Let's Domino

Domino Terms of Use

IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: SECTIONS 23 THROUGH 27 OF THESE DOMINO TERMS PROVIDES THAT CERTAIN CLAIMS BETWEEN YOU AND DOMINO WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND WILL NOT BE DECIDED BY A JURY OR JUDGE. YOU HAVE THE RIGHT TO OPT OUT OF THIS PART OF THE DOMINO TERMS BY SENDING US THIS FORM FULLY COMPLETED IN ACCORDANCE WITH SECTION 27, WITHIN 90 DAYS OF AGREEING TO THESE DOMINO TERMS. WHEN YOU OPT OUT UNDER THE DOMINO TERMS, YOUR OPT OUT WILL ALSO APPLY TO THE PROCESSOR TERMS.

PLEASE READ THESE DOMINO TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF CLAIMS, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Last Updated: February 3, 2021

1. Introduction

Domino, a DBA of Timber Ridge Capital, LLC ("Timber Ridge Capital, LLC", "we", "us", or "our"), offers a social payments network for individuals and businesses (the “Services”), where you can make transactions using the Payment Services provided by our third-party processors. These services are accessible via the web at letsdomino.io, through our mobile, tablet, or other smart devices, and through application program interfaces (collectively, the “Domino Services”). These Terms of Use ("Domino Terms"), are an agreement between you and Timber Ridge Capital, LLC, not just the Domino brand. This distinction clarifies that while you interact with the Domino Services, your legal relationship is with Timber Ridge Capital, LLC.

Pay Money – Send money to a friend
Request Money – Quickly and easily request money from one or more friends

You may use the Services on the web where made available, such as letsdomino.io, or any other websites through which Domino makes the Domino Services available, including sub-domains, co-branded pages, and international versions (collectively, the “Site”) and as an application for mobile, tablet or other smart devices and application program interfaces (collectively, the “Application”). The Services, Site and Application are collectedly the “Domino Services”. The Payment Services are not provided by Domino and are not a part of the Domino Services. We further describe the Domino Services on the Services, Site, and Application.

These Terms of Use (“Domino Terms”) are between you and letsdomino.io, Inc (hereinafter referred to as "Domino", "we", "us", or "our"). Processors handle any and all payments, payouts and related payment services through the Domino Services (“Payment Services”). Payment Services provided by the Processors and your use of the Payment Services through the Domino Services are subject to the Domino Processor Terms.

Business Days means Monday through Friday, excluding Holidays.

Chargeback means a request that a Payor files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a Transaction.

Collective Content means User Content and Domino Content.

Content means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

Contributor means a type of Payor that initiates a Transaction to a Payee in connection with the Payor receiving a good or service.

Designated Country means the country that the Domino Services Domino associates with to your Domino Account. Normally, when you register while located in one country, that country is then your Designated Country.

Dispute means a contention of a Domino User submitted to Domino for resolution.

Holiday means a national holiday for your Designated Country and days in which the relevant Processors or banks are closed.

Organizer means a type of Payee that receives a Transaction from a Payor in connection with that Payor receiving a good or service.

Payee means a person that is designated by the Payor to receive a Transaction on the Domino Services.

Payor means a Domino User that initiates a Transaction on the Domino Services.

Processor means the payment service providers that are made available to processes, hold and disburse Transactions in connection with different parts of the Domino Services as provided in the Processor Terms.

Pre-Authorization means a Payor’s express authorization to make Payor’s funds available from Payor’s Payment Method for a Transaction to the Payee, which Payee can collect from Payor upon understood conditions being satisfied, if any, and until the Payee captures and settles the Transaction.

Payment Method means the payment method that the Domino Services make available to a Domino User and that the Domino User has provided the information for to their Domino Account, such as a credit card, debit card or other means of payment.

Reserve means an amount or percentage of the funds received in connection with your Account that Domino or Processors hold in order to protect against the risk of Reversals, Chargebacks, or any other risk, exposure and/or liability related to your Account and/or use of the Domino Services.

Tag and Tagging means when a Domino User identifies a person or provides a person’s contact information on the Domino Services so that that third party will be invited to partake in a specific Transaction or to join the Domino Services.

