Disclaimer: only the original German version is legally binding. The following terms are for your understanding only.
eDrixx GmbH, (hereinafter referred to as “eDrixx”) operates an Internet service which, among other things, enables third parties, in particular service personnel, to send funds without cash via the platform / website https://www.edrixx.com and app https://app.edrixx.com (hereinafter referred to as the “Platform”).
Via the Platform, a natural or legal person, who only needs to have a smartphone connected to the Internet at his disposal (hereinafter referred to as the “Guest”), can send other natural or legal persons (hereinafter referred to as the “Service Personnel”, “Guest” and “Service Personnel” together hereinafter referred to as the “User”), a gratuitous, voluntary amount in recognition - on the occasion of services rendered or also as other financial benefit - (the “Money”).
The prerequisite for the use of the Platform by the Guest is the availability of a smartphone with access to the Internet.
The guest scans a QR code or an NFC tag at the beginning of the transaction. When the QR code / NFC tag is scanned, a website opens with a corresponding connection to the Internet, which in turn offers the guest a selection of payment methods, requests the amount and a message that he wants to transmit to the service agent identified by the QR code or NFC tag (furthermore, “service”).
The conclusion of the contract shall be in the German language.
The use of the services of eDrixx is free of charge for the guest. eDrixx does not provide any other services for the guest.
The performance of the guest to the service employee may only take place in money and be a pure courtesy. The Guest may not expect any consideration in return and the Service Worker may not provide it.
The guest is completely free in his decision on the amount of money he chooses.
The guest is solely responsible for the correct selection of the amount. Input errors are the sole responsibility of the guest. A reclaim of the granted money from eDrixx or the service staff is excluded.
eDrixx is not part of the legal relationship between the guest and the service person. In particular, eDrixx is neither a vicarious agent nor a subcontractor for services of the service person or third parties.
A contract with the Service User is concluded when the Service User registers on the platform. When registering, the Service User must provide truthful and complete information with regard to all required information and, if necessary, update this information immediately after a change.
The data of the Service Worker shall be forwarded to the external payment service provider for easier registration of the Service Worker and generation of a user account (hereinafter referred to as “ZD Account”) there.
The Service User is solely responsible for maintaining the confidentiality and security of its login and eDrixx account information. The Service User is responsible for all activities that originate from his/her eDrixx account, whether or not such activities are authorized by the Service User.
eDrixx reserves the right to prohibit, cancel, remove or reassign certain usernames under appropriate circumstances as determined in eDrixx’s sole discretion.
The Service User may terminate his/her eDrixx account at any time in the Platform. Money that has not yet been paid out will be paid out analogously to the registration process with the external payment service provider, described in Section 5 “Payment Processing”, and analogously to Section 6 “Payment to the Service Worker”. If the credit balance at the time of termination is less than 50 Euros, eDrixx will retain a termination fee of 2.95 Euros. If the balance is 2.95 Euro or less, no payment will be made to the service agent, and the termination fee will be paid. Details are regulated by the conditions of the payment service provider. However, it is always a prerequisite for a payout that the service employee has fully completed the registration and legitimation process with the payment service provider.
A Guest may make payments to the Service User directly through the Platform. In this case, the payment is not made to eDrixx, but directly from the guest’s payment medium via a payment processor into the ZD account set up for the service agent with the payment service provider.
For the processing of payments from the guest to the service agent, eDrixx uses an external payment service provider. The actual payment service pursuant to the German Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz - ZAG) is therefore currently provided on the platform by the payment service provider Stripe (https://www.stripe.com, hereinafter referred to as “Stripe”), whereby eDrixx reserves the right to also change the payment service provider at any time. The terms and conditions of Stripe, which can be viewed publicly here, are therefore decisive for the payment processing: https://stripe.com/ssa.
After registering with eDrixx, the service agent must register and legitimize himself with the payment service provider; without this, a payout cannot be made. In doing so, the service worker is guided through the process of a legitimation comparable to a registration at an online bank. This process is outside the sphere of influence of eDrixx and is based on the specifications of the payment service provider.
The payment service provider will independently debit the payment means selected for the transaction on the part of the guest (Apple Pay, Google Pay, credit card, etc.) in the amount entered by the guest on behalf of the service agent. Personal data, in particular for the purposes of money laundering checks, is processed independently by the payment service provider. eDrixx does not receive any of the data transmitted.
The payment service provider transfers the funds entered by the guest into the platform and paid by the guest via the payment means selected by the guest directly to the ZD account deposited with the payment service provider, or - in the case of the use of an eDrixx team profile - directly to one or more ZD accounts deposited with the payment service provider on the basis of the distribution key deposited in the eDrixx team profile and currently valid at the time of payment, whereby in all cases both a fee of the payment service provider is due and an agreed commission is paid directly to eDrixx.
