TERMS OF SERVICE YOURTIPS.ME
#### Preliminary Provisions
1. These Terms of Service for the internet platform "Yourtips.me" (hereinafter referred to as: "Terms" or "Yourtips.me Terms") define the rules for providing services by the Administrator – Myroot sp. z o.o. based at Grochowska 42 / 31, 04-282 Warsaw, Poland, registered in the Register of Entrepreneurs of the National Court Register, maintained by the District Court, under the number KRS 0000915046, with NIP number: 8971894458, with a share capital of 5,000.00 PLN – within the framework of the internet service called "Yourtips.me", located at the internet address https://yourtips.me and its extensions, and available via the Mobile Application.
2. The Yourtips.me Terms constitute the terms referred to in Article 8 of the Act of July 18, 2002, on the provision of electronic services (consolidated text: Journal of Laws 2020, item 334, as amended).
3. The Yourtips.me Terms are made available free of charge to every User at https://yourtips.me before they enter into an Agreement, in a manner enabling them to obtain, record, and reproduce the Terms using the information system they use.
4. Acceptance of the Terms by the Partner is a prerequisite for entering into the Agreement and receiving Tips through the Service. Acceptance of the Terms by the Client is a prerequisite for using the Service and paying Tips to the Partner. The Partner and Client give the above acceptances through separate declarations of will made electronically by checking the appropriate checkbox during the Partner's registration process on the Service or before the Client uses the Service.
5. In addition to these Terms, the content of the Agreement between the Partner and the Administrator and the rules for using the Service by the Client are determined by the conditions provided during the Partner's registration process (e.g., commission rates) and Tip Payment (e.g., Tip amount), as well as declarations (including consents) made by the User during the aforementioned processes and, as applicable, the provisions contained in other documents made available to the User in a way that allows them to familiarize themselves with them, record, and reproduce them.
#### Definitions
Terms written with a capital letter in these Yourtips.me Terms have the following meanings:
1. **Administrator** – the entity managing and operating the internet platform "Yourtips.me" (located at https://yourtips.me and its extensions), which is Myroot sp. z o.o. based at Grochowska 42 / 31, 04-282 Warsaw, Poland, registered in the Register of Entrepreneurs of the National Court Register, maintained by the District Court, under the number KRS 0000915046, with NIP number: 8971894458, with a share capital of 5,000.00 PLN;
2. **Mobile Application** – software enabling access to the Service, designed for mobile devices such as tablets, mobile phones, smartphones, and palmtops equipped with appropriate operating systems;
3. **Business Day** – a weekday from Monday to Friday, excluding Saturdays and public holidays defined in the Act on Public Holidays of January 18, 1951 (consolidated text: Journal of Laws 2020, item 1920, as amended);
4. **Client** – a natural person who uses the Service to give a Tip to the Partner by using the Service;
5. **Account** – the Partner's network space on the Service, created as a result of their registration in accordance with the provisions of the Yourtips.me Terms, from which the Partner can use, provided they are logged in;
6. **Tip** – an amount of money determined by the Client, which, based on custom, is voluntarily paid to the Partner by the Client in a non-cash form, in addition to the amount the Client pays for the received services, goods, or products;
7. **Service Support** – a unit within the Administrator's organizational structure responsible for providing Users with assistance and information necessary to use the Service and the services and functionalities offered through it. The Service Support can be contacted by sending an email to: Yourtipsme@gmail.com or through the contact form on the website: https://yourtips.me;
8. **Payment Operator** – an entity providing payment services within the meaning of the Act of August 19, 2011, on payment services (consolidated text: Journal of Laws 2020, item 794, as amended);
9. **Partner** – an adult natural person who, in the course of their professional activities, uses the Service and enters into an Agreement with the Administrator;
10. **Hardware Platforms** – programming environments meeting the technical requirements specified in these Terms and having internet access, through which it is possible to use the Service or the Mobile Application;
11. **Terms / Yourtips.me Terms** – these terms, defining in particular the rights and obligations of the Administrator and the User. The provisions of the Terms in effect at the time the Partner enters into the Agreement or the Client pays the Tip form an integral part of it;
12. **Service** – an internet service available at https://yourtips.me, managed by the Administrator. Through the Service, the Administrator allows the Client to give Tips in non-cash form and the Partner, under the Agreement, to receive them;
