THOUGHTFUL PINCH TERMS OF SERVICE
Last updated May 8, 2019
GENERAL TERMS.
By using the Thoughtful Pinch, LLC (“Thoughtful Pinch”, “we”, “us” or “our”) website (thoughtfulpinch.com) (“Website”) or any other websites, products, services and/or mobile applications owned or operating by Thoughtful Pinch (collectively with the Website the “Platform”), you are agreeing to these Terms of Use (“Terms”) and the Thoughtful Pinch Privacy and Security Policy (“Privacy Policy”) which we may update or amend from time to time as set forth herein.
Any update or amendment to these Terms shall be effective if notice is provided to you. You agree that posting any such changes on the Platform and/or sending any such changes to you via email constitutes reasonable and sufficient notice. Any such amendment will be effective as of the date specified by Thoughtful Pinch. Your continued use of the Platform (including any updates or other versions thereof) after we provide notice of any changes to these Terms constitutes your agreement to those changes. If you do not agree to these Terms (or any updates to or modified versions thereof), you should discontinue use of the Platform immediately.
All references to “Thoughtful Pinch”, “we”, “us” or “our” shall include any entity or person directly or indirectly owning a controlling interest in, owned by, or under common ownership control with Thoughtful Pinch, LLC (each an “Affiliate”).
You agree that these Terms are the legal equivalent of a written contract signed by you and constitutes a legally binding agreement between Thoughtful Pinch and you, as a user of the Platform, and that you have read these and understand these Terms and accept and will be bound by them.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR PLATFORM AND OUR SERVICES CAREFULLY
Accepting the Terms
Before using or accessing the Services, you must read this Agreement and indicate your acceptance during the registration process. You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 13 years of age and, in any event, of a legal age to form a binding contract with Thoughtful Pinch.
In addition, by creating this account you agree to be bound by the Terms of Service & Privacy Policy of our financial software partner Stripe, a service by PayPal, Inc. (“Stripe”), and the Terms of Service and Privacy Policy of our gift card processor Tango Card, Inc. (“Tango Card”).
Scope of Agreement
By accessing and/or using the Platform, you agree to these Terms. These Terms apply to any use of the Platform including (1) when you register a user account; (2) when you sign up for, participate in or otherwise receive any product or services provided through the Platform (collectively the “Services”); and (3) when you use the Platform as a guest.
Privacy and your Personal Information
You can view Thoughtful Pinch’s Privacy Policy here and on the Platform. By using the Services, you also agree to be bound by the Privacy Policy and any changes thereto. You agree that Thoughtful Pinch may use and maintain your data according to the Privacy Policy. You give Thoughtful Pinch permission to combine information you enter or upload in connection with the Services with that of other users of the Services and/or other Thoughtful Pinch services. For example, this means that Thoughtful Pinch may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. Thoughtful Pinch may access or store personal information in multiple countries, including countries outside of your own country, to the extent permitted by applicable law.
Description of the Services
Thoughtful Pinch is a social media platform which allows users to collaborate and combine resources to jointly send gifts to friends, family, acquaintances, or even perfect strangers. Users do this by identifying gifts, uploading the information about the gift and recipient to the Platform, and notifying other users that a “Pinch” has been initiated. Other users can contribute to the Pinch, and once the target funding amount has been reached, a Tango Card gift card is purchased, and the recipient will have options as to how to redeem. Thoughtful Pinch and our partners earn a small fee for each Pinch completed, the amount of which is disclosed prior to a user contributing any funds.
Registration Information, Security, and Electronic Communications
You must register for an account with us, using your true identity, in order use the Services (your “User Account”). As part of such registration we may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments and accounts or verifying information you provide against third party databases or through other sources. If you do not provide this information or Thoughtful Pinch cannot verify your identity, we can refuse to allow you to use the Services.
