These Terms & Conditions constitute a legally binding agreement made between you, whether personally (“you”) as a Customer and ITIPS TECHNOLOGY LIMITED (“we”, “us”, “our”). We are registered in Cyprus under registered company number HE 425845, and we are located in 25 Martiou, 27, D. MICHAEL TOWER, Flat/Office 105A, Egkomi, Nicosia, Cyprus.

Who we are?
When you decide to tip and you are shown our QR-code, you can do it using iTips.
We are owners (right-holders) of iTips and non-exclusive agents of Clients. A Client is our principal that ask you to tip by iTips.
We honor and protect the legitimate rights and interests of our users.
So, we expect appropriate behavior from our users: to observe these Terms & Conditions and requirements of the laws, to ensure implementation of the rights and lawful interests of us and other users.

What is iTips?
iTips is an IT-solutions that is based on QR-code-powered instant tipping and feedback solution aimed at a wide range of service industries.
When you as a Customer enter into these Terms & Conditions, we as the Client’s non-exclusive agent receive tips in order to pass it on to those you wish to reward.
The iTips software can be used for you to tip anybody who use iTips as a Client, for employers and the staff in hospitality, transport & infrastructure, culture & recreation, delivery, shopping, Internet, beauty & medical, fast-food & coffee, and non-profit.
By iTips we give easy way:

• to Customers pay a tip amount;
• to Clients get instantly tips;
• to employers receive feedback by Customers and statistics by the staff.

iTips is made available to you via our website at https://itips.ai, and our software applications that we may make available

These Terms & Conditions

This legal document is public and available at https://itips.ai/terms-customers.

These Terms & Conditions (“Customer Terms”) define your rights and obligations when you use iTips as a Customer, the terms of using the iTips software, the terms of our services and our obligations as the Client’s commercial agent, the terms of our Commissions.

Customer Terms contain a part of conditions that legal regulates a using our services and should be read in conjunction with General Terms. You can find other legal conditions at https://itips.ai, or as otherwise indicated in iTips.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms & Conditions at any time and for any reason. We will alert about any changes by iTips and updating the «Last Revised» date of these Customer Terms.

If you take actions, copy or by any other approved manner use iTips, or part of it as a Customer, then by such actions YOU ACKNOWLEDGE THAT YOU HAVE FULLY READ, UNDERSTAND, ACCEPT AND AGREE WITH THESE TERMS & CONDITIONS, the privacy policy by ITIPS TECHNOLOGY LIMITED, and other legal conditions at https://itips.ai, without the exceptions and qualifications, so you are responsible for their violation. Every time you access our services by using iTips - you confirm your agreement with the Terms & Conditions with the last revised.

THE CONDITIONS OF THESE TERMS & CONDITIONS, AND OTHER LEGAL INSTRUMENTS ALLOWED IN THE TERMS AND CONDITIONS ARE SIGNIFICANT FOR YOUR EXECUTION.

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If you do not agree with all of these Terms & Conditions or a part of it, then please don't use the iTips!

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Definitions

The following words and phrases have the following meanings in these Customer Terms:

Please note: ]

• all singular words include plural ones and vice versa;
• all references to web-sites, clauses, sub-clauses, sections or appendices are to the ones in these Customer Term;
• the term "including" does not exclude anything not listed;
• if there is no term in this section of the Customer Terms, then such term shall be interpreted in accordance with the designation used in the business environment and the law.

1. Agreement to Customer Terms
1.1. The iTips software is licensed, not sold, to you by us. We grant you a revocable, non-exclusive, non-transferable, limited license to use the iTips software solely for your personal purposes strictly as a Customer in accordance with these Customer Terms and General Terms.

1.2. You must be at least 18 years of age to use iTips. By using iTips, you represent and warrant that:

• you can form a binding contract with us; and
• you independently and voluntarily decided to reward the Client with a Tip; and
• your intention is to send a Tip directly to the Client and, in the absence of iTips, you would have done so using cash or other means of payment; and
• agree that Clients have the right to do as they choose with the Tips they collect from you using iTips; and
• your Tip is a voluntary gratuity payment offered by you to the specific Client; and
• you are not a person who is barred from using iTips under the laws of applicable jurisdiction; and
• you will comply with Customer Terms and all applicable local, state, national and international laws, rules and regulations; and
• you will not use iTips for payments for illegal purposes; and
• you will not use iTips to pay under the contract by a Client; and
• your use of iTips will not violate any applicable law or regulation.

