Terms of Use ("Terms")
Please read these Terms of Use ("Terms" "Terms of Use") carefully before using the Top, Inc. (doing business as Downtime Dollars) application (the "Service") operated by Top, Inc. ("us" "we" or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
Accounts
When you create an account with us, you affirm that you are above the age of 13, accessing the Top, Inc. (doing business as Downtime Dollars) mobile app through traditional and expected means, and are using a valid US-based cellular network for account creation and general app usage. Top, Inc. (doing business as Downtime Dollars) prohibits accounts from being created from any internet or voice telephony communications medium (also known as VOIP or 'voice over IP'). As it pertains to traditional and expected means of use and due to the nature of presenting advertisements from our partners, Top, Inc. (doing business as Downtime Dollars) requires that all traffic occurs from within the US and that its users maintain a primary device.
Top, Inc. (doing business as Downtime Dollars) prohibits account access through any of the following means: a) via accessing a single account using multiple devices simultaneously (greater than 2 devices) or b) creating multiple accounts associated with one email or c) high or abnormal location or IP address updates or d) via resetting any identifier such as AdID or Device ID to attempt to manually re-qualify for targeted ads under a single account. Top, Inc. (doing business as Downtime Dollars) reserves the right to remove any accounts that attempt to use the Top, Inc. (doing business as Downtime Dollars) app in such a way.
By registering your Account with us, you certify that the information you provide us is accurate, complete, and current at all times. Any account in violation of these terms will result in the immediate termination of your account from the Service with no recourse for reimbursement for activity or earnings on the Top, Inc. (doing business as Downtime Dollars) app.
You are responsible for maintaining the confidentiality of your account number, including but not limited to the restriction of access to your computer and/or mobile device. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Referrals
Top, Inc. (doing business as Downtime Dollars) may offer a special incentive or monetary credits (“Points”) for existing Top, Inc. (doing business as Downtime Dollars) app users (“Referrer”) who invite friends and family to also use the Top, Inc. (doing business as Downtime Dollars) app. When available, Referrers will have the option to use a unique URL found in their Profile to share Top, Inc. (doing business as Downtime Dollars) on Facebook, Twitter (or other similar social media), or via text or email. Top, Inc. (doing business as Downtime Dollars) will track the use of this unique URL and may credit the Referrer for each new account set up (“New Customer”) as a result of their shared URL.
In order for Referrer to receive credit for New Customer, the New Customer must sign up as a new account on a new device using the unique link ("Link") provided to them by Referrer and through the course of normal app use earn at minimum 1000 points. Referrer will receive 2000 points for each New Customer that meets these requirements, up to a maximum of 20 New Customers for a maximum total of 40000 points (or $40.00) in referral credits per Referrer account. Top, Inc. (doing business as Downtime Dollars) reserves the right to deactivate or invalidate any credits obtained by Referrer in excess of these amounts. Credit amounts may vary based on region, time of year (seasonality), or program status. Credit amounts will be stated in Referrer's Earnings meter at the top center of the Top, Inc. (doing business as Downtime Dollars) app, and Referrer will be notified by in-app communications when New Customers join. The awarding of credits is not dependent on in-app communication, and credits will be awarded even if there is a malfunction in app notification to Referrer. New Customers are not eligible for any credits at this time, but Top, Inc. (doing business as Downtime Dollars) reserves the right to provide monetary credit for New Customers at any time as part of a limited-time promotion.
Referrers shall not be eligible to earn these bonuses in the following circumstances: a) if the invited users share the same mobile device or mobile phone number b) If a referral chain associated with a single person - identifiable via IP address, email address, phone number, device ID, or other means - is utilized to manipulate the referral program. Such actions violate these Terms of Use and shall be grounds for immediate termination without notice. Other recourse may also include rescinding referral bonuses or reversing/correcting user Rewards balances to a state prior to the fraudulent activity. Top, Inc. (doing business as Downtime Dollars) reserves the right to modify, adjust, or suspend the referral program at any time without prior notice.
Account Expiration & Data Retention
Top, Inc. (doing business as Downtime Dollars) user accounts expire after 6 months (180 days) of inactivity. Inactivity is defined as no app use, including opening the app from a mobile or desktop device or engaging in any in-app activity that results in earning Top, Inc. (doing business as Downtime Dollars) points. As accounts expire, Top, Inc. (doing business as Downtime Dollars) will disable access to the account and delete the user data and all related personal information. Top, Inc. (doing business as Downtime Dollars) will retain anonymized, aggregated user response data for purposes of analysis.
Intellectual Property
The Service and its original content, features, functionality, and data will remain the exclusive property of Top, Inc. and its licensors. The Service and Top, Inc. (doing business as Downtime Dollars) name is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Top, Inc.
Termination
We may terminate or suspend your account and remove access to the Service immediately, without prior notice or liability, under our sole discretion for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification
You agree to defend, indemnify, and hold harmless Top, Inc. and its licensee and licensors, and their employees, contractors, agents, officers, and directors (and successors) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) resulting from or arising out of a) your use and access of the Service by you or any person using your account and password or b) a breach of these Terms.
Limitation Of Liability
In no event shall Top, Inc. nor its directors, employees, partners, agents, suppliers (and successors), or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Top, Inc. and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right at our sole discretion to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us at support@downtimedollars.com.