TERMS AND CONDITIONS
Last updated September 15, 2026
AGREEMENT TO OUR LEGAL TERMS
We are Tech Star Corp, doing business as Spendigo ("Company,"
"we," "us," "our"), a company registered in
Michigan, United States
at 150 Vester Ave., Ferndale, MI 48220.
We operate the website
https://www.spendigo.io
(the "Site"), the mobile application Spendigo (the
"App"), as well as any other related products and services that refer
or link to these legal terms (the "Legal Terms") (collectively, the
"Services").
Spendigo is a digital tipping platform for service workers, businesses, and, where
approved under Section 35, online content creators.
Individual and Enterprise accounts: customers tip service workers by scanning a QR code
or tapping their phone on an NFC device. Workers create an account via our mobile app or
web app, connect their bank account, and verify their identity via Stripe, and receive
weekly payouts. Businesses can equip their teams with NFC devices and access tipping
analytics.
Creator accounts: subject to Spendigo’s prior approval under Section 35, approved online
content creators may display a Spendigo QR code or tip link on their own channels,
videos, livestreams, or social media so that viewers may send them a voluntary tip.
You can contact us by email at
support@spendigo.io
or by mail to 150 Vester Ave., Ferndale, MI 48220, United States.
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and Tech Star Corp,
concerning your access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of these Legal
Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you
are using. The modified Legal Terms will become effective upon posting or notifying
you by
support@spendigo.io, as stated in the email message. By continuing to use the Services after the
effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the
ageof 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to
or use by any person or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use the Services. You may not use the Services in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services (collectively, the "Content"),
as well as the trademarks, service marks, and logos contained therein (the
"Marks").
Our Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the
United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your
personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license
to:
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access the Services; and
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download or print a copy of any portion of the Content to which you have properly
gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced,aggregated, republished,
uploaded, posted, publicly displayed, encoded,translated, transmitted, distributed,
sold, licensed, or otherwise exploitedfor any commercial purpose whatsoever, without
our express prior writtenpermission.
If you wish to make any use of the Services, Content, or Marks other than as set out
in this section or elsewhere in our Legal Terms, please address your request to:
support@spendigo.io. If we ever grant you the permission to post, reproduce, or publicly display any
part of our Services or Content, you must identify us as the owners or licensors of
the Services, Content, or Marks and ensure that any copyright or proprietary notice
appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content,
and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of
our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give
us and (b) obligations you have when you post or upload any content through the
Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services ("Submissions"),
you agree to assign to us all intellectual property rights in such Submission. You
agree that we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without acknowledgment
or compensation to you.
Contributions: The Services may invite you to chat, contribute to,
or participate in blogs, message boards, online forums, and other functionality during
which you may create, submit, post, display, transmit, publish, distribute, or
broadcast content and materials to us or through the Services, including but not
limited to text, writings, video, audio, photographs, music, graphics, comments,
reviews, rating suggestions, personal information, or other material
("Contributions"). Any Submission that is publicly posted shall also be treated as a
Contribution.
You understand that Contributions may be viewable by other users of the Services and
possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name,
trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast,
retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part), and exploit your Contributions (including, without limitation, your
image, name, and voice) for any purpose, commercial, advertising, or otherwise, to
prepare derivative works of, or incorporate into other works, your Contributions, and
to sublicense the licenses granted in this section. Our use and distribution may occur
in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide.
You are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions through any part of the Services or making
Contributions accessible through the Services by linking your account through the
Services to any of your social networking accounts, you:
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confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any
Submission nor post any Contribution that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or
group, sexually explicit, false, inaccurate, deceitful, or misleading;
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to the extent permissible by applicable law, waive any and all moral rights to any
such Submission and/or Contribution;
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warrant that any such Submission and/or Contributions are original to you or that
you have the necessary rights and licenses to submit such Submissions and/or
Contributions and that you have full authority to grant us the above-mentioned
rights in relation to your Submissions and/or Contributions; and
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warrant and represent that your Submissions and/or Contributions do not constitute
confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly
agree to reimburse us for any and all losses that we may suffer because of your breach
of (a) this section, (b) any third party’s intellectual property rights, or (c)
applicable law.
