Terms of service

By creating an account or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

Definitions

• Platform: the Thankly website, mobile app (iOS and Android), and all associated services
• Worker User: a service industry professional who receives tips and uses earnings tools
• Customer User: a person who sends a tip via QR code without a Thankly account
• Business User: a legal entity managing a team of Worker Users on the Platform
• Stripe: Stripe, Inc., the third-party payment processor used by the Platform
• Transaction: any tip payment initiated by a Customer User through the Platform
• Payout: disbursement of net tip proceeds to a Worker’s linked bank account or debit card via Stripe

About Thankly

Thankly enables cashless tipping and earnings documentation for service industry workers. Thankly is not a bank, payroll provider, or tax advisor.

Accounts & eligibility

• Must be 18 or older
• Must be authorized to receive payments in the United States
• Must provide accurate registration information
• One account per person
• Business accounts must be registered legal entities

QR code and profile

You receive a unique QR code linked to your public profile. You control your display name and photo and are responsible for profile accuracy.

SMS verification

Account registration and login require phone number verification via SMS one-time password (OTP). By providing your phone number, you consent to receive security-related SMS messages from Thankly. Messages are sent exclusively for authentication purposes from our registered number +1 (407) 759-7255. We do not use your phone number for marketing. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Message and data rates may apply.

Platform fee

A fee is charged per transaction as displayed at time of payment. Current rates at getthankly.com/fees. Rate changes are communicated 30 days in advance.

Founding 500 lifetime rate

The first five hundred (500) Worker accounts to claim a Founding Member position (“Founding 500 Members”) receive a permanently reduced Thankly platform fee of two percent (2%) per transaction, in place of the standard rate, subject to the following terms:

• What it covers. The 2% rate applies only to the Thankly platform fee. It does not apply to payment processing fees charged by our payment processor, which are separate and set by that processor.
• How membership is determined. Founding Member positions are assigned automatically in the order accounts are created, up to a maximum of 500. Once 500 positions are claimed, the program closes permanently and no further positions will be issued. Your Founding Member number, if assigned, is shown on your account.
• Duration. The 2% rate applies for as long as the account remains open and in good standing. It is not limited to a promotional period, and Thankly will not increase the platform fee for Founding 500 Members even if standard rates change for other users.
• Non-transferable. Founding Member status is personal to the account holder. It cannot be sold, transferred, assigned, or moved to another account, and it does not transfer if the account is closed and a new account is later created.
• Good standing. Founding Member status and the associated rate may be revoked if the account is terminated or suspended for violation of these Terms, including fraud, abuse, or creating multiple accounts to obtain additional Founding positions.
• Program changes. Thankly may modify or discontinue the Founding 500 program for accounts not yet enrolled. Any such change will not affect the 2% rate already granted to existing Founding 500 Members.

Benefits described in Thankly’s Founding 500 marketing materials other than the platform fee rate — including badges, physical materials, early feature access, and contest eligibility — are provided at Thankly’s discretion and may change over time. Contest participation is governed by the Official Contest Rules at getthankly.com/contest-rules.

Earnings reports

PDF and Excel reports are informational tools only, not audited statements.

Stripe & payments

Tips are processed via Stripe Connect. By registering as a Worker User, you agree to the Stripe Connected Account Agreement. You must complete KYC verification before receiving payouts.

Thankly operates as a platform on top of Stripe Connect:

• Thankly does not have access to your Stripe account credentials, login information, or authentication tokens
• Thankly cannot and will not interfere with Stripe’s direct contractual relationship with you as a connected account holder
• Your rights regarding payment processing, fund holding, dispute resolution, and payout timing are governed by the Stripe Connected Account Agreement between you and Stripe directly
• Thankly’s role is limited to initiating transfer instructions, displaying transaction data, and collecting the platform fee — Thankly never takes custody of your funds
• If there is a conflict between Thankly’s instructions and Stripe’s Connected Account Agreement, Stripe’s agreement controls with respect to payment operations

App store terms

The Thankly mobile application is distributed through the Apple App Store and Google Play Store.

