Share Your Passion
Share Your Passion
SYP! Inc. (“we” or “SYP!” or “Company”), provides a mobile payment, ordering, and customer rewards platform and related services (“Services” or “SYP! Services”), and provides and/or enables related mobile applications, software applications, websites, and microsites (“Apps” or “SYP! Apps”), for use by you (“User”) to make payments for goods and/or services to SYP! and participate in merchant incentive and rewards programs (“Programs”) at physical and/or online points-of-sale (“POS”), among other available functions. SYP! provides access to these Services and Apps, including this App, subject to your acceptance of all of the following Terms and Conditions (“User Terms” or “Agreement”).By accessing, downloading, copying, and/or using a SYP! App, including this App, and/or the Services, you agree to these User Terms. THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND SYP!, AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THEM CAREFULLY.
In order to use a SYP! App to initiate transactions and/or engage in any merchant reward Campaigns, you must first register with SYP! and create a SYP! User Account, and associate a valid debit and/or credit card. Your registration and use of a SYP! User Account is subject to these User Terms.By registering for a SYP! User Account, you agree that:
All information provided to SYP! is accurate, current and complete, and that you will maintain and update such information as it changes;
You will maintain the security of your User Account, take responsibility for all activities that occur using your User Account, and accept all risks of unauthorized access resulting from your acts or omissions;
You are of legal age to form a binding contract, or you are over the age of 13 and will use the User Account under the supervision of a parent or guardian who agrees to be bound by these User Terms. The SYP! platform, Services, and Apps are not intended for, or targeted to, anyone under the age of 13;
You do not and have never used or maintained any other SYP! User Account under a different email address (the creation of additional User Account(s) shall be considered a violation of this Agreement); and,
Your registration and your use of SYP! and any SYP! App is not prohibited by law, and will not be used to engage in, commit, or facilitate any illegal activity.
Your registration and your User Account, including any User Credit, Gift Card Credit, or Merchant Credit associated with such User Account, and your rights under this Agreement, are personal to you and are not transferable by you to any party.
Payment Methods. SYP! enables you to make card-based purchases from SYP! of goods provided by third-party merchants by linking to your SYP! User Account a debit, credit, and/or prepaid credit card issued in the United States bearing the trademarks of MasterCard International Inc. and Visa Inc. (the “Networks”), as well as American Express and Discover (“payment instrument”). Your User Account is not a bank account. SYP! is not a bank, and does not offer banking or money service business (“MSB”) services as those terms are defined by the United States Department of Treasury. SYP! does not offer money transmission services. By linking a payment instrument to your User Account, you represent to SYP! that you are an authorized user of the payment instrument. You may change the payment instrument associated with your User Account at any time. You are responsible for ensuring that the payment instrument associated with your SYP! account is at all times current, non-expired, and valid for payments.
Test Authorizations. By associating a payment instrument with your SYP! User Account, you consent to SYP!’s temporarily authorizing a charge on that payment instrument, typically for $1.00 or less, as part of our verification process. You will not be required to pay this charge, and it will disappear from your payment instrument statement within a few days.
Termination of User Account. SYP! reserves the right to reject, suspend, or terminate your registration and/or use of a SYP! User Account, and/or your access to the SYP! Services, in the event that you breach any of the SYP! User Terms or any of the representations and warranties made herein, as determined in SYP!’s sole discretion.
Use of SYP! User Accounts for Development Purposes. All uses of a SYP! User Account for the purpose of developing software, applications, or programs that will interface to the SYP! Platform, including without limitation to access any SYP! SDK and/or associated APIs, and the use of the SYP! Developer Sandbox, are additionally subject to SYP!’s Developer Terms (https://www.getSYP!.com/developer-terms), which are incorporated herein by reference. By using your SYP! User Account to access SYP!’s development tools, you agree to all of the Developer Terms.
Limited License. SYP! grants you a limited, non-exclusive, non-transferable license, to access, view, download, install, and use this SYP! App(s), and/or any SYP! website content, for the purpose of using the SYP! Services, including the initiation of orders and/or payment for goods and/or services and for participating in merchant reward Programs. Except as expressly permitted by these User Terms, you may not modify, reproduce, distribute, publish, reverse-engineer, create derivative works out of, decompile, deep link, publicly display, or otherwise exploit for any purpose, the SYP! Apps, Services or SYP! Property, or any portion thereof. You may not remove or alter, or reuse in any manner or for any other purpose, any copyright, trademark or other proprietary notices that have been placed on the SYP! Property. You may not collect and use the product listing, pictures, or descriptions within the SYP! Property for any commercial purpose. All rights not expressly granted to you by this Agreement remain the property of SYP! and its licensors.
