Privacy Policy

This Privacy Policy is part of the End User License Agreement (“EULA”) governing use of the “Split” mobile application (the “App”) and the website www.payandsplit.com (the “Website”), both provided by Ampersand Group, Inc., a Delaware corporation d/b/a “Split” (“Split”, “we” or “us”).  You must be at least eighteen (18) years old to use the App or Website.  We desire to protect any personal information you choose to provide us as described in this Privacy Policy, the terms of which you accept by downloading the App or accessing the Website.

 

 

Information We Collect

 

Registration, Payment and Personal Information.  The App requires you to enter information including your name, phone number, e-mail address, passwords and security question responses etc., and payment information such as your credit card number, expiration date and billing address (“Payment Information”) to settle or close (“Pay”) checks, tabs or other bills (each, a “Bill”) at third-party restaurants, bars, etc. (each, a “Venue”).  Should you create an account with us via a social media account, we may obtain the name, user name, profile picture, e-mail address, and other disclosed demographics associated with that account.  Additionally, when requesting and performing various activities on the App or our Website, you may provide us personal information that will facilitate our effective response to those requests, including items such as dietary information, food allergies and preferences (along with preceding items in this paragraph, “Personal Information”).

 

Technical Information.  When you access the Website or App, they may record information transmitted, including access times, Internet Protocol (IP) addresses and browser used.  We may also use "cookies" or "web beacons" (certain small data files stored on your computer that collect information about visits and usage, retain user preferences and account settings, and may improve the personalization and efficiency of your recurring experience with our services).  If you set your browser to not accept cookies, your experience of the Website might accordingly be different and less efficient.  We may also obtain technical information from your device, including your unique device identifiers, hardware model, operating system and version, mobile network information, and information about the device's interaction with our services.  We may also identify other software running on the device for anti-fraud and malware-prevention purposes, but will not collect any content from it.  The “Technical Information” described in this paragraph is non-demographic and is not, in and of itself, personally identifiable.  We therefore consider it Blind Data, as that term is defined below.  We may use this Technical Information to, for example, improve users’ Website experience or block users who violate this Privacy Policy or the EULA.

 

Location-Based Information.  When you use the App, we will collect location-based data (“LBI”) from you, such as identifying locations where you activate the App, check into a Venue, or make a Split transaction.  We may use LBI to provide you listings of nearby Venues, targeted coupons, special offers, etc.  Certain App functions may be dependent on LBI, and your withholding of LBI may prevent or materially limit the App's functionality.  You are able to discontinue providing LBI.  If you initially consent to our collection of LBI, you can subsequently stop it at any time by changing the preferences on your mobile device or following the standard uninstall process to remove the App from your device.

 

Transaction Data.  We may collect information related to your use of the App, including Venues you patronize and Bills enabled by the App, including item descriptions, price, tax and tip amounts  (“Transaction Data”).  Transaction Data may include information about the other users with whom you go to Venues or use the App.

 

 

Use of Information

 

Permitted Uses.  Personal Information, Technical Information, LBI and Transaction Data are collectively referred to as “Information.”  We only collect and process Information submitted to us through the App or to the Website for the purposes described in this Privacy Policy or the EULA, including:  identity verification; fraud and abuse prevention; performing functions to pay Bills, provide receipts, etc.; advertising; delivering marketing communications from Venues and other third parties; promotions, rewards or contests; loyalty program administration; research, analysis of usage, and development of new services or content; improvement of the services offered; feedback surveys; provision of technical notices, security alerts, and support and administrative messages; our internal business purposes; and to protect our rights, your rights and the rights of other users.  Information includes data we collect through the App and Website, even if you have not signed up for a Split account or downloaded one of our applications.

 

Blind Data.  We may use compiled and analyzed Information to monitor and improve the App, including the generation of non-personally identifiable, non-demographic aggregated information and usage statistics (“Blind Data”).  You hereby grant to us a non-exclusive, transferable, sublicensable, royalty-free license to use Information we collect from you to generate Blind Data.  If we collect or generate Blind Data, it will be owned by us and we may use it for any lawful business purpose without further consideration.

