Welcome to Take it Personally — cashless tipping and beyond!
These Terms of Service (“Terms of Service”), together with the Privacy Policy and any other terms referred to here, govern your use of the Take it Personally platform, which consists of the mobile application (“the App”), the web application at mytip.app (“the Web App”), and the website takeitpersonally.app (“the Site”), and includes all associated widgets, tools, data, software, and other services provided by Us (collectively, “the Platform”).
The Platform is provided by Take it Personally LLC, a company established under the laws of the State of Delaware (“the Company,” “We,” “Us,” “our”).
Take it Personally is a platform designed to improve hospitality staff welfare through cashless tipping and positive feedback. The Platform allows hotel guests to send thank-you notes and voluntary monetary tips directly to service workers, bypassing the hotel. There is no obligation for guests to tip. The Platform uses positive feedback from guests to help recognize top-performing workers and support worker recognition.
We may introduce, change, or discontinue features from time to time, which we will announce via the Site and the App. Some features described in these Terms of Service may be offered only when and as We make them available.
These Terms of Service, together with our Privacy Policy and any other terms specifically referred to here, constitute a legally binding agreement (the “Agreement”) between you and the Company regarding your use of the Platform. If you do not agree with these Terms of Service, do not use the Platform.
Business users. If you are a Business user, your use of the Platform is also governed by the Platform Services Agreement between the Company and your business. If there is any conflict between these Terms of Service and the Platform Services Agreement with respect to a Business user, the Platform Services Agreement controls for that Business user.
Payment processing. Payment processing services on the 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 using the Platform as a Tipped Worker (see Section 4.1), you agree to be bound by the Stripe Services Agreement, as it may be modified by Stripe from time to time. As a condition of using the Platform, you agree to provide accurate and complete information about yourself, and you authorize the Platform to share this information and related transaction information with Stripe.
To use the Platform, a user must have access to the Internet (for example, via mobile data or WiFi). The App is available on the App Store for iOS devices and on the Google Play Store for Android devices. The Company may update or modify the Platform at any time and for any reason in its sole discretion, including to comply with legal and regulatory requirements, improve the Platform, or offer new services. The Company will notify users of the availability of updates through the Site and the App. You acknowledge that some updates may be mandatory for continued use of the App, and that older versions may become obsolete or unsupported over time.
The Platform is designed for three types of users: “Tipped Worker,” “Tipper,” and “Business.” Any reference to “User” in these Terms of Service means any user of the Platform — whether a Tipped Worker, a Tipper, or a Business — unless stated otherwise.
Tipped Worker (also referred to in some contexts as a worker or employee): a user who receives tips for their services (for example, a hotel worker). To receive tips, a Tipped Worker must download the App, create a personal account, and complete all steps required by the payment provider.
Tipper: a user (for example, a hotel guest) who sends tips to Tipped Workers. To send a tip, a Tipper does not need to download the App or create an account. After scanning one of our QR codes, the Tipper is directed to the Web App, where they can voluntarily pay a tip via the payment gateway provided by Stripe. Tips are voluntary and given at the Tipper’s discretion, and the Tipper determines who receives the payment.
Business: a user who permits our QR codes to be placed on its premises and/or allows the workers at its location(s) to use the Platform. Businesses may subscribe to receive various reports from us. Even with a subscription, Businesses never have access to the individual tip amounts received by Tipped Workers, except where the Business has enrolled in Direct-Employee Payroll Reporting as described in the Platform Services Agreement.
Each Business remains at all times the sole employer of the persons it employs. The Business and the Company agree that no act or omission of either will be construed to make or render them joint employers, co-employers, or the alter ego of each other.
By creating an account in the App as a Tipped Worker, you expressly agree to these Terms of Service and our Privacy Policy, and you authorize us to act as your agent to process tip transactions on your behalf.
Creating an account is free of charge. Fees relating to the Platform are described in Section 5.
