Правила и условия

1. General Provisions

The Tuker application (the «Service») is a tipping solution operated by Tuker Technology OÜ (reg no. 14990905) (Tuker).

As users of our services, both Payers and Service Workers/Charitable Organizations must agree to these terms before accessing our offerings. If these terms are not acceptable to either party, the service cannot be utilized.

By engaging with Tuker Technology OÜ, Users consent to our personal data processing protocols as outlined below.

Included in this Agreement as additional references are:

1. Our Privacy Policy, which clarifies how we handle any personal data collected from you or provided by you. Your use of our Services signifies your agreement to this processing, and you affirm the accuracy of your data.

2. Our Cookie Policy, which provides details on the cookies employed by our website.

3. Our Frequently Asked Questions (FAQ) section, which addresses typical inquiries from our users.

We will publish any updates or modifications to these terms on our Website periodically.

Engaging with our Website or Services—including downloading our App, using our API, connecting via social media platforms, or any other endorsed third parties—constitutes your acknowledgment and acceptance of this Agreement (including updates to the User guidelines and aforementioned documents). Should you find these terms disagreeable, we advise against using our Services.

This Agreement is activated under any of the following conditions:

1. When Tuker Technology OÜ registers a Service Worker/Charitable Organization as a user;

2. When a Payer initiates service usage;

3. Upon a Service Worker/Charitable Organization’s registration within the Tuker Technology OÜ system.

4. Additionally, by using our Services, Payers agree to adhere to the terms set forth by associated payment systems.

2. Terms and Definitions

1. Service refers to the facility to transfer tips or charitable donations via a mobile application, which allows Payers to make non-cash tips or donations to registered Service Workers/Charitable Organizations.

2. User denotes any individual utilizing the Service. Users are categorized as follows:

2.1. Payer — An individual using the Service to voluntarily transfer tips to Service Workers.

2.2. Service Worker/Charitable Organization — A user registered with the Tuker Service authorized to receive tips or charitable donations directly into their accounts.

3. Payment systems – Systems partnered with Tuker, responsible for enabling the electronic transfers of tips and charitable donations from Payers to Service Workers/Charitable Organizations. Payment facilitation is handled by Stripe Payments Europe, Limited (registration number IE513174) and Montonio Finance UAB (registration number 305205122).

4. Personal data encompasses all data collected about Users through their interaction with Tuker.

5. Cross-border transfer of personal data entails the relocation of User’s personal data to data storage facilities abroad.

6. Confidential information includes all data disclosed by Users to Tuker under this Agreement, covering commercial, contractual, and financial details, alongside documents and/or other materials prepared in any format. Confidential information as defined does not include data willingly shared by the User on Tuker platforms or other websites and services, nor does it encompass data that cannot be classified as confidential under the laws of the Republic of Estonia or this Agreement.

3. Use of the Tuker Service

1. Tuker serves as a facilitator in the transfer of funds from Payers to Service Workers/Charitable Organizations, depositing these funds into the Tuker account with options for subsequent transfer to a personal bank account. Tuker operates autonomously and manages transactions on behalf of both fund senders and recipients.

2. Tuker provides Payers the flexibility to voluntarily contribute tips or charitable donations to service workers and organizations without the need for cash transactions.

3. Voluntary contributions can be made through several methods, subject to change by Tuker, including:

3.1. Payments via clients’ credit cards through mobile payment solutions such as Apple Pay, Google Pay.

3.2. Transactions through various other payment systems enabled by our financial service partners.

4. Payers are solely responsible for ensuring the correctness of their transaction amounts. Errors in amount entry are the responsibility of the Payer. Recourse for recovery of funds mistakenly sent through Tuker or to the Service Worker/Charitable Organization is not permitted.

5. For Service Workers/Charitable Organizations to receive funds, they must establish an account with Tuker.

6. Such an account is set up by registering the Service Worker/Charitable Organization within the Tuker system.

7. Service Workers/Charitable Organizations are accountable for the accuracy of their submitted data. Tuker reserves the right to request additional documentation to confirm the identity and address of the Service Worker/Charitable Organization. Tuker is not liable for any restrictions placed on the accounts of Service Workers/Charitable Organizations. It is incumbent upon the Service Worker/Charitable Organization to supply Tuker with the requested documents in the specified format to facilitate payments.

8. Service Workers/Charitable Organizations assure that all submitted information, including photographs, does not violate any third-party intellectual rights and adheres to accepted moral standards.

9. Tuker bears no responsibility for the motivations or objectives behind the transfer of funds from Payers to Service Workers/Charitable Organizations.

10. Service Workers/Charitable Organizations are solely responsible for the payment of any applicable taxes and fees.

11. Tuker maintains the authority to establish and modify individual transfer limits for each Payer for a given day, month, or other specified periods, as well as to scrutinize the intents and purposes of transfers to safeguard the interests of Service. Workers/Charitable Organizations and third parties.

