USER AGREEMENT
This User Agreement ("Agreement") is effective as of October 30, 2024, by and between DAV20 Tech Corp, operating under the name Tiponline ("Tiponline"), and the individual or entity ("Client") who registers through our websites pos.tiponline.ca or tips.tiponline.ca ("Website").
INTRODUCTION
1.1 Agreement Scope: This Agreement governs the use of Tiponline's software services ("Services") provided to individuals and companies through the Website.
1.2 Acceptance of Terms: By signing up and accessing our Services on the Website, the Client acknowledges that they have read, understood, and agree to be bound by the terms and conditions outlined in this Agreement. If the Client does not agree to these terms, they should not use our Services.
SERVICES AND COSTS
2.1 Service Offerings: Tiponline offers software services to individuals and companies, as described on the Website's price or profile section.
2.2 Fees and Payments: The costs associated with the Services are clearly stated on the Website. The Client shall be responsible for paying the fees in accordance with the selected pricing plan.
THIRD-PARTY FEES
3.1 Third-Party Companies: Tiponline may utilize the services of third-party companies such as Stripe to facilitate payment processing and other related functions. Any fees or charges imposed by these third-party companies are separate from Tiponline's fees and are the sole responsibility of the Client. Tiponline shall not be liable for any charges incurred through these third-party companies.
INTELLECTUAL PROPERTY
4.1 Ownership: The Client acknowledges and agrees that all intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and other proprietary rights, in the software, website design, services, and any other products or materials provided by Tiponline remain the sole and exclusive property of DAV20 Tech Corp. This includes all rights to the design, structure, and functionality of the software, website, and other related materials.
4.2 License: By using the Services, DAV20 Tech Corp grants the Client a limited, non-exclusive, non-transferable, and revocable license to use the Services solely for the purpose of fulfilling their obligations under this Agreement. The Client shall not claim ownership of any intellectual property created or provided by DAV20 Tech Corp.
LIMITATION OF LIABILITY
5.1 No Warranty: Tiponline provides the Services "as is" and without any warranties, express or implied. Tiponline disclaims all warranties, including but not limited to, fitness for a particular purpose and non-infringement.
5.2 Limitation of Liability: In no event shall Tiponline be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, data, or other intangible losses arising out of or in connection with the use of the Services or this Agreement.
TERM AND TERMINATION
6.1 Term: This Agreement shall remain in effect for as long as the Client continues to use the Services provided by Tiponline through the Website.
6.2 Termination: Either party may terminate this Agreement at any time for any reason by providing written notice to the other party. Upon termination, the Client's access to the Services will be immediately revoked.
GOVERNING LAW AND JURISDICTION
7.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Canada without regard to its conflicts of law principles.
7.2 Jurisdiction: Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the competent courts of Ontario, Canada.
MISCELLANEOUS
8.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior and contemporaneous agreements.
8.2 Amendment: This Agreement may only be amended in writing and signed by both parties.
DEVICE OWNERSHIP
9.1 Devices Provided by DAV20 Tech: In some cases, DAV20 Tech may provide devices to individuals ("Users") on its charge for the purpose of accessing and utilizing the Services ("Devices"). The Devices may include but are not limited to hardware, software, or other equipment necessary for the proper functioning of the Services.
9.2 Ownership of Devices: DAV20 Tech (Tiponline) retains full ownership of all Devices provided to the Users. The Devices and their associated software remain the sole property of DAV20 Tech.
9.3 Client's Right to Use: While using the Services, DAV20 Tech grants the Client the right to use the Devices on a non-exclusive, non-transferable basis. The Client shall have the right to access and operate the Devices solely for the purpose of fulfilling their obligations under this Agreement.
9.4 Restrictions on Devices: The Client shall not attempt to sell, lease, transfer, modify, reverse engineer, disassemble, or otherwise interfere with the Devices provided by DAV20 Tech. The Devices shall be used exclusively for the purpose of accessing the Services.
9.5 Return of Devices: Upon termination of this Agreement, for any reason whatsoever, the Client shall promptly return all Devices provided by DAV20 Tech. The Client shall bear the cost of returning the Devices in good condition, reasonable wear and tear excepted.
9.6 Liability for Devices: The Client shall bear the risk of loss, theft, damage, or destruction of the Devices from the time they are delivered to the Client until they are returned to DAV20 Tech, subject to reasonable wear and tear.
9.7 Compliance with Instructions: The Client agrees to follow any usage guidelines, instructions, or policies provided by DAV20 Tech regarding the proper use and care of the Devices.
9.8 Indemnification: The Client shall indemnify and hold DAV20 Tech harmless from and against any loss, damage, liability, or expenses arising out of or in connection with the Client's use or misuse of the Devices.
DEVICE OWNERSHIP
10.1 Data Collection: By registering and using the Services through tips.tiponline.ca or pos.tiponline.ca, the Client consents to Tiponline collecting data, including but not limited to personal information, service usage, and transaction history, for the purposes of analyzing performance, improving the Services, and providing a better customer experience.
10.2 Use of Data: Tiponline may use the collected data for internal analysis, service improvements, and marketing purposes, including but not limited to sending personalized promotions, offers, and service-related communications. The Client can opt out of marketing communications by following the opt-out instructions in the communication.
10.3 Data Protection: Tiponline will handle all data in accordance with applicable privacy laws and regulations and will take reasonable steps to protect the Client's data from unauthorized access, loss, or disclosure.
IN WITNESS WHEREOF, the parties hereto have duly executed this User Agreement as of the date of the Client's registration on the Website.
