DajTipa Platform Terms of Service

1. These Terms of Service govern the use of the DajTipa online platform operated by JUZOMI Spółka z ograniczoną odpowiedzialnością, with its registered office in Wrocław, Poland, at ul. Gen. Władysława Sikorskiego 3/2, 53-659 Wrocław, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000889291, NIP 8971889776, REGON 388420075, with a share capital of PLN 40,000.00, hereinafter referred to as the "Operator".

2. DajTipa is a technology platform enabling the transfer of voluntary tips and monetary gratuities through payment services provided by an independent payment service provider.

3. These Terms constitute terms and conditions for the provision of electronic services within the meaning of applicable Polish legislation governing electronic services.

4. Use of the Service requires acceptance of these Terms.

5. The Operator makes these Terms available free of charge prior to the conclusion of the agreement in a manner allowing their acquisition, reproduction and storage.

1. Service - the DajTipa online service together with related applications and functionalities, operated by the Operator.

2. Terms - this document together with its appendices.

3. Account - a set of data and settings maintained in the Service and assigned to a User, enabling the use of Service functionalities.

4. Customer - a person making a voluntary payment to a User or a Venue.

5. User - a person holding an Account in the Service that enables receiving tips.

6. Consumer - a natural person entering into a legal transaction with the Operator that is not directly related to their business or professional activity.

7. Consumer-Like Entrepreneur - a natural person entering into an agreement directly related to their business activity where the content of that agreement indicates that it is not of a professional nature for that person, and who enjoys consumer protection to the extent provided by law.

8. Entrepreneur - a natural person, legal person or organizational unit conducting business or professional activity on its own behalf, who is neither a Consumer nor a Consumer-Like Entrepreneur.

9. Stripe - Stripe Technology Europe Ltd. or another entity from the Stripe group providing payment services.

10. Stripe Account - an account connected with the Service and maintained by Stripe for a User, generally as a Stripe Connect Standard account, enabling payments and payouts in accordance with Stripe terms.

11. Tip - a voluntary monetary gratuity transferred by a Customer to a User or to a team grouped in a Venue. In the case of an individual tip, a Tip may consist of the Base Tip Amount and Tip Boost.

12. Base Tip Amount - the amount indicated by the Customer as the basic value of an individual tip intended for a User.

13. Tip Boost - an additional, voluntary part of an individual tip added to the Base Tip Amount and increasing the total tip amount transferred to the User. Tip Boost is not a fee for using a specific payment method, a fee charged by Stripe or a separate fee due to the Operator from the Customer.

14. Platform Fee - remuneration due to the Operator from the User for services provided by the Operator in connection with making the Service available, charged in particular by means of the application fee mechanism made available by Stripe.

15. Tip Jar Service Fee - remuneration due to the Operator from the Customer for the electronic service provided in connection with enabling a tip to be transferred to a Venue using the Tip Jar function. The Tip Jar Service Fee is added to the tip amount and is not divided among Venue Members.

16. Price List - the current schedule of fees published by the Operator and constituting an appendix to these Terms.

17. Venue - a shared profile in the Service corresponding to one Tip Jar and representing an actual workplace or team, for example a restaurant, hotel or salon, within which tips are transferred to the team and divided among its members in accordance with the Distribution Algorithm. A Venue is created with the consent of the owner or another person authorized to operate the given place, and its launch requires confirmation by the Operator in accordance with §28.

18. Tip Jar (Shared Pool) - a Service function enabling tips to be accepted for a Venue and divided among eligible team members who are on an active Shift. Each Venue corresponds to one Tip Jar.

19. Venue Member - a User associated with a given Venue on the basis of an accepted invitation and holding one of the roles specified in §29.

20. Venue Administrator - the sole Venue Member with full control over the Venue, responsible for its configuration, member management and selection and payment of the Plan. Each Venue has exactly one Venue Administrator. The Venue Administrator is the only person authorized to conclude, change and terminate the agreement concerning the Plan.

21. Shift Manager - a Venue Member authorized to manage other members' Shifts within the permitted scope, invite members and view reports.

22. Shift - a period of active work by a member in a Venue, started and ended in the Service, determining participation in the distribution of tips transferred to the Venue during its duration.

23. Tip Readiness - a state in which a Venue Member meets the conditions enabling them to start a Shift and receive a share of Venue tips, as specified in §32.

24. Distribution Algorithm - a rule configured in the Venue settings for dividing a tip among eligible members on an active Shift, in accordance with §31.

25. Referrer - a Venue Member identified as the person who served the Customer as a result of providing the Customer with an individual QR code in the referrer mode.

26. Venue Status - the status of a Venue in the Service: "Pending approval", "Active" or "Inactive", in accordance with §28.

27. Platform Administrator - a person acting on behalf of the Operator and authorized to approve, reject and deactivate Venues.

28. Plan - a variant of using the Tip Jar functionality assigned to one Venue, defining available functionalities, limits, available Distribution Algorithms, integrations, configuration options and other parameters of using Tip Jar specified in the Service or Price List.

29. Subscription Fee - a periodic fee due to the Operator from the Venue Administrator for the ability to use Tip Jar functionality within a given Venue in accordance with the selected Plan.

