Terms of Service

Overview

The following are the terms of service (“Terms of Service” or the “Agreement”) that define the relationship between TipityType and you, and govern your use of TipityType's services. We have done our best to write these conditions in simple, clear terms.

Agreeing to Our Terms

Thank you for your interest in TipityType, which owns and operates the services offered on TipityType.com (“TipityType Website”) and any associated applications (“TipityType Apps”) or products and services (e.g. the "TipityType Blog") that TipityType may provide now or in the future (collectively, the “Service” or "Services"). When using the Service, you will also be subject to the TipityType Privacy Policy and any published guidelines, policies or rules applicable to our website or apps, which may be posted at any time (collectively the “Guidelines”). These Terms of Service and our Privacy Policy, including any other Guidelines and future modifications (collectively, the “Agreement”), govern your use of the Service and are a legal contract between you and TipityType. By signing up for an account on, or otherwise accessing or using the TipityType Service, you acknowledge that you have read and agree to be bound by this Agreement. If you are using the Service on behalf of a school, institution, company or organization that has a separate written agreement with TipityType, that agreement shall govern your use of the Service, and all matters not covered by said agreement will be subject to our Terms of Service and Privacy Policy. If you are entering into this Agreement on behalf of a company, institution or other legal entity, you acknowledge that you have the authority to bind said entity to these terms and conditions, in which case the terms “you,” “your” or “Member” shall refer to said entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service, and TipityType shall not be responsible for any use you make of the Service without the pertinent authorization.

EDUCATIONAL INSTITUTIONS UTILIZING THE SERVICE ARE RESPONSIBLE FOR MONITORING THE RIGHTS AND INTERESTS OF THEIR STUDENTS AND MUST THEREFORE TAKE SPECIAL CARE IN THE REVIEW OF THIS AGREEMENT. EDUCATIONAL INSTITUTIONS SHALL BE RESPONSIBLE FOR OBTAINING, WHERE APPLICABLE, PERTINENT CONSENT FROM PARENTS, LEGAL GUARDIANS OR ELIGIBLE STUDENTS PRIOR TO UTILIZING THE SERVICE. TipityType SHALL NOT BE RESPONSIBLE FOR ANY NEGLIGENCE OF THE EDUCATIONAL INSTITUTION IN THE REVIEW OF THIS AGREEMENT OR THE OBTAINMENT, WHERE APPLICABLE, OF THE NECESSARY PARENTAL CONSENT.

Privacy

Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to help you understand our policies. Please read our Privacy Policy, which explains how we treat your personal information and protect your privacy when you use our Service. By using our Service, you agree that TipityType can use such data in accordance with our Privacy Policy.

Sign-up and Security

As a condition to using the Service, you may be required to create an account with TipityType and select a password and username or provide additional contact information. You must provide TipityType with accurate, complete, and updated personal information.

You may not select or use the name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. We reserve the right to refuse to create an account or to delete an account at our discretion. You shall be responsible for maintaining the confidentiality of your password and will not share your account with anyone or let anyone else access your account. You may not transfer your account to anyone without the express prior written consent from TipityType.

You affirm, acknowledge and pledge that all the information you submit when creating an account is truthful and accurate.

Using the Service

As long as you are complying with all of the terms and conditions of the Agreement, TipityType gives you permission to access and use the Service that you select through the applicable sign-up process. The Service is available for your personal, non-commercial use.

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether if, for example, you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time, although we will be sorry to see you go. We may also stop providing the Service to you, or add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability. Access to and use of the Service itself is currently free, but in the future, we may offer new or additional special features which TipityType may charge for.

The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any exist.

TipityType IS UNDER NO OBLIGATION TO PROVIDE ITS SERVICES. IT IS THE SOLE RESPONSIBILITY OF THE TEACHER, EDUCATIONAL INSTITUION OR ORGANIZATION TO BE PREPARED TO CONDUCT ANY TEACHING AND/OR TEACHING-RELATED ACTIVITIES WITHOUT ACCESS TO THE TipityType SERVICE.

Your Pledge

You affirm, acknowledge and agree that you will not provide any User Submissions (content you create using the Service) or otherwise use the Service in a manner that (i) infringes, violates or misuses another's intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render TipityType in violation of any applicable laws or regulations (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. Additionally, you affirm, acknowledge and agree that you possess all the rights necessary to provide your User Submissions and grant TipityType the above rights.

Your Information and Content

In the course of using the Service, you and other users may provide or post certain content or information which TipityType may use in connection with the Service and which may be visible to certain other users (“User Submissions”). Please review our Privacy Policy for additional information on the types of information different kinds of users are able to provide. Additionally, when the Service is utilized by an educational institution managing student "Educational Records," some User Submissions may be deemed part of said education records (as defined in the "FERPA and Student Data" section below).