No Rights to SYP! Property. The SYP! App(s) and website content downloaded or accessed by you pursuant to these User Terms, including without limitation all of the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content, other than User Content, as defined below, and all software embodied in the SYP! website or Apps, or otherwise used by SYP! to deliver the SYP! Services (collectively, the “SYP! Property”), is the sole property of SYP! and/or of third parties provided under license to, or used with permission by, SYP!. SYP! reserves all rights in the SYP! Property, including without limitation copyright, trademark, patent, and trade secret rights, and no rights in such Property are granted except as expressly provided herein.
Trademarks. The marks “SYP!,” the SYP! three-square logo, among other marks, and the SYP! scanner, are registered or unregistered trademarks of SYP! and may not be used in connection with any service or products other than those provided by SYP!, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SYP!. TPatents. The systems and methods used by SYP! to provide the SYP! Services are protected by patents including U.S. Pat. Nos. 8,620,790, 8,639,619, 8,694,438, 8,844,812, D721,371, 8,770,478, 8,924,260, 8,838,501, and other pending applications, and no rights are hereby granted to such patents or applications.
No Illegal Uses. The SYP! Property licensed hereunder shall not be used for any purpose not contemplated by these User Terms, or for any illegal purpose, or to commit or facilitate any act by any person in violation of any law or regulation, and/or any fraud against any person.
Third-Party Property. The SYP! platform and Apps feature the trademarks, service marks, images, and logos of third parties (“Third-Party Property”). Each third-party owner retains all rights in such Third-Party Property. Any use of such marks, or any others displayed in any App, inures solely to the benefit of their respective owners. SYP!’s use of such Third-Party Property does not imply any affiliation or relationship between SYP! and the Third-Party nor any endorsement of SYP! or the Services by such Third Party.
Authorization for SYP! to Charge Payment Instrument. By linking a payment instrument to your SYP! User Account, including by tapping the “Link Card” authorization button within a SYP! App, and using an App to initiate a transaction at a participating SYP! merchant POS, to initiate a mobile order for goods provided by a third-party, or to purchase a merchant Gift Card , you authorize SYP! to charge your linked payment instrument as necessary to complete payment to SYP! for the purchase or transaction, including for the total transaction amount less any credit redeemed in connection with your purchase. If such charge is rejected or fails, SYP! may charge your payment instrument again at a later time without advance notice to you.In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made using your SYP! User Account, you also authorize a credit to your payment instrument by SYP! to accomplish that transaction.All purchases, orders, and charges authorized using an App and/or the SYP! Services are also subject to the terms and conditions set forth by the entities that issue your payment instrument. You are responsible for complying with those terms and conditions, and you are responsible for payment of all charges and related fees imposed by such entities pursuant to those terms and conditions.There is no limit on the frequency of transactions you may make using your SYP! User Account. SYP! may impose limits on the amount of transaction(s) you make at any merchant without notice.
Monthly Recurring Billing. SYP! may, in its discretion based on the SYP! App used and/or other factors, and after delivering notice to your registered email address, charge your authorized payment instrument for your authorized transaction charges by grouping the amounts of such individual transactions in a single bundled charge each month. By using the Service following such notice, you authorize SYP! to make these monthly charges. SYP! typically charges your payment instrument in a recurring charge once per month, on the same day each month. You will be notified in advance by email of the date of your recurring charge. SYP! may group transactions for up to thirty-one (31) days following a transaction before submission of a grouped charge to your payment instrument on the specified date. If activity within a period exceeds a threshold amount determined by SYP! (initially $150.00) and communicated to you in monthly email statement receipts, SYP! may submit a grouped transaction to your payment instrument prior to the date of your next regular recurring monthly charge. When we submit a grouped transaction, we will provide an email notification to you detailing the individual transactions making up the grouped total charge. The status and amount of any authorized but uncharged transactions will be displayed at all times in the transaction history of your User Account, accessible by logging into the SYP! App. By accepting these terms, you agree that SYP! may submit your previously authorized charges totaling less than $750.00 as a grouped single transaction charge on a recurring monthly basis without further advance notice to you. You may request that SYP! cease any authorized grouped transaction by mailing a written notice to SYP! at the address below at least three (3) days prior to the submission of such charge by SYP!, at least three (3) days prior to the submission of the charge, if followed by a written notice within fourteen (14) days. You may also request that SYP! cease grouping your future authorized transactions for submission, or that SYP! provide advance notice of certain grouped transactions, by mailing a letter request to Support Team, SYP!, 151 East 83rd Street, Suite 7F, New York, NY 10028 USA.
