General Terms of Service
These General Terms of Service (“General Terms”) are a legal agreement between you (“you,” “your”) and CardTide LLC and its affiliates (“CardTide”, “we”, “our” or “us”) and govern your use of CardTide’s services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”). By using any of the Services, you agree to these General Terms and any policies referenced within (“Policies”), including terms that limit our liability (see Section 17) and require individual arbitration for any potential legal dispute (see Section 20). You also agree to any additional terms specific to Services you use (“Additional Terms”), which become part of your agreement with us (collectively, the “Terms”).
You affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the Services on behalf of a company or legal entity, you represent that you have authority to bind that entity to these Terms.
You should read all of our terms carefully.
Payment Terms: These terms apply to all payments made through the Services.
Point of Sale Terms: These apply when you use CardTide’s Point of Sale Services.
You consent to CardTide’s Privacy Policy, which explains how we collect, use, and protect personal information you provide.
To use our Services, you must open a “CardTide Account.” During registration, we’ll request information, including but not limited to your name, email, and business details. You agree to provide accurate, up-to-date information and are responsible for all activity under your account.
CardTide may update these General Terms at any time by posting updates on our website. Your continued use of the Services confirms your agreement to those changes. We may communicate with you electronically via email, push notification, or through the Services.
You must not use CardTide’s Services for illegal purposes or activities that cause damage or disrupt functionality. Unlawful data collection, reverse engineering, and resale of our Services are prohibited.
CardTide does not guarantee that all Services will function on every mobile device or carrier. Modified or jailbroken devices may not be supported.
You retain ownership of any content you upload or share but grant CardTide a license to use it for business purposes including product improvement and marketing. We reserve the right to remove content that violates our guidelines.
We respect intellectual property rights and comply with valid infringement notifications. Repeat infringers may have accounts suspended or terminated.
We implement security measures to protect your data but cannot guarantee absolute security. You’re responsible for safeguarding login credentials.
By using CardTide, you agree to receive communications including service updates and marketing messages. You can opt out of promotional emails anytime.
You may be billed for Subscription or Pay-as-You-Go Services. By subscribing, you agree to recurring charges and understand that cancellation does not result in retroactive refunds.
We may terminate these General Terms or your CardTide Account at any time, for any reason. We may add, remove, or change features or functionality of the Services. We’ll provide notice when reasonably possible, either through email or the next time you access your account. You may also terminate your account at any time by contacting us directly.
If your CardTide Account is suspended or terminated:
Your license to use the Services ends.
We may delete your account data from our systems.
We are not liable for lost data or unfulfilled transactions post-termination.
The following sections will survive termination: 6, 7, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24.
CardTide grants you a limited, non-exclusive, non-transferable license to use our software and Services, subject to these General Terms. Software updates may be released from time to time and may come with additional terms.
CardTide owns all rights, title, and interest in and to the Services, including trademarks, software, and intellectual property. These Terms do not grant you ownership rights or licenses beyond what is explicitly stated.
You agree to indemnify and hold harmless CardTide, its affiliates, employees, directors, and partners from any claim, damage, or liability arising from:
Your breach of these Terms.
Your use or misuse of the Services.
Any content you provide or upload.
Violation of laws or third-party rights.
CardTide provides the Services “as-is” and makes no warranties, either expressed or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Services will always be secure, error-free, or available.
To the fullest extent allowed by law, CardTide will not be liable for any indirect, incidental, special, or consequential damages arising from:
Your use or inability to use the Services.
Unauthorized access to or loss of data.
Actions by third parties or other users.
Total liability is limited to the greater of:
(a) the amount of fees CardTide earned from your use in the last 3 months, or
(b) $500 USD.
CardTide may offer third-party products or services. We make no warranties on behalf of third parties. Their products are governed by their own warranties and terms.
“Disputes” refers to any disagreement between you and CardTide or its partners regarding any part of the Services or these Terms.
All disputes must be resolved through binding individual arbitration—not through class actions or jury trials. Arbitration will be governed by the American Arbitration Association and take place in your local area (if you’re a consumer) or in Florida, unless both parties agree otherwise. Arbitration decisions are binding and enforceable in court.
These Terms are governed by the laws of the State of Florida, and applicable federal laws of the United States, without regard to conflict of law principles.
You must bring any claims or actions relating to these Terms or your use of the Services within one (1) year of the event that gave rise to the claim.
The Services may include links to third-party websites or integrations. CardTide is not responsible for their content or services. You access them at your own risk and agree to their terms and privacy practices independently.
These General Terms, together with any Additional Terms or referenced policies, constitute the entire agreement between you and CardTide. If any provision is found unenforceable, the rest of the agreement will still apply. CardTide’s failure to enforce a provision is not a waiver of our right to enforce it later.
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