This translation is provided for information only; only the French version is legally binding.
Terms of use
Last updated: 3 October 2026. These terms govern the use of the smiltap platform by its users and the customers who tip them.
1. Purpose
smiltap is a platform that allows a professional (the “Beneficiary”) to receive digital tips from their customers (the “Tippers”) via a QR code and a personalised web page.
2. Registration
Registration is free and open to any adult residing in France. The Beneficiary can receive tips as soon as their page is created.
To receive the sums allocated to them in their bank account, the Beneficiary must complete an identity verification (KYC) with our partner Stripe and provide a valid IBAN. Sums received before this verification remain theirs and are held until they complete it.
3. Pricing
- No subscription and no bank card are required to sign up.
- The Tipper pays exactly the amount they choose. No fees are added on their side.
- A commission of 6% excl. VAT + €0.30 excl. VAT per tip is deducted from the funds collected when the Beneficiary triggers the transfer to their IBAN. This commission is subject to French VAT at the standard rate (20%), i.e. an amount actually deducted, VAT included, of 7.2% + €0.36 per tip. The balance shown in the beneficiary area is the gross amount; the breakdown of the calculation (gross, commission excl. VAT, VAT, net) is always shown before the transfer is confirmed.
- Transfer fees are charged on each payout request to the Beneficiary’s IBAN: €2.50 incl. VAT for the first transfer of each calendar month, then €0.20 incl. VAT for each subsequent transfer in the same month. The counter resets on the first day of each month, Paris time, and the number of transfers is unlimited.
- These fees correspond to the charges of our provider Stripe, which applies a monthly amount per beneficiary account that has received at least one transfer, plus a fixed amount per transfer. Their exact amount is shown to the Beneficiary before they confirm their transfer.
- Card payment processing fees are included in the smiltap commission and are not passed on to the Beneficiary. Instant transfers, where offered, may incur additional fees from our provider (around 1%) that are passed on to the Beneficiary.
4. Payouts
Funds tipped by Tippers are collected by Stripe Connect. They can be paid out to the Beneficiary’s IBAN at any time, with no minimum threshold and no limit on the number of transfers. A transfer can, however, only be triggered if the available balance exceeds the applicable transfer fees mentioned in Article 3.
5. Legal nature of tips paid via smiltap
5.1 — smiltap, technical payment intermediary. smiltap acts exclusively as a technical payment intermediary between the Tipper and the Beneficiary or Beneficiaries individually designated at the time of payment. smiltap is in no way the economic recipient of the sums paid: the funds pass through smiltap’s service account with its payment provider (Stripe Payments Europe, Limited) strictly under a collection mandate, without appropriation at any time.
5.2 — Tip paid via an individual QR code. When the Tipper scans the QR code of an identified Beneficiary (personal profile page /u/{slug}), the entire tip is legally intended for that Beneficiary alone from the moment the payment is made. The tip is paid into the Beneficiary’s personal Stripe Connect account, then transferred to their personal bank account at their request.
5.3 — Tip paid via a venue QR code. When the Tipper scans the QR code of a venue (page /e/{slug}), the tip is, from the moment it is made, split equally among all active team members shown on the page at the time of payment, and legally intended for these individually named Beneficiaries. The split is carried out technically by smiltap when the payment is recorded; each share is then paid separately into the personal Stripe Connect account of each Beneficiary concerned. The venue and its legal representative are at no time the owners of the funds, nor authorised to redistribute them.
5.4 — Consequences for social security and tax treatment. In accordance with Article 5 of French Law No. 2021-1900 of 30 December 2021 and its extension by Law No. 2023-1322 of 29 December 2023 (Article 28), tips paid electronically and received by employees in contact with customers benefit, under certain conditions, from an exemption from social security contributions and income tax. This payment architecture (direct payment from the Tipper to the individually named Beneficiary via a technical intermediary, without passing through the employer) is designed to preserve the benefit of this exemption. It is nevertheless up to each Beneficiary to check their eligibility with their employer or accountant, as smiltap cannot guarantee individual tax eligibility.
5.5 — The Beneficiary is solely responsible for declaring and keeping track of their tips according to their situation (employee, micro-entrepreneur, self-employed). smiltap provides them with the history of the tips they have received in their dashboard, which can be exported at any time.
6. Beneficiary’s obligations
- Provide accurate information when registering.
- Not use smiltap for fraudulent purposes, money laundering or illegal financing.
- Declare their tip income in accordance with applicable tax law.
7. Suspension and termination
smiltap reserves the right to suspend or close an account in the event of fraud, abuse or breach of these Terms. The Beneficiary may close their account at any time, free of charge and without notice, from their profile or by contacting us.
8. Liability
smiltap uses reasonable means to ensure the availability of the service but cannot be held liable for interruptions caused by its providers (Stripe, Supabase, Vercel) or by events of force majeure. smiltap’s liability is limited to the amount of commissions received over the last 12 months.
9. Personal data
Data processing is described in detail in the privacy policy.
10. Governing law
These Terms are governed by French law. Any dispute will be submitted to the competent courts of Paris, after an attempt at amicable settlement.
11. Changes to the Terms
smiltap may change these Terms at any time. Any substantial change will be notified by email to registered Beneficiaries at least 30 days before it takes effect.