Terms of Service

By accessing or using KindTip (available at kindtip.app and related mobile interfaces), you agree to be legally bound by these Terms of Service ("Terms") and our Privacy Policy. These Terms constitute a binding legal agreement between you and Festborne LLC, an Illinois limited liability company ("KindTip," "Company," "we," "us," or "our"). If you are using KindTip on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and references to "you" include both you personally and the organization. If you do not agree to these Terms in full, you may not access or use the service.

KindTip is a digital appreciation platform that enables individuals ("Recipients") to receive cashless support payments from others ("Supporters") via a personal page and QR code. KindTip also offers business-tier accounts ("Business Hub") that enable teams and organizations to coordinate support payments to staff members. KindTip facilitates but does not participate in the underlying financial transactions between Supporters and Recipients. All payment processing is performed by Stripe, Inc. ("Stripe") under Stripe's own terms of service. KindTip acts as a marketplace operator in the Stripe Connect program. The service includes: personal support pages, QR code generation, payment processing via Stripe Checkout, dashboard and analytics tools, email and SMS notifications, and optional premium features available through paid subscription plans.

To create a KindTip account and become a Recipient, you must: (a) Be at least 18 years of age. If you are between 13 and 17 years of age, you may only use the platform as a Supporter with verified parental consent. (b) Be a natural person or a duly organized legal entity. (c) Provide accurate, current, and complete information during registration and keep your account information updated. (d) Be located in a jurisdiction where using KindTip does not violate applicable law. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at hello@kindtip.app if you suspect unauthorized access to your account. One person may not create multiple accounts for the purpose of circumventing platform fees, bans, or other policies. We reserve the right to merge, suspend, or terminate duplicate accounts.

4.1 Transaction Fees. KindTip charges a platform fee on each support transaction as follows: - Free plan: 3% platform fee deducted from the amount the Recipient receives. - Pro plan ($9/month or $79/year): 0% platform fee. Recipients keep the full transaction amount minus Stripe's standard processing fees. - Teams Starter ($29/month or $249/year): 0% platform fee. - Teams Growth ($79/month or $699/year): 0% platform fee. The platform fee is deducted from the Recipient's payout — it is not added on top of what the Supporter pays. 4.2 Stripe Processing Fees. Stripe charges its own processing fee of 2.9% + $0.30 per successful transaction. This fee applies to all plans and is charged separately from the KindTip platform fee. Stripe's fees are subject to change; see Stripe's pricing page for current rates. 4.3 Subscription Fees. Paid plan subscriptions are billed monthly or annually in advance. Subscription fees are non-refundable except as described in Section 4.6. Prices may change with 30 days' notice. 4.4 Free Trial. New Pro subscribers receive a 7-day free trial. No payment method is required to start the trial. If you do not cancel before the trial ends, your payment method will be charged the applicable subscription fee. 4.5 Payouts to Recipients. Support payments are collected by KindTip via Stripe Connect and transferred to the Recipient's connected bank account. New accounts are subject to a 7-day holding period on first payouts, as required by Stripe. Thereafter, payouts are initiated automatically on a 2-business-day rolling basis. KindTip is not responsible for delays caused by Stripe or banking institutions. 4.6 Refunds. All support transactions are final. KindTip does not guarantee refunds but will review refund requests submitted to hello@kindtip.app within 24 hours of a transaction. If a refund is authorized, processing may take 5–10 business days to appear on the Supporter's statement. Subscription fees are non-refundable; however, you may cancel at any time to stop future charges. 4.7 Taxes. You are solely responsible for determining and paying any applicable taxes arising from support payments you receive. KindTip does not provide tax advice. In the United States, if your total receipts through the platform exceed IRS reporting thresholds, Stripe may issue a Form 1099-K on our behalf.

To receive payouts, Recipients must connect a bank account via Stripe Express ("Stripe Connect"). By doing so, you: (a) Agree to Stripe's Connected Account Agreement (available at stripe.com/legal/connect-account) and Stripe's Services Agreement. (b) Authorize KindTip, as the platform operator, to access your Stripe Express account data for purposes of displaying analytics, verifying onboarding status, and facilitating support distributions. (c) Acknowledge that KindTip is not a bank, money transmitter, or financial institution. KindTip does not hold your funds — Stripe does, and transfers them directly to your bank account. (d) Represent that the bank account you connect is owned by you or your authorized organization and that all information provided during Stripe Express onboarding is accurate. KindTip may suspend or terminate payout access if we suspect fraud, identity issues, or violation of Stripe's terms.

You agree to use KindTip only for lawful purposes and in accordance with these Terms. You must not: (a) Use the platform for any illegal purpose, including money laundering, fraud, or evasion of sanctions. (b) Impersonate any person or entity or falsely represent your affiliation with any person or entity. (c) Use the platform to solicit or collect payments for illegal goods or services. (d) Circumvent, disable, or interfere with security features or access controls. (e) Upload or transmit viruses, malware, or any code designed to disrupt, damage, or limit the functioning of any software or hardware. (f) Use automated means (bots, scrapers) to access, collect, or interact with the service without express written consent. (g) Use the service to send spam, unsolicited messages, or promotions. (h) Attempt to access another user's account without authorization. (i) Use the platform to facilitate adult content, gambling, illicit drugs, weapons, or any content prohibited under applicable law. (j) Create an account or accept payments on behalf of an individual who is sanctioned by the U.S. Treasury's Office of Foreign Assets Control (OFAC) or equivalent bodies. Violation of these provisions may result in immediate account suspension or termination and potential legal action.