You agree that you will not share your login information, password, or other account information with anyone else. You understand and agree to take all necessary steps to protect your User Account information as detailed in this Agreement. We will never ask for your password. You are solely responsible for all acts and omissions made using your login information and password. You agree that we carry no liability for losses or problems that may arise due to your sharing this private information with other people, businesses, or entities. You must notify us immediately in the event of any known or suspected unauthorized use of your User Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or User Account Information (as defined below).
By providing us with your e-mail address, you consent to receive all required notices and information electronically. Electronic communications may be posted on the Platform and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our Platform, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (like payment processors) in order to utilize such services. Stripe, Inc., is one of our payment processing partners, and when you use Stripe’s services, your right to use such services may be subject to acceptance of Stripe’s terms or service, privacy policy, or other agreements, rules, or regulations promulgated and required by Stripe.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Thoughtful Pinch immediately via email to support@thoughtfulpinch.com.
Your Use of the Platform and Services
Unless otherwise specified, Thoughtful Pinch grants you a non-exclusive, non-transferable, limited right to access, use and display the Platform and the material provided therein, and the Services that you subscribed to, for your personal, noncommercial use, provided that you comply fully with these Terms and the Privacy Policy. Your right to access and use the Platform and Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Platform and Services for lawful purposes. Accurate records enable Thoughtful Pinch to provide the Services to you. You must provide true, accurate, current, and complete information and you may not misrepresent your registration and Account Information or your ownership, management or operation of the Platform on which the Services will be used. In order for the Services to function effectively, you must also keep your registration and Account Information up-to-date and accurate. Failing to do so may compromise and/or negatively affect the accuracy and effectiveness of the Services. You represent that you are a legal owner of, and that you are authorized to provide us with, all registration and Account Information and other information necessary to facilitate your use of the Services, including the Platform.
If you do not comply with these Terms, we reserve the right to cancel or terminate your password, user account, and/or access to the Platform (or any part thereof) and/or our Services without prior notice.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services or other actions that Thoughtful Pinch, in its sole discretion, may elect to take. Thoughtful Pinch shall not be liable to any party or any user for any loss, cost, or damage that results from any scheduled or unscheduled downtime, regardless of the cause. At our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Platform or our Services, including but not limited to (1) restricting the time the Platform and/or Service is available; (2) restricting the amount of use permitted; (3) restricting or terminating any user’s right to use the Platform and/or any of our Services.
We will attempt to process all requests to cancel or terminate your subscription or user account within three (3) business days after we receive your request and all documentation required to terminate your account, and you acknowledge and agree that any charges or fees incurred prior to the effective time of cancellation or termination will not be reversed.
Your sole and exclusive remedy for any failure or non-performance of the Platform or Services, including any associated software or other materials supplied in connection with such services, shall be for Thoughtful Pinch to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Platform or Service.
User Responsibilities
For purposes of your use of the Platform and Services (including registration, identification and billing) you agree to provide true, accurate and complete information as required by the sign-up process to our Platform and/or Services, including without limitation your legal name, address, telephone number, email address and applicable billing information (collectively “User Account Information”). You expressly allow us to share you User Account Information with third parties for the purpose of verifying the information you provide and charging your account. Your User Account Information is considered Personal Information and shall be treated as such pursuant to our Privacy Policy.
You will maintain and promptly update your User Account Information to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or we have grounds to suspect that information you provided is untrue, inaccurate, or incomplete (in our sole discretion), we reserve the right to suspend or terminate your User Account and refuse any and all current or future use by you of our Platform or any Services. You also agree not to register for more than one username, create an account on behalf of someone else, or create a false or misleading identification on the Platform. If you User Account is revoked for any reason you will not register with our Platform using another username or through any other means, and we reserve the right to terminate any account of any user who we have reason to believe was previously terminated without notice, and to exercise any other rights or remedies available to us at law or in equity.