Failed Transactions. In the event that SYP! is unable to successfully charge any linked payment instrument, SYP! will notify you via email and/or in-App notification, and you will be unable to initiate further orders or transactions with your User Account. Upon SYP!’s notification to you of such failure, you agree to link a new, valid payment instrument within three (3) business days. Your SYP! User Account will be disabled until a valid payment instrument is provided and the outstanding uncharged balance is resolved by SYP!. SYP! is not responsible for any charges imposed by the issuer of your payment instrument as a result of any failed charge by SYP!. To the extent that SYP! is unable to successfully charge any payment instrument linked to your User Account as payment for authorized transactions for more than thirty (30) days, you understand and agree that SYP! may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your User Account, and you will not contest the use of a third party to collect the debt and fees owed to SYP!. You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with rectifying your account and all monies owed thereunder. You agree that SYP!, or any agency or business employed by SYP!, has the right to contact you and your heirs via telephone, email or in-person using the information you provided upon registration or during any contact with SYP!, in an effort to collect any monies and fees owed under your account, whether specifically referenced in these User Terms or not, and such contact may be made in a manual or automated fashion.
Prohibited Transactions. The SYP! Service may be used only for the bona fide purchase and exchange, through SYP!, of goods and/or services offered in the ordinary course of a SYP! merchant’s business, and may not be used to process a payment or otherwise transfer money between two parties. The SYP! Service may not be used for transactions in which you request cash back from the merchant. The SYP! Services shall not be used for the purpose of accepting or transferring security or payment for loans, providing cash advances, check cashing, or otherwise distributing cash to any person or entity, or in connection with any lottery or gambling activity. SYP! reserves the right to decline any attempted transaction if it appears that any of these User Terms have been violated.
Debit/Credit Card Statements. SYP! charges to your authorized payment instrument(s) may appear on your statement from the card issuing institution as “SYP!*” followed by an identifier related to the location of the transaction initiation, the third-party provider of the ordered goods, or as an identifier communicated to you to reference a grouping of multiple individual SYP! transactions. You agree not to knowingly falsely report such charges as fraudulent or unauthorized claims to your payment instrument issuing institution. A knowingly false report of a fraudulent or unauthorized charge shall be grounds for SYP!, in its discretion, to cancel your User Account, and seek any other remedies available to SYP!.
Transaction Receipts. SYP! will provide you with an electronic transaction receipt, through a message within the SYP! App and/or by email to the email address provided by you, following each SYP! transaction initiated using a SYP! App. The receipt will include the date, location, and amount of the transaction, as well as the identity of the SYP! merchant at which the transaction occurred. Your transaction history may also be viewed within a SYP! App. If you are participating in SYP!’s monthly recurring billing service, you will also receive a monthly electronic statement receipt from SYP! by email specifying the total amount of the monthly recurring charge, an identification of the payment instrument to which the recurring charge was billed, and, for each transaction during the period, the date, location, and amount of the transaction. Both individual transaction receipts and monthly statement receipts include contact information for SYP! Support.
Your electronic acknowledgement of this Agreement, and any other agreements and documents, has the same effect as if you signed them in ink. You agree that electronic Disclosures and notices have the same meaning and effect as if SYP! had provided you with paper copies, whether or not you choose to view the Disclosures. Such Disclosures and notices are considered received by you within 24 hours of the time posted to our website, or emailed or messaged to you.
In order to access and retain the electronic Disclosures you will need, and represent that you have, the following: (i) a computer or mobile device with an Internet connection; (ii) a current web browser that includes 128-bit encryption, and has cookies enabled; (iii) a valid email address associated with your User Account (if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you agree to white-list all emails from the @theSYP!.com domain to your email address book); and (iv) sufficient storage space to save past Disclosures and/or an installed printer to print them.
You have a right to receive Disclosures in paper form. If you wish to receive a paper copy of any Disclosure, or any transaction receipt, you may request a copy of the Disclosure or receipt within 180 days of the date of the Disclosure or receipt. SYP! will provide paper copies free of charge. Requests to receive any paper copy, or to withdraw your consent to future electronic Disclosures, may be made by mailing a written request to Support Team,151 East 83rd Street Suite 7F, New York, NY USA. We will provide a replacement copy of your receipt within ten (10) business days. Requests to cancel your consent to future electronic Disclosures will be completed in a reasonable time. SYP! reserves the right to terminate your SYP! User Account if you withdraw consent to future electronic Disclosures. You may update the information required to contact you electronically by logging into a SYP! App or to the SYP! website.
