reproduce, duplicate, copy or otherwise exploit materialon our Website for a commercial purpose; or

redistribute material from the Website, except for content specifically and expressly made available for redistribution, or with our written consent and according to our terms;

infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;

We reserve the right to restrict your access to any areas of our Website, or indeed our whole Website, at our discretion.

We reserve the right to discontinue our servicesfrom our Website, at any time, at our sole discretion.

f)You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

g)You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

h)You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.

5. Subscription

On YouTipper, as a Member, you could choose to be listed in various different categories, such as companies/stores, employees/volunteers, hospitality/food delivery, content creators, top athletes, entertainers, artist and celebrities. Each category on YouTipper has its own ranking, which is based on city or country or worldwide, which comes with different monthly subscription cost. As a Member, you may choose to be seen in the ranking, which may be based as per city or country or worldwide, for a monthly subscription price. The ranking is based on reviews. You can cancel your membership at any time. However, your membership will be cancelled at the end of your current billing cycle, and at the end of such term, your account will be deleted from YouTipper, and any money lying in your account will be forfeited by YouTipper, if the same is not withdrawn by you earlier as perthese Terms. 

6. Ownership Rights

a) Rights of YouTipper: This Website, its logos, trademark,trade dress, trade name, content, information,and our services, shall remain the sole property of the YouTipper, licensor or third parties, as the case may be. Your use of or access to this Websiteor your purchase of any of our Subscription plans, shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website or our services. This Websiteand the Content, including but not limited to thetrademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Websiteare the exclusive property of, or are licensed to the YouTipper or its owners, and are protected. No use of a trademark, trade dress, trade name, design, or content, appearing on this Website may be made without the prior written permission of the YouTipper.

b) License: Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable, freely revocable license to use the Services for your use and only as permitted by these Terms. YouTipper reserves all rights not expressly granted herein in the services and the content. YouTipper may terminate this license at any time for your abuse of platform and/or violation of the terms herein.

c) Information and Content Submitted by You:

i. The information and data that you submit or provide while creating an account on the Website, or while using our services, shall at times remain yours. You own the intellectual property rights in any such information and content. Nothing in these Terms takes away the rights you have to your information or data. You are free to use or share your data or information for any purpose and with anyone else, wherever you want.

ii. However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use some of this information and content. This is solely for the purposes of providing and improving our services. Therefore, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, copy, publicly perform or display, and translate your content(such as your name and profile picture).

iii. You can delete your content or your account from our Website at any time. However, when you will delete your account, any balance lying in your account, will be forfeited by us. Please take this action carefully.

7. Privacy

In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Website.

8. Subscription, Fee, Payments and Taxes

a) Subscription: You agree to pay for the monthly Subscription that you avail from us, and you authorize us to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to borne all the applicable taxes (wherever applicable). We may employ the use of third-party services for the purpose of facilitating payment and the completion of such payments. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

b) Tips: On our platform, you can receive tips or donations from your customers, clients, fans, friends and followers. However, you cannot use our platform to receive any other kinds of payment. The tips received by you will stay in your YouTipper account, and you can choose when you wish to withdraw the same. If you are a member from Europe, youcan withdraw such amount to your bank account in the minimum of €10.00, and if you are a member outside of Europe, minimum withdrawal amount is €50.00(or its equivalent in other currency).You can withdraw by using the withdrawal method available on the Site. You are solely responsible for entering accurate bank account details, and for any fee or charge incurred in such withdrawal bythe withdrawal method you choose, or by your receiving bank.

c) Fees on Tips: Presently, we charge you 6% of all the tip amount received by you as our platform fee. This shall be in addition to the monthly Subscription purchased by you. We reserve the right to modify this percentage, at any time at our sole discretion, without serving any prior notice to you.

d) Taxes: YouTipper does not withhold taxes on tips issued to Members.The Members are solely responsible for their individual tax responsibilities.All tips are considered as reportable income. Please consult with your tax advisor for any tax-related advice. YouTipper shall not be liable in this regard in any manner whatsoever.

e)Reservation of Right: We reserve the right to modify the prices of ourmonthly Subscription packages, or modify the percentage offeethat we charge from you for the tips received by you or discontinue any or all of our services, at any time, at our sole discretion, without any prior notice. 

