Terms of Use for MyTips

Effective: February 2026

1. Scope

1.1 Contracting Parties

These Terms of Use govern the contractual relationship between

Johannes Hamel Zähringerstr. 5 10707 Berlin Email: j.hamel (at) hamel-it.de

(hereinafter “Provider”)

and the users of the mobile application “MyTips” (hereinafter “App”).

1.2 Applicability

These Terms of Use apply to the use of the App in its current version. By downloading, installing, or using the App, you agree to these Terms of Use.

1.3 Deviating Terms

Deviating, conflicting, or supplementary terms of the user shall not become part of the contract unless the Provider expressly agrees to their validity in writing.

2. Service Description

2.1 Scope of Functions

MyTips is a tip tracking app for service workers that allows users to:

  • Log shift data including tips, hours worked, and job assignments
  • View earnings analytics and insights
  • Track tip history in calendar view
  • Set reminders for shift logging
  • Export data for tax purposes (CSV, PDF)

2.2 Free Version

The free version of the App includes:

  • Recording of shift data with basic information
  • View of logged shifts in list format
  • Basic analytics for current period
  • Calendar view of shifts

2.3 Pro Version (Subscription)

The Pro version additionally offers:

  • Unlimited shift history
  • Advanced analytics and insights (tips per hour, best-paying shifts, etc.)
  • Multiple job tracking with color coding
  • Detailed calendar view with earnings overview
  • CSV and PDF export functionality
  • Customizable reminders
  • Support for 100+ currencies

2.4 Local Data Storage

All user data is stored exclusively locally on the user’s device. No cloud synchronization takes place. The Provider has no access to the user’s shift and tip data.

3. Contract Conclusion and User Account

3.1 Contract Conclusion

The contract for the use of the App is concluded upon download and first use of the App.

3.2 No User Account Required

No registration or creation of a user account is required to use the App.

3.3 Minimum Age

The use of the App is permitted for persons aged 13 and older. Legal capacity is required for the conclusion of paid subscriptions. Minors require the consent of their legal guardians.

4. In-App Purchases and Subscriptions

4.1 Pro Subscription

The Pro subscription is available as a monthly or annual subscription. The current prices are displayed in the App Store.

4.2 Payment Processing

Payment processing is handled exclusively through the Apple App Store. Apple’s payment terms apply.

4.3 Automatic Renewal

The subscription automatically renews for the respective term unless it is cancelled at least 24 hours before the end of the current term.

4.4 Cancellation

The subscription can be cancelled via the Apple App Store settings:

  1. Open the Settings app
  2. Tap your name → Subscriptions
  3. Select MyTips Pro
  4. Tap “Cancel Subscription”

4.5 Right of Withdrawal

For digital content, the statutory right of withdrawal applies in accordance with the provisions of the Apple App Store. For more information, visit: https://www.apple.com/legal/internet-services/itunes/us/terms.html

4.6 Restore Purchases

Previously purchased subscriptions can be restored on the same or another device if the same Apple ID is used. The restore function can be found in the App settings.

5. User Obligations

5.1 Intended Use

The user agrees to use the App only for its intended purpose of tracking personal tip income.

5.2 Prohibited Use

The user is prohibited from:

  • Decompiling, disassembling, or otherwise determining the source code of the App, unless expressly permitted by law
  • Modifying, adapting, or creating derivative works of the App
  • Renting, leasing, lending, or otherwise commercially exploiting the App
  • Circumventing or removing technical protection measures
  • Using the App in a manner that violates applicable law

5.3 Data Backup

The user is responsible for backing up their own data. Since the App does not offer cloud synchronization, all locally stored data will be deleted upon uninstallation or device change. Pro users can use the CSV/PDF export function for data backup.

5.4 Tax Responsibility

The user is solely responsible for the correct and complete recording of their tip income for tax purposes. The Provider assumes no responsibility for the accuracy or completeness of the data entered by the user.