• The agreement for use of the Thankly Platform is between you and Thankly LLC only, not Apple Inc. or Google LLC
• Apple and Google are not parties to these Terms and bear no responsibility for the Platform or its content
• Notwithstanding the above, Apple Inc. and Google LLC are each third-party beneficiaries of these Terms and have the right to enforce these Terms against you
• In the event of any conflict between these Terms and the Apple App Store or Google Play terms of service, these Terms govern your relationship with Thankly; the app store terms govern your relationship with Apple or Google respectively
• Apple has no obligation to furnish any maintenance or support services for the Thankly app
• To the maximum extent permitted by law, Apple has no warranty obligation with respect to the Thankly app

Acceptable use

Permitted uses

• Worker Users receiving and tracking tip income
• Customer Users sending voluntary tips
• Business Users managing worker tipping programs
• Generating earnings documentation

Prohibited: financial fraud

• Creating fictitious tips or fabricating transaction records
• Money laundering or obscuring the source of funds
• Processing payments unrelated to legitimate tips
• Filing fraudulent chargebacks

Prohibited: identity and account fraud

• Impersonating another Worker or person
• Creating multiple accounts to circumvent bans or fees
• Using someone else’s QR code
• Providing false registration information

Prohibited: platform abuse

• Scraping, crawling, or data harvesting
• Reverse-engineering or decompiling the Platform
• Introducing malicious code or viruses
• Automated tools generating artificial transactions

Violations may result in warnings, suspension, payout withholding, termination, or referral to law enforcement. Report violations to legal@getthankly.com.

Content & copyright

User-generated content and profile reporting

Worker profile photos and display names are User-Generated Content (UGC). Content standards:

• Photos must be appropriate for all audiences — no nudity, hate symbols, graphic violence, or unauthorized third-party trademarks
• Display names may not impersonate real persons, public figures, or Thankly staff
• Profile content may not include copyrighted images without explicit rights-holder permission
• Thankly may remove violating UGC without prior notice

To report an inappropriate profile, tap “Report Profile” on any Worker’s public profile page. Reports are reviewed within 24 hours.

Intellectual property

All Platform content and technology is owned by or licensed to Thankly LLC. Workers retain ownership of their personal content and grant Thankly a limited display license.

Copyright and DMCA takedown policy

Thankly complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, to maintain statutory safe harbor protection.

Reporting infringement: submit written DMCA notices to legal@getthankly.com (Subject: “DMCA Takedown Notice”). Your notice must include your name, address, telephone number, and email; a description of the copyrighted work claimed to be infringed; the location of the allegedly infringing content; a good faith belief statement that the use is not authorized; a statement under penalty of perjury that the information is accurate and you are authorized to act; and your physical or electronic signature.

Counter-notification: if content was removed in error, submit a counter-notification to legal@getthankly.com with your contact information, identification of the removed content, a statement under penalty of perjury that removal was mistaken, and consent to jurisdiction of a federal court in Florida.

Repeat infringers: accounts determined to be repeat copyright infringers will be terminated.

Refunds & chargebacks

Tips are voluntary gratuities, not purchases. Thankly does not generally issue refunds after a transaction is completed.

Exceptions

Refunds may be reviewed for duplicate transactions caused by a Thankly technical error, unauthorized transactions resulting from fraud or account compromise, or obvious UI-caused input errors. Requests must be submitted within 7 days to hello@getthankly.com with transaction details.

Platform fees

Non-refundable except where required by law or under the exceptions above.

Chargebacks

• Stripe initiates a dispute process if a customer files a chargeback
• Thankly cooperates by providing transaction evidence to Stripe
• Upheld chargebacks plus associated fees may be deducted from future Worker payouts
• Repeated chargebacks may result in account suspension

Chargeback outcomes are determined by card networks. Thankly is not liable for resulting losses.

QR code & public profile

Your QR code links to a public profile showing your display name, optional photo, optional job title, and a tip payment interface. Anyone who scans your code can see this page.

What is never public

• Your full legal name (unless you choose to display it)
• Home address, phone, or email
• Banking or payout information
• Earnings history or tip amounts
• Identity verification documents

Your responsibility

You control where you display your QR code. Thankly cannot control who scans it. Display it only in professional contexts.

Disabling your profile

Deactivate your profile at any time in account settings. Your QR code stops functioning immediately. Reactivation is instant.

Business-managed profiles

If enrolled by a Business User, the business may update certain profile fields and view your tip activity but cannot access your banking details.

Electronic consent

By creating an account, you consent to receive all communications electronically, including terms of service and legal agreements, privacy policy updates, transaction receipts and confirmations, earnings reports and tax documents, account and security alerts, and customer service communications.

What you need

• An internet-connected device
• A supported web browser or the Thankly mobile app
• A valid email address
• A PDF reader for documents

Paper copies & withdrawing consent

Request paper copies at hello@getthankly.com; a reasonable fee may apply except where paper delivery is legally required. You may withdraw electronic consent at any time by contacting hello@getthankly.com, though withdrawal may limit platform access, including payouts.

