The Receipts website, related mobile applications, and services (collectively, the “Services”) are made available to you by NFTD, Inc. (“Receipts,” “we,” “our,” or “us”), with its address at 82 Nassau St #61218, New York, NY 10038, subject to these Terms of Service (the “Terms”) and in accordance with the Receipts Privacy Policy.

More information about the Services may be found at https://receipts.xyz.

You agree to comply with these Terms and any supplemental terms Receipts makes available to you on the Services, which form part of the Terms. Receipts reserves the right to review accounts and user actions to ensure compliance. BY ACCESSING OR USING THE SERVICES, OR BY CREATING AN ACCOUNT, CLICKING “SIGN UP,” OR ANY SIMILAR MECHANISM, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES. These Terms were written in English; to the extent a translated version conflicts with the English version, the English version controls.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity and its affiliates to these Terms, in which case “you” refers to that entity and its affiliates. These Terms contain disclaimers of warranties and limitations on liability that may apply to you.

The Services cannot be provided, and the agreement described in these Terms cannot be performed, without Receipts processing data about you and other users, including your location data. Processing the data you share with Receipts, including location data captured when you check in, is essential to the Services and a necessary part of our performance of this agreement.

Notice Regarding Dispute Resolution: These Terms contain provisions governing how disputes between you and Receipts are resolved, including an agreement to arbitrate that, with limited exceptions, requires you to submit claims to binding, individual arbitration and waives class actions, unless you opt out as described below.

The Services

Receipts helps you verify real-world fitness activity and check-ins. You may connect a wearable device, tap Receipts pucks at participating gyms, studios, stores, clubs, and parks to record verified check-ins, fill punch cards, and unlock rewards and offers from participating brands. The specific features available to you may change over time as we develop the Services.

Eligibility

The Services are intended solely for individuals who are 18 years of age or older. By creating an account or using the Services, you represent and warrant that you are at least 18. We do not knowingly permit anyone under 18 to register for or use the Services. In consideration of your use of the Services, you represent that you are not barred from receiving services under the laws of any applicable jurisdiction.

Registration and Accounts

To use the Services, you must register. In doing so, you agree to (a) provide true, accurate, current, and complete information about yourself (“User Data”) and (b) maintain and promptly update your User Data. You agree that Receipts may use your User Data to provide the Services and as otherwise set forth in these Terms and our Privacy Policy. You agree to create only one account, for your own personal use, and not to share your account with others.

If you provide User Data that is inaccurate or not current, or if you create multiple accounts, or if Receipts has reasonable grounds to suspect the same, Receipts may suspend or terminate your account, reverse any points or rewards accrued, and refuse current or future use of the Services.

You are solely responsible for maintaining the confidentiality of your password and for restricting access to your account and devices while logged in, and you accept responsibility for all activity that occurs under your account. We use reasonable security measures to protect your account but cannot guarantee absolute security and cannot promise that unauthorized third parties will never access the Services. You agree to notify Receipts immediately at hello@receipts.xyz of any unauthorized use of your account or any other breach of security. Use of a unique, complex password is strongly recommended.

You may be able to register or log in via a third-party network (such as Google or Apple). If you do, you authorize Receipts to pre-populate relevant registration fields and to use those third-party credentials to log you in, and you agree to comply with that third party’s terms and policies.

Wearables and Connected Devices

The Services allow you to connect a compatible wearable device to record and verify your activity. We support direct integrations with Apple Watch, WHOOP, Garmin, Oura, and Coros, and other devices may connect through Apple Health. Your use of any device or third-party integration is subject to that provider’s own terms and policies. You are responsible for acquiring and maintaining any equipment needed to use these features, and Receipts does not guarantee that any third-party device or integration will function with the Services or be error-free.

Rewards and Points

Through your use of the Services, you may earn punches, which you complete on punch cards, and points, which you may earn for actions such as referring other users and maintaining streaks. Completed punch cards and points may be redeemed for rewards offered through the Services, which may include brand discount codes, credits, experiences, gift cards, and, in the future, Receipts merchandise and other items.

You acknowledge and agree that:

Punches and points have no cash or monetary value, are not your property, and are not transferable or exchangeable for money.
Punches and points may expire and are subject to the rules, requirements, and restrictions we document within the Services, which we may change at any time.
Points may convert to punches, and the methods, rates, and availability of earning and redeeming points, punches, and rewards are subject to change at our discretion.
We reserve the right, in our sole discretion, to restrict, limit, revoke, or deny points, punches, or rewards to any user, including where we suspect fraud, abuse, or attempts to game the Services.
We reserve the right to change how check-ins, punch cards, punches, points, and rewards function on Receipts at any time.
Rewards fulfilled by brands or other third parties are subject to those parties’ terms, and Receipts is not responsible for them, as described under “Venues, Brands, and Other Third Parties.”
Points and punches are a loyalty mechanic only.

