General Terms and Conditions
March 2025
1. Terms and Definitions
Service
A «tip» service via a mobile application through which customers within EU and EFTA states can send cashless tips to registered service staff.
User
The service has two types of users:
Example: You enter your data in a contact form or sign up for a newsletter.
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«Customer» (also «Payer») – A user of the service who can voluntarily send tips to service staff and leave reviews regarding the work of the service staff and the company.
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«Service Staff» (also «Payee») – A registered user of the service who can receive tips from customers into
their personal account.
Payment System
A partner of the service that enables cashless transfer of tips from customers to service staff. Payment services are provided by NaudaPay, Stripe, and PayPal.
Personal Data
All information about users obtained during the use of the service.
Cross-Border Transfer of Personal Data
The transfer of a user’s personal data to databases within EU and
EFTA states.
Confidential Information
Information provided by the user to the operator under this agreement, including but not limited to trade, contractual, and financial information, as well as all documents and/or other information created in written or other form. Information protected and not subject to disclosure under this agreement does
not include information that the user makes publicly available on the service’s resources, other websites, or services, or other information that cannot be considered confidential under this agreement or the laws of the
Federal Republic of Germany.
2. General Provisions
AgroAzot Kft. is the operator of «TAKK.digital».
These Terms and Conditions are agreed upon in two ways:
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By the customer through the use of the service.
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By the service staff through completion of the registration form.
Users of TAKK.digital agree to these terms and conditions prior to using the service; if the terms are rejected, use of the service is not possible. By using TAKK.digital, users also consent to the regulations regarding the processing of personal data.
Users also agree to the terms of the payment systems selected by the customer when using the service.
3. Use of the «TAKK.digital» Service
3.1.
The operator acts as an intermediary in conducting money transfers from customers to service staff via the payment system. The operator acts in its own name and at the expense of the payers or recipients of the money transfers.
3.2.
The service offers the customer the ability to:
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Transfer voluntary tips to the service staff cashlessly;
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Leave reviews regarding the work of the service staff or the company.
3.3.
Voluntary tips can be provided in the following ways, which may be adjusted by the operator at any time:
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Payment via the customer’s credit card through mobile payment systems (Apple Pay, Google Pay, Samsung Pay, Amazon Pay);
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Payment via other payment systems offered by payment service providers.
3.4.
The customer is solely responsible for correctly selecting the amount. Input errors are solely at the customer’s expense. Reclaiming the provided funds from the operator or service staff is excluded.
3.5.
To receive money from the customer, the service staff must create an account with “TAKK.digital”.
3.6.
The creation of a service staff account occurs in three steps:
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TAKK.digital sends a registration link to the company representative or service staff.
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The service staff enters their personal data into the registration form and submits it.
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TAKK.digital creates an account for the service staff with the payment service provider using this data.
3.7.
The service staff is responsible for the accuracy of the provided data. The payment service provider may request additional documents from the service staff to verify their identity and address. TAKK.digital is not responsible for any account restrictions imposed by a payment service provider on the service staff. The service staff is obligated to provide the payment service provider with the requested documents in the required form to ensure payouts to the service staff.
3.8.
The service staff guarantees that all provided information, including photos, does not infringe on the intellectual property rights of third parties.
3.9.
The operator is not responsible for the motive or purpose of the tip transfer from the customer to the service staff.
3.10.
The service staff is solely responsible for any applicable taxes and fees.
3.11.
The operator reserves the right to set and/or modify an individual limit for each customer regarding the transfer amount per day/month/other period at any time and to review the purpose of the transfer to protect the rights and interests of the customer and third parties.
3.12.
The operator receives a commission for transferring tips from the customer to the service staff. The operator’s commission per transaction consists of a base fee of EUR 0.29 and a variable commission between 0% (zero percent) and 6.5% (six point five percent), determined individually for each service staff member. For PayPal and Klarna, the base fee is EUR 0.39. As payment services are generally exempt from VAT, no VAT is charged.
3.13.
The operator reserves the right to withhold a commission from the service staff to offset transaction costs when transferring money from the service staff’s personal account in the payment system to their bank account if the transfer amount is less than EUR 30.00. The amount of such a commission can be set individually and will be displayed in the service staff’s account.
3.14.
The following activities are prohibited under these terms of use:
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Accepting money that arises as payment for a service relationship with the customer;
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Violations of applicable laws, particularly money laundering laws, as well as laws protecting third-party rights, especially copyrights, personality rights, patent and trademark rights, and other rights; violations of applicable criminal laws and youth protection regulations;
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Hacking attempts, i.e., attempts to bypass, circumvent, or otherwise disable security mechanisms, the use and/or distribution of viruses, worms, trojans, brute-force/DDoS attacks;
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Copying, modifying, or reproducing the content of other service staff or creating fake accounts using third-party data;
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Using scripts, bots, or other software that may affect or disrupt the system integrity and functionality of the platform;
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Altering, deleting, or blocking content generated by TAKK.digital.
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TAKK.digital reserves the right to prohibit, cancel, remove, or reassign certain usernames under appropriate circumstances determined at TAKK.digital’s sole discretion.