Practices Regarding Use and Storage
We may from time to time establish general practices and limits concerning the use of the Platform and/or Services which may include, but are not limited to, limiting the maximum amount of time that your data or content will be retained, or the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services or through the Platform. You acknowledge that we reserve the right to terminate any account which is inactive for an extended period provided that we will use commercially reasonable efforts to provide you with notice prior to such termination. Further, we reserve the right to change these general practices and limits at any time, in our sole discretion, and without notice. We will endeavor to provide such notice where required by law but are otherwise under no obligation to do so.
Mobile Services
Services are available via mobile devices, including (a) the ability to upload content to the Platform via mobile device; (b) the ability to browse the Platform from a mobile device; or (c) the ability to access certain features through an application downloaded and installed on a mobile device. To the extent you utilize a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. Additionally, downloading, installing, or using the Platform and/or Services may be prohibited or restricted by your carrier, and not all carriers or devices may support the Platform and/or Services. By using a mobile device, you agree that we may communicate with you via SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of your mobile device may be communicated to us. We will comply with any requirements under applicable laws and regulations before communicating with you in this manner. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person who acquires your old number.
Electronic Fund Transfers ("EFTs")
In order to utilize the Platform and Services (specifically including funding a Pinch), you may required to provide us (or our third-party payment processor Stripe) with information regarding payment instructions, including but not limited to credit or debit card information, personal banking information, or other payment instruction. As a user, you represent that the information you provide is true and correct and that you are authorized to use the payment instrument. You agree that all payments are final and will not be refunded unless Thoughtful Pinch, in its sole discretion, agrees to issue a refund.
By creating an account with Thoughtful Pinch, Thoughtful Pinch, and or any of their subsidiaries, affiliates, or partners, and initiating bank or credit deposits, transfers, or withdrawals (i.e. ETFs), you agree to the terms of service and privacy policy of our financial software provider, Stripe, a service by PayPal, Inc., (“Stripe TOS”) which are incorporated herein by reference. Further, in exchange for utilizing Stripe’s services, you may incur additional fees and or charges by Stripe, and you agree to pay those fees and or charges per the Stripe TOS.
We have partnered with Stripe, a financial services software company, to help facilitate the Services offered to you. When you sign up for an account on our Platform, you will also be prompted to sign up for a Stripe User Account (as defined in the Stripe TOS). You authorize us to share your identity and banking information with Stripe to open and support your Stripe User Account. It is your responsibility to make sure the data you provide us is accurate and complete. Additionally, by using the Services, you are agreeing to any and all applicable terms and conditions set forth by Stripe and any other payment partners or affiliates of ours or of Stripe. It is your Responsibility to read and understand the Stripe TOS as it contains terms and conditions relating to your Stripe User Account including but not limited to your rights, limitations, reversal and other liabilities, limitation of liability and other provisions.
All EFT transactions are performed by and deposits are held by Stripe. Thoughtful Pinch and Stripe only transmit transaction instructions to Stripe financial institution partner and do not hold deposits in your Stripe User Account. Thoughtful Pinch will provide you with all transaction notifications and Thoughtful Pinch User Account balances in addition to providing customer support relating to your Stripe User Account detailed below.
All questions regarding ETF transactions or your Stripe User Account must be directed to as provided for on Stripe’s contact page. All questions regarding your Thoughtful Pinch User Account must be directed to support@thoughtfulpinch.com. Thoughtful Pinch is not responsible for resolving issues and errors relating to transactions and account balances.
Alerts
Thoughtful Pinch may from time to time provide voluntary or automatic Alerts and voluntary account-related Alerts (“Alerts”). Automatic Alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.
Voluntary Alerts may be turned on by default as part of the Services. They may then be customized, deactivated, or reactivated by you. These Alerts allow you to choose Alert messages for your accounts. Thoughtful Pinch may add new Alerts from time to time, or cease to provide certain Alerts at any time, in its sole discretion. Each Alert has different options available, and you may be asked to select from among these options upon activation of your Alerts service.
You understand and agree that any Alerts provided to you through the Services may be delayed or prevented by a variety of factors. Thoughtful Pinch may make commercially reasonable efforts to provide Alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any Alert. Thoughtful Pinch shall not be liable for any delays, failure to deliver, or misdirected delivery of any Alert; for any errors in the content of an Alert; or for any actions taken or not taken by you or any third party in reliance on an Alert.
Electronic Alerts will be sent to the email address you have provided as your primary email address for the Services. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have Alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your Alerts.
Because Alerts are not encrypted, we will never include your private or personal banking information or your password or passcode. However, Alerts may include your Login ID and some information about your accounts. Depending upon which Alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these Alerts. At any time, you may disable featured Alerts.
Thoughtful Pinch’s Intellectual Property Rights
The contents of the Services, including its functionality and its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs), coding and any other materials provided by us to you are protected under both United States and other applicable copyright, trademark, and other laws. The contents of the Services belong to or are licensed to Thoughtful Pinch or its software or content suppliers. Thoughtful Pinch grants you the right to view and use the Services subject to these terms. You may download or print a copy of information related to or generated by the Services for your personal, internal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Platform or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
Your Intellectual Property Rights
In order to allow us to provide the Services, we must obtain certain license and other rights to content and information that you provide to us. This is necessary so that we can process, maintain, store, reproduce, back-up, distribute, or otherwise handle content which is uploaded or submitted by you. By using the Services and agreeing to these Terms, you grant Thoughtful Pinch a license to display, perform and distribute your content and reproduce such content to enable Thoughtful Pinch to operate the Services. You also agree that Thoughtful Pinch has the right not to accept, post, store, display, publish, or transmit any of your content in its sole discretion.
The licenses and rights granted hereunder are royalty free, irrevocable, worldwide, and shall last as long as you have content stored with us. The licenses and rights include the right of Thoughtful Pinch to make your content available to others with whom Thoughtful Pinch has a contractual relationship with for the purpose of providing the Services, and to otherwise permit access to or disclose your content to third parties if Thoughtful Pinch determines, in its sole discretion, such access or disclosure is necessary to comply with Thoughtful Pinch’s legal obligations.
If you elect to use any third-party service or application which is integrated with Thoughtful Pinch, you agree that any and all licenses and rights granted to Thoughtful Pinch shall apply to content which is submitted or uploaded through or to such third-party service or application.
Further, we are relying on your rights to upload and distribute content which you upload or make available to us, and you represent and warrant to Thoughtful Pinch that you have the unfettered legal rights, power and authority to submit your content to Thoughtful Pinch, to make any publication or other distribution of that content in your use of the Services, and to grant the licenses and rights described herein. You further represent that by submitting content to Thoughtful Pinch and granting the licenses and rights described herein you are not infringing the rights of any person or third party.
User Conduct and Content
You are solely responsible for all descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“content”) that you upload, post, publish, display, or otherwise make available (hereinafter “upload”) to us. The following are examples of content and/or use that is prohibited by Thoughtful Pinch. This is not an exclusive or exhaustive list, however, and we reserve the right to investigate anyone by engaging public or private organizations, including but not limited to collection agents, private investigators, and local, state, federal, or other applicable agencies, and to take any action against anyone who, in our sole discretion, violates any of the terms or the spirit of this Agreement. These actions include but are not limited to suspending or terminating the account of violators and reporting you to law enforcement authorities or otherwise taking any other appropriate legal action. Without limiting the foregoing, you agree to NOT use the Services or Platform to:
Engage in any activity that violates any law or governmental rule or regulation or which is otherwise illegal under the laws of any state, federal, or local government or agency;
Transmit or otherwise upload any content that (a) infringes any intellectual property or other proprietary rights of any party; (b) you do not have a right to upload under any law or under contractual or fiduciary relationship; (c) contains any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interferes or is intended to interfere with the proper working of the Services; (d) poses or creates a privacy or security risk to any person; or (e) in the sole judgment of Thoughtful Pinch is objectionable or which restricts or inhibits any other person from using or enjoying the Services or Platform, or which may expose us or our users to any harm or liability of any type; or
Use any robot, spider, scraper, deep-link or other similar automated data gathering or extraction tools, program, algorithm, or other mechanism or methodology to access, acquire, copy, or monitor the Services or information collected by Thoughtful Pinch or any portion of the Services or Platform, without Thoughtful Pinch’s express written consent, which may be withheld in Thoughtful Pinch’s sole discretion; or
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services or generally available third-party web browsers (such as Microsoft Explorer); or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up any part of the Services; or
Attempt to gain an unauthorized access to any portion of the Services or any unauthorized information.