Subscriptions and Payments

The Services are currently free for users. We may introduce optional paid subscriptions or features in the future. If and when you purchase a subscription or other paid feature, the following terms apply:

Payment method. You must designate a payment method (e.g., credit card, an online payment service, or a store account such as the Apple App Store or Google Play) (the “Payment Method”). You authorize us and our payment processors to receive, store, and encrypt your payment information. You may update your Payment Method in your account settings or, for store-based purchases, through the corresponding store.

Fees and auto-renewal. Subscription fees, plus any applicable taxes, are payable in advance and, unless otherwise stated at sign-up, renew automatically at the start of each billing period until you cancel. We will provide any advance notice and disclosures required by applicable law before charging or changing fees. We reserve the right to change fees or introduce new fees upon reasonable advance notice.

Cancellation. You may cancel a subscription at any time in your account settings or, for store-based purchases, through the corresponding store. Cancellation takes effect at the end of the current billing period, after which your account reverts to the free tier. Except as required by law or expressly stated in these Terms, fees are non-refundable.

If your payment provider identifies fraudulent charges resulting from use of your Payment Method, please contact us immediately at hello@receipts.xyz.

Account Deletion

You may delete your account at any time in settings or by contacting hello@receipts.xyz. INITIATING DELETION PLACES YOUR ACCOUNT AND DATA IN A “SOFT DELETE” PERIOD OF 30 DAYS. AFTER THE 30-DAY PERIOD EXPIRES, YOUR ACCOUNT AND DATA WILL BE FULLY DELETED FROM OUR SERVERS, except as otherwise permitted under our Privacy Policy.

Content and Conduct

Your Content. You own the information, data, and other materials you provide in connection with the Services (“Content”), including User Data and activity data from your connected devices. You grant Receipts a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, and display your Content, and your name and username, as needed to operate and provide the Services, including delivering offers and rewards. This license ends when you delete the relevant Content or your account, subject to our Privacy Policy and any legal retention obligations.

Responsibility for Content. You are solely responsible for your Content. Receipts does not routinely screen Content and does not guarantee its accuracy or quality. Receipts may, in its discretion, screen, refuse, or remove any Content that violates these Terms or is otherwise objectionable. Your relationship with Receipts is not a confidential, fiduciary, or special relationship, and Receipts will not be liable for any use or disclosure of Content except as set forth in the Privacy Policy.

Acceptable use. You agree to use the Services only for lawful purposes and not to: falsify or manipulate activity, check-in, or reward data; use bots, scripts, or automated means to access the Services or accrue points; interfere with the operation, security, or integrity of the Services; or access the Services other than through the interfaces we provide.

Permitted use. The Services are for your personal, non-commercial use. Except as expressly permitted, you may not copy, modify, distribute, sell, or create derivative works from any portion of the Services or Content (other than Content you submit).

Representations. You represent and warrant that (i) you are authorized to create your account; (ii) you own or have the right to grant the licenses to your Content set out here; (iii) your Content does not infringe or misappropriate any third party’s rights, including privacy, publicity, or intellectual property rights; and (iv) you will pay any royalties, fees, or other monies owed by reason of your Content.

Venues, Brands, and Other Third Parties

The Services connect you with participating gyms and studios (“Venues”) and participating brands (“Brands”), and may make available other third-party products, offers, and services. Receipts does not provide, endorse, or guarantee any third-party product, service, offer, or reward, and is not affiliated with, and not responsible for, any Venue, Brand, or other third party.

When you redeem a reward, activate an offer, or otherwise transact with a Venue, Brand, or other third party, you are contracting directly with that party and not with Receipts. Any terms, payment, delivery, and fulfillment are solely between you and that party. YOU AGREE THAT RECEIPTS IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR DEALINGS WITH ANY VENUE, BRAND, OR OTHER THIRD PARTY. YOU AGREE THAT RECEIPTS IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM ATTEMPTING TO CHECK IN.

The Services may contain links to third-party sites or resources, and may incorporate mapping functionality provided by third parties (currently Apple Maps). We do not endorse and are not responsible for third-party sites, resources, or services, and your use of them may be subject to those third parties’ terms.

Electronic Communications

You agree that Receipts may provide notices, disclosures, and other communications to you electronically, and that such communications satisfy any legal requirement that they be in writing.