If any transaction Disclosure received by you appears incorrect, or was unauthorized or fraudulent, you shall notify SYP! immediately, including by clicking on a link included in the email transaction receipt, thereby flagging the transaction, or by contacting SYP! directly (24/7) at:
SYP! Support Team
151 East 83rd Street Suite 7F
New York, NY 10028 USA.
Regular Business Hours: Monday through Friday, 9 a.m. to 5 p.m., Eastern Time
Lost Devices. In the event that you lose any mobile device on which a SYP! App linked to your User Account is installed, or otherwise learn that your User Account password is compromised (“Lost Device”), you shall notify SYP! immediately by contacting info@GetSYP.com OR SYP! Support Team,151 East 83rd Street Suite 7F, New York, NY USA.
SYP! Security; Reporting Requirements. SYP! implements a variety of methods, and proprietary protocols, to protect you from bad actors who may attempt to access and make fraudulent charges using your SYP! User Account, including an optional PIN lock feature. Because we are confident in these measures, we generally will not seek to recover from you reimbursement for any fraudulent charges made using your User Account. There are, of course, limits to this policy, which depend upon how quickly you notify us of a fraudulent activity:
Issuing Institutions. To the extent that the security of your payment instrument(s) is compromised in an event having no relation to the SYP! platform (for example, your wallet is stolen), and your payment instrument is linked to another User Account, your liability for any fraudulent transactions will be determined by your agreement with the institution that issued your payment instrument. With respect to your card issuing institution, federal law provides that, should SYP! fail to resolve a dispute as to property or services purchased from SYP!, you may assert against your card issuing institution all claims (other than tort claims) and defenses arising out of the transaction and relating to the failure to resolve the dispute. You may withhold payment to your issuing institution up to the amount of credit outstanding for the property or services that gave rise to the dispute and any finance or other charges imposed on that amount.
User Fraud. If SYP! determines that you have engaged in any fraudulent use of the SYP! Services, or use in violation of these User Terms, in addition to its rights to recover of any monies required to remedy such fraudulent use, SYP! shall impose a fee of one hundred ($100.00) dollars for each investigation by SYP! that results in a confirmation of such violation of these User Terms. By registering for a SYP! User Account, you agree to all additional fees and penalties that SYP! may impose in the event SYP! deems your use of the SYP! platform to be in breach of these User Terms, including without limitation the immediate termination of your SYP! User Account.
When initiating a SYP! transaction at a SYP! merchant POS, or initiating online orders from participating SYP! merchants, you participate automatically in any promotional campaigns offered by SYP!’s merchant partners, and/or third-party partners offering rewards to SYP! Users, such as loyalty reward programs, refer-a-friend programs, product incentive programs, etc. (“Programs”), and earn automatically any merchant-offered rewards, incentives, or discounts (“Merchant Credit”) and/or third-party-offered incentives, rewards, or discounts (“User Credit”) associated with your transaction. REWARDS APPLIED TO ORDER AHEAD TRANSACTIONS IN A SYP! APP WILL INCLUDE ONLY THOSE REWARDS DISPLAYED IN THE APP AND MAY NOT INCLUDE ALL REWARDS ADVERTISED BY A MERCHANT OR OFFERED BY A MERCHANT THROUGH OTHER CHANNELS, OR IN CONNECTION WITH MOBILE APPS OTHER THAN A SYP! APP. SYP! will also automatically redeem any Merchant or User Credit previously awarded at the time of purchase at the participating merchant’s POS, or at the time of mobile order completion, in accordance with the terms of such Program. Merchant or User Credit applied to the purchase will be deducted from the transaction amount charged by SYP! as part of the authorized charge to the payment instrument(s) associated with your User Account.
Promotional Programs, and Merchant or User Credit associated with such Programs, are offered by the merchant or funding third party alone (and not by SYP!) and the offering parties are responsible for setting applicable rules, including the expiration of any Merchant or User Credit, and compliance with such rules. Any complaints concerning any merchant’s or third party’s failure to award or redeem Merchant or User Credit according to any Program may be sent to SYP! at: support@GetSYP!.com. While SYP! may, in its discretion, attempt to resolve any complaints concerning a person’s failure to award or redeem Merchant or User Credit, SYP! is not responsible for such person’s failure to award or redeem Credit for any reason.