This consent complies with the federal E-SIGN Act and applicable state laws. Electronic signatures have the same legal effect as handwritten signatures.

Disputes & arbitration

Informal resolution

Contact legal@getthankly.com first. A 30-day good-faith resolution period is required before initiating formal proceedings.

Binding arbitration

Unresolved disputes are resolved by binding individual arbitration under AAA Consumer Arbitration Rules, conducted in Florida or by videoconference.

Mass filing protections

If 25 or more claimants submit substantially similar demands within 60 days (a “Mass Filing”), demands are grouped into sequential batches of no more than 50 claimants, each batch is administered as a separate arbitration proceeding, and remaining demands are stayed pending resolution of earlier batches. The statute of limitations for each claimant’s claim is tolled from the date their initial demand is filed until their batch is formally scheduled, ensuring no claim expires while waiting in queue.

Arbitration opt-out

You may opt out of binding arbitration and the class action waiver by emailing legal@getthankly.com within 30 days of account creation, including your name, account email, and a clear opt-out statement.

Exceptions

Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

Business accounts

These terms supplement the Thankly Terms of Service and govern all Business User accounts. In case of conflict, these terms govern with respect to Business Users.

Registration

• Must be a duly registered legal entity
• Must have authority to legally bind the entity
• Must provide accurate business name, address, and tax identification
• Must complete all required Stripe and Thankly verification

Worker enrollment and consent

By enrolling any Worker User, you represent, warrant, and covenant that each Worker has individually given informed, affirmative consent to enroll on Thankly; each Worker has been provided access to Thankly’s Terms of Service, Privacy Policy, and fee schedule before enrollment; enrollment does not violate any employment agreement, collective bargaining agreement, or applicable labor law; you will promptly remove Workers upon termination, resignation, or written request; and you have not misrepresented enrollment as any employment benefit, wage supplement, or compensation program.

Dashboard features & data access

The dashboard includes multi-worker management, aggregate tip analytics, QR code generation, and onboarding tools. Feature availability may vary by tier.

Business accounts may access Worker display names, transaction totals, and aggregate tip activity. You agree to use Worker data solely for legitimate business management purposes, never share Worker-level data with third parties without written Worker consent, maintain appropriate technical and organizational security controls, and comply with all applicable privacy and data protection laws.

No employment relationship with Thankly

Thankly is a technology vendor only. All duties and liabilities to Workers under applicable employment law remain solely and exclusively with the Business.

Fees, billing & termination

Business subscriptions may have fees in addition to per-transaction platform fees, with 30 days’ advance notice for pricing changes. Either party may terminate with 30 days’ written notice. Upon termination, business dashboard access deactivates on the effective date, Worker Users retain their individual accounts unaffected, pending Worker payouts process per normal Stripe schedules, and all outstanding Business fees become immediately due.

Business indemnification

Business Users agree to fully and completely indemnify, defend, and hold harmless Thankly LLC and its members, managers, officers, employees, agents, successors, and assigns from any claims arising from: failure to obtain valid worker consent before enrollment; violation of the FLSA, state wage and hour laws, or worker classification laws arising from the Business’s use of Thankly; any tip-pooling or tip-sharing arrangement implemented by the Business; worker complaints, labor board filings, or litigation brought due to the Business’s workforce practices; misuse or breach of Worker data accessed through the dashboard; material misrepresentation during registration or enrollment; and any claim by a Worker that enrollment violated their employment agreement or applicable law. This indemnification is unconditional and survives termination.

FLSA and tip-pooling compliance

Thankly does not administer tip pools, calculate tip credits, verify wage law compliance, or provide legal guidance on wage and hour obligations. The Business bears sole and exclusive legal responsibility for compliance with the FLSA and all applicable wage and hour laws, lawful tip pool and tip-sharing arrangements, ensuring any tip credit is not invalidated by use of Thankly, correctly classifying Workers under applicable law, and compliance with state and local tipping regulations.

These obligations survive termination of the Business account. For enterprise inquiries, contact legal@getthankly.com.

General terms

Disclaimers & liability

The Platform is provided “as is.” Thankly disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose. Thankly is not liable for indirect, incidental, or consequential damages including lost tips or lost profits. Total liability is capped at the greater of fees paid in the prior 12 months or $100 USD.

Governing language

These Terms are prepared in English. Translated versions are for user convenience only. In any conflict, the English version controls and is the sole legally binding text.

Modifications and termination

We may update these Terms with 14 days’ advance notice. You may close your account at hello@getthankly.com. We may terminate accounts that violate these Terms.

Contact

General questions: hello@getthankly.com · Legal matters: legal@getthankly.com