To create an account, you must provide your phone number. You will receive an SMS message to verify the number, and you continue the account-creation process by entering the code you receive. In the following steps, you will provide certain personal data and additional details, which we process in accordance with applicable law and our Privacy Policy. Please read the Privacy Policy, available in the “Terms and Policies” section of the App and on the Site, before using the Platform. Once registration is complete, you can begin using the Platform.
Access to Business features is available only to registered users who have agreed to these Terms of Service, the Privacy Policy, and the Platform Services Agreement. When you create a Business account, we ask for your business name, website, email address, location address and related information about each location, and information about the individual users who will have access to the dashboard and the managers’ app. Individuals register using their phone number and an email address.
The Platform does not charge Businesses a subscription fee for use of the Platform. The Platform may include optional paid features from time to time; any such feature will be clearly identified as paid before a Business enrolls.
Once an account has been created, users can:
Once an account has been created, a Tipped Worker can:
We may from time to time offer additional features to Tipped Workers, such as skill endorsements; any such feature is offered only when and as We make it available.
Your Tipped Worker account is yours. You install and use the App on your own device, and your account — including your tip history, payout history, and recognition information — stays with you regardless of where you work.
To receive tips at a particular business, that business confirms that you work there. Once confirmed, you can begin receiving tips at that location. If you leave that workplace, you stop receiving new tips there, but your account, balance, and history remain yours and stay in the App.
If you later work at another business that uses the Platform, you can keep using the same account at your new workplace — you do not need to create a new one. Each business you work with sees information relating to your activity at its own location only; a business does not receive your tip data or history from any other employer.
Tippers are not required to download the App or create an account. A Tipper who does create an account may, where We make such features available, view reports about tips paid and thank-you notes sent.
After a Tipper sends a tip or thank-you note, the Platform may present the Tipper with a prompt to leave a review of the Business on a third-party review platform. By default, the Platform directs this prompt to the Business’s review listing on Google; a Business may request a different review destination. The Company forwards the Tipper to the third-party platform and does not collect, store, host, or control any review or its content. Any review is submitted to, and governed by, the third-party platform’s own terms and privacy policy. The Company is not responsible for the content of any review or for the third-party platform.
Business users are assigned an account manager who can assist with account setup. A Business user can:
We treat thank-you notes and tips received by Tipped Workers — and, where We offer them, skill endorsements — as positive feedback from Tippers. As a Tipped Worker, you grant the Company permission to:
Recognition information is provided to Businesses for positive recognition purposes. Your recognition information is part of your account and stays with you across employers, as described in Section 4.4.1; a Business sees recognition information relating to your activity at its own location. Recognition reflects human judgment; We do not use automated decision-making that produces legal or similarly significant effects about you. By continuing to use the Platform as a Tipped Worker, you consent to the collection, use, and display of your performance information as described in this section.
Using the Platform, a Tipper can scan a QR code and see a Tipped Worker associated with that QR code, or select another Tipped Worker from the Business’s staff list. After entering the desired tip amount, the Tipper can review it and pay any associated fees. Once confirmed, the payment is processed and the Tipper’s card is charged. Tips are voluntary and are given at the Tipper’s discretion.
Payment of tips is made through a payment processor, such as Stripe. A Tipper is charged at the time of payment. When making a payment, each Tipper represents and warrants that they are using a credit card, debit card, or other payment method issued in their own name, and consents to the collection and use of their information by the payment processor as necessary to process the payment. The Company may add, remove, or replace any payment processor at any time in its sole discretion. Each Tipper is responsible for ensuring their billing information is current, complete, and accurate.
Once a Tipper has made a payment, the Tipper is not entitled to change or cancel that payment and is not entitled to a refund. If a duplicate payment is made, the Tipper may request a refund for the duplicate by contacting our support via chat or email.
A Tipped Worker can see tips received in the App in the Current Balance section. This balance is paid out automatically and free of charge once a month, subject to a minimum payout threshold of five U.S. dollars ($5). If a Tipped Worker’s balance is below the minimum threshold on a scheduled payout date, the balance carries forward to a future payout and is not forfeited; below-threshold balances do not expire. A Tipped Worker may also request a manual payout of an available balance at any time by contacting support, subject to any applicable payout fees. The next scheduled payout date is shown in the App, and payout history is available in the Payout History section. We may offer more frequent payouts at additional cost if selected by a Tipped Worker.
