This user agreement will be effective for all users as of October 1, 2019.
We’re Skipify! It’s nice to meet you.
This user agreement is a contract between you and Skipify governing your use of your Skipify account and the Skipify services. It applies to U.S. Skipify accounts only. If you are an individual, you must be a resident of the United States or one of its territories and at least 18 years old, or the age of majority in your state of residence to open a U.S. Skipify account and use the Skipify services. If you are a business, the business must be organized in, operating in, or a resident of, the United States or one of its territories to open a U.S. Skipify account and use the Skipify services.
By opening and using a Skipify account, you agree to comply with all of the terms and conditions in this user agreement. The terms include an agreement to resolve disputes by arbitration on an individual basis. You also agree to comply with the following additional policies and each of the other agreements on the Legal Agreements page that apply to you:
Please read carefully all of the terms and conditions of this user agreement, terms of these policies and each of the other agreements that apply to you.
We may revise this agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities we will post a notice on our website and provide you at least 21 days advance notice for personal accounts and at least 5 days advance notice for business accounts. By continuing to use our services after any changes to this user agreement, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.
We offer two types of Skipify accounts: personal Skipify accounts and business Skipify accounts, both covered by this user agreement.
Skipify lets you do things like:
You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, or any other codes that you use to access your Skipify account and the Skipify services. You must keep your mailing address, email address and other contact information current in your Skipify account profile.
If you primarily need to make purchases, a personal Skipify account is probably right for you. With a personal Skipify account you can do things like:
We recommend business Skipify accounts for people and organizations that primarily use Skipify to sell goods or services or accept donations, even if your business is not incorporated. With a business Skipify account, you can do things like:
Business Skipify accounts may be subject to fees that differ from the fees applicable to personal accounts.
By opening up a business Skipify account or converting a personal Skipify account to a business Skipify account, you certify to us that you are using it primarily for a business or commercial purpose. You also consent to Skipify obtaining your personal and/or business credit report from a credit reporting agency at account opening and whenever we reasonably believe there may be an increased level of risk associated with your business Skipify account.
If the activity through your business Skipify account reaches certain thresholds or involves certain business segments or activities, you are required by the card networks to agree to a Commercial Entity Agreement to allow you to continue accepting Visa and MasterCard payments. In this case, these Commercial Entity Agreements will apply to any payment processed by Skipify on your behalf and will form part of this user agreement.
You may close your Skipify account and terminate your relationship with us at any time without cost, but you will remain liable for all obligations related to your Skipify account even after the Skipify account is closed. When you close your Skipify account, we will cancel any scheduled or incomplete transactions.
In certain cases, you may not close your Skipify account, including:
You can link or unlink a credit card, debit card, and other payment methods to your Skipify account as a payment method. Please keep your payment method information current (e.g. credit card number and expiration date). If this information changes, we may update it using information and third party sources available to us without any action on your part. If you do not want us to update your card information, you may remove your payment method from your Skipify account. If we update your payment method, we will keep any preference setting attached to such payment method. You may choose to confirm your card, so that we can verify that the card is valid and that you are the card owner. To do this, we will charge $1.95 to the card. After the card is confirmed, we will immediately refund this amount to the card.
Skipify business accounts are created and operated by providing information about your business to Skipify, including the required identifying information.
The required identifying information is:
If we have verified the required identifying information, Skipify can activate your business account and you may be eligible to deploy Skipify products on your website. You must also agree to Skipify’s payment terms and link a payment method to your Skipify account. Skipify will charge your payment method every 30 days for use of the Skipify service. Skipify charges a minimum of 1% for every transaction facilitated through Skipify. Additional fees may be charged for other services including:
You can buy something from a seller who accepts Skipify.
Click the Skipify button to complete your purchase. The retailer will process your purchase as if you had entered your card information directly into their website. The Seller will handle all confirmation emails, customer service requests, returns and other interactions with you directly. Skipify will not have the ability to review or participate in these interactions. When purchasing through Skipify, please interact directly with the Seller regarding all disputes, errors or other issues. Skipify does not provide any warranty or guarantee regarding Sellers, websites, products or services purchased using Skipify. Skipify does not refund any money to shoppers using Skipify and will not provide compensation in the event of a wrongful, fraudulent or otherwise regretful purchase. We apologize for this inconvenience if it occurs. You agree to participate in Arbitration and also agree to not participate in Class Action suits or similar legal action against or towards Skipify under any circumstances.
