Terms of Service

Last Updated: February 1, 2025 

These Terms of Service (“Agreement”) govern the use of the TY Rewards platform (“TY Rewards,” “we,” “our,” or “us”). By accessing or using TY Rewards, both users/members  (“Users”) and merchants/partners (“Merchants”) agree to be bound by this Agreement. If you do not agree, you may not use the platform.

For purposes of these Terms, “user,” “member,”, “merchant,” “partner,” “you,” and “your” mean you as the user or Merchant of the Service. If you use the Service on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 9 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.

BY CLICKING TO ACCEPT, SIGN, AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

1. DEFINITIONS

For the purposes of this Agreement, the following definitions apply:

  • “Platform” refers to the TY Rewards website, mobile application, and related services that facilitate interactions between Users and Merchants.
  • “User” or “Member” refers to an individual who creates a profile, participates in campaigns, and redeems rewards through the Platform.
  • “Merchant” or “Partner” refers to a business entity that creates campaigns, funds reward programs, and engages with Users on the Platform.
  • “Third-Party Vendors” refers to external service providers, including but not limited to Tremendous, EBizCharge, Middesk, and Mappbox, which assist in redemption processing, payment processing, KYB verification, and merchant location services.
  • TY Points: A form of digital reward credit allocated to Users as part of a Merchant’s campaign. TY Points can be redeemed for monetary rewards through third-party payment processors but hold no intrinsic monetary value and cannot be transferred outside the TY Rewards platform.
2. GENERAL TERMS AND CONDITIONS
2.1 Acceptance of Terms

By signing up for and accessing TY Rewards, you acknowledge that you have read, understood, and agreed to be bound by this Agreement, including any amendments or updates. TY Rewards reserves the right to modify these Terms at any time, and continued use of the Platform constitutes acceptance of such modifications.

2.2 Eligibility & Age Restrictions

Users and Merchants must be at least eighteen (18) years old or the age of majority in their respective jurisdictions to use the Platform. By accessing or using TY Rewards, you represent and warrant that you meet the age requirement and have the legal capacity to enter into this Agreement. Merchants must complete KYB in order to participate in any of TY Rewards programs.

2.3 Account Security

Users and Merchants are responsible for maintaining the security of their accounts, including protecting login credentials from unauthorized access. Sharing login credentials with third parties is strictly prohibited. TY Rewards shall not be held liable for any unauthorized access, data breaches, or losses resulting from negligence, failure to secure account information, or misuse of credentials.

2.4 Platform Services

TY Rewards provides a platform for engagement between Users and Merchants but does not actively participate in or oversee the creation, management, or fulfillment of campaigns. TY Rewards does not control, endorse, or guarantee the effectiveness, accuracy, legality, or completeness of any campaign, reward, or offer made by a Merchant. Any disputes between Users and Merchants must be resolved directly between the parties.

TY Rewards facilitates the allocation of Merchant funds for campaign participation and enables the redemption of rewards through third-party service providers. While TY Rewards integrates with third-party payment processors to facilitate disbursements, it does not guarantee the availability, timeliness, or execution of payments. TY Rewards makes no representations regarding the status of its regulatory obligations and reserves the right to modify its operations to ensure compliance with applicable laws.

TY Rewards warrants that the TY Platform will substantially conform to the specifications contained in its documentation. TY Rewards does not warrant that the Platform will operate without interruption or that it will be free from minor defects or errors that do not materially affect performance. TY Rewards makes no guarantees that the Platform will meet all of a User’s or Merchant’s business requirements. TY Rewards commits to providing maximum platform uptime, excluding scheduled maintenance and events beyond its reasonable control (as outlined in the “Force Majeure” clause). Scheduled maintenance will be conducted during off-peak hours where possible, and reasonable efforts will be made to notify Users and Merchants in advance.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TY REWARDS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

2.5 No Liability for Engagement

TY Rewards is not a party to any  agreement, or contract between Users and Merchants and assumes no liability for disputes, misrepresentations, unfulfilled obligations, fraud, or damages arising from interactions between Users and Merchants. Any and all disputes, claims, or controversies related to a campaign, including but not limited to eligibility, reward redemption, campaign modifications, and Merchant funding, must be resolved directly between the involved parties. TY Rewards expressly disclaims any responsibility for monitoring, mediating, or enforcing agreements between Users and Merchants.

