Terms & conditions
thankU End-User License Agreement
The following is the End-User License Agreement (“Agreement”) for the thankU website and thankU mobile phone application. Please read this document carefully before you use the thankU website or thankU mobile phone application (the 'thankU App' or the ‘App’).
By using the thankU website or thankU App you accept this Agreement. If you do not accept the Agreement you must not use the thankU website or thankU mobile phone application.
This Agreement is made between you the customer ("Customer") and Appsanely Ltd trading as thankU, at 15 Bolton Gardens, London SW5 0AL, UK ("thankU"); email: firstname.lastname@example.org;
In this Agreement, unless the context otherwise requires:
"Us", "We" or "thankU" or “thankU” is the provider of a mobile phone application that lets you (the Customer) tip other registered thankU users or to receive tips from other registered thankU users less a transaction processing fee paid to thankU;
"Internet" means the global data network comprising interconnected networks using the TCP/IP ("Transmission Control Protocol/Internet Protocol");
"Law" means any law, statute or regulation, guideline or code of conduct (whether or not having the force of law) in any jurisdiction to which thankU or the Customer is from time to time subject;
"Service" means the service provided by thankU via the thankU App technology platform whereby the Customer may either tip other registered thankU users or receive tips from other registered thankU users less a transaction processing fee paid to thankU;
"Software" means any proprietary software utilised by thankU to enable the Customer to use the Service;
"thankU Transaction Processing Fees" means the fees which thankU adds to the tip amount selected by the person giving a tip, the aggregate of which is charged to that person through their selected payment method;
"Recipient Transaction Processing Fees" means the fees which thankU deducts from the amount selected by the person giving a tip before remitting the net amount to the tip recipient. Recipient Transaction Processing Fees are deducted exclusively in order to compensate thankU for amounts charged by its payment processor Stripe Inc in relation to the payment services provided of which the tip recipient is the exclusive beneficiary;
“Licensed Application” means the use of the Service under a non-exclusive non-transferable licence to use the Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.
thankU reserves the right to amend this Agreement at any time. All amendments to the Agreement will be posted on-line. If you are using the App you will be notified to changes in the Agreement after downloading a new version of the application.
Your continued use of the Service or the thankU website or App means that you have accepted any change in the Agreement.
thankU is the provider of the Service. A tip constitutes a gift, freely given, and thankU acts as agent of the tip recipient in the remittance of the tip gift from the person tipping to the tip recipient.
thankU charges thankU Transaction Processing Fees to the person giving the tip, and Recipient Transaction Processing Fees to the person receiving the tip (together the 'Fees'). Recipient Transaction Processing Fees are deducted exclusively in order to compensate thankU for amounts charged by its payment processor Stripe Inc in relation to the payment services provided of which the tip recipient is the exclusive beneficiary (the 'Stripe Recipient Fees'). If the Stripe Recipient Fees exceed the Recipient Transaction Processing Fees, thankU pays the excess amount which is not then re-charged to the tip recipient. The level of the Fees is as published in the thankU App and associated email communications and as published on the thankU website on the FAQ page. The level of the thankU Transaction Processing Fees are advised to the person tipping prior to payment being taken.
5. CUSTOMER'S OBLIGATIONS
The Customer shall not do anything that affects the integrity or security of the website or App or causes or may cause harm, damage or unreasonable inconvenience to other users of this website or mobile phone application.
The Customer must use the thankU website and App for legitimate legal use only. Any other use shall constitute a breach of this End User License Agreement.
The Customer acknowledges that the Customer will be required to fully and accurately complete a registration process, which will include amongst other things the creation of a password, in order to have access to the thankU mobile phone application.
The Customer acknowledges that the purpose of the thankU Service is to connect members of the public who wish to tip other registered thankU users or to receive tips from other registered thankU users less a transaction processing fee paid to thankU . It is a condition of use of this Service that the Customer provides thankU with correct Customer contact details, including an email address that is valid and accessible to the Customer.
It is the Customer’s responsibility to ensure that they are using the latest version of the thankU App and/or web browsers in order to avail themselves of the latest security standards and functionality enhancements.
The Customer warrants that all information provided on registration and during the course of this Agreement is true, complete and accurate and that the Customer shall promptly inform thankU of any changes to such information by logging into the App or website and providing the relevant updates.