Tax and Taxes mean any sales taxes, value added taxes (VAT), or other goods and services taxes (GST) that Payees may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

Domino Account means your personal account registration with Domino, through which you can use the Domino Services.

Domino Content means all Content that Domino makes available through the Domino Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Domino User Content.

Domino User means a person that has created a Domino Account.

Transaction means a specific instruction to send money through the Payment Service, a pledge to pay money through the Payment Service upon enough pledges being made to meet the minimum set by the Payee, and authorizations provided for in these Payment Terms.

User Content means all Content that a Domino User posts, uploads, publishes, submits, transmits, or includes in their campaign or Transaction, Domino User Account or Domino promotional campaign made available through the Domino Services.

2. Terms of Use

By using the Domino Services, you agree to comply with and be legally bound by the terms and conditions of these Domino Terms, whether or not you create a Domino Account. These Domino Terms govern your access to and use of the Domino Services and all Collective Content, and your participation in the Referral Program, and constitute a binding legal agreement between you and Domino. Please also read carefully our Privacy Policy for your applicable Designated Country.

YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE Domino SERVICES, YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE Domino TERMS. IF YOU DO NOT AGREE TO THESE Domino TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE Domino SERVICES. If you accept or agree to these Domino Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Domino Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

In agreeing to these Domino Terms, you are also agreeing to be bound by the following terms, policies and guidelines.

Processor Terms

Community Guidelines

Organizer Guidelines

Contributor Guidelines

Acceptable Use Policy

3. Modification

Domino reserves the right, at its sole discretion, to modify the Domino Services or to modify these Domino Terms at any time and without prior notice. If we modify these Domino Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Domino Terms. By continuing to access or use the Domino Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Domino Terms. If the modified Domino Terms are not acceptable to you, your only recourse is to cease using the Domino Services.

Your ability to opt-out of future modifications to the arbitration clauses, however, is different and is stated in in Section 27.

4. Eligibility and Your Domino Account

To be eligible to use the Domino Services you must be 18 years or older and create a Domino Account with a cellular/wireless telephone number that you own. You may also initiate account registration by connecting to your Facebook account, however, we will still need additional information to create your Domino Account. As further detailed in our Processor Terms and Privacy Policy, in order to register, create and use a Domino Account, Domino may require that you submit certain information, including but not limited to your name, email address, text-enabled cellular/wireless telephone number, street address or zip code, date of birth, and social security number. During the registration process, or when you access the Domino Services from a phone, your phone's device ID is also stored. You agree that the information you provide to Domino upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this information with us as necessary.

By granting Domino access to your Facebook account, you understand that Domino will access, make available and store (if applicable) any Content that you have provided to and stored in your Facebook account ("Facebook Content") so that it is available on and through the Domino Services. Unless otherwise specified in these Domino Terms, all Facebook Content, if any, will be considered to be Domino User Content for all purposes of these Domino Terms. Personally identifiable information that you post to your Facebook account may be available on and through your Domino Account and on the Domino Services, depending on your privacy settings on Facebook and Domino. Please note that if Facebook or associated service becomes unavailable or Domino’s access to your Facebook account is terminated by Facebook, then Facebook Content may no longer be available on and through the Domino Services.

You’re responsible for all activities that occur under your Domino Account. You acknowledge, consent and agree that anyone you authorize to use your Domino Account may use the Domino Services on your behalf and that you will be responsible for any actions made by such person. Domino isn’t liable for any loss, damage, or other consequences as a result of your or someone else’s use of your Domino Account. You should keep your log-in credentials confidential and never share them with a third party. You will immediately notify Domino of any unauthorized use of your Domino Account.

5. How the Domino Services Work

The Domino Services provides an online social community, which can be used along with the Payment Services. The Payment Services are provided by the Processors. Domino is not a bank, a money transmitter or a money services business (“MSB”) and Domino does not offer banking, money transmission or MSB services. Unless explicitly stated otherwise in these Domino Terms or the Processor Terms, Domino’s responsibilities are limited to making available the Domino Services. See the Processor Terms for more on the Payment Services and Processors.

Domino IS NOT RESPONSIBLE FOR THE PAYMENT SERVICES. Domino IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL TRANSACTIONS. ACCORDINGLY, ANY TRANSACTIONS WILL BE MADE OR ACCEPTED AT THE Domino USER’S OWN RISK.