Tips are transferred to a bank account that the Tipped Worker provides to Stripe. When registering a bank account, the Tipped Worker represents and warrants that it is a bank account in their own name.
Stripe may require additional information from a Tipped Worker. If a Tipped Worker’s account is restricted or blocked by Stripe, or if the Tipped Worker does not provide information Stripe requires, We may be unable to make payouts to that Tipped Worker. In that case, We will send a remediation notice to the Tipped Worker through the App, by email, and/or by SMS, directing them to resolve the matter with Stripe. It is the Tipped Worker’s responsibility to provide the necessary information to Stripe. We do not charge any dormancy, maintenance, or similar fee on balances that cannot be paid out. If the matter is not resolved, We are not liable for the failure to make payouts, and any unpaid amounts will remain in our account for the period permitted by applicable law and then be handled in accordance with applicable unclaimed-property and other legal requirements.
If a Tipper disputes or charges back a payment, or if the Company determines or reasonably believes a payment was fraudulent or made in violation of applicable law, the Company may reverse the payment and recover the corresponding amount from the Tipped Worker’s balance or future tips. The Company does not charge the Tipped Worker an additional handling fee for a chargeback. Where the payment processor does not hold the Tipped Worker responsible for a fraudulent transaction, the Company will not recover that amount from the Tipped Worker.
Each payment is subject to a Transaction Fee. When making a payment, the Tipper may choose to:
The Transaction Fee is currently 10% + $0.30 of the payment. The Transaction Fee covers third-party payment-processing costs and a platform fee. Payment-processing costs vary based on factors such as the payment method, card type, issuer, and country. We currently use Stripe as our payment processor.
The Company may modify the Transaction Fee at any time. Users will be notified of changes through the App and the Site and by direct communication to the email address associated with the user’s account. Changes take effect sixty (60) days after We announce them. If a user disagrees with the new Transaction Fee, the user may stop using the Platform and close their account as described in Section 11.
The Company does not withhold any taxes from tips and does not issue tax forms (such as Form W-2 or Form 1099) to Tipped Workers for tips received through the Platform. Tips you receive are your income, and you are responsible for reporting them and for your own tax obligations.
By default, tip reporting works on a self-reporting basis: you are responsible for reporting your tips to your employer and/or the relevant tax authorities as required by law. If your employer chooses to participate in payroll reporting through the Platform, We provide your employer with aggregated tip-total data so your employer can include your tips in its payroll and pay records. Where your employer participates, your employer is responsible for notifying you that your tip totals will be shared with them for payroll. Whether payroll reporting is available to your employer depends on the terms of the Platform Services Agreement between your employer and the Company. Where available, the Platform may provide you with a tip statement to help you report your tips; any such statement is informational only and is not a tax form.
The Company does not provide legal, tax, or accounting advice. Any information We provide is for general informational purposes only and should not be relied upon for legal, tax, or accounting decisions. You should consult your own tax or financial advisor about your situation.
Each user must take care to safeguard their access credentials and not share them. Each user is responsible for keeping their credentials confidential and preventing unauthorized access. If a user suspects any fraudulent or unauthorized use or other compromise, the user must inform the Company immediately. The Company may suspend a user’s account to investigate and may request additional information or documents to verify the user’s identity before reactivating the account.
The Company grants each user a free, limited, non-transferable, non-exclusive license to use the Platform solely for the purpose of using the services it provides. The Platform, including all of its components and associated intellectual property, is the sole and exclusive property of the Company, and no right, title, or interest in the Platform or its intellectual property is granted to any user except for this limited license. This license is subject to these Terms of Service and covers any updates We may offer, unless an update is released under a separate license.
