Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and Sosa Projects, LLC (“Sosa Projects,” “we,” “us,” or “our”), a California limited liability company, governing your use of the Mik mobile application (the “App”), the website at tipmik.com (the “Site”), and related services (together, the “Services”).

Please read these Terms carefully. Section 16 contains an agreement to resolve disputes through individual binding arbitration and a waiver of class actions, unless you opt out as described there. Section 5 describes automatically renewing subscriptions.

By creating an account, downloading or using the App, or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 16 years old to use the Services. If you are under 18, or under the age of majority where you live, you may use the Services only with the permission of a parent or legal guardian who agrees to these Terms on your behalf. You may not use the Services if you are barred from doing so under applicable law. By using the Services, you confirm that you meet these requirements.

2. Your account

You sign in to Mik with an Apple or Google account. You are responsible for all activity under your Mik account and for keeping your device and your Apple or Google account secure. Tell us promptly at [email protected] if you believe your account has been accessed without your permission. You may have one account per person, and you may not share, sell, or transfer your account.

3. What Mik is, and what it is not

Mik is a personal record-keeping tool. It helps you log your shifts, tips, tip outs, wages, and hours; calculates totals, averages, and estimates from the information you enter; can read a checkout slip you photograph to fill in a shift for your review; and, if you turn them on, provides optional tools to help you organize your tip records for tax purposes.

Mik is not financial, tax, accounting, or legal advice, and Sosa Projects is not a tax preparer, accountant, attorney, or financial advisor. In particular:

• Figures are informational. “Take home,” hourly averages, totals, goal progress, estimates of how many shifts a goal may take, and any tax-related figures are calculated from the information you provide and the rules built into the App. They are before taxes and other payroll deductions unless the App says otherwise, may not match what your employer pays you, and are not a guarantee of any earnings or outcome.
• Scanning can be wrong. Checkout slips are read by artificial intelligence, which can misread, omit, or invent values. You are responsible for reviewing every value before you save it. Nothing is saved until you confirm it.
• Tax tools do not file anything or determine your tax liability. Tax rules change and depend on your circumstances. Any tax-related information in the App, including information about tip reporting, qualified tips, deductions, declarations to your employer, or Form W-2 comparisons, is general information and may be incomplete, out of date, or not apply to you. You remain solely responsible for the accuracy of your records, for reporting your tips to your employer as required, and for your tax filings. Consult a qualified tax professional or the IRS for advice about your situation.
• Mik is not affiliated with your employer, any point-of-sale system, the IRS, or any government agency, and does not share your records with them except as described in our Privacy Policy.

You are responsible for the decisions you make based on information in the App.

4. Your content

“Your Content” means the information you enter, import, or upload to the Services, including your shift records and checkout photos. You keep all ownership rights in Your Content.

You grant Sosa Projects a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, and display Your Content only as needed to provide, secure, and improve the Services for you, to comply with law, and as described in our Privacy Policy. This license ends when Your Content is deleted from our systems, except as our Privacy Policy describes.

You confirm that you have the right to provide Your Content and that providing it does not violate anyone’s rights or any law or agreement, including any confidentiality obligation you owe your employer. Do not upload images of customer payment cards, customer receipts containing other people’s personal information, or anything other than your own checkout records. You are responsible for the information you enter about others, such as the names of coworkers you tip out.

5. Subscriptions, free trials, and billing

Plans. Use of the App requires a paid subscription after any free trial. The current plan is $19.99 (USD) per year, and new subscribers may be offered a 3-day free trial. Prices, trial terms, and features may vary by region and may change as described below. The price and terms shown in the App Store at the time of purchase control.

Purchases through Apple. Subscriptions are sold and billed by Apple through the App Store under Apple’s terms and your App Store account. Apple, not Sosa Projects, processes your payment.

Automatic renewal. Your subscription renews automatically at the end of each subscription period, for the same length of time, at the then-current price, and your App Store account is charged within 24 hours before the current period ends, unless you cancel at least 24 hours before the end of the current period. If you start a free trial, you will be charged the subscription price when the trial ends unless you cancel at least 24 hours before it ends.