You may upload content to your KindTip profile, including your display name, bio, profile photo, and thank-you messages ("User Content"). You retain all ownership rights to your User Content. By submitting User Content, you grant KindTip a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute your User Content solely for the purpose of operating and promoting the KindTip platform. You represent and warrant that: (a) you own or have the right to submit your User Content; (b) your User Content does not infringe any third party's intellectual property, privacy, or other rights; and (c) your User Content complies with these Terms and all applicable laws. KindTip may remove User Content that violates these Terms or that we determine, in our sole discretion, to be harmful, offensive, or inappropriate.

The KindTip platform, including its software, design, trademarks, service marks, logos, and all associated intellectual property, is owned by Festborne LLC and protected by United States and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the platform for its intended purpose. This license does not include the right to: copy, modify, distribute, sell, or lease any part of the platform; reverse engineer or extract source code; or use KindTip branding without written permission. "KindTip" and the KindTip logo are trademarks of Festborne LLC. All other trademarks referenced on the platform belong to their respective owners.

Your use of KindTip is also governed by our Privacy Policy, available at kindtip.app/privacy. The Privacy Policy explains how we collect, use, and share information about you. By using KindTip, you agree to the collection and use of data as described in the Privacy Policy.

KindTip integrates with the following third-party services: - Stripe — payment processing (stripe.com/privacy) - Clerk — authentication and identity management (clerk.com/privacy) - Supabase — database infrastructure (supabase.com/privacy) - Resend — transactional email delivery (resend.com/privacy) - Vercel — hosting and CDN (vercel.com/privacy) These services operate under their own terms and privacy policies. KindTip is not responsible for the practices of these providers. By using KindTip, you acknowledge that your data may be processed by these third parties in accordance with their own policies.

11.1 No Warranty. KindTip is provided "as is" and "as available" without warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the service will be uninterrupted, error-free, or free of viruses or other harmful components. 11.2 No Guarantee of Earnings. KindTip does not guarantee any level of income or support payments. Your earnings depend on your own promotion efforts, customer behavior, and market conditions. 11.3 Limitation of Liability. To the maximum extent permitted by applicable law, Festborne LLC and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or loss of goodwill, arising from your use of KindTip. In no event will KindTip's total cumulative liability to you exceed the greater of (a) the total fees paid by you to KindTip in the 12 months preceding the claim, or (b) $100 USD. 11.4 Exceptions. Some jurisdictions do not allow certain liability exclusions. In those jurisdictions, liability is limited to the fullest extent permitted by law.

You agree to defend, indemnify, and hold harmless Festborne LLC and its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from: (a) your use of the platform in violation of these Terms; (b) your User Content; (c) your violation of any applicable law or regulation; or (d) your violation of any third party's rights.

13.1 By You. You may close your account at any time by contacting hello@kindtip.app or using the deactivation option in Settings. Closing your account does not entitle you to a refund of any subscription fees already paid. 13.2 By KindTip. We may suspend or terminate your account at any time for any reason, including violation of these Terms, suspected fraud, illegal activity, or extended inactivity. We will endeavor to provide notice when practical, except where immediate action is necessary to protect users, the platform, or third parties. 13.3 Effect of Termination. Upon termination, your right to use the platform ceases immediately. Provisions that by their nature should survive termination (including Sections 8, 11, 12, and 15) will survive.

These Terms are governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to conflict-of-law principles. Any dispute arising from or relating to these Terms or your use of KindTip will be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Before initiating arbitration, you agree to first contact us at hello@kindtip.app and attempt to resolve the dispute informally for 30 days.

We may modify these Terms at any time. If we make material changes, we will notify you by email to your registered address and/or by displaying a notice on the platform at least 14 days before the changes take effect. Continued use of the platform after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the platform before the effective date.

KindTip respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe that content on our platform infringes your copyright, please send a notice to hello@kindtip.app including: (a) a description of the copyrighted work; (b) identification of the infringing material and its location; (c) your contact information; (d) a statement of good faith belief; and (e) a statement of accuracy under penalty of perjury. Counter-notices may be submitted to the same address. Repeat infringers may have their accounts terminated.

Entire Agreement. These Terms, together with the Privacy Policy and any additional terms applicable to specific features or promotions, constitute the entire agreement between you and KindTip regarding the service. Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force. Waiver. Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights to any successor or affiliate. Force Majeure. KindTip is not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, internet disruptions, or acts of government.

Festborne LLC Operator of KindTip Email: hello@kindtip.app Legal inquiries: hello@kindtip.app Security reports: hello@kindtip.app DMCA notices: hello@kindtip.app State of incorporation: Illinois, United States