3. USER TERMS
3.1 Account Creation and Accuracy

Users must create an account and provide accurate personal information to participate in campaigns and redeem rewards. Users are responsible for ensuring the accuracy and completeness of the information they provide. Providing false, misleading, or incomplete information may result in account suspension or termination at TY Rewards’ sole discretion. Users are prohibited from creating accounts using bots or automated methods. Any accounts created through such means may be removed from the platform at TY Rewards’ sole discretion.

3.2 Campaign Participation

Participation in campaigns is voluntary, and Users acknowledge that Merchants set the terms and conditions for their respective campaigns. TY Rewards does not guarantee the availability, validity, or fulfillment of any campaign rewards. Users must review and comply with the specific rules and requirements of each campaign before participating. Failure to meet the campaign criteria set by the Merchant may result in disqualification from receiving rewards.

3.3 Reward Redemption and Processing

Users may redeem rewards through the Platform, subject to the limitations and processing times imposed by third-party vendors, including Tremendous. TY Rewards is not responsible for delays, technical failures, or unfulfilled redemptions resulting from third-party service providers. Users acknowledge that any issues related to redemption processing must be addressed directly with the third-party vendor handling the payout.

3.4 Reward Expiration and Conditions

Users acknowledge that campaign rewards may be subject to expiration dates, withdrawal restrictions, and other conditions set by Merchants. Rewards that are not redeemed within the Merchant-specified timeframe may become void. TY Rewards is not responsible for expired or forfeited rewards and shall not issue replacements or refunds under any circumstances.

3.5 Prohibited Activities

Users agree that they will not engage in fraudulent activities, misrepresentations, or abuse of campaigns, including but not limited to:

  • Creating multiple accounts to exploit rewards.
  • Participating in campaigns without meeting eligibility requirements.
  • Using automated systems, scripts, or bots to manipulate campaigns.
  • Providing false information to gain unauthorized benefits. Any such actions may result in immediate account suspension, termination, and potential legal action by TY Rewards or the affected Merchant.
3.6 Account Suspension and Termination

TY Rewards reserves the right to restrict, suspend, or terminate a User’s access to the Platform if there is any suspicion of fraud, abuse, or violation of this Agreement. Users who violate any part of these Terms may be permanently banned from using the Platform, and any accumulated rewards may be forfeited at TY Rewards’ sole discretion.

3.7 No Liability for Campaigns

Users understand that TY Rewards does not provide refunds or guarantees for campaigns and that any disputes must be resolved directly with the respective Merchant. Users further agree that TY Rewards shall not be liable for any financial loss, dispute, or claim arising from participation in campaigns, redemption of rewards, or interactions with Merchants.

4. MERCHANT TERMS
4.1 KYB Verification and Eligibility

Merchants must complete Know Your Business (KYB) verification before they are eligible to transfer funds, launch campaigns, or engage with Users through the TY Rewards Platform. This verification process may require the submission of legal business documents, tax identification numbers, proof of operational status, and other relevant information as determined by TY Rewards and its third-party verification providers. Failure to provide accurate and complete KYB documentation may result in account suspension, denial of program/campaign participation, and denial of platform access.

4.2 Campaign Responsibilities

Once funds are allocated to the Platform, Merchants assume full responsibility for their campaigns, including the creation, administration, and execution of promotional offers and loyalty programs. Merchants must ensure that all campaigns comply with applicable laws and regulations and do not mislead, deceive, or create false expectations for Users. TY Rewards does not monitor or guarantee the accuracy, fairness, or legality of Merchant campaigns, and any disputes regarding campaign terms or redemptions must be resolved between the Merchant and the participating Users.