It is possible that Skipify incorrectly completes your purchase, delays your purchase or cancels your purchase. In these scenarios, Skipify will work with the Seller to remedy your issue. Under no circumstances will Skipify provide financial reimbursement or compensation for these scenarios or issues. Refunds and similar issues must be resolved directly between Seller and Buyer.
When you buy something from a seller who accepts Skipify you don’t pay a fee to Skipify.
When Skipify identifies a potentially high-risk transaction, we review the transaction more closely before allowing it to proceed. When this happens, Skipify will place a hold on the transaction and notify the seller to delay shipping of the item. As a buyer, this may delay your receipt of the item you purchased. If we clear the transaction, we will notify the seller and direct them to ship the item. If we don’t clear the transaction, we will cancel it and return the funds to you, unless we are legally required to take other action.
When you buy something from a seller online using Skipify and the transaction is ultimately refunded, the money will typically be refunded to the original payment method you used for the transaction.
You can choose any of the payment methods in your Skipify account as your preferred payment method. You can select a preferred payment method in your account preferences on www.Skipify.com or in the Skipify app. There may be times when your preferred payment method cannot be used, for example, if you select a credit card that is expired. If you have chosen a preferred payment method, it will be shown as the primary method of payment and used for future transactions in Skipify. You can choose to set preferred payment methods with specific Sellers using your Skipify preferences.
If you use the Skipify application on your mobile phone, you may store loyalty card numbers or bar codes, where applicable, for certain sellers in your Skipify account. When you store your loyalty card numbers or bar codes in your Skipify account, you will earn any rewards, subject to the seller’s loyalty card terms and conditions, at the time you make your payment to the merchant by presenting the stored loyalty card number or bar code to the seller at the point of sale. It is your responsibility to make sure you have entered your loyalty card information correctly and that you update it as necessary. It is also your responsibility to ensure that you are receiving the rewards to which you are entitled. Skipify is not responsible for managing your loyalty card account by offering this service and any questions about your loyalty card or associated rewards program should be directed to the seller who offers the card.
Skpify does not offer a Purchase Protection Program of any kind at this time. If you have any issues with items purchased from a Seller, please contact the Seller directly.
If you used a debit or credit card as the payment method for a transaction through your Skipify account and you are dissatisfied with the transaction, you may be entitled to dispute the transaction with your card issuer. Applicable card chargeback rights may be broader than those available to you under Skipify’s Purchase Protection program. For example, if you dispute a transaction with your card issuer, you may be able to recover amounts you paid for unsatisfactory items.
Before contacting your card issuer, you should contact the seller to attempt to resolve your issue in accordance with the seller’s return policy.
If you use your Skipify account to receive payments for the sale of goods or services or accept donations, you must:
You agree that you will not impose a surcharge or any other fee for accepting Skipify as a payment method. You may charge a handling fee in connection with the sale of goods or services as long as the handling fee does not operate as a surcharge and is not higher than the handling fee you charge for non-Skipify transactions.
You must treat Skipify as payment methods or marks at least on par with any other payment methods offered at your points of sale, including your websites or mobile applications. This includes at least equal or substantially similar: logo placement, position within any point of sale, and treatment in terms of product pages, payment flow, terms, conditions, restrictions, or fees, in each case as compared to other marks and payment methods at your points of sale.
In representations to your customers or in public communications, you must not mischaracterize Skipify as a payment method or exhibit a preference for other payment methods over Skipify. Within all of your points of sale, you agree not to try to dissuade or inhibit your customers from using Skipify or encourage the customer to use an alternate payment method. If you enable your customers to pay you with Skipify, whenever you display or exhibit the payment methods that you accept (either within any point of sale or in your marketing materials, advertising and other customer communications) you agree to display the SKipify payment marks at least as prominently, and in at least as positive a manner, as you do for all other payment methods.
Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “taxes”). It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. Skipify is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction.
You acknowledge that we may make certain reports to tax authorities regarding transactions that we process. For example, Skipify is required to report to the Internal Revenue Service the total amount of payments for goods and services you receive each calendar year into all of your Skipify accounts associated with the same tax identification number if you receive more than $20,000 in payments for good and services and process more than 200 transactions involving goods or services through those Skipify accounts in the same calendar year.
Skipify reviews certain potentially high-risk transactions. If Skipify determines, in its sole discretion, that a transaction is high-risk, we place a hold on the payment and provide notice to you to delay shipping of the item. Skipify will conduct a review and either complete or cancel the payment. If the payment is completed, Skipify will provide notice to you to ship the item. Otherwise, Skipify will cancel the payment and the funds will be returned to the buyer, unless we are legally required to take other action. All payments that complete this payment review will be eligible for Skipify Seller Protection coverage if they meet the Skipify Seller Protection requirements. We will notify you about payment reviews by email and/or through your Skipify account.
