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, email clients@globaltips.io (“Company” or “GlobalTips”) has developed the GlobalTips mobile application (“Application”) and designated website (together, the “Platform”). The Platform enables Merchants and their authorized staff to receive non-cash Tips, accept payments for Bills and Orders, use QR payment functionality, use contactless Mobile Terminal functionality, manage payment-related activities and use other services made available by GlobalTips.

These Terms and Conditions (“T&C”) govern the use of the Platform, including the related content, tools, software, integrations and services. Please read them carefully before using the 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, acting through its authorized representative or administrator, and

(ii) the Merchant’s authorized staff, including Recipients and other Merchant Staff who use the Platform. Together they are referred to as the “Users”.

Clicking “I Agree with Privacy Policy and Terms and Conditions” or otherwise expressly accepting these T&C in the Platform constitutes acceptance of these T&C. If you disagree with these T&C and/or the GlobalTips Privacy Policy, please stop using the Platform and delete the Application from your device.

The Platform is designed for Merchants and their authorized staff who provide goods or services to customers, may receive Tips and/or may accept payments on behalf of a Merchant.

Platform functionalities for the Merchant may include:

monitoring the total amount of Tips and the Tips of individual Recipients;
monitoring payments, payment status and operational statistics associated with Merchant Staff accounts;
accessing feedback left by Payers;
inviting and managing Merchant Staff and Recipients;
enabling or disabling payment acceptance functionality for authorized Merchant Staff;
connecting the Platform with supported point-of-sale systems and other integrations;
accessing transaction, reconciliation and reporting information.

Platform functionalities for Recipients and other authorized Merchant Staff may include:

generating or presenting a QR code to Payers;
receiving Tips to a PSP account linked to the Platform;
monitoring their own Tips, payment activity and available balance;
accessing feedback left by Payers;
creating a group of Recipients and distributing Tips among eligible group members;
transferring available Tip funds from the relevant PSP account to an external bank account, subject to applicable PSP rules;
opening a Bill or Order and accepting a contactless payment on behalf of the Merchant using Mobile Terminal functionality;
presenting Tip options before payment;
viewing payment status and, where available, providing a Payer with access to a digital payment confirmation or payment receipt.

Definitions

Platform - the GlobalTips mobile application and designated website, including payment, tipping, QR, Mobile Terminal, reporting and related functionality made available by GlobalTips.

User - a Merchant, Recipient or other authorized Merchant Staff member using the Platform.

Payer (Guest) - an individual making a payment, including a Tip, Bill or Order payment, through functionality provided by the Platform.

Recipient - an individual, for example a waiter, barista, concierge or driver, who receives Tips or other eligible payouts through the Platform.

Merchant - a business entity or individual entrepreneur, for example a restaurant, cafe, hotel or other business, whose authorized staff may use the Platform and whose goods or services may be paid for through the Platform.

Merchant Staff - an individual authorized by a Merchant to use the Platform on the Merchant’s behalf, including to access Bills or Orders, accept payments, view operational information or perform other functions enabled by the Merchant. A Recipient may also be Merchant Staff.

Tip - a voluntary monetary amount transferred by a Payer for the benefit of a Recipient through the Platform and not constituting payment for goods or services.

Bill - a payment request generated by or for a Merchant for goods or services supplied by the Merchant.

Order - goods or services selected by a Payer and payable to a Merchant through the Platform.

Payment Method - a payment instrument supported for the relevant payment flow, including eligible payment cards, Apple Pay, Google Pay or other supported contactless or local payment methods. Availability depends on the country, device, Merchant and PSP.

Mobile Terminal - functionality within the Application that enables authorized Merchant Staff to use a compatible mobile device as a contactless payment acceptance interface, including Tap to Pay functionality where available.

Contactless Payment - a payment made by presenting a supported contactless payment card, phone, watch or other supported Payment Method to a Mobile Terminal.

POS Integration - an integration between the Platform and a Merchant’s point-of-sale or other business system that enables Bill, Order, transaction or payment-status information to be exchanged between systems.

Payment Service Provider (PSP) - a licensed payment service provider involved in processing payments or payouts through the Platform, including Stripe where applicable. Stripe’s applicable legal and privacy terms are available at:

Service Fee - a fee charged by GlobalTips in connection with use of the Platform. Depending on the payment flow and applicable commercial arrangement, a Service Fee may be payable by the Merchant, the Recipient or the Payer. Where a Service Fee is payable by the Payer, it will be displayed before the payment is authorized.

1. Service

To use the Service:

the Merchant must create or have an active GlobalTips business account and authorize the relevant staff members to use the Platform;
Recipients must register an account and, where required for receiving or withdrawing Tips, open or activate an account with the applicable PSP supporting payouts, including Stripe where applicable;
Merchant Staff who accept payments through a Mobile Terminal must use an authorized account and a compatible device and must comply with any device, operating-system, PSP and Platform requirements shown in the Application.

