Module Terms Tipping

MODULE TERMS TIPPING

Thank You Vibes Platform – Tipping Module

TY APP TECHNOLOGIES LIMITED, registration number HE 484442 (the "Provider").

1. Scope

1.1 These Module Terms govern the use of the Tipping Module of the Thank You Vibes Platform.

1.2 They supplement the Master Platform Terms 112 (the "Master Terms"). Terms defined in the Master Terms have the same meaning in these Module Terms. In the event of a conflict, these Module Terms prevail over the Master Terms.

1.3 The Customer orders the Tipping Module either by means of the Order Form Tipping 121 or online in the Dashboard in accordance with clause 4 of the Master Terms.

1.4 In these Module Terms:

• a) "Worker" means a staff member or other person working for the Customer to whom tips are allocated through the Tipping Module;
• b) "Guest" means a person who gives a tip through the Tipping Module;
• c) "Payment Service Provider" means Stripe Payments Europe, Limited, Ireland, or another payment service provider engaged by the Provider in accordance with clause 5.1;
• d) "Connected Account" means the account held in the Customer's name with the Payment Service Provider to which tips are credited;
• e) "Platform Usage Fee" means the fee for the use of the Tipping Module under clause 9.

2. Description of the Tipping Module

2.1 The Tipping Module enables Guests to give voluntary tips and feedback to the Customer's Workers by scanning a QR code, without downloading an app. It comprises in particular:

• a) QR codes for individual Workers, teams, tip pools, rooms, floors, areas or locations, with configurable allocation;
• b) the Dashboard for creating and managing places, units, Workers, groups and tip pools, for configuring distribution logics and payout frequency, for managing roles and permissions and for managing QR codes;
• c) the Worker app, in which Workers view their allocated tips and transaction history;
• d) payment processing through the Payment Service Provider;
• e) reporting and export functions, including reports per QR code, Worker and tip pool and the allocation of refunds and chargebacks;
• f) a feedback function with which Guests can rate the service after giving a tip;
• g) country-specific tax reporting and withholding options, which are extended gradually.

2.2 QR codes are provided digitally. The production of physical QR materials is not part of the Tipping Module.

2.3 The Dashboard is subject to strict tenant and place separation. Each administrator has access only to the data within its scope of authorisation.

3. Workers

3.1 The Customer sets up and manages its Workers exclusively through the Dashboard. Workers cannot register on their own. The Customer is solely responsible for the accuracy and completeness of the Worker data, for verifying the identity of its Workers and for the bank details it stores for them.

3.2 Before a Worker is activated for the receipt of tips, the Worker must confirm electronically, in the Worker app or through a personalised e-mail link, the wording set out in the Worker Notice 123. The Provider logs each confirmation with version, time and language and makes the record available to the Customer on request. Without a documented confirmation, no activation and no allocation of tips takes place.

3.3 The Worker's confirmation does not create a contractual relationship between the Worker and the Provider. In particular, no agreement on the Platform Usage Fee or on the use of the Platform is concluded with the Worker.

3.4 The amounts shown in the Worker app are provisional values. They do not constitute a payment commitment by the Provider. What a Worker actually receives depends on the internal distribution and payout by the Customer.

4. Obligations of the Customer

4.1 In addition to clause 7 of the Master Terms, the Customer shall:

• a) set up its places, units, Workers, tip pools and QR code allocations correctly and completely and update changes, in particular the departure of Workers, without undue delay;
• b) inform its Workers in writing of how the Tipping Module works and of their own tax and social security obligations;
• c) ensure that all information displayed to Guests is correct, not misleading and lawful;
• d) use the Tipping Module only for voluntary tips and not for hidden price components or mandatory charges;
• e) configure tax reporting and any withholding correctly and in accordance with the law applicable at its places of business;
• f) ensure that each Worker participates voluntarily and that non-participation does not lead to any disadvantage for the Worker;
• g) comply with all labour, collective and works-council law applicable to the use of the Tipping Module and obtain any required consents.

4.2 The Provider recommends that the Customer document its agreement with each Worker on the use of the Tipping Module and on the deduction of the Platform Usage Fee as a written supplement to the employment or service contract.

5. Payment Processing

5.1 The Provider enables the processing of tips through the Payment Service Provider. The Provider may determine and change the Payment Service Provider at its reasonable discretion.

5.2 The Customer concludes the Connected Account agreement directly with the Payment Service Provider and cooperates in its identity verification (KYB). The payment functions are activated only after the Payment Service Provider has approved the Customer.

5.3 The tips are credited to the Customer's Connected Account and held there by the Payment Service Provider until they are paid out to the Customer's bank account. The Provider is not a payment service provider and does not at any time come into possession of the tips.

5.4 Payouts to the Customer are made monthly. Different payout arrangements require a separate agreement. Instant payouts are available where the Payment Service Provider offers them.

5.5 Accepted payment methods currently include Apple Pay, Google Pay and card payments, subject to regional availability.