5.1 Send Money

You may send money to a Payee using Send Money, whether they have a Domino Account at the time or not. However, there are limitations on whom you can send money to and there are conditions on the Payee’s ability to receive that money (see FAQ on Send Money Payee Conditions).

If the Payee is not a Domino User, the Payee will be required to create a Domino Account and provide their personal and payout information to claim the money you sent. Upon Payee providing the required information and satisfying compliance and other checks, Processor will initiate a payout that or the following Business Day.

For up to 30 days from the date of the Payor initiating a Send Money Transaction, the Processor may pre-authorize a Payor’s funding source. Once the Payee has successfully registered as a Domino User and provided valid payout information for an available Payout Method, the send money Transaction will be settled from Payor’s funding source to be sent to the Payee.

If the Payee does not create a Domino Account and add their payout information within the 10-day period or they reject the Transaction, the Processor may cancel the Transaction and will then refund any applicable amounts to the original funding source.

If the Payee does not or cannot accept the Transaction through the Domino Services, you agree that you will not hold Domino liable for any damages resulting from Payee's decision. You may not Send Money to a Domino Account you control.

5.2 Request Money

You can request money from one or multiple persons. Each payment from a Payor will be sent to you independent of when other persons from whom you requested money pay. Payouts will be initiated by Processor each Business Day.

5.3 Organize/Collect, Sell Something & Domino Pro

Domino Users can create an Organize/Collect, Sell Something or Domino Pro campaign to crowdfund and sell goods or services.

Organizers have responsibilities and duties to their Contributors. Please review our Organizer Guidelines. In a nutshell, Organizers must be honest and upfront at all times and make best efforts to fulfill their promises to Contributors.

Contributors have responsibilities and duties, too, so please take a look at our Contributor Guidelines.

If you’re a Contributor, you make payments to an Organizer at your own risk. Unforeseen or other events may prevent an Organizer from providing goods, services or rewards exactly as promised. If things go awry, please be understanding and consider cutting the Organizer some slack. At the end of the day, though, it’s the Organizer’s responsibility, not Domino’s.

6. Tags & Invites

You can tag or invite a person to engage in a Transaction using the Payment Services through the Domino Services, whether the person is a Domino User or not. When you tag or invite someone, whether they are a Domino User or not, you are instructing Domino to send the person a message using the contact information you provided for them (text message for a cell number and/or email for an email address) according to these Domino Terms and our Privacy Policy.

7. No Endorsement

Domino does not endorse any Domino User or Transaction. Domino Users are required by these Domino Terms to provide accurate information. Although Domino may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Domino Users and/or screen Domino Users information against third party databases or other sources as provided in the Processor Terms, Domino does not make any representations about, confirm, or endorse any Domino User or the Domino User’s purported identity or background.

By using the Domino Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Domino Users or other third parties will be limited to a claim against the particular Domino User or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Domino with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Domino Users on the Domino Services regarding any Transaction.

8. Processors & Payment Services

Domino enables Domino Users to access and use Payment Services provided by Processors. Domino does not offer the Payment Services. Domino merely communicates a Domino User’s Transaction instructions, subject to the Terms of these Domino Terms and the Processor Terms, to the relevant Processor.

Domino may not provide Transaction instructions to Processors beyond certain Transaction limits (see our FAQ on Send Money Transaction Limits). These Transaction limits may be adjusted up or down, over time, for any reason (including but not limited to limit fraud or credit risk).

9. Domino Fees

The Domino Fees are listed on the letsdomino.io fees page and the Domino Pro pricing page, with all fees being non-refundable. We will not change our fees for a campaign already in progress, but may do so for existing and prolonged business campaigns, such as a Sell Something or Domino Pro campaign, with 90 days prior written notice.

Domino only charges the Domino Fees to Payees and Payors for a Transaction when the Transaction is processed and funds are captured from the Payor. At that point, Domino instructs the relevant Processor to deduct the Domino Fees from the Transaction and disburse the Domino Fees to Domino.

We have no right to any funds transacted through the Domino Services, except for Domino Fees (explained above) or as otherwise specifically provided in these Domino Terms and Processor Terms.