9. Payment Processing Timeframe for Payout Requests of €2,500 or Higher

For payout requests of €2,500 or higher, please be advised that the processing timeframe may take up to 10 working days before the payment is transferred to the designated bank account. We endeavor to ensure accurate and secure transactions, and while we aim to process payouts promptly, the extended timeframe is necessary to accommodate larger transactions and required verification processes. 

10. No Refunds

All Subscription sales are final and there shall be no refunds for the same, even if you do not utilize our services or do not receive any tips.Please be double sure before purchasing any subscription. Feel free to contact us at info@youtipper.comif you have any doubts.

11. Fraudulent Transaction

In the event that we detect a potentially fraudulent transaction, we reserve the right to, and will swiftly take action to stop its completion and disbursement. Our stringent fraud prevention measures enable us to promptly identify suspicious activity and intervene to protect the integrity of the platform. Ensuring the security and well-being of our valued community members is of utmost importance, and we maintain a strict policy of zero-tolerance towards fraudulent transactions. In case, YouTipper believes that a transaction made to the member’s wallet may be a fraudulent one,YouTipper will not transfer it to the member’s bank account until it isassured that the payment is legitimate. In such cases, YouTipper reserves the right to investigate further into the transaction, and may contact the cardholder who made the transaction and also the cardholder’s bank. In case we are assured that it is a fraudulent transaction, we will not transfer the amount to member’s bank account. The investigation can take up to 180 days which means the payout to member’s bank account can take up to 180 days.

12. Bank Account Information and Member Responsibility:

a) On YouTipper, our members receive tips from their supporters, and we facilitate the process of depositing these funds into their designated bank accounts. While we diligently verify the identity of our members, it is important to note that we are unable to verify whether the bank account number provided by the member belongs to them personally. Therefore, we want to make it clear that we are not responsible for any inconvenience or issues arising from the accuracy or legitimacy of the bank account information provided by the members.

b) As a member on YouTipper, you acknowledge and accept full responsibility for ensuring that the bank account information you provide for receiving tips is accurate, valid, and belongs to you. It is your obligation to provide correct and up-to-date banking details to prevent any potential delays or complications in receiving your tips.

c) We urge all members to exercise caution and verify the accuracy of their bank account information before providing it on the platform. Any errors or discrepancies in the bank account details provided may result in delays or failed transactions, for which YouTipper shall not be held liable.

d) By using our services and providing your bank account information for tip disbursement, you agree to release YouTipper from any liability or inconvenience that may arise from the accuracy or legitimacy of the bank account information provided. You understand that YouTipper is acting solely as a facilitator in processing the tip transactions and is not responsible for verifying the ownership or authenticity of the provided bank account information.

e)If you have any concerns or require assistance with your bank account information, please feel free to reach out to our support team at info@youtipper.com. 

13. Disclaimer

a) While we strive to maintain a positive and respectful environment, YouTipper cannot be held responsible for the conduct of its users. We encourage all members and tippers to interact responsibly and lawfully on our platform. Any misrepresentation, fraudulent activity, or misuse of the platform is strictly prohibited, and we reserve the right to take appropriate action, including account suspension or termination, for any violations of our Terms of Service.

b) It may happen that our Website is down, either for planned maintenance or because something goes down with it. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, our website, andservices are provided on an “as is” and “as available” basis. We (and our licensorsand partners) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the services, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our licensors and partners) make no warranty that you will obtain any tips by using our services or by purchasing our monthly subscription packages, or will be provided a specific rank, or would be able to increase your income or have any sort of financial gains. We expressly disclaim and guarantees or warranties in this regard.

c) We may decide to cease making available certain features of the Website at any time and for any reason. Under no circumstances will we or ourlicensors or partners be held liable for any damages due to such interruptions or lack of availability of such features.

d) We are not responsible for delay or failure of our performance of any of the services caused by events beyond our reasonable control, such as electrical, internet, or telecommunication outage, or due to fraud or cyber-crime.

