Terms and Conditions for Attendant

Important clauses

GlobalTips Europe, UAB, a company established in Lithuania, legal entity code 305942984, registered address Naugarduko g. 3-401, LT-03231, Vilnius, Lithuania, telephone +370 645 55157, email clients@globaltips.io ("Company” or “GlobalTips”) has developed the GlobalTips mobile application (“Application”) and a website (together, the Platform) enabling Merchants (business owners/administrators) and their Recipients (employees) to receive non-cash Tips from Payers (guests).

In order to explain how to use our Platform, we have drafted these Terms and Conditions (“T&C”). These T&C govern the use of the Platform, including all content (text, information, images, audio) and the suite of services, integrated tools, programs, software, helpers, and other related items that form part of the Platform.

Please read them carefully before using our Platform, because THESE T&C DESCRIBE YOUR RIGHTS AND OBLIGATIONS IN RELATION TO THE PLATFORM AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GLOBALTIPS.

These T&C apply to: (i) the Merchant (business owner/administrator) and (ii) the Recipient (e.g., waiter, concierge, driver, host, etc.). Together they are referred to as the Users.

Clicking “I Agree with Privacy Policy and Terms and Conditions” constitutes your acceptance of the Platform’s T&C. If you disagree with any of the Platform’s T&C and/or our Privacy Policy (available as a separate document), please stop using the Platform and delete the Application from your device.

The Platform is designed for use by Merchants and their Recipients who provide services to customers and may receive Tips.

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Platform functionalities for the Merchant (business administrator):

  • monitor the total amount of Tips of all Recipients using the Platform;
  • monitor the Tips of each separate Recipient;
  • access all feedback left by Payers (guests);
  • invite Recipients (employees) to join the Platform.

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Platform functionalities for Recipients (employees of the Merchant):

  • generate a QR code to be shown to Payers in order to receive Tips;
  • receive Tips to their Platform account;
  • monitor statistics of their own Tips and total balance;
  • access feedback left by Payers;
  • create a group of Recipients and distribute received Tips among group members within their Platform accounts;
  • transfer received Tips from their Platform account to their bank account.

Definitions

Platform – the GlobalTips mobile application and designated website.

User – any person using the Platform, including Merchants and Recipients.

Payer (Guest) – an individual making payments such as Tips, Bills, or Orders via the Platform.

Recipient – an individual (e.g., waiter, barista, concierge, driver) who receives Tips or other payouts through the Platform.

Merchant (Business administrator) – a business entity (e.g., restaurant, café, hotel) whose employees may act as Recipients. Merchants may also have access to aggregated statistics of Tips and feedback left by Payers for management purposes.

Tip – a voluntary monetary amount transferred by a Payer to a Recipient via the Platform, not constituting payment for goods or services.

Payment Service Providers (PSPs) – licensed financial institutions engaged by GlobalTips to technically support the initiation and execution of payment and payout transactions made via the Platform. PSPs act on behalf of and under the responsibility of GlobalTips for the purpose of processing and settling such transactions. Currently, GlobalTips cooperates with Stripe Technology Europe, Fenige Sp. z o.o., and Finstrument Sp. z o.o. as licensed technical partners providing payment infrastructure used by GlobalTips to perform payment services. These PSPs are engaged solely as technical facilitators and do not establish a direct contractual relationship with the Recipient.

Payment Service Fee – remuneration charged by GlobalTips for the provision of payment initiation and payout execution services, including processing, authorization, and settlement of transactions.

1. Service

In order to use the Service:

  • the Merchant (business administrator) must (1) visit the Platform; (2) create an account using their phone number; and (3) invite Recipients (employees);
  • Recipients must (1) download the Application or visit the Platform; and (2) register an account using their phone number. The payout and processing of Tips are performed by GlobalTips, which initiates and executes payment and payout transactions on behalf of the Recipient. For technical processing, GlobalTips uses licensed PSPs (currently Stripe, Fenige, and Finstrument) acting under its responsibility.

The Service, subject to these T&C, enables Recipients to receive non-cash Tips directly from Payers (guests). Upon the Payer leaving a Tip, the Recipient collects it in their Platform account (operated via PSPs under GlobalTips’ responsibility). Upon receipt of the payment, the Recipient may:

  • distribute the collected Tip among members of a group of Recipients who also have accounts with GlobalTips; or
  • transfer the collected Tip from their Platform account to their personal bank account via GlobalTips using PSPs under its responsibility.

GlobalTips facilitates the initiation and execution of payment and payout transactions through licensed payment service providers acting under their own authorizations.

2. Fees and taxes

The Payment Service Fee charged by GlobalTips may apply to Payers, Merchants, or Recipients, depending on the selected configuration of the payment service. In addition, Recipients may incur charges from their bank for the receipt of payments from GlobalTips, depending on their individual banking arrangements.

Certain advanced features of the Platform may be subject to a monthly subscription fee. The cost of such subscription may vary and will always be displayed in advance to the User through the subscription link provided by GlobalTips.

With respect to tax obligations, the Platform constitutes a financial service enabling Recipients to receive and withdraw Tips via GlobalTips acting as a Payment Service Provider. Merchants (as legal entities or business administrators) are not responsible for the tax obligations of Recipients. The responsibility for declaring and paying all applicable taxes related to Tips lies solely with the Recipient. Recipients are strongly advised to contact their local tax authority to determine whether Tips are taxable, the terms of payment, reporting obligations, and other relevant details. It is the sole responsibility of each Recipient to comply with their respective tax obligations in due time and manner.

3. Payment Responsibility

GlobalTips assumes full responsibility towards the Recipient for the proper initiation, execution, and settlement of payments and payouts in accordance with applicable EU and national payment services laws. In the event of a non-executed, defective, or delayed payout, GlobalTips shall, without undue delay, restore the Recipient’s balance to the state in which it would have been if the error had not occurred. Any losses caused by unauthorized or incorrect payment or payout transactions shall be borne by GlobalTips, unless the Recipient acted fraudulently or with gross negligence.

4. License

Subject to these T&C, GlobalTips provides the User (including both Merchants and Recipients) with a limited, non-exclusive, non-transferable license to install, access, and use the Platform.

The User may not rent, lease, sell, sublicense, assign, disassemble, modify, lend, distribute, export, transfer, or permit others to use the Platform, its technology, or other information, including any printed materials, derivatives, or modifications.

This license will terminate automatically if the User does not comply with these T&C.

The User may not use, download, or export the Platform in violation of any applicable laws or regulations. The User agrees that they will not export or re-export the Platform in any way in violation of the laws of the European Union or any other jurisdiction.

5. Access

In order to use the Platform, the User (whether a Merchant or a Recipient) must register an account.

The User requires access to the Internet, either directly or through devices capable of accessing web-based content. Such access may not be available if the User does not have an active internet connection or if the device cannot connect to the Company’s servers for any reason.

The User acknowledges and agrees that by using the Internet to access the Platform, they may incur charges from their wireless carrier, internet service provider, or other provider of connectivity services, depending on the User’s individual contract or plan. The payment of any such charges or service fees is the sole responsibility of the User.

The User must also provide all equipment necessary to connect to the Internet.

The User agrees that use of the Platform will be in compliance with all requirements of their wireless carrier, internet service provider, or other provider of internet access.

6. Disclaimer and notice

The Platform may contain, use, or display information derived from third-party sources. To the maximum extent permitted by applicable law, GlobalTips, its employees, and service providers are not responsible for any errors, omissions, or consequences resulting from the use of such third-party information. No warranty, expressed or implied, is given regarding the completeness, usefulness, or accuracy of any third-party content available on the Platform.

GlobalTips does not represent or warrant that the Platform will operate without interruption or error on all devices, operating systems, or subsequent versions thereof, or that the Platform will be compatible with any specific hardware or software.

