrant that your content:

• Does not infringe on the copyright, trademark, or other intellectual property rights of any third party.
• Does not contain defamatory, obscene, or otherwise unlawful material.
• Accurately represents you and the services you provide.

The KindTip platform — including its design, interface, codebase, branding, and original content — is owned by Festborne LLC and protected by copyright, trademark, and other applicable intellectual property laws.

"KindTip" and the KindTip logo are trademarks of Festborne LLC. You may not use our name or marks without prior written permission.

Nothing in these Terms grants you a license to copy, modify, distribute, create derivative works from, publicly perform, or reverse engineer any part of KindTip.

KindTip integrates with the following third-party service providers. Your use of KindTip involves these services, and their terms and privacy policies apply to you:

• Stripe, Inc. — payment processing and payouts (stripe.com/legal)
• Clerk, Inc. — account authentication and identity (clerk.com/legal)
• Resend, Inc. — transactional email delivery (resend.com/legal)
• Supabase, Inc. — database infrastructure on AWS (supabase.com/legal)
• Vercel, Inc. — application hosting (vercel.com/legal)

KindTip is not responsible for the availability, content, or practices of these third-party services.

KindTip is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The service will be uninterrupted, error-free, or secure at all times.
• Any specific payment will be processed or delivered within a particular timeframe.
• The platform will meet your specific business or financial requirements.
• Defects in the service will be corrected.

To the maximum extent permitted by applicable law, Festborne LLC, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of revenue, loss of data, or loss of business opportunities.

Our aggregate liability to you for any single claim arising from your use of KindTip shall not exceed the greater of: (a) the total fees paid by you to KindTip in the twelve (12) months preceding the claim, or (b) one hundred US dollars ($100.00).

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if KindTip has been advised of the possibility of such damages.

You agree to defend, indemnify, and hold harmless Festborne LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in connection with:

• Your use of or inability to use KindTip.
• Your violation of these Terms or any applicable law.
• Your violation of any third-party right, including intellectual property or privacy rights.
• Any content you submit to the platform.

We reserve the right to suspend or permanently terminate your account at any time, with or without notice, for:

• Violating any provision of these Terms.
• Engaging in fraudulent, abusive, or suspicious financial activity.
• Providing false or misleading information.
• Account inactivity exceeding 24 consecutive months.
• Any conduct we reasonably determine is harmful to KindTip, our users, or third parties.

You may close your account at any time by contacting hello@kindtip.app. Closing your account does not cancel any pending financial obligations.

We reserve the right to modify, suspend, or discontinue any feature of KindTip at any time. We will provide reasonable notice of material changes where practicable. Your continued use of the service after changes constitutes acceptance.

We may update these Terms from time to time to reflect changes in our service, legal requirements, or business practices. We will notify you of material changes by email to your registered address at least 14 days before they take effect. The current version of the Terms is always available at kindtip.app/terms.

Your continued use of KindTip after the effective date of updated Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the service.

These Terms are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-law principles.

Informal resolution: Before initiating formal proceedings, you agree to contact us at hello@kindtip.app and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration: If informal resolution fails, any dispute arising from or relating to these Terms or KindTip shall be resolved through final and binding arbitration in Cook County, Illinois, administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitrator's decision shall be final and may be entered as a judgment in any court of competent jurisdiction.

Class action waiver: You waive any right to participate in or bring a class action lawsuit or class-wide arbitration against KindTip. All disputes must be brought on an individual basis.

Exception: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction for claims involving intellectual property or unauthorized access to the service.

Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and KindTip regarding the service and supersede all prior agreements.

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.

No waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer any rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

For questions, concerns, or notices under these Terms: