Last updated May 8, 2019
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.
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
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.
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 email@example.com.
Your Use of the Platform and Services
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.
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.
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.
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 firstname.lastname@example.org. Thoughtful Pinch is not responsible for resolving issues and errors relating to transactions and account balances.
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.
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.
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 email@example.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.
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.
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.
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.