Terms of Service
for Users Receiving Tips
General Provisions
Realtalk, a limited liability company registered in Warsaw, KRS: 0000987910, at ul. Przasnyska 6A, 01-756 Warsaw, Republic of Poland, telephone number +48 882 940 765, email info@realtalk.dev (hereinafter referred to as the “Company” or “Realtalk”) has developed the QRit application (hereinafter referred to as the “App” or “Application”) and a website for online payments (hereinafter collectively referred to as the “Platform”). The Platform is designed for companies and their employees to receive non-cash tips from customers via Realtalk's services (hereinafter referred to as the "Service").
These Terms outline the operational principles of the Platform and govern all activities conducted through the Platform, including, but not limited to, the use of content such as text, information, images, and audio, as well as services, integrated tools, programs, software, reference data, and other related components that constitute the Platform.
Prior to using our Platform, we urge you to carefully review these Terms. They establish the rights and obligations of users and constitute a legally binding agreement between you and Realtalk.
These Terms encompass:
the rules defined in Article 8 of the Act of July 18, 2002, on providing services by electronic means (consolidated text: Journal of Laws 2020, item 334, as amended);
the framework agreement, as per the Act of August 19, 2011, on Payment Services (consolidated text: Journal of Laws 2021, item 1907, as amended).
These Terms are applicable to:
1) the owner/manager of a company
2) employees of a company (e.g., waiters, concierges, drivers, hosts, etc.). The Company and its employees are collectively referred to as "Users".
You may only enter into an Agreement and receive tips through the Platform if you accept these Terms. This acceptance can be in the form of an individual electronic statement made during the registration process on the Website. If you do not accept these Terms or our Privacy Policy, you must cease using the Platform and uninstall the Application from your device.
This Platform is designed for individuals, company managers, and their employees who provide services to customers and receive tips.
These Terms are available free of charge and are provided to each User on the website https://qrit.dev/ before concluding the agreement. They are presented in a format that enables you to receive, record, and reproduce the Terms using any communication system.
In addition to these Terms of Service, the content of the Agreement between the User and Realtalk and the acceptable use policy are determined by the terms and conditions of payment provided in the form of tips (e.g., tip amounts), as well as the statements (including consent) made by the User and, where applicable, provisions contained in other documents regularly provided to the User in a manner that allows access, recording, and reproduction.
The Platform offers various functions for both managers and individuals or company employees. For managers:
- track the total amount of tips received by all employees registered on the Platform;
- monitor the total amount of tips received by each employee;
- access all customer reviews;
- send invitations to employees to register on the Platform.
For individuals and company employees:
- generate QR codes for customers to leave tips;
- receive tips to an account registered on the Platform;
- monitor information about received tips and the total account balance;
- display reviews left by customers;
- transfer tips from the Platform-registered account to a bank account.
1. Service
Users may engage in an Agreement and access the Service solely for the purpose of giving and receiving tips. To enter into an Agreement with Realtalk, Users must:
- confirm that they have reached the legal age required by the Civil Code of Poland;
- register within the Service;
- utilize one of the hardware platforms providing access to the Service, meeting its technical requirements.
- read and agree to the contents of these Terms, as well as other provisions of the Agreement specified during the registration process (particularly concerning Realtalk's fees), and any other applicable documents governing the Agreement.
User bank accounts must be maintained by a bank operating in the Republic of Poland, with the account currency in Polish zloty (PLN). If, for any reason, the Payment system operator is unable to transfer the Tips to the User's bank account, Realtalk will promptly inform the User through the Website, providing details on the circumstances and reasons, if known.
To utilize our Service the company managers should:
1) visit the website;
2) create an account by providing a phone number; and
3) invite employees;
- individuals or employees should:
1) download the App or visit the Website;
2) register an account on the Platform by providing a phone number; and
3) register on our partner payment service provider's platform.
In accordance with these Terms of Service, the Platform enables you to receive non-cash tips. When a customer leaves tips on the Platform, individuals or company employees will receive the funds in their Stripe account. Following the receipt of tips, Users may choose how to distribute the amount among group members who have a Realtalk account, or they may transfer the funds to their bank account.
2. Registration Procedure and Agreement Conclusion
The Agreement is established for an indefinite duration, granting the User access to the services detailed within the Agreement from the moment of its inception. It's important to note that this condition might not apply to certain services or features that are strictly available for a limited period or contingent on the conclusion of a supplementary Agreement. The User retains the ability to enter into a single Agreement at any given time.
Registration on the Website is both voluntary and free of charge, and it's a prerequisite for creating an Account and finalizing an Agreement.
