tipcall.io Terms and Conditions
Last updated October 13, 2023
TABLE OF CONTENTS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Tipcall SIA ("Company", "we", "us", or "our"), concerning your access to and use of the tipcall.io web platform as well as any other media form, or media channel linked, or otherwise connected thereto (collectively, the "Platform").
We are registered in Latvia and have our registered office at Satekles street 2C, Riga LV-1050. You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Platform and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions from time to time. Please ensure that you check the applicable terms every time you use our Platform so that you understand which terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Platform after the date such revised Terms and Conditions are posted.
The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Platform is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Platform.
The Platform serves as a tool for professionals, such as consultants, teachers, coaches, psychologists, and lawyers, to efficiently manage scheduling and payments for their online services, as well as to conduct online calls. The Platform serves a specific purpose, and it is essential to understand its functionality within the framework of these Terms and Conditions:
- Call Booking: The Platform's function is to facilitate the booking of online calls between clients and service providers, referred to as "Hosts." It streamlines the process of scheduling calls.
- Online Meetings (Online Calls): The Platform offers the capability to arrange and conduct online meetings, allowing clients and Hosts to connect virtually. This feature is designed to accommodate interactions that do not require physical presence.
- Payment Facilitation: Besides scheduling, the Platform assists in the payment process. It enables clients to make payments for the services they receive from Hosts through a secure transaction system (Stripe).
User roles: There are two main roles:
- Hosts
- clients.
Hosts on Platform must be legal entities (registered individuals or companies). A Host must be at least 18 years of age to provide online services through online video calls. Clients, on the other hand, can be either individuals or legal entities, including companies.
No Client Registration: Unlike some platforms that mandate client registration, the Platform operates on a client-friendly basis. Clients do not need to register or create accounts to access its features and services.
Data Verification: When clients use the Platform to book appointments, they are required to provide necessary data to confirm their reservations. This data includes legal and/or personal information and contact details, ensuring the accuracy and authenticity of bookings. Clients receive direct links from Hosts to book appointments, and the data they provide helps validate and secure their bookings.
Call Booking Information: Hosts on Platform have unique public profile links, and each offer also has its own link. Hosts are responsible for sharing these links with clients through various means, such as social networks, private conversations, QR codes, or during events. These links are accessible without the need for user registration or login.
When a client opens the link to a host's public profile, they can view the offers, each displaying its title, price, duration, and description. Clients can then select an offer, choose an available date and time from the calendar, provide basic information about themselves, and proceed to Stripe for payment. Upon successful payment, the booking is confirmed, and both the Host and client receive confirmation emails containing call details and links to join, reschedule, or cancel the call. Clients also receive Stripe receipts as payment confirmation, with calendar invites attached to emails for easy addition to personal calendars.
Furthermore, both the Host and client receive reminder emails 24 hours and 1 hour before the scheduled call.
Call Rescheduling and Canceling: Hosts have the flexibility to reschedule or cancel calls at any time before the scheduled start time, either by using the links provided in emails or by visiting the 'Calls' page on tipcall.io.
Clients, on the other hand, can reschedule or cancel calls up to 12 hours before the scheduled start time using the links available in the booking confirmation email.
In the event that a call has already commenced, Hosts have the option to cancel it. If a host decides to cancel the call and it has been connected for less than the minimum required call time*, the payment for the call is refunded to the client.
*Minimum call time refers to the specified minimum duration for which a call must be connected to qualify for payment.
Calling Process: When the scheduled call time arrives, both the Host and client can initiate the call by using the 'Join call' link provided in the booking confirmation email. Hosts can also access upcoming and ongoing calls through the tipcall.io Dashboard and Calls pages and join from there.
Participants have the option to join the call up to 5 minutes before the scheduled start time. The call timer is not activated until the planned call time.
If a client opens the 'Join call' link earlier than 5 minutes before the call, they are directed to a waiting page that displays the remaining time until the call begins. Once the scheduled time arrives, the waiting screen is automatically updated, and the 'Join call' button is presented.