30. Billing Period - a period used to charge the Subscription Fee or determine the Active Member limit, in accordance with the rules set out in the Price List. For a Plan paid annually, the Price List may provide for monthly periods for determining the Active Member limit.

31. Active Member - a Venue Member who, in a given Billing Period, started a Shift at least once or received a share in a tip.

1. The Operator provides IT services and electronic services related to making the Service available and operating it.

2. The Operator does not provide payment services. Payment services related to payment processing, maintaining Stripe Accounts, handling payouts and payment settlements are provided by Stripe on the basis of separate agreements and terms.

3. The Operator is not a domestic payment institution, electronic money institution, payment services office or payment service provider within the meaning of payment services regulations.

4. The Operator does not maintain payment accounts for Users or Customers, does not store funds outside Stripe infrastructure and does not enable Users to freely dispose of funds through an account maintained by the Operator.

5. In the case of individual tips, the payment is generally created directly on the User's Stripe Account using the direct charges mechanism. Stripe handles the payment, charges applicable fees and pays out funds in accordance with the agreement concluded with the User.

6. In the case of tips transferred to a Venue, the payment may be created using Stripe Connect mechanisms enabling payment collection through Stripe infrastructure and transfer of the appropriate shares to the Stripe Accounts of Venue Members in accordance with the Distribution Algorithm.

7. Depending on the Stripe Connect mechanism used, the payment may be technically created on the Operator's Stripe Account and then settled and transferred to the relevant Stripe Accounts. This does not mean that the Operator maintains a payment account for the Customer or User or stores funds outside Stripe infrastructure.

8. The Operator may use Stripe functionalities that enable collection of fees due to the Operator, communication of allocation instructions, initiation of refunds, reversals or transfer reversals and other technical actions necessary to operate the Service, within the limits permitted by Stripe and applicable law.

1. The Service may only be used by persons who:

a) are at least 18 years old;

b) have full legal capacity;

c) provide accurate and truthful information.

2. The Service is intended for use within the territory of the Republic of Poland.

3. The primary currency of the Service is PLN.

4. The Operator may verify compliance with the conditions referred to in paragraph 1 and may refuse to create or maintain an Account if such conditions are not met.

1. The Service is intended solely for transferring voluntary tips and gratuities.

2. A Tip:

a) is voluntary;

b) does not constitute the price of goods;

c) does not constitute remuneration due for a service;

d) does not constitute an advance payment or prepayment;

e) may not be a condition for performing a service or releasing goods.

3. In the case of an individual tip, the Customer may select the Base Tip Amount, to which Tip Boost may be added. Before approving the payment, the Customer receives clear information about the Base Tip Amount, the amount of Tip Boost and the total payment amount.

4. Tip Boost forms part of the Tip and increases the amount transferred to the User. Tip Boost is not a fee for the payment method or separate remuneration due to the Operator from the Customer.

5. The Service is not a sales platform or marketplace.

6. A Tip may be transferred directly to a User or to a Venue. If a Tip is transferred to a Venue, it is divided among eligible team members in accordance with §27-§33.

1. It is prohibited to use the Service for:

1) the sale of goods;

2) the sale of services;

3) collecting advance payments;

4) conducting public fundraising activities requiring permits;

5) crowdfunding;

6) lending activities;

7) investment activities;

8) gambling activities;

9) cryptocurrency trading;

10) terrorist financing;

11) money laundering;

12) circumvention of economic sanctions;

13) adult-oriented or erotic content or services and any other content violating Stripe's Acceptable Use Policy;

14) any activity contrary to law or Stripe's terms.

2. The User represents and warrants that they are not listed on any sanctions list (including those maintained by the European Union, the United Nations or OFAC) and that they do not operate from any embargoed or sanctioned jurisdiction.

3. If there is a justified suspicion of a violation of paragraphs 1 or 2, the Operator may immediately restrict functionality, suspend or block the Account and report the matter to Stripe and competent authorities.

4. The Operator may refuse to create an Account, restrict Account functionality or terminate services for a User whose activity constitutes a high-risk activity, an activity not accepted by Stripe, or an activity that may violate the rules of payment card organizations.

1. The payment service provider used within the Service is Stripe.

2. Use of tip acceptance functionality requires the User to create a Stripe Account and accept Stripe's contractual terms, including the Stripe Connected Account Agreement. The legal relationship between the User and Stripe is separate from the agreement concluded with the Operator.

3. In the case of individual tips:

a) the payment is generally created directly on the User's Stripe Account;

b) the User is a party to the payment relationship with Stripe for handling that payment;

c) Stripe charges the User the fees due for payment processing;

d) the Operator may charge the User the Platform Fee using the application fee mechanism or another equivalent Stripe mechanism.

4. The Platform Fee is remuneration due to the Operator from the User. Tip Boost and the Platform Fee are separate economic and legal elements, even if their amounts are linked or similar.

5. In the case of tips to a Venue, Stripe may use Stripe Connect mechanisms under which the payment is handled using the Operator's Stripe Account and the relevant shares are then transferred to the Stripe Accounts of Venue Members.

6. Stripe may conduct KYC, AML and fraud prevention procedures, reject transactions, delay payouts, create reserves, make deductions and require additional verification.