13. **Agreement** – a distance agreement concluded electronically between the Administrator and the Partner, the subject of which is the provision by the Administrator to the Partner of a service involving the continuous intermediation, for a fee, in obtaining and receiving Tips from Clients in non-cash form. The content of the Agreement is determined by: (i) the conditions provided during the registration process (such as the commission rate), (ii) the content of declarations (including consents) made by the Partner during the registration process, (iii) the provisions of the Yourtips.me Terms, and, as applicable, (iv) the provisions contained in other documents (e.g., in the terms of a specific promotion), made available to the Partner during registration or the term of the Agreement in a way that allows them to familiarize themselves with, record, and reproduce them;
14. **Service** – a service of intermediation in the provision of services in the field of payment transactions within the meaning of Article 43 paragraph 1 point 40 of the Act of March 11, 2004, on the goods and services tax (consolidated text: Journal of Laws 2020, item 106, as amended), provided electronically by the Administrator within the framework of the Service to the Client, the subject of which is to enable the Tip Payment, and which is an electronic service defined in the Act of July 18, 2002, on the provision of electronic services (consolidated text: Journal of Laws 2020, item 334, as amended). The scope of the Service is determined by: (i) the content of declarations (including consents) made by the Client during the Tip Payment, (ii) the provisions of the Yourtips.me Terms, and, as applicable, (iii) the provisions contained in other documents (e.g., in the terms of a specific promotion), made available to the Client before the Service is provided in a way that allows them to familiarize themselves with, record, and reproduce them;
15. **User** – Partner or Client;
16. **Business Card** – a card with the Partner's QR codes printed on it;
17. **Tip Payment** – the totality of actions taken by the Client through the Service resulting in the transfer of a Tip to the Partner.
### Agreements Concluded with Partners
1. **Entering into an Agreement and Access to Services:**
Entering into an Agreement by the Partner and the resulting access to specified services and functionalities of the Service is permissible solely for purposes related to professional activities, where tipping is a customary practice.
2. **Conditions for Agreement:**
To enter into an Agreement with the Administrator, the Partner must:
(i) Be of legal age according to the Polish Civil Code;
(ii) Register on the Service in accordance with Section 4 below;
(iii) Use one of the Hardware Platforms that enable the use of the Service, meeting the technical requirements described in Section 7 below;
(iv) Accept the content of these Terms, other provisions of the Agreement provided during the registration process (especially those relating to the commission due to the Administrator), and any other documents governing the Agreement (information about all such documents and links to them—enabling the Partner to familiarize themselves with their content before entering into the Agreement, record, and reproduce them—are presented to the Partner during the registration or Agreement conclusion process).
3. **Verification:**
The possibility of entering into an Agreement may also depend on the positive verification by the Administrator of the devices used by the Partner or the data provided by them during registration.
4. **Use of Specific Platforms:**
The possibility of entering into an Agreement, as well as using some services covered by the already concluded Agreement, is dependent on the Partner using the selected Hardware Platform, among those listed in Section 7 of the Terms.
5. **Issuing QR Codes:**
After entering into the Agreement, the Administrator issues the Partner a unique QR code; this is done by sending all the information to the Partner's correspondence address (in the form of a Business Card) and providing the codes in the Mobile Application.
6. **Rights and Responsibilities Following the Agreement:**
Upon entering into an Agreement with the Administrator, the Partner:
(i) Gains access through the Service, provided they remain logged into their Account and use a Polish IP (Internet Protocol) number—to the conditions of the Agreement, information on the amount of received Tips, and their data;
(ii) Gains the ability to obtain and receive Tips from Clients in a non-cash manner through the Service. To obtain Tips from a Client, the Partner must use the Business Card or Mobile Application to provide the Client with a QR code to scan with their mobile device (e.g., phone). The Client must be able to make an electronic payment using one of the payment methods supported by the Payment Operator. Tips received by the Partner are transferred to the Partner by the Payment Operator. The amount of Tips received by the Partner through the Payment Operator will be reduced by the commission of the Administrator and the Payment Operator, totaling 0.30 USD + 7% of the Tip amount. The first money transfer may be delayed by 6 days according to the Payment Operator's terms. This commission rate may be lower during promotional or loyalty campaigns conducted by the Administrator.