Third-Party Content
Under no circumstances will Thoughtful Pinch be liable in any way for any content or materials of any third parties (including users,) including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content, but that we and our designees will have the right, but not the obligation, in our sole discretion to refuse or remove any content for any reason that is uploaded to the Services or Platform.
Fees
Thoughtful Pinch charges a fee in the amount of 3% of each contribution towards funding a Pinch (“Service Fee”). The Service Fee is due and payable immediately upon contributing to a Pinch. The Service Fee will be clearly stated on the checkout page prior to any Service Fee being incurred. If you have questions about the Service Fee, please contact support@thoughtfulpinch.com. In addition, you will incur an additional fee from Stripe of 2.9%, plus an additional $.30 per transaction. You may also incur additional fees, costs, or expenses charged one of our other partners or affiliates, which will be disclosed prior to any additional fee being incurred. You agree to pay all fees charged in connection with utilizing the Services whether charged by Thoughtful Pinch, Stripe, or any of its partners or affiliates.
Disclaimer of Representations and Warranties
THE PLATFORM, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THOUGHTFUL PINCH, ITS SUBSIDIARIES, ASSOCIATES, AND AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE PLATFORM OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER THOUGHTFUL PINCH NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE PLATFORM OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR USE OR PURPOSE. NEITHER THOUGHTFUL PINCH OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS OF THIS PROVISION OR FOUND ELSEWHERE IN THIS AGREEMENT MAY NOT APPLY TO YOU. IF YOU ARE
Limitations on Thoughtful Pinch’s Liability
THOUGHTFUL PINCH SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR USE OF THE SERVICES OR THIS AGREEMENT, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OR CORRUPTION OF DATA, THE USE OR THE INABILITY TO USE THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR ANY OTHER MATTER RELATING TO ANY OTHER SERVICE, EVEN IF THOUGHTFUL PINCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THOUGHTFUL PINCH’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND IN NO EVENT WILL THOUGHTFUL PINCH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT OF MONEY YOU HAVE PAID THOUGHTFUL PINCH IN THE LAST SIX (6) MONTHS UP TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, THE PLATFORM, THESE TERMS OF SERVICE, OUR PRIVACY POLICY, OR ANY OTHER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Your Indemnification of Thoughtful Pinch
You shall defend, indemnify and hold harmless Thoughtful Pinch and its officers, directors, members, owners, affiliates and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or in any way relate to your use of the Services or any breach of this Agreement, including but not limited to reasonable costs and attorney’s fees.
General
These Terms of Service and the other agreements referenced herein constitute the entire agreement between you and Thoughtful Pinch and govern your use of the Services, superseding any prior agreements between you and us with respect to the services. You may also be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be, or are otherwise, invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. Notices to you may be made via email or regular mail, and these Terms of Service may be amended or updated by us at any time, for any reason, with or without notice to you.
Governing Law; Venue; Alternative Dispute Resolution
All matters relating to your access or use of the Services, specifically including all disputes, will be governed by the laws of the United States and the State of Minnesota, without regard to its conflict of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Hennepin County, Minnesota, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of the purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Thoughtful Pinch and you arising out of or in connection with your use of the Platform or Services, the parties shall attempt, promptly and in good faith, to resolve such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed one hundred eighty (180) days), then either party may submit such controversy or dispute to mediation venued in Hennepin County, Minnesota. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under Minnesota law.
