‍Welcome to Tiptoe! These Terms of Use ("Terms") govern your access to and use of the Tiptoe anonymous feedback application, websites, services, and associated software (collectively, the "Service") provided by Tiptoe LLC ("Tiptoe," "we," "us," or "our").By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy (available at www.tiptoe.fyi/privacy-policy), which is incorporated by reference into these Terms. If you do not agree to these Terms, do not use the Service.If you are using the Service on behalf of an organization or entity ("Company"), you represent and warrant that you have the authority to bind that Company to these Terms, and in that case, "you" and "your" will refer to that Company, as well as to you as an individual user.1. The Service Tiptoe provides a platform designed to enable individuals ("Members") within a Company to submit feedback regarding their workplace, teams, or other organizational aspects. This feedback is intended to be presented to designated company administrators or managers ("Managers") in a manner that does not directly reveal the Member's identity to the Manager within the application. Managers can use the Service to view feedback, manage their Company's account, configure teams, invite users, and manage subscriptions.2. Eligibility and Account RegistrationEligibility: You must be at least 16 years of age (or the age of legal majority in your jurisdiction if different) to use the Service. If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to these Terms.Account Creation: You must create an account to access most features of the Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.Account Security: You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not you have authorized such activities or actions. You agree to notify Tiptoe immediately of any unauthorized use of your account. Tiptoe is not liable for any loss or damage arising from your failure to comply with these security obligations.Roles:Members: Users invited to provide feedback within a Company.Managers: Users with administrative privileges for a Company, including inviting Members, managing teams, viewing feedback reports, and managing Company subscriptions.3. Privacy Our collection and use of personal information in connection with your access to and use of the Service is described in our Privacy Policy, available at www.tiptoe.fyi/privacy-policy. By using the Service, you consent to such collection and use and agree to be bound by our Privacy Policy.4. Use of the Service4.1. License to Use the Service Subject to your compliance with these Terms, Tiptoe grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Service solely for its intended purposes as an anonymous feedback tool on any Apple-branded Products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (the "Usage Rules").4.2. Member Responsibilities You agree to provide honest and constructive feedback. While the Service is designed to present feedback to Managers without revealing your direct identity, you understand that if you include personally identifiable information within the content of your feedback, your anonymity may be compromised. Tiptoe is not responsible if you voluntarily disclose identifying information in your feedback submissions. You are responsible for the content of the feedback you submit.4.3. Manager Responsibilities You are responsible for managing your Company's account, including inviting users (Members and other Managers) and ensuring their use of the Service complies with these Terms and applicable laws. You will not attempt to de-anonymize Members or misuse the feedback received. You are responsible for ensuring that your Company's use of the Service, including the collection and review of feedback, complies with all applicable employment laws, data privacy laws, and internal company policies. You acknowledge that feedback provided by Members reflects their subjective opinions and Tiptoe does not verify the accuracy or truthfulness of such feedback.5. Acceptable Use and Prohibited Conduct You agree not to (and not to allow any third party to):Use the Service for any illegal purpose or in violation of any local, state, national, or international law.Violate or encourage others to violate the rights of third parties, including intellectual property rights.Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate.Interfere with the operation of the Service or any user's enjoyment of the Service, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.Attempt to de-anonymize or trace feedback back to a specific Member, other than as explicitly permitted for Tiptoe administrators for moderation or security purposes as outlined in the Privacy Policy.Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users.Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any portion of the Service.Interfere with or circumvent any security features of the Service.Use the Service to collect or store personal data about other users in violation of our Privacy Policy or applicable law.Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.Access or attempt to access any part of the Service that you are not authorized to access.We reserve the right to investigate and take appropriate action (including terminating your account and/or reporting you to law enforcement authorities) if we believe you have violated these Terms.6. User Content (Feedback)Your Content: Members retain ownership of the intellectual property rights in the feedback content they submit ("User Content").License to Tiptoe: By submitting User Content through the Service, you grant Tiptoe a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify (e.g., for formatting purposes), display, distribute, and prepare derivative works of your User Content as necessary for us to provide, maintain, and improve the Service, and as described in our Privacy Policy. This license includes the right for Tiptoe to make your User Content available to the designated Manager(s) of your Company in accordance with the Service's functionality (i.e., without revealing your Submitter UID to them within the application).Responsibility for User Content: You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you have all necessary rights to grant the licenses granted herein to Tiptoe for your User Content.Moderation: Tiptoe does not generally screen or monitor User Content but reserves the right (but not the obligation) to review, refuse, remove, or disable access to any User Content that we believe, in our sole discretion, violates these Terms or is otherwise harmful or objectionable. Tiptoe administrators may access User Content, including Submitter UIDs, for moderation purposes as outlined in our Privacy Policy.7. Subscription Terms (For Managers)Subscription Plans: Certain features of the Service may require a paid subscription ("Subscription"). Subscription plans, features, and pricing are described on our website or within the Service.Billing and Payment: Tiptoe uses Stripe, Inc. ("Stripe") as a third-party payment processor for Subscriptions. By choosing a paid Subscription, you agree to provide Stripe with accurate and complete payment information and authorize Stripe to charge