 

Information Sharing.

 

  1. Unless we have your consent or as stated in this Privacy Policy, we do not share any of your Information.
  2. We may share Information with Venues, including certain Personal Information, LBI and Transaction Data (but excluding Payment Information), to improve their products and services, and to provide in-App offers and discounts.
  3. We may share certain of your Personal Information, LBI, and Transaction Data (excluding Payment Information) with third-party food and beverage brands offering products and services at Venues (“Brands”) that provide you targeted offers and discounts.
  4. If you Pay a Bill via the App, the App will automatically transmit your encrypted Payment Information to the Venue’s payment processor or point-of-sale system vendor (the “Payment Vendor”).  In the course of payment, this information is likely to be provided to financial institutions, processors, payment card associations, and other entities that are part of the payment or transfer process.  Processing may involve evaluation of card suspension or cancellation, and payment and balance data.  We will not access, decrypt or store your Payment Information during these transmissions.
  5. We may also provide Information to our agents, technology vendors and contractors on a “need-to-know” basis for the purpose of providing the App.  They are required to keep the Information confidential, and may not use it for any purpose other than to perform services for us or as otherwise required by law.
  6. We may submit any information we have regarding an alleged violation of law involving the App or Website to law enforcement, or to other governmental or regulatory entities (including pursuant to a subpoena, court order, or other legal process; or upon reasonable belief that a violation of applicable law has occurred).  We may also submit such information as is required to establish our legal rights or defend against legal claims.
  7. We may assign and transfer the Information to a third-party successor-in-interest in connection with, or in negotiation of:  a merger, acquisition, sale of substantially all our assets or stock, or similar change-in-control transaction; a financing event; or a bankruptcy or dissolution proceeding.
  8. Should you obtain Information of another user of the App or Website, you are expressly forbidden from sharing such Information unless you have express written consent from that user.

Information Security

 

We use commercially reasonable efforts to protect Information via maintenance of standard physical, electronic, and procedural safeguards.  Despite our actions and precautions, no Internet data transmissions are completely secure, and they are subject to theft, fraud, destruction, alteration, disclosure, unauthorized access and other misuse.  Some potential features you use, such as messaging and e-mail, inherently share Information that can be collected and used by others.

 

The security of your Split account depends on you performing your responsibility to control access to your devices and applications, including maintaining physical possession of your device, and keeping your passwords and PINs confidential and not sharing them with anyone.  It is also your responsibility to alert us if you believe the security of information in the Website or App has been compromised.

 

You agree that there is risk involved in your transmission of Information to us, some of which is unavoidable and may be (a) incurred via occurrences out of our control, or (b) inherent in all like Internet transmissions.  To the greatest extent permissible under applicable law, we are not responsible for the security or privacy of any Information you choose to submit to us.

 

 

Third-Party Websites and Technologies.

 

We are not responsible for the privacy and data security practices, or the content or services, of third-party websites and services, including those to which you may elect to link from our systems.  You must review the privacy policies and terms of use of these other websites to understand their business practices.  We may employ third-party technologies (such as Google Analytics) that are governed by their own privacy and data security practices.  This Privacy Policy does not cover the information practices of third parties who may collect your information, nor do we assume any liability for them.  If you have an issue with a third party, including any Payment Vendor, you must contact that third party directly.

 

Retention  and Disposal of Personal Information.

 

We retain Information to provide, maintain, and augment our services, and to comply with legal requirements and standard business practices.  We retain Information for as long as (a) we have a business need, or (b) applicable laws, regulations, or government orders require.  When we dispose of Information, we use reasonable procedures to erase or render it unreadable (for example, shredding documents and wiping electronic media).  We may retain Blind Data for so long as it is relevant to our business model, in our discretion.

 

 

General Provisions

 

Privacy of Children.

 

We do not knowingly collect Personal Information from children under the age of 13.  If we learn that we have inadvertently done so, we will take commercially reasonable steps to delete that Personal Information.  If you fail to secure your device and credentials, your Split account could be used by minors without your or our knowledge.  Any Personal Information collected as a result of such usage will be associated with the subject adult accountholder, and will be treated accordingly under this Privacy Policy.