We may remove or edit your Content: Although we have no obligation to
monitor any Contributions, we shall have the right to remove or edit any Contributions
at any time without notice if in our reasonable opinion we consider such Contributions
harmful or in breach of these Legal Terms. If we remove or edit any such Contributions,
we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or control,
please immediately refer to the "
COPYRIGHT INFRINGEMENTS" section below.
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and promptly update such
registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Legal Terms;
(4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether
through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse any
and all current or future use of the Services (or any portion thereof).
You may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you select
if we determine, in our sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
Creator accounts additionally require completion of the approval process described
in Section 35 before activation.
All purchases are non-refundable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- Apple Pay
- Google Pay
You agree to provide current, complete, and accurate purchase and account information
for all purchases made via the Services. You further agree to promptly update account
and payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in US dollars: for US users. Euros: for European users..
You agree to pay all charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment provider
for any such amounts upon placing your order. We reserve the right to correct any
errors or mistakes in pricing, even if we have already requested or received
payment.
We reserve the right to refuse any order placed through the Services. We may, in our
sole discretion, limit or cancel quantities purchased per person, per household, or
per order. These restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers, or distributors.
6. SOFTWARE
We may include software for use in connection with our Services. If such software is
accompanied by an end user license agreement ("EULA"), the terms of the EULA will
govern your use of the software. If such software is not accompanied by a EULA, then
we grant to you a non-exclusive, revocable, personal, and non-transferable license to
use such software solely in connection with our services and in accordance with these
Legal Terms. Any software and any related documentation is provided "AS IS" without
warranty of any kind, either express or implied, including, without limitation, the
implied warranties of merchantability, fitness for a particular purpose, or
non-infringement. You accept any and all risk arising out of use or performance of any
software. You may not reproduce or redistribute any software except in accordance with
the EULA or these Legal Terms.
You may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
us.
As a user of the Services, you agree not to:
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Systematically retrieve data or other content from the Services to create
or compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
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Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
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Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or restrict
the use or copying of any Content or enforce limitations on the use of
the Services and/or the Content contained therein.
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Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
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Use any information obtained from the Services in order to harass,
abuse, or harm another person.
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Make improper use of our support services or submit false reports of
abuse or misconduct.
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Use the Services in a manner inconsistent with any applicable laws or
regulations.
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Engage in unauthorized framing of or linking to the Services.
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Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with
the use, features, functions, operation, or maintenance of the
Services.
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Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
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Delete the copyright or other proprietary rights notice from any
Content.
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Attempt to impersonate another user or person or use the username of
another user.
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Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as "spyware" or "passive
collection mechanisms" or "pcms").
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Interfere with, disrupt, or create an undue burden on the Services or
the networks or services connected to the Services.
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Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
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Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
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Copy or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
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Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in
any way making up a part of the Services.
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Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Services, or use
or launch any unauthorized script or other software.
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Use a buying agent or purchasing agent to make purchases on the
Services.
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Make any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other means
for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
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Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any
revenue-generating endeavor or commercial enterprise.
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Use the Services to advertise or offer to sell goods and services.
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Sell or otherwise transfer your profile.
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Use the platform to collect tips for fraudulent purposes or misrepresent your
identity.
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Share or transfer NFC devices assigned to your account to unauthorized
users.
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Solicit, receive, or facilitate tips to your own account, directly or through
another person, device, or account you control, for the purpose of inflating
your apparent earnings, testing payment credentials, or laundering
funds.
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Use fake, bot-driven, or purchased engagement to solicit tips.
Use the Services for any purpose other than receiving lawful tips or gratuities
as contemplated by these Legal Terms; nothing in this Section is intended to
prohibit the ordinary purpose of the Services, which is to help you earn
tips.