7. The Operator is not responsible for Stripe's actions or decisions unless the Operator's liability results from mandatory provisions of law.

8. The Operator may report transactions raising reasonable concerns to Stripe and use Stripe tools for fraud prevention, handling refunds, disputes and chargebacks.

A. Subscription Fees

1. The Operator may make available paid Plans enabling the use of Tip Jar functionality. Each Plan is assigned to one Venue. A Venue Administrator who wishes to operate more than one Venue must purchase a separate Plan for each of them.

2. The Plan may be monthly or annual, in accordance with the Price List.

3. The Subscription Fee is charged to the Venue Administrator and constitutes remuneration for using Tip Jar functionality within the given Venue in accordance with the selected Plan.

4. The amount of the Subscription Fee and the available Plans are specified in the Price List.

B. Platform Fee

5. For making the Service available, the Operator may charge the User a Platform Fee. The Platform Fee is remuneration due to the Operator from the User.

6. The Platform Fee may be collected by Stripe from the payment processed on the User's Stripe Account using the application fee mechanism or another mechanism made available by Stripe.

7. The amount of the Platform Fee and the method of its calculation are specified in the Price List. Amounts indicated as the Platform Fee are gross amounts including VAT at the applicable rate, unless the Price List expressly provides otherwise.

C. Tip Jar Service Fee

8. In the case of a tip transferred to a Venue using the Tip Jar function, the Operator charges the Customer the Tip Jar Service Fee. The Tip Jar Service Fee constitutes the Operator's remuneration for the electronic service provided to the Customer, consisting in making available functionality enabling initiation of a tip to a Venue and its technical handling in the Service.

9. The Tip Jar Service Fee is added to the tip amount transferred to the Venue and does not form part of the tip intended for distribution among Venue Members.

10. Before approving the payment to the Venue, the Customer receives clear information about:

a) the tip amount transferred to the Venue;

b) the amount of the Tip Jar Service Fee;

c) the total payment amount.

11. Amounts of the Tip Jar Service Fee shown to the Customer are gross amounts and include VAT at the applicable rate, unless the Price List expressly provides otherwise.

12. At the Customer's request, the Operator issues an invoice documenting the Tip Jar Service Fee in accordance with applicable regulations. The invoice issued by the Operator covers only the Operator's service and does not cover the tip amount transferred to the Venue.

Common provisions

13. In the case of an individual tip, the Customer selects the Base Tip Amount. Tip Boost may be added to the Base Tip Amount.

14. Before approving an individual payment, the Customer receives clear information about:

a) the Base Tip Amount;

b) the amount of Tip Boost;

c) the total payment amount.

15. The Customer approves one total payment amount constituting a Tip, including the Base Tip Amount and Tip Boost.

16. Tip Boost:

a) forms part of the Tip;

b) is not a fee charged by Stripe to the Customer;

c) is not a fee for using a specific payment method;

d) is not separate remuneration due to the Operator from the Customer;

e) is intended to increase the total value of the tip transferred to the User.

17. The Operator does not guarantee that, after deduction of Stripe fees, the Platform Fee, refunds, chargebacks or other amounts due, the User will receive an amount equal to the Base Tip Amount.

18. The amount of fees, rules for their calculation and cases of application are specified in the current Price List constituting an appendix to these Terms.

19. The Operator may differentiate the amount of the Platform Fee and Tip Jar Service Fee depending on the type of service, transaction value, frequency of use of the Service, promotional program, user segment or other objective criteria indicated in the Price List.

20. The Operator may change the Price List in accordance with §37.

21. The Customer always receives information about the total payment amount before approving it.

22. For fees charged to the User, the Operator issues appropriate settlement documents in accordance with applicable regulations.

1. The Operator provides Tip Jar Plans enabling the use of Tip Jar functionality within a given Venue. Available Plans, their prices, limits and basic parameters are specified in the Price List. The detailed scope of functionality of individual Plans is published in the Service.

2. A Plan may be billed monthly or annually in accordance with the Price List. The Operator may make available only selected billing options for individual Plans.

3. The Active Member limit means the maximum number of distinct Venue Members who, in a given Billing Period, started at least one Shift or received a share in at least one tip. After the limit is reached, subsequent members may not start a Shift or participate in tip distribution until the end of the Billing Period, unless the Venue Administrator upgrades the Plan.

4. The Plan renews automatically for the next Billing Period if the Operator makes such option available and the Venue Administrator does not cancel renewal in the manner indicated in the Service.

5. The Venue Administrator may upgrade the Plan at any time. The change takes effect in accordance with the information provided in the Service at the time it is made. A downgrade is possible in accordance with the rules specified in the Service and becomes effective from the beginning of the next Billing Period.

6. The Plan is assigned to the payment details of the Venue Administrator. If the role of Venue Administrator is transferred to another Venue Member, the existing Plan expires at the end of the current Billing Period. The new Venue Administrator should subscribe to a new Plan before the next Billing Period begins to ensure continuity of Venue operation.