Cancellation. You can cancel at any time in your iPhone’s Settings → [your name] → Subscriptions, or in the App Store. Cancellation takes effect at the end of the current paid period; you keep access until then. Deleting the App or your Mik account does not cancel your subscription through Apple; cancel it through Apple as described above.

Refunds. Payments are handled by Apple, and refund requests are subject to Apple’s policies. Request a refund from Apple at reportaproblem.apple.com. Except where required by law, we do not provide refunds or credits for partial subscription periods.

Price changes. We may change subscription prices. Apple will notify you of a price increase as its policies require and, where required, ask for your consent before it applies. If you do not agree to a price change, you may cancel before it takes effect.

6. Acceptable use

You agree not to, and not to help anyone else to:

• use the Services in violation of any law or anyone’s rights, or to commit fraud;
• access or attempt to access another person’s account or data, or any non-public part of the Services;
• probe, scan, or test the vulnerability of the Services, or interfere with or disrupt them, including by sending excessive requests or malicious code;
• copy, modify, distribute, sell, or lease any part of the Services, or reverse engineer, decompile, or attempt to extract their source code, except as the law expressly permits despite this restriction;
• use automated means to access the Services or collect data from them, or use the Services or their outputs to build a competing product; or
• misuse the scanning feature, including by submitting images that are not checkout records or that you do not have the right to submit.

7. Our intellectual property

The Services, including the App’s software, design, text, graphics, and the “Mik” name and logo, are owned by Sosa Projects or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the App on Apple-branded devices you own or control, for your personal, non-commercial use, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. All rights not expressly granted are reserved.

If you send us feedback or suggestions, you allow us to use them without restriction or compensation to you.

8. Third-party services

The Services rely on third-party services, such as Apple, Google, and AI model providers, and may link to third-party websites. Your use of those services is subject to their own terms and privacy policies. We are not responsible for third-party services, and their availability may affect the Services.

9. Changes to the Services

We are constantly improving Mik. We may add, change, or remove features, or suspend or discontinue the Services, in whole or in part. If we discontinue the Services entirely, we will give you reasonable advance notice where practicable so you can export your records.

10. Suspension and termination

You may stop using the Services and delete your account at any time from the App. We may suspend or terminate your access to the Services if you materially or repeatedly breach these Terms, if we are required to by law, or if your use creates a security or legal risk for us or others. Where appropriate, we will tell you and give you a chance to export your records. Sections 3, 4 (your representations), 7, and 11 through 18 survive termination.

11. Disclaimer of warranties

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

12. Limitation of liability

These limitations apply even if a remedy fails of its essential purpose, and they are an essential part of the bargain between you and us. They do not limit liability that cannot be limited under applicable law, such as liability for fraud, gross negligence, or willful misconduct where the law does not permit such a limitation.

13. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Sosa Projects and its members, managers, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of Your Content, your misuse of the Services, or your violation of these Terms or of anyone’s rights. We will notify you of any such claim and may participate in the defense with counsel of our choosing.

14. Release

To the extent permitted by law, you release Sosa Projects from claims arising out of disputes between you and third parties (such as your employer or coworkers) relating to the Services. If you are a California resident, you waive California Civil Code § 1542, which says: “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.” If you live elsewhere, you waive any similar law.

15. Governing law

These Terms and any dispute between you and Sosa Projects are governed by the laws of the State of California and applicable US federal law, including the Federal Arbitration Act, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you live outside the United States, this does not deprive you of the protection of mandatory consumer laws of your country of residence.

16. Dispute resolution and arbitration

Informal resolution first. Most concerns can be solved quickly. Before starting arbitration or a court case, you and we each agree to send the other a written notice describing the dispute and the relief sought (to us at [email protected]; to you at the email associated with your account), and to try in good faith to resolve it informally for at least 60 days. Any deadline to bring the claim is paused during this period.

