END-USER LICENSE AGREEMENT (EULA)

for “My Tips” Mobile Application and Online Platform

This End-User License Agreement (“Agreement”) is a legal agreement between you (the “User”) and «My Tips PC» (hereinafter “My Tips”) regarding the terms and conditions for use of all software developed, marketed and made available by My Tips (the term «Software» includes the website, the mobile application, the data, information and capabilities that are available through the use of the Software). By downloading installing, accessing, or using the Software you agree to the current terms and conditions of use and the relevant data protection policies.

END-USER LICENSE AGREEMENT (EULA)

1. The Software

1.1. My Tips is developed and owned by a limited partnership named “MY TIPS PC” with the main office located in Greece (VAT no. 802892554) (hereinafter: «My Tips»). My Tips has developed a mobile application that enables, supports and assists users to send and receive tips, gratuity payments and small monetary gifts by providing the means to access personalized payment services from other providers and high quality relevant interactions. My Tips operates as a tool that enhances and allows you to readily and easily interact, communicate and access payment systems for the abovementioned purposes. However, My Tips does not choose or define the interaction, the transaction or the economic results of each transaction. The User has the sole responsibility of selecting, inputting the relevant data and executing the relevant transaction. My Tips was founded by experienced entrepreneurs and individuals with great expertise in the field of hospitality to enhance the interaction and gratuity between customer and servicer. My Tips is not a regulated financial institution or other relevant regulated entity.

1.2. Make sure to familiarize yourselves with the provisions included in this agreement. Further use, access and browsing of the Software and any applications contained therein shall constitute your express and unreserved consent and agreement to these terms and conditions.

2. Services Offered

2.1. Subject to the terms of this Agreement, the Company grants the User a limited, non-exclusive, non-transferable license to use the Software solely for personal, non-commercial purposes on compatible devices owned or controlled by the User, in accordance with the Google Play Store’s terms of service and Google App Store terms of use.

2.2. My Tips is equipped with the necessary infrastructure, human capital, experience, skills and specialized knowledge to offer the services mentioned above.

2.3. My Tips may provide updates, enhancements, or modifications to the Software, including bug fixes and additional features, as deemed necessary in its sole discretion. The User acknowledges and agrees that My Tips may update and alter in any way the Software at its discretion and that this Agreement shall apply regardless of any such updates.

2.4. We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Software and the services offered by the Software.

2.5. The use of the Software and the services therein provided may be revoked to a specific User if the User violates any of the herein described terms of use of any legal provisions applicable to a specific interaction.

2.6. We cannot guarantee the Software and all related services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Software or infrastructure, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Software at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

2.7. The Software may not be used by minors, meaning persons under the age of 18 years or persons that are considered by law minors in the jurisdiction in which you reside.

2.8. The User may not access the Services through automated or non-human means, whether through a bot, script or otherwise, or use the Services for any illegal or unauthorized purpose.

2.9. The Software does not offer any tax or tax-related services. All issues that arise and concern tax, income declaration and all other accounting or tax obligations are the sole responsibility of the User and My Tips waives all possible liability for any issues that concern accounting and tax obligation of the User.

3. User Registration and Login

3.1. Each User in order to use the services of the application is required to register, thus acquiring a unique User name and password. By using these details and after entering the application interface, the authorized User, can have access to the My Tips services as described in the designated document. The details required to register include basic info required by law and regulation according to Know Your Customer (KYC) requirements. These information are legally (and lawfully) required by the affiliate payment servicer that the My Tips Software employs.

3.2. The User accepts and declares that he submits the true and accurate information required by the Software’s electronic data entry system, at all stages of the process, and accepts that the provision of inaccurate and/or untrue and/or incomplete information is solely his responsibility and has no consequences for My Tips. Necessary condition for signing up is the acceptance of the current agreement by the User.

3.3. The User accepts that any data stored locally on hardware of My Tips or in remote servers in use by My Tips fully proves before any court or authority the activities, actions and declarations of the User and of any third party he represents, concerning the use of the Software and all other relevant circumstances.

3.4. The User is solely responsible for the e-mail address (e-mail) they provide, which is under his complete and exclusive control. My Tips is not responsible for any damage to the User from any third party access to his e-mail. In the event that the electronic address (e-mail), which was initially declared by the User, is compromised in any manner or the User wishes to change it, then the User must inform the technical support of My Tips, stating at the same time the new electronic address (e-mail). This update can be carried out either by the User’s application on the website, or through the Technical Support Department of My Tips (info@mytips.com.gr ). My Tips reserves the right to ask the User for further supporting documents to confirm that the User is the legal owner of the e-mail address declared by them or has the permission for its use by the legal owner thereof. In case the User refuses to send the required supporting documents, or My Tips finds that the User is not the legal owner of the e-mail address, My Tips reserves the right to delete the User from the Software without notice.

