Terms Of Use iTips by ITIPS TECHNOLOGY LIMITED Last Revised: February 23, 2022
Terms Of Use iTips by ITIPS TECHNOLOGY LIMITED Last Revised: February 23, 2022
Terms of Use iTips constitute a legally binding agreement made between you, whether personally (“you”) 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?
We are owners (right-holders) of the iTips software. We honor and protect the legitimate rights and interests of our users. So, we expect appropriate behavior from our users: to observe these Terms of Use iTips (“General Terms”) 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 enter into these General Terms you get the right to use the iTips software. The iTips software can be used for persons who want to tip employers and the staff in hospitality, transport & infrastructure, culture & recreation, delivery, shopping, Internet, beauty & medical, fastfood & 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 of Use iTips
This legal document is public and available at https://itips.ai/general-terms.
General Terms define your rights and obligations as a User when you use the iTips software not matter as a Client, or as a Customer, or as an Employer.
General Terms may be a part of conditions that legal regulates a using our services and should be read in conjunction with Customer Terms or Client 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 General Terms at any time and for any reason. We will alert you about any changes by iTips and updating the «Last Revised» date of these General Terms.


Accept these General Terms and to use iTips
iTips contain any ways to accept these General Terms and agree that have read, understood, and agree to be bound by these General Terms and other legal documents that located other legal conditions at https://itips.ai:
1) By clicking the button with text “I Agree” and creation your Account;
2) By using the iTips software.

Every time you access our services by using the iTips software – you confirm your agreement with General Terms with the last revised. Also, you are subject to these General Terms when you are actually accessing and using the iTips software and its databases anyway (in other words, when you use any commands and data from the iTips software).
If you take registration actions, download, upload, copy or by any other approved manner use iTips, or part of it, including if you begin to participate in the use-process with your Account, then by such actions YOU ACKNOWLEDGE THAT YOU HAVE FULLY READ, UNDERSTAND, ACCEPT AND AGREE WITH THESE TERMS OF USE, 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.

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


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If you do not agree with all of these Terms Of Use iTips 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 General Terms:

Terms


Definition


General Terms

Terms of use the iTips software by any User of the iTips software. General Terms include the terms of the User agreement, EULA and located at https://itips.ai/general-terms
Customer Terms

Terms & Conditions that is available to you at https://itips.ai/terms-customer and define rights and obligations when you use iTips as a Customer who want to transfer Tips to a specific Client
Client Terms

Terms & Conditions that is available to you at https://itips.ai/terms-clients and define rights and obligations when you use iTips as a Client who want to receive Tips from Customers
Customer


an individual who pays a Tip to a Client by iTips
Client


a person has created an Account and use iTips to receive Tips from Customers
Employer

an individual or a company that manage the Client’s work and sell goods or services to Customer in the
specific place
Account

account that allows to use iTips and get our services. Account contains details, photographs, the employer, and (or) other information about a User who created an Account
iTips
iTips as a software, and all data bases of it that available at https://itips.ai, and our services as a non-exclusive commercial agent that available by it. ITIPS TECHNOLOGY LIMITED owns all intellectual property rights and copyrights of iTips and its databases
User

a person who uses iTips regardless of the purpose of use. Users are referred to Clients, Customers, a Client’s employer
Commission

the charge to us as a commission by each Tip transaction for giving you by iTips. The rate of Commissions is determined at https://itips.ai/pricing
Third party

payment by a Customer given to Client for services in excess of the standard charge as a gratuity for performing a good service
Content
hosted on the iTips software design elements, pictures, graphic images, photographs, scripts, codes, texts, videos, music, sounds and other objects, being as well results of intellectual activity, the right to use of which might belong to us, to Third party

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 General Terms;
  • the term "including" does not exclude anything not listed;
  • if there is no term in this section of the General Terms, then such term shall be interpreted in accordance with the designation used in the business environment and the law.

1. Agreement to General 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 User in accordance with these General Terms.


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

  • you can form a binding contract with us; and
  • you are not a person who is barred from using iTips under the laws of applicable jurisdiction; and
  • you will comply with General Terms and all applicable local, state, national and international laws, rules and regulations; and
  • you will not use iTips to obtain or to get funding for illegal purposes; and
  • you will not use iTips to pay or to receive payment for the purpose of tax evasion; and
  • you will not access the iTips software through automated or non-human means, whether through a bot, script or otherwise; and
  • your use of iTips will not violate any applicable law or regulation.

1.3. The information provided on iTips is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the iTips software from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


1.4. We reserve the right to provide iTips to you without further notice – in cases of your violations General Terms, Client Terms, Customer Terms, laws of the Republic of Cyprus, or local laws of your location, or rights of the third party and other users, or we define that you use iTips in the manner that can cause damage us, or the third party, or other users.


1.5. We may change, suspend or discontinue any aspect of iTips (as a business) and the iTips software at any time, including the availability of any feature, database and (or) Content. We may also impose limits on certain features and services or restrict your access to parts or all of the iTips software without liability. Where these changes or suspensions would amount to a complete termination of iTips you as a Client may be entitled to receive collected Tips on your behalf in cases that will be personalized with you (minus our Commission and fees).