The registration process unfolds as follows:
- the User must accept these Terms;
- the User is required to confirm their agreement with the privacy policy, which governs the processing of personal data provided during registration;
- the User needs to input the data specified in the Account Registration form;
- Realtalk will verify the User's identity based on the information provided;
- the User must activate the Account by clicking on the link sent by Realtalk to the email address specified during registration.
The provision of personal data is voluntary, but to create and authorize an account, as described above, the User must supply the data outlined in the form and choose a login and password.
This data collection is an integral part of the registration process and is conducted solely for the purpose of ensuring financial security measures, including user identification and identity verification, in accordance with the provisions of the Anti-Money Laundering and Anti-Terrorist Financing Law of March 1, 2018 (consolidated text: Journal of Laws 2021, paragraph 1132, as amended).
Following the registration, Realtalk will provide the User with:
- a unique alphanumeric code;
- a unique QR code;
and grant access to the codes within the Mobile application.
It's important to note that the specified login in the application form cannot be used if the account remains unactivated. Each email address is associated with one registered account only.
The User is responsible for safeguarding their Account, login, and password and must not share them with other Users or third parties. If third parties gain access to the account or login and password, the User must promptly notify Realtalk. Failure to notify Realtalk means the User assumes any risks associated with the unauthorized use of their account by third parties.
3. Taxes and Fees
Realtalk's service fees can be levied on either the tip giver or the commercial organization to which the business administrator or their employees are affiliated. Additionally, there may be bank fees associated with receiving payments from Realtalk, contingent on the specific banking service provider plan you have.
Furthermore, for the utilization of specific features and services offered by Realtalk, a monthly subscription fee may apply. The cost of such a subscription may vary, with the final price being detailed in the subscription link provided by Realtalk. In the event of such a fee, a notification will be made available in the user's account.
The fee specified in this section is periodically and automatically deducted from the tips acquired by the User and represents the sole fee payable to Realtalk for rendering the payment service under the Agreement. This deduction is executed by the payment operator pursuant to a separate agreement with Realtalk. Following this deduction, the payment operator transfers the tip amount to the User's bank account.
Concerning tax responsibilities, it's essential to understand that our service subscription is designed to furnish employees with a convenient tool. However, the legal entity of the company or the individual business manager is not held accountable for employees' tax obligations. The responsibility for any relevant taxes linked to received tips rests with each individual employee, as dictated by applicable laws. Employees are encouraged to contact their local tax authority to obtain information regarding potential taxes, payment conditions, and other pertinent details. The onus for adhering to tax obligations in a timely and accurate manner is borne by individual employee.
In accordance with these Terms, Realtalk grants you a limited, non-exclusive, non-transferable license to access and use the Platform. You are not authorized to rent, lease, sell, sublicense, assign, decompile, modify, provide on a temporary basis, distribute, export, transfer the Platform, or permit others to utilize the Platform, its technology, or any information, including printed materials, derivative works of the Platform, or make any other modifications to the Platform. This license will be automatically terminated in the event of a breach of these Terms. You are prohibited from using, uploading, or exporting the Platform in violation of any applicable laws or regulations. You agree not to export (including re-export) the Platform in any way that contravenes the laws of the European Union or any other country.
In order to use our Service, you must have access to the World Wide Web, either directly or through a device capable of connecting to web content. If you lack an Internet connection or if your device encounters connectivity issues with our servers for any reason, access may be unavailable. You understand and agree that using the Internet to access our Service may result in charges from your wireless carrier, Internet service provider, or other Internet access methods, based on your specific agreement or plan. You are responsible for payment of such fees or any other service charges related to access. Additionally, you are responsible for providing the equipment necessary to establish a connection to the World Wide Web. You also commit to using the Service in accordance with all requirements set by your wireless carrier, provider, or other Internet access means.
The Service may incorporate, use, or present information from external sources. To the fullest extent permitted by applicable law, neither Realtalk nor its respective licensors, authors, editors, reviewers, contributors, or publishers shall bear responsibility for errors or omissions in the information presented on the Platform, or for any consequences arising from its use. They also disclaim any warranties, whether expressed or implied, regarding the completeness, suitability, or accuracy of such content. The application of this information to a specific situation is at the discretion of the user. Realtalk does not endorse and is not liable for the accuracy of the content.
In alignment with the provisions outlined in the Privacy Policy, by using the Platform, you acknowledge that Realtalk and other entities collaborating with Realtalk may process technical data and related information about the device, system, and software used on the Platform. This information is collected periodically to facilitate the delivery of software updates, support, and other services (if any) associated with the Platform. Realtalk and its collaborators may collect and/or use your personal information if you willingly provide such information to Realtalk or its collaborators (for instance, by utilizing the Platform's feedback feature), provide consent for such usage, or if required by law or as part of legal proceedings.
