Welcome to Take it Personally – cashless tipping and beyond!
These Terms of Service (“Terms of Service”) together with the Privacy Policy and other Terms mentioned 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 also includes all associated widgets, tools, data, software, and other services provided by Us (collectively “the Platform“).
The Platform is brought to you by Take it Personally LLC which is a company established under the laws of the State of Delaware (company no: 3910944) with its registered address 8 The Grn, Ste R, Dover, DE 19901, US (“the Company”, “We”, “Us”).
Take it Personally is a Platform designed to improve hospitality staff welfare through cashless tipping, positive feedback, and career development. Our Platform allows hotel guests to give positive feedback, such as thank you notes and skill endorsements, directly to service workers. Guests can also voluntarily send monetary tips directly to the workers, bypassing the hotel. There is no obligation for guests to pay tips. Take it Personally Platform uses this feedback from the guests to highlight top-performing workers, grant awards, and support workers career development. We may introduce new features in the future, which will be announced via the Site and the App.
These Terms of Service, together with our Privacy Policy and any other terms specifically referred to herein and therein, constitute a legally binding agreement (the “Agreement”) between you and the Company in relation to your use of the Platform. If you do not agree with these Terms of Service, do not use the Take it Personally Platform.
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 user (see 4.1), 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 to your use of the Platform, you agree to provide the Platform accurate and complete information about you, and you authorize the Platform to share this information and transaction information related to your use of the Platform with Stripe.
To use the Platform a user must have access to the Internet (for example via 3G, 4G, or WiFi). The App is available on the App Store for iOS devices and on Google Play Store for Android devices. The Company may update or modify the Platform at any time and for any reason in its sole and exclusive discretion, including to comply with legal and regulatory requirements, improve services or offer new services. 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 who receive tips for their services (for example, the hotel workers). To receive tips, Tipped users must download the App, create a personal account and complete all necessary steps required by the payment provider.
Tipper: are the 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. After scanning one of our QR codes they are directed to the Web App where they can voluntarily pay tips via the payment gateway provided by Stripe.
Tips are voluntary and given at the discretion of the Tipper. Tipper has the right to determine who receives the payment.
Business: are the users who permit our QR codes to be placed on their premises and/or allow their employees to use our Platform. Businesses can subscribe to receive various reports from us. However, even with a subscription, Businesses never have access to individual tip amounts received by the Tipped users.
Each subscribing Business shall at all times remain the sole employer of persons it employs and, to this end, the Business and the Company agree that no act or omission of the Business or the Company shall 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 user you expressly agree to these Terms of Service and our Privacy Policy and authorize us to act as an agent and process financial transactions on your behalf.
Creating an account is free of charge. Conditions and charges for services provided by the App are outlined in Article 5 of these Terms of Service.
To create an account, you must provide the Company with your phone number. You will receive an SMS message to verify the provided phone number. You can continue with the account creation process by entering the received code.
In the next steps you must provide the Company with some of your personal data and additional details, which will be processed in accordance with applicable law, including those related to privacy and data protection. Before using the Platform, please read the Privacy Policy, which also can be found in the “Terms and Policies” section of the App and on the Site. The Privacy Policy outlines the methods and purposes of collecting and processing personal data related to users who use the services offered on the Site and the App, including those who surf, interact, register, or make requests. Once the registration process is complete, the Tipped user can start using the services offered by the Platform.
Access to the services of the Platform is only available to registered users who have expressly agreed to these Terms of Service and the Privacy Policy and Subscription Terms. When you first create an account on the Platform, we ask you for your business name, website, email address, location address and related information about each location, as well as information about individual users who would have access to the dashboard and the managers app. Individuals register using their phone number and an email address.
Once an account has been created, users can:
Once an account has been created, 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. Once an account has been created, the Tipper can:
Business users are assigned to an account manager who can assist with setting up the account. By creating an account, Business users can:
We consider thank you notes, tips, and skills endorsements received by Tipped users as positive feedback from Tippers. As a Tipped user, you grant permission to the Company to:
By continuing to use our platform as a Tipped user, you explicitly consent to the collection, use, and display of your performance information as described in this section.
Using the Platform, Tipper can scan a QR code and see a Tipped user associated with that QR code at that moment. The Tipper can also select another Tipped user from the staff list of that Business. After entering the desired tip amount, the Tipper has the opportunity to review it and to pay any associated fees. Once confirmed, the payment is processed, and the Tippers’ card is charged.
Payment (“the Payment”) of tips is made through a Payment Processor, such as Stripe. A Tipper will be charged at the time of making the Payment. When making a Payment through the Platform, each Tipper represents and warrants that he or she is using a credit or a debit card or another payment method issued in his or her own name. Each Tipper consents to the collection and use of his or her information (including, if applicable, personal data) by such Payment Processors as is necessary to process the Payment. The Company reserves the right to add, remove or replace any Payment Processor connected to the Platform at any time in its sole discretion. Each Tipper is responsible for ensuring that all of his or her billing information is current, complete, and accurate.