5.6 Where the Payment Service Provider requests information or documents about the Customer or its Workers in the course of KYC and anti-money-laundering checks, the Customer shall provide them in full and correctly on first request.

6. Distribution of Tips

6.1 The Customer configures the distribution logic (allocation to individual Workers, tip pools, period-based distribution) in the Dashboard. The Customer alone is responsible for ensuring that this configuration complies with labour and tax law.

6.2 The tips belong exclusively to the Workers or to the configured tip pool within the Customer's employment-law and civil-law claim chain. The Customer holds the tips credited to its Connected Account as trustee for the Workers and distributes them in accordance with the applicable law.

7. Tax Responsibility

7.1 The Customer is responsible for the tax and social security treatment of the tips processed through the Tipping Module. The Workers are responsible for declaring the income attributable to them.

7.2 The Provider does not provide tax, social security or payroll advice. It is not an employer, payroll provider or tax representative of the Customer or of the Workers. Reports and configuration options in the Dashboard do not constitute tax advice.

7.3 Austria. For places of business in Austria, the Customer is responsible for meeting the conditions for the tax exemption of tips under section 3(1)(16a) of the Austrian Income Tax Act 1988, in particular: the full passing on of tips to the Workers or the tip pool without retention for the Customer's own purposes; the voluntariness of tips and the absence of any guaranteed tip level; and a distribution key for tip pools defined in advance in the Dashboard.

7.4 Country-specific provisions for further countries will be added as the business expands. Comparable requirements under other national laws remain the Customer's responsibility.

8. Feedback Function

8.1 Guest feedback is processed on behalf of the Customer under the Data Processing Agreement 114.

8.2 The Customer is responsible for integrating the feedback function lawfully into its operations, in particular for informing Guests transparently.

9. Platform Usage Fee

9.1 For each tip transaction processed through the Tipping Module, the Customer pays the Provider a Platform Usage Fee. The Platform Usage Fee is withheld from the gross amount of each tip upon receipt and credited directly to the Provider. The remaining net amount is credited to the Customer's Connected Account.

9.2 The Platform Usage Fee follows from the Order Form Tipping 121. Where the Customer orders online without an Order Form, the Platform Usage Fee is ten per cent (10 %) of the gross amount of each tip, subject to a minimum of EUR 0.55 per transaction, or the fee shown in the Dashboard at the time of the Order.

9.3 For tips paid with cards that the Payment Service Provider classifies as international cards (issued outside the European Economic Area), the Platform Usage Fee increases by one (1) percentage point and the minimum amount increases to EUR 0.60 per transaction.

9.4 Standard payouts are covered by the Platform Usage Fee. For each instant payout, the Provider charges a handling fee of one and a half per cent (1.5 %) of the payout amount.

9.5 Where the Payment Service Provider charges higher fees for premium or commercial cards or for payouts to bank accounts outside the European Economic Area, the Provider may pass these additional fees on to the Customer at cost.

9.6 The Provider invoices the Platform Usage Fees and other charges monthly for each calendar month after the end of that month. Invoices are available in the Dashboard and, on request, are sent by e-mail.

9.7 Clause 8 of the Master Terms applies to payment, default and set-off. Clause 8.5 of the Master Terms (adjustment of Fees) applies with a notice period of three (3) months.

10. Refunds and Chargebacks

10.1 Refunds, chargebacks and similar payment charges that the Payment Service Provider imposes on the Provider as platform and that are attributable to the Customer's sphere may be passed on to the Customer.

10.2 In the event of a chargeback, the reversed gross amount, plus any chargeback fees of the Payment Service Provider, is reversed from the Customer's Connected Account or invoiced to the Customer. If the balance is insufficient, the Customer shall pay the difference.

10.3 The Provider allocates each chargeback in the reports to the affected Worker or tip pool.

11. Liability and Indemnity

11.1 In addition to clause 15 of the Master Terms, the Provider is not liable for:

• a) lost tip volumes;
• b) tax back-payments, surcharges, interest or other sanctions resulting from incorrect or omitted tax or social security declarations or configurations by the Customer or its Workers;
• c) the internal distribution of tips between the Customer and its Workers.

11.2 The Customer shall indemnify the Provider against all claims of Workers that fall within the Customer's responsibility under labour, service or contract law, in particular claims concerning the amount or distribution of the Platform Usage Fee, payouts, or breaches of the Customer's data protection obligations towards Workers, including reasonable legal defence costs.

12. Term and Termination

12.1 Unless the Order Form provides otherwise, the Tipping Module is concluded for an indefinite period. Either party may terminate it with three (3) months' notice to the end of a calendar month.

12.2 Upon termination, the Provider issues invoices for transactions processed up to the termination date. Clauses 19 to 21 of the Master Terms apply in addition.

13. Data Protection

13.1 The Provider processes Worker data, transaction data and Guest feedback on behalf of the Customer under the Data Processing Agreement 114.

13.2 The Customer shall inform its Workers and Guests of the processing. The Worker Notice 123 and the Guest Notice 124 support the Customer in doing so.