1.1 Tips

The Service enables Recipients to receive non-cash Tips from Payers. A Tip may be initiated through QR functionality, a payment link, the Mobile Terminal or another payment flow made available by GlobalTips.

When a Payer leaves a Tip, the Tip is processed through the applicable PSP and credited to the Recipient’s PSP account linked to the Platform. Subject to applicable PSP rules, the Recipient may:

distribute the collected Tip among eligible members of a group of Recipients who have GlobalTips accounts; or
transfer available Tip funds from the relevant PSP account to an external bank account.

1.2 Bill and Order payments

Where payment acceptance is enabled for a Merchant, authorized Merchant Staff may use the Platform to accept payments for Bills and Orders on behalf of the Merchant, including through QR payment functionality and the Mobile Terminal.

Payments for Bills and Orders are payments to the Merchant for goods or services supplied by the Merchant. GlobalTips provides technical payment infrastructure and facilitates processing through the applicable PSP. GlobalTips does not supply the Merchant’s goods or services and is not the seller in the underlying transaction between the Merchant and the Payer.

1.3 Mobile Terminal

Where enabled by the Merchant, authorized Merchant Staff may use Mobile Terminal functionality to initiate and accept Contactless Payments on behalf of the Merchant and to facilitate Tips for Recipients.

Before initiating a Contactless Payment, Merchant Staff must ensure that the Bill or Order, any selected Tip, any amount payable by the Payer and the total amount displayed to the Payer are correct.

Mobile Terminal availability depends on factors including device model, NFC capability, operating system, geographic availability, Payment Method, PSP requirements and device-platform requirements. Certain functionality may require permissions or technical capabilities, including NFC and location-related permissions. If required permissions or capabilities are unavailable, Mobile Terminal functionality may not work.

Merchant Staff must not manually request, record, photograph or otherwise collect a Payer’s full payment card credentials through the Platform.

1.4 POS Integration and payment status

Where a supported POS Integration is enabled, GlobalTips may exchange Bill, Order, transaction and payment-status information with the Merchant’s POS or integration provider. Synchronization may be delayed or unavailable because of network connectivity, third-party systems, device conditions or other technical circumstances.

If the Platform and the Merchant’s POS show inconsistent payment status, the Merchant and Merchant Staff are responsible for verifying the final transaction status before treating a Bill or Order as paid or attempting another charge.

Any digital payment confirmation or payment receipt made available through the Platform does not replace any fiscal receipt, invoice or other document that the Merchant is required to issue under applicable law.

1.5 Account and device security

Users are responsible for keeping their account credentials and devices secure. Merchant Staff must not allow another person to use their account to accept payments without the Merchant’s and GlobalTips’ authorization. Device loss, suspected account compromise or suspected unauthorized payment activity must be reported promptly to the Merchant and GlobalTips.

The Merchant is responsible for ensuring that only authorized staff use payment acceptance functionality on its behalf.

1.6 Refunds, reversals, chargebacks and payment disputes

Subject to mandatory law and the Merchant’s separate agreement with GlobalTips, refunds, reversals and chargebacks for goods or services are deducted from the Merchant, and those for Tips from the relevant Recipients. GlobalTips refunds its Service Fees at its own expense. This applies to QR and Mobile Terminal transactions.

2. Fees and taxes

Service Fees may be allocated differently depending on the payment flow and the commercial arrangement applicable to the Merchant or Recipient.

For a Bill or Order paid through the Mobile Terminal, the applicable GlobalTips fee is payable by the Merchant under the separate agreement between the Merchant and GlobalTips and is not charged to the Payer as a GlobalTips Service Fee.

For a Tip made through the Mobile Terminal, a Service Fee may be payable by the Payer or borne by the Recipient. Where a Service Fee is payable by the Payer, it will be displayed before payment authorization.

For a Bill or Order paid through a QR code or payment link, a Service Fee may be payable by the Merchant or by the Payer, depending on the applicable commercial arrangement. Where payable by the Payer, it will be displayed before payment authorization.

For other Tip payment flows, a Service Fee may be payable by the Payer, Merchant and/or Recipient, as applicable to the relevant arrangement. Where payable by the Payer, it will be displayed before payment authorization.

Certain advanced features of the Platform may be subject to a monthly subscription fee. The cost of such subscription will be communicated to the relevant User or Merchant in advance.

Recipients may also incur charges from their bank or other financial provider for transfers from their PSP account, depending on their individual arrangements.

