TipByCard – General Terms and Conditions

1. Provider and scope of these Terms

1.1. The TipByCard digital tipping platform is operated by Bestroom4U Hungary Kft. (registered office: H-4029 Debrecen, Malomköz utca 8. II/2/8., company registration number: 09-09-027699, tax number: HU25510702, registering court: Court of Registration of the Debrecen Regional Court, e-mail: info@tipbycard.com; hereinafter “TipByCard” or the “Provider”).

1.2. These General Terms and Conditions (“Terms”) govern the use of the https://tipbycard.com website, the related administration interface, QR codes, links, payment flows and other associated digital functions (together, the “Platform”).

1.3. These Terms apply to all users of the Platform, including in particular: (i) the business, organisation or sole trader contracting for the Platform (the “Partner”); (ii) administrators and other users authorised by the Partner; (iii) entities shown on the Platform as eligible to receive tips (each a “Tip Recipient”); and (iv) the person giving a tip (the “Guest”).

1.4. For Partners, these Terms may be supplemented by an order form, quotation, service agreement or other separate written agreement between the parties (the “Individual Agreement”). In the event of a conflict, the Individual Agreement prevails to the extent of that conflict.

1.5. By using the Platform and, for Partners or authorised users, by clicking the relevant acceptance checkbox or button during registration or onboarding, the user accepts these Terms. Completed tip transactions are governed by the version of the Terms in force at the time of the transaction.

2. Definitions

2.1. “Tip” means a voluntary monetary amount initiated by the Guest through the Platform. It is not consideration for a service supplied by TipByCard and does not modify the legal relationship between the Guest and the Partner or any other provider in relation to the underlying goods or services.

2.2. “Tip Recipient” means an organisation, organisational unit/group or natural person configured by the Partner on the Platform as eligible to receive tips. The Platform does not impose a mandatory organisational hierarchy; the Partner is responsible for configuring and authorising Tip Recipients.

2.3. “Selection Link / QR Link” means a stable link or QR code that displays the Partner-curated list of Tip Recipients and starts the Guest tipping flow.

2.4. “Payment Provider” means a third-party provider processing card and other electronic payments. Under the current technical setup, this is Stripe and/or the relevant Stripe group entity.

3. Nature of the TipByCard service

3.1. TipByCard provides a technology platform for initiating digital tips, displaying Tip Recipients, starting the payment flow and providing Partners with administration and reporting functionality.

3.2. TipByCard does not provide the underlying goods or services sold or supplied by the Partner to the Guest and is not responsible for their quality, performance, price, warranties, statutory rights or any other aspect of the legal relationship between the Partner and the Guest.

3.3. TipByCard is not a bank or credit institution and, unless expressly stated otherwise, does not itself provide regulated payment services. Payment processing is performed by the Payment Provider under its own contractual terms, card-scheme rules and applicable law.

3.4. The Platform is intended to support tipping transactions. The Partner must not use the Platform for ordinary sales of goods or services, salary or wage payments, lending, fundraising, cash-substitute activity or other payment flows outside the intended purpose of the Platform without TipByCard’s prior written approval.

4. Partner onboarding, administration and permissions

4.1. The Partner must provide true, accurate, complete and up-to-date information during registration, onboarding with the Payment Provider and use of the Platform.

4.2. The Partner is responsible for managing its administrator and user accounts, assigning appropriate access rights, keeping credentials confidential and promptly reporting unauthorised access.

4.3. The Partner may display a person’s name, portrait, role/organisational description, logo or other content on the Platform only where it has an appropriate legal basis, authority or consent to do so. The Partner is responsible for ensuring the lawful display of Tip Recipients.

4.4. TipByCard may request further information or documentation, or temporarily restrict access, where reasonably necessary for platform security, legal compliance, fraud prevention or compliance with payment-provider requirements.

5. Tipping flow

5.1. After opening a QR code or link, the Guest selects from the Tip Recipients made available by the Partner, then selects or enters the tip amount and, where available, the currency.

5.2. Before confirming payment, the Guest must verify the selected Tip Recipient, currency and amount. The Platform provides technical means for identifying and correcting input errors before the transaction is submitted.

5.3. Payment details and payment authentication may be handled in a secure environment provided by the Payment Provider. By using a card or other payment method, the Guest represents that they are authorised to use that payment method.

