Tufa Terms of Service
Tufa (“we” or “us”) provides various support programs (“Programs”) through our website and associated mobile and software applications (“Tufa Properties”) under these Terms. Tufa operates independently with a mission to support family caregivers.
By enrolling in any Programs or using any Tufa Properties, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms.
If you disagree with these Terms, please cease all participation in the Programs and promptly terminate your account.
1. Amendments of Terms
1.1 We may modify these Terms at our discretion. Any changes become effective upon notification. We may notify you of changes via our website, email, mail, messaging services, or other reasonable means.
1.2 By continuing to use Tufa Properties after such notifications, you accept the modifications. If you object to any changes, your sole recourse is to close your account. The latest version of these Terms will be available on our website and will replace all previous versions.
2. Program Account
2.1 Our Programs are intended for residents within the United States. To join, you must be at least 18 years old and provide an email address and password to create your account (“Account”). Each individual is limited to one Account. Additional information may be required to redeem certain offers. Information submitted may be saved for use across our Programs. All collected information is governed by our Privacy Policy.
3. Informal Dispute Resolution
3.1 We prefer to resolve concerns without formal legal proceedings. Before filing a claim, please attempt to settle disputes informally by contacting our legal team at [email protected]. If a dispute persists beyond 30 days, you or Tufa may initiate formal proceedings.
4. Dispute Resolution by Binding Arbitration; Class Action Waiver
4.1 You and Tufa agree to resolve disputes through arbitration, which is less formal than court proceedings. This includes claims against Tufa’s employees or subsidiaries.
4.2 Disputes about the arbitrability of a claim shall be decided by the arbitrator, who will also determine the applicability of arbitration.
4.3 Class Action Waiver: Both parties waive the right to a jury trial and agree to bring claims only individually, not as part of any class or representative action.
4.4 You may reject future changes to the arbitration provision by notifying us within 30 days of the change.
4.5 You may opt out of arbitration by providing written notice within 30 days of becoming a member or first accessing Tufa Properties.
4.6 Arbitration Award: Judgment upon the arbitration award may be entered in any court with jurisdiction, or an application may be made to such court for judicial acceptance of the award and an order of enforcement, as appropriate.
5. Program License
Sources of Information Collection
5.1 Under this Agreement, we grant you a non-exclusive, non-transferable license to access and use Tufa Properties for personal use to access the Programs. You acknowledge that no rights are obtained other than those expressly granted in this Agreement. Tufa reserves the right to modify, upgrade, or discontinue any Program or Tufa Property at any time without notice.
6. Program Restrictions
Sources of Information Collection
6.1 You agree not to, nor permit others to:
Damage or overload Tufa Properties;
Introduce disruptive code;
Alter or delete any Content;
Access the Programs via automated means;
Use scripts for unauthorized financial gain;
Reverse engineer any Tufa Property;
Rent, sell, or sublicense Tufa Properties;
Provide unauthorized access to the Programs;
Attempt to bypass security measures;
Distribute spam or malicious software;
Post unlawful material or infringe on privacy rights;
Engage in illegal activities through the Programs;
“Scrape” or index any Content;
Conduct attacks on Tufa Properties;
Interfere with the proper functioning of Tufa Properties.
7. Programs
7.1 Cash Back
We offer Members the opportunity to earn Cash Back on qualifying purchases through Tufa Properties. Participation is at our discretion and requires compliance with this Agreement.
Members must designate a Caregiver for the Cash Back funds as a recipient. Members will not be able to access these funds, and instead they will be made available to their designated Caregiver. Access to these funds by the Caregiver is at our discretion and requires compliance with this Agreement.
Online Cash Back
(a) Online Cash Back - To earn online Cash Back, you must use the shopping links within Tufa Properties and complete your purchase in the same session. External site visits or unapproved coupons may invalidate Cash Back. Disabling cookies may also prevent earning Cash Back.
7.2 Browser Extension
We may provide a browser extension to enhance your shopping experience. Its use is governed by the Privacy Notice specific to the extension.
7.3 Gift Card Shop
We may offer a platform to purchase gift cards from various retailers. We are not the issuer of these gift cards and are not liable for their use. All purchases are subject to the Gift Card Issuer’s policies and limits set by Tufa.
8. Cash Back Exclusions
8.1 Cash Back is earned on the net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Except for gift card purchases through our Gift Card Shop, which qualify for Cash Back, purchases made with gift cards may not qualify if excluded by an Affiliate Store’s offer terms. Cash Back amounts vary by store and product category and may include exclusions as detailed in the offer terms and on the applicable store page. Please review these terms thoroughly.
9. Store Policies
9.1 Products purchased from any Affiliate Store are subject to the store’s policies, including exchange and shipping policies. We are not agents of Affiliate Stores; they operate independently and are not under our control. Your interactions and transactions with Affiliate Stores are solely between you and the store. We are not liable for any part of such interactions, offers, or promotions, including any changes or discontinuance of an Affiliate Store or its withdrawal from the Program.
10. Bonuses and Other Rewards
10.1 We periodically offer bonuses or rewards for referring new Members or for specific actions. Eligibility for bonuses and rewards requires residency in the 50 United States or Washington D.C. Bonuses cannot be combined. The terms accompanying such offers will govern their eligibility and payment. We reserve the right to withhold or cancel bonuses and rewards if deemed fraudulent or inconsistent with our terms, this Agreement, or applicable laws. Our decisions are final.
