Terms of Service

3.1 Account Creation: You must provide accurate and complete information when creating an account.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials.

3.3 Account Responsibility: You are responsible for all activities that occur under your account.

4.1 Testing Period: During the beta phase, the Service is provided "as is" for testing purposes.

4.2 No Warranty: We make no guarantees about uptime, data retention, or feature availability during beta testing.

4.3 Data Backup: While we strive to maintain your data securely, we recommend keeping your own backups of critical information during the beta period.

4.4 Feedback: By using the beta Service, you agree that we may collect feedback and usage data to improve the platform.

5.1 Calculation Tool Only: TipTide provides tip pooling calculations, distribution suggestions, and record-keeping features. It is not a payment processor, payroll system, or financial institution. xTide does not hold, transfer, or distribute funds on your behalf.

5.2 Data Entry Responsibility: The accuracy of all tip calculations depends entirely on the data entered by the employer or authorized manager. This includes, but is not limited to, gratuity amounts, staff hours, shift assignments, and distribution template configurations. The employer is solely responsible for ensuring all input data is accurate before finalizing any shift or pool.

5.3 Verification Before Distribution: The employer or authorized manager must independently verify all calculated tip amounts before distributing tips to staff. xTide strongly recommends reviewing the breakdown of each finalized shift before making payments.

5.4 No Guarantee of Accuracy: While xTide strives to provide accurate calculations, the Service may contain software defects, calculation errors, or rounding discrepancies. xTide does not guarantee the accuracy, completeness, or reliability of any tip calculations or reports generated by the Service.

5.5 No Liability for Distribution Errors: xTide shall not be liable for any over-payments, under-payments, or mis-distribution of tips resulting from: (a) incorrect data entry by the user, (b) software defects or calculation errors, (c) failure to verify calculations before distribution, or (d) any other cause. The employer assumes all risk and responsibility for tip distribution decisions.

5.6 Record-Keeping: While TipTide maintains records of finalized shifts and tip distributions, the employer is responsible for maintaining their own independent records for compliance with applicable labor and tax laws.

5.1 Trial Duration: New accounts receive a 90-day free trial with full access to all features.

5.2 Trial Limitations: We reserve the right to modify trial duration or features at any time.

5.3 Post-Trial: After the trial period, continued access requires an active paid subscription.

8.1 Our Property: xTide, including all content, features, and functionality, is owned by us and protected by copyright and other intellectual property laws.

8.2 Your Data: You retain all rights to the data you input into the Service. We do not claim ownership of your business data.

8.3 License Grant: We grant you a limited, non-exclusive, non-transferable license to use the Service for your business purposes.

9.1 By You: You may terminate your account at any time by contacting us at support@xtide.io.

9.2 By Us: We reserve the right to suspend or terminate accounts that violate these terms or for any other reason with reasonable notice.

9.3 Effect of Termination: Upon termination, your access to the Service will cease, and we may delete your data after a reasonable retention period.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted or error-free
• Defects will be corrected
• The Service is free of viruses or harmful components
• Results obtained from the Service will be accurate or reliable

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

12.1 Financial Cap: IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM.

12.2 Tip Distribution: WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY FINANCIAL LOSSES, OVER-PAYMENTS, UNDER-PAYMENTS, OR MIS-DISTRIBUTIONS OF TIPS OR GRATUITIES RESULTING FROM THE USE OF TIPTIDE OR ANY OTHER FEATURE OF THE SERVICE, WHETHER CAUSED BY SOFTWARE DEFECTS, CALCULATION ERRORS, DATA ENTRY ERRORS, OR ANY OTHER CAUSE.

12.3 Employer Responsibility: THE EMPLOYER OR AUTHORIZED MANAGER BEARS SOLE RESPONSIBILITY FOR VERIFYING ALL TIP CALCULATIONS AND DISTRIBUTIONS BEFORE MAKING PAYMENTS TO STAFF. USE OF THE SERVICE DOES NOT RELIEVE THE EMPLOYER OF THEIR LEGAL OBLIGATIONS REGARDING TIP AND GRATUITY DISTRIBUTION UNDER APPLICABLE LAW.