7. Processing of data

Subject to the further terms of the Privacy Policy (available as a separate document), by using the Platform, the User (whether a Recipient or a Merchant) acknowledges that GlobalTips, or parties acting on behalf of GlobalTips, may process technical data and related information about the User’s device, operating system, and Platform software. Such information may be collected periodically in order to facilitate software updates, support, security, and other services related to the Platform.

GlobalTips, or parties acting on its behalf, may also collect and use personal data if:

  • the User chooses to provide such data (e.g., by submitting feedback via the Platform),
  • or the processing is required by applicable law or legal process.

For the purposes of providing payment and payout services, certain personal data of Recipients (e.g., identification details, payment details) must be transmitted to licensed Payment Service Providers (PSPs). These PSPs act on behalf of and under the responsibility of GlobalTips for the purpose of processing and settling payments and payouts. They serve as technical facilitators and do not establish a direct contractual relationship with the Recipient.

In addition, Merchants may be granted access to aggregated statistics concerning Tips and feedback left by Payers for the purposes of staff management and service quality improvement.

8. Notifications and Communications

The User acknowledges and agrees that:

  1. Service notifications (including confirmations of received Tips, payout notifications, or other essential service-related communications) are part of the Platform and will be delivered without separate consent;
  2. Administrative notifications (including changes to these T&C or the Privacy Policy) will be provided as required by law and continued use of the Platform after receipt of such notifications constitutes acceptance of the updated terms;
  3. Marketing communications (such as promotions, offers, or newsletters from GlobalTips) will only be sent if the User has provided explicit prior consent (opt-in), which may be withdrawn at any time;
  4. Merchant notifications (including loyalty-related messages or promotional content from a Merchant) may be sent through the Platform only if the User has explicitly joined that Merchant’s loyalty program or otherwise consented to such communications.

9. Changes and support

To the maximum extent permitted by applicable law, GlobalTips:

  1. has no obligation to provide the Platform to any User (whether a Merchant or a Recipient);
  2. may change the form, functionality, or nature of the Platform at any time, with or without prior notice;
  3. has no liability to any User or third party for any failure, interruption, or unavailability of the Platform;
  4. may cease providing the Platform at any time, with or without notice, provided that Users are given a reasonable opportunity to withdraw any funds available on their Platform account.

GlobalTips makes no representation or warranty that any future updates of the Platform will be compatible with all hardware, operating systems, or devices, or that they will provide the same functionality as the current version of the Platform.

These T&C may be updated by GlobalTips at its sole discretion. Users will be notified of material changes, and continued use of the Platform after such changes take effect will constitute acceptance of the updated T&C. If the User does not agree with the updated T&C, they must discontinue use of the Platform and may delete their account.

10. Updates (enhancements, debuggings, modifications)

10.1. Enhancements

The evolution of internet-based services may require further development and adaptation of the Platform to new technical possibilities, changes in User behavior or demand, or developments in infrastructure. To the extent such changes do not adversely affect the User, GlobalTips may provide Enhancements, such as new software versions, technical adaptations, additional functions or modules, integration of services, redesign or rebranding of the Platform. GlobalTips is not obliged to supply Enhancements.

10.2. Debuggings

GlobalTips will provide Users with updates, including security updates, that contain Debuggings to keep the Platform in conformity with contractual, legal, regulatory, or judicial requirements during the period in which the Platform is supplied under these T&C. GlobalTips shall inform the User about the availability of such updates, the consequences of failing to install them, and provide installation instructions.

10.3. Modifications

GlobalTips may provide Users with updates that contain Modifications to the Platform beyond what is necessary to maintain conformity. This may include partial discontinuation of the Platform. Modifications may be made if and to the extent that:

  1. functions of the Platform are no longer used to an extent justifying their maintenance;
  2. new or amended legal, regulatory, or judicial requirements would require adjustments that would be economically unreasonable for GlobalTips; or
  3. changes in the technical environment or infrastructure, beyond GlobalTips’ control, complicate maintenance to an extent that would be economically unreasonable.