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you with
the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Services,
including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users of
the Services and through third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and non-proprietary. When you create
or make available any Contributions, you thereby represent and warrant
that:
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The creation, distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
party.
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You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Services, and other users of the Services to use your Contributions in any
manner contemplated by the Services and these Legal Terms.
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You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
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Your Contributions are not false, inaccurate, or misleading.
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Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.
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Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined
by us).
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Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
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Your Contributions are not used to harass or threaten (in the legal sense
of those terms) any other person and to promote violence against a specific
person or class of people.
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Your Contributions do not violate any applicable law, regulation, or
rule.
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Your Contributions do not violate the privacy or publicity rights of any
third party.
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Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
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Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical
handicap.
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Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms
and may result in, among other things, termination or suspension of your rights to
use the Services.
By posting your Contributions to any part of the Services, you automatically grant,
and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit, excerpt
(in whole or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been asserted in
your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area on
the Services. You are solely responsible for your Contributions to the Services and
you expressly agree to exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions to place
them in more appropriate locations on the Services; and (3) to pre-screen or delete
any Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
10. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a
review, you must comply with the following criteria: (1) you should have firsthand
experience with the person/entity being reviewed; (2) your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hateful language; (3) your
reviews should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4) your
reviews should not contain references to illegal activity; (5) you should not be
affiliated with competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign encouraging others to
post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely
no obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims, liabilities,
or losses resulting from any review. By posting a review, you hereby grant to us a
perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by any
means, display, perform, and/or distribute all content relating to review.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the App on wireless electronic
devices owned or controlled by you, and to access and use the App on such devices
strictly in accordance with the terms and conditions of this mobile application
license contained in these Legal Terms. You shall not: (1) except as permitted by
applicable law, decompile, reverse engineer, disassemble, attempt to derive the source
code of, or decrypt the App; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the App; (3) violate any applicable
laws, rules, or regulations in connection with your access or use of the App; (4)
remove, alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for any
revenue-generating endeavor, commercial enterprise, or other purpose for which it is
not designed or intended; (6) make the App available over a network or other
environment permitting access or use by multiple devices or users at the same time;
(7) use the App for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the App; (8) use the App
to send automated queries to any website or to send any unsolicited commercial email;
or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store
or Google Play (each an "App Distributor") to access the Services: (1) the license
granted to you for our App is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for providing any maintenance
and support services with respect to the App as specified in the terms and conditions
of this mobile application license contained in these Legal Terms or as otherwise
required under applicable law, and you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support services with respect to
the App; (3) in the event of any failure of the App to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if any, paid
for the App, and to the maximum extent permitted by applicable law, the App
Distributor will have no other warranty obligation whatsoever with respect to the App;
(4) you represent and warrant that (i) you are not located in a country that is
subject to a US government embargo, or that has been designated by the US government
as a "terrorist supporting" country and (ii) you are not listed on any US government
list of prohibited or restricted parties; (5) you must comply with applicable
third-party terms of agreement when using the App, e.g., if you have a VoIP
application, then you must not be in violation of their wireless data service
agreement when using the App; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in this mobile
application license contained in these Legal Terms, and that each App Distributor will
have the right (and will be deemed to have accepted the right) to enforce the terms
and conditions in this mobile application license contained in these Legal Terms
against you as a third-party beneficiary thereof.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other
websites ("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and other
content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and
Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through the Services or any
Third-Party Content posted on, available
through, or installed from the Services, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the
Third-Party Content. Inclusion of, linking to,
or permitting the use or installation of any
Third-Party Websites or any
Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and access the
Third-Party Websites or to use or install any
Third-Party Content, you do so at your own
risk, and you should be aware these Legal Terms no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any
website to which you navigate from the Services or relating to any applications you use
or install from the Services. Any purchases you make through
Third-Party Websites will be through other