 

 

Enforcement.

 

If you violate our Privacy Policy or other terms of use, we may prevent you from using the App and Website.  If you believe another person has committed such a violation, contact us via the customer care contact information we provide on the Website.

 

International Transfers.

 

Information collected through the App may be stored and processed in the United States or any other country in which we, or our affiliates, subsidiaries, agents or contractors, maintain facilities.  By using the App or Website, you consent to any such foreign transmission.

 

Updating Your Information.

 

You may update or correct Information about yourself by logging into your Split account at any time or by emailing us at terms@payandsplit.com. You may also email us if you wish to deactivate your account. We may retain archived copies of information about you and your transactions for a period of time that is consistent with applicable law.

 

Changes to this Privacy Policy.

 

This Privacy Policy will change from time to time to maintain compliance with applicable law and regulations.  We reserve the right to modify this Privacy Policy at any time in our sole discretion by posting the most recent version (which shall supersede any other version) within the App and on the Website.  Your continued use of the Website or App following posting of these changes constitutes acceptance of the terms as they exist at the time of your usage.

 

 

Ampersand Group, Inc. maintains a Chief Privacy Officer, who may be reached at terms@payandsplit.com.

 

Mobile App Terms and Conditions of Use

 

Background.  Along with our Privacy Policy, this End User License Agreement (this “Agreement”) contains the legally binding terms between Ampersand Group, Inc. d/b/a “Split” ("Split," “us,” or “we”), and you, that govern your use of the Split mobile payment application (the “App”) and our website, www.payandsplit.com (the “Website”).

 

By clicking registering with this App, you agree that you have reviewed and understood this Agreement, and to be bound by it.  You also must agree to our Privacy Policy, which describes and gives you choices concerning our data collection, transmission and use.  For your records, we will e-mail you copies of this Agreement and the Privacy Policy when you initially accept them, and you may review and request copies of them, as updated, at any time.

 

YOU ARE ONLY AUTHORIZED TO USE THE APP IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND THIS AGREEMENT.  PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT.  IF YOU DO NOT AGREE WITH IT, YOU SHOULD NOT INSTALL THE APP OR SHOULD DISCONTINUE USE IMMEDIATELY.

 

Representations About You.  You represent and warrant that you are:  (i) at least 18 years old; (ii) not in a country subject to United States trade sanctions; and (iii) providing us only information that is, and will be updated to remain, current, accurate, and complete.  If you are an employee or agent of a business entity entering into transactions on behalf of that entity, you represent and warrant that, as that entity’s designated signatory, you are authorized to bind that entity to this Agreement and all transactions effected via our services.

 

License Grant.  Subject to this Agreement, Split grants you a limited, non-exclusive and non-transferable license to access the Website, and to download, install, access and use the App on mobile devices that you personally control, solely for use within the United States for your private, non-commercial use.

 

License Restrictions.  Your usage rights extend only so far as necessary for you to make authorized use of the App's functionality in compliance with applicable law.  Except as expressly permitted by this Agreement, you may not, with respect to either the Website or the App:

 

  1. copy, modify, translate, adapt, or otherwise create derivative works or improvements;
  2. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to source code;
  3. access any content using any robot, spider, scraper, or other automated means or similarly functioning manual process;
  4. bypass or circumvent measures we may use to prevent or limit access, or to maintain data security;
  5. send altered, deceptive or false source-identifying information;
  6. intercept, collect or store personal information about other users;
  7. engage in excessively high-volume data transfers or bandwidth use, including hosting any server via our equipment;
  8. spam other users, plant a virus, or employ other malicious techniques or take other actions that may affect operations or enjoyment;
  9. remove, delete, alter or obscure any notice of copyright, trademark, patent, logo, design, or other intellectual property or proprietary rights;
  10. sell, sublicense, assign, distribute, publish, transfer, or otherwise make any of our materials available to any third party for any reason, including making them available on a network not associated with us; or
  11. violate any applicable law, including without limitation those concerning failure to pay, fraudulent payment, and the sale of alcoholic beverages.