All content in the Platform (including underlying code, software, and databases) and related copyrights and other intellectual property rights — such as trademarks, service marks, designs, patents, know-how, trade secrets, and inventions — belong to or are licensed to the Company and are protected by applicable law. Any information or material you provide to the Company through the Platform’s communication channels (including feedback or comments) will not be considered confidential, and you assign to the Company, free of charge, all intellectual property rights in such information and materials. The Company may use, reproduce, transmit, distribute, modify, assign, and license such information and materials for any purpose, including developing and marketing new services.
As a user, you grant the Company a non-exclusive, fully paid-up, royalty-free, perpetual, and irrevocable license to use, reproduce, distribute, modify, adapt, create derivative works from, publicly display, perform, and otherwise use your personal data and usage data, subject to the confidentiality obligations in our Privacy Policy, in order to:
By accepting these Terms of Service, you agree not to:
You agree to determine and remit all taxes related to your use of the Platform, and to use the Platform in accordance with these Terms of Service and applicable law.
The Company may suspend or terminate your account if it determines, or reasonably believes, that you have violated these Terms of Service or applicable law. The Company may also suspend or limit any account for security reasons.
By accepting these Terms of Service, you represent and warrant that the personal data and information you provide during registration are complete and truthful, and you agree to indemnify and hold harmless the Company and its managers, agents, employees, and collaborators from any damage, claim, expense, cost, or liability (including reasonable legal fees) arising from your violation of these Terms of Service.
The Company may perform scheduled maintenance, which may cause temporary unavailability of some or all Platform functions. The Company will use commercially reasonable efforts to give advance notice of scheduled maintenance, though this may not be possible for emergency maintenance. In the event of unscheduled maintenance, such as technical failures, the Company will make reasonable efforts to restore functions as quickly as possible.
NOTWITHSTANDING THE FOREGOING, NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE, ARE MADE BY THE COMPANY. IN PARTICULAR, THE COMPANY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM IS FREE FROM BUGS, ERRORS, OR VIRUSES, OR MAKE ANY PROMISES ABOUT THE PERFORMANCE, ACCURACY, OR RELIABILITY OF THE PLATFORM, ITS ABILITY TO MEET ANY USER’S REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED.
We may revise these Terms of Service from time to time. If we do, we will notify you by notice in your user account or to the email address associated with your account. You may delete your account if you do not agree with the changes.
If you are a Business user: we will notify you of an intended amendment with a notice period of at least fifteen (15) days. If you do not agree, you may delete your account. If you continue to actively use the Platform during or after the notice period, we assume you have agreed to the new Terms of Service. The 15-day notice period does not apply where we must amend these Terms of Service under applicable law or a legally binding decision that does not allow for a notice period, or to address an unforeseen and threatening risk.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY USER FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OR OPERATION OF THE PLATFORM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO ANY USER EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY SUCH USER TO THE COMPANY IN THE PRIOR TWELVE (12) MONTHS, OR (B) ONE HUNDRED U.S. DOLLARS ($100). IF A LIMITATION IN THIS SECTION IS NOT DEEMED ENFORCEABLE, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID UNDER THE COMPANY’S APPLICABLE INSURANCE FOR THE CLAIM. THE COMPANY IS NOT LIABLE FOR DAMAGE RESULTING FROM FORCE MAJEURE — EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING WAR, ACTS OF GOD, FAILURES IN TELECOMMUNICATIONS OR THE INTERNET, PROBLEMS WITH YOUR DEVICE’S OPERATING SYSTEM, STRIKES OR LABOR DISTURBANCES, GOVERNMENT ACTION, CHANGES IN LAW, AND ACTS OR OMISSIONS OF OUR VENDORS OR SUPPLIERS.
You may terminate your account and withdraw from these Terms of Service at any time using the “Delete Account” feature in the App or by contacting the Company. Upon cancellation, you will no longer be able to access the Platform. The Company may request any outstanding amounts owed for services used up to the date of cancellation, which you must pay within thirty (30) days.
We respect intellectual property rights and expect users to do the same. If you own a copyright (or are authorized to act for an owner) and believe material on the Platform infringes it, send a notice to our copyright agent at legal@mytip.app including: a description of the copyrighted work; a description and location (URL) of the infringing material; your contact information; a statement of good-faith belief that the use is unauthorized; a statement, under penalty of perjury, that your notice is accurate and you are authorized to act; and your electronic or physical signature. We may disable or terminate accounts of repeat infringers. This process does not limit our other remedies and is not an admission of liability.