User Disputes
You understand and acknowledge that you are solely responsible for your interactions with any other user in connection with the services Thoughtful Pinch will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services.
THOUGHTFUL PINCH PRIVACY POLICY
Last updated May 8, 2019
By using the Thoughtful Pinch, LLC (“Thoughtful Pinch”, “we”, “us” or “our”) website (thoughtfulpinch.com) (“Website”) or any other websites, products, services and/or mobile applications owned or operating by Thoughtful Pinch (collectively with the Website the “Platform”), you are agreeing to this Privacy Policy (“Privacy Policy”) and the Thoughtful Pinch Terms of Service (“Terms”) which we may update or amend from time to time as set forth herein. Capitalized words or phrases not defined herein have the meaning ascribed in the Terms.
Description of Users and Acceptance of Privacy Policy
This Privacy Policy applies to users who sign up for access to the Platform and its Services (“Users”), and to visitors who view only public content (“Visitors”). By visiting, using, signing up, or accessing the Platform you acknowledge that you have read, understand, and agree to be legally bound by this Privacy Policy and our Terms of Service. If you do not agree to any of the provisions of this Privacy Policy or any of the Terms of Service, you may not access or use the Platform or Services.
Information We May Collect
You may be asked to provide your personal information anytime you are in contact with Thoughtful Pinch, or the affiliates or subsidiaries of Thoughtful Pinch, or when using Thoughtful Pinch or any other Services or Platform provided by Thoughtful Pinch, or its subsidiaries, affiliates, or partners. Thoughtful Pinch and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy for purposes of providing the Services to you as well as providing customer service, conducting research, and improving the Services For more details on why we collect information and how it is used please see “Use of Information” below. Information may also be combined with other information to provide and improve our products, Services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or Services or respond to any inquiries you may have. By voluntarily providing information, including personal information, you are consenting to our use of it in accordance with this Privacy Policy. If you provide personal information to the Services, you acknowledge and agree that such personal information may be transferred from your current location to the offices and servers of Thoughtful Pinch and the authorized third parties referred to herein and our Terms of Service.
Here are some examples of the types of information Thoughtful Pinch may collect (collectively “Personal Information”):
Personal Data and Identifying Information for registration (e.g. name, email address, location);
The geographical area in which you use your computer or mobile device, as indicated by and IP address or similar identifier;
Payment processing information, including but not limited to account numbers, routing numbers, and other payment methods;
The Thoughtful Pinch products and Services that you use;
Access to information stored on your mobile device, including but not limited to access to your camera, files, photograph and any other digital content stored on you mobile device; and
Any content that you provide or 3rd party data which may be synced with your account.
Some information (which may be deemed personal information in some jurisdictions) may be automatically received and stored as non-identifiable personal information. Such information is collected passively using various technologies and cannot presently be used to specifically identify you. Example of this non-personal information includes the type of internet browser or mobile device you used, any Platform from which you have come to the Services, your operating system location data (which is anonymous), your IP address, cookie ID, pages accessed and clickstream, additional session information and timestamps. We may store such non-personal information ourselves or it may be included in databases owned and maintained by our affiliates, agents, or service providers. The Services may use such non-personal information to assist us in providing effective Services and to collect broad demographic information for aggregate use.
Cookies
When you utilize the Platform or our Services we strive to make that experience as efficient as possible, and our web server may send data collection and tracking tools such as web beacons, pixel tags, embedded links, cookies and other similar tracking techniques to your computer or mobile device. Cookies are small pieces of information which are issued to your computer or mobile device when you visit a Platform or access or use a mobile application, and which store and sometimes track information about your use of the Services and Platform. A number of cookies we use last only for the duration of you web or application session and expire when you close your browser or exit the application. Other cookies may be used to remember you when you return to the Platform and will last longer. Some cookies are set by us, and others by third parties who are delivering Services on our behalf. In all cases in which we use cookies, we will not collect Personal Information unless we obtain your permission.