7. If the Subscription Fee is not paid on time or the Plan expires, the Operator disables the ability to start new Shifts and accept new tips for the Venue. Historical data, settlement history and functions necessary to settle existing obligations remain available. Expiry of the Plan does not affect tax obligations related to previously settled tips and does not terminate the Agreement for use of the Service.

8. The Active Member limit is calculated separately for each Billing Period. At the beginning of a new Billing Period, the Active Member counter is reset.

1. The Operator may introduce limits concerning:

a) transaction value;

b) number of transactions;

c) transaction frequency;

d) countries of payment origin;

e) payment methods.

2. The Operator may change limits without prior notice if required for security reasons, fraud prevention, legal requirements or Stripe requirements. A change of limits does not constitute an amendment to these Terms and does not affect acquired rights of the User concerning completed transactions.

3. The Operator may refuse to enable the initiation of a transaction, restrict Service functionality, refer a transaction for additional verification or report it to Stripe in the event of a justified suspicion of a technical error, abuse, fraud, violation of these Terms or exploitation of a vulnerability in the Service.

4. The Operator may use automated and manual risk scoring systems concerning Users, Customers, Accounts, devices, IP addresses, payment methods, profiles and individual transactions.

5. Risk assessment may take into account, in particular, activity history, transaction frequency, transaction value, technical device data, location, AML/KYC procedure results, information from Stripe and other information relevant to Service security.

6. Based on risk assessment, the Operator may restrict Account functionality, hide the profile, refuse access to specific functionalities, refer the matter for additional verification, suspend the Account or delete the Account.

1. Independently of Stripe’s activities, the Operator may conduct its own AML and KYC procedures.

2. The Operator may request documents, explanations and additional information.

3. The Operator may refuse to provide services, suspend the Account or restrict its functionality in the event of refusal to cooperate.

1. The User is responsible for:

a) tax settlements related to received Tips;

b) obligations towards the Polish Social Insurance Institution (ZUS);

c) obligations towards their employer;

d) compliance of their activity with applicable law.

2. The Operator does not provide tax, accounting or legal services and shall not be liable for the User’s tax settlements concerning Tips. Tax obligations related to the Operator’s fees referred to in §8 apply solely to those fees and are independent of the above.

3. The Operator is not a payer of income tax on Tips received by Users and does not collect or remit such taxes on their behalf.

1. The User is responsible for the content they publish.

2. It is prohibited to publish unlawful content, content infringing third-party rights or content containing malicious software.

3. The Operator enables the reporting of content considered illegal or violating these Terms through the contact point indicated in §38. The report should allow the identification and location of the content and indicate the reason for the report.

4. The Operator reviews reports in a timely, non-arbitrary and objective manner. If content is removed or access to it is restricted, the Operator informs the User of the decision, together with the reasons for it and the possibility of challenging it, to the extent required by the Digital Services Act (DSA).

5. The Operator may remove or restrict access to content that violates these Terms or applicable law.

1. The User may promote their profile in accordance with applicable law.

2. It is prohibited to suggest any affiliation with third parties without their consent.

3. It is prohibited to make the performance of a service conditional upon the transfer of a Tip.

1. Tips are voluntary and, as a rule, are non-refundable, subject to applicable regulations, decisions of Stripe, a bank, a payment organization or a competent authority.

2. Stripe, a bank, a payment organization or a competent authority may make a refund, reversal or chargeback concerning a transaction.

3. In the case of an individual tip, the User is responsible for the consequences of a refund, dispute, chargeback and related fees, in accordance with Stripe terms and these Terms.

4. In the case of a tip transferred to a Venue, the consequences of a refund, dispute or chargeback may first debit the Operator's Stripe balance. The Operator is then entitled to recover the relevant amounts from the Venue Members who received shares in the given transaction, proportionally to the amounts of the shares received, and to recover related fees.

5. The Operator may recover the amounts referred to in paragraphs 3 and 4 in particular by:

a) set-off against the User's claims against the Operator;

b) initiating a transfer reversal or other operation available in Stripe;

c) issuing a debit document;

d) issuing a payment demand.

6. The payment deadline for amounts resulting from a debit document is 14 days from its delivery, unless the document indicates a longer deadline.

7. In the event of a justified suspicion of fraud, abuse, violation of the Terms, exploitation of a system error, unlawful activity or other circumstances that may create risk for the Operator, Users, Customers or Stripe, the Operator may, through functionalities made available by Stripe, initiate cancellation, reversal, refund, transfer reversal or another protective action.

8. A refund of the Tip Jar Service Fee is considered separately from a refund of the tip and takes place only in cases resulting from legal regulations, the Operator's decision or the way the transaction is resolved by Stripe.

1. Complaints concerning the functioning of the Service may be submitted electronically to the address indicated in §38.

2. A complaint should include contact details and a description of the objections.

3. The Operator reviews complaints within 30 days of receipt.

4. In the case of a complaint submitted by a Consumer or a Consumer-Like Entrepreneur, failure by the Operator to respond within the statutory time limit shall mean that the complaint is accepted, if applicable law provides for such effect.

1. Consumers and Consumer-Like Entrepreneurs may use out-of-court methods of handling complaints and pursuing claims.

2. Assistance in this regard is provided in particular by:

a) Provincial Inspectorates of Trade Inspection and the permanent arbitration courts operating within them;

b) Municipal and District Consumer Ombudsmen;

c) Social organizations whose statutory purpose includes consumer protection.