With respect to tax obligations, the Platform is a technical tool that enables Recipients to receive Tips. Each Recipient is responsible for determining, declaring and paying taxes applicable to their Tips and other payouts. Recipients are advised to consult the relevant tax authority or professional adviser regarding applicable tax and reporting obligations.

3. License

Subject to these T&C, GlobalTips grants the User a limited, non-exclusive, non-transferable license to install, access and use the Platform for the purposes for which the Platform is made available.

The User may not rent, lease, sell, sublicense, assign, disassemble, modify, lend, distribute, export, transfer or permit unauthorized persons to use the Platform, its technology or related information, except where permitted by applicable law.

The license terminates automatically if the User materially fails to comply with these T&C. The User may not use, download, export or re-export the Platform in violation of applicable laws or regulations.

4. Access

To use the Platform, the User must register or access an authorized account where required. The User needs internet access and a compatible device. Mobile Terminal use additionally requires supported contactless-payment capabilities and any permissions required by the device, operating system or PSP.

Internet, mobile-network or other connectivity charges may be imposed by the User’s provider and remain the User’s responsibility.

The User must provide the equipment necessary to access the Platform and comply with applicable requirements of telecommunications, internet, device and platform providers.

5. 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 errors, omissions or consequences resulting from use of third-party information and do not warrant the completeness, usefulness or accuracy of third-party content.

GlobalTips does not represent or warrant that the Platform, Mobile Terminal, POS Integration or any third-party payment functionality will operate without interruption or error on every device, operating system, network, POS system or subsequent software version, or that the Platform will be compatible with any specific hardware or software.

6. Processing of data

Personal data is processed in accordance with the GlobalTips Privacy Policy.

By using the Platform, the User acknowledges that GlobalTips and parties acting on its behalf may process technical and service-related information concerning the User’s device, operating system, Application, account and use of the Platform for purposes including service provision, payment functionality, security, fraud prevention, support, updates, analytics where permitted, and compliance with law.

Mobile Terminal functionality may require the processing of technical device information and location-related information where required for the operation, security or validation of payment acceptance functionality.

For payment and payout services, relevant personal data may be transmitted to PSPs, including Stripe. Stripe processes personal data in accordance with its applicable role and legal documentation, including the Stripe Privacy Policy.

The GlobalTips Staff application may process and display performance data associated with individual Merchant Staff or Recipient accounts, including the number of reviews collected, the number of orders accepted and the percentage of payments that include Tips. Merchants may have access to payment, Tip, feedback and operational statistics associated with individual Merchant Staff or Recipient accounts where such functionality is enabled, for purposes including business administration, reconciliation, service quality and staff management.

Where a POS Integration is enabled, information necessary to match Bills or Orders and synchronize payment status may be exchanged with the Merchant’s POS system or integration provider.

7. Notifications and communications

The User acknowledges and agrees that:

(i) service notifications, including confirmations of received Tips, payment-status messages, payout notifications, security messages and other essential service communications, may be delivered without separate marketing consent;

(ii) administrative notifications, including material changes to these T&C or the Privacy Policy, may be provided as required by law;

(iii) marketing communications from GlobalTips will only be sent through channels requiring consent if the User has provided the required prior consent, which may be withdrawn at any time.

8. Changes and support

To the maximum extent permitted by applicable law, GlobalTips may change the form, functionality or nature of the Platform and may suspend or discontinue functionality where reasonably necessary, including for security, legal, regulatory, technical or PSP-related reasons.

GlobalTips does not guarantee uninterrupted availability of the Platform. Where discontinuation affects funds available to a Recipient, GlobalTips will provide a reasonable opportunity to transfer available funds to the extent technically and legally possible and subject to PSP rules.

GlobalTips does not represent or warrant that future versions of the Platform will remain compatible with all hardware, operating systems, devices or third-party systems.

These T&C may be updated by GlobalTips. Users will be notified of material changes where required. If a User does not agree with updated T&C, the User must discontinue use of the relevant Platform services.

9. Updates (enhancements, bug fixes, modifications)

9.1 Enhancements

GlobalTips may provide new software versions, technical adaptations, additional functions or modules, integrations, redesigns or other enhancements. GlobalTips is not obliged to provide every possible enhancement.

9.2 Bug fixes

GlobalTips may provide updates, including security updates and bug fixes, necessary to maintain functionality, security or compliance. Users must install mandatory updates where required for continued use of the Platform or Mobile Terminal.

9.3 Modifications

GlobalTips may modify the Platform beyond what is necessary to maintain conformity, including where functions are no longer sufficiently used, legal or regulatory requirements change, PSP or card-scheme requirements change, or the technical environment makes continued maintenance unreasonable.

Where required by applicable law, GlobalTips will provide notice of material modifications that negatively affect a User’s access to or use of the Platform and will describe available remedies.

