General Terms and Conditions (AGB)

1. Scope and Provider

1.1 About This Agreement

These General Terms and Conditions (“Terms”) govern the legal relationship between A.T.O.H. International e.K. (“we,” “us,” “our,” or “TIP-DJ”) and all users of the TIP-DJ platform (“Users”).

1.2 User Categories

• “DJs”: Artists, music professionals, or venue operators who register to receive song requests, tips, and performance data from Guests.
• “Guests”: Individuals who use the platform to send song requests, tips, and messages to DJs.

1.3 Acceptance of Terms

By accessing, registering for, or using TIP-DJ in any way, you agree to be bound by these Terms in their entirety. If you do not accept these Terms, you must not use the Service.

Both DJs and Guests must actively accept these Terms via checkbox before first use (see Section 1.4).

1.4 Consent Requirement

For DJs: You must tick a consent box accepting these Terms and the Privacy Policy before completing your registration.

For Guests: You must tick a consent box accepting these Terms and the Privacy Policy before your first transaction (before payment is processed).

Ticking the consent box indicates your acceptance and provides us with legal proof of your agreement.

2. The Service: How TIP-DJ Works

2.1 Platform Role

TIP-DJ is a technical platform that facilitates communication and monetary transactions between Guests and DJs. We are not a party to the entertainment contract between Guest and DJ. We provide the infrastructure but do not:

• Guarantee that a DJ will perform or play a specific song
• Control DJ creative decisions
• Manage the DJ's equipment or venue relationship
• Provide technical support for third-party software (e.g., DJ decks, sound systems, venue WiFi)

2.2 The Complete Transaction Flow: “No-Play, No-Pay” Guarantee

Step 1: Request Creation. A Guest sends a song request with an optional monetary tip (minimum €0, typically €2+) through the TIP-DJ app.

Step 2: Payment Authorization. The tip amount is immediately authorized (reserved) on the Guest's payment method via Stripe.

Step 3: Escrow Hold. Funds remain securely held by our payment processor (Stripe) pending the DJ's action. The Guest's card shows a pending charge during this period.

Step 4: DJ Decision. The DJ sees the song request in their TIP-DJ interface displaying:

• Song name, artist, BPM, and musical key
• The tip amount offered (if any)
• How many other Guests have requested the same song

The DJ retains complete creative control and may accept or decline the request for any reason.

Option A: DJ Accepts the Request. If the DJ taps “Accept,” they are agreeing to attempt to play the requested song during their set and allow TIP-DJ to record audio from the venue to verify playback.

Option B: DJ Declines the Request. If the DJ taps “Decline,” the request is immediately rejected and proceeds to Step 6 (Refund).

Step 5: Song Verification (ACRCloud Technology). If the DJ accepted the request, TIP-DJ uses ACRCloud audio recognition technology to verify that the requested song was actually played:

• Audio Recording: TIP-DJ records audio from the DJ's device during their set to identify which songs are being played
• Acoustic Fingerprinting: ACRCloud analyzes the recording and creates an acoustic fingerprint of each song played
• Confidence Scoring: The system calculates the probability that the requested song was played
• Threshold Rule: If the system calculates 75% or higher confidence that the song was played, the transaction proceeds to payment capture (Step 5a). If confidence is below 75%, the transaction is treated as unverified and proceeds to Step 6 (Refund)

If you believe a verification decision was incorrect, you have the right to request human review by contacting info@tip-dj.com with subject line “Verification Dispute.” A human reviewer will examine the case within 10 business days. See our Privacy Policy Section 10.2 for full details.

Step 5a: Payment Capture (Song Verified). Once the song is verified as played:

• The reserved tip amount is captured (charged to the Guest's card permanently)
• The DJ's payout is calculated: Tip Amount - (15% Platform Fee + €0.30 processing fee)
• The payout is transferred to the DJ's connected Stripe account

Step 6: Refund (Song Declined, Expired, or Not Verified). If any of the following occur:

• The DJ declines the request
• The request expires without the DJ responding (45-minute window)
• ACRCloud verification returns below 75% confidence that the song was played

Then:

• The full tip amount is immediately released back to the Guest's payment method as a refund
• The pending charge disappears from the Guest's statement (may take 5–10 business days depending on the Guest's bank)
• The DJ receives no payment and no payout is issued
• No platform fee is charged on refunded transactions

2.3 Important Limitations and Service Availability

We do not guarantee:

• Continuous, uninterrupted, or error-free service
• That the platform will be accessible at all times
• That audio verification will always work correctly
• That Guests' payments will be processed immediately

We are not liable for any losses, delays, or failures caused by poor venue internet connectivity, Guest device issues, Stripe system outages, ACRCloud service interruptions, third-party payment networks, or acts beyond our reasonable control.