By registering, you agree that Receipts may contact you via SMS or other text-message channels for essential service updates and account-related communications, in accordance with applicable law. Standard messaging rates may apply. You may opt out of marketing messages at any time, though you may still receive essential service communications. You represent that you are authorized to provide any third-party contact information you give us and that Receipts may process it pursuant to the Privacy Policy.

Proprietary Rights

The Services, any software used in connection with the Services, and any Content made available on the Services contain proprietary and confidential information protected by intellectual property and other laws. Except as expressly permitted by law or authorized by Receipts, you agree not to modify, rent, lease, sell, distribute, reverse engineer, or create derivative works based on the Services, software, or Content (other than Content you submit).

Receipts grants you a personal, revocable, non-transferable, non-sublicensable, non-exclusive right to access and use the Services, provided you do not copy, modify, reverse engineer, sell, sublicense, or otherwise transfer any right in the Services except where permitted by law, and you access the Services only through the interfaces we provide.

“Receipts,” the Receipts logo, and related product and service names are trademarks owned by NFTD, Inc., and you may not use them without our prior written permission. Third-party trademarks are the property of their respective owners. Receipts reserves all rights not expressly granted.

Claims of Infringement

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe material online infringes their rights. Receipts also reviews claims of trademark infringement. If you believe in good faith that material hosted by Receipts infringes your copyright or trademark rights, you (or your agent) may send us a notice requesting removal, including: (a) a physical or electronic signature of a person authorized to act for the owner; (b) identification of the work claimed to be infringed; (c) identification of the allegedly infringing material and information sufficient to locate it; (d) your name, address, telephone number, and email; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the owner. Receipts will not respond to complaints that do not meet these requirements. We may forward DMCA-compliant notifications, as submitted, to relevant third parties as required by law; these may include the submitter’s contact information. We do not otherwise share phone numbers with third parties except for mandatory account-related requirements or order processing.

If you believe a notice was wrongly filed against you, you may send a counter-notice including: (a) your name, address, and telephone number; (b) the source of the removed content; (c) a statement under penalty of perjury of good-faith belief that the content was removed in error; (d) a statement consenting to the jurisdiction of the Federal District Court for your district (or, if outside the U.S., any district in which Receipts may be found) and to accept service from the original complainant; and (e) a physical or electronic signature.

Notices and counter-notices must meet the statutory requirements of the DMCA and should be sent to:

Receipts Copyright Agent
82 Nassau St #61218, New York, NY 10038, United States
hello@receipts.xyz

Your Feedback

We welcome your comments, feedback, and suggestions (“Feedback”). If you provide Feedback, you grant Receipts a worldwide, non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty-free license to use and exploit that Feedback and to make and sell products and services based on it. Please do not send Feedback you do not wish to license to us on these terms.

Disclaimer of Warranties; Assumption of Risk; Limitation of Liability

THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTY. RECEIPTS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT RESULTS OBTAINED WILL BE ACCURATE OR RELIABLE.

NOT MEDICAL ADVICE. THE SERVICES AND ANY CONTENT ARE NOT MEDICAL ADVICE AND ARE NOT A SUBSTITUTE FOR THE ADVICE OF YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. DO NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF ANYTHING ON THE SERVICES. IF YOU HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT OR OTHER HEALTHCARE RELATIONSHIP.

ASSUMPTION OF RISK. YOU EXPRESSLY AGREE THAT PHYSICAL ACTIVITY CARRIES INHERENT RISKS OF PROPERTY DAMAGE, BODILY INJURY, OR DEATH. YOU SHOULD CONSULT A PHYSICIAN BEFORE BEGINNING OR CHANGING ANY EXERCISE ACTIVITY. YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH YOUR ATHLETIC ACTIVITIES AND YOUR USE OF THE SERVICES, AND RECEIPTS DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, OR CONDUCT OF ANY VENUE, ACTIVITY, OR EVENT THAT USES THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RECEIPTS IS NOT LIABLE FOR ANY INJURIES OR DAMAGES RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES. YOU RELEASE RECEIPTS AND ITS AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS, AND LICENSORS (THE “RELEASED PARTIES”) FROM ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND USE OF THE SERVICES, AND AGREE NOT TO SUE THE RELEASED PARTIES FOR ANY RELATED CLAIMS. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR DEALINGS WITH VENUES, BRANDS, OR OTHER THIRD PARTIES, (c) ANY DELAY OR INABILITY TO USE THE SERVICES, OR (d) ANY CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SOME OF THE ABOVE MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND ANY SIMILAR LAW), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES YOU PAID RECEIPTS IN THE 12 MONTHS PRIOR TO THE DATE THE CLAIM AROSE.