 

Reservation of Rights and Intellectual Property.  The App is being licensed, not sold, to you.  We, and our licensors and service providers, as applicable, reserve all rights, title and interest in the App not expressly granted to you, and specifically do not grant you any ownership interest.  Without limitation, we retain all copyright, trademark, and other intellectual property rights in the Website and App not expressly granted to you by this Agreement.  All third-party marks, including the names and logos of service providers, card issuers, payment processors, and Venues are the property of their respective owners.

 

Third-Party Venues.  The App enables you to make purchases, and to settle, pay for or close (“Pay”) a check, bill, tab, or other owed payment (in any case, a “Bill”) from third-party venues such as restaurants or bars (each, a “Venue”).  The parties to all Bills are you and the respective Venue, and we incur none of your personal obligation for them.  We are not responsible for examining or evaluating the qualities of any Venue's products or services, and have no liability or responsibility to you concerning your experience there.  Should you dispute any charge related to your use of the App to pay for a Bill in a Venue, any charge-back will be the financial responsibility of that Venue and we will have no liability for it.  Any Venue retains the right to:  (a) settle payment should you fail to properly Pay your Bill, or if the App or any third-party payment processor does not properly execute such payment; and (b) have you authorize payment by conventional means other than the App.

 

Payment Vendors.  We are a technology provider, and not a bank, credit union, payment processor or other financial institution.  Bills are processed via a Venue’s payment processor or point-of-sale system (each a “Payment Vendor”).  Apart from this Agreement, Bills may also be subject to the terms and conditions of the applicable Payment Vendor, including service fees and charges.  By paying a Bill via the App, you authorize the Venue’s Payment Vendor to charge your credit card or other authorized payment method.

 

Automatic Payment Protocols.  The App makes automatic payments under certain circumstances in dine-in transactions.  When this occurs, the App defaults to the tip percentage and primary credit card you established in your account settings.  The App will automatically Pay a Bill when:

 

  1. there has been no further Bill activity in the preceding ninety (90) minutes (after first sending a notification through your device that the Bill has not been settled, followed by a second notice that the Bill has been automatically settled and an e-mail describing the reason);
  2. your subscribed device travels more than one (1) mile away from the Venue where the Bill is active; and
  3. the Venue “closes out for the day” (typically at the conclusion of service hours), with no pre-warning but only a push notification and e-mail indicating the Bill has been automatically been paid at close-out time.

Minimum Gratuity.  The App requires that you pay the Venue a minimum tip of fifteen percent (15%).  Additionally, a Venue may require a certain minimum tip that may be higher.  You agree to pay any required minimum gratuity as a condition of using the App to Pay a Bill.

 

App Store Providers.  This Agreement is between you and Ampersand Group, Inc., and not with Apple, Inc. (“Apple”), Google Inc. (“Google”), or any other sponsor or provider of any application marketplace (each an “App Store Provider”).  NO APP STORE PROVIDER MAKES ANY WARRANTIES OR HAS ANY OBLIGATIONS UNDER THIS AGREEMENT WITH RESPECT TO THE APP.  App Store Providers have no obligation to furnish maintenance or support services for the App, or to address claims relating to the App or your use of it, including but not limited to claims of:  (i) product liability; (ii) failure to conform to any applicable legal or regulatory requirement; and (iii) violation of consumer protection or similar legislation.  App Store Providers also have no responsibility for the investigation, defense, settlement, or discharge of any third-party intellectual property infringement claims.

 

If you use the App on any iOS-based device, the license in this Agreement is granted only as permitted by, and subject to, any applicable Usage Rules in the Apple App Store Terms and Conditions.  If you use the App on any Android-based device, the license in this Agreement is granted only as permitted by, and subject to, any applicable Android Market Terms of Service established by Google.  An App Store Provider or its affiliates and subsidiaries may thus be third-party beneficiaries of this Agreement, and may have the right to enforce it.  