3. Audio Recording, Data Usage, and Intellectual Property

3.1 Audio Recording Consent

Audio Recording and Microphone Access: TIP-DJ records audio from your device during DJ set sessions to verify song playback using ACRCloud technology. Audio recording is activated when you start a session and grant microphone access via your browser's permission prompt. By granting microphone access, you consent to audio being captured and processed for song verification purposes.

You are responsible for informing venue occupants of recording activity where required by applicable local law. We recommend displaying a visible notice when TIP-DJ recording is active.

Granting microphone access is separate from and independent of your decision to accept or decline individual song requests.

What we record:

• The DJ's live set audio captured via device microphone
• Duration: From set start time to set end time
• Frequency: For every DJ set session where microphone access is granted

Where it's stored:

• Encrypted on TIP-DJ servers and ACRCloud infrastructure
• Both systems comply with GDPR data protection standards

3.2 Use of Anonymized Audio Data

TIP-DJ uses anonymized audio and request data for the following strictly limited purposes:

• Platform Analytics – analyzing anonymized music preference patterns to provide aggregate insights to DJs
• Audio Recognition Improvement – improving ACRCloud song matching accuracy for DJ-specific environments (transitions, remixes, overlapping tracks)
• Trend Analysis – identifying anonymized music trends and genre patterns at a population level
• Recommendation Algorithm – improving the song request queue by analyzing which songs perform well in which contexts, to better surface relevant suggestions to guests and DJs

Audio data used for these purposes will be anonymized and will not identify the DJ, venue, or specific performance date. We will not publish, broadcast, sell, or share your audio recordings with third parties outside of these listed purposes.

You may withdraw consent for AI and research use at any time by emailing info@tip-dj.com with subject line “Withdraw AI Research Consent.” We will confirm withdrawal within 5 business days. Note that withdrawing this consent will disable real-time request ranking for your sessions.

3.3 Intellectual Property Protection for DJ Sets

TIP-DJ Commitments:

• We will never publish, broadcast, or distribute any DJ's recorded set without their explicit written consent
• We will never upload or share DJ sets to public platforms (SoundCloud, Spotify, YouTube, etc.)
• We will never sell or license individual DJ sets to third parties
• We will never represent a DJ's set as our own creation

Your set data stays confidential within the TIP-DJ system and is used only for internal verification, analytics, and service improvement.

4. User Conduct and Prohibited Behavior

4.1 Prohibited Content (Guests and DJs)

You agree not to send or upload any content that contains:

• Illegal content or activity
• Hate speech, harassment, or threats toward any person or group
• Sexually explicit, violent, or graphic material
• Spam, fraudulent links, or phishing attempts
• Content that violates third-party intellectual property rights
• Defamatory or false statements

4.2 DJ-Specific Conduct Standards

DJs agree to:

• Use the platform professionally and in good faith
• Respond to requests within a reasonable timeframe
• Not intentionally abuse the “Accept” button by accepting requests with no intention of playing them
• Not use the platform to solicit payments for services unrelated to song requests

Consistent failure to fulfill accepted requests constitutes a material breach of these Terms and may result in immediate account suspension or termination.

4.3 Guest-Specific Conduct Standards

Guests agree to:

• Not send repeated, identical, or harassing requests to the same DJ
• Not attempt to manipulate payment processing or dispute legitimate transactions
• Not use automated tools or bots to spam the platform
• Not send requests with no intention of the DJ fulfilling them

4.4 Right to Terminate

We reserve the right to immediately suspend or permanently ban any User without advance notice if you violate these Terms, engage in fraudulent activity or chargeback abuse, abuse the platform, or if Stripe requests account closure due to payment processing violations.

In the event of suspected fraud, any funds in your account may be frozen pending investigation.

5. Payments, Fees, and Payouts

5.1 Platform Fee Structure (DJs)

TIP-DJ charges a platform fee on every successfully completed request:

DJ Payout = Tip Amount - (15% Platform Fee + €0.30 per transaction)

Example:

• Guest sends €5 tip
• Platform fee: (€5 x 0.15) + €0.30 = €1.05
• DJ receives: €5 - €1.05 = €3.95

No platform fee is charged when a request is declined, expires, or fails verification.

5.2 Minimum Tip Amount

The current minimum tip amount is €0.00. Requests without a tip may have lower priority for DJ consideration. TIP-DJ only charges a processing fee on tipped requests.

5.3 Payment Processing via Stripe Connect

Payment processing services for DJs on TIP-DJ are provided by Stripe and are subject to the Stripe Connected Account Agreement, Stripe Terms of Service, and Stripe Privacy Policy. By agreeing to these Terms or using TIP-DJ, you agree to be bound by Stripe's Terms. We are not responsible for Stripe's policies or service changes.