8. Changes and Amendments
To the maximum extent permissible under applicable law, Realtalk: (i) is not obliged to provide the Service to any User; (ii) may modify the form and nature of the Service at any time, with or without prior notice; (iii) Is not accountable to you or any third party for Service failures; (iv) Reserves the right to terminate the provision of the Service at any time, with or without notice.
Realtalk retains the discretion to make changes to the Service as it deems fit. If you choose to use the Service, you acknowledge that you will be bound by the version of this Agreement in effect at the time of your use of the Service.
9. Links
Realtalk may provide links to other websites or online resources, each referred to as a "Linked Website." To the fullest extent allowed by applicable law, Realtalk neither endorses nor assumes responsibility for any data, software, or other content available on websites or resources not owned by Realtalk. You acknowledge and agree that Realtalk is not accountable, either directly or indirectly, for any damage or loss related to your use or reliance on such data, software, or other content. It is your responsibility to exercise independent judgment in your interactions with Linked Websites and to review their terms and conditions and privacy policies. To the extent permitted by applicable law, Realtalk is not liable for any damage or loss resulting from your registration or use of a Linked Website.
10. Disclaimer of Warranties
You recognize and agree that the Service, to the fullest extent permissible by applicable law, is provided "AS IS" and "AS AVAILABLE." To the maximum extent allowed by applicable law, Realtalk makes no guarantees that the Service will meet your requirements or that the use of the Service will be uninterrupted, timely, secure, or error-free. Realtalk also does not warrant the results that may be achieved through the use of the Service, the accuracy or reliability of your use of the Service, the accuracy or reliability of information obtained through the Service, or the correction of any defects in the Service. To the maximum extent allowed by applicable law, Realtalk and its suppliers disclaim all warranties, whether expressed, implied, or statutory, concerning the Service. This includes all implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. You recognize and agree that any material or data obtained through the use of the Service is at your own discretion and risk, and you are solely responsible for any damage to your equipment or operating system or loss of data arising from the download of such content or material.
11. Updates (Improvements, Bug Fixes, Modifications)
Realtalk may furnish the User with Platform updates at no extra cost, including:
11.1 Improvements
The evolution of online services sometimes necessitates further development, alterations, and adaptations to new technical possibilities, shifts in user behavior and requirements, or advances in technical infrastructure. In instances where these adjustments do not adversely affect you, we may supply you with updates, new versions, or software releases for the Platform. These updates may encompass technical adaptations, additional services, features, links, the integration of modular services, or changes in the name and appearance of the Platform. It's important to note that Realtalk is under no obligation to provide these improvements.
11.2. Bug Fixes
Realtalk will provide the User with updates, which may include security updates, containing bug fixes to ensure the Platform aligns with subjective or objective requirements. This includes legal, regulatory, and judicial mandates for the duration the Platform must be accessible to the User in accordance with these Terms. Realtalk will notify the User about the availability of updates, including TROUBLE REMOVAL, and the implications of not installing these updates, along with installation instructions.
11.3. Modifications
Realtalk may provide the User with updates that involve changes to the Platform beyond what is essential for its maintenance. This primarily pertains to the (partial) discontinuation of the Platform's operation. Realtalk may implement modifications if (a) certain features or components of the Platform are no longer used to an extent that justifies their maintenance and ongoing operation; (b) recent changes in legal, regulatory, or judicial regulations necessitate adjustments to the Platform that are not economically justified for Realtalk; (c) technical conditions of the Platform's environment or infrastructure undergo changes beyond Realtalk's control, making it unfeasible to maintain and operate the Platform economically. Realtalk will inform the User about these modifications. If the modifications negatively impact the User's access to the Platform or its use, and this impact is not insignificant, the following provisions apply: Realtalk will notify the User of the nature and date of the modifications no less than one week before their implementation. The User will also be informed of the option to retain access to the Platform without modifications at no additional cost or the right to terminate the agreement with us.
12. Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by applicable law, neither Realtalk nor its respective licensors shall be liable for any direct, indirect, special, exemplary, or consequential losses, regardless of the cause or any possible liability, even if they have been advised, including, without limitation, losses arising from: i) your use of the Service; (ii) expenses incurred to obtain data, information, or software; (iii) unauthorized access to your transmissions or data or their alteration; (iv) your use of the Service in violation of the Terms; (v) other matters related to the Service or your use of the Service. Moreover, to the maximum extent permitted by applicable law, you bear sole responsibility for all decisions related to the use of the Service concerning the input, storage, and/or transmission of personal information.