3. The use of out-of-court dispute resolution methods is voluntary and requires the consent of both parties to the dispute.

1. A Consumer or Consumer-Like Entrepreneur who has entered into a distance agreement with the Operator for the provision of electronic services may withdraw from the agreement without giving any reason within 14 days from the date of its conclusion.

2. By creating an Account, the entitled person may consent to the commencement of service provision before the expiry of the withdrawal period. If the service has been fully performed with the express consent of the entitled person who was informed before performance commenced that they would lose the right of withdrawal, such right shall expire.

3. In the case of a continuous service, if withdrawal occurs after performance has commenced, the entitled person shall pay for services provided up to the moment of withdrawal, proportionally to the extent of the service performed.

4. The right of withdrawal does not apply to personalized products in accordance with §26.

5. This section does not limit the right to terminate the agreement provided for in §18.

1. The agreement for the use of the Service is concluded for an indefinite period.

2. The User may terminate the agreement at any time by deleting their Account, without notice and without incurring any fees, subject to obligations arising before termination.

3. The Operator may terminate the agreement with a User who is neither a Consumer nor a Consumer-Like Entrepreneur by giving 14 days’ notice. In relation to Consumers and Consumer-Like Entrepreneurs, termination may occur in accordance with applicable law and only for valid reasons.

4. Termination of the agreement does not affect completed transactions or settlements processed through Stripe.

5. Provisions which by their nature should remain in force after termination shall survive termination, including in particular §16, §20, §21, §22, §25 and §33.

6. Expiry or termination of a subscription Plan does not terminate the Agreement for use of the Service.

1. The Operator makes reasonable efforts to ensure continuous availability of the Service but does not guarantee uninterrupted operation.

2. The Operator may introduce technical interruptions, including maintenance and update-related downtime, while seeking to minimize inconvenience.

3. The Operator shall not be liable for unavailability or malfunction of the Service resulting from circumstances beyond its control, including actions of Stripe, infrastructure providers, telecommunications networks or the User’s devices. This provision does not limit rights granted to Consumers under mandatory law.

4. The Operator shall not be liable for the suspension, restriction, closure or refusal by Stripe to maintain a Stripe Account.

1. The Operator shall not be liable for the actions of Stripe, banks, payment organizations or other third parties.

2. The Operator shall not be liable for tax consequences arising from the use of the Service.

3. With respect to Users and Customers who are Entrepreneurs:

a) the Operator shall not be liable for lost profits;

b) the Operator’s total liability shall be limited to the amount of fees collected by the Operator from the relevant party during the 12 months preceding the event giving rise to the claim.

4. With respect to Consumers and Consumer-Like Entrepreneurs, the Operator’s liability shall be governed by mandatory provisions of applicable law. The limitations set forth in paragraph 3 shall not apply to them.

5. Regardless of the status of the party, nothing in these Terms excludes or limits liability for damage caused intentionally or any liability that cannot be excluded or limited under applicable law.

1. A User who is neither a Consumer nor a Consumer-Like Entrepreneur agrees to indemnify the Operator and reimburse all losses, damages, costs and expenses incurred by the Operator, including reasonable legal fees, penalties and fees imposed by Stripe or payment organizations, chargeback costs and costs arising from third-party claims, if such costs arise in connection with:

a) violation of these Terms or applicable law by the User;

b) false statements or representations made by the User;

c) content published by the User;

d) third-party claims relating to the User’s activities.

2. In relation to Consumers and Consumer-Like Entrepreneurs, liability for damages shall be governed by the general principles of applicable law.

1. The Operator may set off any amounts owed to it (including fees and costs referred to in §14 and §21) against amounts owed by the Operator to the User.

2. In the event of a justified suspicion of a violation of law, these Terms, AML/KYC requirements, security requirements, Stripe requirements or payment organization rules, the Operator may restrict Account functionality, hide the User’s profile, prevent the initiation of new transactions, suspend the provision of electronic services or report the matter to Stripe or competent authorities. The Operator may take actions concerning payouts only to the extent technically or legally possible through functionalities made available by Stripe.

3. The Operator is not obliged to disclose detailed information regarding the operation of security systems, fraud detection systems, risk assessment models, scoring thresholds, scoring algorithms or decision-making criteria relating to restrictions on Account functionality or transactions if such disclosure could reduce the effectiveness of those mechanisms or expose the Operator, Users, Customers or Stripe to an increased risk of abuse.

1. The Operator may hide a profile, restrict functionalities, suspend or delete an Account.

2. Such actions may be taken in the event of legal, AML, financial, technical, security or reputational risk.

3. The Operator shall inform the User of actions taken unless confidentiality is required by law or by a request from a competent authority.

4. The Operator may delete an Account that has remained inactive for at least 24 months after notifying the User electronically at least 30 days in advance.

1. The Operator may cooperate with state authorities, law enforcement authorities and Stripe.

2. The Operator may provide information to the extent required by law.

1. Rights to the Service, logo, source code and marketing materials belong to the Operator or licensors.

2. The User grants the Operator a non-exclusive, free-of-charge license, covering the territory in which the service is provided, for the period of using the Service and the period necessary to complete settlements, to the extent necessary to provide and promote the service, with respect to materials and content provided by the User.