TY Rewards is also not responsible for the terms and conditions drafted by the Merchant. TY Rewards offers template language as a convenience, but Merchants have full responsibility to edit, modify, and ensure that the terms comply with applicable laws and regulations. TY Rewards does not review, verify, or guarantee the accuracy, legality, or enforceability of any Merchant-drafted terms and conditions. Merchants acknowledge and agree that they assume all legal risk and liability arising from the terms and conditions they impose on Users.

4.3 Funding Obligations & Fees

Merchants must maintain sufficient funds in their designated TY Rewards account to cover all expected reward redemptions. If a Merchant’s account lacks adequate funding, TY Rewards reserves the right to suspend or terminate the campaign, restrict future campaign creation, or take other appropriate actions, including removing the Merchant from the Platform. Merchants acknowledge that failure to maintain proper funding could result in negative reviews, reputational harm, and legal liabilities.

Merchants acknowledge that TY Rewards collects a non-refundable service fee equal to twenty percent (20%) of the total amount dedicated to the program at the time of purchase of a TY. This fee is included immediately upon deposit and is not subject to refund under any circumstances. The remaining balance after the fee is applied is allocated to the Merchant’s campaign budget for User rewards. TY Rewards reserves the right to modify its fee structure with prior notice to Merchants. The fee is charged only when a merchant enrolls in the program for the first time; subsequent purchases of TY will not incur additional fees.

4.4 Campaign Duration and Modifications

Each campaign must remain active and available for a minimum of six months before it may be modified, paused, or terminated. Any modifications to a live campaign, including adjustments to reward structures, eligibility criteria, or campaign expiration dates, must be communicated clearly to Users through the Platform. Merchants may not unilaterally alter or revoke rewards after Users have met the stated campaign conditions, unless explicitly permitted by TY Rewards’ policies or required by law.

4.5 Refund Policy and Processing

If a Merchant requests a refund for unused or unallocated funds, refund requests will be processed within three business days, though processing times may be extended due to third-party payment vendor delays or technical issues. TY Rewards does not guarantee immediate refunds and shall not be held liable for processing delays caused by payment service providers, banking institutions, or other external entities.

4.6 Disclaimer of Liability

Merchants acknowledge and agree that their engagement with the Platform is at their own risk. TY Rewards does not assume liability for any financial losses, business interruptions, technical malfunctions, or reputational harm arising from a Merchant’s use of the Platform, including but not limited to campaign failures, misrepresentation of offers, regulatory non-compliance, or disputes with Users. By participating in the TY Rewards Platform, Merchants agree to abide by all terms set forth in this Agreement and accept full accountability for their campaigns and financial obligations.

5. INTELLECTUAL PROPERTY

TY Rewards grants Merchants a limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license to use TY Rewards’ name, logos, and trademarks solely for promotional purposes related to campaigns on the Platform. Merchants may only use the TY Rewards branding in accordance with our provided guidelines and must not modify, distort, or misrepresent any TY Rewards intellectual property. Upon termination of their participation on the Platform, all license rights to TY Rewards branding shall immediately cease.

Similarly, Merchants grant TY Rewards a limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license to use the Merchant’s trademarks and branding for the purpose of identifying them as a partner on the Platform. Such usage shall not imply any ownership or affiliation beyond the limited license granted herein.

Merchants are not permitted to copy any documentation from TY Rewards, nor are they authorized to reverse engineer or copy any processes or procedures or software from TY Rewards. 

Any feedback, suggestions, or ideas provided by Users or Merchants regarding the improvement of the Platform or services shall be considered non-confidential and non-proprietary. TY Rewards shall have the unrestricted right to use, implement, and modify any submitted feedback without obligation, attribution, or compensation to the submitting party.

6. User Content and License Grant

By submitting, posting, or displaying any content (including text, images, graphics, audio, video, or other materials) on or through the platform, you grant TY Rewards and its affiliates a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, use, store, reproduce, modify, publicly display, publicly perform, publish, distribute, and otherwise make available such content in connection with the operation, promotion, and improvement of the platform and related services.

