Terms of Use

Updated August 31, 2024

Before you use our Platform, please read these Terms and Conditions carefully. These Terms and Conditions ("Terms and Conditions," "Terms," or "Agreement") constitute a legal agreement between you and Thippo that governs your access and use of the Platform and Services. By accessing or using our Technology you agree that you have read, understand, and agree to these Terms. If you do not agree, you may not use the Platform.

Under the Terms, Thippo ("Thippo," "we," "us," or "our") means Thippo Co, a Pennsylvania LLC. Thippo only operates in the state of Pennsylvania. If you do not live in Pennsylvania, you cannot use our Platform.

As used in this Agreement, “you,” "your," or "User" means any visitor, user, or other person who accesses our Platform or Services, whether or not such person registered for an Account (as defined below). Unless otherwise agreed by Thippo in a separate written agreement with you or your authorized representative, the Platform is made available solely for your personal, non-commercial use.

If you access any of our websites located at https://www.thippo.com/ or related subdomains, install or use the Thippo mobile and/or tablet application, install or use any other technology supplied by Thippo (collectively, the "Technology" or "Platform"), access or use any information, function, feature, or service made available or enabled by Thippo (collectively, the “Services,” which includes the Technology), click or tap a button or take similar action to signify your affirmative acceptance of this Agreement, or complete the Thippo account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that: (a) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at https://www.thippo.com/terms or through the Technology; (b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Thippo; and (c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization for whom you have created an account or been named as the User during the Thippo account registration process and to bind such organization to the Agreement.

IMPORTANT: DISPUTES ABOUT THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “DISPUTE RESOLUTION” SECTION OF THESE TERMS.

This section is of particular importance, as it effects your ability to have your rights determined by a court or in the form of a class action.

Thippo provides technology services to restaurants and other businesses (collectively, the "Merchants") that allows them to provide their customers the convenience of communicating and/or placing orders online. The "Customer" is a customer of the Merchant. In using our Platform a Customer may purchase menu items such as food and beverages from the Merchant. Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity is solely between the Customer and the Merchant. Thippo and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between the Customer and Merchant.

Through the Technology Platform, the Merchant may provide their Customer the option to have the order delivered, which is fulfilled using the Merchant's own delivery personnel. Thippo is not a merchant, retailer, restaurant, delivery service, or food preparation business. Merchants operate independently of Thippo. Merchants are required to comply with federal, state, and local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food, including, without limitation, food preparation and safety and menu disclosure. Thippo is not liable or responsible for Merchants' food preparation or safety and does not verify their compliance with all applicable laws. In addition, Thippo does not guarantee the quality of what the Merchants sell, nor does it guarantee the services provided by them, including, without limitation, in those cases where they provide the delivery services or engage another third-party delivery service. Thippo does not independently verify, and is not liable for, representations made by Merchants regarding their food, including, without limitation, any menu- or Merchant-level descriptors, disclosures, photographs or images displayed through the Platform reflecting the food prepared by the Merchants. By accessing the Platform, you agree and acknowledge that Merchants are solely responsible for, and Thippo shall not be liable or responsible for, the services provided to you by any Merchant or any subcontractor of any Merchant, nor shall Thippo be responsible for any acts, omissions, errors or misrepresentations made by any Merchant or any subcontractor of any Merchant.

Using Thippo

The Platform allows you to use the Services without an Account or without logging in to your Account. You must be at leaset 18 years old to access and/or use the Platform. If Thippo has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, or if we believe that you have breached this Agreement, Thippo has the right to immediately block your current or future use of the Platform and/or terminate this Agreement with you.

You may only create and hold one account (an "Account") on the Platform for your personal use. In consideration of the use of the Platform and the Services, you agree that you are able to create a binding legal obligation with Thippo, and you also agree to: (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current, and complete.

As Thippo permits using the Technology with or without an account, you are responsible for maintaining the confidentiality and security of your Account and/or Device including your password and, if applicable, any password for Google, or other third party login. You are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account and/or Device. You agree to: (a) immediately notify Thippo of any known or suspected unauthorized use(s) of your Account and/or Device, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session; and (c) ensure that you keep your device locked when not in use. Thippo will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts or omissions by you or someone else who is using your Account and/or Device.