 

The App may be made available on multiple mobile device operating systems, and there may be some variation in how the App respectively functions on them.  We reserve the right to change the types and brands of mobile devices and carriers on which the App may be utilized at any time.  We are not obligated to provide the App for use via any particular provider or device.  You are prohibited from using our services on a mobile device whose core operating system has been modified in any unauthorized way.

 

Maintenance.  Scheduled system maintenance will take place from time to time, and the App or Website (or certain elements of their functionality) may then be unavailable.  Emergency maintenance may be required at other times.  Outage and downtime may occur.  If the App is down when you attempt to Pay a Bill, you must make alternative arrangements to pay the Venue.

 

Updates.  We may, but are not required to, develop and provide App updates from time to time, which may include upgrades, bug fixes, patches and other corrections, or new features (in any case, “Updates”).  Updates may also modify or remove certain features or functionality.  Split has no obligation to provide Updates, nor to continue to provide or enable any particular features or functionality.  Based on the settings of your mobile device and its Internet connection, the App may automatically download and install available Updates, or you may be prompted to do so.  You agree to receive and install Updates as a condition of your use of the App.  The App may not operate properly if you fail to install Updates.  All Updates are deemed part of the App and are subject to the terms of this Agreement.

 

Communications.  Some of the App's features may be funded through advertising, and we may need to communicate with you from time to time for various purposes, including to:  administer your use of the App and keep it secure; provide account statements and receipts; update policies and terms of use; and to assist you with pre-existing and new functionality.  You consent to receive communications, including commercial communications from Split and our third-party partners, who may include, without limitation, Venues and brands.  Your phone numbers, e-mail addresses and other information may be used to initiate commercial messages, which may be delivered via phone, e-mail or text, or posted on our Website.  Your consent to electronic communications from us does not mean we must provide all communications electronically.  At our option, we may deliver communications on paper or through other means.  Similarly, we may require that certain communications from you be delivered to us on paper at a specified address.  If you change your mind regarding your consent to our communications, you must contact us by email at terms@payandsplit.com.  You may opt out of receiving messages that are primarily commercial, but to stop receiving all messages from Split (including those related to Bills and administration of your account), you will need to terminate your account. Sending or receiving certain messages or data, including Updates, may incur charges from your telecommunications carrier or count against time- or size-based limits you have elected in your account with that carrier.  Our communications are deemed to be received by you when they, or notice of their availability, are sent, provided, posted or otherwise communicated to you.  If you use a spam filter that blocks or re-routes messages from senders not in your address book, you must make additions to your address book so you can receive communications from us in a timely manner.  

 

Push Notifications.  Split may send you “push notifications” if your enrolled device supports them.  By downloading the App, you opt-in to receive such notifications, which may contain commercial messages from Split and our third-party partners.  Should you wish to stop receiving push notifications via the App, you may decline them by adjusting the applicable settings on your enrolled device.

 

Third-Party Offerings.  Third-party content or service offerings, and links to third-party websites (collectively, “Third-Party Materials”), may be displayed or made available via the App or Website, and will be governed by terms designated by their respective providers (“Third-Party Terms”).  You must review and accept a provider's Third-Party Terms, which constitute an agreement between you and them, when you elect to use their Third-Party Materials.  We do not warrant or endorse, and are not liable or responsible to you or anyone else for, any Third-Party Materials (or any content, products, or services of any other third party); nor are we responsible for investigating or evaluating any aspect of any third-party offerings, including but not limited to their security, privacy, content, quality, accuracy, validity, completeness, maintenance and update status, copyright or other legal compliance, or potential offensiveness.  Third-Party Materials are made available solely in a good-faith effort to offer them as a convenience to you.  You must contact the applicable third party to resolve any issues concerning that party's customer service, loyalty or rewards programs, honoring of promotions or discounts, etc.

 

User-Generated Content.  You are not entitled to acknowledgment or compensation for our use of content that you post to the Website or App (including, without limitation, questions, comments, feedback, suggestions and ideas).  All such submissions are voluntary and non-confidential.  Any aggregated feedback or ranking system we provide represents only the opinion of users of our services, and is not our opinion, representation, or warranty.  Content posted may be moderated, may not appear immediately, and is not guaranteed to appear.  We have no obligation to moderate user submissions and may stop doing so at any time.  If you discontinue your Split account, any content you posted will remain public and may continue to be visible.  When you submit content, you automatically grant (and represent and warrant that you have the right to grant) us an irrevocable, perpetual, non-exclusive, sublicensable, fully paid, royalty-free, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute, prepare derivative works of, or incorporate into other works, such information and content.