Most web and mobile device browsers automatically accept cookies. You may change or adjust your settings to prevent this if you wish. Please note, however, that by blocking or deleting cookies you may not be able to take full advantage of the Services. If you have questions about how to change or adjust your settings please direct those inquiries to the maker of your device or service provider.
Use of Information
The information we collect allows us to provide the Services as described in the Terms of Service. We collect information from you so that we can provide the transfers to and from your User Account that you identify, and request using the Site and provide information that you request from us. We may send you newsletters or other communications, and we may contact you regarding Services we provide or that you request. We may provide information to third party service providers, subsidiaries, affiliates, or other partners, that will help us or allow us to process the Services that you request.
These service providers will have access to your personal information in order to provide these Services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the Services. We use demographic information to better understand our customers and improve our products and Services.
We also use personal information to help us create, develop, operate, deliver, and improve our products, Services, content, and advertising, and for loss prevention and anti-fraud purposes.
We may use your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate Services. For example, we may use date of birth to verify the age of account holders to ensure they are of legal age to use the Services we provide.
From time to time, we may use your personal information to send important notices, such as communications about transaction or transfers, and about changes to our terms, conditions, and policies. Because this information is important to your interaction with Thoughtful Pinch, you may not opt out of receiving these communications.
We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Thoughtful Pinch’s products, Services, and customer communications.
We may also share or disclose your personal information with our affiliates and subsidiaries. We may share or disclose your personal information to protect our customers; to maintain the security of our Services; to detect, prevent, or report fraud, criminal activity, or violations of our terms of service/use; to protect the health and safety of our customers or the general public; and to protect our rights and property.
Some Platforms may belong to ad networks that use your browsing history across Platforms to choose which ads to display on their sites; the displayed ads may include advertising for Thoughtful Pinch. Platforms may also offer their own opt-out methods for interest-based advertising.
In addition to the sharing described elsewhere in this Policy, we may share personal information with companies, organizations or individuals outside of the Company in a de-identified format when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information. Sensitive personal information is a particular category of personal information relating to racial or ethnic origins, political or religious beliefs or sexuality.
We will share personal information with third party companies, organizations, or individuals outside of the Company if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to:
Meet any applicable law, regulation, subpoena, legal process, or enforceable governmental request.
Enforce applicable Terms of Service, including investigation of potential violations.
Detect, prevent, or otherwise address fraud, security, or technical issues.
Protect against harm to the rights, property, or safety of Thoughtful Pinch, our users, customers or the public as required or permitted by law.
Use of Other Information
We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it,
We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where Thoughtful Pinch accessed from so that we can better understand customer behavior and improve our products, Services, and advertising.
We may collect information regarding customer activities on our Platform and mobile application Services, and from our other products and Services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our Platform, products, content, and Services are of most interest. Aggregated data is considered nonpersonal information for the purposes of this Privacy Policy.
We may collect and store details of how you use our Services and/or Content, including search queries. This information may be used to improve the relevancy of results provided by our Services. Except in limited instances to ensure quality of our Services over the Internet, such information will not be associated with your IP address.
With your explicit consent, we may collect data about how you use your device, the applications and Platform in order to help our developers improve the apps and Platform.
If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
Disclosure to Third Parties
At times Thoughtful Pinch may make personal information available to strategic partners that work with Thoughtful Pinch to provide products, Services, or Content, or that help Thoughtful Pinch market to customers or Users. Personal information will only be shared by Thoughtful Pinch to provide or improve our products, Services, Content, and advertising; it will not be shared with third parties for their marketing purposes nor will it in any event be sold to any third party.
Thoughtful Pinch shares personal information with companies who provide Services such as information processing, payment processing, delivering products to you, managing and enhancing user data, providing user service, assessing your interest in our products and Services, and conducting User research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever Thoughtful Pinch operates.
