Last updated: January 19, 2024
Tremendous, LLC (“Tremendous”) provides certain additional products and services to entities that hold a Tremendous Account (as defined in the applicable agreement between such party (“Client”) and Tremendous, the “Agreement”). A Client’s use of any additional product or service (each, an “Additional Service”) is subject to its applicable terms, set forth below (the “Additional Services Terms”). Additional Services are not part of the Services (as defined in the Agreement).
The Additional Services Terms supplement the Agreement and govern a Client’s use of an Additional Service. Tremendous may update these Additional Services Terms from time to time by posting an updated version of the Additional Services Terms here [hyperlink to website] and as further described in Section III.3. below. The “Last Updated” legend at the top of this page indicates when the Additional Services Terms were last revised. Any changes to the Additional Services Terms will become effective upon the earlier of: (a) Client’s first use of the Additional Service(s) with actual notice of such changes, or (b) 30 days after Tremendous posts or distributes the revised Additional Services Terms, and such changes will apply to Client’s use of the Additional Service(s) after the effective date of the revised Additional Services Terms. If Client does not wish to accept the new Additional Services Terms, Client must stop using the Additional Service(s).
In the event of a conflict or inconsistency between the terms of these Additional Services Terms and the Agreement, these Additional Services Terms will control to the extent necessary to resolve the conflict or inconsistency. All capitalized terms used but not defined herein have the meaning ascribed to them in the Agreement. Tremendous and the Client, each a “Party” and, together, the “Parties.”
I. W-9 Collection
Tremendous offers the W-9 Collection Feature (“W-9 Collection”) as an Additional Service and as a convenience for Clients. Client acknowledges that Tremendous has no independent obligation to collect W-9s from Recipients and will not file any tax forms on behalf of Client or Recipients.
Client acknowledges that W-9 Collection is dependent upon several factors, including (i) Client’s use of consistent e-mail address or other identifier (which is mutually agreed upon by the Parties) for each Recipient; (ii) such Recipient receiving Payouts totalling at least $600 in a calendar year; (iii) such Recipient accessing the Payout(s); (iv) such Recipient residing in and accessing the Payout(s) from the United States; and (v) such Recipient’s provision of complete and accurate information to Tremendous.
Tremendous is acting on Client’s behalf for W-9 Collection. Tremendous will use reasonable efforts to collect the requested information from the relevant Recipients and will make all collected information available to Client via the Client Account.
In no event is Tremendous providing legal, tax, or accounting advice in its provision of W-9 Collection to Client or any Recipient.
Further information and limitations on W-9 Collection can be found here (https://help.tremendous.com/en/articles/collect-w-9-forms-from-recipients), which is incorporated herein by reference.
Client remains responsible for the provision of any required tax forms to the Internal Revenue Service and such state agencies as may be applicable. Client’s use of W-9 Collection does not transfer or create any responsibility for Tremendous to collect or file any tax forms related to Client’s use of the Services.
Client is solely responsible for knowledge of and compliance with applicable tax laws, regulations, and guidance (collectively, “Tax Laws”). Client is not engaging Tremendous to advise on Tax Laws.
Client agrees to comply with all applicable local, state, national, and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission, and/or communication of content, in connection with its performance, participation, access and/or use of W-9 Collection.
Recipients’ Responsibility. Tremendous relies entirely on Recipient’s provision of accurate and complete information for W-9 Collection. Tremendous cannot and does not verify the accuracy or completeness of the information provided by Recipients.
II. Beta Services
Eligibility and Participation. From time to time, Tremendous offers its Clients the ability to participate in public or private beta programs and services. By using any Beta Services (defined below), Clients must comply with these Additional Services Terms and any written instructions from Tremendous, in addition to the Agreement. If Client ceases to be a “Client” as such term is defined in the Agreement, access to all Beta Services will be terminated.
