These Terms of Service ("Terms") constitute a legally binding agreement between Tiplor Inc., a corporation registered under the laws of the Province of Ontario, Canada ("Tiplor," "we," "us," or "our"), and you, the individual or entity registering as an Artist on the Tiplor platform ("Artist," "you," or "your"). By creating an account, accessing, or using the Tiplor website at www.tiplor.com (the "Platform") to process fan tips, you agree to be bound by these Terms, our Privacy Policy (incorporated herein by reference), and any additional terms or policies we may post on the Platform.
If you do not agree to these Terms, do not create an account or use the Platform. These Terms comply with applicable Canadian laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial consumer protection legislation.
1. Definitions
- Artist: A user who creates an account on the Platform to receive tips from fans during live performances or otherwise.
- Fan: An individual who interacts with the Platform to provide tips to Artists.
- Tips: Monetary contributions from Fans to Artists processed via the Platform.
- Services: The features provided by Tiplor, including tip processing, QR code generation, payment facilitation via third-party processors (e.g., Stripe), analytics, marketing tools, and related functionalities.
- User Content: Any text, images, bios, photos, or other materials uploaded by you to the Platform.
2. Eligibility and Account Creation
You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract to use the Platform. By registering, you represent and warrant that you meet these requirements and that all information provided is accurate, complete, and current.
To create an account:
- Provide your name, email, password, and other required details (or use Google sign-in).
- Set-up and connect a valid payment account (e.g., via Stripe) for receiving payouts.
- You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized access.
We reserve the right to refuse or terminate accounts at our discretion, including for violations of these Terms.
3. Services Provided
Tiplor provides a SaaS platform for Artists to:
- Generate custom QR codes and URLs for Fans to tip in real-time.
- Process Tips securely via integrated third-party payment processors (e.g., Stripe).
- Access analytics on audience insights, tip trends, and performance data.
- Use marketing tools for fan engagement, such as notifications and campaigns.
- Receive instant or daily payouts of Tips, minus applicable fees.
Tiplor acts solely as a facilitator and does not control Fan interactions, Tip amounts, or your performances. We do not guarantee any Tip volume or earnings.
4. Payments, Fees, and Payouts
- Processing Tips: Tips are processed through Stripe or similar providers. You authorize us to integrate with these services and deduct fees.
- Fees: Tiplor charges a 15% processing fee on each Tip (e.g., for a $100 Tip, you receive $85). No monthly subscription fees apply. Third-party fees (e.g., Stripe's) may also apply and are your responsibility.
- Payouts: Net proceeds (Tips minus fees) are paid out instantly or automatically daily to your connected account, subject to processor policies. We are not liable for delays or errors in payouts caused by third parties.
- Taxes: You are responsible for all taxes on your earnings. Tiplor may report earnings as required by law.
- Refunds and Chargebacks: Tips are non-refundable unless required by law. You agree to indemnify us for any chargebacks or disputes.
All payments are in Canadian dollars unless otherwise specified.
5. User Conduct and Prohibited Activities
You agree to use the Platform lawfully and in compliance with these Terms. Prohibited activities include:
- Uploading illegal, harmful, or infringing User Content.
- Misrepresenting your identity or performances.
- Engaging in fraud, spam, or unauthorized commercial activities.
- Interfering with the Platform's functionality or security.
- Violating intellectual property rights or privacy laws.
We may monitor User Content and remove violations without notice.
6. Intellectual Property
- Tiplor Ownership: We own all rights to the Platform, including software, designs, trademarks, and analytics tools. You are granted a limited, non-exclusive, revocable license to use the Services for your personal or professional purposes.
- Your Content: You retain ownership of User Content but grant Tiplor a worldwide, royalty-free license to host, display, and use it for operating the Platform (e.g., in analytics or promotions).
- Infringement: Do not upload content that infringes third-party rights. You indemnify us against such claims.
7. Privacy and Data Protection
We handle personal information in accordance with our Privacy Policy and PIPEDA. By using the Platform, you consent to our collection, use, and disclosure of data (e.g., for analytics and payouts). You must comply with privacy laws when handling Fan data.
8. Warranties and Disclaimers
You warrant that your use of the Platform complies with all laws and that User Content is accurate and non-infringing.
THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT ERROR-FREE OPERATION, SECURITY, OR UNINTERRUPTED ACCESS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TIPLOR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA, ARISING FROM THESE TERMS OR THE PLATFORM, EVEN IF ADVISED OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID TO US IN THE PRECEDING 12 MONTHS.
This limitation applies under contract, tort, or other theories, and complies with Canadian law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Tiplor, its officers, directors, employees, and agents from any claims, losses, or damages arising from your breach of these Terms, User Content, or use of the Platform.
11. Termination
- You may terminate your account at any time by contacting us.
- We may suspend or terminate your account for violations, non-payment, or at our discretion, with or without notice.
- Upon termination, your license ends, and we may delete your data. Surviving sections (e.g., IP, liability, indemnification) remain in effect.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the courts of Ontario.
We encourage informal resolution first. If unresolved, disputes may proceed to arbitration under the Arbitration Act (Ontario) or litigation.
13. Miscellaneous
- Amendments: We may update these Terms with notice (e.g., via email or Platform posting). Continued use constitutes acceptance.
- Severability: If any provision is invalid, the remainder remains enforceable.
- Entire Agreement: These Terms, including referenced policies, constitute the full agreement.
- Force Majeure: We are not liable for delays due to events beyond our control (e.g., natural disasters).
- Assignment: We may assign these Terms; you may not without our consent.
- Contact: For questions, email backstage@tiplor.com
By clicking "Accept" or using the Platform, you acknowledge that you have read, understood, and agree to these Terms.