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Thoughtful Pinch to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our Terms of Service or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
Thoughtful Pinch is not in the business of selling or renting your information. Your information will only be shared when necessary to provide Services, enforce the Terms of Service, as otherwise required by law, or in cases where you have provided your explicit consent.
Retention of Personal Information
Thoughtful Pinch will keep your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy and Terms of Service unless a longer retention period is required or permitted by law. If your personal information is incorrect or needs updating, please contact Thoughtful Pinch immediately at support@thoughtfulpinch.com and we will be happy to assist.
Protecting Your Information
Your security and the security of your information is important to us. When you enter sensitive information on our Platform, we encrypt the transmission of that information using HTTPS. We and our custodian also use third-party ID verification to ensure our users’ true identities are validated.
We take commercially reasonable technical, administrative, and physical safeguards to protect information from loss, misuse, and unauthorized access, disclosure, alteration or destruction. Unfortunately, however, no security system is impenetrable. We cannot guarantee the security of our databases or the security of the databases of our affiliates or third-parties which we may share information with, nor can guarantee that information stored with us will not be stolen while being transmitted over the internet. Specifically, email sent to us may not be secure, and you should be careful when determining what information, you wish to communicate via email. If you have questions about security on our Platform please contact support@thoughtfulpinch.com.
Third Party Services
Thoughtful Pinch Platforms, products, applications, and Services may contain links to third-party Platforms, products, and Services. Our products and Services may also use or offer products or Services from third parties. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.
Additionally, we may use third-party analytics services (for example, Google Analytics, Mixpanel, Braze, and others) to evaluate your use of the Platform, compile reports on activity, analyze performance metrics, and collect and evaluate other information relating to the Platform and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.
Use of Information by You
As part of the Services, we will provide you with information gathered from your Platform. It is solely your responsibility to make appropriate disclosures to visitors to your Platform about the type of information that may be collected and its use. You are solely responsible for implementing and ensuring your own privacy policy which complies with all federal, state and local laws. Thoughtful Pinch is not responsible for any act or omission by you with regard to such information. Thoughtful Pinch’s liability shall be limited pursuant our Terms of Service and you agree to indemnify, defend, and hold Thoughtful Pinch harmless from and against any and all claims, suits or otherwise relating in any way to your use of information provided to you by Thoughtful Pinch.
Choices and Exclusions
You may visit the Platform without providing any personal information. If you do not provide the required information, however, you will not be able to use certain Services.
This Privacy Policy does not apply to any Personal Data or other information collected by us other than personal information collected through our Services. It does not apply to any unsolicited information you voluntarily provide to us, post, or upload through the Services or through any other means (“Unsolicited Information”). This includes, but is not limited to, information posted to any public areas of the Services or Platform. You agree that Unsolicited Information becomes the intellectual property of Thoughtful Pinch to the fullest extent permitted by applicable law and agree to assign any and all residual rights or interest that you may have in such Unsolicited Information to Thoughtful Pinch. All Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution to the fullest extent permitted by law.
Children
We do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, please do not use the Services and/or submit any personal information through the Services. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal information on any Platform without their permission.
Links to Other Sites
This Privacy Policy applies only to our Services. Our Services contain links to other web sites not operated or controlled by us, to which our Privacy Policy does not apply. The links from the Service do not imply that we have reviewed the third-party sites and we suggest contacting those sites directly for information regarding their respective privacy policies.
Changes
The Services and Platform may change from time to time. As a result, we may be required or deem it necessary or desirable to change this Privacy Policy or our Terms of Service. We therefore reserve the right to update or modify this Privacy Policy or our Terms of Service at any time, and from time to time, and with or without notice to you. Any material change will be preceded by a notice posted on the relevant Services. If you disagree with our revisions to the Privacy Policy you may de-activate your account and discontinue the use of our Services. Please review this Privacy Policy and our Terms of Service periodically, especially before providing and personal information. Your continued use of the Services after any changes or revisions individuate your agreement with such changes or revisions.