Agreement to arbitrate. If we cannot resolve a dispute informally, you and Sosa Projects agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services by individual binding arbitration, rather than in court, except that either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek relief in court for infringement or misuse of intellectual property. This agreement to arbitrate is governed by the Federal Arbitration Act.

Rules and costs. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, available at adr.org, and decided by a single arbitrator. Payment of filing, administration, and arbitrator fees will be governed by the AAA’s rules, and we will pay any fees above what you would pay to file a claim in court. The arbitration will take place in your county of residence or by video or written submissions, at your choice. The arbitrator may award the same individual relief a court could, and must follow these Terms. Questions about whether a dispute must be arbitrated, including the scope and enforceability of this Section, are for the arbitrator, except that a court decides disputes about the class action waiver and the batch-filing provisions below.

Class action waiver. You and Sosa Projects may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims of more than one person or preside over any form of class or representative proceeding. If this waiver is found unenforceable as to a claim or request for relief, that claim or request will be severed and decided in court, after any individual claims are arbitrated.

Public injunctive relief. Nothing in this Section waives any right you have to seek public injunctive relief under applicable law. Any claim for public injunctive relief will be severed and decided by a court, after any individual claims are arbitrated, and stayed until then.

Mass filings. If 25 or more similar arbitration demands are filed against us by or with the help of the same law firm or organization, the demands will be administered in batches of up to 50, one batch at a time, with a single arbitrator per batch, and the rest held in abeyance, and you and we agree to cooperate to administer them efficiently. The limitations period for held claims is paused.

30-day right to opt out. You may opt out of this agreement to arbitrate by emailing [email protected] within 30 days of first accepting these Terms, with the subject “Arbitration opt-out” and your name and the email address associated with your account. Opting out does not affect any other part of these Terms or any previous arbitration agreement with us.

Changes to this Section. If we change this Section after you accepted it, you may reject the change by emailing us within 30 days of it taking effect, in which case the most recent version you accepted will continue to apply.

Courts. Any dispute not subject to arbitration, or if you opt out, will be decided exclusively by the state or federal courts located in the State of California, and you and we consent to their personal jurisdiction, except that you may bring an individual claim in small claims court where you live.

17. Apple App Store terms

If you downloaded the App from Apple’s App Store, the following also applies:

• These Terms are between you and Sosa Projects only, not Apple. Sosa Projects, not Apple, is solely responsible for the App and its content.
• Your license to use the App is limited to a non-transferable license to use it on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing where available.
• Sosa Projects is solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are Sosa Projects’ responsibility, to the extent not effectively disclaimed by these Terms.
• Sosa Projects, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar laws.
• If a third party claims that the App or your possession and use of it infringes that third party’s intellectual property rights, Sosa Projects, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
• You represent and warrant that you are not located in a country subject to a US Government embargo or designated by the US Government as a “terrorist supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms of agreement when using the App.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
• Questions, complaints, or claims about the App should be directed to Sosa Projects at the contact information in Section 19.

18. General terms

• Changes to these Terms. We may update these Terms from time to time. We will post the updated Terms here and change the effective date above. If a change is material, we will notify you in the App or by other reasonable means at least 30 days before it takes effect, unless a change is required sooner by law or to address a security issue. By continuing to use the Services after a change takes effect, you accept it. If you do not agree, stop using the Services and cancel your subscription.
• Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and us about the Services and supersede any prior agreements on that subject.
• Severability. If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permissible and the rest will remain in effect, except as stated in Section 16.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate.
• Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including failures of third-party services, networks, or utilities, natural disasters, war, labor disputes, or government action.
• Notices. We may send you notices through the App or to the email address associated with your account. You may send us notices at [email protected].
• Export controls. You may not use or export the App in violation of US export laws and regulations.
• Consumer rights. Under California Civil Code § 1789.3, California users are entitled to the following 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 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
• Headings and interpretation. Headings are for convenience only. “Including” means “including without limitation.”

19. Contact us

Sosa Projects, LLC
California, United States
Email: [email protected]