Here's the legal bit.....
Effective Date: March 17, 2025
1. Introduction
1.1. Welcome to airtip, a tip collection platform brought to you by airtip ltd ("we", "us", "our"). We are registered in England and Wales under registered company number 15409245 and our address is 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom.
1.2. The airtip platform is made available to you via our android and IOS apps on the Google Playstore and Apple Store or via our website at www.airtip.app, our software applications and such other technologies that we make available from time to time (collectively "airtip" or the "Platform").
1.3. Please read these Client Terms of Use carefully. They set out the basis on which you (as our Client) access and use the Platform and appoint us as your non-exclusive 'commercial agent' to collect Tips on your behalf.
1.4. These Client Terms of Use incorporate our Privacy Policy and Cookie Policy (which together make up the "Agreement" between us). By accessing and using airtip, you accept and agree to the terms of this Agreement. If you do not understand or agree with the Agreement, you should not use airtip.
1.5. From time to time, we may refine or change aspects of the Agreement, and any revised terms or policies will be made available to you at https://www.airtip.app/terms and a notification of such changes displayed in a prominent place on the airtip app and/or website. Please take a moment to read the changes. If you continue to use airtip after we make the changes, you will be deemed to agree to the changes. If you do not agree to the changes, you should not use airtip.
1.6. Certain words and phrases in these Client Terms of Use have specific definitions when they start with capital letters. Where a defined term is used, it has the meaning set out in Section 19 (Definitions) below or the meaning given to it in the relevant clause of these Client Terms of Use.
2. Agreement Overview
2.1. By accessing or using our platform at airtip.app, our mobile applications, or any other services we provide, you agree to be bound by this Agreement.
2.2. Our Platform is intended for use within the United Kingdom, Channel Islands, and Isle of Man (the "Territory"). If you access it from elsewhere, you're responsible for complying with your local laws.
3. Your Appointment of Us as Your Commercial Agent
3.1. We need your authority to remit Tips to you. You appoint us as your non-exclusive commercial agent to collect Tips within the Territory on the terms set out in this Agreement. In this regard, we act as commercial agent only for you (that is, we are not an agent of the Customer and/or any third parties involved in the process).
3.2. As your commercial agent, you give us authority to conclude transactions with Customers to collect Tips on your behalf, which includes your authority to bind you contractually in respect of those transactions.
3.3. You agree that you will only have recourse against us (and we shall only be liable to you) if we collect Tips on your behalf but fail to transfer them to you when they fall due (subject to deducting our Commission and such other fees/costs we are entitled to charge). In other words, you accept that we don't have any other responsibilities towards you.
3.4. As we are only your non-exclusive commercial agent, you can of course still collect Tips directly from Customers in addition to, or instead of, airtip.
4. Duration of Agreement
4.1. This Agreement commences on the Effective Date and continues until the earlier of:
a. either of us serving notice to terminate the Agreement in accordance with its terms; or
b. you are no longer working in one of the Approved Professions.
5. Account Registration
5.1. To access certain features, you'll need to create an account by providing:
a. Your name (valid and legal)
b. Email address
c. Mobile number (for verification & access)
d. Password
5.2. You must:
a. Provide accurate and complete information
b. Keep your account details updated
c. Create appropriate usernames and profile images that aren't offensive or infringing
d. Keep your password confidential
5.3. You may request account deletion directly from the application or by contacting support@airtip.app. We'll process your request within 30 days, though we may retain certain data for legal and financial purposes.
6. Our Rights and Obligations
6.1. As the provider of airtip and as your commercial agent, we shall:
a. provide you with access to airtip for the purpose of:
i. registering;
ii. creating an account; and
iii. authorising us to conclude transactions with Customers and collect Tips on your behalf;
b. present a range of options to Customers as to the amount of Tip they wish to pay;
c. with the Customer's agreement, enable you to see the name of the Customer who has tipped you (where applicable);
d. where possible, provide the Customer with the option to increase their Tip to cover our Commission and costs;
e. at your request, pay amounts that are due to you (after deduction of our Commission and such other fees/costs as set out in this Agreement);
f. at our discretion, automatically pay any or all amounts due to you to your registered bank account in accordance with the automatic payout policy.
6.2. We may use third parties (including third party payment processors) in connection with the provision of our services.
6.3. Except as stated in this Agreement, airtip is provided without warranty of any kind. All conditions, warranties, representations and terms implied by law, custom or otherwise are excluded by us to the fullest extent permitted by law.