5.4. Payment success is confirmed by the Payment Provider and the Platform. Final transaction status is determined on the basis of payment-provider confirmations and the Platform’s transaction records.

5.5. The Platform may use technical idempotency and fraud-prevention measures to reduce the risk of accidental duplicate payments, repeated clicks or faulty retries, but these measures cannot completely eliminate the possibility of erroneous or unauthorised transactions.

6. Payments, fees and taxes

6.1. Tip payments are processed by a third-party Payment Provider. The Payment Provider’s own terms and applicable bank and card-scheme rules may also apply to the transaction.

6.2. TipByCard may charge the Partner platform, service or transaction fees in accordance with the Individual Agreement or other pricing clearly communicated to the Partner. Tax and VAT treatment of such fees is determined under applicable law.

6.3. TipByCard charges a separate platform or convenience fee to the Guest only if the amount or calculation method is clearly disclosed before payment is confirmed. If the checkout does not display a separate fee, the amount approved by the Guest is the tip amount.

6.4. The Partner, Tip Recipient and, where relevant, the Guest are each responsible for their own tax, accounting, employment, social-security, reporting and record-keeping obligations. TipByCard does not provide tax, accounting or legal advice.

6.5. The Partner is responsible for the lawful internal allocation, forwarding or payout of tips, including compliance with applicable tax and employment rules for employees, contractors or other recipients.

7. Finality, refunds, erroneous payments and chargebacks

7.1. A tip authorised by the Guest and successfully processed is generally final and may not be unilaterally changed or cancelled by the Guest. This does not limit any mandatory consumer or payment rights that cannot lawfully be excluded.

7.2. A refund may be made in particular in the event of duplicate payment, proven technical error, unauthorised transaction, a legal requirement, a decision of the Payment Provider/card scheme, or an individual goodwill decision approved by the Partner or TipByCard.

7.3. A Guest requesting a refund must provide the information reasonably necessary to identify the transaction as soon as possible. TipByCard may involve the Partner and the Payment Provider in investigating the request.

7.4. Card disputes and chargebacks are governed by the Payment Provider’s and card scheme’s rules. The Partner must reasonably cooperate and provide lawfully available information or evidence required to investigate a disputed transaction.

7.5. Responsibility for chargebacks, refunds, negative balances and related fees as between TipByCard and the Partner is determined by the Individual Agreement, the Payment Provider’s terms and applicable law.

8. Prohibited and abusive use

8.1. The Platform must not be used unlawfully, fraudulently, deceptively or in breach of card-scheme or payment-provider rules. In particular, users must not:

• access accounts or systems without authorisation, share credentials or impersonate another user;
• provide false or misleading personal, organisational or payment information;
• generate artificial or non-genuine tips to themselves or related persons in order to circumvent fees, payment rules or card-scheme rules;
• engage in money laundering, terrorist financing, fraud, sanctions violations or other prohibited conduct;
• disrupt, automatically attack, reverse engineer, unlawfully copy or bypass security controls of the Platform.

8.2. TipByCard may investigate suspected prohibited use, temporarily suspend access, cooperate with the Payment Provider and notify competent authorities where required by law.

9. Platform availability and changes

9.1. TipByCard aims to provide a continuous and secure service but does not guarantee uninterrupted, error-free availability on all devices at all times.

9.2. Planned maintenance, security updates, third-party outages, banking/card-network failures, internet or infrastructure outages, legal requirements or authority measures may temporarily limit availability.

9.3. TipByCard may develop, modify or discontinue Platform features. For material adverse changes affecting Partners, TipByCard will provide reasonable prior notice where practicable, except where immediate change is required for security, legal or third-party provider reasons.

10. Intellectual property and content

10.1. The Platform software, interface, source code, database structures, documentation, TipByCard marks, logos and other content created by TipByCard are the intellectual property of TipByCard or its licensors.

10.2. During the contractual term, the Partner receives a limited, non-exclusive, non-transferable right to use the Platform for its business purposes in accordance with the Individual Agreement and these Terms.

10.3. Rights in names, logos, images, portraits, descriptions and other content uploaded by the Partner remain with the Partner or the relevant rights holder. The Partner grants TipByCard a non-exclusive licence, to the extent necessary to provide the service, to display, host, technically process and transmit such content.

11. Privacy and cookies

11.1. Personal data is processed in accordance with the then-current TipByCard Privacy Notice available at https://tipbycard.com.

