These Terms of Service (“Terms of Service“) apply to the use of the Take it Personally (or tiP) platform consisting of a the mobile application and its services, which can also be accessed through the web app at mytip.app (“the App”) and website takeitpersonally.app (“the Site”), (collectively “the Platform“).
The Platform is owned by Take it Personally BV. a private company with limited liability, having its statutory seat in Amsterdam, the Netherlands and registered address at Barkentijnkade 125 1086VL Amsterdam, and registered with the trade register of Netherlands under number 75777568 (“Company“) which created, developed and manages them.
Take it Personally (tiP) is a mobile and web application that enables hotel guests to pay tips to hotel workers by scanning QR codes placed in the hotel. Additionally, it allows guests to share their appreciation for the workers by sending them Thank you notes which contribute to their professional reputation growth. We may come out with new features from time to time in the future, which we will communicate to you through our website and mobile application.
By downloading and using the App or the Site, the user fully accepts the content of these Terms of Service, as well as the service agreement of the payment processor. Payment processing services for hotel workers and guests on tiP platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Service or continuing to operate as a hotel worker on tiP platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of tiP platform enabling payment processing services through Stripe, you agree to provide tiP platform accurate and complete information about you and your business, and you authorize tiP platform to share it and transaction information related to your use of the payment processing services provided by Stripe. We encourage you to carefully read these Terms of Service before downloading and using the App and its corresponding Site.
To use the Platform user must have access to the Internet network (for example via 3G, 4G, or WiFi). The mobile App is available on the App Store for iOS devices and on Google Play Store for Android devices. The Company will update its Site regarding the compatibility of the App with the versions of the iOS and Android operating systems. The Company may update or modify the Platform to comply with legal and regulatory requirements, improve services or offer new ones. The Company will notify users of the availability of updates through the Site and the App. You acknowledge and agree that some updates may be mandatory for continued use of the App, and older versions may become obsolete or no longer be supported over time.
The Platform is designed for three types of users: “Tipped“, “Tipper” and “Business”. Any mention of the term “user” in these Terms of Service should be interpreted as referring to any user of the Platform, whether a Tipper, a Tipped or a Business unless explicitly stated otherwise. Tipped are the users (for example, the hotel workers) who are receiving tips for their services. To receive tips, Tipped users must download the App, create a personal account and complete all necessary steps required by the payment provider. Tippers are users (for example, the hotel guests) who pay tips to the Tipped users. To arrange the payment of the desired tip, they do not need to download the App or create an account. They can pay tips via payment gateway provided by Stripe. However, creating a Tipper account is suggested to access all the features and services offered by the App. Businesses are the users (for example, the hotels) who allow placing QR codes on their premises and who subscribe for receiving guest satisfaction reports, for example statistics of top performing workers. However the Businesses can never access the information about the amount of tips received by the Tipped.
When creating an account, the Tipped user is able to:
Tippers are not required to download the App or create an account. However they may choose to do so. When creating an account, the Tipper user can:
Business users get assigned to an Account manager who can either assist with setting up or fully manage the Platform based on the plan selected. By creating an account, Business users can:
All financial transactions will be performed through the third party payment provider Stripe. Additional payment platforms may be included in the future. Processing payment of tips from Tipper to Tipped users involves charging the fee. The fee consists of a commission charge by the Platform and a transaction costs charged by the third party payment provider (transaction costs may vary based on your location and payment methods selected). You can consult the Fee Plan for more details. By accepting these Terms of Service, the user declares to accept the Fee Plan. This means that the Company will only pay the user the amounts owed after deducting the relevant fees, as outlined in these Terms of Service. Business users can opt for custom subscription plans with monthly prices that are tailored to the size of their business.
The Company reserves the right to modify the Fee Plan at any time. The user will be notified of any changes to the Fee Plan through publication in the App and on the Site, as well as through direct communication to the user’s provided email address. Changes to the Fee Schedule will take effect sixty (60) days after the day on which the Company has announced them. If the user disagrees with the new Fee Plan, they may withdraw from these Terms of Service without incurring any charges, as per the provisions of Article 8 of these Terms of Service.
The Company and the Platform do not withhold taxes on tips issued to users. Business users do not have access to the information about tips received by the Tipped users, therefore isn’t responcible for any taxes related to it. The Platform Tipped users are solely responsible for their individual tax responsibilities. The Platform provides Tipped users with the reports on the tips received.