If you accept Skipify payments at your physical store, you must communicate the total amount of the transaction to the customer before it takes place. You may charge your customer’s account only for transactions that they have authorized. You must also provide customers with a physical receipt if they request one. You agree that any transaction that you make shall have an accurate and true description of the goods and services being purchased.
If you’re a seller on a marketplace or through a third party application where Skipify is offered, you must comply with any rules that apply to the marketplace’s or the third party application’s buyer protection program for sales you make through that forum. Any such protections may require you to take certain actions and may impact how claims are processed.
Whenever a buyer uses a debit or credit card as the payment method for a transaction using their account to buy something from you as a seller, the transaction will be processed as a “card not present” transaction, even if the buyer is at your store location.
The fees you pay when selling goods or services and the buyer pays using their Skipify account (or using another authorized wallet) can be found on our website, with the fees applicable to charitable organizations on our website as well. Please note that:
Skipify does not interact with Sellers and Buyers regarding refunds, reversals, chargebacks or other issues. Those issues must be resolved by Seller and Buyer without assistance or interaction from Skipify. Skipify does not warrant or guarantee that Buyer’s or Seller’s information, identity, products or intent are valid or just. Seller and Buyer must utilize their own best judgment in order to decide if transacting is in their own best interest. Business account users also agree to hold Skipify harmless for issues including loss of sales, security breaches, loss of product functionality, damage or impact to websites, applications or other services that might negatively impact the Business.
If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect Skipify, its customers and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following:
If we close your Skipify account or terminate your use of the Skipify services for any reason, we’ll provide you with notice of our.
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Skipify, any Skipify customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the Skipify services.
Under certain circumstances, in order to protect Skipify and the security and integrity of the network of buyers and sellers that use the Skipify services, Skipify may take account-level or transaction-level actions. Unless otherwise noted, if we take any of the actions described here, we’ll provide you with notice of our actions, but we retain the sole discretion to take these actions. To request information in connection with an account limitation, hold or reserve, you should contact Skipify or follow the instructions in our email notice with respect to the limitation, hold or reserve.
Our decision about holds, limitations and reserves may be based on confidential criteria that are essential to our management of risk and the protection of Skipify, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your Skipify account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.
Limitations are implemented to help protect Skipify, buyers and sellers when we notice restricted activities, an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your Skipify account open.
There are several reasons why your Skipify account could be limited, including:
You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect Skipify, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.
If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your Skipify account, placing a reserve or limitation on your Skipify account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your Skipify account. When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place longer than 180 days.
To protect yourself from unauthorized activity in your Skipify account, you should regularly log into your Skipify account and review your Skipify account statement. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.
An “Unauthorized Transaction” occurs when money is sent from your Skipify account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Skipify account, and sends a payment from your Skipify account, an Unauthorized Transaction has occurred. You must protect yourself from these Unauthorized Transactions by securing your password, devices and other systems.
The following are NOT considered Unauthorized Transactions:
If you believe your Skipify login information has been lost or stolen, please contact Skipify immediately through our website.
Tell us AT ONCE if you believe that an electronic fund transfer has been made without your permission using your login information or by other means. You could be personally liable for these transactions. You may have negative impact to your credit score and other damaging impacts.
If you provide us your mobile phone number, you agree that Skipify and its affiliates may contact you at that number using autodialed or prerecorded message calls or text messages to: (i) service your Skipify branded accounts, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. Sellers and business account users may use your email, mobile number and other methods to contact you if they have your permission. Skipify’s services may be shown in those communications. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent. You do not have to agree to receive autodialed or prerecorded message calls or texts to your mobile phone number in order to use and enjoy the products and services offered by Skipify. You can decline to receive autodialed or prerecorded message calls or texts to your mobile phone number in several ways, including by emailing us directly. Skipify may communicate with you about your Skipify account and the Skipify services electronically as described in our Electronic Communications Delivery Policy. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it.
Written notices to Skipify must be sent by postal mail to: Skipify, Inc., Attention: Legal Department, Thoits Law 400 Main St #250, Los Altos, CA 94022.
You understand and agree that, to the extent permitted by law, Skipify may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with Skipify or its agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with Skipify may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by Skipify, and Skipify does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
Skipify, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf or some or all of the Skipify services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted funds held in your Skipify account.