1.3. Upon entering into the agreement, you understand that we are the non-exclusive agents of the Clients who use iTips. In this regard, when you decide to transfer a Tip using iTips, then we fulfill our obligation to the Client to transfer this Tip to him.
We will transfer Tips to Client subject deducting our Commission and other fees we are entitled charge. We will give you the option of covering our Commission and the fees of processing the card payment for the Tip transaction (by making a payment on top of the intended Tip). If you agree to this, the Client will receive a sum equal to 100% of the intended Tip. If you do not agree to this, our Commission and the transaction costs will be deducted from the Tip that you transfer to a Client.
Please note iTips is a software that allows you to conveniently pay Tips to a Client; and to Client to receive your Tips. Therefore, you can pay Tips to a Client directly in any other way if it is allowed.

1.4. When we enter this agreement so we act as a Client's commercial agent who use iTips to collect and receive Tips. This means we are authorized by Clients to conclude Tip transactions and collect Tips on their behalf. Please not we are not your agent (or act on your behalf) in any capacity, we just have provided technology services to Clients to allow you to transact with them.

2. How iTips works and Customer Terms are executing
2.1. When a Client show you a QR-code created by iTips or an otherwise give you link to its iTips' Account.

2.2. After you redirecting to iTips' web section to select an amount of a Tip what you want to transfer to the Client through the iTips web interface.

2.3. Tips sent by you will be displayed in a Client's Account as soon as the payment system (provided by a Third Party) transfer payment from you. Note that there are Tips will be transferred to a Client subject deducting our Commission and other fees we are entitled charge if you are not taking covering to you of these costs/

2.4. All Tips you transfer by us belong to a Client. When we collect Tips on Client's behalf, we are executing our obligations as the Client's commercial agent.

3. Our obligations and rights
3.1. We provide you with access to iTips and the right to use our software in accordance with the license under these Customer Terms and General Rules.

3.2. As a Client’s commercial agent, we shall to conclude transactions with you and collect Tips on a Client’s behalf.

3.3. In accordance with the legislation on personal data (such as GDPR), with the consent of the Consumer, tell you from whom the Tip came from.

3.4. We provide you the option to cover our Commission and other fees subject on a Tip.

3.5. We give you an opportunity to transfer Tips to a specific Client by the iTips software.

3.6. We will provide to a Client’s employer information about Tips’ amount and your reviews.

3.7. We reserve the right, but not the obligation, to:

3.7.1. monitor iTips and your actions by it for violations of Clients Terms, General Terms and laws;

3.7.2. take appropriate legal action against anyone who, in our sole discretion, violates the law, including without limitation, reporting such User to law enforcement authorities;

3.7.3. otherwise manage iTips in a manner to protect our rights and property and to facilitate the proper functioning of iTips;

3.7.4. accept or decline any Tip offered by you to a Client through the iTips software, and impose limits related to the number of times you can use iTips;

3.7.5. change, modify, or remove the contents of iTips as a software at any time or for any reason at our sole discretion without notice;

3.7.6. share the name associated with your chosen payment method with Client that you Tip.

4. Your obligations and rights
4.1. You may not access or use iTips for any purpose other than that for which we make iTips available.
As a Customer of iTips, you agree not to:

• trick, defraud, or mislead us, Clients, and Client’s employer;
• attempt to impersonate another person; use any information obtained from iTips in order to harass, abuse, or harm another person;
• harass, annoy, intimidate, or threaten any of our employees, or agents, or other Users engaged in providing any portion of the iTips software to you;
• contact Clients for fraudulent purposes, obtaining information, harassing anyone, stealing information or data.

4.2. Note, you are responsible for all actions (as well as their consequences) committed using the iTips software, and such actions are considered to be made by you. You should use your best judgment and exercise caution where appropriate while using the iTips software such as carefully indicate an amount of Tips and person you want to reward.

4.3. You have rights as a consumer under applicable consumer laws when you get our services and the iTips software by license. Nothing in Customer Terms detracts from those rights.

5. Commission and fees
5.1. The use of the iTips software is free for you as a Consumer if you don’t want to pay the Client’s Commission to us.

5.2. In respect of each Tip, we shall deduct from a Client:

• our Commission (plus any applicable VAT or equivalent sales tax); and
• fees we incur relating to processing card payments for collection of the Tip, and transfer the balance to your Account, and pay out to your bank account.

5.3. You have the right to choose how much to pay Client the Tip, and also chooses who pays our Commission and fees to process the money transaction:  In the case you choose to pay our Commission and fees to process the money transaction, the Client will receive an amount equal to 100% of the Tip;  In the case you fail to pay our Commission and fees to process the money transaction, these costs will be deducted from a Client’s Tip.

