Terms of Use
Last Updated: November 23 2024
1 | Intro
Nitro Tipout (“we”, “our”, “us”) is an online service provided by Anansi Creative, which you can purchase from www.nitro-tipout.io. These Terms of Use govern your access to and use of our platform, including all content, features, and services we provide through nitro-tipout.io (the “Platform”). By accessing or using the Platform, you agree to these Terms of Use. If you do not agree, you must not use the Platform. These Terms of Use do not apply to products or services that we make available pursuant to different terms, such as our payment processing services, which are governed by the Stripe Services Agreement.
2 | Purpose
Our platform provides data calculation tools for calculating pooled tips. We reserve the right to modify, update, or discontinue any of the services at our discretion. By using the platform you agree that it will only be used in a lawful manner.
3 | Intellectual Property
As between you and Anansi Creative, Anansi Creative and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the platform (collectively, “Nitro Tipout IP"). Nitro Tipout IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Nitro Tipout IP not expressly granted to you in these Terms of Use are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to the platform or our products or services ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Anansi Creative has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
4 | Usage
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use our subscription software and platform solely for its intended purpose, subject to these terms. This license does not grant you any rights to modify, copy, distribute, sell, or exploit any part of the software or its content, including data, documentation, or user interfaces, without explicit prior written consent.
Unauthorized use of our software or platform, including but not limited to reverse engineering, scraping, tampering, or any attempt to bypass security measures, is strictly prohibited. We reserve the right to take all available legal actions, including but not limited to seeking injunctive relief, damages, and recovery of attorney fees, against any party engaged in unauthorized use.
5 | Accounts
We require that you create an account to access the platform and make purchases. You must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including purchases made under your account. We reserve the right to terminate your account at any time and for any reason.
6 | Warranties
We provide the Platform and Nitro Tipout IP "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Anansi Creative or obtained by you from or through the platform - whether from Anansi Creative or another entity, and whether oral or written - creates or implies any warranty from Anansi Creative to you.
Anansi Creative disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the platform; (b) that the platforms features will meet your specific needs or requirements; (c) that the platform will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Anansi Creative will correct any defects or errors in the platform; or (e) that the Nitro Tipout is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through Nitro Tipout is done at your own risk - you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
7 | Limitation of Liability
Under no circumstances will Anansi Creative be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the platform or for the unavailability of the platform, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the platform, even if such damages are foreseeable, and whether or not you or Anansi Creative has been advised of the possibility of such damages. Anansi Creative is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the platform or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Anansi Creative further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the platform inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the platform; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the platform; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by Anansi Creative in relation to the Platform, Nitro Tipout IP, and platform features, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Anansi Creative during the three-month period immediately preceding the event that gave rise to your claim for damages.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
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