You retain all ownership rights for any User Submissions. TipityType does not claim any ownership rights over User Submissions. Nevertheless, if your educational institution, company or organization has purchased a Pro Upgrade and granted you access to TipityType's Pro features, it is possible that your institution, company or organization owns all intellectual property rights inherent to your content, depending on the contents of your employment agreement or the organization's internal regulations. TipityType SHALL NOT BE RESPONSIBLE FOR ANY DECISIONS MADE BY YOUR EDUCATIONAL INSTITUTION, COMPANY OR ORGANIZATION AS TO THE OWNERSHIP OF CONTENT ASSOCIATED TO YOUR ACCOUNT, AND ANY CLAIMS IN THAT REGARD SHOULD BE DIRECTED TO THE EDUCATIONAL INSTITUTION, COMPANY OR ORGANIZATION AND NOT TipityType.

In order to allow TipityType to provide the Service, you hereby grant us a limited, non-exclusive, sublicensable (as necessary to perform the Service), worldwide, royalty-free, and transferable (only to a successor) right and license to:

• use, copy, store, distribute, publicly display, modify, and create derivative works (such as changes we make so that your content works better with our Service) from such User Submissions as necessary to provide, improve and make the Service available to you and other users, including through any future media in which the Service may be distributed;

• use and disclose metrics and analytics regarding the User Submissions in an aggregate or other non-personally identifiable manner (including, for use in improving our service or for marketing and business development purposes);

• use any User Submission (including any Education Record) that has been de-identified for any product development, research or other purpose; and

• use for other purposes permitted by the TipityType Privacy Policy.

You are responsible for making sure that you have all the rights for your User Submissions, including the rights necessary for you to grant us the aforementioned licenses to the User Submissions.

We always appreciate your feedback or other suggestions about TipityType, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.

Ownership of TipityType Teacher Accounts

Your account belongs to you, regardless of the email address you used when signing up for the Services. However, please keep in mind that if your educational institution, organization or company disables your email address and you're not able to log in, we won't be able to recover your account.

Additional Terms by User Types

Students

If you are a student accessing the Service at the invitation of a teacher or other school official, the following terms apply to you:

• Only students who have been invited by their teacher, school, or district may use the Service. You may not access or use the Service unless you are invited by a teacher, school, or district who is authorized to give you access to the Service.

• We request minimal personal information to be provided from students to enable use of the Service: first name, last name, email, Google Classroom course information, and the time and date. If you are a student, please do not provide any personal information about yourself to us, other than what we request from you when you sign up for the Service.

• The Children's Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without verifiable parental consent or notice as applicable (“Consent”). TipityType only collects, uses, shares, and retains personal student information for purposes for which we were authorized by the educational institution/agency and teacher.

Teachers

If you are a teacher, aide, trainer or other similar personnel accessing the Service on behalf of an educational institution, company or organization (the "Institution"), the following terms apply to you:

• You understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without Consent, and you understand that we only collect, use, share and retain student personal information for purposes for which we were authorized by the educational institution/agency or teacher.

• You acknowledge and agree that you have School Consent to allow children under 13 to use the Service and that you and/or the Institution will be solely responsible (and hereby agree that TipityType is not responsible) for compliance with COPPA or any other applicable laws. This includes limiting access to the Service to those student users from whom School Personnel has received valid Consent forms and complying with all parental requests regarding the collection, use and disclosure of such child's information. School Personnel or the educational institution are responsible for providing parental consent forms to the parents of potential student users, for confirming receipt of valid consent forms for each child before granting the student access to the Service, and for retaining such consent forms on file. If a user's parent does not consent or rescind such School Consent, School Personnel or the educational institution shall immediately notify TipityType to discontinue that student's access to the Service and ensure that such student's information is no longer accessible through the Services.

• You agree that you are acting on behalf of (or have permission from) your Institution to enter into this Agreement and to use the Service as part of your curriculum.

• You agree that you are responsible for maintaining and monitoring the accuracy of the list of students for each of your classes. By way of example, you will only retain students in your classroom as long as it is reasonably needed for their educational development, which shall not exceed more than one school year.

• ONLY PERSONNEL WHO ARE CURRENT EMPLOYEES OF THE INSTITUTION MAY USE THE SERVICE ON THE INSTITUTION'S BEHALF. UPON TERMINATION OF A TEACHER, AIDE, TRAINER, OR OTHER STAFF MEMBER'S EMPLOYMENT WITH THE INSTITUTION, SUCH INDIVIDUAL MUST RETURN AND CEASE USING ALL LOGIN DETAILS AND STUDENT ACCESS HE OR SHE HAS IN HIS OR HER POSSESSION. TipityType SHALL NOT BE RESPONSIBLE FOR THE MISUSE OF THE SERVICE BY INSTITUTION PERSONNEL AND SHALL NOT BE HELD ACCOUNTABLE FOR TEACHERS, AIDES, TRAINERS, OR OTHER STAFF MEMBERS OF THE INSTITUTION NOT RETURNING STUDENT EDUCATION RECORDS, AND/OR NOT RETURNING AND CEASING TO USE ALL LOGIN DETAILS AND STUDENT ACCESS THEY HAVE IN THEIR POSSESSION, UPON TERMINATION OF THEIR EMPLOYMENT AGREEMENT WITH THE INSTITUTION.