10. Taxes

You are responsible for determining your Tax obligations for your Transactions using the Payment Services, as Payor and Payee, and it is your responsibility to collect, report and remit the correct Tax to the appropriate tax authority. Domino is not responsible for determining whether Taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

11. Your Refund Policy and Privacy Policy

We recommend that when you sell goods and services through Domino that you publish a return policy and a privacy policy on your applicable campaign or website.

12. Text Messaging & Mobile Data

Domino Users may use the Domino Services to send you text messages from time to time. By signing up to use the Domino Services, you acknowledge and agree that Domino does not send or initiate such text messages sent to you by a Domino User. Further, by signing up to use Domino, you agree to receive voice calls and text messages about the Domino Services from us via automatic telephone dialing system and artificial/pre-recorded message at the telephone number you provided as part of your profile on the Domino Services. If you don't want to receive these calls and texts, just indicate so in your Domino Account or email us at happiness@letsdomino.io. You understand that your consent to receive communications in this way isn’t required as a condition to using the Domino Services.

You may also wish to send text messages to other Domino Users through the Domino Services. You acknowledge and agree that you, and not Domino, are sending and initiating such text messages. You represent and warrant that every person to whom you send a text message through the Domino Services has given you written consent to receive such messages.

If you use the Domino Services on your mobile phone, you are responsible for any fees that your phone service provider charges for text messaging, data services, etc.

14. Prohibited Activities

In connection with your use of the Domino Services, or in the course of your interactions with Domino, a Domino User or a third party, you will not:

Use the Domino Services or Payment Services contrary to these Domino Terms, Processor Terms, Community Guidelines, Organizer Guidelines, Contributor Guidelines, Acceptable use Policy or any other Domino policies or guidelines.
Breach any law, statute, contract, or regulation (including, without limitation, those governing financial services including anti-money laundering, consumer protections, unfair competition, anti-discrimination and false advertising);
Infringe Domino’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Act in a manner that is obscene, defamatory, libelous, unlawfully threatening or unlawfully harassing;
Provide false, inaccurate or misleading information to Domino or through the Domino Services;
Fail to provide us with further information about you or your business activities that we may reasonably request;
Send or receive what we reasonably believe to be potentially fraudulent or unauthorized funds;
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
Use an anonymizing proxy;
Control a Domino Account that is linked to another Domino Account that has engaged in any of these restricted activities;
Control or possess more than one Domino Account without authorization from Domino;
Conduct your business or use the Domino Services in a manner that results in or may result in complaints, Disputes, claims, Reversals, Chargebacks, fees, fines, penalties and other liability to Domino, a Processor, a Domino User, a third party or you;
Use the Payments Service to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;
Cause Domino to receive a disproportionate number of claims that have been closed in favor of the claimant regarding your Domino Account or business;
Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the Domino Services;
Use your Domino Account or the Domino Services in a manner that Domino, Visa, MasterCard, American Express or our bank acquirer and/or Processors reasonably believe to be an abuse of the bank’s reversal process, credit card system or a violation of credit card association rules;
Have a valid invoice issued by Domino which is outstanding for more than 30 days;
Undertake activity that does or may present to Domino Users a credit or fraud risk, a sudden increase in exposure, or a significant or otherwise detrimental level of exposure (as Domino reasonably believes based on the information available to it);
Use a credit card with your Domino Account to provide yourself with a cash advance (or help others to do so);
Access the Domino Services from a country that Domino does not normally provide services;
Disclose or distribute another Domino User’s Information to a third party, or use the information for marketing purposes unless you receive the Domino User’s express consent to do so;
Send unsolicited email to a Domino User or use the Domino Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
Spam Tagging or invitations to Domino Users or third parties;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with any of the Domino Services;
Take any action that may cause us to lose any of the Domino Services from our internet service providers, Processors, or other suppliers;
Use the Service to test credit card behaviors;
Reveal your Domino Account password(s) to anyone else, nor may you use anyone else's password. We are not responsible for losses incurred by you including, without limitation, the use of your Domino Account by any person other than you, arising as the result of misuse of passwords;
Do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of the Domino Service or activities carried out as part of the Domino Services or otherwise than in accordance with these Domino Terms;
Allow your use of the Domino Service to present to Domino or Processors a risk of non-compliance with each parties respective anti-money laundering, counter terrorist financing and similar regulatory obligations (including, without limitation, where your identity cannot be verified or where you expose Domino or Processors to the risk of any regulatory fines by European, US or other authorities for processing your transactions);
Integrate or use any of the Domino Services without fully complying with all mandatory requirements communicated to you by way of any integration guide or other documentation provided by Domino from time to time;
Using a Domino Account or the Domino Services in a manner in which they were not intended by Domino.