11. Payment of Cash Back and Other Rewards
11.1 Requirements
To receive payment, a Caregiver must maintain an active account, provide a valid email address, password, and physical address. You must not be a resident of a sanctioned country or listed as a blocked person under OFAC regulations.
11.2 Cash Back Payments
The minimum payment amount is $5.01. We pay members via ACH or other methods in U.S. dollars. Payment schedules may vary and are subject to change. We are not responsible for incorrect payment deliveries or errors by payment partners.
11.3 Gift Cards
Gift cards may be offered as promotions or redemption options. They are subject to the issuer’s and Affiliate Store’s terms. We are not responsible for lost or stolen gift cards.
11.4 Donations
You may donate your Cash Back earnings to charity without any fees from us. Such contributions are not tax-deductible.
11.5 Account Adjustments
We may adjust your account, and the Caregivers’ associated fund balance, for returns and cancellations. If an Affiliate Store fails to report a transaction or make payment, we may cancel the associated Cash Back. It’s your responsibility to ensure your account balance is accurate. If you disagree with any adjustments, your sole remedy is to close your account.
11.6 Taxes
You may be taxed on your receipt of bonuses and other considerations (such as merchandise or travel) for member referrals or promotional activities, depending on the tax laws of federal, state, and local jurisdictions. You are solely responsible for any tax liability arising from such considerations.
12. Account Maintenance
12.1 Updating Your Account
You agree to keep your account information current and accurate by updating it through Tufa Properties. You are responsible for maintaining the confidentiality of your account credentials.
12.2 Account Activity
An active account requires engagement with Tufa Properties at least once every twelve months. Inactive accounts may incur a maintenance fee of $5.00 per month until reactivated or the balance reaches zero. Accounts inactive for over thirty-six months may be closed permanently.
12.3 Fraudulent Activity
We reserve the right to investigate and take action against any fraudulent activity. This may include rescinding Cash Back, barring further rewards, and terminating accounts. We may delay or withhold payment if fraud is suspected. Our decisions are final.
13. Receiving Communications
13.1 Electronic Communications
By becoming a member, you consent to receive electronic communications related to your account and membership. You agree to keep your email address updated. You may opt out of certain communications as outlined in our Privacy Policy.
14. Tufa Applications
14.1 Software Applications
Tufa may offer applications to access our Programs without visiting our website. These applications must comply with U.S. export control laws and regulations.
15. Third-Party Platforms
15.1 Integration with Third Parties
Tufa Properties may integrate with third-party services to facilitate account creation and access. Use of these services is subject to the third parties’ terms and conditions.
16. Your Feedback
16.1 Contributions
You may provide feedback or suggestions about our Programs. By doing so, you grant Tufa a nonexclusive, royalty-free, perpetual right to use your feedback for any legal purpose, including promotional materials and product enhancement.
17. Community Standards
17.1 As a member of our community, you are expected to uphold a standard of conduct that reflects well on Tufa. Members must avoid sharing content that could be considered offensive, harassing, or otherwise inappropriate. This includes, but is not limited to, ethnic slurs, sexually explicit material, and derogatory comments. Violation of these standards may result in suspension or termination of membership.
18. Ownership
18.1 Tufa retains all rights to the Programs, Tufa Properties, and all related content. Trademarks and logos associated with Tufa are the property of Tufa and cannot be used without our express written consent. Misuse of trademarks or any attempt to bid on Tufa-related keywords without permission is prohibited.
19. Indemnification
19.1 You agree to indemnify Tufa against claims arising from your breach of this Agreement or any content you provide. You will cooperate in the defense of any claim. Tufa reserves the right to assume control over the defense and settlement of any claim.
20. Warranty Disclaimer
20.1 Tufa provides its Programs and Properties “as-is” without any warranty. We do not guarantee the accuracy, reliability, or completeness of any content or information provided. Tufa is not responsible for any errors or interruptions in service, nor for the absence of viruses or harmful components.
21. Limitation of Liability
21.1 Tufa’s liability for any claim arising from this Agreement is limited to the greater of fifty U.S. dollars ($50) or the maximum Cash Back amount you received in the last four years. This limitation applies to all causes of action in the aggregate.
22. Termination or Suspension
22.1 This Agreement remains effective until terminated by either you or Tufa. We may terminate your account for any reason, including inactivity. Termination may result in the loss of accrued Cash Back and rewards. Tufa is not liable for any modification, suspension, or discontinuation of the Programs.
23. General Provisions
23.1 Entire Agreement
These Terms constitute the entire agreement between you and Tufa, superseding any prior agreements.
23.2 Choice of Law and Venue
The laws of the State of California govern this Agreement. Disputes arising from this Agreement will be resolved in San Francisco County, California.
23.3 Interpretation
The headings in this Agreement are for convenience only and do not affect the interpretation of these Terms.
23.4 Waiver and Severability of Terms
A waiver of any provision in one instance is not a waiver of that provision on any other occasion. If any part of this Agreement is found to be unenforceable, the remaining provisions will continue in effect, unless otherwise stated.
23.5 Assignment
You may not assign or transfer your rights under this Agreement without our written consent. Any unauthorized assignment will be void. Tufa reserves the right to transfer or assign these Terms without your consent.