As security for the performance of your obligations under this user agreement, you grant to Skipify a lien on, and security interest in and to, funds held in your Skipify account if applicable.
Shall be paid to Skipify within 30 days. If your account is 30 days past-due your Skipify service may be shut down and you will incur an additional $500 fee to reactivate. Other fees may be charged.
If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this user agreement.
Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
In this section, we use the term “Skipify” to refer to Skipify, and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.
You must indemnify Skipify for actions related to your Skipify account and your use of the Skipify services. You agree to defend, indemnify and hold Skipify harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the Skipify services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your Skipify account or access our websites, software, systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf, or any of the Skipify services on your behalf.
Skipify’s liability is limited with respect to your Skipify account and your use of the Skipify services. In no event shall Skipify be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf, any of the Skipify services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.
Our liability to you or any third parties in any circumstance is limited to $5,000. In addition, to the extent permitted by applicable law, Skipify is not liable, and you agree not to hold Skipify responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf, or any of the Skipify services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf and any of the Skipify services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf or any of the Skipify services or any website or service linked to our websites, software or any of the Skipify services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf or any of the Skipify services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your Skipify account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or Skipify’s policies; or (8) data breaches, hacks or other issues regarding security or data privacy.
The Skipify services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. Skipify specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Skipify does not have any control over the products or services provided by sellers who accept Skipify as a payment method, and Skipify cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. Skipify does not guarantee continuous, uninterrupted or secure access to any part of the Skipify services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. Skipify makes no representations or warranties regarding the amount of time needed to complete processing because the Skipify services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. Skipify’s products may also be down due to service interruptions and or updates and transactions may be canceled or delayed due to errors in the service.
You and Skipify agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it:
|Agreement to Arbitrate|
You and Skipify each agree that any and all disputes or claims that have arisen or may arise between you and Skipify, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
You agree that you may bring claims against Skipify not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Skipify agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief or payment awarded by Skipify may not exceed $100 per user regardless of impact sustained by user; financial or otherwise. This includes business account users, personal accounts and all other users interacting with Skipify or using Skipify products or services. Across all users, Skipify will only pay $25,000 in payments awarded through Arbitration per year in total. Any amounts that exceed this $25,000 will be paid in the following year(s). Skipify will alert the Arbitrator to the balance of these awards at the time of Arbitration. If it is the decision of the Arbitrator to award you money (which shall be capped as a 1-time payment of $100), that award may be paid out at a future date.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this agreement, including the maximum financial amount awarded as stipulated above. The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to Skipify at: Skipify 400 Main St #250, Los Altos, CA 94022. Skipify will send any notice to you to the address we have on file associated with your Skipify account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought not to exceed $100. If you and Skipify are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or Skipify may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. The arbitration shall be held in the county of Skipify’s choosing. Any settlement offer made by you or Skipify shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Skipify customers, but is/are bound by rulings in prior arbitrations involving the same Skipify customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each user may only utilize Arbitration a single time.
Costs of Arbitration
You agree to pay all fees for arbitration. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Skipify for all costs associated with the arbitration including legal fees paid by Skipify, lost wages and additional costs. You also agree to reimburse fees paid by Skipify to facilitate the Arbitration.
If a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
All Skipify users must agree to the Agreement to Arbitrate. If you do not agree to this Agreement, please close your user account and do not use Skipify.
Future Amendments to this Agreement to Arbitrate
Notwithstanding any provision in the user agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Skipify prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Agreement to Arbitrate that have arisen or may arise between you and Skipify. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.Skipify.com at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your Skipify account within the 30-day period and you will not be bound by the amended terms.
"Skipify.com," "Skipify," and all logos related to the Skipify services are either trademarks or registered trademarks of Skipify or Skipify's licensors. You may not copy, imitate, modify or use them without Skipify's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Skipify. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by Skipify for the purpose of directing web traffic to the Skipify services. You may not alter, modify or change these logos in any way, use them in a manner that mischaracterizes Skipify or the Skipify services or display them in any manner that implies Skipify's sponsorship or endorsement. All right, title and interest in and to the Skipify websites, any content thereon, the Skipify services, the technology related to the Skipify services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Skipify and its licensors.
If you are using Skipify software such as an API, developer's toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then Skipify grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use Skipify's software in accordance with the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the Skipify services. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, Skipify and third parties. Skipify may update or discontinue any software upon notice to you. While Skipify may have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the Skipify Services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title and interest to Skipify’s software are owned by Skipify and any third party materials integrated therein are owned by Skipify’s third party service providers. Any other third party software application you use on the Skipify websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that Skipify does not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software and/or in connection with the Skipify services.