You agree that engaging in the above Prohibited Activities diminishes your or other Domino User’s safe access and/or use of your Payment Method, Payout Method, Account or the Domino Service generally.

15. Domino’s Intellectual Property and Other Rights

15.1. Domino Intellectual Property and Branding

The Domino Services and the Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Domino Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Domino and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Domino Services or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Domino used on or in connection with the Domino Services and Domino Content are trademarks or registered trademarks of Domino in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Domino Services and Domino Content are used for identification purposes only and may be the property of their respective owners. As a Domino User you understand and agree that you are bound by the additional terms, guidelines and policies that apply to your use of the Domino Services and Collective Content, including Domino Brand Guidelines, as may be updated from time to time.

15.2 Application License

Domino and its licensors grant you a limited, nonexclusive and non-transferable license to use the Domino Services that we provide to you solely in accordance with these Domino Terms and any user documentation we may provide, including all updates, upgrades, new versions and replacements of the Domino Services (all of which become part of the Domino Services) for your personal use only in accordance with these Domino Terms. If the Application is downloaded to a mobile device, this license extends to your use of the Application on a device that you own or control, as long as your use is permitted by the usage rules set forth for your particular device (for example, the Apple App Store Terms of Use). You may not rent, lease or otherwise transfer your rights in the Application to a third party. You must comply with the implementation and use requirements for the Application contained in these Domino Terms or in any Domino Services documentation we provide to you. If you do not comply with such implementation and use requirements, you will be liable for all resulting damages suffered by you, Domino or any third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Domino Services. You acknowledge that all rights, title and interest to Domino Services are owned by Domino. Your rights to use the Application cease immediately upon termination of the agreement under this Domino Terms and you must delete all of your copies of the Application.

You agree that Domino software that you download, such as the Application, may automatically download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop that software.

15.3. User Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Domino Services or through Domino promotional campaigns, you hereby grant to Domino a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Domino Services and Payment Services. Domino does not claim any ownership rights in any such User Content and nothing in these Domino Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Domino Services or through Domino promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Domino Services or through Domino promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Domino the rights in such User Content, as contemplated under these Domino Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Domino’s use of the User Content (or any portion thereof) on, through or by means of the Domino Services or Domino promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

15.4. Domino Content and User Content License

Subject to your compliance with these Domino Terms and Domino's Brand Guidelines, Domino grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Domino Content solely for your personal and non-commercial purposes and (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Domino Services or Collective Content, except as expressly permitted in these Domino Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Domino or its licensors, except for the licenses and rights expressly granted in these Domino Terms.

15.5. Subdomains & URLs

Domino may provide you with temporary use of a subdomain or URL paths or pages on the Domino Services. You don’t obtain rights of any kind in or to the subdomain or URL paths or pages. We may withdraw the availability of a subdomain and URL paths and pages at any time. You will hold us harmless for any and all use of the subdomain or URL paths and pages and any services or Content in relation to it.

16. Copyright Takedown Notices and Counter Notices

Domino complies with the Digital Millennium Copyright Act. It is Domino's policy, in appropriate circumstances and at Domino’s sole discretion, to disable the accounts of users who repeatedly infringe the copyrights or other intellectual property rights of others. To learn more, please visit our Copyright Policy. If you believe someone is infringing your trademarks, please also follow the procedures in our Copyright Policy.

17. Links

The Domino Services may contain links to third-party websites or resources. You acknowledge and agree that Domino is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Domino of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

18. Termination and Service Availability

18.1 Terminating your own Account

You can terminate this agreement under the Domino Terms and Processor Terms by clicking the “Delete Account” button in your privacy settings using our Site (may not be available on the Applications).