Once Tipper has made a Payment, the Tipper shall not be entitled to change or cancel that Payment and shall not be entitled to a refund. If a duplicate payment is made, Tipper can request a refund for the second payment by contacting our support via chat, email, or phone.
Tipped users can see the tips paid by Tippers to them in the App in the Current Balance section. This balance is automatically and free of charge paid out to Tipped users once a month. The next payout date is reflected in the App in the Next Automatic Payout section. All tips will be paid not later than the end of the month following the month they were collected. We may provide an option for more frequent payouts at additional cost if selected by a Tipped user. Tipped users can see all payouts received in the App in the Payout History section.
Tips will be transferred to an accepted bank account provided by the Tipped user to Stripe via API in our Platform. The Tipped user, when registering a bank account, represents and warrants that it is using a bank account in his or her own name.
Stripe may require additional information from the Tipped user. If the Tipped user fails to provide the information required by Stripe, it may result in our inability to make payouts to this Tipped user. In this case, it is the responsibility of the Tipped user to provide the necessary information to Stripe. If the problem is not resolved, the Company shall not be liable for the failure to make payouts and the Tipped user waives any and all legal rights and claims against us. All unpaid amounts will remain in our account for the time permitted by applicable law and then processed in accordance with legal requirements of the country in which the Tipped user resides.
Each Payment is subject to the Transaction Fees, as described below. When making a Payment, the Tipper must choose either to:
Currently the Transaction fee is equal to 10% of the Payment. This fee includes:
However, we reserve the right to increase or decrease the Transaction Fee at any time in our sole and exclusive discretion .
Payment Processor Fees vary based on the factors such as the chosen payment method, the customer’s card type, issuer, and the country. The following is an estimate of the Payment Processor Fees:
Currently, we use Stripe as the Payment Processor. The latest Stripe fees structure can be found at Stripe Pricing and Stripe Connect Pricing.
The Platform Fee is the remaining amount after subtracting Payment Processor Fees from the Transaction Fee. Therefore, the Platform Fee amount will depend on the same factors affecting Payment Processor Fees, such as payment method, customer’s card type, issuer, and country.
The Company reserves the right to modify the Transaction Fee at any time. Users will be notified of any changes to the Transaction Fee through publication in the App and on the Site, as well as through direct communication to an email address associated with the user’s account. Changes to the Fee Schedule will take effect sixty (60) days after the day on which the Company announces them. If a user disagrees with the new Fee Schedule, the user may withdraw from these Terms of Service without incurring any charges, pursuant to Article 11 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 via Platform. The Platform provides Tipped users with the reports on the tips received.
Users are solely responsible for determining and complying with their individual tax responsibilities. The Company does not provide legal, tax or accounting advice. Any content provided by the Company is intended for informational purposes only and should not be relied upon for legal, tax or accounting decisions. Each user is advised to consult with their own financial or tax advisors.
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 11. Any transactions conducted during this period (for example, the provision of a tip to a Tipped user) will not be affected by such withdrawal.
The user must take great care in safeguarding their access credentials and ensure they are not shared with others. It is each user’s responsibility to keep the credentials confidential and prevent any unauthorized access. In the event of any suspected fraudulent, unauthorized or other 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 each user solely for purposes of using the services provided by the Platform. The Platform, including all of the components thereof and any and all intellectual property associated therewith, is the sole and exclusive property of the Company and no right, title or interest in or to the Platform, its components or the intellectual property associated therewith is granted to any user, except for the limited license set forth in Section 8.1. This license granted herein 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 Platform (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 Platform , 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 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.
As a user of the Platform 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 exploit your personal data and usage data, subject to confidentiality obligations outlined in the Privacy Policy. This license allows Take it Personally to:
By accepting these Terms of Service, the user agrees to:
The Company reserves the right to suspend or terminate your account if it determines you have, or has a reasonable basis to believe that you may have, violated these Terms of Service or any applicable law in connection with your use of the Platform.
The Company may refund any payment made by a Tipper and received by the Tipped if it determines, or has a reasonable basis to conclude, that such transaction was fraudulent or consummated in violation of applicable law.
The Company may suspend or limit any user’s account for security reasons.
In the event of a dispute over a payment made to a Tipped user, and if adequate and sufficient supporting evidence is not provided by the user, the Company may return the relevant amount to the payment method used and charge the user (Tipped) for the amount to be returned, the costs to process the return of funds, the payment for handling the dispute file, and any associated penalties.
By agreeing to these Terms of Service, the user represents and warrants that the personal data and information such user provides during the registration process are complete and truthful, and covenants to indemnify and hold harmless the Company and its managers, agents, employees, and collaborators from any damage, claim, expense, cost, compensation obligation, tax, contribution (including reasonable legal fees) arising from and/or related to the violation by the user of these Terms of Service.