6.4. You acknowledge that we may modify or discontinue certain functionalities or features of airtip from time to time and we may do so, without advance notice (unless there is an adverse impact for you, in which case we shall provide reasonable time for any proposed change, which shall be displayed in a prominent page on our airtip site).
6.5. We provide the Platform "as is" and "as available" without warranties of any kind. We may:
a. Update the Platform at any time
b. Alter, suspend, or discontinue any part of the Platform without notice
c. Withdraw access to the Platform for any reason
6.6. We make reasonable efforts to ensure the Platform is secure, but we cannot guarantee it will be error-free or uninterrupted.
7. Your Obligations
7.1. As a user of airtip and as our 'principal' in the commercial agency relationship, you agree to:
a. act in good faith;
b. promptly deal with any Customer complaint or enquiry relating to Tips;
c. not permit any other person to access your airtip account or to withdraw funds from your airtip account;
d. not permit any other individual to use your tipping QR code to collect tips;
e. comply with all applicable laws.
7.2. You confirm that you:
a. have the legal right to work and receive Tips in the Territory;
b. hold a valid Territory bank account registered in your name;
c. are legally capable of entering into binding contracts;
d. work in an Approved Profession;
e. are not registered for UK VAT;
f. will use airtip only for the collection of Tips paid directly to you by Customers that would otherwise use cash to express their gratuity for your service;
g. remain responsible for correctly and punctually reporting of Tips paid to you by Customers via airtip as earnings to your relevant tax authority;
h. will remain personally liable for payments of all taxation applicable to amounts paid to you through airtip;
i. have provided information to us that is accurate and complete in our registration process including regulatory anti-money laundering information and KYC (know your customer) details such as passport and national ID.
7.3. You agree to reimburse us for any and all claims, damages and/or losses arising from claims made by any third party against us as a result of your failure to comply with Section 7.2(f) and (h).
7.4. You are responsible for:
a. Making arrangements to access our Platform
b. Ensuring your devices are compatible with our Platform
c. All actions taken through your account
8. Prohibited Activities
8.1. You must not:
a. Extract content using automated systems for any purpose
b. Interfere with or damage our Platform or connected networks
c. Access our Platform through unauthorized means (bots, crawlers, etc.)
d. Restrict other users from using the Platform
e. Use the Platform for illegal purposes or to promote unlawful activities
f. Post offensive, discriminatory, or harassing content
g. Modify the Platform or misrepresent association with us
9. Collecting Your Tips
9.1. It is important that you work in one of the Approved Professions to use airtip to collect tips from Customers.
9.2. Just like cash tips, all Tips paid to you by Us belong to you. You can collect Tips directly from Customers using your airtip QR code.
9.3. When we collect Tips from Customers any fees/costs that we are entitled to deduct in accordance with this Agreement will be applied.
9.4. Your tips are personal to you and can be accessed by logging into your app. You have the right to operate and collect Tips into your airtip account and encourage you to comply with your workplace rules and regulations, airtip is not liable for the breach of any workplace regulations you may be liable to as a result of using airtip.
9.5. In the event we hold your tips as part of any wallet, we will fully review and make the necessary judgement and action to follow for releasing funds to your account. In most cases, tips are paid in directly at the point of receipt and payouts are made at your behest through the withdrawal feature in the airtip app.
9.6. In some cases, depending on the payment processor or bank process, payments may not be seen instantly and can usually take up to 7 working days.
9.7 In some cases, we may apply a minimum withdrawal amount in order to reduce the costs incurred to you and us on any payouts to your bank (withdrawals). We will make the minimum withdrawal limit clearly visible in the app.
10. Our Commission, Fees and Costs
10.1. You agree to pay us our Commission and certain other fees and costs explained in this Section.
10.2. In respect of each Tip, subject to Section 11 below, we shall deduct:
a. our Commission (plus any applicable VAT or equivalent sales tax); and
b. the costs we incur relating to processing card payments for collection of the Tip from the Customer and transfer the balance to your bank account or card.
10.3. We will negotiate with the Customer on your behalf, giving them options about how much to tip and where possible giving the Customer the option of increasing their tip to cover our Commission and the costs of processing the card payment for the Tip transaction. If the Customer agrees to this, you will receive a sum equal to 100% of the intended Tip. If the Customer does not agree to this, our Commission and the transaction costs will be deducted from the Tip.