After you delete your Domino Account, your profile page will no longer be visible on the Domino Services. However, we retain your User Content and the rights to use that content as described in these Domino Terms after you disable your Domino Account or termination our agreement under these Domino Terms. For example, Domino User Transactions to campaigns to which you were the Payee will still appear in the Payor’s Transaction history and be visible to others as it normally would. We may also retain information as required by law or regulation, the Processors, or our own retention practices.

You cannot delete your Domino Account to evade a Transaction investigation. If you attempt to close your Domino Account while Domino is conducting an investigation, we will keep your Domino Account open for reasonable time until the investigation is complete. Domino will inform the relevant Processors of the requested account deletion and the ongoing investigation, which may result in the Processor or Domino UK, as applicable, placing a Reserve on your Domino Account or refunds or Reversal of all Transactions not disbursed to you.

18.2. Service Availability

Domino reserves the right to refuse use of the Domino Service to anyone and to reject, cancel, interrupt, remove or suspend any part of the Domino Services or Transactions at any time for any reason without liability. You remain liable under these Domino Terms and the Processor Terms in respect of all charges and other amounts incurred through the use of your Domino Account at any time, irrespective of termination, suspension or closure.

Without limiting the foregoing, if Domino has reason to believe that you have engaged in any restricted activities, made excessive or unexplainable Transactions with the Processors, violated any parts of these Domino Terms, we may take various actions to protect Domino, a Domino User, a third party, or you from Reversals, Chargebacks, Disputes, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

Close, suspend, or limit your access to your Domino Account, the Domino Services or the Payment Services. We will normally give you advance notice of any suspension or cancellation but we may, if it is reasonable to do so (for example if you are in breach of these Domino Terms or we consider it advisable for security reasons), suspend or cancel your right to use a Payment Method or Domino Account without prior notice to you;
Modify or remove your User Content at any time if we reasonably suspect it violates these Domino Terms or Processor Terms;
Refuse for the Domino Services to be used in connection with any particular Transaction at any time for any reason and will only be required to make available the fact of the refusal and the reasons for the refusal and how you may resolve the problem, where possible, upon request and provided it is not prohibited by law;
Recommend a Processor institute a Reserve on your Domino Account with them or to take other actions;
Contact Payors that sent you money, contact your bank or credit card issuer, and warn other Domino Users, law enforcement, or impacted third parties of your actions;
Refuse to provide our Domino Services to you in the future;
Take legal action against you.

When you delete your Domino Account or Domino terminates your access or availability to the Domino Services, the Processors will refund any Transactions from you or to you that have not yet been disbursed to the Payee and Domino will end all campaigns that are still active (meaning that they have not ended or there are still people that have not completed a transaction you requested they complete) and refund or Reverse any Transaction that had not been sent to the Payee.

18.3. Survival

If you or we terminate these Domino Terms, the clauses of these Domino Terms and the Processor Terms that reasonably should survive termination will remain in effect.

18.4. Abandoned Accounts

If you don’t log in to your Domino Account for two or more years, we may disable your Domino Account and terminate this agreement without further notice.

If this agreement is terminated (whether by us or by you), we will disable your Domino Account and inform the Processors so they can, as appropriate and set out in their terms of service, refund or forward any remaining funds to your primary address (if we have it), as applicable.

19. Warranties and Disclaimers

YOUR USE OF THE Domino SERVICES IS AT YOUR SOLE RISK. THE Domino SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Domino EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND ANY WARRANTIES THAT MAY BE IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

DOMINO IS NOT LIABLE FOR THE CONSEQUENCES OF YOU CHOOSING TO SHARE ANY PAYMENT DETAILS ON SOCIAL MEDIA OR WITHIN THE Domino SERVICES, AND YOU AGREE TO HOLD DOMINO HARMLESS AND INDEMNIFY DOMINO FROM ANY LIABILITY arising from the actions or inactions of any external social media network in connection with the permissions you grant to the external social media network.