3. The User represents that they hold rights to materials and content provided to the Operator to the extent enabling the license referred to in paragraph 2 to be granted.

1. The Operator may operate an online store.

2. Products may be produced by subcontractors cooperating with the Operator.

3. Personalized products include, among others, products containing QR codes, user data, photos, logos or other individualizing elements.

4. A Consumer does not have the right to withdraw from the agreement with respect to personalized products in accordance with Article 38(1)(3) of the Polish Consumer Rights Act.

5. The Consumer bears the direct costs of returning non-personalized products.

6. In relations with an Entrepreneur, the costs of return, replacement and sending back goods are borne by the Entrepreneur, unless the defect results from causes attributable to the Operator.

7. The User is responsible for rights to materials provided for personalization.

8. The Operator may refuse to fulfill an order containing unlawful content or content infringing third-party rights.

1. The Tip Jar function enables tips to be accepted jointly for a Venue and divided among team members who are on an active Shift. Tip Jar is an optional Service functionality; the Operator may enable, restrict, suspend or disable it in whole or in part.

2. Within the Tip Jar function, the Operator provides IT services and electronic services consisting in particular in making available the Venue tipping page, handling Venue configuration, determining allocation instructions on the basis of the Distribution Algorithm and communicating those instructions to Stripe.

3. The Customer payment, the tip for the Venue, the Tip Jar Service Fee and transfers of shares to Venue Members are handled using Stripe infrastructure.

4. The Operator does not maintain a payment account for the Venue or Venue Members and does not store funds outside Stripe infrastructure.

5. Depending on the Stripe Connect mechanism used, funds may be technically settled on the Operator's Stripe Account and then transferred to the appropriate Stripe Accounts of Venue Members.

6. The Operator determines the allocation instruction for shares on the basis of the Distribution Algorithm and communicates it to Stripe. This action is technical and automatic.

7. A tip transferred to a Venue is divided automatically on the basis of the Distribution Algorithm assigned to that Venue. The Operator provides and enables configuration of the Distribution Algorithm, but does not make a discretionary decision as to who receives a share of a specific tip or in what amount.

8. The amount of a tip transferred to a Venue, excluding the Tip Jar Service Fee, is divided among eligible recipients in accordance with the Distribution Algorithm. The Tip Jar Service Fee is not covered by the Distribution Algorithm and is not transferred to Venue Members.

9. If it is not possible to divide the tip in accordance with the Distribution Algorithm, the tip may not be accepted.

10. The Operator is not the employer of Venue Members, does not pay wages or other employee benefits and does not mediate in employment-law relationships between the Venue or its operator and persons cooperating with it.

11. A share in a Venue tip does not constitute remuneration paid by the Operator or a benefit paid by the Venue through the Operator, but part of a voluntary Customer tip divided according to the accepted Distribution Algorithm.

12. Use of Tip Jar functionality requires an active Plan assigned to the given Venue.

13. The scope of functionalities available for a given Venue depends on the selected Plan and may include in particular different Distribution Algorithms, configuration, reporting, integration and other functionalities made available by the Operator. The current scope of functionality of individual Plans is published in the Service.

14. Expiry of the Plan results in disabling the ability to start new Shifts and accept new tips for the Venue, while preserving access to historical data, settlement information and functions necessary to settle existing obligations.

1. Each User may create a Venue. The creator of the Venue becomes its first Venue Administrator. Each Venue has exactly one Venue Administrator.

2. Receiving tips, including shares in Venue tips, requires a Stripe Account.

3. A Venue is created by providing its name and, optionally, description and Venue details. The Venue receives the Status "Pending approval". By creating a Venue, the creator represents that they are the owner of the given place or a person authorized to operate it or to create the Venue with the consent of such a person. One actual place corresponds to one Venue constituting one Tip Jar.

4. Each newly created Venue is subject to verification and approval by the Platform Administrator and may not accept tips or run Shifts before activation. The Operator may approve a Venue, refuse activation or revoke activation of an already active Venue, in particular for legal reasons, AML or KYC reasons, security, risk of abuse, reputational reasons or requirements of Stripe or payment organizations. §6, §9, §10 and §23 apply accordingly to Venues.

5. Until the Venue is approved, starting and ending Shifts, inviting and removing members and publicly accepting tips through the Venue tipping page remain restricted in particular; configuration of Venue settings and the Distribution Algorithm remains possible.

6. The Operator informs the Venue Administrator of the activation decision. The Operator is not obliged to disclose detailed decision criteria to the extent indicated in §22 paragraph 3. With respect to Consumers and Consumer-Like Entrepreneurs, the Operator provides information to the extent required by law.

7. The Operator may limit the number of Active Members in accordance with the selected Plan. Exceeding the limit does not remove Venue Members.

8. The Operator may prevent new Shifts from being started until:

a) a new Billing Period begins;

b) the Plan is upgraded.

1. Each Venue Member has one of the following roles: Venue Administrator, Shift Manager or member. Each Venue has exactly one Venue Administrator. A Venue may have multiple Shift Managers.