Skipify does not claim ownership of the content that you provide, upload, submit or send to Skipify. Nor does Skipify claim ownership of the content you host on third-party websites or applications that use Skipify services to provide payments services related to your content. Subject to the next paragraph, when you provide content to Skipify or post content using Skipify services, you grant Skipify (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights to help us improve, operate and promote our current services and develop new ones. Skipify will not compensate you for any of your content. You acknowledge that Skipify’s use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against Skipify.
Notwithstanding the provisions of the prior paragraph, if you are a seller using the Skipify services to accept payments for goods and services, you hereby grant Skipify and its affiliates a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), and royalty-free, fully paid-up, right to use and display publicly, during the term of this user agreement, your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you) for the purpose of (1) identifying you as a merchant that accepts a Skipify service as a payment form, and (2) any other use to which you specifically consent.
You may not transfer or assign any rights or obligations you have under this user agreement without Skipify's prior written consent. Skipify may transfer or assign this user agreement or any right or obligation under this user agreement at any time. All improvements made to Skipify products and services, and new products and services generated, including those improvements and insights made by users (Business, Personal and Other) and affiliates, shall remain the right and intellectual property of Skipify. No license is awarded for use of these improvements unless issued directly by Skipify.
“Business Day(s)” means Monday through Friday, excluding holidays when Skipify’s offices are not considered open for business in the U.S. Holidays include New Year's Day (January 1), Martin Luther King, Jr.’s Birthday (the third Monday in January), George Washington's Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Indigenous People’s Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25). If a holiday falls on a Saturday, Skipify observes the holiday on the prior Friday. If the holiday falls on a Sunday, Skipify observes the holiday on the following Monday.
We’re always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams:
Always use common sense when Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us.
If you do not log in to your Skipify account for two or more years, Skipify may close your Skipify account.
You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and Skipify.
You authorize Skipify, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:
Anti-money laundering and counter-terrorism financing laws may require that Skipify verify the required identifying information if you use certain Skipify services. Skipify reserves the right to close, suspend, or limit access to your Skipify account and/or the Skipify services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.
We do not:
Protecting your privacy is very important to us. Please review our Privacy Statement below.
Translation of agreement
Any translation of this user agreement is provided solely for your convenience and is not intended to modify the terms of this user agreement. In the event of a conflict between the English version of this user agreement and a version in a language other than English, the English version shall control.
Unlawful internet gambling notice
Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your Skipify account or your relationship with Skipify. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.
Your use of information; Data protection laws
If you receive information about another Skipify customer, you must keep the information confidential and only use it in connection with the Skipify services. You may not disclose or distribute any information about Skipify users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so. You may not send unsolicited emails to a Skipify customer or use the Skipify services to collect payments for sending, or assist in sending, unsolicited emails to third parties.
The privacy and data protection laws that may apply include any associated regulations, regulatory requirements and codes of practice applicable to the provision of the services described in this agreement. If you process personal data from Europe pursuant to this agreement, you must comply with the EU Directive 95/46/EC or the General Data Protection Regulation (EU) 2016/679 (GDPR).
In complying with such laws, you will:
Skipify has developed this Privacy Statement to explain how we may collect, retain, process, share and transfer your Personal Data when you visit our Sites or use our Services. This Privacy Statement applies to your Personal Data when you visit Sites or use Services, and does not apply to online websites or services that we do not own or control, including websites or services of other Skipify Users.
This Privacy Statement is designed to help you obtain information about our privacy practices and to help you understand your privacy choices when you use our Sites and Services. Please note that our Service offerings may vary by region.
We have defined some terms that we use throughout the Privacy Statement. You can find the meaning of a capitalized term in the Definitions section.
If you are an individual who resides in the United States of America and opens an account for one of our Services for your own personal, family or household purposes, you should also review our Consumer Privacy Notice to understand our privacy practices and the privacy choices we offer you.
Please contact us if you have questions about our privacy practices that are not addressed in this Privacy Statement.
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We may collect information about you when you visit our Sites or use our Services, including the following:
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We retain Personal Data to fulfill our legal or regulatory obligations and for our business purposes. We may retain Personal Data for longer periods than required by law if it is in our legitimate business interests and not prohibited by law. If your Account is closed, we may take steps to mask Personal Data and other information, but we reserve our ability to retain and access the data. We will continue to use and disclose such Personal Data in accordance with this Privacy Statement.