Upon the commencement of the call, both parties must grant the Platform access to their camera and microphone. While users can decline camera access, allowing microphone access is mandatory.
During the call, participants have several options, including muting/unmuting the microphone, enabling/disabling the camera, screen sharing, accessing the chat feature, leaving the call, and scheduling the next meeting. Hosts also have the capability to extend the call by 10 minutes, with the call timer automatically adjusted accordingly. This extension is provided at no extra cost. Chat history and any files sent are not retained after the call.
If the host disconnects during the call, they have the choice to either reconnect or cancel the call.
Once the scheduled call end time is reached, the call concludes automatically, and if both parties were actively engaged for most of the call duration, the call is considered successfully completed.
Nature of Performance: The performance of services by the Host is inherently personal and individual. This means that the services offered are uniquely tailored to meet each client's specific needs and expectations. The Host's expertise and skills, which are typically the basis for their selection by clients, are integral to the quality of service provided. Direct interaction between the Host and the client is fundamental to this performance, enabling effective communication and the delivery of personalized guidance, advice, or solutions. Importantly, it is not permissible for the Host to delegate or send someone else in their place to provide these personalized services, as the nature of performance is inherently tied to their individual expertise and capabilities.
Responsibility of Hosts: It's crucial to clarify that the Hosts engaged through our Platform are independent service providers and not our employees. As such, we do not assume responsibility for their qualifications, safety, or the quality of their work. These aspects are the sole responsibility of the Hosts themselves. This distinction underscores that the Hosts operate independently, and clients should evaluate their qualifications and consider safety and quality factors when engaging their services. We act solely as a platform to facilitate connections and bookings and do not have direct oversight or control over the Hosts' qualifications or work.
Responsibility for Service Descriptions: We want to make it clear that the service (“Offer”) descriptions provided by Hosts on our Platform are their sole responsibility. We do not assume any responsibility for these descriptions' accuracy, completeness, or reliability. Hosts are responsible for accurately representing their services, including their features, specifications, and other relevant details. We serve as a platform for facilitating connections but do not independently verify or endorse the service descriptions provided by Hosts.
Prohibited Services: Hosts using our Platform are strictly prohibited from offer services that are illegal, unethical, or otherwise prohibited under our Terms and Conditions. This includes but is not limited to services of a sexual nature and any other activities that violate our Terms and Conditions, local laws, or ethical standards. We have a zero-tolerance policy for such prohibited services, and Hosts are expected to adhere to these terms. Clients can report any violations, and appropriate action will be taken against Hosts found to be offer prohibited services. Our platform is intended for legitimate and lawful activities, and any violations of these terms will not be tolerated.
Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics on the Platform (collectively, the "Content ") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and other intellectual property rights. The Content and the Marks are provided on the Platform "AS IS " for your information and personal use only.
Except as expressly provided in these Terms and Conditions, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks.
4. USER REPRESENTATIONS
By using the Platform, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete (if applicable); (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity, and you agree to comply with these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Platform for any illegal or unauthorized purpose; and (7) your use of the Platform will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Platform (or any portion thereof).
If you are a Host (user who provides services via the Platform), you must register with the Platform. You agree to keep your password confidential and will be responsible for all your account and password use. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Onboarding and Operational Procedures: Hosts on the Platform can register using Google or email with email verification. They then customize their unique public profiles. Hosts can create offers, which encompass various online activities like consultations and training, specifying titles, prices, and durations. Each offer receives a unique link and can be published or unpublished. Published Hidden offers, although not displayed on the public profile, can still be accessed via their links. Additionally, free offers are available, but they remain hidden from the public profile. Hosts manage their availability through weekly recurring time slots and can make individual day overrides. The final step entails entering legal information (legal name, registration number, country, optional Value Added Tax (VAT) details) and configuring payment via Stripe, followed by data verification and Dashboard access.
