Tigapo Terms of Service

Tigapo Inc. (“Tigapo” or, “us”, “our”, “we”) provides online payment solutions for the payment of certain coin operated and other single price machines of our customers (“Machines” and “Customers”, respectively) through its application available at the App store and Google Play and through its website (jointly the “App”). The App is connected to Tigapo’s servers and can communicate using Near Field Communication (NFC) with the devices installed in the Machines (the “Device”). These Terms of Service (“Terms”) govern your access and use of the App and all content (“Content”, as further defined below) and services available through the App (“Services”). Our Privacy Notice, available at https://legal.tigapo.com/users/privacy.html (“Privacy Notice”) governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice).”You” means any adult user of the App, or any parent or guardian of any minor whom you allow to use the App and the Services, and for whom you will be held strictly responsible.

Please read these Terms carefully. These Terms govern your access to and use of the App. By clicking on the button marked “I agree” you signify your assent to these Terms. If you do not agree to any of these Terms, please do not click the button marked “I agree” and do not use, or permit your child to use, the App or Services.


Services

You may use the App, and the Content and Services provided through the App, for your personal use only. You shall not use the App or Services to provide any services or content to any third party and you shall not make any commercial use of the App, Services or Content. Tigapo may, in its sole discretion and at any time, discontinue providing any part of the App or the Services without notice. Payment may be made through the mobile application only and not through the Tigapo website. Services are provided upon payment thereof.

As a user of the App and/or Services, you may pay for the use of the Customer’s Machines, as well as other products and services of the Customer (“Customer Services”) directly through the App. You may also pay for the use of the Customer’s Machines and other Customer Services by purchasing NFC tag credits (“Tag-Credits”) from the relevant Customer operating the Machines. All information relating to the use of the Tag-Credits (including locations, usage of Machines, dates, etc.) shall be available in your Tigapo account and connected to the Tag-Credits you purchased.

Use of the Services and access to the App is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or, if you are under 18, you have your parent’s or guardian’s permission to enter into these Terms (as detailed below), or otherwise have the ability to form a binding contract; and (d) your use of the App or Services does not violate any applicable law or regulation, or any obligation you may have to a third party and you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the App and/or Services.


Account Registration

In order to use the Services, you will have to download the App and create an account. You can register by logging in through your Gmail or other third-party login account (“Login Account”) as may be permitted by Tigapo from time to time. By registering through a Login Account you represent and warrant that such Login Account is yours and that you have full rights to provide us with the information in such Login Account. Your account allows you to use the Services, subject to these Terms and our Privacy Notice. Tigapo reserves the right to refuse to allow a user to open an account for any reason, all at its sole discretion.

You may register to the App and/or Services through the applicable Customer or directly on the App itself. Depending on the manner in which you register and the designation of your account, different services and features of the App may be available to you. To use your account, you must provide information as may be requested by Tigapo. If you wish to pay for the use of the Customer’s Machines and Customer Services directly through the App, you will be required to provide your credit card or debit card details, or the details of such other payment method supported by Tigapo from time to time.

Age Requirements

If you are a minor in your jurisdiction, you must have your parent or legal guardian’s permission to create an account. Please have your parent or legal guardian read these Terms with you and consent to them before proceeding.

Parents and Guardians

By granting your child permission to create an account, you agree to these Terms on behalf of your child. You are responsible for monitoring and supervising your child’s usage of the App and/or Service. If your child does not have your permission to use the App and/or Services, please contact us immediately so that we can disable his or her access.

You agree to immediately notify Tigapo of any unauthorized use of your Tigapo account or password. You are fully and solely responsible for the security of your mobile phone device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by law, Tigapo will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Tigapo harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to [email protected] that your account has been compromised, and have requested us to block access to it. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the App and/or Services.