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We may Process your information for the following reasons:
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We may share your Personal Data or other information about you with others in a variety of ways as described in this section of the Privacy Statement. In addition, our Consumer Privacy Notice provides specific information about the reasons why we share the Personal Data of certain United States residents with unaffiliated third parties.
We may share your Personal Data or other information for the following reasons:
With other members of the Skipify corporate family: We may share your Personal Data with members of the Skipify family of entities to, among other things, provide the Services you have requested or authorized; to manage risk; to help detect and prevent potentially illegal and fraudulent acts and other violations of our policies and agreements; and to help us manage the availability and connectivity of Skipify products, Services, and communications.
With other companies that provide services to us: We may share Personal Data with third-party service providers that perform services and functions at our direction and on our behalf. These third-party service providers may, for example, provide you with Services, verify your identity, assist in processing transactions, send you advertisements for our products and Services, or provide customer support.
With other financial institutions: We may share Personal Data with other financial institutions that we have partnered with to jointly create and offer a product. These financial institutions may only use this information to market and offer Skipify-related products, unless you have given consent for other uses. We may also share Personal Data to process transactions, provide you with benefits associated with your eligible cards, and keep your financial information up to date.
With the other parties to transactions when you use the Services, such as other Users, merchants, and their service providers: We may share information about you and your Account with the other parties involved in processing your transactions. This includes merchants and their service providers. The information might include:
With other third parties for our business purposes or as permitted or required by law: We may share information about you with other parties for Skipify’s business purposes or as permitted or required by law, including:
With your consent: We also will share your Personal Data and other information with your consent or direction, including if you authorize an account connection with a third-party account or platform.
In addition, Skipify may provide aggregated statistical data to third-parties, including other businesses and members of the public, about how, when, and why Users visit our Sites and use our Services. This data will not personally identify you or provide information about your use of the Sites or Services. We do not share your Personal Data with third parties for their marketing purposes without your consent.
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A significant benefit and innovation of Skipify’s Services is that you can connect your Account with a third-party account or platform. For the purposes of this Privacy Statement, an “account connection” with such a third-party is a connection you authorize or enable between your Account and a non-Skipify account, payment instrument, or platform that you lawfully control or own. When you authorize such a connection, Skipify and the third-party will exchange your Personal Data and other information directly. Examples of account connections include:
If you choose to create an account connection, we may receive information from the third-party about you and your use of the third-party’s service. For example, if you connect your Account to a social media account, we will receive Personal Data from the social media provider via the account connection. If you connect your Account to other financial accounts, directly or through a third-party service provider, we may have access to your account balance and transactional information, such as purchases and funds transfers. We will use all such information that we receive from a third-party via an account connection in a manner consistent with this Privacy Statement.
Information that we share with a third-party based on an account connection will be used and disclosed in accordance with the third-party’s privacy practices. Before authorizing an account connection, you should review the privacy notice of any third-party that will gain access to your Personal Data as part of the account connection. For example, Personal Data that Skipify shares with a third-party account or platform such as a social media account may in turn be shared with certain other parties, including the general public, depending on the account’s or platform’s privacy practices.
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Do Not Track (DNT) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not respond to DNT signals.
This statement is designed to help you understand more about these technologies and our use of them on our sites and in our services, applications, and tools. Below is a summary of a few key things you should know about our use of such technologies.
Where possible, security measures are set in place to prevent unauthorized access to our cookies and similar technologies. A unique identifier ensures that only we and/or our authorized service providers have access to cookie data.
Service providers are companies that help us with various aspects of our business, such as site operations, services, applications, advertisements and tools. We use some authorized service providers to help us to serve you relevant ads on our services and other places on the internet. These service providers may also place cookies on your device via our services (third party cookies). They may also collect information that helps them identify your device, such as IP-address or other unique or device identifiers.
Like most sites, we use technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a “device”) that allow us to record certain pieces of information whenever you visit or interact with our sites, services, applications, messaging, and tools.
The specific names and types of the cookies, web beacons, and other similar technologies we use may change from time to time. In order to help you better understand this Policy and our use of such technologies we have provided the following limited terminology and definitions:
Cookies – Small text files (typically made up of letters and numbers) placed in the memory of your browser or device when you visit a website or view a message. Cookies allow a website to recognize a particular device or browser. There are several types of cookies:
Cookies can be disabled or removed by tools that are available in most commercial browsers. The preferences for each browser you use will need to be set separately and different browsers offer different functionality and options.
Web beacons – Small graphic images (also known as “pixel tags” or “clear GIFs”) that may be included on our sites, services, applications, messaging, and tools, that typically work in conjunction with cookies to identify our users and user behavior.