your payment method for the Subscription fees, including any applicable taxes. Your payment to Stripe is subject to Stripe's terms and privacy policy. Tiptoe does not store your full payment card details.Renewals: Subscriptions may automatically renew for successive periods unless you cancel your Subscription before the end of the current billing period. You will be charged the then-current Subscription fee.Cancellations: You may cancel your Subscription at any time through your account settings or by contacting us. Cancellation will be effective at the end of the current billing period, and you will retain access to the paid features until then. No refunds or credits will be provided for partial subscription periods, unless otherwise required by applicable law.Fee Changes: We reserve the right to change our Subscription fees. We will provide you with reasonable prior notice of any fee changes. Your continued use of the Service after a fee change constitutes your agreement to pay the modified fee.Free Tiers/Trials: We may offer free tier accounts or trial periods. Specific limitations (e.g., on the number of users, teams, or feedback volume) may apply to free tiers or trials, as described by Tiptoe. We reserve the right to modify or terminate free tiers or trials at any time.8. Intellectual Property The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Tiptoe LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.These Terms permit you to use the Service for your personal, non-commercial use (if you are a Member) or your Company's internal business use (if you are a Manager) only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.You may store files that are automatically cached by your Web browser for display enhancement purposes.Tiptoe, the Tiptoe logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Tiptoe LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Tiptoe LLC.9. TerminationTermination by You: You may terminate your account and these Terms at any time by using the account deletion feature within the Service or by contacting us. Please refer to our Privacy Policy for information on data deletion upon account termination.Termination by Tiptoe: We may, in our sole discretion, suspend or terminate your access to and use of the Service, with or without cause or notice, including if we believe that you have violated these Terms or applicable law, or for any other reason.Effect of Termination: Upon termination of your account: (a) your right to use the Service will immediately cease; (b) we may delete information and data associated with your account as described in our Privacy Policy (including deletion of Company data if a Manager's account is terminated). Sections of these Terms that by their nature should survive termination will survive (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability).10. Disclaimers THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.TIPTOE DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY FEEDBACK PROVIDED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.REGARDING ANONYMITY: WHILE TIPTOE IMPLEMENTS MEASURES DESIGNED TO PROTECT THE IDENTITY OF MEMBERS SUBMITTING FEEDBACK FROM BEING VISIBLE TO THEIR COMPANY'S MANAGERS WITHIN THE APPLICATION, WE CANNOT AND DO NOT GUARANTEE ABSOLUTE ANONYMITY. MEMBERS WHO INCLUDE PERSONALLY IDENTIFIABLE INFORMATION IN THE CONTENT OF THEIR FEEDBACK MAY COMPROMISE THEIR OWN ANONYMITY. FURTHERMORE, TIPTOE ADMINISTRATORS MAY ACCESS SUBMITTER IDENTIFIERS FOR MODERATION AND SECURITY PURPOSES AS DESCRIBED IN OUR PRIVACY POLICY.11. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TIPTOE LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TIPTOE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF TIPTOE LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO TIPTOE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.12. Indemnification You agree to defend, indemnify, and hold harmless Tiptoe LLC and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right or privacy right; or (d) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.13. Governing Law and Dispute ResolutionGoverning Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.Dispute Resolution:Informal Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Tiptoe, you agree to try to resolve the dispute informally by contacting help@tiptoe.fyi. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Tiptoe may bring a formal proceeding.Arbitration: You and Tiptoe agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in San Diego, CA, or any other location we agree to.Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Tiptoe will pay all arbitration fees for claims less than $75,000 if you are an individual, unless the arbitrator finds your claim frivolous.Exceptions to Agreement to Arbitrate: Either you or Tiptoe may assert claims, if they qualify, in small claims court in San Diego, CA or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.14. Apple-Specific Terms The following terms are applicable to you when using the Service on an Apple-branded product.Acknowledgement: You and Tiptoe acknowledge that these Terms are concluded between Tiptoe and you only, and not with Apple Inc. ("Apple"), and Tiptoe, not Apple, is solely responsible for the Service and the content thereof.Maintenance and Support: You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.Warranty: In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Tiptoe’s sole responsibility.Product Claims: You and Tiptoe acknowledge that Tiptoe, not Apple, is responsible for addressing any claims of you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.Intellectual Property Rights: You and Tiptoe acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Tiptoe, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.Legal Compliance: You represent and warrant that (i) you are 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) you are not listed on any U.S. Government list of prohibited or restricted parties.Third Party Beneficiary: You and Tiptoe acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.15. Changes to These Terms We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. We may provide notice by posting the updated Terms on our website, sending you an email, or through other appropriate communication channels.By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.16. General TermsEntire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and Tiptoe regarding your use of the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Tiptoe.Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by Tiptoe.Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tiptoe without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.Notices: Any notices or other communications provided by Tiptoe under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.Headings: Headings are for convenience only and shall not be used to limit or construe any provisions of these Terms.Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Service.17. Contact Information If you have any questions about these Terms, please contact us at: Tiptoe LLC
help@tiptoe.fyi
Address available upon request for formal notices