10. Links

The Platform may provide links to external websites or online resources (each a “Linked Site”), including Stripe legal and privacy documentation. GlobalTips does not control and, to the maximum extent permitted by applicable law, does not endorse, guarantee or assume responsibility for content or services made available by Linked Sites.

Users are responsible for reviewing the applicable terms and privacy policies of Linked Sites before using them.

11. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Platform is provided on an “AS IS” and “AS AVAILABLE” basis. GlobalTips does not warrant that the Platform will meet every User requirement or that use will be uninterrupted, timely, secure or error-free. GlobalTips does not guarantee any particular business, payment, tipping or operational result.

To the maximum extent permitted by law, GlobalTips and its suppliers disclaim warranties that may lawfully be disclaimed, including implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

12. Limitation of liability

To the maximum extent permitted by applicable law, GlobalTips, its employees and service providers shall not be liable for indirect, incidental, special, consequential or exemplary damages arising from or relating to use of the Platform, including loss of data, lost profits or business interruption, except where such exclusion is prohibited by law.

Nothing in these T&C shall exclude or limit liability for gross negligence, wilful misconduct, fraud or other liability that cannot lawfully be excluded or limited, nor shall it limit mandatory statutory rights, including rights under applicable data-protection law.

13. Indemnification

To the fullest extent permitted by applicable law, the User agrees to indemnify and hold harmless GlobalTips, its officers, employees, service providers and suppliers from third-party claims, liabilities, losses, damages, costs and reasonable expenses arising out of or in connection with the User’s unlawful use of the Platform, material breach of these T&C, or violation of third-party rights.

This obligation survives termination to the extent permitted by law.

14. Termination

The license granted under these T&C remains in effect until terminated by the User or GlobalTips. Upon termination, the User must cease use of the Platform and uninstall the Application where applicable.

GlobalTips may suspend or terminate a User’s rights with immediate effect if the User materially breaches these T&C, if required by law, regulation, PSP or card-scheme requirements, or where necessary to protect the security or integrity of the Platform or payment services.

Termination does not affect rights and obligations relating to transactions completed before termination, including settlement, refunds, reversals, chargebacks, tax obligations and data-retention requirements.

15. Proprietary rights

The Platform contains proprietary and confidential information protected by intellectual property and other laws. GlobalTips and/or its licensors retain all rights, title and interest in the Platform and related software.

The User may not copy, sell, license, distribute, transfer, modify, adapt, create derivative works from, decompile, reverse engineer or disassemble the Platform except to the extent expressly permitted by applicable law; circumvent Platform security controls; use the Platform to violate law or third-party rights; or remove proprietary notices.

16. Prohibited uses of the Platform

The User must not:

(i) resell, rent, lease or otherwise commercially exploit access to the Platform except as expressly authorized by GlobalTips;

(ii) share or transfer account credentials or permit unauthorized persons to accept payments through the User’s account;

(iii) attempt to interfere with, bypass, reverse engineer or compromise the Platform, Mobile Terminal, payment functionality or security controls;

(iv) use the Platform for fraudulent, unlawful, prohibited or unauthorized transactions; or

(v) use the Platform in violation of applicable sanctions, AML/CFT requirements, card-scheme rules, PSP requirements or applicable law.

17. Assignment

The User may not assign or transfer rights or obligations under these T&C without GlobalTips’ prior written consent. GlobalTips may assign or transfer its rights and obligations to an affiliate or successor in connection with a corporate reorganization, merger, acquisition or transfer of all or a substantial part of its business, provided that mandatory User rights are not materially prejudiced.

18. Customer agreement

By downloading, installing, accessing or using the Platform after accepting these T&C, the User confirms that they have the legal capacity and authority required for their role and agree to comply with these T&C.

Where Merchant Staff uses payment acceptance functionality, that person confirms that they are authorized by the Merchant to use such functionality on the Merchant’s behalf.

19. Governing law and jurisdiction

These T&C are governed by and construed in accordance with the laws of the Republic of Lithuania. Subject to mandatory rules applicable to the User, legal proceedings arising out of or related to these T&C shall be brought before the competent courts of Vilnius, Lithuania.

Where applicable, Users may also use available Alternative Dispute Resolution mechanisms.

20. Force majeure

GlobalTips shall not be liable for delay or failure in performance to the extent caused by circumstances beyond its reasonable control, including strikes, blockades, war, natural disasters, governmental restrictions, refusal or withdrawal of required licenses, failures of internet or telecommunications services, PSP or card-network outages, third-party system failures, or other comparable events.

A force majeure event does not release a User from payment obligations already due. GlobalTips will use reasonable efforts to mitigate the effects of such events and restore affected Platform functionality.