Similar technologies – Technologies that store information in your browser or device utilizing local shared objects or local storage, such as flash cookies, HTML 5 cookies, and other web application software methods. These technologies can operate across all of your browsers, and in some instances may not be fully managed by your browser and may require management directly through your installed applications or device. We may use the terms “cookies” or “similar technologies” interchangeably in our policies to refer to all technologies that we may use to store data in your browser or device or that collect information or help us identify you in the manner described above.
Our cookies and similar technologies have different functions. They are either necessary for the functioning of our services, help us improve our performance, give you extra functionalities, or help us to serve you relevant and targeted ads. We use both session and persistent cookies and similar technologies.
Generally, these technologies allow our sites, services, applications, and tools to store relevant information in your browser or device and later read that information in order to identify your device to our servers or internal systems. Where applicable, we protect our cookies and other similar technologies to help ensure that only we and/or our authorized service providers can interpret them by assigning them a unique identifier that is designed for interpretation only by us.
We may work with third-party companies, commonly known as service providers, who are authorized to place third-party cookies, web beacons, or similar technologies for storing information on our sites or in our services, applications, and tools with our permission. These service providers help us to provide you with a better, faster, and safer experience.
With the exception of the use of such technologies by our service providers or other authorized third-parties, we do not permit any third-party content on sites (such as item listings, member-to-member communications, classified listings, comments, reviews, etc.) to include or utilize any cookies, web beacons, local storage, or similar technologies for tracking purposes or to collect your personal information.
We may use third parties, such as advertising networks and exchanges, to allow us to serve you advertisements. These third-party ad networks and exchange providers may use third-party cookies, web beacons, or similar technologies to collect information about your visit to our site and elsewhere on the Internet. They may also collect your device identifier, IP address, or identifier for advertising (IDFA). The information that these third parties collect may be used to provide you with more relevant advertising on our sites or elsewhere on the web.
California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently isn't an industry or legal standard for recognizing or honoring DNT signals, we don't respond to them at this time. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.
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All users of Skipify must adhere to and accept our Privacy Policies, Terms of Service and User Agreement. If you do not wish to accept these, please do not use the service.
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We maintain technical, physical, and administrative security measures designed to provide reasonable protection for your Personal Data against loss, misuse, unauthorized access, disclosure, and alteration. The security measures include firewalls, data encryption, physical access controls to our data centers, and information access authorization controls. While we are dedicated to securing our systems and Services, you are responsible for securing and maintaining the privacy of your password(s) and Account/profile registration information and verifying that the Personal Data we maintain about you is accurate and current. We are not responsible for protecting any Personal Data that we share with a third-party based on an account connection that you have authorized.
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The Sites and Services are not directed to children under the age of 13. We do not knowingly collect information, including Personal Data, from children or other individuals who are not legally able to use our Sites and Services. If we obtain actual knowledge that we have collected Personal Data from a child under the age of 13, we will promptly delete it, unless we are legally obligated to retain such data. Contact us if you believe that we have mistakenly or unintentionally collected information from a child under the age of 13.
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Changes to This Privacy Statement.
We may revise this Privacy Statement from time to time to reflect changes to our business, the Sites or Services, or applicable laws. The revised Privacy Statement will be effective as of the published effective date.
If the revised version includes a substantial change, we will attempt to provide you with 30 days prior notice by posting notice of the change on the “Policy Update” page of our website. We also may notify Users of the change using email or other means.
Transfers of Your Personal Data to Other Countries
Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and our third-party service providers store and Process your Personal Data in the United States and elsewhere in the world. We will protect your information as described in this Privacy Statement if your Personal Data is transferred to other countries. By using our Sites and Services, you consent to your Personal Data being transferred to other countries, including countries that have different data protection rules than your country. We do not represent that our Sites and Services are appropriate or available in any particular jurisdiction.
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You may contact us if you have general questions about our Privacy Statement and practices or questions about your Account information or Personal Data.
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Account means a Skipify member account.
Device Information means data that can be automatically collected from any device used to access the Sites or Services. Such information may include, but is not limited to, your device type; your device’s network connections; your device’s name; your device’s IP address; information about your device’s web browser and the internet connection being used to access the Site or Services; Geolocation Information; information about apps downloaded to your device; and biometric data (e.g., Touch ID/Fingerprint to verify your identity).
Geolocation Information means information that identifies with reasonable specificity your location by using, for instance, longitude and latitude coordinates obtained through GPS, Wi-Fi, or cell site triangulation. Some of our Services may ask you for permission to share your current location. Some of the Sites and Services require this information to provide a specific product or online Service. If you do not agree to our collection of the geolocation information, our Sites or Services may not function properly when you try to use them.