We use Stripe (Stripe, Inc.) for payment processing. Stripe accepts the following forms of payment:
- Cards: Visa, Mastercard, American Express, Discover, Diners Club, and China UnionPay payments from customers worldwide. More information: https://stripe.com/docs/payments/cards/supported-card-brands. By making payments using Stripe, the party must comply with Stripe Terms & Conditions.
Payments placed by Clients are held by the payment processor for 7 days. This delay is set by the payment processor (Stripe) and is necessary for risk mitigation. After the hold period payment is available for withdrawal by the Host. It usually takes up to 7 days for funds to arrive in Host's bank account.
As a Host, you have to pay a commission of 7% for each completed call with the client. The commission includes 2% payment processor fees, 5% tipcall.io service fees. Commission is withheld from the amount excluding VAT.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Platform. VAT will be added to the purchase price as we deem required. We may change prices at any time. All payments shall be in Euros.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Platform.
The Host is entirely and independently responsible for making tax payments.
The Platform facilitates the automatic creation of invoices and tax calculations. Upon the successful completion of a call, an invoice is generated on behalf of the Host and sent to both the Host and the client. The Platform automates the inclusion of VAT in the total price, following the rules outlined below:
- When the Host is a legal entity and a VAT payer, and the client is an individual, VAT is applied.
- If the Host is a legal entity and a VAT payer, and the client is a legal entity without a VAT number, VAT is applied.
- In cases where the host is a legal entity and a VAT payer, and the client is a legal entity that is also a VAT payer in the same country, VAT is applied.
- When the Host is a legal entity and a VAT payer, and the client is a legal entity that is a VAT payer in a different country, no VAT is applied.
- If the Host is a legal entity but not a VAT payer, and the client is a legal entity with any VAT status in any country, no VAT is applied.
Additionally, alongside the invoice for the online call, another invoice is generated for the tipcall.io commission, which is then sent to the Host.
Refunds: Refunds on the platform are processed automatically. Clients are eligible for refunds in several situations:
- Clients can receive a refund by canceling a call at least 12 hours before its scheduled start time using the "Cancel" link in the booking confirmation email.
- Refunds are initiated if the Host cancels the call at any time before it begins.
- If the call starts but the Host fails to join during the designated "wait" time (which can vary from 5 to 15 minutes, depending on the planned call duration), clients are eligible for refunds.
- In cases where the Host cancels the call after it has been connected for less than the minimum required time, the payment for the call is refunded to the client.
Refunds are processed through Stripe and are typically credited to the client's bank account within up to 7 calendar days.
You can request your account deletion anytime by contacting us using the contact information below.
If you are unsatisfied with our services, please e-mail us at info@tipcall.io or call us at +371 67 288 887.
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.
As a user of the Platform, you agree not to:
- Systematically retrieve data or other Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
- Use any information obtained from the Platform to harass, abuse, or harm another person.
- Misuse our support services or submit false reports of abuse or misconduct.
- Use the Platform in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Platform.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
- Engage in any automated system use, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs "), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware " or "passive collection mechanisms " or "pcms ").
- Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
- Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
- Copy or adapt the Platform's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
- Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Platform to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other Platform users and through third-party websites. As such, any Contributions you transmit may be treated following the Platform Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other users of the Platform to use your Contributions in any manner contemplated by the Platform and these Terms and Conditions.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate any third party's privacy or publicity rights.
- Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate or link to material that violates any provision of these Terms and Conditions or any applicable law or regulation.
Any use of the Platform in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Platform.
You and the Platform agree that we may access, store, process, and use any information and personal data you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Platform, you agree that we can use and share such feedback for any purpose without compensation.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform. You are solely responsible for your Contributions to the Platform, and you expressly agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") you provided are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You with this waive all moral rights to any such Submissions and warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Platform may contain links to other websites ("Third-Party Websites") and third-party content ("Third-Party Content"). We do not investigate, monitor, or vouch for these Third-Party Websites and Content's accuracy, appropriateness, or completeness. Our inclusion of these links and content does not imply our approval. If you choose to access them, you do so at your own risk, and our Terms and Conditions no longer apply. Review the terms, privacy practices, and policies of these external websites. Any purchases made through Third-Party Websites are solely your responsibility, and we are not liable for them. We do not endorse products or services on Third-Party Websites and are not responsible for any harm or losses resulting from Third-Party Content or interactions with Third-Party Websites.