websites and from other companies, and we take no responsibility whatsoever in relation
to such purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any
Third-Party Content or any contact with
Third-Party Websites.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations
of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including without limitation, reporting
such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion thereof; (4) in
our sole discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the Services in a manner
designed to protect our rights and property and to facilitate the proper functioning of
the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:
https://app.spendigo.io/privacy-policy.html. By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted in the
United States. If you access the Services from any other region of the world with laws
or other requirements governing personal data collection, use, or disclosure that differ
from applicable laws in
the United States, then through your continued use of the Services, you are transferring your data to
the United States, and you expressly consent to have your data transferred to and processed in
the United States.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or control,
please immediately notify us using the contact information provided below (a
"Notification"). A copy of your Notification will be sent to the person who posted or
stored the material addressed in the Notification. Please be advised that pursuant to
applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material located on
or linked to by the Services infringes your copyright, you should consider first
contacting an attorney.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN
OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or the
name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services. We will not be liable to you or
any third party for any modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services. Nothing in these Legal
Terms will be construed to obligate us to maintain and support the Services or to supply
any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in
accordance with the laws of the State of Michigan applicable to agreements made and to
be entirely performed within
the State of Michigan, without regard to
its conflict of law principles.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought
by either you or us (individually, a "Party" and collectively, the "Parties"), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to the other
Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the
Dispute (except those Disputes expressly excluded below) will be finally and exclusively
resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD
HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American Arbitration
Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the
American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by
the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If
such costs are determined by the arbitrator to be excessive, we will pay all arbitration
fees and expenses. The arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make a decision in writing, but need
not provide a statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in Michigan. Except as otherwise provided herein, the
Parties may litigate in court to compel arbitration, stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by
the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute
shall be commenced or prosecuted in the
state and federal courts located in Michigan, and the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such
state and federal courts. Application of the United Nations Convention on Contracts for
the International Sale of Goods and the Uniform Computer Information Transaction Act
(UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the
Services be commenced more than one (1) years after the cause of action arose. If this
provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal
or unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with
any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated
on a class-action basis or to utilize class action procedures; and (c) there is no right
or authority for any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property rights of a
Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion
of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies,
or omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE
OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME
NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE
DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THEAMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree todefend, indemnify, and hold us harmless, including our
subsidiaries,affiliates, and all of our respective officers, agents, partners,
andemployees, from and against any loss, damage, liability, claim, or demand,
includingreasonable attorneys’ fees and expenses, made by any third party due to
orarising out of: (1) your Contributions; (2)
use of the Services; (3) breach of these Legal
Terms; (4) any breach of your representations
and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt
harmful act toward any other user of the Services with whom you connected via the
Services. Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will maintaincertain data that you transmit to the Services for the purpose of
managing theperformance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backupsof data, you are solely responsible
for all data that you transmit or thatrelates to any activity you have undertaken using
the Services. You agreethat we shall have no liability to you for any loss or corruption
of any suchdata, and you hereby waive any right of action against us arising from any
suchloss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other communications we provide to
you electronically, via email and on the Services, satisfy any legal requirement that
such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaintwith us is not satisfactorily resolved, you can contact the
ComplaintAssistance Unit of the Division of Consumer Services of the
CaliforniaDepartment of Consumer Affairs in writing at 1625 North Market Blvd., Suite
N112, Sacramento, California 95834 or by telephone at (800) 952-5210 or
(916)445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or
in respect to the Services constitute the entire agreement and understanding between you
and us. Our failure to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These Legal Terms operate to
the fullest extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control. If
any provision or part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic
form of these Legal Terms and the lack of signing by the parties hereto to execute these
Legal Terms.
28. THIRD-PARTY PAYMENT PROCESSING
Spendigo does not directly process, store, or collect payment card or bank account
information. Payment processing and payout services are provided exclusively by Stripe
and are subject to the Stripe Connected Account Agreement, which includes the Stripe
Services Agreement (collectively, the “Stripe Services Agreement”).By using the Service
to receive payouts, you agree to be bound by the Stripe Services Agreement. You
acknowledge and agree that Stripe manages all underlying fund transfers and may hold,
delay, or freeze funds in accordance with its own policies. Spendigo is not responsible
or liable for any account holds, fund delays, freezes, or other actions taken directly
by Stripe.