10.4. We may also charge you certain set-up, subscription and/or upgrade fees to use airtip and maybe subject to any future onboarding and set up charges.
10.5. When someone pays by card there are fees to pay to the card issuer to process the transaction. For information on the fees, see stripe.com. This is subject to change at any time. On top of the card issuer fee, airtip applies a small variable fee. Your customers have the option to cover these fees on your behalf. In most cases and in over 90% of transactions, customers choose to cover these fees, ensuring you get 100% of the Tip.
11. Refunds
11.1. Because you can only use airtip to collect tips and gratuities for goods and services you provide, we may withhold funds in the event Tips collected, do not meet the terms of service and conditions as laid out in this document and the airtip website or you no longer work within an Approved Profession.
12. Intellectual Property
12.1. The Platform and all content displayed on it (including text, graphics, logos, images, and software) are protected by intellectual property rights owned by or licensed to airtip ltd.
12.2. You may only:
a. View and use the Platform for personal, non-commercial purposes
b. Give appropriate acknowledgment to us where required
12.3. You must not:
a. Copy, distribute, or publicly display any part of our Platform without prior agreement
b. Modify, reverse-engineer, or create derivative works
c. Remove copyright notices or other proprietary marks
d. Use our content in any way that infringes our rights
13. Your Content
13.1. If you upload content to our Platform, it must not:
a. Contain threatening, defamatory, obscene, or discriminatory material
b. Infringe any third party's rights
c. Include harmful technical components (viruses, malware, etc.)
13.2. By uploading content, you grant us and our users an irrevocable, non-exclusive license to view and use your content without restriction.
14. Privacy
14.1. The privacy of your personal information is important to us.
14.2. Any personal information that you provide to us or that we collect about you will be processed in accordance with our Privacy Policy. This explains what personal information we collect from or about you, why and how we collect, store, use and share it (including with your employer / work operator), your rights in relation to it, and how to contact us and supervisory authorities if you have a query or complaint about our use of it.
14.3. You agree not to do (or omit to do) any act or thing which (a) puts airtip and/or you in breach of applicable data protection law; and/or (b) is contrary to the Customer's right to privacy under such laws.
15. Confidentiality
15.1. We each agree at all times (i) to keep confidential and not disclose to any person any Confidential Information and (ii) only to use such Confidential Information for the purposes of performing our obligations or exercising our rights under this Agreement.
15.2. We may disclose Confidential Information to our personnel, sub-contractors, representatives and/or advisers ("Permitted Disclosees") in connection with us carrying out our obligations and/or exercising our rights under this Agreement. We shall ensure that Permitted Disclosees are subject to similar obligations of confidentiality.
16. Third-Party Links
16.1. Our Platform may contain links to third-party websites or services. We are not responsible for the content or practices of these third parties. Your use of third-party services is subject to their own terms and privacy policies.
17. Termination
17.1. You may cease use of airtip at any time through the “close account” option in the airtip app or by submitting a support request to support@airtip.app asking us to delete your account. When you ask us to do this, we will:
a. Suspend your ability to collect Tips using airtip;
b. Pay you any outstanding balances due to you within 60 days of your request minus any sums you owe to us; and
c. Block your email address and mobile number from being used to register a new airtip account. If you choose to re-open your account; you must use a different email address and/or mobile number.
17.2. We may terminate this Agreement by serving written notice to you (including by email):
a. immediately if you breach this Agreement; or
b. where we no longer able to (or wish to) provide the airtip service, in which case we shall endeavour to give you at least 7 days' notice.
17.3. This Agreement will automatically terminate with immediate effect if you cease to work in an Approved Profession.
17.4. Termination of this Agreement will not affect any accrued rights (including our right to be paid or your right to receive Tips) as at the date of termination.
18. Consequences of Termination
18.1. On termination, you must immediately discontinue your use of airtip. Any continued use, access, or attempted use or access by you of airtip will make any notice by you ineffective and constitute your continued agreement to this Agreement.
18.2. We shall pay you any final amounts held on your behalf in your airtip account (if applicable), less our Commission and any fees/costs that we are entitled to deduct in accordance with this Agreement.
19. Consumer Rights
19.1. In using airtip, you have certain rights as a consumer under applicable UK consumer law. Nothing in this Agreement detracts from those rights (including in respect of cancellation). However, you have the right in Section 17 above to cease use of airtip and cancel the Agreement at any time.