Indemnity

You agree to indemnify and hold Receipts and its affiliates, officers, agents, representatives, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of your Content, your use of the Services, your athletic activities, your violation of these Terms, your violation of any data protection or privacy laws, or your violation of the rights of another person or entity.

Notice for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Dispute Resolution

Good-faith negotiation. The parties shall use best efforts to settle any dispute through good-faith negotiation, which is a precondition to initiating arbitration or litigation.

Arbitration. Except for disputes relating to Receipts’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents), or if you opt out below, all claims arising out of or relating to these Terms and your use of the Services shall be finally settled by binding arbitration administered by JAMS under its rules and procedures for consumer-related disputes, excluding any rules permitting class actions. The arbitrator has exclusive authority to resolve all disputes, including any claim that all or part of these Terms is void or voidable, and may grant any relief available in court, provided the arbitrator may not award relief that conflicts with these Terms. The award is binding and may be entered as a judgment in any court of competent jurisdiction. To the extent the arbitration filing fee exceeds the cost of filing a lawsuit, Receipts will pay the difference. YOU AND RECEIPTS EXPRESSLY WAIVE TRIAL BY JURY. You also agree not to participate in claims brought in a private attorney general or representative capacity, or in consolidated claims involving another person’s account, if Receipts is a party. This provision is governed by the Federal Arbitration Act.

Class-action waiver. Any arbitration shall be conducted only in the parties’ individual capacities and not as a class or representative action. If a court or arbitrator determines the class-action waiver is unenforceable, or that arbitration may proceed on a class basis, then the arbitration provision above shall be null and void in its entirety.

Small-claims exception. Either party may bring an individual claim in small-claims court for disputes within that court’s jurisdiction.

30-day right to opt out. You may opt out of the arbitration and class-action-waiver provisions by sending written notice within 30 days of first registering to: NFTD, Inc., 82 Nassau St #61218, New York, NY 10038. If you opt out, Receipts will not be bound by these provisions either and may terminate your use of the Services.

Time limitation. Any claim arising out of or related to your relationship with Receipts or these Terms must be filed within one year after the claim arose, or it is permanently barred.

Choice of Law and Forum

These Terms, the Services, and your relationship with Receipts are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, and will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Subject to “Dispute Resolution,” the parties consent to the exclusive jurisdiction of the federal and state courts located in New York, New York. In any suit arising out of these Terms, the prevailing party is entitled to reasonable attorneys’ fees and costs. Except to the extent prohibited by applicable law, any claim arising out of the Services or these Terms must be filed within one year after it arose or be forever barred.

United States Operation

The Services are controlled and operated by Receipts from within the United States. We make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services or Content in violation of U.S. export laws and regulations.

Termination

Receipts may, under certain serious circumstances and without prior notice, suspend or terminate your account and access to the Services, including for (a) breaches of these Terms or related policies; (b) requests by law enforcement or government agencies; (c) your own request; (d) discontinuance or material modification of the Services; (e) unexpected technical or security issues; (f) extended inactivity; or (g) nonpayment of fees owed. Termination may include removal of access, deletion of your information and Content (subject to our Privacy Policy), and barring of further use. All suspensions and terminations are made in Receipts’s sole discretion, and Receipts is not liable to you or any third party for them. The following sections survive termination: Content and Conduct, Points and Rewards, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Dispute Resolution, Choice of Law and Forum, and General.

General

No joint venture, partnership, employment, or agency relationship exists between you and Receipts as a result of these Terms or your use of the Services. These Terms constitute the entire agreement between you and Receipts regarding the Services. Our failure to enforce any provision is not a waiver. If any provision is found invalid, the remaining provisions remain in effect, and the court should give effect to the parties’ intentions. You may not assign or transfer your account or obligations without our prior written consent; Receipts may assign its rights and use third-party contractors to fulfill its obligations. Notice to you via email, regular mail, or posting on the Services constitutes acceptable notice. Section titles are for convenience only. Any rights not expressly granted are reserved.

Modification of the Terms and Services

Certain provisions may be supplemented or superseded by legal notices or terms designated on particular pages of the Services. Receipts reserves the right to update these Terms at any time in its sole discretion and will notify you of material changes. By continuing to use the Services after notice of a modification, you agree to the modified Terms. If they are not acceptable to you, your only recourse is to stop using the Services. Receipts may also make improvements or changes to, or temporarily or permanently discontinue, the Services or any portion of them at any time, and is not liable to you or any third party for doing so.

Support and Questions

For questions regarding the Services or these Terms, please contact us at hello@receipts.xyz.