You represent and warrant that:

  • You own or otherwise have the necessary rights, licenses, consents, and permissions to grant the above license for any content you submit or make available through the platform.
  • Your content does not infringe or violate any third-party rights, including intellectual property, privacy, or publicity rights.

We reserve the right (but have no obligation) to review, remove, or disable access to content that violates these Terms, applicable law, or the rights of any third party.

7. User-Generated Content and Acceptable Use Policy

By using our Services, you agree not to post, upload, submit, or otherwise distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, hateful, or otherwise objectionable. This includes content directed at merchants, users, or the general public, as determined solely by TY Rewards. We maintain a zero-tolerance policy toward objectionable content and abusive behavior.

You are solely responsible for any content you submit through the app. TY Rewards reserves the right to review, moderate, and remove user-generated content at any time and without notice if it is found to violate our policies or any applicable laws.

Our app provides built-in tools that allow users to report individual posts or accounts and to block users they find abusive or inappropriate. We strongly encourage users to utilize these features to help maintain a safe and respectful community.

By creating an account or using our Services, you agree to comply with these rules. Violations may result in content removal, account suspension, or permanent termination of access to our platform.

If you encounter abusive behavior or inappropriate content, please use the in-app report feature or contact our support team for further assistance.

8. INDEMNIFICATION

To the fullest extent permitted by law, Users and Merchants agree to indemnify, defend, and hold harmless TY Rewards, its affiliates, officers, directors, employees, agents, contractors, suppliers, and service providers from and against any and all claims, damages, liabilities, judgments, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to: (a) any violation of this Agreement; (b) misuse of the Platform or services; (c) disputes between Users and Merchants; (d) failure to comply with applicable laws or third-party rights; or (e) negligence, fraud, or misconduct in connection with Platform usage. TY Rewards reserves the right to control the defense of any indemnified claim, and Users and Merchants shall fully cooperate in any such defense. No settlement shall be made that imposes liability or obligations on TY Rewards without prior written consent.

9. ASSUMPTION OF RISK

Users and Merchants acknowledge and accept the inherent risks associated with the use of online platforms, third-party integrations, and reward redemptions. TY Rewards does not guarantee uninterrupted service, security, or that campaigns will be free from errors or fraudulent activity. Users acknowledge that they are solely responsible for verifying the legitimacy of campaigns before participating, as TY Rewards does not independently verify or endorse Merchant promotions. Merchants acknowledge that they are solely responsible for managing campaign funding and ensuring adequate liquidity for reward redemptions. TY Rewards shall not be held liable for any losses resulting from system failures, hacking, cyber threats, or unauthorized third-party access. Users and Merchants assume full responsibility for securing their own accounts, wallets, and sensitive information.

10. THIRD-PARTY VENDOR DISCLAIMER

TY Rewards integrates with third-party vendors, to facilitate various Platform services. By using the Platform, Users and Merchants acknowledge that TY Rewards does not control the operations, policies, or security measures of these third-party vendors. TY Rewards may

TY Rewards shall not be responsible for any disruptions, data breaches, or financial losses resulting from third-party vendor errors, processing delays, or failures. Users and Merchants are encouraged to review the terms and policies of third-party vendors before engaging with services facilitated by the Platform.

11. DISPUTE RESOLUTION, CLASS ACTION WAIVER, AND ARBITRATION
11.1 Waiver of Jury Trial

YOU AND TY REWARDS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and TY Rewards agree that all claims and disputes shall be resolved by binding arbitration under this Arbitration Agreement, except as otherwise specified in this Section. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, arbitration does not involve a judge or jury, and court review of an arbitration award is subject to limited review.

11.2 Waiver of Class Actions and Class Arbitrations

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MULTIPLE USERS, PERSONS, OR ENTITIES CANNOT BE ARBITRATED OR CONSOLIDATED. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties. Without limiting the generality of the foregoing, you and TY Rewards agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from arbitration and brought in the state or federal courts located in Miami, Florida. All other claims shall be arbitrated.