Domino doesn’t represent, warrant, or guarantee the accuracy, completeness, or usefulness of the Domino Services, and you rely on the Domino Services at your own risk. Any material transmitted, accessed, or stored through use of the Domino Services is done at your own discretion and risk and you are solely responsible for any damage or loss of data that results from the transmission, access, or storage of any material through the Domino Services. No advice or information, whether oral or written, obtained by you from Domino or through or from the Domino Services creates any warranty not expressly stated in these Domino Terms. Some jurisdictions don’t allow the disclaimer of implied warranties in contracts, so the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

20. Indemnity

You agree to defend, indemnify, and hold harmless Domino and Domino subsidiaries and our officers, directors, agents, partners, and employees from any and all claims, damage, loss, liability, cost, and expenses (including attorney and professional fees) resulting from any demand, claim, investigation, or proceeding arising out of, related to, or in connection with the following, without limitation: (A) your use of the Domino Services, (B) your breach of these Domino Terms, or of any representation or warranty contained herein, (C) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right, (D) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities, or (E) any misrepresentation made by you. Domino will give you notice of any such matter; however, any failure or delay by us doesn’t negate your defense or indemnification obligations or waive Domino’s rights to seek payment for defense or indemnification from you. We reserve the right to assume the exclusive defense and control of any matter that is subject to defense or indemnification, and you agree to cooperate fully in the defense of any such claim, demand, investigation, proceeding, or matter. You will not settle any claim that affects Domino or any of the parties listed above without Domino’s prior written approval.

21. Limitations of Liability

IN NO EVENT WILL DOMINO PAYMENT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE PROCESSOR TERMS AND YOUR USE OF THE DOMINO SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR ACCESS TO, USE OF, INABILITY TO ACCESS OR INABILITY TO USE THE DOMINO SERVICES OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY INTERACTION WITH ANY OTHER DOMINO USERS, EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT OF SERVICE FEES YOU PAID DOMINO IN DIRECT CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOMINO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

If you have a dispute with any user, including, but not limited to, any Payee or Payor, arising out of, in connection with, or regarding your or their use of the Domino Services, you agree to release Domino (and our parent, our affiliates and our and their respective officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such Claims. You expressly waive any protections of any state or territory (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

If you are a California resident, you acknowledge that you have read and understand, and expressly waive, the benefits of California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

22. Governing Law And Claims

These Domino Terms and your use of the Payment Services will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Arbitration, Class Action Waiver and Trail Wavier provisions below. Unless otherwise stated, the Arbitration, Class Action Waiver and Trial Waiver provisions survive any termination of these Domino Terms.

23. Arbitration

You and Domino each agree that any and all disputes or claims that have arisen or may arise between you and Domino, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory (collectively, “Claims”) will be settled by final and binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction (meaning the following things don’t have to be arbitrated) to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

23.1. Arbitration Rules

You and Domino agree to submit the Claim to a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (AAA), including the Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules, except as modified by this “Arbitration” Section.

23.2. Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

23.3. Arbitration Location and Procedure

Unless you and Domino otherwise agree, the arbitration will be conducted in the AAA location closest to your residence. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Domino submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The parties are also permitted to seek relief in a small claims court for dispute or claims within the scope of the small claims court’s jurisdiction.

23.4. Arbitrator's Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award, unless the relief provided is less than $5,000, in which case the arbitrator will only identify the amount of the award and the party it is awarded to. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Domino will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration in relation to a Demand that the arbitrator did not find to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

23.5. Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules; however, if your total damages award does not exceed $25,000, Domino will pay all such administrative and arbitrator fees.

23.6. Opt-In Implications

If you opt out of the arbitration agreement (as provided below), or if the arbitration agreement is found to be unenforceable, or if you neither are a resident nor have a principal place of business in the United States, you agree to resolve any Claim you have with Domino exclusively as provided above in this Sections 22 (Governing Law and Claims), 25 (Class Action Waiver) and 26 (Trial Waiver).

24. Arbitrator Will Decide Arbitrarily

The Federal Arbitration Act governs the arbitrarily of all Claims between you and Domino. The arbitrator will decide whether the Claim can be arbitrated. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

25. Class Action Waiver

You and Domino agree that each may bring a Claim against the other only in an individual capacity and not on behalf of any class of people. You and Domino agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated Claims involving another person’s account. You and Domino agree not to combine a Claim subject to arbitration under these Domino Terms with a Claim that is not eligible for arbitration under these Domino Terms.

