TippingLink Terms and Conditions

(Residents & Workers)

BuildingLink (“BuildingLink”, “we”, “us”, “our”) may make services available that allow building residents and occupants (“you”, “your”, “residents”) to provide tips, gifts, and electronic cards to building contractors and employees (“you”, “your”, “building worker(s)”) via electronic means (“TippingLink” or the “Service”). Your use of TippingLink on the BuildingLink Platform is subject to these TippingLink Terms and Conditions (“Terms”). To use the TippingLink Service, the building where you reside or work, or its management company (“building”) must enable the TippingLink Service, make it available to you, register each eligible building worker and complete conditions precedent to our delivery of the Service. Certain features of the Service may not be available to you if the building has not successfully enabled them and made them available to you.

TippingLink allows residents to send, and building workers to receive, electronic gifts (including cash gifts, tips and custom ecards and similar digital items) (“e-gift”). The building will have the option to enable the TippingLink Service to be used by residents to send e-gifts to either (i) individual building workers (“Individual E-Gift”); (ii) a gift pool that is split amongst building workers in a proportion designated by the building (“Gift Pool”); or (iii) both Individual E-Gifts and Gift Pool, at resident’s election.

To use TippingLink, building workers must successfully complete our onboarding process. Residents may be given the option to complete our onboarding process and create an account on the TippingLink platform, or use the Service as a guest. You agree to provide all information that we or our service provider reasonably requests in order to verify your identity and eligibility for the Service.

Terms below apply if you are a building resident: TippingLink allows you to send e-gifts to eligible building workers selected by you. An “eligible building worker” means a building worker that your building registers on the TippingLink platform who has met the building’s and BuildingLink’s criteria to receive e-gifts through TippingLink.

• Payment Methods: At your choice, your e-gifts and applicable fees and surcharges will be charged to your selected payment method that TippingLink supports (“Payment Method”). This may include credit card, debit card, or your bank account through automated clearing house (ACH), and TippingLink may change available Payment Methods at any time. You authorize us to verify your Payment Method by any reasonable means, including by micro deposit and withdrawal. When you request to purchase and send an e-gift, you agree to provide us with all information we request about your Payment Method, including card number, account number, issuing financial institution, and billing address. You also agree to provide us all information we request about the recipient of the e-gift, including the recipient’s name and delivery information for the recipient of your e-gift, such as a mailing address of the recipient or your building where they work.
  
  
• Fees. We may charge you a fee for preparing and sending each e-gift that you request. This fee will cover our preparation, procurement and delivery of e-gifts to the eligible building worker. This fee is subject to change and will be disclosed to you before you complete your transaction. The amount of the fee will be itemized and charged to your selected payment, in addition to the monetary amount of any e-gift that you purchase using the Service. The fee will be paid to BuildingLink and will not be paid to the recipient of the e-gift. All fees are nonrefundable.
  
  
• Credit Card Surcharge. If you pay by credit card, we will charge you a surcharge in addition to the amount of the e-gift and applicable fees. This surcharge will be disclosed to you before you complete each transaction. The surcharge is subject to change. If you do not want to pay this surcharge, you may pay for your transaction using a different Payment Method we support.
  
  
• Payment Processing. We use third-party payment processors to process your TippingLink transactions. These payment processing services are subject to the applicable payment processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these TippingLink terms, you also agree to be bound by the applicable Payment Processor Agreements for processing your TippingLink payments, if any Payment Processor Agreement is disclosed to you on our website, mobile application, or during the checkout process or otherwise, as the same may be modified by the payment processor from time to time. By using the TippingLink service, you authorize us and the payment processor to charge your selected Payment Method for the tipped amount and any applicable surcharge and fees in connection with the transaction, and to debit or credit your Payment Method to correct any errors.
  
  
• Delivery. If enabled by your building, you may send an Individual E-Gift to a building worker that your building has registered for the TippingLink platform. If you do, we will deliver the entire Individual E-Gift. If enabled by your building, you may contribute an e-gift to a Gift Pool. Contributions from residents in your building who contribute to the Gift Pool will be pooled together, and allocated amongst one or more building workers, in the amount or proportion specified by the building or as determined by BuildingLink if the building does not specify an allocation. There may be circumstances when we cannot deliver the e-gifts to the specified recipient in accordance with our terms. If this occurs, the monetary portion of your e-gift will be handled in accordance with the Non-Delivery section below. Fees are nonrefundable.
  
  
• Non-Delivery. If we or our service provider cannot deliver your e-gift to the identified building worker for any reason, you authorize us to send your payment to your building’s management, for the building management to attempt to distribute to the building worker, or return your payment to your original Payment Method, or any other Payment Method we have on file for you, in our discretion. If we are unable to do so, despite our reasonable efforts, we may reclaim the funds and you will forfeit any refund of your e-gift. You agree that we will not be liable to you for any such amount we remit to your building management, and in that case you must contact your building management directly to inquire about the status of your e-gift. You agree that all fees and surcharges are non-refundable regardless of whether the e-gift delivery is successful. It is the building worker’s responsibility to provide and update all information necessary for them to receive your e-gifts, and their failure to provide accurate and complete information may result in our inability to deliver the e-gift, or misdelivery of the e-gift. We are not responsible for any loss you incur as a result of your failure or the building worker’s failure to provide complete and accurate information for us to complete We may make adjustments to any e-Gift before it is claimed or withdrawn by the recipient. the transaction, and this may change the amount of the monetary portion of any e-Gift that you attempt to send. You acknowledge and agree that we may share fees we receive in connection with providing the TippingLink service with any third party with which we have an agreement to market and administer TippingLink.
  