Payment

Use of Credit Card or Debit Card

In connection with payment in respect of your use of the Machine(s) or any Customer Services through the Services, you will be asked to provide customary billing information such as name, billing address and credit or debit card information either to Tigapo or its third-party payment processor(s). You hereby agree to pay the costs in respect of use of the Machine(s) and acknowledge that we may obtain preapproval for an amount up to the amount of the funding request. You may not retroactively dispute any preapproval obtained by Tigapo from your credit card company. Your hereby acknowledge that Tigapo may not accept all types of credit and/or debit cards, at its sole discretion. You acknowledge that Tigapo does not accept any chargeback rights and that if you use any such chargeback rights with your credit card company, Tigapo shall be entitled to deactivate your account.

Collection

You hereby acknowledge and agree that collection of payment in respect of the Services may be billed shortly after making the transaction by credit or debit card or the aggregate amounts used through the Services may be billed at the end of each calendar month. You hereby authorize the collection of the any such amounts by charging the credit or debit card provided by you during registration, either directly by Tigapo or via a third-party payment processor, at a time as will be determined by Tigapo, at its sole discretion.

Upfront Purchases of Credit

In addition to Tag-Credit, you can also purchase and upload through the App certain pre-paid amounts of credit to your Tigapo account (“App-Credits” and collectively, with the “Tag-Credits”, “Credits”), by charging your credit card, uploading your Credits or receiving Credit from an outside source, you will be able to use such Credit in order to pay for the use of the Machine(s) or other Customer Services through the Services and/or buy Credit packages. Some Credits are designated to specific locations, Customers and/or operators and cannot be used elsewhere.

Transaction Fees, Charges and Taxes

Some credit card companies may impose foreign transaction fee for international transactions and/or a currency exchange fee. The foreign transaction fee and/or currency exchange fee is determined solely by your credit card company. If you have any questions about these fees or the exchange rate applied by your credit card company, please contact your credit card company. Tigapo does not and will not have any liability or responsibility for any such foreign transaction fees and/or currency exchange fees and/or for any exchange rate offered to you by your credit card company when making payments in respect of the use of a Machine through the Services.

Where applicable, taxes may also be charged. It is your responsibility to determine whether you are required to pay and/or collect any applicable taxes, and to clarify such information when using the Services. Tigapo does not accept any responsibility for the calculation or collection of any applicable taxes. In the event, any fees or payments hereunder are subject to VAT or other applicable taxes, such taxes shall be payable by you and added to any applicable fees or payments payable to Tigapo hereunder.

You hereby agree that you are solely responsible for any and all charges, fees and costs that your service provider charges for your mobile phone or mobile device service (including but not limited to data services, SMS and other communications or other fees charged by your service provider).

Refund

Solely in the event you have uploaded App-Credits to your account, which has not been used at all, you may request a refund, within 2 (two) days of uploading such App-Credit to your account. Requesting a refund can be done through the App or by contacting us by email, through the website and/or by mail and by providing us your account details for verification purposes. The purchase of any Tag-Credits shall be subject to the refund policy of the applicable Customer operating the Machines in respect of which the Tag-Credits where purchased.


Termination of Account

Tigapo may, for any reason, in its sole discretion and without notice, terminate your account and remove from the App any Content associated with your account. Grounds for such termination may include but are not limited to (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other users, third parties, or the business interests of Tigapo or (v) use of your chargeback rights with your credit card company or denial or dispute of any preapproval obtained by Tigapo from your credit card company. You may request termination of your Tigapo account at any time and for any reason by sending an email to: [email protected] Any suspension, termination, or cancellation shall not affect your obligations to Tigapo under these Terms (including but not limited to ownership, indemnification, and limitation of liability and payment obligation), nor will it affect any other terms herein, which by their sense and context are intended to survive such suspension, termination, or cancellation.

Upon termination of your account for any reason, you shall not have any further access to any Content that may be available through your account.

If Tigapo believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on or through the App. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior.

Content

Certain types of content may be made available through the App, Site or the Services. “Content” as used in these Terms means, collectively, all content on or made available on the App, the Tigapo website or through the Services, including any photos, pictures, videos, ratings, recommendations, comments, Analytics (as defined below), and any modifications or derivatives of the foregoing. Tigapo may allow you to post certain content on the App, such as images, photos, videos, and additional textual materials. We refer to all of the foregoing as “User Content”.