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TAKK.digital may suspend, terminate, or delete a TAKK.digital account with or without prior notice at TAKK.digital’s sole discretion, particularly if activities on or with the TAKK.digital account raise suspicion of a breach of these terms of use, a violation of third-party rights, or applicable laws or regulations.
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The service staff may terminate their TAKK.digital account at any time within the platform. Any unpaid funds will be paid out via the external payment service provider in accordance with the registration
process.
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Claims by the service staff against the operator for payout of any claims expire within one year of receipt of the payment from the customer.
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TAKK.digital offers functionality to distribute tips among service staff according to a pre-established scheme. If the service staff of a company chooses to use this service, they must inform TAKK.digital in advance and provide details of the scheme for distributing tips. The scheme must be fair to all service staff and legally permissible.
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Service staff are obligated and responsible for reviewing, accepting, or rejecting the tip distribution scheme. Service staff who reject a tip distribution scheme are excluded from such distribution and may not receive any tips via TAKK.digital’s services.
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Where applicable, TAKK.digital provides customer support for tip-related issues. Customers with problems, questions, or suggestions regarding the TAKK.digital platform or a payment should contact TAKK.digital’s customer support team via chat (preferably), email, or phone using the contact details
provided on the TAKK.digital platform.
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If a company decides that tips from TAKK.digital should not be paid directly to the service staff but distributed among employees according to a specific key by the company, all tips will be paid out to an account designated by the company. The company is solely responsible for the distribution and any taxation of the tips.
4. Rights and Obligations of the User and Operator
4.1.
The User has the right to:
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Use the functions of the service within their user group;
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Transmit confidential information to the operator as necessary for using the service;
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Refuse receipt of information by emailing the operator at support@TAKK.digital;
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Refuse access to personal data, in whole or in part, by emailing the operator at support@TAKK.digital;
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Contact the operator with questions, claims, or suggestions via email at support@TAKK.digital.
4.2.
The User undertakes to:
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Provide accurate and complete information when using the service, with the operator not obliged to verify the accuracy of the information;
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Notify the operator of changes to their personal data;
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Not use the data of other persons, with such use potentially leading to exclusion;
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Not share access credentials with third parties;
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Independently handle any taxation of inflows related to the service.
4.3.
The Operator has the right to:
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Amend the terms of the user agreement and the personal data processing policy or terminate the agreements;
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Refuse use of the service to the user at any time, which may occur by not transferring funds, blocking registration or login, or deleting the user account. The operator is not obliged to inform the user of the reasons for denying use of the service;
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Involve third parties to achieve the objectives of using the service, subject to confidentiality terms and other conditions set out in this user agreement;
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Accept or reject any payment offered by the customer via TAKK.digital;
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Impose restrictions on the frequency of use of TAKK.digital per day/week/month.
4.4.
The Operator undertakes to:
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Ensure the security and confidentiality of the user’s confidential information provided under this agreement. The operator will not disclose confidential information to third parties without the user’s express consent, except where legally required or with the user’s consent;
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While the operator strives to ensure the TAKK.digital platform is available twenty-four (24) hours a day, it assumes no obligation to do so, and no member of the TAKK.digital group is liable to a user if the TAKK.digital platform is unavailable at any time or for any period.
5. Final Provisions
5.1.
The operator is not responsible for services provided by third parties, including their partners.
5.2.
The operator is not responsible for delays in money transfers if these result from incorrect recipient data or are attributable to the recipient.
5.3.
The operator has the right to amend this user agreement by publishing a new version of the user agreement on the website and in the service application. Changes made by the operator to the user agreement take effect after one (1) business day from the date of publication of the new version of the user agreement. If a user does not agree with a change, they notify the operator, after which the usage relationship ends.
5.4.
The current user agreement applies to the customer and may be amended by the operator at any time. The customer can view the current user agreement when using the service.
5.5.
Service staff can access the current version of the user agreement via their account.
5.6.
TAKK.digital is liable under statutory provisions only for intent and gross negligence by TAKK.digital, its legal representatives, senior executives, or other agents. The same applies to the assumption of guarantees or other no-fault liability, as well as claims under the Product Liability Act or for culpable injury to life, body, or health. Where TAKK.digital’s liability is excluded or limited, this also applies to the personal liability of its legal representatives, senior executives, and ordinary agents. Where the above
limitations do not exclude liability, TAKK.digital’s liability for slight negligence is limited to foreseeable damage typical of the contract, and TAKK.digital’s total liability in connection with or under these terms
of use, including in connection with their use or inability to use the TAKK.digital services, platform, or content, and any other material accessible via the TAKK.digital platform, shall in no case exceed EUR
100.00 (one hundred euros). In the case of multiple claims, the total liability for all claims combined is EUR 100.
5.7.
This agreement is subject to the laws of the Republic of Hungary. The place of jurisdiction, where permissible, is Budapest.
5.8.
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remainder of the contract remains unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable
provision that most closely approximates the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The foregoing provisions apply accordingly in the event that the contract proves to be incomplete.