A disclosure of bank, payment and credit card details of the guest to the service agent and / or eDrixx and also of the service agent to the guest and / or eDrixx does not take place.
The service employee receives his/her own ZD account with his/her registration and legitimation with the payment service provider. The funds granted by the guest shall be credited to the service agent on this ZD account according to the logic described in Section 5 (“Payment Processing”).
The payment shall be made exclusively in a cashless manner to a bank account in the European Union in the name of the service agent, which shall be deposited by the service agent only in his/her ZD account with the payment service provider, but not with eDrixx, and shall be updated exclusively there.
The payment of the accrued funds shall be made weekly and in full as soon as the credit balance available for payment has reached an amount of 50 Euros.
Claims of the service agent for payment, in particular also claims for payment that have not yet arisen due to missing or insufficient and incomplete entry of the service agent’s data pursuant to Section 5 of the GTC, shall become time-barred within the regular limitation period of three complete calendar years after receipt of the guest’s payment.
By registering with eDrixx, the service person has accepted that from the money that the guest grants to the service person, eDrixx will retain a fee for the services of eDrixx (“platform fee”) and a fee for the payment service provider (“ZD fee”) on behalf and for the account of the payment service provider (“platform fee” and “ZD fee” together hereinafter referred to as “eDrixx fee”). The respective valid ZD Fee can be publicly viewed here: https://stripe.com/pricing.
The eDrixx Fee gross is calculated as follows: 0.29 Euro per payment by the Guest and a fee of 10%, to be calculated according to the money granted by the Guest to the Service Agent or, in case of use of Team Profiles, Service Agent, but not exceeding 5 Euro Fee gross per payment by the Guest.
The fees already include the statutory sales tax.
eDrixx is not responsible or liable for the tax treatment of tips granted or received through the platform. Each Service User agrees that he/she is solely responsible for reporting any income received from payments initiated through eDrixx and processed through the Payment Service Provider to the tax office having jurisdiction over him/her.
If, under applicable law, eDrixx is required to store or disclose information about users (including contact and identity information and financial and transaction data) to tax authorities or other third parties, eDrixx will comply.
eDrixx is liable according to legal regulations only for intent and gross negligence of eDrixx, its legal representatives, executives, or other vicarious agents. The same applies to the assumption of guarantees or other strict liability as well as to claims under the Product Liability Act or culpable injury to life, body, or health.
eDrixx is also liable in principle for simple negligent violations of essential contractual obligations caused by eDrixx, its representatives, executives and simple vicarious agents, i.e. such obligations on whose fulfillment the user regularly relies and may rely for the proper execution of the contract on the use of the platform (so-called cardinal obligations), in this case, however, limited to the amount of the typically occurring, foreseeable damage.
Insofar as the liability of eDrixx is excluded or limited, this shall also apply in favor of the personal liability of its legal representatives, executive employees, and simple vicarious agents.
Company names, trademarks, logos, data, information, images, videos, search results, and texts as well as other content (hereinafter collectively referred to as “content”) of eDrixx enjoy protection under copyright law and/or other laws protecting intellectual property rights and remain the property of eDrixx.
However, eDrixx grants users a simple, non-exclusive, spatially unrestricted, free, non-transferable right, which may be revoked at any time, to use content on the platform and also the platform itself within the framework of the platform and the functions provided therein for the duration of the use of the platform.
If users upload pictures to their profile during registration or at a later point in time, they agree that these pictures will be stored at eDrixx on the one hand and then also displayed to the guest during and on the occasion of the payment process and also displayed later in the guest’s payment list together with the payment process. eDrixx will not use the pictures for further, especially advertising purposes.
eDrixx processes personal data exclusively to the extent necessary for the fulfillment of the contract for the use of the platform. This includes necessary transmission processes in connection with the use of the platform (i.e. in particular the processing of search requests and the communication between guest and service staff on the platform).
The contractual relations of the parties shall be governed by the laws of the Federal Republic of Germany, excluding international conflict of laws and the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer domiciled in the European Union, the law of the country in which the user has his habitual residence shall also be applicable if it concerns mandatory provisions and the user would otherwise be deprived of the protection of these mandatory provisions.
In the event of a conflict, consumers have the option to turn to the online dispute resolution platform. The “OS platform” is available via the link https://ec.europa.eu/consumers/odr/. eDrixx is neither obligated nor willing to participate in an out-of-court dispute resolution before a consumer arbitration board.
Version May 24, 2022