Any password allocated to or created by the Customer to enable the Customer to use the Services shall be kept confidential by the Customer and the Customer shall immediately change their password if they have reason to believe that an unauthorised third party has become aware of that password.
The Customer shall take reasonable steps to prevent unauthorised access to their account via any computer or mobile device the Customer uses to access their account.
The Customer warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
The Customer acknowledges and agree that Apple and Google, and Apple and Google’s subsidiaries respectively, are third party beneficiaries of this End User License Agreement (EULA), and that, upon the Customer’s acceptance of the terms and conditions of the End User License Agreement Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce the EULA against the Customer as a third party beneficiary thereof.
The Customer acknowledges that the EULA is concluded between thankU and the Customer only, and not with Apple and/or Google, and that thankU , not Apple or Google, are solely responsible for the thankU Licensed Application and the content thereof.
6. THANKU RESPONSIBILITIES
thankU is solely responsible for the maintenance and support services with respect to the website and mobile phone application.
thankU will use reasonable endeavours to provide the Service. thankU is entitled to rely on technology infrastructure provided to thankU Apple, Google, and others in providing the Service.
thankU will use reasonable endeavours to notify Customers of relevant security and functionality enhancements to the thankU mobile phone application.
thankU is solely responsible for any product warranties to the extent not effectively disclaimed under Section 7. Should the mobile application not conform to any applicable warranty you may notify Apple or Google, and Apple or Google respectively will refund the purchase price, if any, for the thankU App to you. To the maximum extent permitted by applicable law, neither Apple nor Google will have any other warranty obligation whatsoever with respect to the thankU application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be thankU's sole responsibility.
thankU is solely responsible for the investigation, settlement and discharge of any third party intellectual property infringement claim.
thankU acknowledges and agree that Apple and Google, and Apple and Google’s subsidiaries respectively, are third party beneficiaries of this EULA, and that Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce the EULA against the Customer as a third party beneficiary thereof.
thankU acknowledges that the EULA is concluded between thankU and the Customer only, and not with Apple or Google, and that thankU , not Apple or Google, are solely responsible for the thankU Licensed Application and the content thereof.
7. CANCELLATIONS, REFUNDS & COMPLAINTS
Cancellation & Refunds
You may cancel at any time a tip until payment has been confirmed through the payment method selected on your account (e.g. Apple Pay, PayPal or credit card). If a payment has been made:
A payment transaction through the App is de facto completed at the time of payment since the giving of a tip through the App are voluntary monetary offerings for a service or a physical item or to show appreciation.
A user may cancel a transaction within 5 minutes of its taking place, which is when you authorise payment. To cancel a transaction, go to your user Account page in the thankU app, select 'Transaction Details', select your most recent transaction from the list and on the Transaction Detail screen which appears, click 'Cancel Transaction'.
Upon cancellation, we will process your refund within 7 working days.
Please be aware that your cancellation of the transaction will immediately be notified to the recipient.
If more than 5 minutes has elapsed since the transaction was completed, you may still dispute the transaction if you believe you have a legitimate reason for doing so. To dispute a transaction, simply click 'Dispute' which will have replaced 'Cancel Transaction' in the Transaction Detail screen as referred above.
Please be aware that your location activity is logged by the app in and around the time of the transaction, and we use this data to assess and may apply an algorithm to automate the assessment of the authenticity or otherwise of any disputed transaction or claim for refund, although a cancellation will be refunded in any event so long as it is applied for within 5 minutes, as referred above.
Any users who continually cancel transactions, without good reason, and/or who undertake or engage in antisocial or apparently dishonest behavior in and/or through the App may be banned from further usage of the App, on a temporary or permanent basis, in our sole discretion.
Complaints Procedure - what to do if you have a complaint against thankU?
thankU aims to provide a high level service to all our customers but occasionally things can go wrong. When this happens we will do what we can to put things right and assist you.
If you have a complaint about our service, please contact us through the ‘Contact Us’ sections on the website and/or through the App.
Please include your name and address, a contact telephone number, your email address and details of why you are unhappy. This will help us to respond to you as quickly as possible. If we do not have enough information to investigate your complaint we will try and contact you to ask for further details.