3.5. In case of interception of the password, the User must immediately notify in writing the Information Security Officer of My Tips following the specific instructions provided through the Software. The User must constantly implement the necessary safety procedures and measures and take any other necessary due diligence measures to ensure that their identification information is not compromised. Among other things, they must constantly apply and observe the following measures:

3.6. Users must only use their own username to access the systems, electronic communications networks and services of My Tips.

The Software is prohibited to be used by Users:

3.6.1. For the distribution, processing or storage of content with a racist, xenophobic, abusive, intolerant, offensive, religious or ethnic character, as well as for the distribution, processing or storage of pornographic material in the form of text or images or films, electronic games, or other any form of illegal in general, unacceptable and harmful content.

3.6.2. For the distribution of commercial or personal advertisements and the promotion of products other than those legally available to My Tips, without My Tips prior written permission.

3.6.3. To handle bulk electronic mail (SPAM). Anyone who receives such material should immediately inform the Security Officer of My Tips.

3.6.4. For acts or attempts of unauthorized access to data of other network Users.

3.6.5. For attempts / actions to exploit or correct security gaps of network resources, User computers, servers and applications of My Tips or another User.

3.6.6. In order for Users to mislead anyone as to the origin of the Software’s content or to damage in any way the reputation of My Tips or third parties.

3.6.7. In order for the Users to endanger the security of the My Tips network.

3.6.8. In order for Users to prevent anyone from accessing the Services or to assist them in bypassing their authentication.

3.6.9. In order for Users to promote and/or make available content that contains malicious software or computer programs designed to interfere with, destroy or limit the operation of any software or telecommunications equipment, or prevent other Users from using My Tips’s services.

3.6.10. For Users to disrupt the smooth operation of networks and, in general, to undermine and degrade the security level of My Tips Systems.

3.6.11. For Users to intentionally or unintentionally violate applicable laws or regulations.

3.7. In general, the use of the application, electronic platform and services of My Tips is not permitted to traffic material that in any way violates applicable laws and regulations.

3.8. Whenever the User becomes aware of improper or illegal behavior and use of the systems, networks, applications and services, or any system security gap, which endangers the privacy of communications, the User is obliged to immediately notify the Security Officer of My Tips. In case of violation of the above conditions, My Tips reserves the right to take legal measures, in particular the termination of access to its services.

4. Payment of services

4.1. All electronic payments of the Users are currently processed by the Stripe payments services as in-app purchases of digital goods.

4.2. The transaction is completely governed by the terms and conditions applicable under Stripe payments terms and conditions as well as the User’s selected Financial institution, electronic money institution or payment institution. The provider cooperating with Stripe payments has taken every possible measure to protect the transactions carried out by its software and in general the Stripe framework, as well as the automated electronic communications network involved in financial transactions and electronic payments.

4.3. All purchases are non-refundable. In any occasion that a refund is due, all relevant process shall be executed by Stripe terms and conditions.

4.4. Most services provided by My Tips is controlled for any unlawful activity (e.g. money laundering).

4.5. Monitoring and Enforcement. Usage of the My Tips Software will be monitored on a continuous basis to ensure compliance with this Policy. If your usage is suspect of illegal activity, we reserve the right to take appropriate actions in our discretion, which may include but are not limited to, throttling your usage, temporarily suspending your account, or even a permanent ban.

4.6. Notification of Excessive Use. In the event that your usage contains data or elements suggestive with illegal usage, you will be notified via email or within the app to help you address the issues identified.

4.7. Changes to the Fair Usage Policy. We reserve the right to modify this Policy at any time. Any changes to this Policy will be communicated to you via email or through a notification within the app.

5. Termination of the Provision of Services by My Tips

5.1 After any termination of membership of My Tips (e.g. withdrawal, exclusion or deletion), My Tips has the right to delete all the information and data concerning the User who ceased to belong to My Tips, as well as the login information of the former User.

5.2. My Tips may elect to keep the data and files of the former User.

5.3. All cancellations made by Users are effective starting the 1st of the month following the cancellation notice.

5.4. In case of extraordinary issues leading to the winding up of the legal personhood of My Tips will not affect the User’s obligation for purchases made and may not make My Tips liable for any non-performance of future services.

5.5. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

6. Communication

6.1. Any communication with My Tips may be made in the following ways:

– by email to the email address info@mytips.com.gr .