The Company reserves the right to perform scheduled maintenance on the services provided by the Platform , which may cause temporary unavailability of some or all of the Platform’s functions. The Company will use commercially reasonable efforts to notify users in advance of any such maintenance, provided that such advance notice may not be possible in the case of emergency maintenance. In the event of unscheduled maintenance, such as technical failures or system errors, the Company will make every effort to restore the Platform’s functions as quickly as possible.
NOTWITHSTANDING THE FOREGOING, NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE ARE MADE OR GIVEN BY THE COMPANY HEREUNDER. IN PARTICULAR, THE COMPANY HEREBY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC, OR OTHERWISE. THE COMPANY DOES NOT WARRANT, GUARANTY OR MAKE ANY REPRESENTATIONS THAT THE PLATFORM (OR ANY COMPONENT THEREOF) IS FREE FROM BUGS, ERRORS OR VIRUSES NOR DOES THE COMPANY MAKE ANY PROMISES ABOUT THE PERFORMANCE, ACCURACY OR RELIABILITY OF THE PLATFORM, ABOUT ITS ABILITY TO MEET ANY USER’S REQUIREMENTS, OR THAT DEFECTS IN THE PLATFORM (OR ANY COMPONENT THEREOF) WILL BE CORRECTED.
We may need to revise these Terms of Service from time to time. If we do so, we will let you know they have been updated by providing notice in your user account or via the email address associated with your user account. You can delete your account on the Platform and cancel your subscription if you do not agree with the changes.
If you are a Business user, 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 the Platform, 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 or a legally binding decision, 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 retroactively in case of changes required pursuant to applicable laws or legally binding decisions.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY USER FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST BUSINESS PROFITS ARISING OUT OF THE USE OR OPERATION OF THE PLATFORM, WHETHER IN CONTRACT OR IN TORT, UNDER ANY WARRANTY THEORY, IN NEGLIGENCE OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY USER FOR ANY DAMAGES, DIRECT OR OTHERWISE, IN EXCESS OF THE TOTAL AMOUNT PAID BY SUCH USER TO THE COMPANY IN THE PRIOR TWELVE MONTHS FOR USE OF THE PLATFORM. IF THIS IS NOT DEEMED REASONABLE, THEN THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY OUR INSURER, OR, IF OUR INSURER DOES NOT PAY OUT, AN AMOUNT OF EUR 250 (TWO HUNDRED AND FIFTY EUROS). IN NO EVENT SHALL WE BE LIABLE FOR DAMAGE RESULTING FROM ANY ‘FORCE MAJEURE,’ WHICH ARE EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING, AMONG OTHER THINGS, WAR, INSURRECTION, ACTS OF GOD, FAILURES IN TELECOMMUNICATIONS INFRASTRUCTURE OR THE INTERNET, PROBLEMS WITH THE OPERATING SYSTEM OF YOUR DEVICE, STRIKES OR OTHER LABOR DISTURBANCES, GOVERNMENT ACTION, CHANGES IN LAWS, AND ACTS OR OMISSIONS OF OUR VENDORS OR SUPPLIERS.
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 Platform. 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.
We respect intellectual property rights and expect users to do the same. Under the DMCA, we have a process for handling copyright infringement claims. If you own a copyright or are authorized to act on behalf of a copyright owner and need to report infringement on the Company , send a notice to our copyright agent with the following details:
We may disable or terminate accounts of repeat infringers. This process does not limit our ability to seek other remedies for suspected infringement, nor does it constitute any admission of liability on the part of the Company with respect to such infringement.
The Company may be required by law to provide certain notices or disclosures in writing. By proceeding with registration, you accept these Terms of Service and agree to receive these notices electronically and acknowledge that your electronic signature is legally equivalent to your manual signature.
By using a keypad, mouse, or other device to select an item or perform an action, you consent to be legally bound by the terms of this Agreement, and your electronic actions will be considered your E-Signature.
You can request paper copies of any electronic records by emailing us at legal@mytip.app. If you prefer to receive notices and disclosures in paper format, you can also change your preferences by emailing us.
By accepting these terms, you confirm that you can access and read this document, print it for future reference, and agree to receive electronic notices and disclosures unless you request otherwise by contacting us at legal@mytip.app
The legal relationship with you, including these Terms of Service and any ensuing conflicts are governed by the laws of the United States , except to the extent applicable mandatory consumer law may dictate that another law applies. Each user hereto submits to the exclusive jurisdiction of the courts of the United States for purposes of all legal proceedings arising out of or relating to these Terms of Service or the transactions contemplated hereby. Each user irrevocably waives, to the fullest extent permitted by law, any objection that such user may now or hereafter have to the aforesaid venue, including without limitation any claims that such proceeding brought in such court has been brought in an inconvenient forum
If you have any questions or complaints or another reason to contact us, please do so at: legal@mytip.app
Version updated August 2024
