App Store_Black 2.png
Google Play_Black 2.png
  • Black Instagram Icon
  • Black Facebook Icon

Terms of Service

Welcome to Trendy Pal operated by Trendy Pal Inc. and Trendy Pal Ltd. (together, “Trendy Pal”, “we,” or “us”). This page sets forth the terms and conditions under and according to which merchants pay participate in the Trendy Pal program and may use our online and/or mobile services and software solutions (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”), and to the collection and use of your information as set forth in our Privacy Policy. Trendy Pal reserves the right to modify these terms and will provide notice of these changes as described below.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.

ARBITRATION NOTICE: THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. AGREEING TO ARBIRATION IS AN IMPORTANT DECISION WHICH YOU SHOULD CAREFULLY CONSIDER.

  1. Trendy Pal Services. Trendy Pal offers a mobile application and software eco-system for customer engagement and compensation, intended to improve customer acquisition and to promote the stores participating in the program to new potential customer circles (the “Trendy Pal Program”). This Agreement sets forth the terms for stores to join and participate in the Trendy Pal Program. Participants accepting this agreement and joining the Trendy Pal Program are herein below referred to as “Merchants”. This Agreement governs Merchant’s participation in the Trendy Pal Program at Merchant’s Store(s) (herein the “Store”).

  2. Joining the Trendy Pal Program. Merchants are invited to join the Trendy Pal Program. The enrollment to the Program shall be done by acceptance of this Agreement, payment of the applicable Participation Fees (as set for the below) and provisions to Trendy Pal of the relevant information requested by it. Nothing in this Agreement shall require Trendy Pal to approve a Merchant to enroll into the Trendy Pal Program, and such acceptance shall be exclusively at the discretion of Trendy Pal. Merchant will promptly notify Trendy Pal if, at any time, any information provided to Trendy Pal is changed or is no longer accurate or complete. The participation in the Trendy Pal Program is subject to full compliance with all policies and procedures as defined by Trendy Pal.  

  3. The Trendy Pal Program. The Trendy Pal Program includes the following main elements: (i) customers using the Trendy Pal application (the “App” and “Trendy Pal Customers”), are able to conduct purchases from Merchant’s Store, through the App (a “Trendy Pal Purchase”); (ii) Trendy Pal Customers are granted certain monetary incentives to be paid by Trendy Pal for each transaction (such as discounts or reward); (iii) the App enables the creation and sharing by Trendy Pal Customers of Social Media Platforms posts promoting stores participating in the Trendy Pal Program (a “Trendy Pal Post”); and (iv) in event a social platform contact of a Trendy Pal Customer (a “Trendy Pal Referral”) concludes a Trendy Pal Purchase in a Merchant’s store as result of a Trendy Pal Post, the Trendy Pal Customer that shares such posted, will be entitled to a reward (“Referral Reward”) paid by Trendy Pal. Payment for purchases shall be conducted by Trendy Pal Customers to the Store through the App, and Merchant will receive payments from Trendy Pal Customers via the Trendy Pal App.   Under this Agreement, Merchant shall not accept or authorize transactions, or receive payments on behalf of any other party through the App.

  4. Participation Fee. Merchants are entitled to a free trial when first signing-up with Trendy Pal to be determined at the time of sign-up with the current promotional offerings. During this period of time merchants are free to leave and cancel participation at any time prior to the free trial ending. There is no contractual agreement between the merchant and Trendy Pal ever. The merchant will not be obligated to pay a fee to leave Trendy Pal at anytime throughout the partnership. Before the free trial period ends the merchant and Trendy Pal will discuss revenue share percentage in accordance with what works best for both parties. There will never be any up-front costs, subscription fees, or participation fees. At the end of the free trial the revenue share percentage will automatically be deducted from each transaction with the use of the Trendy Pal Point of Sale Application. In addition to no upfront costs, merchant shall never be billed at the end of the month for revenue share percentage unless discussed and agreed upon in advance. 

  5. Acceptance of App. Merchant shall be obligated to accept payments through the App when used by any Trendy Pal Customer as payment for any products sold at all of Merchant’s Store. Merchant shall display the fact that it is a Trendy Pal Program participant in the Store, in a manner agreed upon with Trendy Pal. Merchant shall not solicit any customer requesting to use the App, to use any other payment method.