1.6. You independently ensure the availability and operation of the Device for the use of iTips and its compliance with the minimum technical requirements necessary to access the iTips software via the Internet.


2. Registration and using iTips
2.1. In order to use the iTips software as a Client in accordance Client Terms, you must register with iTips and so to create an Account. In order to use the iTips software as a Customer, you don't need to create any accounts or take any actions except scan QR-code or otherwise use a Client's link. In order to use the iTips software as an Employer, you to contact us and register the special Employer's account.

2.2. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

2.3. You as a User are responsible for maintaining the confidentiality of your login credentials you used to sign up for the iTips software, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.

2.4. Please choose carefully words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish or display by iTips. Note that the public Account's data you provide to take Tips (including your name and privacy data) is available to other.

2.5. You are responsible for all actions (as well as their consequences) committed using the Account, and such actions are considered to be made by you.

2.6. You may ask us to deactivate your Account at any time by submitting a support request with contacting us. If you do so, you must immediately stop using the iTips software. That means the termination of these General Terms and other agreements. Please learn more by section 7 General Terms to know consequences of this.

3. Intellectual property
3.1. Unless otherwise indicated, iTips is our proprietary intellectual property and all source code, databases, patents, rights to inventions, functionality, software, website designs, audio, video, text, photographs, and graphics on the iTips software and the trademarks, service marks, performer's property rights, moral rights, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights contained therein are owned or controlled by us or licensed to us by third-party rights-holders, and are protected by copyright and trademark laws, various other intellectual property rights.

3.2. No part of the iTips software and no Content or trademarks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior permission.

3.3. Provided that you are eligible to use the iTips software and our services, you are granted a limited (non-exclusive) license to access and use the iTips software and to download or print a copy of any portion of the Content to which you have properly gained access solely for you.

3.4. Your use of iTips and the Content is subject to the following restrictions. There are prohibited activities with iTips:
  • disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the iTips software or attempt to do any such thing; and
  • reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit the iTips software, and the Content in any way, without our prior written consent; and
  • systematically retrieve data or content from the iTips software to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; and
  • parsing and scraping of iTips' databases; and
  • copy the iTips software source code; and
  • transfer a license to use iTips to a third-party; and
  • make available iTips in whole or in part (including object and source code), in any form to a thirdparty without our prior written consent; and
  • remove any copyright or other proprietary notices contained in the Content; and
  • attempt to bypass any measures of the iTips software designed to prevent or restrict access to it, or any portion of iTips; and
  • use iTips and the Content in any manner that may infringe any of our rights or the rights of a third party; and
  • use iTips in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of others or in any defamatory, obscene, threatening, abusive or hateful material including without limitation using iTips in connection or association with any obscene, defamatory, illegal, pornographic material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography, or tobacco, or otherwise than in accordance with normal standards of decency.
3.5. Any use iTips in a manner not expressly permitted by us may constitute an infringement of our rights. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of our rights.

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 Client of iTips, you agree not to:
  • make any unauthorized use of iTips;
  • engage in unauthorized framing of or linking to the iTips software;
  • trick, defraud, or mislead us, especially in any attempt to learn sensitive users' account information;
  • use iTips for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for it;
  • use any proprietary information and privacy data what available to you from iTips;
  • make improper use of our support services or submit false reports of abuse or misconduct;
  • interfere with, disrupt, or create an undue burden on iTips or the networks or services connected to the iTips software;
  • attempt to impersonate another user or person, or use of another user's Account;
  • 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 iTips to you;
  • disparage, tarnish, or otherwise harm, in our opinion, us and / or iTips;
  • contact Users for fraudulent purposes, obtaining information, stealing information or user’s data, harassing other Users, advertising any products
  • illegally loading, storing, publishing, distributing, making available or otherwise using the intellectual property of third parties (such as photo).
4.2. You agree that you will not create another Account if we have already terminated agreements between us and deleted your Account for your violation.

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 General Terms detracts from those rights. However, you have the right in to cancel General Terms and cease use iTips by submitting a termination notice us at any time.

4.4. We provide our Users iTips for free except cases you use iTips for making profit or commercial purposes that govern under other our agreements (such as Client Terms). Please learn these cases at https://itips.ai/pricing. When you use iTips to make a profit or commercial purposes you have to pay Commission to us and pay fees we incur relating to processing card payments for collection of the Tip from the Customer, and transfer the balance to your Account, and pay out to your bank account or other costs.

4.5. The User may have any opportunities to download and to publish a Content. So you as the User grant us a non-exclusive right to use on a free charge basis your Content published by iTips and which lawfully belongs to you. You grant us to use this Content for our promotional content without limitation making that User’s Content public. This non-exclusive right is granted to us for the period when the Content is placed at the iTips software and extends to the territory of the countries all over the world.
4.5.1. We have a right to transfer these rights described in clause 4.5 to the third-parties.
4.5.2. The User accepts that we have a right to use a User's Content in commercial purposes by non-exclusive license.