7. Confidentiality

7.1. Throughout the use and browsing of the Software, but also after its termination in any way, the User, the members of My Tips and the third natural persons Users of the Software must strictly ensure the confidential nature of any and all confidential information received or informed in the context of, or on the occasion of their relation with My Tips, as well as not  make any announcement or publication to third parties of any information that they attain with the use of the Software, as well as more generally data relating to trade secrets, know-how, financial and other activities or organization of the persons using the Software.

7.2. Confidential Information is defined as all confidential information, which concerns the technical, organizational and commercial operation of My Tips and the members of My Tips and the organizational structure of these natural and legal persons, including the information that constituted or constitutes professional secrets, know-how, commercial and industrial secrets of these persons (indicative of products, techniques, promotion strategies, invoices, etc.). Such information constitutes Confidential Information even if it is not expressly referred to as confidential.

8. Intellectual Property Rights

8.1. All intellectual or industrial property rights related to the Software, the application, the website, the database, the services provided and anything created by My Tips for the provision of Services and which generally concern the Services and its activity, belong exclusively to My Tips. It is prohibited to reproduce, copy, convert, adapt, arrange, distribute, announce, display, present, transfer, process, resale or create derivative work based on, or in relation to the content of the Software, as well as to mislead the public about the actual provider of the content available in the Software. Any reproduction, republishing, uploading, announcement, dissemination or transmission or any other use of the Content in any way or medium, for commercial or other purposes, is permitted only with the prior written permission of My Tips itself, or any other holder of the respective copyrights and industrial property rights.

8.2. Any and all intellectual or industrial property rights, brands, logos related to the members of My Tips and of the Users belong exclusively to them, as long as they are legal beneficiaries.

8.3. Users are expressly prohibited from (1) selling, transmitting, hosting, or otherwise commercially exploiting the Software, (2) copying or using the Software for any purposes other than personal, non-commercial use or (3) modifying, decrypting, reverse compiling, reverse engineering, or attempting to derive the source code of the Software, except to the extent expressly permitted by applicable law.

8.4. With the use of the Software the Users may create content, including but not limited to text and images. My Tips may not claim intellectual property on User created content. However, by using the Software, Users grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the content for the purposes of operating and improving the Software.

8.5. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any User created content; (2) to re-categorize any User created content to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any User created content at any time and for any reason, without notice. We have no obligation to monitor your User created content.

9. Security

9.1. My Tips recognizes the importance of the security of Personal Data, as well as the need for secure electronic interactions, and has undertaken all the necessary procedures to ensure the security of all data and interactions that occur with the use of the Software. Although My Tips makes every effort to protect the User from digital viruses and malicious content, it cannot guarantee that it will be able to completely safeguard the User. Therefore, each User must take care of his own protection (use of antivirus, virus scanner or other protection systems) before using the electronic platform or storing information, software or content thereof on his hardware.

9.2. We care about data privacy and security. Please review our Privacy Policy available for download in App.

10. Feedback

10.1. The Company welcomes and encourages feedback, comments, and suggestions regarding the Software. By providing feedback or suggestions, the User acknowledges and agrees that the Company may use such information without any obligation to provide compensation or credit to the User.

11. Dispute Resolution

11.1. These Terms are governed by Greek law.

11.2. Any dispute or conflict concerning, for example, the interpretation or application, execution, termination or termination of the Terms of Use and in general the use of the My Tips Software with any User of the Software, as long as it cannot be resolved out of court, or amicably, it will be subject exclusively to the competent Courts of Thessaloniki.

12. Force Majeure

12.1. My Tips is not responsible for a breach of these Terms due to force majeure, as well as for any delays or inability to comply with its obligations caused by circumstances beyond its control, such as indicative extreme weather events, earthquakes, floods, fires, emergency situations , disasters, strikes within the Greek Territory or outside, wars, acts of terrorism, suspension of business operations, pandemics, mechanical breakdowns and in general, any incident that does not allow the execution of the Services.

13. Final Terms

13.1. In case of initial or consequential invalidity of one of these provisions, the validity of the remaining terms and agreements is not affected.

13.2. In the event that any of the provisions hereof may be interpreted in more than one way, one of which may render the provision void, voidable or unenforceable, such provision shall be interpreted in the manner that renders it valid and enforceable.

13.3. Any omission or delay of My Tips to exercise its rights deriving from the Terms or to demand from the User full compliance with the Terms does not constitute a waiver of his respective claims.

13.4. According to the changes in the economic and business policy of My Tips, we may revise the provisions of this License agreement and Privacy Policy. In this case, the changes, modifications, additions or deletions to the Terms will take effect immediately from their notification, which can be given by any means including, but not limited to, the location of the updated document of the Terms on the website of My Tips. The revised version will be effective at the time of publication unless otherwise noted.