1. Acceptance of Terms

By accessing or using TipTheHerd ("the Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service. These Terms constitute a legally binding agreement between you and TipTheHerd.

2. Description of Service

TipTheHerd is a platform that enables content creators ("Creators") to publicly recognize their team members ("Crew Members") and allows fans ("Tippers") to send monetary tips directly to those Crew Members. The Service includes:

Team profile pages where Creators can showcase their Crew Members
A tipping system that facilitates direct payments from Tippers to Crew Members
Dashboard tools for Creators to manage their team and view tip activity
Integration with Stripe Connect for payment processing

TipTheHerd acts solely as a technology platform connecting Tippers with Crew Members. We are not a party to any tip transaction and do not hold funds on behalf of any user.

3. User Types and Eligibility

The Service supports three types of users:

Creators: Individuals who create content and wish to spotlight their team members
Crew Members: Individuals who work with Creators and are eligible to receive tips
Tippers: Individuals who send tips to Crew Members

To use the Service, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. By using the Service, you represent and warrant that you meet these eligibility requirements.

4. User Accounts

To use certain features of the Service, you must create an account. You agree to:

Provide accurate, current, and complete registration information
Maintain and promptly update your account information
Maintain the security and confidentiality of your account credentials
Notify us immediately of any unauthorized use of your account
Accept responsibility for all activities that occur under your account

You may not transfer your account to any other person or entity. We reserve the right to suspend or terminate accounts that contain false or misleading information.

5. Fees and Payment Structure

Platform Fee: TipTheHerd is free to use. We charge a platform fee of ten percent (10%) on each tip processed through the Service. This fee is automatically deducted from the tip amount before the remaining funds are transferred to the Crew Member.

Payment Processing Fees: In addition to our platform fee, standard payment processing fees are charged by our payment processor, Stripe. These fees are approximately 2.9% + $0.30 per transaction, though actual fees may vary based on card type, location, and other factors. Payment processing fees are deducted from the Crew Member's share of each tip.

Example: For a $10.00 tip, the approximate breakdown would be:

TipTheHerd platform fee (10%): $1.00
Payment processing fees (~2.9% + $0.30): ~$0.59
Crew Member receives: ~$8.41

We reserve the right to modify our fee structure with thirty (30) days advance notice. Continued use of the Service after fee changes take effect constitutes acceptance of the new fees.

6. Payment Processing and Stripe Connect

All payments are processed through Stripe, Inc. ("Stripe") using Stripe Connect. To receive tips, Crew Members must create and connect a Stripe account. By connecting a Stripe account, you agree to Stripe's Connected Account Agreement and Privacy Policy.

Direct Payments: Tips are paid directly to Crew Members' connected Stripe accounts. TipTheHerd does not hold, store, or have access to tip funds at any point during or after the transaction.

Payout Timing: Payout timing is determined by Stripe and the Crew Member's Stripe account settings. Standard payouts typically occur within 2-7 business days, though instant payouts may be available for an additional fee charged by Stripe.

Currency: All tips are processed in US Dollars (USD). Tippers using non-USD payment methods may be subject to currency conversion fees charged by their card issuer.

7. Tips: Nature and Conditions

Voluntary Gratitude: Tips sent through TipTheHerd are voluntary expressions of gratitude from Tippers to Crew Members. Tips are not payments for goods or services, are not charitable donations, and are not tax-deductible.

No Refunds: All tips are final and non-refundable once processed. By sending a tip, Tippers acknowledge that they are voluntarily gifting funds and waive any right to a refund. Tippers should verify the recipient and amount before confirming any tip.

Disputes and Chargebacks: If a Tipper initiates a chargeback or payment dispute with their bank or card issuer, TipTheHerd reserves the right to:

Suspend or terminate the Tipper's account
Recover disputed amounts from the Crew Member's future tips if the chargeback is successful
Charge a dispute fee to cover administrative costs

Crew Members acknowledge that chargebacks are an inherent risk of accepting electronic payments and agree to cooperate with any dispute resolution process.

8. Crew Member Obligations

By registering as a Crew Member to receive tips, you agree to:

Provide accurate identity and tax information as required by law and Stripe
Maintain a valid, connected Stripe account in good standing
Report all tip income to appropriate tax authorities as required by law
Not engage in any fraudulent activity to artificially inflate tips
Acknowledge that TipTheHerd does not provide tax advice and is not responsible for your tax obligations

Tax Responsibility: Crew Members are solely responsible for determining and fulfilling their tax obligations related to tips received. TipTheHerd may be required to report payments to tax authorities and may issue tax forms (such as IRS Form 1099-K) as required by law.

9. Creator Obligations

By registering as a Creator, you agree to:

Only add Crew Members who have authorized you to include them on your team page
Provide accurate information about your Crew Members and their roles
Promptly remove Crew Members who are no longer part of your team
Not misrepresent the relationship between yourself and your Crew Members

10. Acceptable Use

You agree not to:

Use the Service for any illegal purpose or in violation of any applicable laws
Submit content that infringes on intellectual property rights of others
Submit false, misleading, or fraudulent information
Attempt to manipulate, game, or abuse the tipping system
Use the Service to launder money or for any other financial crime
Attempt to gain unauthorized access to any part of the Service
Use the Service to transmit malware, viruses, or harmful code
Interfere with or disrupt the Service or servers
Harass, abuse, or harm other users
Create multiple accounts to circumvent restrictions or bans
Resell, redistribute, or commercially exploit the Service without authorization

11. Content Ownership and License

You retain ownership of any content you submit to the Service, including team member profiles, descriptions, photos, and other materials ("User Content"). By submitting User Content, you grant TipTheHerd a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your User Content solely for the purpose of operating and providing the Service.

You represent and warrant that you have all necessary rights to grant this license and that your User Content does not violate any third party's intellectual property rights, privacy rights, or other legal rights.

12. Intellectual Property

The Service, including its original content, features, and functionality (excluding User Content), is owned by TipTheHerd and is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIPTHEHERD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your use or inability to use the Service
Any unauthorized access to or alteration of your data
Any conduct or content of any third party on the Service
Any tips sent, received, or not received through the Service
Payment processing errors, delays, or failures by Stripe
Any other matter relating to the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE TOTAL PLATFORM FEES PAID BY YOU TO TIPTHEHERD IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100.00).

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TIPTHEHERD DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components.

15. Indemnification

You agree to indemnify, defend, and hold harmless TipTheHerd and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use of the Service
Your User Content
Your violation of these Terms
Your violation of any rights of another party
Any tax obligations related to tips you receive

16. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

You may terminate your account at any time by contacting us at support@tiptheherd.com. Upon termination:

Your right to use the Service will immediately cease
Any pending tips will be processed according to normal procedures
We may retain certain information as required by law or for legitimate business purposes

17. Dispute Resolution and Arbitration

Informal Resolution: Before filing any formal dispute, you agree to contact us at legal@tiptheherd.com to attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration: If we cannot resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in Salt Lake City, Utah, unless you and TipTheHerd agree otherwise.

Class Action Waiver: YOU AND TIPTHEHERD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

18. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice by posting the updated Terms on this page and updating the "Last updated" date. For significant changes affecting your rights or obligations, we will also notify you via email.

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Salt Lake County, Utah.

20. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TipTheHerd regarding the Service and supersede all prior agreements, understandings, and communications.

22. Contact Information

If you have any questions about these Terms of Service, please contact us at:

TipTheHerd
Email: legal@tiptheherd.com