5. Third-party websites
5.1. iTips may contain (or you may be sent via the iTips software) links to other websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties.

5.2. Such third-party websites and third-party content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third-party websites accessed through iTips.

5.3. Inclusion of, linking to, or permitting the use or installation of any third-party websites or any third-party content does not imply approval or endorsement thereof by us. If you decide to leave the iTips software and access the third-party websites or to use or install any applications, you do so at your own risk. There are these General terms and other our agreements no longer govern those consequences.

5.4. We advise you review the applicable terms and policies, including privacy and data gathering practices of any website to which you navigate from iTips. Any purchases you make through third-party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

6. Privacy policy
6.1. We care about your data privacy and security. You must register and create an Account to use iTips. If you do so, you give us a permission to use your privacy data. 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. Termination
7.1. These General Terms commences on the date of clicking the button with text “I Agree” or you start to use iTips and continues until the earlier of:
  • either of us serving notice to terminate agreements between us; or
  • you don't use iTips more than 3 months or longer; or
  • you violate General Terms, other agreements between us, or laws one time or more; or
  • you send us a request to cease use iTips and delete your Account; or
  • we send you a termination notice.
7.2. We reserve the right to cease to provide iTips to you without further notice – in cases of your violations General Terms, Client Terms, Customer Terms, laws of the Republic of Cyprus, or local laws of your location, or rights of the Third party or we define that you use iTips in the manner that can cause damage us or third parties.

7.3. You may cease use iTips by submitting a request (a termination notice) us to delete your account any time. We should review your request within 10 business days.

8. Modifications and interruptions
8.1. We reserve the right to change, modify, or remove the contents of the iTips software at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the iTips software. We also reserve the right to modify or discontinue all or part of iTips without notice at any time.

8.2. We will not be liable to you or any third party for any modifications, suspensions, or discontinuance of iTips.

8.3. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the iTips software during any downtime or discontinuance of iTips. Nothing in these General Terms or other agreements will be construed to obligate us to maintain and support iTips or to supply any corrections, updates, or releases in connection therewith.

8. Liability and Disclaimers
8.1. In no event will we be liable to you or any User or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the iTips software. We have liability only under Clients to transfer them their Tips minus our Commission and fees established by Client Terms.

8.2. 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.

8.3. You expressly agree that your use of the iTips software is at your sole risk. The iTips software is provided on an “as is” and an “as available” basis. We as the right-holder and our Third-Party disclaim all warranties and representations with regard to the iTips software or services provided under General Terms, whether express, implied, or otherwise, including the warranties of merchantability, fitness for a particular purpose, non-infringement, title, and quiet enjoyment. We do not warrant that the iTips software is error-free or will operate without interruption. No rights or remedies referred to in article 2 or article 2a of the Uniform Commercial Code (UCC), as implemented in any jurisdiction, will be conferred on you unless expressly granted herein. The iTips software is not designed, intended or licensed for use in hazardous or high-risk environments or use cases requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. We specifically disclaim any express or implied warranty of fitness for such purposes.

8.4. If applicable law requires any warranties with respect to the software or any products or services provided under General Terms, all such warranties are limited in duration to 3 days from the date of a using the iTips software.

8.5. We are not responsible for any third-party software installed by you, intentionally or inadvertently, by purchasing licenses or downloading the software from an unauthorized party.

8.6. Only you are responsible for ensuring that your particular use of iTips does not violate applicable law, third-party rights, or your contractual obligations to third parties.

8.7. 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.

8.8. We make no warranties or representations about the accuracy or completeness of a 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.
8.5. 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.
8.6. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use iTips during any downtime or discontinuance of the iTips software or our agent's services. Nothing in General Terms and Client Terms will be construed to obligate us to maintain and support the iTips software or to supply any corrections, updates, or releases in connection therewith.

8.7. Access to iTips is permitted on a temporary basis and we reserve the right to withdraw access from the iTips software for any reason and without notice.

9. Governing law
9.1. General 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. General 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 General 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 General Terms constitutes the entire agreement between you and us. 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 General Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these General 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 General 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 that General Terms will not be construed against us by virtue of having drafted them.

11. Support, claims and contacting us
11.1. Any User can contact us and get feedback on our technical support. Technical support considers only the issues of the registration with the iTips software, the restoration of the Account, the usage of iTips, setting up the iTips software, resolving claims about iTips and about termination of agreements between us.

11.2. We do not provide Technical Support related to Device malfunction and other issues that are not related to iTips.

11.3. We do not give guarantees that our technical support will be swift and successful. We are not responsible for damage and loss, loss or damage to you.

11.4. When you contact us you must accurately and competently formulate your issue. Your request must contain next information:
  • a description of the problem and information about your actions at the time of the problem, a step-by-step description of actions to reproduce the problem;
  • an information about youe Account (if you have it);
  • your specific issue;
  • your email and phone number.
11.5. The time for the answer by us with your request may depend on the level of a severity of your problem, and the need for us to involve third parties.

11.6. Contact us:
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 must immediately exit the iTips software and delete all iTips’ information from your device, and you prohibited to use the iTips software.