TIGAPO DOES NOT ENDORSE ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT) OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT AND/OR USER CONTENT. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.


User Content Restrictions

Tigapo has no obligation to accept, display, or maintain any User Content. Moreover, Tigapo reserves the right to remove and permanently delete any User Content uploaded by you, without notice and for any reason. You are and shall remain at all times fully and solely responsible for any User Content you upload to the Services. You represent and warrant that any User Content you upload (i) complies with applicable law; (ii) does not infringe or violate any third party intellectual property rights, privacy or publicity rights, or moral rights; and (iii) that you have all necessary rights and authorities to submit such User Content. Any User Content posted or submitted through the Services shall not be considered confidential and may be disseminated by Tigapo without compensation to you.

Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Content or act in any way that: (1) restricts of inhibits use of the App and/or Services; (2) violates the legal rights of others, including defaming, abuse, stalking or threatening users; (3) infringes (or results in the infringement of) the intellectual property rights, moral rights, publicity, privacy, or other rights of any third party; (4) is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, violent or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (5) does not comply with all applicable laws, rules and regulations; (6) imposes an unreasonably or disproportionately large load on our infrastructure; or (7) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.


Use Restrictions

You may not do or attempt to do (or facilitate a third party to do) any of the following: (1) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software and/or hardware, as applicable, used to provide the Services, Content or the App without our prior written authorization, including framing or mirroring any part of the App; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or the App or features that prevent or restrict use or copying of any Content; (3) use the App, Content, or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, application search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the App; (5) use or access another user’s account or password without permission; or (6) use the App or Content thereon in any manner not permitted by these Terms.


Intellectual Property

Tigapo, its affiliates or its licensors, as the case may be, own the App, Services and all Content available on the App, including all worldwide intellectual property rights in the App, Services and Content, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the App, Content or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the App, Content or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Tigapo or any third party.


Disclaimers & Disclaimer of Warranty

Your use of the App, Content and Services is at your sole discretion and risk. The App, Content, and Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. While we make reasonable efforts to have Services and Content that are informative and useful, we do not make any warranties or representations in respect of any Services or Content. We do not represent or warrant that you will find any Services or Content to be informative or useful for your own needs.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APP, CONTENT, DEVICE AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APP, DEVICE, CONTENT AND SERVICES; OR (II) THAT THE APP AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE APP AND SERVICES.

No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.


Third Party Applications and Services

Portions of the App (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. The Site may also provide you with links to access the sites of third party vendors including, without limitation, for the purpose of reviewing or using their services. We have no control over third-party sites, and all use of third-party sites and services is at your own risk. Additionally, Tigapo cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. Tigapo is not responsible for content or services available by means of such sites. Tigapo does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.


Limitation of Liability

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Content, Device or Services (including hardware and software related thereto). We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the App or Services or combination thereof, including any injury or damage to you or to any person’s computer related to or resulting from the App, Device or Services or the use thereof. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the App, Device, Content or Services. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Tigapo, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.

IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, CONTENT, AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE APP OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU UNDER ANY CAUSE(S) OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM OR SERIES OF CLAIMS.


Indemnification

You agree to indemnify, defend, and hold harmless Tigapo and each of our respective employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer, mobile device or password; (b) any claim, loss or damage experienced from your use or attempted use of the App or the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.


Miscellaneous

These Terms shall be governed by the laws of the State of New York exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Any action to be brought in connection with these Terms or the App or Services shall be brought exclusively in the courts in New York, NY and you irrevocably consent to their jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Tigapo must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Tigapo or enables you to act on behalf of Tigapo. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.


Contact

Should you have any questions about our Terms of Service and/or our Services, please contact us at: [email protected]. Alternatively, you can contact our representative at: Neal Brickman, Esq., The GrayBar Building, 420 Lexington Avenue, Suite 2440, New York, New York 10170.

Last updated: February 2020.