SYP! enables users to transact with SYP! and to initiate mobile orders for goods and services for pickup by you at third-party merchant providers. In connection with such Services, SYP! provides information and technology to facilitate your order and your purchase from SYP!. SYP!’s mobile ordering Services do not imply any relationship to the third-party provider of the goods ordered. Providers accessible through the SYP! Services operate independently, and through third-party ordering services, websites, and apps, and may not have any agreement with or relationship to SYP!. All merchant names and trademarks appearing within the SYP! Apps are the property of their respective owners and do not imply any endorsement of SYP! or the SYP! Services. SYP! does not warrant the completeness or accuracy of any information, including menu information or product descriptions, obtained from third parties and displayed within the SYP! Services. Merchant rewards offered by third-parties through channels, programs, or apps not integrated to the SYP! platform will not be available when using the SYP! Services for purchasing and mobile ordering.
SYP! may charge you a convenience or service fee in addition to the amounts charged by the merchant in connection with a SYP! transaction utilizing SYP!’s mobile ordering services. This fee will be displayed in the App and in your email receipt as a "Service Fee".
Payment Instrument Security. SYP! is compliant with the Payment Card Industry Data Security Standards (“PCI-DSS”). SYP! will never share your payment instrument information with any person other than as necessary to process the payments you authorize. SYP! does not store your payment instrument information on SYP!’s servers. Rather, we partner with Braintree Payment Services (“Braintree”), a globally respected payment gateway, to leverage its secure vault solutions for all payment instrument storage. All data sent to SYP!'s servers is encrypted and our servers are protected by industry standard measures. By leveraging Braintree for storage, we are able to add another layer of security to SYP!. If you have any further questions about SYP!’s security measures, we provide our Security Policy a https://www.GetSYP.com/security-policy.
No Access to Financial Information. SYP! Apps, and any software applications or websites that you may authorize to access your User Account, are not able, or authorized, to capture or store your financial account information provided to SYP!, or details of your linked payment instruments, including on your mobile device, without your expressly granted permission. You should never be asked by any merchant to disclose your financial account information, or your payment instrument information, or to provide any other sensitive information such as your Social Security number, in connection with any SYP! transaction. If you are asked for such information, you should report the incident to SYP! immediately.
Grant of Additional Permissions. When you connect to the SYP! platform via the use of a third-party website or software application, you will be asked to grant certain specified permissions to the provider of such third-party website or software, including for example to access your User Account, create orders for your account, and read your transaction history. SYP! App providers may also request new or additional permissions from you in the future. Such parties may condition the download, and/or continued use of a website, software application, or SYP! App upon your grant of certain additional specified permissions. The decision to grant such permissions is in the sole discretion and responsibility of the User. You understand and agree that Apps, software applications, and websites provided by third parties that request access to your User Account are not controlled by SYP!. You should investigate diligently any party requesting permissions in your User Account before agreeing to grant such access. The permissions granted by you to any App provider, or any third-party software or website provider, may be transferred to any other entity without your approvalRevocation or Permissions. You may revoke permissions granted to a SYP! App or any software application or website at any time by logging in to the SYP! website at https://www.GetSYP.com/.
The SYP! Apps and/or SYP! website may contain links to third party apps or websites. In some cases, SYP! Apps (meaning applications, sites, or software that you may use or download that have the ability to access the SYP! platform on your behalf, with your permission) are provided and maintained by third parties. You may also be offered services, products and promotions provided by third parties as part of your use of any SYP! App.
SYP! App’s access to the SYP! platform, or link to a third party site or App within a SYP! App, does not imply endorsement of, sponsorship of, or affiliation with the linked site or third party SYP! App by SYP!. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties or granting permissions for any SYP! App to access any of your User Data, or otherwise act on your behalf, within the SYP! platform. SYP! is not responsible for any claims, liabilities, losses, or damages suffered by you in connection with your use of a third party SYP! App, site, or service, in connection with the SYP! platform.
User Ideas. SYP! is pleased to hear from you and welcomes your comments about the SYP! platform. If you submit ideas or suggestions for the SYP! platform (“Comments”), you agree that all Comments will be deemed, and will remain, non-confidential and the sole property of SYP!, without compensation to you. None of the Comments will be subject to any fiduciary obligation or obligation of confidence on the part of SYP!, and SYP! will not be liable for any use or disclosure of any Comments. Without limiting the foregoing, SYP! will be entitled to unrestricted use and other exploitation of the Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Comments.
SYP! complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you believe that any material contained in a SYP! App or on a SYP! website infringes a copyright that you control, you may contact our Designated Agent with a notification of such infringement at the following address:
SYP! Support Team
151 East 83rd Street Suite 7F
New York, NY 10028 USA.