As a condition of TIP-DJ enabling payment processing, you authorize us to share accurate and complete information about you and your business with Stripe for fraud prevention, compliance, and payout processing.

5.4 Payouts to DJ Accounts

• DJs receive earnings directly to their connected Stripe account
• Payout schedules are determined by Stripe's policies and the DJ's individual account settings (typically daily or weekly)
• Payout timing is not guaranteed and may be delayed due to Stripe processing, bank processing, or regulatory holds
• We are not responsible for delays in Stripe payouts

5.5 Currency and International Transactions

TIP-DJ displays prices in EUR or the local currency equivalent. Currency conversion fees may apply. Exchange rates are determined by payment processors. International transactions may incur additional fees.

5.6 Tax Obligations

DJs are solely responsible for determining whether they must register for VAT in their country, collecting, reporting, and paying all applicable taxes, and filing tax returns based on TIP-DJ earnings. TIP-DJ does not withhold taxes on behalf of DJs. We provide detailed transaction reports that you can use for tax accounting and business records.

5.7 Right of Withdrawal

TIP-DJ provides a digital service that begins immediately upon purchase (tip transaction). By initiating a tip payment, you expressly acknowledge that the digital service commences immediately and that your statutory right of withdrawal is therefore excluded in accordance with Article 16(m) of EU Directive 2011/83/EU.

Where a tip is not verified (song not played), our standard refund process under Section 6 applies automatically.

6. Chargebacks, Disputes, and Refunds

6.1 Chargebacks by Guests

If a Guest initiates a chargeback after a request was accepted and verified as played:

• The disputed amount plus any chargeback fees levied by Stripe are deducted from the DJ's account balance
• If the DJ has insufficient balance, they may owe the amount to TIP-DJ
• The DJ forfeits the disputed tip

TIP-DJ will assist legitimate DJs in contesting fraudulent chargebacks by providing transaction logs, audio verification data, and timestamps. The final decision rests with the card issuer.

6.2 Refund Timing for Declined/Expired Requests

When a request is declined or expires:

• Refund is processed immediately in the TIP-DJ system
• The pending charge on the Guest's card is released immediately
• The Guest's bank may take 5–10 business days to remove the pending charge from their statement

6.3 Disputes Between Users

Any dispute regarding whether a song was played, DJ performance quality, or Guest behavior is solely between the Guest and the DJ. TIP-DJ is a technical service provider and does not mediate entertainment or artistic disputes. If a dispute arises, you may contact info@tip-dj.com for assistance.

6.4 Consumer Dispute Resolution

If you have a complaint about our Service that we have not resolved to your satisfaction, you may contact your national consumer protection authority or an applicable alternative dispute resolution body in your country of residence. We will cooperate fully with any such process.

Our contact for dispute resolution: info@tip-dj.com

7. Data Privacy, Collection, and Processing

For a full explanation of how we collect, use, and protect your personal data, please refer to our Privacy Policy.

7.1 Key Data Points (Summary)

DJ Data Collected:

• Email, username, stage name, phone number (optional)
• Stripe Connect account details
• Profile information (bio, profile photo)
• Audio recordings from sessions (see Section 3)
• Transaction history and payout records
• Login activity and IP address

Guest Data Collected:

• Card information (last 4 digits only)
• Name and email (if provided for guest tips)
• Transaction history (song requested, amount, date/time)
• IP address and device information

7.2 Data Processors and Third Parties

Your data is shared with:

• Stripe: Payment processing and fraud detection
• ACRCloud: Audio recognition and song verification
• Google Cloud Platform: Infrastructure and hosting (servers in Belgium, EU)
• IONOS: Transactional email delivery (servers in Germany, EU)
• Deezer: Song metadata and search functionality

All third parties are contractually bound to process data only as instructed and in compliance with GDPR.

7.3 Your Data Rights

You have the right to access, rectify, erase, restrict, and port your personal data, and to object to processing based on our legitimate interests. To exercise these rights, email info@tip-dj.com with subject “GDPR Request.” We will respond within one month.

8. Limitation of Liability and Disclaimers

8.1 Service Availability Disclaimer

TIP-DJ strives for high availability but does not guarantee continuous, uninterrupted, or error-free operation, that requests will be delivered to DJs, that payments will process successfully, that audio verification will always be accurate, or that the service will be accessible at all times.

8.2 Limitation of Liability

To the extent permitted by applicable law, A.T.O.H. International e.K. shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity, lost tips or failed transactions, damage to DJ reputation or equipment, or issues caused by third-party services (Stripe, ACRCloud, payment networks, venue internet).