  
• Taxes. If applicable, you are solely responsible for determining, reporting, filing, and remitting any tax obligation you incur in connection with your use of the TippingLink Service.
  
  
• BuildingLink as Agent: You agree that all payments in connection with the TippingLink service are made to BuildingLink (or, as applicable, its third-party payment processor), as agent of the eligible building workers or building, as applicable. Payments received by BuildingLink or its payment processor constitutes payments received by the eligible building worker or building, and you are not obligated to make separate payments to the eligible building worker for the amount that you remit to, and is received by, BuildingLink or its payment processor.

Terms below apply if you are a building employee: TippingLink allows you to receive e-gifts (including tips and custom ecards) from residents of the building you service. To become eligible for the TippingLink service, your building must register you on the TippingLink platform. You and your building must successfully complete our onboarding process, by providing all information and documents we request from you and your building, and verifying your eligibility to use the TippingLink service. We may deny, restrict, or terminate your access to TippingLink for any reason, in our sole discretion.

• Linking Your Payout Method: To receive e-gifts through TippingLink, you must link a valid bank account or other payout method we support (“Payout Method”) to your TippingLink platform account. If we notify you that a resident has sent you an e-gift, you must use the TippingLink platform to request and authorize the transfer of any monetary e-gift to your Payout Method. The Payout Method must be U.S. bank account, or another method we agree to support, and you must own and be authorized to use the account for the purposes described in these Terms. You authorize us to verify your Payout Method by any reasonable means, including by making a small charge, deposit, and withdrawal from your Payout Method, or verifying information about your Payout Method with the issuing financial institution or payment network. It is your responsibility to provide complete and accurate information about your Payout Method. If your Payout Method expires or any information you have provided is no longer accurate, you must immediately notify us and update the information about your Payout Method. Your failure to provide and maintain complete and accurate information about your Payout Method may result in non-delivery or mis-delivery of funds to you, and we disclaim any and all liability for any losses you may incur as a result of your failure to provide and maintain complete and accurate information to us at all times. We may change the Payout Methods we support at any time.
  
  
• Receiving Monetary E-Gifts. When a building resident sends you an e-gift, we will either (i) send any monetary portion of your e-gift, such as a tip or cash gift, to your linked Payout Method, or (ii) hold the monetary portion of your e-gift until you claim and redeem it. You are solely responsible for accessing the Service and completing all requirements necessary to claim and redeem your e-gift, and we have no obligation to remit any monetary portion of an e-gift to you until you complete these requirements. You hereby authorize us and our payment processor to credit your Payout Method in the amount of any monetary portion of the e-gift. You also authorize us to debit or credit your Payout Method to correct any errors. If we are not able to deliver funds to your Payout Method for any reason, we may temporarily delay the delivery of those funds to you until you have corrected the condition as necessary for us to complete delivery of your funds. If we are not able to deliver funds to you within thirty (30) days after a building resident sends you the e-gift, we may, at our option, and you authorize us and our payment processor to, deliver such unclaimed amount either (i) to the building with which your PaymentLink account is associated; or (ii) return the amount back to the building resident who sent the gift. If we deliver funds to the building, the building will be solely responsible for distributing such amount to you. You agree that we may disclose information about the e-gifts sent to you to your building’s management. You agree that we are not liable to you for any amount we deliver to your building management. If we are unable to deliver an e-gift to you or to your building’s management, despite our reasonable efforts, we may reclaim the e-gift and you forfeit any right to receive the e-gift.
  
  
• Appointment of BuildingLink as Agent: You authorize and appoint BuildingLink as your agent for the limited purpose of receiving, holding and settling payments from building residents as a gift or as gratuity for your service, and will hold out BuildingLink as your agent for accepting payments on your behalf in connection with receiving e-gifts from building residents. You agree that a payment received by BuildingLink or its payment processor from an resident, on your behalf, satisfies the resident’s payment obligation to you, if any, in the amount of the payment received by BuildingLink or its payment processor, regardless of whether BuildingLink causes such payment to be remitted to you.
  
  
• Taxes. You are solely responsible for determining, reporting, filing, and remitting any tax obligation you incur in connection with your receipt of e-gifts through the TippingLink Service.

Disclaimer. We disclaim any and all responsibility for the nondelivery of e-gifts which may occur for reasons other than our clear error or gross negligence. This may occur, for example, if either the resident or building worker fails to provide valid Payout Method or Payment Method information, a Payment Method or Payout Method expires, your wages and other payments made in connection with your work for the building are garnished or seized by legal process, a resident disputes or stops a payment for an e-gift, an error by your financial institution or payment service, failure by the building worker to claim and redeem the e-gift by any stated deadline, our requirement to escheat abandoned property to a state authority, or we remit payment to the building and the building fails to deliver funds to the building worker.

Amendments. We may change these Terms at any time by posting an updated version of these terms to our website, or presenting them to you when you make a transaction. By using the service following our disclosure or posting of the updated Terms, you agree to abide by these Terms, as amended.