Additionally, there may be bank fees for receiving payments from Yourtips.me, depending on the plan with the banking service provider. Besides these fees, there may be a monthly subscription fee for using some features of the Yourtips.me services. The cost of this subscription may vary, and clients can see the final price in the subscription link provided by Yourtips.me. Additionally, in the case of fund withdrawals, if the currency of the Partner's bank account differs from the currency of the Partner's account in Stripe, a fee for the currency exchange difference may be charged. The exchange rate is determined by the Stripe payment system.
Our company Yourtips.me processes payments through the Stripe payment system (https://stripe.com/), which holds electronic money licenses in the EU, UK, and USA. Stripe also manages the accounts and payouts of our clients. We verify all fund recipients through Stripe during their registration in our service to comply with legal regulations. This includes collecting personal data and necessary documents, such as identity documents and proof of address. All provided documents are sent directly to Stripe and are not stored by us. This information is needed to prevent fraud and money laundering.
**Taxes:**
Regarding tax obligations, please note that subscribing to our service aims to provide a convenient tool for employees. It is important to understand that the company as a legal entity or a business administrator as a natural person is not responsible for the tax obligations of employees. The responsibility for any applicable taxes related to the received Tips rests solely with the employees. We advise employees to contact their local tax office for information on whether they are subject to such taxes, payment terms, and other relevant information. It is the responsibility of individual employees to ensure they meet their tax obligations in a timely and proper manner.
7. **Commission Deduction:**
The commission amount mentioned in Section 6 (ii) above is deducted cyclically and automatically from the amount of Tips acquired by the Partner in one day. The deduction is made by the Payment Operator based on a separate agreement with the Administrator, based on the settlement of Tips acquired by the Partner sent by the Administrator. The Payment Operator transfers the Tips amount to the Partner's bank account on the Business Day following the day the Partner acquired the Tips. The Partner receives the amount of Tips through the Payment Operator. The amounts of Tips acquired by the Partner are transferred until one of the following situations occurs:
(i) The Partner submits a statement of termination of the Agreement;
(ii) The Agreement is terminated for reasons specified in the Terms;
(iii) The Partner's access to services covered by the Agreement is blocked based on Section 8 of these Terms;
(iv) The Agreement is terminated as a result of termination by the Administrator.
8. **Bank Account:**
The Partner's bank account should be managed by a bank operating in the Partner's country of registration. In case the Payment Operator cannot transfer the Tips to the Partner's bank account for any reason, the Administrator, upon receiving relevant information from the Payment Operator, will promptly notify the Partner through the Service about this circumstance and its causes (if known). In such a situation, the Administrator is also entitled to temporarily block the QR codes assigned to the Partner.
9. **Tax Obligations:**
Since the Partner enters into the Agreement and acquires and receives Tips in the course of their professional activities conducted in their own name, the Tips received by the Partner constitute income under the Act of July 26, 1991, on personal income tax (consolidated text: Journal of Laws 2020, item 1426, as amended). The Partner is solely responsible for settling income tax on the received Tips, including paying income tax advances (if such an obligation arises from the law).
10. **Duration of the Agreement:**
The Agreement is concluded for an indefinite period.
11. **Access to Services:**
The User gains access to the services covered by the Agreement after entering into it. The above may not apply to some services or functionalities, to which access is granted within a strictly defined time or after meeting additional conditions.
12. **Termination by the Partner:**
The Partner may terminate the Agreement at any time, without giving reasons, by:
(i) Using the "Delete Account" button, located within the Account on the Service, or
(ii) Sending a statement of termination of the Agreement in documentary form (email) to the Administrator's address: yourtipsme@gmail.com.
In case of correct submission of the termination statement, the Agreement is terminated (1) at the end of the day when the Partner used the method described in point (i) above, or (2) within 2 business days from the day the Partner sent the statement to the Administrator's email address, while retaining the Partner's right to receive the due amount of Tips acquired from the moment of submission of the statement until the termination of the Agreement. At this moment, the Partner's access to the services covered by the Agreement ends. To avoid any doubts, the termination of the Agreement does not result in the deletion of the Partner's Account unless the Terms or the Administrator's statement of termination of the Agreement states otherwise.