20. Liability Limitations
20.1. Nothing in these Terms excludes or limits our liability for:
a. Death or personal injury caused by negligence
b. Fraud or fraudulent misrepresentation
c. Any matter for which it would be illegal to exclude or limit liability
20.2. Subject to Section 20.1, we will not be liable for:
a. Business losses (including loss of profits or opportunities)
b. Loss or corruption of data
c. Any special, indirect, or consequential damages
d. Events beyond our reasonable control
20.3. Except as stated in Section 20.1, our maximum liability to you is limited to £15.
20.4. We will not be liable for any failure or delay in performing our obligations (including a failure to pay amounts owing) resulting from any cause beyond our reasonable control. We shall keep you notified of any delays and remedial action.
21. General Provisions
21.1. If any court or competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement will not be affected.
21.2. Nothing in the Agreement will establish any partnership or joint venture between us, or (except as expressly stated) mean that any party to this Agreement becomes the agent of another third party, nor does the Agreement (except as expressly stated) authorise any party to enter into any commitments for or on behalf of any other third party.
21.3. This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
21.4. You may not transfer any of your rights or obligations under this Agreement to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
21.5. Any notice (other than in legal proceedings) to be delivered under the Agreement must be in writing and delivered pre-paid first class post to the registered address or place of business of the notified party, or sent by email to the other party's main email address as notified to the sending Party.
21.6. Notices:
a. sent by post will be deemed to have been received, where posted from and to addresses in the United Kingdom, on the second Working Day and where posted from or to addresses outside the United Kingdom, on the tenth Working Day following the date of posting;
b. delivered by hand will be deemed to have been received at the time the notice is left at the proper address;
c. sent by email will be deemed to have been received on the next Working Day after sending.
21.7. Unless the context requires a different interpretation:
a. all singular words include plural ones and vice versa;
b. all references to sections, sub-sections, schedules or appendices are to the ones in these Client Terms of Use;
c. all references to a person includes firms, companies, government entities, trusts and partnerships;
d. the term 'including' does not exclude anything not listed;
e. all references to statutory provisions include any changes to those provisions;
f. no headings or sub-headings form part of these Client Terms of Use or the Agreement.
21.8. This Agreement constitutes the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter.
21.9. You may not assign or transfer your rights under these Terms.
21.10. Our failure to enforce any right does not constitute a waiver.
22. Governing Law and Jurisdiction
22.1. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.
23. Contact Us
23.1. For questions or complaints about our Platform, please contact us at:
a. Email: support@airtip.app
b. Website: airtip.app/contactus
c. app: You may contact us within the app
24. Definitions
24.1. The following words and phrases have the following meanings in these Client Terms of Use:
Approved Professions - One of the approved professions listed here https://www.airtip.app/approved-professional, as amended by us from time to time.
Client Terms of Use - These client terms and conditions of use, as amended by us from time to time.
Commission - The commission we are entitled to charge on each Tip transaction, as specified in Pricing Schedule.
Confidential Information - All confidential information (however recorded or preserved) disclosed by either party to the other party concerning the disclosing party's (a) business, affairs, customers, clients, suppliers, plans, intentions, or market opportunities; (b) operations, processes, product information, know-how, designs, trade secrets or software; and (c) any information developed under this Agreement.
Customer - An individual who wishes to pay a Tip to you via the airtip platform or scanning an airtip QR code.
Effective Date - The first date of your access to the airtip platform.
airtip wallet - Any amount we or third party processing provider hold that has yet to be transferred to your account subject to the commission and fees laid out in this document.
Fees - When someone pays by card there are fees to pay to the card issuer to process the transaction. For information on the fees, see stripe.com. This is subject to change at any time. On top of the card issuer fee, airtip applies a small variable fee of up to 5%. Your customers have the option to cover these fees on your behalf. In most cases and in over 90% of transactions, customers choose to cover these fees, ensuring you get 100% of the Tip.
airtip - airtip provides a QR code and link you can use to collect Tips for yourself. Any Tips you receive through an airtip account are transferred straight to you as soon as they are cleared and available.
Territory - United Kingdom, Channel Isles and Isle of Man
Tip - An uncalled for and spontaneous payment offered by a Customer to you via the airtip platform, with the intention of this money being provided directly to you.
Working Day - Any day other than a Saturday, Sunday or public holiday in England and Wales or as defined in the territory in which airtip and you operate.
"you", "your" or "Client" - You, being a user of airtip who uses the platform to collect Tips and who appoints us as your commercial agent to collect Tips on your behalf.