Square Buyer Account Terms of Use

Effective date: 12 March 2024

The Square Buyer Account Terms of Use (“Buyer Terms”) are a legal agreement between you (“you,” “your”) and Square AU Pty Ltd (“we,” “our,” “us,” “Square”), that govern when you create an account directly with Square (a “Square Buyer Account”). A Square Buyer Account enables you to securely store your personal information in order to manage your interactions with Square merchants (“Sellers”) when you use Square Pay, Square Customer Accounts, or Square Profile (collectively, the “Buyer Services”).
By using the Buyer Services, you agree to be bound by these Buyer Terms, and any policies referenced within (“Policies”), including our Privacy Notice for Square Buyer Services, terms that limit our liability (see Sections 13-15), and terms regarding individual arbitration for potential legal disputes (see Sections 18). You also agree to the following additional terms specific to the Buyer Services you use (“Additional Buyer Terms”), which become part of your agreement with us (collectively, the “Terms”).

• Square Pay Terms of Service. These terms apply when you store your payment and/or shipping information with us to be used at any Square-Powered Point of Sale (“Square-Powered POS”), including any site powered by Square Online Store (“Square-Powered Site”), and through Square Customer Accounts accessed through a Square Seller’s website, for future checkouts (“Square Pay”).

• Square Customer Accounts. A Square Customer Account provides a personalised browsing and checkout experience with Square Online Sellers that have enabled the Customer Accounts feature on their Square-Powered Site. For each Customer Account you sign up for, you can view your order history and manage repeat orders, view subscriptions, and interact with other features as may be added from time to time. You can also securely store and update your personal and payment information directly with Square for faster checkout at Square Sellers, subject to these terms and the Square Pay terms of service.

• Square Profile. Square Profile enables you to securely store your personal and payment information directly with Square and manage your programs, interactions, and communication preferences with Square and Sellers. You can also use Square Profile to download, update, or delete your contact information that we have on file.

1. Square Buyer Account Eligibility and Registration

When you use any of the Square Buyer Services, you will be required to register for a Square Buyer Account. During registration we will ask you for certain personal information, which may include but is not limited to, your name, email address, text-enabled mobile phone number, street address, postcode, and payment information (“Buyer Account Information”). You must provide accurate and complete information in response to our questions, and you must keep that information current. Square will securely save your Buyer Account Information to enable you to access the Buyer Services. Some Buyer Services may require additional information from you in order to function properly.

You are fully responsible for all activity that occurs under your Square Buyer Account as a result of any actions taken by persons to whom you have granted access to the Square Buyer Account or persons who have gained unauthorised access to your Buyer Account as a result of your failure to keep your Buyer Account details secure or otherwise your failure to comply with these Terms. We reserve the right to suspend or terminate the Square Buyer Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements, where doing so is reasonably necessary to protect Square’s legitimate business interests.

1. Revisions, Disclosures, and Notices

We may amend the Terms at any time with prior notice that we deem to be reasonable under the circumstances by posting the revised version on our website or communicating it to you through the Buyer Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. You can stop using the Services at any time by deactivating your Square Buyer without penalty. Any dispute that arose before the Revised Version is posted will be governed by the Terms in place when the dispute arose.

You agree to Square’s E-Sign Consent. We may provide disclosures and notices required by law and other information about your Square Buyer Account to you electronically, by posting it on our website, pushing notifications through the Buyer Services, or by emailing it to the email address listed in your Square Buyer Account or that you otherwise provided to Square. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact Square Support. If we are not able to support your request, you may need to terminate your Square Buyer Account.

1. Communications and Devices

Text Messages and Email Communications. By providing us with an email address and mobile number, either when you sign up for a Square Buyer Account or update the contact information associated with your Square Buyer Account, you consent to receive transactional text (SMS) messages and transactional and marketing email messages from Square and the Sellers that you transact with. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, and notifications regarding updates to your account or account support, and, for email messages only or upon valid consent, marketing and promotions. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt-out of text messages by replying STOP. You may opt-out of receiving marketing or promotional email communications we send by following the unsubscribe options on such emails. You acknowledge that opting out or unsubscribing from receiving communications may impact your use of the Buyer Services.
Compatible Mobile Devices and Third Party Carriers. We do not warrant that the Buyer Services will be compatible with your mobile device or carrier. Your use of the Buyer Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Buyer Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”

1. Restrictions

You may not, nor may you permit any third party, directly or indirectly, to:

• access or monitor any material or information on any Square system using any manual process or robot, spider, scraper, or other automated means;
• except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Buyer Service; work around, bypass, or circumvent any of the technical limitations of the Buyer Services; use any tool to enable features or functionalities that are otherwise disabled in the Buyer Services; or decompile, disassemble, or otherwise reverse engineer the Buyer Services;
• knowingly perform or attempt to perform any actions that would interfere with the proper working of the Buyer Services, prevent access to or use of the Buyer Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way materials, information or Buyer Services from Square;
• transfer any rights granted to you under these Terms;
• use the Buyer Services for transactions related to firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;
• use the Buyer Services for any illegal activity or goods or in any way that exposes you, other Square users, our partners, or Square to harm; or
• otherwise use the Buyer Services except as expressly allowed under these Terms.