  6. Payment Collection. Merchant hereby appoints Trendy Pal as its agent for purposes of receiving payment from Trendy Pal Customers using the App. Payment by Trendy Pal Customers for products purchased form Merchant through the App, will constitute a payment to the Merchant for such products purchased by them. Trendy Pal will settle all payments made through the App by Merchant’s customers, to Merchant.

  7. Personal Information. Merchant acknowledges and agrees that the Trendy Pal Service is not designed for Merchant to process and Merchant agrees not to collect or hold any personal information of Trendy Pal Customers. The parties undertake to comply with any and all applicable laws, regulations and rules regarding collection, processing and sharing of personal data, including, but not limited to any laws and regulations regarding the security, use, sharing or disclosure of non-public personal information.

  8. Purchase Cancelations. In any event of a cancelation, refund or return of a product purchased by a Trendy Pal Customer, the refund or return of funds to such Trendy Pal Customer, will only be done through the Trendy Pal Service and through no other payment method. Merchant will remit to Trendy Pal any refund or return of funds, and Trendy Pal will credit such funds to the relevant Trendy Pal Customer through the App.

  9. Settlement of Payments. Pursuant to this Agreement Merchant authorizes Trendy Pal to settle funds collected from Customers through the App, to its bank account (as provided to Trendy Pal). Merchant authorizes Trendy Pal to provide instructions to Trendy Pal’s payment processor for purposes of the settlement and reconciliation of funds collected from Trendy Pal Customers to Merchant, and to provide payments, reimbursements, or refunds for Transactions (“Settlement”). Merchant acknowledges and agrees that all Trendy Pal reconciliations to Merchant’s account are conclusive for purposes of calculating the amount owed to the Merchant, after deduction of applicable fees (the “Settlement Amount”). Applicable payment processing fees are 2.9% of the transaction amount + $0.30 per each transaction. 

  10. Trendy Pal Proprietary Information. Trendy Pal owns all rights, title, and interest, in and to the Trendy Pal App and Trendy Pal Service and all components used in the provision thereof, including without limitation, all software, business methods, business processes, designs, content, and know-how, and all documentation in relation to the foregoing, used in the provision of the Trendy Pal App and Trendy Pal Service (“Proprietary Information”). Trendy Pal grants to the Merchant a non-exclusive, non-transferable license to display certain logos and trademarks of Trendy Pal as Trendy Pal may from time to time designate (“Trendy Pal Marks”), in the Merchant’s Store and on the Merchant’s Website(s) for the sole purpose of advising the Merchant’s customers at its Store and on its Website(s) of Merchant’s participation in the Trendy Pal Program. The Merchant acknowledges that it is prohibited from any use, reproduction, reverse engineering, modification, or distribution of any part of the Trendy Pal App, Trendy Pal Service, or Proprietary Information. All Proprietary Information may be used only in connection with Merchant’s use of the Trendy Pal Service and must cease immediately upon termination of this Agreement for any or no reason.

  11. Use of Merchant Information. Merchant hereby grants to Trendy Pal a non-exclusive, non-transferable, non-assignable, royalty-free license to use Merchant’s trademarks, service marks, and logos (“Merchant Marks”) solely for the purpose of marketing and offering the Trendy Pal Service. Trendy Pal agrees it will not use, register, or otherwise appropriate any name, mark, or logo which is similar to or may be confused with any Merchant Marks other than in the provision of the Trendy Pal Services. All rights with respect to the Merchant Marks not specifically granted herein are retained by Merchant.

  12. Right to make Changes. Trendy Pal may, in its sole discretion and at any time, with or without notice to Merchants, temporarily or permanently, terminate, change, suspend, modify, or discontinue any or all aspects of the Trendy Pal Program, and Merchant agrees that Trendy Pal shall not be liable to Merchant or any third party as a result of any such actions, modifications or changes.

  13. Right to Suspend or Terminate Participation. Trendy Pal reserves the right to suspend and/or terminate the participation of ant Merchant in the Trendy Pal Program, at any time and for any reason, according to its sole and absolute discretion, and Merchant shall not have any claims or demands towards Trendy Pal as result of such suspension or termination.   

  14. Merchant Responsibility to Transactions. Merchant acknowledges that Trendy Pal is not a party to the transactions between the Merchants and the Trendy Pal Customers. The Merchant agrees that any dispute regarding any product or service sold by the Merchant through the Trendy Pal App is between the Merchant and the customer that purchased or sold the goods or services, and the Merchants agrees that Trendy Pal shall not be a party to such transaction or to any dispute regarding such transaction.