 

Restrictions on Submissions.  You are solely responsible for content you communicate to us and other users through social media channels.  Submissions we prohibit include, but are not limited to, content that is:

 

  1. patently offensive, or promotes or otherwise incites racism, bigotry, hatred or physical harm against any group or individual;
  2. false, misleading, promotes illegal activities, or is harassing, inflammatory, abusive, threatening, obscene, indecent, sexually explicit, fraudulent, defamatory, libelous, or otherwise objectionable;
  3. "spam" or contains direct marketing communications, unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
  4. violative of the privacy or publicity rights; the copyrights, trademarks, and other intellectual property rights; or the contractual or other rights of any person or entity;
  5. confidential in nature, or contains trade secrets or other proprietary information;
  6. sensitive information about a person (including, but not limited to, medical conditions, social security numbers, credit cards, bank accounts or other financial information, residence, or contact information);
  7. personal information concerning matters such as criminal charges or convictions, religious beliefs, racial or ethnic origin, relationships, sexual orientation, political opinions, or union membership;
  8. likely to create a security risk to any person; or
  9. otherwise objectionable or damaging in our sole determination.

Limitations on Availability.  You must maintain your wireless provider account in good standing, and supply and maintain a mobile device that meets our and that provider's minimum serviceable technology requirements, to be able to use the App on a continuing basis.  The App is based in the United States and is provided for access and use by persons in the United States.  We make no representation that the App is available or permitted in any particular location.  No use of the App may occur where prohibited.  You use the App of your own initiative, and you are responsible for compliance with any applicable laws.  We may also impose limits on use of or access to the App, as determined from time to time by law, regulation, or our business judgment.

 

Term and Termination.  This Agreement continues until terminated by you or us.  You may terminate at any time by unsubscribing from the App.  At any time and without notice, we may terminate this Agreement, your App account, or our provision and support of the Website and App in part or in whole.  This may occur if you fail to comply with any term of this Agreement, or in our sole business discretion.  Upon any termination:  (i) you remain liable for all payment and other obligations you have incurred while subject to this Agreement; (ii) all license and other rights granted to you by this Agreement will cease; and (iii) you must cease all access and use of the Website and App, and delete or destroy, as applicable, all materials and residuals in your possession related to them.  Those terms of this Agreement reasonably intended to create post-termination obligations shall remain in effect.

 

 

Disclaimers and Limitations of Liability.

 

These disclaimers and limitations apply only to the extent permitted by applicable law; however, we would not provide the Website or App without them being an integral part of this Agreement.  Some jurisdictions do not allow certain disclaimers of implied warranties or limitations of liability, so the following disclaimers and limitations may not fully apply to you.  In particular, nothing in this Agreement shall constitute a waiver of any rights, claims or defenses you may have with respect to a payment transaction under the terms of your credit card issuer agreement, wireless carrier billing account, or applicable state and federal laws such as the Electronic Fund Transfer Act.  You may have additional refund or charge-back rights under these arrangements.

 

Disclaimer of Warranties.  EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE WEBSITE AND APP ARE PROVIDED ON AN AS-IS, AS-AVAILABLE, AND WITH-ALL-FAULTS BASIS WITHOUT WARRANTY OF ANY KIND.  WE DISCLAIM ALL WARRANTIES IN THEM, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THOSE FOR UNINTERRUPTED OR ERROR-FREE SERVICE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

 