Beta Services. “Beta Services” means a product, feature, or service that is designated to the user as beta, experimental, pilot, limited release, in development, development review, early access, evaluation, or is otherwise provided prior to general commercial release. Tremendous reserves the right to offer Beta Services for free or charge fees to access and use the Beta Services. Tremendous will provide information about any fees charged for the Beta Services prior to enrolling any Client in a Beta program.
The Beta Services may contain bugs, errors, and other problems. Tremendous is not obligated to provide any maintenance, technical, or other support for the Beta Services. CLIENT ASSUMES ALL RISKS AND ALL COSTS ASSOCIATED WITH ITS USE OF THE BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF ANY DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION, OR DATA.
The Beta Services are made available to Clients for the purposes of evaluation and feedback without any compensation or reimbursement of any kind from Tremendous (“Feedback”). Client acknowledges the importance of communication between Clients and Tremendous during the use of the Beta Services and agrees to receive related correspondence and updates from Tremendous with respect to the Beta Services. In the event that Client requests to opt out of receiving such communications, Tremendous reserves the right to terminate Client’s use of the Beta Services.
Client’s Feedback is requested and expected by Tremendous as part of using the Beta Services. By submitting Feedback to Tremendous, you waive any and all rights in the Feedback and that Tremendous is free to implement and use the Feedback if desired, as provided by you or as modified by Tremendous, without obtaining permission or license from you or from any third party. Client acknowledges that Tremendous owns all Feedback provided and, in the event it is required, Client hereby grants to Tremendous a perpetual, non-revocable, royalty free worldwide license to use and/or incorporate such Feedback into any Tremendous products or services at any time in its sole discretion.
Tremendous may monitor how Clients use the Beta Services and use that information to improve the Beta Services and other products and services.
Intellectual Property. Except to the extent permitted by law, Client agrees not to modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Beta Services and/or any other aspect of Tremendous technology.
III. General Terms
Disclaimer. CLIENT ACKNOWLEDGES AND AGREES THAT THE ADDITIONAL SERVICES ARE PROVIDED BY TREMENDOUS ON AN “AS IS” BASIS AND AS AVAILABLE, AND CLIENT’S USE OF ADDITIONAL SERVICES IS AT CLIENT’S SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TREMENDOUS EXPRESSLY DISCLAIMS ALL, AND CLIENT RECEIVES NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TREMENDOUS MAKES NO WARRANTY THAT ANY ADDITIONAL SERVICE WILL MEET YOUR REQUIREMENTS AND/OR THAT IT WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, NOR DOES TREMENDOUS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AN ADDITIONAL SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH AN ADDITIONAL SERVICE. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TREMENDOUS THROUGH AN ADDITIONAL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability and Indemnification. IN NO EVENT WILL TREMENDOUS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE ADDITIONAL SERVICES TERMS AND/OR WHETHER DIRECT OR INDIRECT (I) LOSS OF DATA, (II) LOSS OF INCOME, (III) LOSS OF OPPORTUNITY, (IV) LOST PROFITS, AND (V) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSE AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT TREMENDOUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TREMENDOUS’ MAXIMUM LIABILITY HEREUNDER IS LIMITED TO FIFTY DOLLARS (USD$50.00).
Client agrees to hold harmless and indemnify Tremendous, its parent and affiliates, officers, directors, agents, and employees from and against any third party claim arising from or in any related to (a) Client’s breach of these Additional Services Terms, (b) Client’s use of an Additional Service, or (c ) Client’s violation of Tax Laws or any other applicable laws, rules, or regulations in connection with the Additional Services.
Modification and Termination. Tremendous reserves the right to (i) modify these Additional Services Terms or (ii) modify or terminate its provision of any or all Additional Services, or Client’s access to or use of the Additional Service(s), at any time, in its sole discretion, for any reason, with or without notice and without liability to Client. Client understands and agrees that its use of the Additional Services after the date on which the Additional Services Terms have changed will be deemed accepted of the updated Additional Services Terms.