If this prohibition against class actions and other Claims brought on behalf of third parties is found to be unenforceable, then the arbitration agreement in Section 23 and 24 will be null and void.

26. Trial Waiver

You and Domino agree to waive the right to and to not seek a trial by jury for all Claims.

27. Your Right to Opt Out of Arbitration

You may opt out of the agreement to arbitrate. If you do so, neither you nor Domino can require the other to participate in an arbitration proceeding under these Domino Terms or the Processor Terms. To opt out, you must notify Domino within 90 days of the date that you agreed to these Domino Terms or future updated terms. You can submit your notice either by mail or online by sending us this form fully completed.

To opt out, send your written opt-out notice to this email address: optout@letsdomino.io

Your written opt-out notice must include (1) your name and residence address, (2) the email address and/or mobile telephone number associated with your account, (3) a clear statement that you want to opt out of this arbitration agreement, and (4) your signature.

If Domino modifies provisions in the “Arbitration" section after the date you first accepted these Domino Terms (or accepted any subsequent changes to these Domino Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Domino’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and Domino in accordance with the previous applicable provisions as of the date you first accepted these Domino Terms (or accepted any subsequent changes to these Domino Terms), unless you previously opted out of arbitration.

28. Expiration of Claims

To the extent permitted by law, you agree to file any claim you may have against Domino within one year after such claim arose. Otherwise, your claim is permanently barred.

29. Geographic Restrictions

You agree to comply with all laws, restrictions, and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act Export Laws, you warrant that you are: (a) not a citizen of, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the export laws from receiving such products and information.

30. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Domino Services and Payment Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Domino and you hereby irrevocably assign to Domino and agree to irrevocably assign to Domino all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Domino’s request and expense, you will execute documents and take such further acts as Domino may reasonably request to assist Domino to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

31. Additional Products and Terms

Certain Domino Services or new or different products and services offered by Domino from time to time may have different terms and conditions posted or require you to agree with and accept additional terms and conditions. If additional terms are required for any Domino Service or other product or service, Domino will provide you those additional terms and conditions at the time the Domino Services or other product or service is offered or made available to you. If there is a conflict between these Domino Terms and terms and conditions posted for a specific Domino Service or other product or service, the latter terms and conditions will take precedence with respect to your use of or access to that Domino Service or other product or service.

32. Survival

In the event of termination under these Domino Terms, the terms in these Domino Terms that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.

33. Third Party Beneficiary

These Domino Terms do not and are not intended to confer any rights or remedies upon any person other than Domino, Domino Users and Payees at the time of the Transaction.

34. Notices

35. Independent Contractors

The parties agree they are independent contractors to each other in performing their respective obligations under these Domino Terms. Nothing in these Domino Terms or in the relationship established and developed hereunder shall be deemed or is intended to be deemed, nor shall it cause, the parties to be treated as partners, joint venturers, or otherwise as joint associates for profit.

36. Entire Agreement

Except as they may be supplemented by additional Domino policies, guidelines, or terms for a specific product, feature, service or offering, these Domino Terms constitute the entire and exclusive understanding and agreement between Domino and you regarding the availability of the Domino Services, and these Domino Terms supersede and replace any and all prior oral or written understandings or agreements between Domino and you regarding such.

37. Assignment

You cannot transfer any of your rights or obligations under these Domino Terms to anyone else without our prior written consent. To the extent permitted by applicable law, we may freely assign all of our rights and obligations under these Domino Terms in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. These Domino Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

38. Release of Company

If you have a dispute with or make a Claim against one or more Domino Users relating to a Transaction, Domino is not responsible for any such dispute or Claim and you hereby release Domino (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes and Claims.

39. Force Majeure

We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our reasonable control, whether or not similar to those enumerated herein.

40. Miscellaneous

Domino’s failure to enforce any right or provision of these Domino Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Domino. Except as expressly set forth in these Domino Terms, the exercise by either party of any of its remedies under these Domino Terms will be without prejudice to its other remedies under these Domino Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Domino Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Domino Terms will remain in full force and effect. The section divisions and headings in these Domino Terms are for convenience of reference only and are not to be considered as parts, provisions or interpretations of these Domino Terms. Nothing in these Domino Terms shall prevent us from complying with the law.

CONTACT INFORMATION

support@letsdomino.io