FERPA and Student Data

Certain information that may be provided to TipityType by School Personnel that is directly related to a student and maintained by an educational institution, may be considered an education record (“Education Record”) under the Family Educational Rights and Privacy Act (“FERPA”). Additionally, certain information, provided to TipityType by School Personnel about a student, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. A school may not generally disclose personally identifiable information from an eligible student's education records to a third party without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA (“FERPA Exemption(s)”), including the exemption for Directory Information (“Directory Information Exemption”) or disclosure to school officials with a legitimate educational interest (“School Official Exemption”).

As School Personnel or the Institution providing Directory Information or any Education Record to TipityType, you acknowledge, affirm and pledge to TipityType, as applicable, that your Institution has:

• complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be directory information and allow parents and eligible students a reasonable amount of time to request that schools do not disclose directory information about them; and/or

• complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “school official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by TipityType; or

• obtained all necessary parental or eligible student written consent to share the Directory Information and Education Records with TipityType, in each case, solely to enable TipityType's operation of the Service.

• TipityType will never share Education Records with third parties except (i) as directed by an TipityType user (i.e., teacher sharing with another teacher or parent); or (ii) to our service providers that are necessary for us to provide the Service, as stated in our Privacy Policy. Education Records are never used or disclosed for third-party advertising or any kind of first- or third-party behaviorally-targeted advertising to students or parents. Additionally, information collected directly from a student using TipityType is never used or disclosed for third-party advertising, or any kind of first- or third-party behaviorally-targeted advertising, and personal information collected from a student is never sold or rented to anyone. This section shall not be construed (i) to prohibit TipityType from marketing or advertising directly to parents so long as the marketing or advertising did not result from the use of Education Records to provide behaviorally-targeted advertising or (ii) to limit the ability of TipityType to use student information or Education Records for adaptive learning or customized student learning purposes.

TipityType may use Education Records that have been de-identified for product development, research or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed. TipityType agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.

GDPR and Minors

The EU General Data Protection Regulation (GDPR) determines that the processing of personal data of a child residing in the European Union shall be lawful where the child is at least sixteen (16) years old, unless Member States have provided, by law, a lower age that is not below thirteen (13) years.

As a teacher, you acknowledge, affirm and pledge to TipityType that you or your Institution has obtained all necessary parental or eligible student written consent to share the personal data of your students with TipityType, in each case, solely to enable TipityType's operation of the Service.

If you have any issues with TipityType's principles set out in these terms, we will respond to your complaints within thirty (30) days.

TipityType Technology Copyright

The Service and the TipityType Technology are intended solely for the personal, non-commercial use of our users and may only be used in accordance with this Agreement. “TipityType Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including TipityType proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all TipityType Marks. “TipityType Marks” are the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of TipityType. TipityType Technology is protected by copyright and other intellectual property laws. You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the TipityType Technology for any purposes other than as expressly permitted under this Agreement. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any TipityType Technology.

Using our Service does not give you ownership of any intellectual property rights in our Service or the TipityType Technology. You may not use content from our Services, including User Submissions, unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any TipityType Marks. Do not remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.

You may download a single copy of the TipityType App for personal, non-commercial use only.

Use Restrictions

User Responsibilities

We do our best to keep TipityType safe, but we cannot make any guarantees. We need your help to keep TipityType safe, which includes the following commitments by you when using our Service:

• You will only use the Service as permitted by law.

• You will not post unauthorized commercial communications (such as spam or advertisements) on or through the Service.

• You will not collect users' content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

• You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.

• You will not upload viruses or other malicious code, files or programs.

• You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.

• You will not collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable laws or regulations.

• You will not post, share or otherwise make available to the community content that is protected by copyright or applicable intellectual property laws and whose dissemination has been prohibited by its legitimate proprietor.

• You will not bully, intimidate, or harass any user or use the Service in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another's privacy.

• You will not post content that: is hate speech, discriminating, threatening, or pornographic or sexually explicit; incites violence; or contains graphic or gratuitous violence.

• You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.

• You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality.

• You will not use the Service in any commercially unreasonable manner or in any manner that would disparage TipityType.

• You will not impersonate an TipityType employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.