GlobalTips shall inform Users of Modifications. If a Modification negatively impacts a User’s access to or use of the Platform, and the impact is not minor, GlobalTips will notify the User by email at least four (4) weeks in advance, specifying the features affected and the effective date. Such notice will also indicate whether the User may maintain, at no additional cost, access to the Platform without the Modification, or alternatively exercise the right to terminate these T&C.

11. Links

The Platform may provide links to external websites or online resources (each a “Linked Site”). To the maximum extent permitted by applicable law, GlobalTips does not endorse, guarantee, or assume responsibility for any data, software, services, or other content available from any Linked Site.

The User acknowledges and agrees that GlobalTips shall not be liable, directly or indirectly, for any damage, loss, or consequences arising from the User’s access to, use of, or reliance on any Linked Site.

The User is solely responsible for making an independent judgment before interacting with any Linked Site and must review and comply with its applicable terms and conditions and privacy policy.

To the extent permitted by law, GlobalTips is not liable for any damages or losses resulting from the User’s registration with, or use of, any Linked Site.

12. Disclaimer of warranties

The User understands and agrees that the Platform, to the maximum extent permitted by applicable law, is provided on an “AS IS” and “AS AVAILABLE” basis. GlobalTips does not warrant that the Platform will meet the User’s requirements or that its use will be uninterrupted, timely, secure, or error free. GlobalTips does not guarantee any particular results from use of the Platform or the correction of any defects.

To the maximum extent permitted by law, GlobalTips and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement of third-party rights.

The User understands and agrees that any material, data, or content obtained through the use of the Platform is accessed at their own discretion and risk, and that the User is solely responsible for any damage to their device, system, or loss of data resulting from the download or use of such content.

13. Limitation of liability

To the maximum extent permitted by applicable law, GlobalTips, its employees, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, however caused and under any theory of liability, even if GlobalTips has been advised of the possibility of such damages. This includes, without limitation, damages for personal injury, lost data, lost profits, or business interruption arising from or relating to:

  1. the User’s use of the Platform;
  2. the cost of procuring substitute data, information, or software;
  3. unauthorized access to, or alteration of, the User’s transmissions or data;
  4. use of the Platform in violation of these T&C; or
  5. any other matter relating to the Platform or its use.

The User is solely responsible for any decisions regarding the input, storage, or transfer of personal data through the Platform.

This limitation shall not apply to payment and payout transactions for which GlobalTips remains liable under Section 3.

Nothing in these T&C (including the Privacy Policy) shall:

  1. limit or exclude the liability of GlobalTips or any other person acting on its behalf for losses directly or indirectly attributable to gross negligence or willful misconduct, to the extent such limitation or exclusion is not permitted by applicable law;
  2. require the User to assume risk or liability where such assumption is not permitted by applicable law; or
  3. limit or exclude any statutory warranties, consumer protection rights, or obligations imposed under the EU General Data Protection Regulation (GDPR) or other mandatory laws, to the extent such limitations or exclusions are not legally allowed.

14. Liability for Payments

GlobalTips shall be liable towards the Recipient for the execution of payment and payout transactions in accordance with Article 52(2) of the Lithuanian Law on Payment Services.

In the event of non-execution, defective or delayed execution of a payout, GlobalTips shall, without undue delay, restore the Recipient’s balance to the state in which it would have been if the defective payout had not taken place.

Any losses caused by unauthorized or incorrect payout transactions shall be borne by GlobalTips, unless the Recipient acted fraudulently or with gross negligence.

This liability remains in force regardless of the use of any third-party Payment Service Providers engaged by GlobalTips.

15. Indemnification

To the fullest extent permitted by applicable law, the User (whether a Merchant or a Recipient) agrees to indemnify, defend, and hold harmless GlobalTips, its officers, employees, service providers, and suppliers from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) brought by any third party arising out of, or in connection with:

  1. the User’s use of the Platform;
  2. any breach by the User of these T&C; or
  3. any violation by the User of the rights of another person or entity.

