General Terms and Conditions (AGB)

1. Scope and Provider

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

1.2 Users include:

• “DJs”: Artists or venues who register to receive song requests and tips.
• “Guests”: Individuals who use the platform to send requests and tips.

1.3 By accessing or using TIP-DJ, you agree to these Terms. If you do not agree, you must not use the Service.

2. The Service

2.1 Platform Only: TIP-DJ provides a technical interface for Guests to send monetary tips and song requests to DJs. We are not a party to the transaction between the Guest and the DJ. We facilitate the payment processing but do not guarantee that a DJ will perform a specific action or play a specific song.

2.2 “No-Play, No-Pay” Guarantee:

• Authorization: When a Guest sends a request, the tip amount is authorized (reserved) on their payment method immediately.
• Escrow: Funds are held securely by our payment processor (Stripe) pending the DJ's action.
• Success: If the DJ “Accepts” the request, the funds are captured and released to the DJ's account (minus our Platform Fee).
• Refund: If the DJ “Declines” the request, or if the request expires (after 45 minutes) without acceptance, the full amount is released back to the Guest.
• Refund Timing: Releases are processed immediately by our system. Depending on the Guest's bank, it may take 5–10 business days for the pending charge to disappear from their statement.

3. Payments and Fees

3.1 Platform Fee: TIP-DJ charges a fee for successfully brokering a request.

• The fee structure is displayed to the DJ upon onboarding (currently 15% + €0.30 per successful transaction, or local currency equivalent).
• This fee is deducted automatically from the total tip before the payout reaches the DJ.
• No fee is charged on refunded (declined/expired) transactions.

3.2 Payment Processing (Stripe Connect):

• Payment processing services for DJs on TIP-DJ are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service.
• By agreeing to these Terms or continuing to operate as a DJ on TIP-DJ, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.
• As a condition of TIP-DJ enabling payment processing services through Stripe, you agree to provide TIP-DJ accurate and complete information about you and your business, and you authorize TIP-DJ to share it and transaction information related to your use of the payment processing services provided by Stripe.

3.3 Payouts:

• DJs receive their earnings (tips minus fees) directly into their connected Stripe account. Payout schedules are determined by Stripe and the DJ's individual account settings.

3.4 Taxes:

• DJs are solely responsible for determining, collecting, reporting, and paying all applicable taxes (including VAT/Umsatzsteuer) associated with the tips they receive.
• TIP-DJ does not withhold taxes for DJs but provides transaction reports for accounting purposes.

4. User Conduct and Content

4.1 Prohibited Content: Guests agree not to send request messages that contain:

• Illegal content, hate speech, or harassment.
• Spam or fraudulent solicitation.
• Sexually explicit or violent language.

4.2 DJ Conduct:

• DJs agree to use the platform professionally.
• While DJs retain full creative control to accept or decline songs, consistent failure to fulfill “Accepted” requests (accepting money but refusing to play the song) constitutes a breach of these Terms.

4.3 Right to Terminate:

• We reserve the right to ban or suspend any User (Guest or DJ) immediately and without notice if they violate these Terms, engage in fraudulent activity, or abuse the platform.
• In the event of a ban for suspected fraud, any funds in the account may be frozen pending investigation by Stripe.

5. Liability and Disclaimers

5.1 Service Availability: We strive for high availability, but we do not guarantee that the Service will be uninterrupted or error-free. We are not liable for lost tips due to third-party issues such as poor venue internet connections, Stripe outages, or device incompatibility.

5.2 Limitation of Liability:

• To the fullest extent permitted by law, A.T.O.H. International e.K. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits.
• German Consumer Law Exception: Nothing in these Terms limits our liability for intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), or for damages resulting from injury to life, body, or health.

5.3 Disputes Between Users:

• Any dispute regarding the performance of the song or the quality of the DJ service is solely between the Guest and the DJ. TIP-DJ is a technical service provider and not a party to the entertainment contract.

6. Chargebacks and Refunds

6.1 Chargebacks: If a Guest initiates a chargeback (disputes the payment with their bank) after a request was Accepted and Played:

• The DJ agrees that the disputed amount and any associated chargeback fees levied by Stripe will be deducted from their account balance.
• TIP-DJ will assist the DJ in contesting fraudulent chargebacks by providing transaction logs, but the final decision rests with the card issuer.

7. Final Provisions

7.1 Governing Law: These Terms shall be 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).

7.2 Jurisdiction: If the User is a merchant (Kaufmann), a legal entity of public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from these Terms is Hamburg.

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

Provider Information (Impressum)