13. **Termination by the Administrator:**
The Administrator has the right to terminate the Agreement, without giving reasons, in advance at the end of the 3rd day from the day the termination statement is submitted to the Partner. The Administrator's termination statement is sent to the Partner's email address. This right of the Administrator does not affect the possibility of earlier termination of the Agreement as a result of the Partner applying the resignation procedure described in point 13 above.
14. **Termination Due to Bank Account Issues:**
The Agreement is also terminated if, within 7 days from the day the notice is sent, the Partner does not indicate another bank account allowing the receipt of Tips or does not enable the transfer of Tips to the existing bank account.
15. **Platform Use Limitation:**
Using the Service on more than two Hardware Platforms/browsers simultaneously by the Partner constitutes a violation of these Terms.
16. **Consequences of Account Deletion:**
In case the Partner deletes their Account, all information about the Partner's activity within the Service and the Agreement (including their data and Tip history) may be automatically deleted. Deleting the Account also means terminating the Agreement and losing the ability to use the services covered by the Agreement, which the Partner entered into using the deleted Account, especially the ability to acquire and receive Tips. Later re-registration of the Account does not restore the Partner's data or information about received Tips.
17. **Service Access Issues:**
Access to and the ability to use the services covered by the Agreement may be hindered or impossible in case of failure of the environment or IT infrastructure, arising from causes beyond the Administrator's control and which the Administrator could not prevent. The Administrator will make every effort to restore the possibility of uninterrupted use of the services covered by the Agreement as soon as possible.
18. **Scheduled Maintenance:**
Access to and the ability to use the services covered by the Agreement may be hindered or impossible due to periodically conducted, scheduled maintenance of the environment and IT infrastructure. These activities are necessary to maintain the appropriate
quality of service provision, are short-term in nature, and are usually conducted at night to minimize related inconveniences.
### Right of Withdrawal
1. **Right of Withdrawal for the Client:**
The Client may withdraw from the contract for the use of the Service within 14 days of its conclusion without giving any reason. The withdrawal does not entail any costs for the Client. The right to withdraw from the contract is available to the Client who concluded the contract with the Administrator as a consumer, i.e., for purposes not related to their business activities. The right to withdraw from the contract on the same terms as a consumer also applies to other entities to which Article 221 of the Civil Code applies by law.
2. **How to Withdraw:**
The Client can withdraw from the aforementioned contract by sending a written statement or electronically to the Administrator's address.
3. **Limitations on the Right of Withdrawal:**
The right to withdraw from the contract does not apply if, with the Client's express consent, the Administrator has fully performed the Service, and the Client was informed before the performance that they would lose the right to withdraw from the contract after the Service is completed by the Administrator. The Client can give this consent during the Tip Payment process by making a separate declaration of intent in electronic form, by checking the appropriate box.
4. **Notification of Loss of Right to Withdraw:**
The Client is informed about the loss of the right to withdraw from the contract after the Administrator has completed the Service.
5. **Exclusion for Partners:**
To avoid any doubts, due to the professional nature of the Agreement for the Partner, as outlined in these Terms, the right mentioned in section 1 above does not apply to the Partner.
### Technical Requirements
1. **Technical Requirements for Using the Service:**
The ability of the User to use the Service, including entering into the Agreement by the Partner and using the Service by the Client, depends on using a computer that meets the technical requirements described below:
(i) The installed version of one of the browsers listed below, either the current version or one of the two previous versions, if not otherwise indicated, on Windows 8+ or Mac OSX 10.12+ operating systems, with cookies and JavaScript enabled:
a) Mozilla Firefox;
b) Opera;
c) Google Chrome;
d) Microsoft Edge;
e) Apple Safari, if the version is higher than 10.0.
2. **Mobile Device Requirements:**
Using the Service, entering into the Agreement by the Partner, and using the Service by the Client via mobile devices, in which the User has not made modifications inconsistent with the device manufacturer's recommendations specified in its detailed terms of use and warranty terms, is possible if the following technical requirements are met:
(i) An installed and running internet browser for mobile devices;
(ii) Equipped with one of the following operating systems:
a) The latest current version of the Android system officially published by the system manufacturer (information available at https://www.android.com/) or any of the two versions preceding the latest version;
b) The latest current version of the iOS system officially published by the system manufacturer (information available at http://www.apple.com/) or any of the two versions preceding the latest version.