• You will use the Service in accordance with its purposes. As a general rule, students using the Service per instruction of an educational institution or teacher are not permitted to create teacher accounts. Periodic exceptions to this prohibition shall be determined on a case by case basis.

• You will not facilitate or encourage any violations of this Agreement or our policies.

• Any violation of the above may be grounds for restriction or termination of your right to access or use the Service as foreseen in the next section "Account Bans".

Account Bans

If your account has been involved in serious rule-breaking, the account will be either suspended or banned indefinitely depending on the severity of the offense.

A suspension is temporary, whilst a ban, on the contrary, is permanent and cannot be lifted.

If there has been a ban or suspension placed on your account, you will not be able to sign in to TipityType anymore. For further information, please refer to Customer Support at support@TipityType.com. Customer Support shall provide you with the general reason for the ban or suspension, but will not enter into further discussion. EVERY BAN OR SUSPENSION ON TipityType IS THE RESULT OF THOROUGH INVESTIGATION BY OUR MODERATION STAFF. AS A RESULT, ALL SUSPENSIONS AND BANS ARE FINAL AND CANNOT BE DISPUTED.

Indemnity

You will indemnify, defend, and hold TipityType and its affiliates not responsible for damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys' fees) from any claim or demand made by any third party relating to or arising out of (i) your access to, use, or misuse of the Service, (ii) your violation of this Agreement (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations), or (iii) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including in connection with your User Submissions.

Third-Party Integrations, Websites and User Interactions

The Service may eventually allow for integrations with third-party apps or tools (e.g., YouTube) to provide certain features and improve your experience when using the Service. As a result, we are obligated to make you aware of certain terms related to the use of such features.

User disputes: TipityType is not responsible for the actions, content, information or data of other third parties, including other users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. We reserve the right, but have no obligation, to become involved in any way with these disputes.

Release: if you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes to a similar effect.

Modification to Agreement

We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Services. You should check the Agreement regularly. We will post notice of material changes to this Agreement on this page. Changes will not apply retroactively and will only become effective when (a) you use the Service after you know about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Services following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. IF YOU DO NOT AGREE TO THE MODIFIED AGREEMENT, PLEASE DISCONTINUE YOUR USE OF THE SERVICE.

As stated in our Privacy Policy, TipityType will not change how Education Records are used or shared under these Terms of Service without advance notice and consent from the competent school or institution.

Termination

This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Service or your account at any time by either accessing your account's settings page or by contacting us at privacy@tipitytype.com. Parents and students should reach out to us through an authorized school official. TiptityType may suspend or terminate your access to the Service or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the loss of information associated with your account. Upon termination of your account, your right to use the Service will cease immediately. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Dispute Resolution

(A) Generally: in the interest of resolving disputes between you and TipityType in the most expedient and cost effective manner, you and the TipityType agree that any and all disputes arising in connection with these Terms of Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of these Terms of Service and our Privacy Policy, including any other Guidelines and future modifications, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Service. You understand and agree that, by entering into these Terms of Service, you and TipityType are each waiving the right to a trial by jury or to participate in a class action.

(B) Exceptions: notwithstanding subsection (A), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

(C) Arbitration: any arbitration between you and TipityType will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting TipityType.

(D) Notice: a party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). TipityType's address for Notice is:

TipityType c/o Adam Guidi
34641 Sunflower Lane
Squaw Valley, California 93675
United States of America

The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or TipityType may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or TipityType shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that our dispute is finally resolved through arbitration in your favor, TipityType shall pay you the greater of (i) the amount awarded by the arbitrator, if any, (ii) the greatest amount offered by TipityType in settlement of the dispute prior to the arbitrator's award.

(E) Fees: in the event that you commence arbitration in accordance with these Terms of Service, TipityType will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse TipityType for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

(F) No Class Actions: you and TipityType agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Furthermore, unless both you and TipityType agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

(G) Enforceability: if only Subsection F of this Section or the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in this Section shall govern any action arising out of or related to these Terms of Service.

Limitation of Liability

We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we do not promise about our Services.

DISCLAIMER OF WARRANTIES. THE SERVICE (AND ANY ASSOCIATED CONTENT OR SOFTWARE) IS PROVIDED ON AN “AS IS” BASIS. TipityType EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE TipityType TECHNOLOGY, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE AFOREMENTIONED, TipityType DOES NOT ACKNOWLEDGE OR AFFIRM THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ERROR FREE OR UNINTERRUPTED, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY. UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TipityType OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TipityType HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE SERVICES, CONTENT, OR USER SUBMISSIONS; OR (iii) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING OTHER USERS.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Contact TipityType

If you have any questions or concerns about these Terms of Service or how we protect our community, please contact us at privacy@tipitytype.com