5.4. The amount of Tips and our Commission (and fees to process the money transaction) display by iTips’ web-interface when you want to reward a Client by Tips.

5.5. We are the recipients of the payment using external payment systems provided by Third party. This payment system is integrated with the iTips software and licensed by that Third-party rightsholders. When you transfer Tips you should comply with the requirements and instructions of the Third Party that provided the payment system for money transfer.

5.6. We may at any time change the size of Commissions, the terms of payments, the content and volume of the iTips license as a software. So, we will notify our Clients about it. We may also charge you additional Commissions and fees in accordance with our plans that located at https://itips.ai/pricing.

6. Privacy policy
6.1. We care about your data privacy and security. You give us a permission to use your privacy data by using the iTips software. For more information regarding the data, we collect from you and how we use it, please see our Privacy Policy that located at https://itips.ai/privacy.

7. Liability by these Customer Terms
7.1. Except as stated in Customer Terms, we are provided without warranty of any kind. All conditions, warranties, representations and terms implied by law, custom or otherwise are excluded by us to the fullest extent permitted by law.

7.2. We cannot guarantee that iTips will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to iTips, resulting in interruptions, delays, or errors. The same issues may arise the Third Party's payment system.
The stability of the iTips software depends on the availability, functioning and limitations of the Internet in your country of residence. We are not responsible for problems with the operation of the iTips software due to technical limitations and (or) changes and (or) legislative restrictions of any state and (or) problems, including API provided by third parties.

7.3. The iTips software is provided on an «AS-IS» and as-available basis. You agree that your use of the iTips software will be at your sole risk.
You agree that we use a third-parties' solutions (such as payment system) to execute our obligations. When you use iTips we will not be liable for any failure or delay in performing obligations (including a failure to pay Tips amounts) resulting from any cause beyond our reasonable control.

7.4. We make no warranties or representations about the accuracy or completeness of the iTips’ content or the content of any websites linked by us, and we will assume no liability or responsibility for any:

• errors, mistakes, or inaccuracies of content and materials in the iTips software;
• personal injury or property damage, of any nature whatsoever, resulting from your access to and use of iTips;
• any unauthorized access to or use of any servers and / or any and all personal information and / or financial information stored therein;
• any errors or omissions in any content and materials or for any loss or damage to any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via iTips.

7.5. We are not responsible to anyone for all events, circumstances that occurred, money loss, as well as for all the negative consequences, harm and losses that occurred as a result of:

• accidents, natural disasters;
• malicious acts (actions, inactions) and the behavior of Users and (or) third parties;
• misleading by Users and (or) third parties;
• any illegal actions of Users and (or) third parties;
• other negative events and circumstances, as well as for actions (inaction) of Users and (or) other third parties in any way connected with the use of iTips, as well as for direct and indirect losses of users and (or) other third parties, including lost profits and the possible damage.

7.6. Nothing in these Customer Terms will establish:

• any partnership or joint venture between us, nor does this agreement authorize any party to enter into any commitments for or on behalf of any other third party;
• any rights to us to enter any commitments for or on behalf a Client except collecting and transfer Tips.

8. Governing law
8.1. Customer Terms will be governed by and construed in accordance with the laws of the Republic of Cyprus without reference to conflicts of law rules and principles. Customer Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any dispute arising out of the interpretation or application of the terms of Customer Terms or any breach thereof shall, unless it is settled by direct negotiation, be adjudicated by arbitration in the Republic of Cyprus. Any award rendered by the arbitrator shall be final and binding on the parties and any judgment on such arbitration award may be enforced in any court of competent jurisdiction. Nothing in this section shall prevent a party from seeking or obtaining equitable relief from a court of competent jurisdiction, whether before, during or after arbitration proceedings.

10. Miscellaneous
10.1. These Customer Terms constitutes the entire agreement between you and us on a Client’s behalf. It supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter.

10.2. If any provision or part of a provision of these Customer Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Customer Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment created between you and us.

10.3. You may not transfer any of your rights or obligations under these Customer Terms to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected. 10.4. You agree Customer Terms will not be construed against us by virtue of having drafted them.

11. Contact us
In order to resolve a complaint regarding iTips or to receive further information regarding use of the iTips software, please contact us at:

Ekaterina Kochneva
25 Martiou, 27, D. MICHAEL TOWER, Flat/Office 105A, Egkomi, Nicosia, Cyprus
info@itips.ai

If you don't agree to the terms contained in these Terms & Conditions, so you you prohibited to use the iTips software.