2. The Venue Administrator manages the Venue, including its description and members, and is responsible for those actions. The Venue Administrator is responsible for the correct configuration of the Venue and Tip Jar function, including the selection and settings of the Distribution Algorithm, assignment of functional groups, setting of weights and the Referrer's share, as well as invitations and member management. The Venue Administrator is also responsible for selecting the Plan and timely payment of the Subscription Fee.

3. Transfer of the Venue Administrator role does not transfer rights and obligations arising from the Plan. The rules for further use of the Plan are set out in §8a.

4. Tip Jar is intended to accept tips for all persons cooperating in the given place who wish to receive tips within the shared pool. The Venue Administrator may not use admission to the pool or refusal of admission as an element of an employment relationship or other legal relationship with the given person or as a motivational or disciplinary instrument. The Venue Administrator is responsible for their actions in this respect; the Operator is not a party to such decisions or relationships.

5. The Shift Manager manages, within the permitted scope, which members are currently eligible to receive tips within the pool by managing Shifts. The Shift Manager may not restrict the share of a member who is actually eligible to receive tips or use Shift management as a motivational or disciplinary instrument. The Shift Manager is responsible for their actions.

6. The effects of the adopted distribution configuration, including the allocation result among members, are borne by the Venue and its Venue Administrator. The Operator is not responsible for the distribution configuration adopted by the Venue or for disputes between members concerning the amount of shares.

7. A User becomes associated with a Venue on the basis of an invitation sent to an email address. Invitations may be sent only by the Venue Administrator and Shift Managers and only after the Venue is activated. The invitation indicates the assigned role and remains valid for the period specified by the Operator, by default 7 days.

8. Accepting an invitation requires logging in using the address to which the invitation was sent, and the invitation must remain pending and not expired. The invitee may refuse to accept the invitation.

9. Joining a Venue is voluntary and takes place only on the basis of the User's own confirmation. Joining a Venue means accepting the Distribution Algorithm applicable in that Venue, which is transparent and available to the User before joining and throughout participation.

10. A Venue Member may cease participation at any time. Regardless of Venue settings concerning ending Shifts, a member may at any time end their Shift to the extent allowed by those settings or, in every case, leave the Venue. Leaving the Venue ends the member's active Shift and participation in that Venue.

11. Removing a member by the Venue Administrator requires the member's active Shift to be ended first. Before leaving the Venue, the Venue Administrator must first transfer the Venue Administrator role to another Venue Member in accordance with paragraph 3.

1. A Shift determines which members participate in the distribution of tips transferred to the Venue during its duration. Only members on an active Shift and meeting the Tip Readiness conditions at the time of payment participate in the distribution.

2. A Shift serves only to confirm which members are currently participating in the Tip Jar pool and does not constitute a working time record, attendance record or working time settlement or management system. The Service is not a time tracking system.

3. Starting a Shift is possible only in a Venue with the Status "Active". A User may be on only one active Shift at a time, regardless of the number of Venues.

4. The manner of ending Shifts is determined by Venue settings, which may provide for a Shift to be ended independently by each member or only by the Venue Administrator and Shift Managers. This provision is without prejudice to the member's right to leave the Venue at any time in accordance with §29 paragraph 10.

5. A Shift may be ended automatically after the number of hours specified in the Venue settings has elapsed, as well as if the member loses Tip Readiness.

6. The Operator may end a Shift if required by security, correctness of settlements or the member losing the ability to receive funds through Stripe.

7. If starting a Shift would cause the Active Member limit under the Plan to be exceeded, the Operator may refuse to start the Shift.

1. The Customer transfers a tip to the Venue by scanning the Venue QR code or opening its tipping page.

2. The Customer transfers one voluntary tip to the team and does not indicate individual recipients of shares, except for registering a Referrer in referrer mode.

3. Before approving the payment, the Customer receives clear information about:

a) the tip amount intended for the Venue;

b) the amount of the Tip Jar Service Fee;

c) the total payment amount.

4. The Distribution Algorithm operates only on the tip amount intended for the Venue. The Tip Jar Service Fee is separate remuneration of the Operator, is not covered by the Distribution Algorithm and is not transferred to Venue Members.

5. During an active Shift, the handling of a member's individual QR code depends on the Distribution Algorithm. For algorithms without a Referrer share, the Customer is redirected to the Venue tipping page. For the algorithm with a Referrer share, the member's individual page remains open, the member is registered as the Referrer and receives the configured share, while the remaining part of the tip is divided among the team on Shift.

6. The Venue Administrator selects one Distribution Algorithm in the settings. The Service may provide different Distribution Algorithms, including in particular but not limited to:

a) equal distribution;

b) per-person weights;

c) functional groups with a combined 100 percent share;

d) distribution with a Referrer share.

7. Amounts are calculated in grosz. If the division does not divide without a remainder, the rounding difference is assigned to one or more recipients in accordance with the technical rule used by the Service so that the sum of shares equals the tip amount.

8. The Distribution Algorithm applicable in the Venue, together with its parameters, is transparent and presented to Venue Members in the Service.