If we are unable to resolve your complaint by the close of business the next working day, we will send a written acknowledgement of your complaint to you within 5 working days of its receipt. In our acknowledgement we will advise you of the name and job title of the person who will be dealing with your complaint.
If after contacting us you are not satisfied please write to our Customer Relations Manager at the address shown below.
Please address your letter to:
Customer Relations Manager
15 Bolton Gardens
London, SW5 0AL
For the purposes of handling complaints our working day is 9am to 5pm Monday to Friday, excluding Bank Holidays.
By the end of eight weeks after receipt of your original complaint letter we will send you a final response or a letter explaining why we are still not in a position to issue a final response and advising you of when we expect to be able to do so.
8. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the thankU website or mobile phone application, information and content on the thankU website or mobile phone application, any database operated by thankU and Software shall remain the property of thankU and the Customer shall not obtain, and shall not attempt to obtain any title to any such intellectual property rights.
No part of the Service may be reproduced in any form or used in any other way except in accordance with these terms and conditions.
thankU and the thankU logo are trademarks of Appsanely Ltd. You must not use these or any other registered or unregistered trade marks on the Service without the prior written permission of thankU.
thankU grants the Customer a non-exclusive non-transferable licence to use the Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.
thankU shall be entitled to suspend the Services and/or terminate this Agreement if:
(i) the Customer commits a breach which in thankU's reasonable opinion is serious enough to merit immediate termination; or
(ii) the Customer commits any breach of these terms and in the case of a breach which is capable of remedy, fails to remedy the same within 7 days after receipt of a notice giving particulars of the breach requiring it to be remedied; or
(iii) thankU suspects on reasonable grounds that the Customer may have committed or be committing any fraud against thankU or any Supplier.
The right to terminate this Agreement shall not prejudice any other right or remedy of thankU in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
10. CUSTOMER BREACH
The Customer shall compensate thankU in full for each loss, liability or cost incurred by thankU arising out of:
(i) any claims or legal proceedings arising from the Customer's use of the Services or use of the Services through the Customer's password which are brought or threatened against thankU by any other person; or
(ii) any breach of this Agreement by the Customer.
These terms shall not prejudice any other right or remedy of thankU in respect of any breach or any rights, obligations or liabilities accrued prior to termination. thankU reserves the right to take action as appropriate, including denying Customer access to this website or mobile phone application, bringing legal proceedings against Customer and disclosing such information to appropriate legal and/or regulatory bodies.
11. LIMITATION OF LIABILITY
Nothing in these terms and conditions limits or excludes the liability of thankU for death or personal injury caused by thankU's negligence or any other liability which may not be limited or excluded under applicable law.
thankU will use its reasonable endeavours to ensure that information provided to it by other users of the Service is accurate but thankU does not guarantee the accuracy, completeness, legality or suitability for the Customer's needs of any information which is provided to the Customer by any other users of the Service and/or is accessed or obtained by the Customer via the thankU website or mobile phone application, the thankU call centre or otherwise through using the Service.
You agree that thankU will not be liable for any loss, claim or damage (whether direct or indirect) which arises out of or is in any way connected with:
(i) any use of the Service, the thankU website or its contents;
(ii) any failure or delay in any component of the thankU website, the mobile phone application, the provision of the Service or the provision by any Supplier of its goods, products or services to the Customer;
(iii) any use of or reliance upon any information, material, software, products or services obtained through the thankU website, the thankU call centre or otherwise through using the Service (including, without limitation, any information, material, software, products or services of any Suppliers); or
(iv) any transaction or agreement between the Customer and any Supplier or any attempt to enter into a transaction or an agreement with any Supplier, in all cases even if thankU has been forewarned of the possibility of such loss or damage.
12. DATA PROTECTION
13. NO PARTNERSHIP / AGENCY
Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between the Customer and thankU and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. thankU shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity.
15. FORCE MAJEURE
thankU shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including without limitation by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
16. ENTIRE AGREEMENT AND NO WAIVER
This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written.
No waiver by thankU of any future defaults, whether of a like or different character, no granting of time or other forbearance or indulgence by thankU to the Customer shall in any way release, discharge or otherwise affect the liability of the Customer under this Agreement.
17. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.