11.2. The Partner must comply with its own controller/processor obligations in relation to personal data it processes or uploads through the Platform. Where the parties’ roles require a data processing agreement, this will be governed by a separate document.

11.3. Certain payment-related personal data may be processed by the Payment Provider as an independent controller under its own privacy notice.

12. Suspension and termination

12.1. The duration, termination and payment terms of the Partner relationship are primarily governed by the Individual Agreement.

12.2. TipByCard may immediately suspend or restrict access where reasonably necessary for security, legal or regulatory compliance, payment-provider requirements, suspected fraud or abuse, or material breach of contract.

12.3. Termination does not affect payment, refund, chargeback, tax, confidentiality, intellectual-property or liability obligations that by their nature survive termination.

13. Warranties, liability and limitation of liability

13.1. TipByCard provides the Platform in its then-current technical state and within the limits permitted by law. TipByCard does not warrant that the Platform is suitable for every individual business, tax, employment or accounting purpose.

13.2. TipByCard is not responsible for acts, omissions or service failures of the Partner, Tip Recipient, Guest, Payment Provider, bank, card scheme, internet provider or other independent third party, except where liability cannot lawfully be excluded or limited.

13.3. As against Partners, except for wilful misconduct, death/personal injury or other liability that cannot legally be limited, TipByCard is not liable for indirect or consequential loss, lost profit, business interruption or loss of goodwill.

13.4. As against Partners, to the extent permitted by law and unless the Individual Agreement provides otherwise, TipByCard’s aggregate contractual liability is capped at the net service fees actually paid by the Partner to TipByCard during the 12 months preceding the event giving rise to the claim.

13.5. As against consumers, these limitations apply only to the extent permitted by mandatory consumer and civil law. These Terms do not limit statutory consumer rights.

14. Force majeure

14.1. TipByCard is not liable for delay or service interruption caused by events outside its reasonable control, including natural disasters, war, governmental action, widespread cyberattacks, internet or telecommunications outages, banking/card-network failures, utility failures, pandemics or similar force majeure events.

15. Complaints and consumer dispute resolution

15.1. Complaints concerning the Platform may be submitted by e-mail to info@tipbycard.com or in writing to H-4029 Debrecen, Malomköz utca 8. II/2/8. TipByCard responds to written consumer complaints within the time limit required by applicable law, currently generally within 30 days.

15.2. In a consumer dispute, a consumer may apply to the conciliation body competent according to their residence or place of stay in Hungary. The current contact details of the eight regional Hungarian conciliation bodies are listed in Annex 1 to the Hungarian version of these Terms.

15.3. Consumers may also contact the competent consumer-protection authority or courts. This clause does not affect any other mandatory remedy available under applicable law.

16. Changes to these Terms

16.1. TipByCard may amend these Terms due to changes in law, service development, security or business reasons. The current version will be published on the Platform in a format that can be accessed, saved and retrieved.

16.2. TipByCard will provide Partners with reasonable prior notice of material adverse changes where practicable, unless immediate change is required by law, an authority, a security incident or a payment-provider requirement. Where law or the Individual Agreement requires explicit acceptance, the amendment becomes binding only in accordance with that requirement.

16.3. An amendment does not retroactively change the legal treatment of a tip transaction completed before the amendment became effective.

17. Governing law, language and miscellaneous

17.1. These Terms and the TipByCard services are governed by Hungarian law in conjunction with applicable European Union law. For consumers, this choice of law does not deprive them of mandatory protection granted by the law of their habitual residence where EU conflict-of-law rules so provide.

17.2. Unless the Individual Agreement provides otherwise, Hungarian courts have jurisdiction in disputes involving Partners. Mandatory jurisdiction and venue rules apply to consumers.

17.3. If any provision is invalid or unenforceable, the remaining provisions remain effective. The invalid provision should, where possible, be replaced by a lawful provision that most closely reflects its purpose.

17.4. These Terms are prepared in Hungarian and English. In case of discrepancy or uncertainty, the Hungarian version prevails, without prejudice to mandatory consumer-protection rules.

17.5. Contact: Bestroom4U Hungary Kft.; registered office: H-4029 Debrecen, Malomköz utca 8. II/2/8.; e-mail: info@tipbycard.com; telephone: +36 20 976 4276.