6. Intellectual Property

The App, including all content, graphics, designs, and underlying code, is protected by copyright. All rights remain with the Provider.

6.2 Right of Use

The Provider grants the user a simple, non-transferable, non-sublicensable right to use the App on their own devices. This right of use is limited to the contract term.

6.3 Trademark Rights

“MyTips” and the App logo are trademarks of the Provider. Use without express permission is not permitted.

7. Availability and Maintenance

7.1 Availability

The Provider strives for high availability of the App. Since the App primarily functions offline, availability is generally not dependent on server infrastructure.

7.2 Updates

The Provider may provide updates from time to time to fix bugs, improve security, or add new features. The use of the current version is recommended.

7.3 Changes to Scope of Functions

The Provider reserves the right to change the scope of functions of the App, provided this is reasonable for the user. Significant restrictions to Pro functions during a current subscription period will not occur.

7.4 Discontinuation of the App

The Provider may discontinue the provision of the App with reasonable advance notice. In this case, existing subscriptions will be refunded on a pro-rata basis.

8. Liability

8.1 Limitation of Liability

The Provider is liable without limitation for damages resulting from injury to life, body, or health, as well as for damages based on intent or gross negligence.

8.2 Slight Negligence

In cases of slight negligence, the Provider is only liable for breach of material contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable, contract-typical damage.

8.3 Liability for Data Loss

The Provider is not liable for the loss of user data stored exclusively locally on the user’s device. The user is responsible for regular data backups.

8.4 Liability for Accuracy of Data

The Provider is not liable for the accuracy, completeness, or tax compliance of data entered by the user. The user is solely responsible for maintaining accurate records of their tip income.

8.5 Liability for In-App Purchases

Apple is solely responsible for the processing of in-app purchases. The Provider is not liable for disruptions or errors of the Apple App Store.

8.6 Force Majeure

The Provider is not liable for performance disruptions due to force majeure.

9. Warranty

9.1 Defect Rights

The statutory warranty rights apply to the App.

9.2 Scope of Functions

The App is provided with the scope of functions available at the time of download. The Provider does not warrant any specific functions unless expressly promised.

9.3 Compatibility

The App is designed for iOS devices running iOS 16 or later. Compatibility with future iOS versions is not guaranteed.

10. Data Protection

The processing of personal data is carried out in accordance with our Privacy Policy, which is available in the App and on our website. The Privacy Policy is an integral part of these Terms of Use.

11. Contract Termination

11.1 Termination of Free Version

The use of the free App version can be terminated at any time by uninstalling the App.

11.2 Termination of Subscription

The Pro subscription can be cancelled via the Apple App Store in accordance with Section 4.4.

11.3 Extraordinary Termination

The Provider is entitled to extraordinary termination if the user repeatedly or seriously violates these Terms of Use.

11.4 Consequences of Termination

After termination of the Pro subscription, the logged shifts and data remain available, but Pro features (advanced analytics, exports, multiple jobs, etc.) are no longer usable.

12. Changes to Terms of Use

12.1 Right to Change

The Provider reserves the right to change these Terms of Use with effect for the future if this is necessary for valid reasons and reasonable for the user.

12.2 Notification

The user will be informed about significant changes in the App. Continued use after the changes take effect is deemed consent.

12.3 Right to Object

In the case of significant changes that unreasonably disadvantage the user, the user has the right to terminate the contractual relationship.

13. Final Provisions

13.1 Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which the consumer has their habitual residence remain unaffected.

13.2 Place of Jurisdiction

For disputes with entrepreneurs, the Provider’s place of business is the place of jurisdiction. For consumers, the statutory places of jurisdiction apply.

13.3 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

13.4 Severability Clause

Should individual provisions of these Terms of Use be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

13.5 Written Form

Amendments and additions to these Terms of Use require text form.

14. Contact

If you have any questions about these Terms of Use, you can reach us at:

Email: j.hamel (at) hamel-it.de

These Terms of Use were created in consideration of German law and the specifics of mobile applications for service workers.