Before starting formal proceedings, you and the Company agree to attempt to resolve any dispute through good-faith negotiation for thirty (30) days.
If the dispute is not resolved, any dispute arising out of or relating to these Terms of Service or the Platform will be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules. Arbitration will be conducted in Wilmington, Delaware, or remotely by videoconference. One arbitrator will be selected as provided by the AAA rules. The arbitrator’s decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Either party may seek injunctive or other equitable relief in court, without first arbitrating, for matters involving intellectual property or unauthorized use of the Platform, or where urgent relief is needed to prevent irreparable harm.
EACH PARTY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. ALL DISPUTES MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY.
You may opt out of the arbitration agreement and class-action waiver in Sections 12.2 and 12.4 by sending written notice to legal@mytip.app within thirty (30) days of first accepting these Terms of Service. Your notice must state your name, the email associated with your account, and that you opt out of arbitration. Opting out will not affect any other part of these Terms of Service.
The Company may be required to provide certain notices or disclosures in writing. By registering and accepting these Terms of Service, you agree to receive notices and disclosures electronically and acknowledge that your electronic acceptance is legally equivalent to your handwritten signature. By using a keypad, mouse, touchscreen, or other device to select an item or perform an action indicating acceptance, you consent to be legally bound by this Agreement, and your electronic action constitutes your signature, consistent with the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN) and applicable state law.
You agree to receive notices and disclosures electronically. We provide notices to you by email or through your account; we do not provide notices by postal mail, courier, or in-person delivery.
These Terms of Service, and any dispute arising out of or relating to them or the Platform, are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles, except to the extent applicable mandatory consumer law requires otherwise. Subject to Section 12 (Dispute Resolution), each user submits to the exclusive jurisdiction of the state and federal courts located in Delaware for all legal proceedings arising out of or relating to these Terms of Service, and waives any objection to that venue.
If any provision of these Terms of Service is held invalid, the remaining provisions remain in effect, and the invalid provision will be replaced by a valid provision reflecting its original intent. Our failure to enforce a provision is not a waiver of our right to enforce it later. We log your acceptance of these Terms of Service when your account is created, and you can access and download these Terms of Service at any time through your account. If these Terms of Service are translated into another language, the English version governs.
Following termination of this Agreement, Sections 7 (except the license granted to users by the Company, which terminates on termination of this Agreement), 9, 11, 12, and 14 survive.
If you download the App from the Apple App Store or the Google Play Store, the following additional terms apply. To the extent they conflict with the rest of these Terms of Service with respect to your use of the App obtained from a store, these additional terms govern.
Acknowledgment. These Terms of Service are between you and the Company only, and not with Apple, Inc. or Google LLC (each, an “App Provider”). The Company, not the App Provider, is solely responsible for the App and its content.
Scope of license. The license granted to you for the App is limited to a non-transferable license to use the App on any device that you own or control, as permitted by the applicable App Provider’s usage rules.
Maintenance and support. The Company is solely responsible for providing any maintenance and support for the App. The App Provider has no obligation to furnish any maintenance or support services.
Warranty and claims. The Company, not the App Provider, is responsible for any product warranties and for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to applicable legal or regulatory requirements, and claims arising under consumer protection or similar legislation, to the extent not effectively disclaimed in these Terms of Service.
Intellectual property claims. The Company, not the App Provider, is responsible for investigating, defending, settling, and discharging any third-party claim that the App or your use of it infringes that third party’s intellectual property rights.
Third-party beneficiary. You acknowledge that the App Provider, and its subsidiaries, are third-party beneficiaries of these Terms of Service as they relate to your use of the App, and that the App Provider has the right to enforce these Terms of Service against you as a third-party beneficiary.
Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints, or other reasons to contact us, please email legal@mytip.app.
Version updated May 2025.