11.3 Governing Law and Arbitration Rules

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be resolved through binding arbitration conducted in Miami, Florida, pursuant to the rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted before a single arbitrator selected by mutual agreement of the parties or, if no agreement is reached, appointed in accordance with the AAA rules. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement.

11.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may elect to bring an individual claim in small claims court in Miami, Florida, if the claim qualifies within the jurisdictional limits of such courts. Additionally, either party may seek injunctive relief or equitable remedies in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

11.5 Opt-Out Right

You have the right to opt out of the arbitration and class action waiver provisions of this Section 9 by sending written notice of your decision to opt out to support@tyrewards.app within thirty (30) days of first accessing the Service. Your opt-out notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of arbitration and the class action waiver. If you opt out, all other provisions of this Agreement shall remain in effect.

11.6 Finality and Confidentiality

The arbitration award shall be final and binding on both parties. The arbitration proceedings, including all filings, evidence, and rulings, shall be confidential and shall not be disclosed to third parties except as required by law.

12. GOVERNING LAW AND VENUE

These Terms and your access to and use of the Platform shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any dispute not subject to arbitration or small claims court shall be resolved in the state or federal courts located in Miami, Florida.

13. TERMINATION

If you breach these Terms, all rights and licenses granted by TY Rewards will terminate automatically. Additionally, we reserve the right, at our sole discretion and without notice, to suspend, restrict, disable, or terminate your account and access to the Platform at any time for any or no reason. We shall have no liability to you for such actions, and you will not be entitled to any refunds of fees paid. If your account is terminated, you retain ownership of any digital assets acquired through the Platform, which remain accessible via third-party blockchain networks.

14. Prohibited Businesses and Activities

TY Rewards is committed to maintaining a safe, lawful, and inclusive platform. You may not use our services to promote, sell, or facilitate content or businesses involving adult services or pornography, gambling or betting (including fantasy sports with monetary stakes), illegal or controlled substances such as marijuana, THC, CBD, or kratom, weapons or firearms, tobacco or vaping products, counterfeit or infringing goods, or deceptive financial schemes such as multi-level marketing. Use of the platform to harass others, spread hate speech, or manipulate features or rewards is strictly prohibited. Additionally, TY Rewards may not be used by individuals, entities, or merchants located in or associated with sanctioned jurisdictions, including Cuba, Iran, North Korea, Syria, Russia, Venezuela, and the Crimea, Donetsk, and Luhansk regions of Ukraine, or by anyone listed on U.S. government sanctions lists.

We reserve the right to remove content or suspend access to accounts that violate these guidelines or create legal or reputational risk. If you’re unsure whether your business or content is permitted, please contact us.

15. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Any unenforceable provision shall be modified to the extent necessary to reflect the original intent as closely as possible.

16. INJUNCTIVE RELIEF

A breach of these Terms may cause irreparable harm to TY Rewards, for which monetary damages would not be an adequate remedy. Accordingly, we may seek injunctive or equitable relief in addition to other legal remedies without the requirement of a bond or proof of damages.

17. CALIFORNIA RESIDENTS

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

18. SURVIVAL

All sections which by their nature should survive the termination of these Terms shall continue in full force and effect notwithstanding any termination of these Terms by TY Rewards or you. Termination will not limit any of TY Rewards’ other rights or remedies at law or in equity.

19. MISCELLANEOUS

These Terms (and any other applicable terms or policies incorporated by reference) constitute the entire agreement between you and TY Rewards regarding your access to and use of the Platform. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of TY Rewards. Failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.

The Platform is operated by us in the United States. Those who access the Platform from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You and TY Rewards agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

 

20. Prevailing Language

This Spanish translation is provided for user convenience only. In the event of any conflict, inconsistency, or discrepancy between the English version and this Spanish version, the English version shall prevail. The English version constitutes the legally binding agreement between the parties.

 

21. Contact Information

For questions, concerns, or requests, contact us at:

Thank You Technologies Corp
Email: support@tyrewards.app

Submit a request here [https://tyrewards.app/contact-us/#form].

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