This indemnification obligation will survive the termination of these T&C and the User’s use of the Platform.

16. Termination

The License granted under these T&C remains in effect until terminated either by the User or by GlobalTips. Termination may occur at any time.

Upon termination, the User shall immediately cease all use of the Platform and shall permanently remove or uninstall all copies of the Platform from their devices.

GlobalTips may terminate the User’s rights under this License with immediate effect if the User fails to comply with any provision of these T&C.

17. Proprietary Rights

The User acknowledges that:

  1. the Platform contains proprietary and confidential information protected by applicable intellectual property and other laws; and
  2. GlobalTips and/or third parties own and retain all rights, title, and interest in and to the Platform and any software provided through or in conjunction with the Platform, including without limitation all Intellectual Property Rights therein.

“Intellectual Property Rights” means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any other proprietary rights, together with any applications, renewals, extensions, and restorations thereof, now or hereafter in force worldwide.

The User agrees not to, and not to permit any third party to:

  1. copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code or algorithms from the Platform, unless expressly permitted by applicable law;
  2. take any action to circumvent or defeat the security or content usage rules deployed or enforced by any functionality (including, without limitation, digital rights management functionality) contained in the Platform;
  3. use the Platform to access, copy, transfer, transcode, or retransmit content in violation of any law or third-party rights; or
  4. remove, obscure, or alter copyright notices, trademarks, or other proprietary rights notices of GlobalTips or any third party contained within or accessed through the Platform.

Ownership of all trademarks and any associated goodwill remains with GlobalTips, or, in the case of licensed trademarks, with the respective licensor.

18. Prohibited uses of platform

The User agrees not to:

  1. resell, rent, lease, or otherwise commercially exploit the Platform or access to the Platform;
  2. share or transfer access credentials to any third party without authorization from GlobalTips;
  3. attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying algorithms of the Platform, except as expressly permitted by applicable law.

Any prohibited use of the Platform will constitute a material breach of these T&C and may result in immediate termination of the License in accordance with Section Termination.

19. Assignment

The User may not assign or transfer any rights or obligations under these T&C without the prior written consent of GlobalTips. Any attempted assignment in violation of this Section shall be null and void.

GlobalTips may assign or transfer its rights and obligations under these T&C to any subsidiary, affiliate, or successor to all or a substantial part of its business or assets, without the consent of the User, provided that such assignment does not materially prejudice the User’s rights under these T&C.

Subject to the foregoing, these T&C shall be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

20. Customer agreement

By downloading, installing, accessing, or using the Platform, the User expressly acknowledges, represents, and warrants that they are legally bound by these T&C and agree to comply with all of their provisions.

21. Governing law and jurisdiction

These T&C are governed by and construed in accordance with the laws of the Republic of Lithuania. Any legal suit, action, or proceeding arising out of or related to these T&C or the rights granted hereunder shall be instituted exclusively in the courts of Vilnius, Lithuania and, if permitted by applicable law, each party irrevocably submits to the exclusive jurisdiction of such courts.

In addition, the User may use Alternative Dispute Resolution (ADR) mechanisms and the EU Online Dispute Resolution (ODR) platform. Links to ADR/ODR are provided within the Platform’s legal section.

22. Force majeure

GlobalTips shall not be liable for any delay or failure in the performance of its duties, obligations, or responsibilities under these T&C to the extent caused by a Force Majeure Event.

A Force Majeure Event means any unforeseen circumstance beyond the reasonable control of GlobalTips, including but not limited to strikes, blockades, war, mobilization, natural disasters, acts or restrictions of governmental authorities, refusal of licenses, failures or delays of internet service, downtime or service outages, or any other similar or dissimilar causes beyond GlobalTips’ control.

Notwithstanding the above, a Force Majeure Event does not release the User from the obligation to pay applicable fees (if any).

GlobalTips shall use reasonable efforts to mitigate the effects of any Force Majeure Event and to restore the availability of the Platform as soon as reasonably practicable.

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