The user has the right to reconsider within fourteen (14) days from the acceptance of these Terms of Service without charge and without specifying the reason within fourteen (14) days from the acceptance of these conditions, as per Article 9. Any transactions conducted during this period (for example, the provision of a tip in favour of a Tipped) will not be affected by such withdrawal.
Some of the services offered by the Platform may require you to set a personal security identification number (in addition to your password) or configure the use of your fingerprint and/or face recognition after logging in. The user must take great care in safeguarding their access credentials and ensure they are not shared with third parties. It is the user’s responsibility to keep the credentials confidential and prevent any unauthorized access. In the event of any suspected fraudulent, unauthorized or undue disclosure, the user must immediately inform the Company. The Company may suspend the user’s account to investigate the issue and may request additional information and/or documents to verify the user’s identity before reactivating the account.
The Company provides a free, limited, non-transferable and non-exclusive license to the user who downloads the App for installation and use solely for their own purposes. The App is not sold to the user. This license is subject to these Terms of Service and also covers any updates the Company may offer to the user, including those in the future, unless they are released under a new license at the time of the update. It is understood that all content in the App (including underlying material such as codes, software, and databases) and related copyrights and other intellectual property rights, such as trademarks, service marks, designs (registered and unregistered), patents, know-how, trade secrets, inventions, belong to the Company or are licensed to it, and are protected by applicable copyright and intellectual property laws. By providing any information or material, including feedback and/or comments about other users, to the Company through the communication channels offered by the App, you agree that such information or material will not be considered confidential. By providing such information or materials, you assign and transfer to the Company, free of charge, all intellectual property rights related to such information and materials. The Company shall then be free to use, reproduce, transmit, distribute, disseminate (including through third-party platforms), modify, assign and license such information and materials for any purpose, including the development, implementation, and marketing of new services and/or products.
By accepting these Terms of Service, the user agrees to:
The Company reserves the right to perform scheduled maintenance on the services provided by the App, which may cause temporary unavailability of some or all of the App’s functions. The user will be adequately notified before such maintenance is carried out. In the event of unscheduled maintenance, such as technical failures or system errors, the Company will make every effort to restore the App’s functions as quickly as possible but may not be able to provide sufficient notice to the user. It should be understood that the Company will not be liable for any consequences arising from the unavailability of the App due to any technical problems, whether planned or unplanned, that are beyond its control.
We may have to change these Terms of Service from time to time. If we do so, we will notify you thereof in advance or we will introduce the changed terms in a new version of Take it Personally and let you know they have been updated. You can delete your Take it Personally and cancel your subscription if you do not agree with the changes. However, if you are a Professional, the following applies: we will notify you of the intended amendment of the Terms of Service, taking into account a notice period of at least 15 days. If you do not agree to the amendment, you may delete your account. If you continue to actively use Take it Personally, either during the 15 day notice period or thereafter, we assume you have agreed to the new Terms of Service. The above 15 day notice period does not apply if we have to amend our Terms of Service pursuant to applicable laws and this does not allow for a notice period, or if we have to amend our Terms of Service in relation to an unforeseen and threatening risk. The Terms of Service may apply retrospectively in case of changes required pursuant to applicable laws.