These Terms and Conditions, including the Privacy Policy, do not:
(i) limit or seek to release us or any other party from liability, including, without limitation, liability for losses directly or indirectly linked to gross negligence or willful failure to perform obligations, to the extent that applicable law does not allow such limitation or release;
(ii) require you to assume any risk or liability for any specific liability or loss to the extent that applicable law does not allow such assumption of risk or liability; or
(iii) limit or exclude any implied warranty or liability mandated by these Terms and Conditions under consumer protection laws, the EU General Data Protection Regulation, or equivalent documents (to the extent applicable), or to the extent that applicable law does not allow such limitation or exclusion.
13. Indemnification
To the maximum extent allowable under applicable law, you consent to indemnify, defend, and hold Realtalk, its officers, employees, and suppliers harmless from any claims or demands, including reasonable attorney's fees, asserted by third parties concerning your use of the Application, your violation of these Terms of Use, or your infringement of the rights of other individuals, or any alleged actions arising therefrom.
14. Termination
The license remains in force until terminated by the User or Realtalk, a termination that can be initiated at any time. Upon being notified of the license's termination, the User must discontinue all usage of the Service. Realtalk may promptly terminate the User's rights under the License if the User fails to adhere to any of the provisions outlined in these Terms.
In the event the User deletes their account, all information related to the User's activity on the Website and within the Agreement (including, but not limited to, their data and records) may be automatically erased. Account deletion results in the termination of the Agreement, and the User will no longer have access to the Service provided through the Account. Re-registering the account does not reinstate the User's data or the information regarding received tips.
15. Property Rights
You acknowledge that (a) the Service comprises patented and confidential information safeguarded by applicable intellectual property and other laws; (b) Realtalk and/or third parties hold and retain all rights, titles, and interests in the Service and the software furnished through the Service or related to it. This includes, but is not limited to, all intellectual property rights therein and associated therewith. "Intellectual Property Rights" encompasses all rights, existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, along with all applications, renewals, extensions, and restorations thereof, presently or subsequently in effect worldwide. You agree not to (and shall not permit any third party): (i) duplicate, sell, license, distribute, transmit, modify, adapt, translate, create derivative works, decompile, reverse engineer, disassemble, or attempt to derive the source code or algorithms of the App, unless expressly permitted; (ii) undertake any action to bypass or defeat the security or content usage regulations provided, implemented, or enforced by any functionality (including, but not limited to, digital rights management functionality) in the App; (iii) employ the App to access, copy, transfer, transcode, or retransmit content in violation of any law or third-party rights; or (iv) remove, obscure, or alter any notices of copyright, trademark, or other proprietary rights contained herein, on the App, or accessible through the App. All trademarks and trade names linked with Realtalk, and in the case of licensed trademarks, their licensors, belong to Realtalk.
16. Prohibited Use of the Platform
User agrees not to resell the Application/Platform or access to it. The User further agrees not to engage in reverse engineering, decompile, disassemble, or attempt in any way to extract the source code of the Platform.
17. Assignment of Rights (Cession)
You may not assign or transfer your rights under this Agreement without the prior written consent of Realtalk. Realtalk, on the other hand, may assign all of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor that acquires all or a substantial part of its business and assets, provided that such assignment does not harm you. With that said, this Agreement is binding upon and inures to the benefit of the parties' successors and permitted assigns. Any assignment contrary to this section shall be considered null and void.
18. Customer Agreement
By accepting this Agreement, you represent and warrant that you are legally bound by this Agreement when downloading and installing the Platform, as well as accessing and/or using the Platform.
19. Governing Law and Jurisdiction
These Terms are governed and construed in accordance with the laws of the Republic of Poland. Any lawsuit, action, or proceeding arising out of these Terms or the rights granted under this Agreement shall be exclusively brought in the courts of Warsaw, Poland. If permitted by applicable law, each party irrevocably submits to the exclusive jurisdiction of such courts for any such suit, action, or proceeding.
20. Force Majeure
Realtalk shall not be held responsible for any delay in the performance of its duties, obligations, and responsibilities under this Agreement caused by force majeure. Force majeure refers to an unforeseen event that occurs after an order is accepted and is beyond Realtalk's reasonable control, such as strikes, blockades, war, mobilization, natural disasters, government refusal to issue licenses, government orders or restrictions, outages, delays, or problems with the availability of internet services (including service interruptions or outages), or other similar or dissimilar causes beyond Realtalk's control.