14. Limitation of Liability

To the maximum extent permitted by applicable law, we DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FINANCIAL GAIN OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT about our services. In no event shall YouTipper, or its director(s), be liable to you or any third party for anylost profits, lost data,charges, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or our services, even if YouTipper has been advised of the possibility of such damages. Access to, and use of, the Site and availing our services is at your own discretion and risk, and you will be solely responsible for any losses or damages resulting therefrom.YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS (INCLUDING TAX LAWS) WHILE USING THE SERVICE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so some of the limitations above may not apply to you.

15. Legal Action

If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of YouTipper, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against YouTipper, strong legal actions will be taken immediately.

16. Indemnity

You acknowledge to defend, indemnify and holdYouTipper, its directors, and licensors (hereinafter referred to as“Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable Attorneys’ fees, made by a third party, relating to, or arising from:

a) Your violation of our rights, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights;

b) Your wrongful or improper use of our services or Site;

c) Your violation of any applicable laws, rules or regulations;

d) Your violation of these Terms or any other policy of ours as associated with our services;

e) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.

17. Copyright Infringement 

a) If we are put on notice that your use or action violates the law or the rights of others, or if the same is unlawful, inappropriate, or objectionable, we may suspend your account from the Website.

b) Please notify us if you believe any of your intellectual property rights have been infringed on our Website. Please file your copyright infringement claim with our Copyright Agent at info@youtipper.comfor such complaints and claims.

c) You are required to follow the below procedure to file a claim:

i. Identify in writing the copyrighted material that you claim has been infringed upon;

ii. Identify in writing the copyrighted material that has infringed upon your copyright;

iii. Provide your current and up-to-date contact information, including your address, telephone number, and e-mail address;

iv.Provide your physical and/or electronic signature;

v. Send us a written communication to info@youtipper.com;

vi. You may be subject to liability if you knowingly make any misrepresentations on a take-down notice or claim.

18. Governing Law and Dispute Resolution

i. Governing Law: The Terms and any dispute arising from the same will be governed by Dutch laws, rules and interpretations.

ii. Exclusive Jurisdiction:All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts situated inNetherlands.

iii. Disputes with Tippers: You hereby agree that we are not responsible to mediate any disputes between you and the Tippers, nor shall we become a party to any such disputes. Both you, as well as the Tippers are independent parties, and we are not responsible for the act and conduct of either of you. However, if you believe there has been any violation of our terms or applicable law, please feel free to report the same to us at info@youtipper.com, and we will take action as per our policies.

19. Notices

When you use the Website or send emails to YouTipper, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website, or through phone call, SMS, or WhatsApp message. YouTipper will communicate with you by email or by posting notices on this Website or throughphone call, SMS, or WhatsApp message. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to info@youtipper.com.

20. Miscellaneous

i. Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend your account, and your access to our website or our services, at our sole discretion. In such cases, you shall not be eligible for any refund either, and any money lying in your YouTipper account will be forfeited.

ii. Account Deactivation: If you have provided false or misleading information that compromises the security or integrity of our platform or violates our Terms of Service, we reserve the right to deactivate your account on YouTipper. This measure is implemented to protect our community and prevent any further misuse of the platform.

iii. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.

iv. Waiver: Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms.

v. Survival: Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Use, for any reason whatsoever.

vi. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

vii. No Assignment: You may not assign these Terms of Use (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of YouTipper, which may be withheld at YouTipper’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void.

viii. Entire Agreement: The Terms, ourPrivacy Policyand Cookie Policy, together with any additional terms and conditionsexecuted between us, constitute the entire Agreement between YouTipper and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website.

ix. Force Majeure: YouTipper, its directors, and its agents will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, communication line failures, and power failures.

x. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.

21. Grievance Officer/Designated Representative

In the event you have any grievance regarding anything related to these Termsor Privacy Policy or Cookie Policy, its content or serviceof YouTipper, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at info@youtipper.com.

22. Feedback and Information

We welcome your questions or comments regarding the Terms. You can write to us via email: info@youtipper.com.

Last updated on June 22^nd, 2023.