Of course, we don’t want you to suffer damage as a result of your use of our app. BUT, IF THIS DOES HAPPEN THEN, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, WE, AS WELL AS THE PARTIES AND PERSONS WE WORK WITH IN RELATION TO OUR APP AVAILABLE, LIMIT OUR LIABILITY AS SET OUT BELOW. WE LIMIT OUR LIABILITY TO DIRECT DAMAGES, AND TO EITHER THE AMOUNT YOU PAY FOR THE APP, IF ANY, OR IF THIS IS NOT DEEMED REASONABLE, THE AMOUNT PAID BY OUR INSURER, OR, IF OUR INSURER DOES NOT PAY OUT, AN AMOUNT OF EUR 250 (TWO HUNDER AND FIFTY EURO’S). DIRECT DAMAGES ARE THE COSTS FOR DETERMINING THE DAMAGE AND OUR LIABILITY. WE CANNOT BE HELD LIABLE FOR ANY OTHER TYPES OF DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE, LOSS OF PROFIT, LOSS OF BUSINESS OPERATIONS, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, REPUTATIONAL DAMAGE, DAMAGE CAUSED BY, OR TO OTHER TAKE IT PERSONALLY USERS, DAMAGE CAUSED BY US BLOCKING YOUR ACCOUNT AS SET OUT IN THESE Terms of Service, OR OTHER TYPES OF DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF YOU OR US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS DO NOT APPLY IN CASE OF THE INTENT OR GROSS NEGLIGENCE OF OUR MANAGING DIRECTORS – WHO CANNOT HOWEVER IN ANY CASE BE HELD PERSONALLY LIABLE. WE ARE NOT LIABLE FOR DAMAGE AS A RESULT OF ‘FORCE MAJEURE’ EVENTS (IN NORMAL LANGUAGE: EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL). THIS INCLUDES AMONGST OTHERS ERRORS IN TELECOMMUNICATIONS INFRASTRUCTURE OR THE INTERNET, PROBLEMS WITH OPERATING SYSTEM MANUFACTURER OF YOUR DEVICE, PROBLEMS WITH OUR EMPLOYEES, GOVERNMENT MEASURES, AGENTS OR SUPPLIERS WHICH WE DEPEND ON TO MAKE TAKE IT PERSONALLY AVAILABLE TAKE IT PERSONALLY. WE ALSO, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS OR PERFORMANCE OF A SERVICE, OR NON-INFRINGEMENT, OR THAT THE SERVERS THAT MAKE TAKE IT PERSONALLY AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ANY EVENT WE CAN ONLY BE LIABLE FOR DAMAGE AFTER WE HAVE BEEN SERVED A WRITTEN NOTICE OF DEFAULT, SETTING OUT THE DEFAULT IN DETAIL AND ALLOWING US A REASONABLE REMEDY TERM OF AT LEAST FOUR WEEKS TO REMEDY THE DEFAULT, AND IF WE HAVE THEN NOT REMEDIED THE DEFAULT WITHIN SUCH TERM. To the extent permitted by applicable laws, you are responsible for any claims from others that we receive, and which are the result of you not complying with these Terms of Service, or any other of your acts or omissions.
The user can terminate their account and withdraw from these Terms of Service at any time using the “Delete Account” feature within the App or by contacting the Company through the provided contact information. Upon cancellation of the account, the user will no longer be able to access the services provided by the App. The Company will immediately request any outstanding fees or balance owed to them for services used up until the date of cancellation, and the user must pay the full amount within 30 days.
The legal relationship with you, including these Terms of Service and any ensuing conflicts are governed by the laws of the Netherlands. However, applicable mandatory consumer law may determine that another law applies. If it doesn’t then exclusively the laws of the Netherlands apply. The court in the area of our main establishment in the Netherlands has jurisdiction with regard to any conflicts between us. However, if applicable laws appoint another court pursuant to consumer law, you are entitled to invoke the jurisdiction of such other court, within a month after we have invoked this clause. In case a provision of these Terms of Service is invalid in any way, this does not influence the other provisions of the Terms of Service. The invalid provision will be deemed replaced by a provision that is valid, in view of its original intent and purpose. We will update our Terms of Service as soon as possible. If we do not enforce a certain provision of these Terms of Service, this does not mean we waive our rights to enforce such, or any other provision. The agreement with you is archived in the sense that we log your acceptance of these Terms of Service and the registration of your account. You can access and download these Terms of Service at any time through your account. The agreement with you is concluded in English or in other languages as indicated in the app store. If these Terms of Service are translated, the English version always prevails. When you download Take it Personally, you can immediately start using it, this means you have no 14 day cancellation right – in so far as this were to be applicable in your jurisdiction to you as a consumer. Professionals are listed in Take it Personally on the basis of proximity and the reputation they’ve built up in Take it Personally (in a ‘face cloud’, the Professional with the highest reputation has the biggest photograph), not on the basis of a certain ranking. We do not treat Professionals unequally, e.g. because they pay us. After the agreement between us has ended, the provisions in articles 6, 7, 8, 10 and 12 shall survive. If the Professional is established outside the Netherlands, articles 6:232 and 6:234 (jo. 6:230c) of the Dutch Civil Code apply.
If you have any questions or complaints or another reason to contact us, please do so at: email@example.com
Version updated on March 2023