Terms of Service

About Givvv

Welcome to Givvv. These Terms of Service ("Terms") are a legal agreement between you and jmBABE Collective LLC, a Florida limited liability company doing business as "Givvv" ("Givvv," "we," "us," or "our"). By accessing or using Givvv's website, kiosk software, or related services (collectively, the "Service"), you agree to these Terms.

If you do not agree to these Terms, do not use the Service.

Who can use Givvv

To use the Service, you must:

• Be at least 18 years old
• Have the legal authority to enter into a binding contract
• If signing up on behalf of a business, have authority to bind that business to these Terms
• Not be prohibited from using the Service under applicable law

The Service is currently available only to businesses and professionals located in the United States.

Your account

To use most features of the Service, you need to create an account. You agree to:

• Provide accurate, complete, and current information
• Keep your login credentials confidential
• Notify us immediately if you suspect unauthorized access
• Be responsible for all activity under your account

We may suspend or terminate your account if you violate these Terms, provide false information, or engage in fraudulent activity.

What Givvv does (and doesn't do)

What Givvv does

• Provides a kiosk-based software interface that allows customers at your venue to select a professional and indicate an intent to send a tip or purchase a gift card
• Records that transaction intent in our systems
• Generates digital receipts for the customer, the pro, and the business
• Provides an admin dashboard with reports and analytics for business owners

What Givvv does NOT do

All payments between customers and pros flow directly through the pro's own third-party payment apps (such as Venmo, CashApp, PayPal, Zelle, Square, or similar). Givvv never touches, holds, transmits, or has custody of customer or pro funds at any time.

Payments to Givvv

The Service is offered to businesses under the following fee structure:

• Setup fee: A one-time payment of $295.00 USD at signup, which includes the first year of service
• Annual renewal: $9.95 USD per year, starting in year two
• Pro renewal: $12.95 USD per pro per year, charged on each pro's hire anniversary. Businesses may choose to cover pro renewals on behalf of their staff, but are not required to.

Payments are processed through Stripe, our third-party payment processor. By making a payment, you also agree to Stripe's terms of service. Prices are exclusive of applicable taxes, which will be added where required by law.

We reserve the right to change our pricing with at least 30 days' notice. Price changes will not affect already-paid service periods.

Refund policy

We offer a 7-day refund window on the $295 setup fee. To qualify for a refund:

• You must request the refund within 7 calendar days of your original purchase
• The kiosk must not have been used to process more than 10 transactions
• Refund requests must be submitted to jennifer@givvv.app with your order confirmation

After the 7-day window, all payments are non-refundable. Annual renewal fees are non-refundable.

Renewals & suspension

Your Givvv service renews annually. Before each renewal, we will send reminder emails to the account holder.

If a renewal payment fails or is not made by the renewal date, your access to the Service — including the kiosk — will be suspended immediately. We do not offer a grace period for missed payments.

To restore access after suspension:

• Complete the outstanding payment
• A reactivation fee may apply at our discretion
• If the account remains suspended for more than 60 days, your data and settings may be permanently deleted

Payments between customers and pros

Tips and gift card purchases initiated through the Givvv kiosk flow directly from the customer to the pro via the pro's own third-party payment apps. Givvv acts solely as a coordination layer — we record the intent to send payment and issue receipts.

You acknowledge and agree that:

• Givvv is not responsible for the success, failure, accuracy, speed, or any aspect of the actual money transfer between a customer and a pro
• Any dispute about a tip or gift card transaction — including but not limited to failed transfers, incorrect amounts, refunds, chargebacks, wrong recipients, or fraud — is strictly between the customer and the pro
• Givvv has no obligation to mediate, resolve, refund, or otherwise intervene in these disputes
• Pros are solely responsible for maintaining accurate payment information in their own third-party accounts and for complying with those third-party platforms' terms of service
• Any gift cards purchased are a direct arrangement between the customer and the pro — Givvv does not issue, honor, enforce, or guarantee gift cards

Pros are also solely responsible for all tax obligations on tips and payments received. Givvv does not withhold, report, or remit taxes on behalf of pros.

Acceptable use

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the Service or other users' accounts
• Interfere with, disrupt, or reverse-engineer the Service
• Use the Service to send spam, malware, or harmful content
• Misrepresent your identity or affiliation
• Use the Service to facilitate money laundering, fraud, or other illicit financial activity
• Scrape, copy, or harvest data from the Service except as expressly permitted
• Resell, sublicense, or otherwise commercially exploit the Service without our written permission

Intellectual property

Givvv, the Givvv logo, the wordmark, the heart-over-V design element, all related graphics, and all software, code, content, and designs associated with the Service are the exclusive property of jmBABE Collective LLC and are protected by U.S. and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. This license does not include the right to modify, distribute, or create derivative works.

You retain ownership of any content you upload to the Service (such as your business name, logo, or pro profile photos). By uploading, you grant Givvv a worldwide, non-exclusive, royalty-free license to host, display, and use that content as necessary to operate the Service.

Privacy

Your use of the Service is also governed by our Privacy Policy, which explains what data we collect, how we use it, and your rights regarding your personal information.

Warranties & disclaimers

To the fullest extent permitted by law, Givvv disclaims all warranties, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• That the Service will be uninterrupted, error-free, or secure
• That any data transmitted through the Service will be delivered, stored, or protected against loss
• That the Service will meet your business requirements or produce any particular results

You use the Service at your own risk.

Limitation of liability

Givvv's total aggregate liability for all claims arising out of or related to these Terms or the Service, regardless of the form of action, shall not exceed the total amount paid by you to Givvv in the twelve (12) months preceding the event giving rise to the claim, or one hundred U.S. dollars ($100), whichever is greater.

Because Givvv is not a payment processor and does not touch customer or pro funds, we are specifically not liable for any financial losses arising from failed, fraudulent, or disputed tips or gift card transactions between customers and pros.

Indemnification

You agree to indemnify, defend, and hold harmless jmBABE Collective LLC, its members, employees, contractors, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any dispute between you and a customer, pro, or business using the Service
• Any tax obligation of yours that Givvv is not required to handle

Termination

You may cancel your account at any time by contacting us at jennifer@givvv.app. Cancellation does not entitle you to a refund except as specified in Section 6.

We may suspend or terminate your account immediately, without prior notice, if:

• You breach these Terms
• You fail to make a required payment
• We determine your use of the Service poses a security, legal, or reputational risk
• We are required to do so by law or by a court order

Upon termination, your right to use the Service ends immediately. Sections of these Terms that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will continue to apply.

Disputes & arbitration

Mandatory arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service — except as specifically excluded below — shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.

The arbitration will be held in Collier County, Florida, or conducted remotely at the arbitrator's discretion. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver

YOU AND GIVVV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Exceptions to arbitration

The following disputes are not subject to mandatory arbitration:

• Claims for injunctive relief to protect intellectual property rights
• Small claims court actions, where eligible

Opt-out

You may opt out of this arbitration agreement by sending written notice to jennifer@givvv.app within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration.

Governing law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. For any claim not subject to arbitration under Section 16, exclusive jurisdiction and venue shall lie with the state and federal courts located in Collier County, Florida.

Changes to these terms

We may update these Terms from time to time. When we do, we will:

• Update the "Last updated" date at the top of this page
• Notify account holders by email for material changes
• Provide at least 30 days' notice before material changes take effect

Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of those updates. If you do not agree to the updated Terms, you must stop using the Service.

Contact

Questions about these Terms? Reach out to us directly.