29. NFC DEVICES
NFC devices provided by Spendigo remain the property of Spendigo until delivered to the
user. Once delivered, the user is responsible for the care and use of their devices.
Lost, stolen, or damaged devices are not eligible for free replacement. Spendigo is not
responsible for any issues arising from unauthorized use of NFC devices.
30. FEES AND PAYMENTS
All purchases are non-refundable. We accept Visa, Mastercard, Amex, Discover, Apple
Pay, and Google Pay. Payments must be accurate and in USD (US users) or Euros/applicable
local currency (European users).
By using the Service, you agree to the following fee structure:
-
Account Creation: Creating an account and receiving tips via your personal QR code is
free. No setup or activation fee is required to start.
-
Optional Device Kit: If you choose to order a physical device kit for tap-to-tip
functionality, a one-time fee of $20.00 applies, plus shipping costs calculated based
on your delivery address. This purchase is optional and not required to use the
Service.
-
Platform Fee: A 2.8% fee is calculated and deducted from each individual tip received
through the platform. This is in addition to standard card processing fees from
Stripe.
-
Tipper-Side Fee: Card processing fees are charged at checkout. Standard US cards are
2.9% + $0.30; EU, regional, and international card rates vary based on location and
currency conversion.
-
Total Card Tip Fee: For a standard US card tip, the combined fee is 5.7% + $0.30
(Spendigo’s 2.8% platform fee plus Stripe’s 2.9% + $0.30 card processing). Spendigo
does not mark up Stripe’s processing rate. The tipper may choose to cover this fee at
checkout, in which case the earner receives the full tip; otherwise, the fee is
deducted from the tip before it reaches the earner’s balance.
31. BANK ACCOUNT VERIFICATION
We use Stripe and its partner Plaid to link and verify your bank account. By connecting
your bank account to the Service, you grant Spendigo, Stripe, and Plaid the right,
power, and authority to access and transmit your personal and financial information from
your financial institution.
32. IDENTITY VERIFICATION (KYC)
To receive payouts through the Service, you must successfully complete our identity
verification ("Know Your Customer" or "KYC") process. This verification is conducted by
Stripe using Stripe’s identity verification program, and you agree to comply with
Stripe's applicable identity verification terms.Spendigo reserves the right to deny,
suspend, or terminate your account, or withhold payouts, if you fail verification,
provide inaccurate information, or if your verification status is revoked. All
identification documents and personal data submitted for verification are processed in
accordance with our Privacy Policy and Stripe’s Privacy Policy.
33. TAX REPORTING AND BACKUP WITHHOLDING
Tips received through the Service constitute taxable income, and you are solely
responsible for your own tax reporting and obligations. To comply with federal law, you
must provide a valid Taxpayer Identification Number (TIN) or Social Security Number
(SSN).In accordance with IRS regulations, Stripe will issue a Form 1099-K for earnings
processed through the platform. If you fail to provide a valid, matching TIN or SSN,
your payouts may be subject to IRS-mandated backup withholding (currently 24%), which
will be automatically deducted from your funds. Spendigo does not provide tax advice;
please consult a tax advisor regarding your earnings.
34. LEGAL AND GEOGRAPHIC COMPLIANCE
This Section 34 applies to Individual and Enterprise accounts, whose earners provide
in-person services. Creator accounts are instead governed by Section 35.
By creating an account and utilizing the Spendigo platform, services, or associated
physical devices (including but not limited to NFC cards, wristbands, tags, or QR
codes), you expressly represent, warrant, and agree to the following:
Legal Authorization: You are solely operating as an independent sole
proprietor or business entity. You possess the absolute legal right, valid work
authorization, and necessary visas or permits to conduct business, render services, and
collect financial compensation (including tips and gratuities) within the specific
physical country, state, and local jurisdiction where you are operating the
platform.