9. The Venue tipping page accepts tips only when:

a) the Venue has the Status "Active";

b) the Distribution Algorithm is correctly configured;

c) at least one member meeting the Tip Readiness conditions is on an active Shift.

10. The Operator is not liable for the unavailability of tip acceptance resulting from failure to meet the conditions referred to in paragraph 9 or from incorrect Venue configuration.

11. Selection and configuration of the Distribution Algorithm are the responsibility of the Venue Administrator. The Operator is not liable for the correctness or fairness of the adopted configuration or for disputes between members concerning allocation.

12. The allocation result for a given member may include in particular the gross share in the tip, amounts of charges assigned to that share, the net amount and percentage share, and is presented to that member in the Service.

13. The Active Member limit does not affect the operation of the Distribution Algorithm, but only the ability of a given member to participate in the distribution.

1. Starting a Shift and receiving a share in Venue tips requires meeting Tip Readiness conditions, in particular:

a) active membership in the Venue;

b) an active Account;

c) a connected and verified Stripe Account with the ability to accept payments and payouts enabled;

d) no block resulting from risk assessment mechanisms;

e) depending on the Distribution Algorithm, a set weight or assigned functional group;

f) no active Shift in another Venue;

g) not exceeding the Active Member limit under the Plan.

2. A tip transferred to a Venue may fail at the time of payment if any member on Shift does not meet the Tip Readiness conditions. The Operator and Stripe may reject or fail to process such transaction.

3. The Operator is not liable for the non-acceptance or failure of a Venue tip resulting from lack of Tip Readiness on the part of a member or incorrect Venue configuration.

1. Each member's share in a Venue tip is transferred to that member's Stripe Account using Stripe Connect mechanisms.

2. §11 applies to shares in Venue tips. Each member is independently responsible for tax settlements and obligations towards ZUS related to the received share.

3. §14 concerning refunds, reversals and chargebacks also applies to shares. The Operator may recover related costs from the recipients of the relevant shares, proportionally to the amounts of shares received, including by way of set-off, transfer reversal, debit document or payment demand.

4. Use of the Tip Jar function involves sharing within the Venue the data necessary for its operation, in particular information about membership, roles, Tip Readiness, Shift status and tip distribution summaries, to the extent available to the Venue Administrator and Shift Managers.

5. Detailed rules for personal data processing, including the possible role of the Venue operator as a separate controller, are set out in the Privacy Policy.

6. §6, §9, §10, §20, §21 and §22 apply accordingly to Venues, Venue Administrators and Venue Members.

7. The Operator may refuse to approve a Venue, restrict its functionality, suspend or deactivate a Venue, and restrict, suspend or terminate membership on the terms and for the reasons indicated in the Terms.

8. Disputes between members concerning tip distribution and disputes between members and the Venue operator remain outside the Operator's liability to the extent permitted by law.

9. Expiry of the Plan does not affect tip history, settlement history or tax obligations.

1. The Operator is not liable for non-performance or improper performance of obligations caused by force majeure, understood as an external event impossible to foresee and prevent.

1. These Terms are governed by Polish law.

2. For disputes with Entrepreneurs, the court having local jurisdiction over the Operator's registered office shall be competent.

3. For Consumers and Consumer-Like Entrepreneurs, court jurisdiction is determined by generally applicable law. The choice of Polish law does not deprive a Consumer of protection resulting from mandatory provisions of law of the country of their habitual residence.

1. If any provision of these Terms proves invalid or ineffective, this does not affect the validity of the remaining provisions. In place of the invalid or ineffective provision, the provision closest to the economic purpose of the replaced provision and compliant with law applies.

1. The Operator may amend these Terms for legal, business, organizational, security, technological reasons or reasons arising from Stripe requirements.

2. Changes resulting from AML, KYC regulations, security reasons or Stripe requirements may enter into force immediately if their immediate application is necessary or required.

3. The Operator may make available a new version of the Terms requiring the User's express acceptance before further use of the Service. Until the new version of the Terms is accepted, the Operator may restrict the ability to use Service functionalities, except for functionalities necessary to review the content of changes, download data or terminate the agreement.

4. Changes do not infringe acquired rights and do not apply to transactions completed before they enter into force.

5. A change to the Price List affecting the amount or method of calculating the Platform Fee or Tip Jar Service Fee is communicated to Users in the manner adopted for changes to the Terms, unless it concerns only a fee reduction, temporary promotion or a change more favorable to the given entity.

6. The Operator may also change Plans and the amounts of Subscription Fees in accordance with the rules for changing the Price List.

7. In connection with a change in the settlement model, the Operator may require existing Users to reconnect their Stripe Account or complete the Stripe onboarding process again. Until this process is completed, the Operator may restrict the ability to receive new tips, while leaving the User access to account data and other functionalities that do not require an active Stripe Account.

1. These Terms enter into force:

a) for new Users - on 21 July 2026;

b) for existing Users - upon express acceptance of the Terms in the Service.

2. The Operator's contact point, including for reports referred to in §12 and complaints referred to in §15, is available at: pomoc@dajtipa.pl

3. Appendices to these Terms are:

a) the Price List;

b) the Privacy Policy together with the Cookies Policy;

c) Information concerning Stripe.