13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://tipcall.io/privacy-policy. By using the Platform, you agree to be bound by our Privacy Policy incorporated into these Terms and Conditions.
The Platform is hosted in the EU. If you access it from a region with different data laws, you agree to transfer and process your data in the EU.
We reserve the right, but not the obligation, to monitor the Platform for violations of these Terms and Conditions and take legal action as needed. We may refuse, restrict, or disable your Contributions, remove excessive or burdensome files, and manage the Platform to protect our rights. These Terms remain in effect while you use the Platform, and we may deny access to anyone for any reason, terminate accounts, and take legal action if necessary. If your account is terminated, you cannot create a new one, and we may pursue legal action.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the Platform's contents at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without your notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection in addition to that.
The Republic of Latvia's regulations apply to the terms of use. If it is impossible to resolve the dispute through negotiation or out-of-court procedures, then the disputes must be resolved in the courts of the Republic of Latvia.
If you are an EU consumer and your habitual residence is within the EU, you additionally benefit from the protection provided by mandatory provisions of your country's residence law, which may include consumer protection regulations. These protections ensure that your rights as a consumer are upheld following EU and national legislation, including access to the EU-wide Online Dispute Resolution (ODR) platform for resolving disputes with online service providers. You can access the EU ODR platform for dispute resolution through the following link: EU Online Dispute Resolution (ODR) platform.
More information on the outside court dispute resolution in the jurisdiction of Latvia: https://www.ptac.gov.lv/lv/content/pateretaju-stridu-risinasanas-komisija-0.
17. DISCLAIMER
The Platform is provided as-is and as-available, and your use of it and our services is at your own risk. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We make no warranties about content accuracy or linked websites. We're not liable for (1) content errors, (2) personal injury or property damage, (3) unauthorized access, (4) interruptions, (5) viruses, or (6) content errors. We don't endorse third-party products or services and are not responsible for transactions. Exercise caution when making purchases or using services.
We and our representatives shall not be liable to you or any third party for any direct, indirect, or consequential damages, including financial loss, data loss, or other harm arising from your use of the Platform, even if we were aware of the potential for such damages.
19. INDEMNIFICATIONYou agree to defend, indemnify, and hold us and our affiliates, officers, agents, partners, and employees harmless from any claims, losses, damages, liabilities, expenses, including attorneys' fees, arising from (1) your use of the Platform, (2) breach of these Terms and Conditions, (3) violation of your representations and warranties, (4) infringement of third-party rights, including intellectual property, or (5) any harmful actions towards other Platform users. We reserve the right, at your expense, to assume control of the defense for which you must indemnify us, and you agree to cooperate with our defense efforts. We will make reasonable efforts to notify you of such claims when we become aware.
We will maintain certain data that you transmit to the Platform to manage the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data you transmit or related to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you at this moment waive any right of action against us arising from any such loss or corruption of such data.
Your use of the Platform, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that electronic agreements, notices, disclosures, and other communications via email and the Platform meet legal writing requirements. You also agree to the use of electronic signatures, contracts, orders, and records, and electronic delivery of notices and transaction records.
22. MISCELLANEOUS
These Terms and Conditions, along with any posted policies or rules on the Platform, constitute the entire agreement between you and us. Our failure to enforce any provision doesn't waive our rights. These terms operate to the fullest extent permitted by law, and we can assign our rights. We're not liable for events beyond our control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Platform.
In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us at:
Tipcall SIA
Satekles street 2C Riga LV-1050, Latvia
Phone: +371 67 288 887
E-mail: info@tipcall.io