3. **Using the Mobile Application:**
The Partner can use the Service via the Mobile Application on mobile devices, in which the Partner has not made modifications inconsistent with the device manufacturer's recommendations specified in its detailed terms of use and warranty terms, if the following technical requirements are met:
(i) An installed and running internet browser for mobile devices;
(ii) Equipped with one of the following operating systems:
c) The latest current version of the Android system officially published by the system manufacturer (information available at https://www.android.com) or any of the two versions preceding the latest version;
d) The latest current version of the iOS system officially published by the system manufacturer (information available at http://www.apple.com) or any of the two versions preceding the latest version.
4. **Entering into the Agreement via Mobile Application:**
The Partner can enter into the Agreement via the Mobile Application.
5. **Internet Access:**
To use the Service, access to the Internet is necessary. Neither data transmission related to the use of the Service nor its costs are covered by any agreement with the Administrator and separately burden the User according to their agreement with the service provider they use.
6. **Additional Conditions:**
Using the Service via the Mobile Application and the devices described in sections 2 and 3 above may be subject to additional conditions resulting from the regulations and agreements regarding the use of specific Hardware Platforms, issued by the providers of these Hardware Platforms.
7. **Limitations Due to User's IT Environment:**
Due to properties of the IT environment used by the User that are beyond the Administrator's control, using the Service on Hardware Platforms may be limited or impossible, and the quality or speed of provided services may be affected by the existence/operation of software from third parties or the User (particularly various types of firewalls, antivirus programs, blocks, including those preventing the display of advertisements), its combination, or configuration, affecting the available functionality or proper technical operation of the Service on Hardware Platforms. If such a situation occurs, it may particularly be necessary to uninstall specific software from the IT environment used by the User or add a specific exception within it.
8. **GSM Operator Charges:**
Data transmission charges for downloading the Mobile Application and using the Service via the Mobile Application may be billed according to the price list of the GSM operator providing telecommunications services to the given Partner.
9. **Service Quality:**
The Administrator makes every effort to ensure high quality of the Service, but given the nature of the Internet network used by the User, the Administrator does not guarantee uninterrupted and undisrupted access to the Service and the ability to use the Service.
### User's Violation of the Terms
1. **Compliance with the Law:**
The User is required to use the Service in a manner consistent with the law and good practices, considering the respect for personal rights and the intellectual property rights of the Administrator and third parties. The User is required to provide data consistent with the actual state. The User is prohibited from providing unlawful content.
2. **Prohibited Use:**
It is forbidden to use the Service for unlawful purposes or in violation of these Terms.
3. **Examples of Prohibited Actions:**
Regardless of the consequences of violating generally applicable law, the Administrator considers the following actions unacceptable:
(i) Dissemination of pornographic content;
(ii) Engaging in commercial, advertising, promotional activities;
(iii) Sending spam and unsolicited commercial information;
(iv) Using personal data of other Users for purposes unrelated to the functioning of the Service;
(v) Undertaking any actions through which the person or entity performing them unlawfully influences or attempts to influence Users, acts to their detriment, the detriment of the Administrator, or other third parties;
(vi) Publishing content in the Service that violates Polish or international laws, good practices, or moral norms, insults dignity, or violates personal rights of others, supports radical social attitudes, or advocates such views (any kind of racial, ethnic, gender, religious discrimination, etc.);
(vii) Taking any actions that may threaten the security or integrity of the network and telecommunications services.
4. **Sanctions for Violations:**
The User who uses the Service in an unacceptable manner described in section 3 above is subject to sanctions limiting the use of the Service, including:
(i) Removal of data provided to the Service by the User;
(ii) Suspension of the Agreement's performance by blocking the Account or Service related to the violation of the Terms;
(iii) Temporary or permanent blocking of QR codes assigned to the Partner;
(iv) Termination of the Agreement and permanent deletion of the Account from the Service.
5. **Complaints:**
If sanctions are imposed by the Administrator, the User has the right to file a complaint under the rules specified in these Terms.
6. **Claims for Damages:**
If the User's actions violating the Terms caused damage to the Administrator, particularly by limiting the availability of the Service to other Users in whole or in part, the Administrator may seek claims against such User in court.
7. **Unblocking of Services:**
The Administrator will unblock the Account or blocked services if the User removes the state of violation of the Terms mentioned in section 3 above, with the proviso that a subsequent block of the Account or service due to violation of the Terms mentioned in section 3 will be irreversible.