Limitation of Liability.  WE ARE NOT LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATED TO THE WEBSITE OR APP, OR TO OCCURRENCES INVOLVING YOUR MOBILE DEVICE OR PERSONAL DATA, INCLUDING, WITHOUT LIMITATION, ANY FAILURE IN:  (A) AUTHENTICATING DATA FOR SECURITY PURPOSES OR OTHERWISE; (B) VERIFYING YOUR ELIGIBILITY TO COMPLETE A PAYMENT; (C) COMPLETING A TRANSACTION OR MAKING A PAYMENT; OR (D) TRANSMITTING DATA VIA MOBILE DEVICES, TRANSMISSION SYSTEMS, SERVERS, OR OTHER INTERNET INFRASTRUCTURE.  THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A LOSS, DAMAGE, OR CLAIM.  OUR MAXIMUM LIABILITY TO YOU FOR DAMAGES IS THE GREATER OF:  USD $50.00; OR THE AMOUNT YOU PAID FOR THE APP, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE DATE YOUR ALLEGED CLAIM AROSE.

 

Force Majeure.  Without limiting the generality of the preceding limitations, we have no liability for any failure or delay resulting from any condition reasonably beyond our control, including but not limited to power grid failure, Internet service disruption, labor strikes or lock-outs, governmental action, acts of terrorism, war, coup, civil unrest, earthquake, hurricane, tsunami, fire, flood or other acts of God.

 

Disputes Between You and Third Parties.  You are solely responsible for your financial and other interaction with Venues, payment facilitators, other users of the App, and any other third parties.  You are responsible for all charge-backs, service fees, and like charges they assert based on your use of our services.  You may look only to such third parties and their cardholder agreements, terms of purchase, etc., for resolution of any claims or disputes arising from a billing or other interaction facilitated via the App.  YOU SHOULD ALWAYS CHECK YOUR BANKING AND ACCOUNT STATEMENTS.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AGREE TO waive and release US from, AND HOLD US HARMLESS AGAINST, any and all claims, damages AND liabilities arising FROM YOUR USE OF THE APP, AND any act or omission of any Venue, other user or RELATED third party.

 

Indemnification.  You agree to indemnify, defend and hold harmless, and waive and release Split, its equity owners, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third parties that contribute to our services from and against all third-party claims, losses, expenses, damages, costs and other liabilities (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages, and attorneys' fees), arising out of your misuse of our services, or violation of this Agreement or applicable law.

 

 

GENERAL PROVISIONS

 

Export and Other Restrictions.  You may not use or otherwise export or re-export any element of the Website or App, except as authorized by United States law and the laws of the jurisdiction in which the App was accessed.

 

Amendments and Assignment.  We may change, amend, or assign this Agreement, with or without notice or consent, by posting the most recent version (which shall supersede any other version) within the App and on the Website.  Your continued use of the Website or App following posting of these changes constitutes acceptance of the terms as they exist at the time of your usage.  You may not transfer or assign any rights or obligations conveyed by this Agreement without our prior written consent.  Subject to this paragraph, this Agreement is binding upon and inures to the benefit of the parties hereto, their successors, and their permitted assignees.

 

Governing Law.  Federal law and the laws of the State of Georgia (excluding its conflict of laws rules) govern this Agreement and your use of the App.  The exclusive venue of any action arising out of this Agreement is the state and federal courts seated in Atlanta, Georgia, and you agree to the exclusive and personal jurisdiction of these courts.  The parties specifically reject the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act to the subject matter of this Agreement.  

 

Entire Agreement.  This Agreement and the Privacy Policy, both as amended from time to time, constitute the entire agreement between you and us regarding their subject matter, and supersede all other agreements, representations and understandings, whether written or oral.

 

Severability.     If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable under applicable law, then:  (a) it will, rather than be stricken in its entirety, be superseded by a valid and enforceable provision that most closely matches the economic intent of the original provision; and (b) the remainder of the Agreement will continue in full effect as if it had been executed by both parties subsequent to the expungement of the invalid provision.  A judicial finding of invalidity or unenforceability of any provision of this Agreement will not affect the validity of any other term, and any such finding in a given jurisdiction will not invalidate or render such provision unenforceable in any other jurisdiction.  It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable, and hereby knowingly waive all rights to object to any provision of this Agreement.  

 

Contact Us.  Please contact us at support@payandsplit.com or (770) 765-3083 if you have any questions regarding this Agreement.