Nothing in this clause limits our liability for:

• Intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit) as defined under German law
• Damages resulting from injury to life, body, or health
• Any liability that cannot be excluded under mandatory applicable consumer protection law

8.3 Venue and Third-Party Issues

We are not responsible for poor WiFi or internet connectivity at venues, acoustic issues or sound quality problems, equipment failure or malfunction, venue policies or restrictions on song requests, or conflicts between DJs and venues.

9. Intellectual Property

9.1 TIP-DJ Content

All content on the TIP-DJ platform including logos, source code, website design, and functionality is the intellectual property of A.T.O.H. International e.K. or our licensors. You may not copy, modify, distribute, reverse-engineer, or create derivative works based on TIP-DJ.

9.2 User Content

• DJs retain ownership of their artistic choices and set compositions
• Guests retain ownership of their messages and optional tips
• By using TIP-DJ, you grant us a limited license to use your content for platform operation and improvement

9.3 Third-Party Intellectual Property

Song rights, publishing rights, and performance rights remain with the respective rights holders. DJs are solely responsible for ensuring they have the right to perform requested songs in their venue.

10. Termination and Account Deletion

10.1 Your Right to Delete Your Account

You may delete your account at any time through Settings > Account > Delete Account. Upon deletion:

• Your account will be deactivated
• Your personal data (name, email, contact info) will be anonymized
• Transaction history will be retained for 7 years for tax/compliance purposes (anonymized)
• Pending requests will be automatically declined and refunded

10.2 Our Right to Terminate

We may suspend or terminate your account immediately if you violate these Terms, engage in fraud or chargebacks, or if Stripe requests termination. Upon termination, your access is revoked immediately, pending transactions are canceled, and funds in your account may be frozen during investigation.

10.3 Survival of Terms

Sections relating to liability, payment, data protection, and intellectual property survive account termination.

11. Changes to These Terms

We may update these Terms at any time. Material changes will be communicated by posting the updated Terms on the TIP-DJ platform, emailing you for significant changes, and requesting renewed consent before your next transaction. Your continued use of TIP-DJ after changes take effect constitutes acceptance of the revised Terms.

12. Governing Law and Jurisdiction

12.1 Applicable Law

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

However, if you are a consumer residing in another EU/EEA member state, you retain all mandatory consumer protection rights granted by the laws of your country of residence. Nothing in these Terms limits or overrides those rights.

12.2 Jurisdiction

For Merchants, Legal Entities, and Public Bodies: The exclusive place of jurisdiction for all disputes arising from these Terms is Hamburg, Germany.

For Private Consumers: You may pursue disputes in your local court or the Hamburg court.

13. Severability and Entire Agreement

13.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

13.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TIP-DJ regarding the use of the platform. They supersede all prior agreements and understandings.

14. Data Partnership Arrangements

14.1 Receiving Partner Data

TIP-DJ may enter into commercial data partnerships with third-party platforms operating in the DJ and music industry. Under such arrangements, TIP-DJ may receive DJ contact information from partners who have a lawful basis to share such data. DJs contacted via such arrangements have the right to opt out at any time by clicking unsubscribe or emailing info@tip-dj.com. TIP-DJ remains the data controller for all data processed on the platform regardless of its source.

14.2 Sharing DJ Data with Partners

By registering for TIP-DJ, you agree that your personal data including name, email address, and general location may be shared with carefully selected third-party partner platforms operating in the DJ and music industry for marketing and commercial purposes. You have the right to object to this at any time by emailing info@tip-dj.com with subject line “Opt Out of Data Sharing.” We will action your request within 5 business days.

14.3 Partner-Initiated Opt-In Campaigns

TIP-DJ may partner with third-party platforms or database owners in the DJ and music industry to run co-marketing campaigns. Under this model:

• The third-party partner sends an introductory email to their own user base on TIP-DJ's behalf
• Only DJs who actively opt in (e.g. by clicking a link or signing up via a referral URL) are onboarded to TIP-DJ
• No bulk transfer of personal data from the partner to TIP-DJ occurs without prior opt-in from the individual DJ
• The referring partner may receive anonymised referral performance data (e.g. number of sign-ups, revenue generated) solely for the purpose of calculating agreed referral compensation
• The partner is never given access to individual DJ account data, earnings, or personal information beyond what is strictly necessary for referral attribution

14.4 Referral Tracking

Any referral tracking under data partnership arrangements is conducted via pseudonymised identifiers only (e.g. unique referral codes or URLs). This does not involve sharing your full personal data with the partner without your knowledge.

15. Contact Information

A.T.O.H. International e.K.

Meiendorfer Rund 47
22145 Hamburg
Germany

Commercial Register: Amtsgericht Hamburg, HRA 126015
VAT ID: DE340115808
Customer Support Email: info@tip-dj.com
Data Protection Contact: info@tip-dj.com

We aim to respond to all inquiries within one month.

Last Updated: March 19, 2026