Checkout without a Skipify Account means a person’s use of the Services.
Skipify means Skipify, Inc. and subsidiaries or affiliates. In this Privacy Statement, Skipify is sometimes referred to as “we,” “us,” or “our,” depending on the context.
Personal Data means personal information that can be associated with an identified or identifiable person. “Personal Data” can include name, postal address (including billing and shipping addresses), telephone number, email address, payment card number, other financial account information, account number, date of birth, and government-issued credentials (e.g., driver’s license number, national ID, passport, Social Security number and Taxpayer ID). Personal Data does not include information that does not identify a specific User.
Process means any method or way that we handle Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, and consultation, disclosure by transmission, disseminating or otherwise making available, alignment or combination, restriction, erasure or destruction of Personal Data.
Services means any products, services, content, features, technologies, or functions, and all related websites, applications and services offered to you by Skipify.
Sites means the websites, mobile apps, official social media platforms, or other online properties through which Skipify offers the Services and which has posted or linked to this Privacy Statement.
Technical Usage Data means information we collect from your phone, computer or other device that you use to access the Sites or Services. Technical Usage Data tells us how you use the Sites and Services, such as what you have searched for and viewed on the Sites and the way you use our Services, including your IP address, statistics regarding how pages are loaded or viewed, the websites you visited before coming to the Sites and other usage and browsing information collected through Cookies.
User means an individual or business who uses the Services or accesses the Sites and has established a relationship with Skipify or otherwise uses the Services as a buyer, seller or other type of participant to a transaction.
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Effective Date: October 1, 2019
This Consumer Privacy Notice applies to you if you are an individual who resides in the United States and uses our Sites or Services for your own personal, family or household purposes.
WHAT DOES SKIPIFY DO WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
The types of personal information we collect and share depend on the product or service you have with us. This information can include:
When you are no longer our customer, we continue to share your information as described in this notice.
All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Skipify chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information
Does Skipify share?
Can you limit this sharing?
For our everyday business purposes –
For our marketing purposes –
For joint marketing with other financial companies
For our affiliates’ everyday business purposes –
For our affiliates’ everyday business purposes –
We don’t share
For our affiliates to market to you
We don’t share
For nonaffiliates to market to you
We don’t share
Email us at firstname.lastname@example.org
Who we are
Who is providing this Privacy Statement?
This privacy notice is provided by Skipify, Inc. and is applicable to your U.S. Skipify accounts.
What we do
How does Skipify protect my personal information?
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
How does Skipify collect my personal information?
We collect your personal information, for example, when you
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can’t I limit all sharing?
Federal law gives you the right to limit only
State laws and individual companies may give you additional rights to limit sharing. See below for more information on your rights under state law.
Companies related by common ownership or control. They can be financial and nonfinancial companies.
Companies not related by common ownership or control. They can be financial and nonfinancial companies.
A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
Other important information
We may transfer personal information to other countries, for example, for customer service or to process transactions.
California: If your Skipify account has a California mailing address, we will not share personal information we collect about you except to the extent permitted under California law.
Vermont: If your Skipify account has a Vermont mailing address, we will not share personal information we collect about you with non-affiliates unless the law allows or you provide authorization.
Nevada: If your Skipify account has a Nevada mailing address, we are providing this notice pursuant to Nevada law. If you prefer not to receive marketing calls from Skipify, you may be placed on our internal Do Not Call List emailing email@example.com.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of Skipify's services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
You may not use the Skipify service for activities that:
This policy describes how Skipify delivers communications to you electronically. We may amend this policy at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a substantial change, we will attempt to provide you with 30 days’ prior notice by posting notice of the change on the “Policy Updates” page of our website.
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Skipify branded accounts ("Account") and your use of our services. Communications include:
We will provide these Communications to you by posting them on the Skipify website and/or by emailing them to you at the primary email address listed in your Skipify profile.
In order to access and retain electronic Communications, you will need the following computer hardware and software:
We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from Skipify. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.
At this time Skipify cannot send paper copies and cannot accommodate requests to change or deny agreement to this Electronic Communications policy. If you cannot agree with this policy please do not use Skipify.
It is your responsibility to keep your primary email address up to date so that Skipify can communicate with you electronically. You understand and agree that if Skipify sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Skipify will be deemed to have provided the Communication to you.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Skipify to your email address book so that you will be able to receive the Communications we send to you.