21. Privacy Policy
21.1. Basic Information on Data Processing: Personal data collected through the specified Website (referred to as the "Platform") are processed by Realtalk. Realtalk primarily acts as the controller for personal data collected from the Company's users (e.g., tip givers, sellers, waiters, hosts, administrators, concierges, and other service providers) (referred to as the “Users”).
Data Subject Rights: the right to receive information about stored personal data, the right to rectify and provide personal data, and, where applicable, the right to object to processing (in cases where processing is based on our legitimate interests or User consent), request data processing restrictions, or personal data deletion. You also have the right to file a complaint with a data protection authority in your country of residence.
21.2. Data Security
This Privacy Policy outlines the collection and processing of personal data by the data controller when you use our non-cash tipping solution or engage with us in connection with our services. Please carefully read this document as it details how we handle your personal data.
The data controller responsible for processing data in this application is Realtalk, a limited liability company with its registered office in Warsaw, KRS: 0000987910, registered at ul. Przasnyska 6A, 01-756 Warsaw, Republic of Poland.
Our primary purposes and the legal grounds of data processing are as follows:
You may refuse to provide us with your personal information, with the understanding that that this may impact your access to some of our services.
21.3 Data Storage
We only retain data for the period necessary to provide you with our services. The data we store is protected using commercially acceptable means to prevent loss or theft, unauthorized access, disclosure, duplication, use, or modification.
Data obtained for service purposes will be kept for as long as Users have an account with our company. Transaction data will be stored for the period specified by law.
Data obtained for customer service purposes will be retained for as long as the User's request is duly processed and a response is provided, and for an additional period of 6 years to protect against potential claims. Reviews are stored for no more than 1 month, except when needed for disciplinary proceedings.
21.4. Data Disclosure
We would like to inform you that we use the Stripe payment service provider. This service provider processes Users' personal data for its own commercial purposes, so we recommend that you carefully review their terms and privacy policy.
21.5. Other Data Disclosure
We may also disclose Users' personal data to:
buyers of our business or a substantial share in our business;
law enforcement and other regulatory bodies, as well as courts if required or mandated by law to disclose or transfer your personal information, or to protect our rights, property, or safety, our group companies, our customers, or other individuals;
third parties if you have requested information about their goods or services;
third parties whose services we may occasionally use to provide you with certain services (e.g., recruitment agencies, IT service providers). We require such third parties not to use your personal information for any other purpose.
21.6. Rights of Data Subjects
In accordance with applicable legislation, we are obligated to ensure the accuracy and timeliness of personal data we hold about our Users. We encourage our Users to assist us in fulfilling this obligation by informing us of any changes to their personal data that we process.
You may exercise the following rights in relation to our processing of your personal data at any time by contacting us using the contact details provided in this Privacy Policy:
Right of access: You have the right to request access to any data that may be considered your personal data. This includes the right to information on whether we process your personal data, what categories of data we process, and the purpose of our processing.
Right to rectification of data: You have the right to request us to rectify your personal data if you believe it is inaccurate or incomplete.
Right to object: You have the right to object to certain types of processing of your personal data, including, for example, automated decision-making based on your personal data or when our processing of your personal data is based on our legitimate interests.
Right to restrict the processing of personal data: You have the right to request us to restrict the processing of your personal data if you want to (i) challenge the legality of processing; (ii) resolve issues of unlawful processing of your personal data; (iii) obtain your personal data or prevent their deletion in order to establish or defend against legal claims.
Right to erasure: You also have the right to request the deletion of your personal data if they are no longer necessary for the purposes for which they were collected or if you believe that processing is unlawful and your personal data should be deleted to comply with the law.
Right to data portability: If your personal data is processed automatically with your consent or based on contractual relationships, you can request that we provide your personal data in a structured, commonly used, and machine-readable format. In addition, the User may request that their personal data be sent to another data controller. Please note that such transfer can only be made if technically feasible.
Right to withdraw consent: In cases where processing is based on the User's consent, the User has the right to withdraw their consent to such processing at any time without any negative consequences.
Right to lodge a complaint with a supervisory authority: If you are dissatisfied with our response to your personal data request or believe that we are processing your personal data unlawfully, you may file a complaint with the supervisory authority in your country of residence or with the main supervisory authority in the Republic of Poland.
Please note that in order for us to address your request related to your rights, you must provide us with sufficient information. Before responding to your request, we may ask you to provide additional information to confirm your identity and assess your request.
Address for Inquiries:
If you have any questions regarding our Privacy Policy or your data, please contact us in writing at info@realtalk.dev or by phone at +48 882 940 765.