8. **Account Deletion:**
The Account may be deleted by the Administrator, resulting in the permanent deletion of the Partner's data if any of the following events occur:
(i) The Partner violates the provisions of the Terms in the manner described in section 3 above;
(ii) The Partner has not logged into the Service for 12 months since the last login unless they are acquiring Tips during this time using the Business Card;
(iii) The Partner or a third party using the Partner's Account undertakes actions that indirectly or directly interfere with the structures of the Service, to which such Partner or third party has no access, or their actions destabilize the functioning of the Service, regardless of the method and techniques of these prohibited actions.
### Protection and Processing of Personal Data
1. **Legal Protection:**
The User database is subject to legal protection, and the administrator of personal data processed within the Service is the Administrator.
2. **Privacy Policy:**
Detailed information on the processing of personal data of the User is contained in the privacy policy and the information clause provided to the User.
3. **Privacy Policy Acknowledgement:**
Before registering, the Partner is required to familiarize themselves with the content of the privacy policy and make a statement to this effect.
### Intellectual Property Rights
1. **Intellectual Property:**
Property
and related rights to the Service as a whole and its individual parts, including graphical, verbal, or musical elements, especially the Administrator's logo (a registered trademark), as well as the rights to compose these elements and their arrangement on the website, belong to the Administrator.
2. **Copyright Protection:**
Materials that are or may be works within the meaning of copyright law or subjects of related rights are protected under the Copyright and Related Rights Act without the need for a separate reservation, particularly without the need for the Administrator or User introducing them to the Service to make any statements.
3. **Administrator's Rights:**
The Administrator holds copyrights and related rights to the content and materials introduced by the Administrator and made available in the Service.
4. **Prohibition of Unauthorized Use:**
It is forbidden to copy, disseminate, or otherwise use in whole or in part the information, data, materials, or other content presented in the Service without the Administrator's consent, expressed in writing under pain of nullity, except in cases provided by mandatory general law.
5. **Database Protection:**
The provisions of sections 1 – 4 above apply accordingly to databases that are an integral part of the Service and are protected under the regulations on the protection of databases.
### Complaints
1. **Filing Complaints:**
Complaints regarding the Service and individual services (including the Service) may be submitted by the User electronically to the address yourtipsme@gmail.com.
2. **Details for Complaints:**
The User should specify the subject of the complaint, particularly describe the service or functionality to which the complaint relates, the circumstances justifying the complaint, and provide contact details (e.g., login, correspondence address, contact phone number, or email address). The Administrator may request additional information necessary for the proper consideration of the complaint.
3. **Time Frame for Complaint Resolution:**
Complaints will be considered by the Administrator promptly, within no more than 30 days from the date of receipt of the complaint.
4. **Deemed Acceptance of Complaints:**
Failure to respond to a complaint within 30 days from the date of receipt is considered acceptance of the complaint.
5. **Lack of Contact Information:**
If the complaint does not contain information enabling contact with the User, the Administrator is entitled to leave it unanswered.
6. **Judicial Claims:**
Submitting a complaint by the User, as well as its rejection or leaving it unconsidered by the Administrator, does not affect the User's right to pursue claims in court in accordance with applicable law.
7. **Alternative Dispute Resolution:**
The Client who concluded a contract with the Administrator as a consumer, i.e., a natural person performing a legal act with an entrepreneur not directly related to their business or professional activity, may use the out-of-court electronic dispute resolution through the European Union's ODR platform, allowing complaints and claims related to the indicated contract to be submitted. The European Union's ODR platform is available at: http://ec.europa.eu/consumers/odr/. Our email address is: yourtipsme@gmail.com.
### Final Provisions
1. **Effective Date:**
The Yourtips.me Terms come into force on 01.06.2024.
2. **Amendments to the Terms:**
These Terms may be amended by the Administrator. In the case of Services, any change to the Terms will apply only to Services provided after the amended Terms have been made known to the Client, particularly during the Tip Payment process, where the Client is presented with a link to the Terms, the content of which the Client accepts. In the case of Agreements, any change to the Terms will also apply to existing Agreements provided that the Partner, after being informed of the amended Terms, does not apply the procedure for resigning from the Agreement within 14 days from the date of notification by the Administrator.