Cross-Border Restrictions: You are strictly prohibited from utilizing
a Spendigo account registered in one jurisdiction to collect payments or tips while
physically present in another jurisdiction unless you possess explicit legal
authorization to conduct business in that physical location.
No Employer Liability: You acknowledge that Spendigo is strictly a
software platform and payment facilitator, not an employer. Spendigo carries no
responsibility or liability for verifying your local employment authorization,
immigration status, or right to work.
Compliance Monitoring & Termination: Spendigo and its payment
processors (including Stripe, Inc.) reserve the right to monitor account transaction
data, IP addresses, and geolocation metrics. If Spendigo, in its sole discretion,
detects or suspects a violation of geographic or local labor laws, your account may be
flagged, payouts may be frozen, and your access to the platform may be suspended or
terminated immediately without prior notice.
Indemnification: You agree to fully indemnify, defend, and hold
harmless Spendigo, its affiliates, and its partners from any and all claims,
liabilities, damages, fines, or expenses (including legal fees) arising out of your
unauthorized or illegal use of the platform across international borders or in violation
of local immigration, tax, or labor laws.
35. CREATOR ACCOUNTS AND ONLINE CONTENT ELIGIBILITY
This Section applies to any account approved by Spendigo to display a Spendigo QR
code, NFC tap link, or tip link on videos, livestreams, social media posts, or any
other online content for the purpose of receiving voluntary tips from viewers or
followers (a “Creator Account”).
Approval required
Creator Accounts are not self-service. Spendigo reviews each application before
activation and may request information including your channel or profile links,
follower or subscriber counts, and representative content. Spendigo may approve,
reject, or place conditions on any Creator Account application in its sole discretion
and is under no obligation to explain a rejection.
Content representations
By applying for or maintaining a Creator Account, you represent and warrant that the
content on the channels, profiles, and platforms where you display your Spendigo code
or link:
-
Does not contain sexually explicit, pornographic, or adult content;
-
Is not designated, labeled, or primarily directed at an audience of children
(including content designated "Made for Kids" or its equivalent under the platform’s
own policies, or content subject to the Children’s Online Privacy Protection Act
(COPPA) or comparable laws);
-
Does not promote illegal activity, unlawful gambling, hate speech, or violence;
and
-
Complies with the terms of service, community guidelines, and monetization policies
of every platform on which you display your Spendigo code or link, including but not
limited to YouTube, Twitch, Instagram, TikTok, and any successor or comparable
platform.
Spendigo does not police third-party platforms
You are solely responsible for ensuring your use of the Services complies with the
rules of any platform you use. Spendigo is not affiliated with, endorsed by, or
responsible for the policies of YouTube, Twitch, Instagram, TikTok, or any other
third-party platform, and Spendigo’s approval of your Creator Account is not a
representation that your specific use complies with any such platform’s rules.
Ongoing review
Spendigo may periodically review public content associated with a Creator Account to
confirm continued compliance with this Section, and may suspend or terminate a Creator
Account, withhold payouts, or decline to reactivate an account at any time and without
notice if it determines, in its sole discretion, that this Section has been violated.
Anyone may report a Creator Account for a suspected violation to
support@spendigo.io.
Fraud and self-tipping
The restrictions in Section 7 on self-tipping, fake engagement, and fraudulent
solicitation apply in full to Creator Accounts, and Spendigo may treat unusual tipping
velocity or patterns from a Creator Account’s audience as grounds for additional
review.
Indemnification
You agree to fully indemnify, defend, and hold harmless Spendigo, its affiliates, and
its partners from any claims, liabilities, damages, fines, or expenses (including
legal fees) arising from your content, your violation of a third-party platform’s
terms, or your breach of this Section.
36. CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
Tech Star Corp
150 Vester Ave.
Ferndale, MI 48220
United States