Subject to your compliance with these Terms, Thippo hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Platform on compatible devices that you own or control, solely for your own use, and only in a manner that complies with all legal requirements that apply to you or your use of the Platform. Thippo may revoke this license at any time, in its sole discretion. Thippo reserves all rights not expressly granted to you.

By accessing the Technology, you agree that:

User Account

You may be required to register for an Account to access certain features of the Technology. You must provide accurate and up-to-date information during registration and update it as needed. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your Account. If you suspect unauthorized use, you must notify us immediately. You agree that Thippo will not be held liable for any losses or damages arising from unauthorized use of your Account.

You may not share or transfer your Account to another person or entity. If we detect any violations, we reserve the right to suspend or terminate your Account.

Payments

Prices and Charges   Prices on the Platform may vary from those offered directly by the Merchant and are subject to change. Final charges at checkout may differ from initial estimates, and you are responsible for all applicable transaction taxes.

Payments   Payments for completed orders are generally final and non-refundable, with refunds or credits provided at the discretion of the Merchant. Alternative payment methods may be used if the primary method fails, and pre-authorization may occur.

Refunds and Credits   Refunds are typically not provided, but credits or promotional offers may be available under certain conditions. These credits have specific terms, expiration dates, and are non-transferable.

Fees and Promotions   Additional service fees may apply, and promotional offers can vary. Thippo and/or the Merchant reserve the right to change fees and modify or cancel promotions at any time.

Communications

Thippo does not send marketing or promotional emails or text messages. Thippo will send emails that are strictly for transactional purposes and are not opt-out. You may receive phone calls or text messages from the Merchant with the purpose of completing your order. These are strictly transactional and necessary for order fulfillment and are not opt-out. You agree that Thippo will not be held responsible for any misuse of your contact information by the Merchant.

Privacy Policy

By using our Technology you acknowledge and agree to the Thippo Privacy Policy, found at https://www.thippo.com/privacy. The terms and conditions of the Privacy Policy are incorporated into this Agreement by reference.

Third Party Content

The Technology may contain links to third-party websites, applications, and advertisements (collectively, “Third-Party Content”). These are provided for your convenience, and clicking on them means you leave our Platform and are subject to the terms and conditions, including privacy policies, of the third-party destinations. Thippo does not control, review, approve, monitor, endorse, or make any representations regarding the Third-Party Content or their services and products.

App Stores   Our Technology may be accessed via app stores such as Apple or Android. While we are responsible for our Platform, the app stores are not. Your use of our Technology must comply with the applicable terms and policies of these app stores.

Thippo is not liable for any risks associated with Third-Party Content. You should perform any necessary investigations before engaging in transactions or providing information on these third-party platforms. Access to and use of Third-Party Content is at your own risk. We may discontinue links to any third-party websites at any time without notice.

You acknowledge that we provide Third-Party Content "as is" without warranties or endorsements. You should familiarize yourself with any terms associated with such third-party websites or tools before use.

Thippo uses the Google Maps API. By using our application, you are bound by Google's Terms of Service found at https://policies.google.com/terms

Copyright

Intellectual Property Ownership: We, along with our licensors, own all rights, titles, and interests in the technology and services provided. This includes all related intellectual property rights. This agreement does not transfer any ownership rights to you. Our trademarks, logos, and product names are protected and may not be used without our permission. You agree not to alter or obscure any proprietary notices on our Technology.

Procedure for Making Claims of Copyright Infringement: In compliance with the Digital Millennium Copyright Act (DMCA), we respect the intellectual property rights of others and expect the same from our users. If you believe your copyrighted work has been infringed upon within our services, please notify our designated Copyright Agent with the following information:

Please direct your DMCA notices to legal@thippo.com with the subject: Attention: Copyright Agent

Please note that this process is strictly for reporting copyright infringements. Misuse of the DMCA process, including false claims, may result in legal consequences.

Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Thippo, its officers, directors, employees, agents, affiliates, contractors, and partners (each, an "Indemnified Party") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or related to:

Thippo reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with Thippo in the defense of these claims. You must not settle any claim without Thippo's prior written consent.

This indemnification obligation does not extend to any unconscionable commercial practices or gross negligence, fraud, deception, false promises, misrepresentation, or the concealment, suppression, or omission of any material fact by an Indemnified Party.

These provisions will survive any termination of your Account, this Agreement, or your access and/or use of the Technology.

Agreement Changes

Thippo reserves the right to modify the Terms and Conditions of this Agreement or its policies relating to the Technology and/or Services at any time without prior notice. Any changes will be effective immediately upon posting the updated version of this Agreement on Thippo’s website at https://www.thippo.com/terms, through the Platform, or via other means as determined by Thippo. The date of the last update will be identified in the Agreement.

In the event of material changes to this Agreement, Thippo will make reasonable efforts to notify you, which may include sending an email to the address you have provided, displaying a notice through the Platform, or other similar mechanisms. It is your responsibility to review this Agreement periodically to stay informed of any changes. By continuing to access and use the Technology and/or Services after any changes, you agree to be bound by the updated Terms. If you do not agree to the modified Terms, you must immediately stop using the Technology and/or Services.

Disputes arising under this Agreement will be resolved in accordance with the version of the Terms in place at the time the dispute arose, except as explicitly described in the Dispute Resolution and Arbitration section. This Agreement does not require you to indemnify any Indemnified Party for any unconscionable commercial practice, negligence, fraud, deception, false promise, misrepresentation, or concealment, suppression, or omission of any material fact.

You acknowledge that any modifications to the Terms, except for changes in the Dispute Resolution and Arbitration section, do not provide a renewed opportunity to opt out of arbitration if applicable. Material changes to these Terms will become effective either upon your first use of the Platform with actual notice of such changes or thirty (30) days from the posting of such changes, whichever occurs first.

Disclaimer

YOUR USE OF THE TECHNOLOGY, PLATFORM, AND SERVICES IS AT YOUR SOLE RISK. THE TECHNOLOGY, PLATFORM, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIPPO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.

THIPPO DOES NOT WARRANT THAT THE TECHNOLOGY, PLATFORM, OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE TECHNOLOGY, PLATFORM, OR SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THIPPO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TECHNOLOGY, PLATFORM, OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT THIPPO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM YOUR USE OF THE TECHNOLOGY, PLATFORM, OR SERVICES.

THIPPO RELIES UPON THIRD PARTIES TO PROVIDE ACCURATE INFORMATION AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, OR ERROR-FREE NATURE OF ANY INFORMATION PROVIDED THROUGH THE TECHNOLOGY, PLATFORM, OR SERVICES, INCLUDING WITHOUT LIMITATION MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE TECHNOLOGY, PLATFORM, OR SERVICES IS SOLELY AT YOUR OWN RISK.

THIPPO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THIPPO'S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THIPPO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIPPO OR THROUGH OR FROM THE TECHNOLOGY, PLATFORM, OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

IN NO EVENT SHALL THIPPO’S AGGREGATE LIABILITY EXCEED THE FEES ACTUALLY PAID BY YOU TO THIPPO IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $50, WHICHEVER IS LESS. IN NO EVENT SHALL THIPPO AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE) EVEN IF THIPPO AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PLATFORM CONNECTS YOU TO MERCHANTS FOR THE PURPOSES OF FACILITATING YOUR TRANSACTIONS. THIPPO WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF MERCHANTS, AND YOU EXPRESSLY WAIVE AND RELEASE THIPPO FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THESE MERCHANTS. THIPPO WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS PROVIDED BY MERCHANTS ON THE PLATFORM, AND YOU EXPRESSLY WAIVE AND RELEASE THIPPO FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THESE MERCHANTS AND THE ITEMS THEY PROVIDE. THIPPO WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTE BETWEEN YOU AND ANY MERCHANTS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE PLATFORM (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE THIPPO FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE PLATFORM.

YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO CALIFORNIA CIVIL CODE SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Dispute Resolution   To address any concerns regarding the Platform, please contact Customer Support via email at support@thippo.com. Both parties agree to use their best efforts to resolve any dispute, claim, question, or disagreement through good faith negotiations, and engaging in this process is a prerequisite to initiating a lawsuit or arbitration. Failure to comply may result in an award of fees against you in arbitration.

Binding Arbitration   If the dispute is not resolved within 30 days of initiating informal dispute resolution, either party may proceed with binding arbitration as the sole means to resolve the issue. All claims related to these Terms, including their formation, performance, and breach, shall be settled by binding arbitration administered by JAMS according to its Streamlined Arbitration Rules and Procedures, excluding any rules allowing class or representative actions.

The arbitrator has exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, or formation of these Terms. This includes any claim that these Terms are void or voidable, whether a claim is subject to arbitration, and any disputes regarding payment of JAMS administrative or arbitrator fees. The arbitrator may grant any relief available in court under law or equity, including dispositive motions if they efficiently resolve or narrow the issues in dispute. The arbitrator’s award shall be written, binding, and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver   All arbitration shall be conducted on an individual basis only, and not as a class action or other representative action. The parties expressly waive their right to file or participate in a class action. If a court finds this waiver unenforceable, any claims must be severed and adjudicated separately.

Location   If you reside in the United States, arbitration will take place at a location convenient for you within the United States. Both parties agree to the personal jurisdiction of any federal or state court in Pittsburgh, Pennsylvania, to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator’s award.

Exceptions   Either party may bring an action in state or federal court to protect its intellectual property rights or resolve disputes in small claims court within the scope of that court’s jurisdiction. Seeking such relief does not waive the right to arbitration.

Changes and Opt-Out   Changes to these Terms and Conditions do not provide a new opportunity to opt out of the Arbitration Agreement for Users who had previously agreed to a version of Thippo’s Terms and Conditions and did not validly opt out of arbitration. Thippo will continue to honor the valid opt outs of Users who validly opted out of the Arbitration Agreement in a prior version of the Terms and Conditions. If you are a User who accesses and/or uses the Technology for the first time on or after the effective date of these Terms and Conditions, you may opt out of this Arbitration Agreement. If you do so, neither you nor Thippo can force the other to arbitrate as a result of this Agreement. To opt out, you must notify Thippo in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you currently use to access your Thippo account or use the Technology, and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: legal@thippo.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.

Venue and Governing Law   For any disputes not subject to arbitration, both parties agree to the exclusive jurisdiction and venue in the federal and state courts located in Pittsburgh, Pennsylvania. The relationship between you and Thippo shall be governed by the laws of the State of Pennsylvania without regard to any conflict of laws provisions. The Federal Arbitration Act will govern the interpretation and enforcement of the Dispute Resolution section.

Termination

These Terms remain effective until terminated by either party. You may terminate them by deactivating your Account or ceasing to use the Technology. We reserve the right to terminate or suspend your Account or access to the Platform at our sole discretion, for any reason, including but not limited to a breach of these Terms. We have the exclusive right to determine if you have violated any of the restrictions outlined in these Terms.

Certain provisions of these Terms are intended to survive termination. This includes, but is not limited to, any of your obligations to pay us, your duty to indemnify us, limitations on our liability, and terms related to ownership or intellectual property rights. These obligations will continue to be enforceable even after termination.

General Terms

These Terms constitute the entire agreement and understanding between you and Thippo, governing your use of the Technology and superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Thippo, including any prior versions of the Terms.

These Terms do not create any third-party beneficiary rights, nor do they establish any agency, partnership, or joint venture between the parties.

If any provision of these Terms is found to be unenforceable or invalid, this will not affect any other Terms which will otherwise remain in effect and enforceable.

Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

We are not responsible for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to mechanical, electronic, or communications failures or degradations.

You acknowledge and agree that any claim arising from these Terms or the Technology must be filed within one (1) year from the date the cause of action arose, or it will be permanently barred.

Contact Information

If you have questions or comments regarding this Agreement or the Platform, please email customer support at support@thippo.com.