  15. Merchant Representations and Warranties. Merchant represents and warrants continually during the Term that: (i) Merchant will at all times comply with all applicable law and regulations and will not conduct ant transactions through the Trendy Pal Service, in connection with any illegal, fraudulent, or deceptive activity; (ii) all of the information about the Merchant and its business provided to Trendy Pal by the Merchant is true, accurate, and complete in all material respect; and (iii) Merchant has all necessary rights, power, authority, and capabilities to enter into this Agreement and perform its obligations hereunder, and performance of its obligations will not violate any applicable law.

  16. Confidentiality. Trendy Pal and Merchant shall not disclose any Confidential Information of the other party or use such Confidential Information other than as permitted under this Agreement. Each party agrees to take all reasonable precautions to prevent any unauthorized disclosure or use of the Confidential Information of the other party. As used herein, “Confidential Information” means all information, written or oral, furnished by one party to the other, including but not limited to, financial information, techniques, processes, methodologies, schematics, ideas, analyses, performance information, user documentation, internal documentation, details of planned or current products or services or other information that should be treated as confidential by its nature.

  17. No Warranty. THE TRENDY PAL SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRENDY PAL OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TRENDY PAL DOES NOT WARRANT THAT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, TRENDY PAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE SOLD OR PURCHASED THROUGH THE SERVICE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN MERCHANT AND ITS CUSTOMERS.FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  18. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRENDY PAL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL TRENDY PAL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE, THE APP OR MERCHANT’S ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRENDY PAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; OR (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL TRENDY PAL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF THE ACTUAL DAMAGES OR $100.00, WHICHEVER IS LOWER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  19. Indemnification. Merchant shall be obligated to defend, indemnify and hold harmless Trendy Pal, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (i) any violation by Merchant of any term of this Agreement; or (ii) any claim by any third party resulting from any act or omission of the Merchant.

  20. Effect of Agreement. The term of this Agreement shall commence on the date of its acceptance by Merchant and shall continue to be effect for as long as Merchant is using the Trendy Pal Services. IF Merchant does not agree to any of the terms in this Agreement, it shall discontinue its use of the Service immediately.

  21. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

    1. Governing Law. Merchant agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Trendy Pal, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Merchant agrees to submit to the personal jurisdiction of the federal and state courts located in New York, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. Merchant agrees that New York, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

    2. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES EACH OF US TO ARBITRATE OUR DISPUTES AND LIMITS THE MANNER IN WHICH MERCHANT CAN SEEK RELIEF FROM TRENDY PAL. For any dispute with Trendy Pal, you agree to first contact us at merchant@trendy-pal.com and attempt to resolve the dispute with us informally. In the unlikely event that Trendy Pal has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS. Additionally, we each agree to use the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided below. Contact information and a description of JAMS’ arbitration process may be found at www.jamsadr.com. The arbitration will be conducted in New York, New York, unless Merchant and Trendy Pal agree otherwise. JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses. Merchant may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not relieve Merchant of its obligation to engage in the arbitration process described in this Section. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This Section shall not be interpreted as preventing Trendy Pal from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights. It is agreed that this arbitration provision will survive the termination of your relationship with Trendy Pal.   

    3. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF THE PURPOSE OF USE OF THE SERVICE, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. MERCHANT AGREES THAT, BY ACCEPTING THIS AGREEMENT, IT AND TRENDY PAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

  22. General Provisions

    1. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Trendy Pal without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

    2. Notification Procedures and Changes to the Agreement. Trendy Pal may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Trendy Pal in our sole discretion. Trendy Pal reserves the right to determine the form and means of providing notifications to Merchants. Trendy Pal may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When Trendy Pal changes the terms of this Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify Merchants that material changes have been made to the Agreement. Merchants’ continued use of the Service after any such change constitutes their acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.

    3. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Trendy Pal in connection with your participation in the Trendy Pal Program, shall constitute the entire agreement between you and Trendy Pal concerning such participation. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

    4. Relationship. This Agreement and Merchants use of the Trendy Pal Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Trendy Pal and Merchant.

    5. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Trendy Pal’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

    6. Contact. Please contact us at merchant@trendy-pal.com with any questions regarding this Agreement or for any support issues.