12. The following activities are prohibited under these Terms:

12.1. Receiving funds as compensation for services rendered to a Payer or for goods sold.

12.2. Engaging in hacking attempts, such as overcoming, bypassing, or neutralizing security measures, or the use and distribution of harmful software like viruses, worms, and trojans; executing brute force or DDoS attacks.

12.3. Copying, altering, or duplicating content from another Service Worker/Charitable Organization or creating fraudulent accounts using third-party information.

12.4. Using scripts, bots, or other software that could compromise the system integrity or functionality of Tuker.

12.5. Tuker reserves the right to prohibit, cancel, or reassign certain usernames and introductory texts under specific conditions, at its discretion.

12.6. Tuker may suspend, terminate, and delete the account of a Service Worker/Charitable Organization at its discretion, especially if the activities associated with the account suggest potential violations of these Terms or infringe on the rights of third parties or applicable laws.

12.7. The timeframe for Service Workers/Charitable Organizations to claim any payments from Tuker expires one year following the date of receipt.

12.8. If needed, Tuker provides assistance to Service Workers/Charitable Organizations experiencing issues with the Tuker platform or payments. Support can be accessed via chat within the application, email, or phone, using the contact details available on the Tuker website.

12.9. When Tuker pays out money to users’ bank accounts, Tuker deducts a 10% fee for the technical maintenance of the payment system.

4. Rights and Obligations of the User and Tuker

1. Rights of the User (Payer, Service Worker, Charitable Organization):

1.1. Legitimately utilize the Tuker service in accordance with all applicable laws.

1.2. Disclose confidential information to Tuker as necessary to facilitate the use of the Service.

1.3. Reach out to Tuker via email at: info@tuker.ee.

2. Obligations of Users (Payer and Service Worker/Charitable Organization):

2.1. Ensure all information provided during the use of the Tuker service is accurate and complete.

2.2. Notify Tuker of any updates to their personal data within three days of such changes.

2.3. Refrain from using other persons’ data.

2.4. Not share their login credentials with others.

2.5. Manage any tax obligations related to income earned through Tuker.

3. Rights of Tuker:

3.1. Modify the terms of the User Agreement and data handling protocols or terminate agreements as necessary.

3.2. Suspend a User’s access to the Tuker service at any time, which may include withholding fund transfers, blocking user registrations and logins, or deleting a Service Worker/Charitable Organization’s account without a need to disclose the reasons for such actions.

3.3. Engage third parties to fulfill the objectives of using the Tuker service, while ensuring confidentiality and adhering to the terms of this User Agreement.

3.4. Approve or deny any payments initiated by Payers via Tuker.

3.5. Place limits on the frequency of Tuker service usage within given time frames.

3.6. Retain all funds in a Service Worker/Charitable Organization’s Tuker account in instances of fraudulent activity.

4. Commitments of Tuker:

4.1. Uphold the security and confidentiality of all user-provided confidential information in line with this Agreement. Tuker is committed to not disclosing any confidential information to third parties unless legally obligated or with the User’s explicit consent.

4.2. While Tuker strives to ensure the Tuker Platform is available 24 hours a day, Tuker cannot guarantee continuous accessibility and is not liable for any periods of unavailability.

5. Final Provisions

1. Tuker is not liable for the services rendered by any third parties, including those offered by its partners.

2. Tuker is not responsible for any delays in the transfer of funds that are due to inaccurate recipient information or when the fault lies with the recipient (Service Worker/Charitable Organization).

3. Tuker reserves the right to amend this User Agreement by posting an updated version on the website and in the Tuker app. If Users do not agree with the modifications, they must inform Tuker, at which point their user relationship will be discontinued.

4. Users are bound by the version of the User Agreement in effect at the time of use, which Tuker may update periodically. Users can review the latest User Agreement whenever they access Tuker services.

5. Tuker’s liability is confined to the boundaries set by law for deliberate acts and gross negligence by Tuker, its representatives, senior staff, or other vicarious agents. This also applies in instances where Tuker assumes specific guarantees or other strict liabilities, or in situations involving claims under the Product Liability Act, or in instances resulting in injury to life or health. Where Tuker’s liability is limited or excluded, the same limitations apply to the personal liabilities of its legal representatives, senior executives, and vicarious agents.

6. These Data Protection Terms and Conditions have been drawn up in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC / EC (General Data Protection Regulation), the Personal Data Protection Act of the Republic of Estonia and the legislation of the Republic of Estonia and the European Union.

7. Should any part of this agreement be deemed invalid or unenforceable, either at the inception or after execution, the remainder of the agreement shall continue in full effect. The ineffective or unenforceable clause must be replaced with one that is valid and enforceable and that most closely matches the original economic intent.