If we reasonably suspect that your Square Buyer Account has been used for an unauthorised, illegal, or criminal purpose, you give us express authorization to share information about you, your Square Buyer Account, and any of your transactions with law enforcement, in accordance with applicable state and federal laws and regulations governing such information sharing.

1. Ownership

Your Content. The Buyer Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).

You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable,, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content via your Square Buyer Account or by terminating your Square Buyer Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offence or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or Intellectual Property Rights; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Square’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgement, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Square, its affiliates or its customers or other persons to harm or liability of any nature.

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. Square may also monitor such Content to detect and prevent fraudulent activity or violations of Square’s Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.

Square and Seller Content. Square reserves all rights not expressly granted to you in these Terms. Square owns the title, copyright, and other worldwide Intellectual Property Rights (as defined below) in the Buyer Services. These Terms do not grant you any rights to Square’s trademarks or service marks.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

Other marks on the Buyer Services not owned by Square may be under licence from the trademark owner thereof, in which case such licence is for the exclusive benefit and use of Square unless otherwise stated, or may be the property of their respective owners. These Terms do not grant you any rights to any trademarks or service marks on the Buyer Services.

Copyright and Trademark Infringement. We respect the intellectual property rights of others and ask you to do the same. We have adopted an Intellectual Property Policy which describes how we address any third-party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of repeat infringers.

1. Taxes

You are solely responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (including any penalties, interest, and other additions thereto) that may be imposed on you in connection with these Terms or any transactions you may enter into with Sellers.

1. Security

We have implemented technical and organisational measures designed to secure your personal information from accidental destruction, loss, alteration and from unauthorised access, use, alteration, or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information, including your Buyer Account Information, at your own risk.

You are solely responsible for safeguarding your password and for restricting access to the Services from your compatible mobile device(s) and computer(s). If you change your mobile phone number, you are responsible for preventing subsequent unauthorised use of your Square Buyer Account by taking appropriate measures to protect your account, such as promptly updating your account information or terminating your Square Buyer Account. You will immediately notify us of any unauthorised use of your password or Square Buyer Account or any other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with Square and provide all information requested by Square to remediate the breach. Any assistance provided by Square in relation to a security breach does not in any way operate as acceptance or acknowledgement that Square is in any way responsible or liable to you or any other party in connection with such breach.

Notwithstanding Sections 16 and 17, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Any Dispute in relation to our decision will be dealt with in accordance with Section 17.

1. Privacy

By using the Buyer Services, you acknowledge our data practices that apply to you, as set out in the Privacy Notice for Square Buyer Services (the “Privacy Notice”). The Privacy Notice explains how Square collects, uses and protects the personal information you provide to us where Square makes use of your personal information to provide you with the Buyer Services or for its own purposes. We will share your Buyer Account Information with the Sellers with whom you transact and otherwise process your personal information in accordance with our Privacy Notice. You are required to familiarise yourself with the Privacy Notice prior to using the Buyer Services.

1. Termination of Account

We may terminate these Terms, or suspend or terminate your Square Buyer Account or your access to any Buyer Service: (i) in the circumstances specified in Section X [Intellectual Property inrringment]; (b) if you have violated the terms of these Buyer Terms or any other agreement you have with Square or any of Square’s publicly available policies and (i) the relevant breach is material, which includes, but is not limited to, infringement of third parties’ intellectual property rights or breach of Section 4; (ii) the relevant breach cannot be remedied, or (iii) you have failied to remedy the relevant breach within a reasonable period of time, as set out in our notice to you; or (c) if you engage in fraudulent or illegal conduct or any other conduct which is in breach of applicable laws. We also may terminate these General Terms and any Additional Terms for convenience upon providing at least thirty (30) days’ advance notice to you. We may add or remove, suspend, stop, delete, discontinue or impose conditions on the Buyer Services or any feature or aspect of a Buyer Service provided we give you prior notice to the extent reasonably practicable in accordance with section 2 of these Buyer Terms. We will take reasonable steps to notify you of termination or these other types of Buyer Service changes by email or at the next time you attempt to access your Square Buyer Account.

You may also terminate the Terms applicable to your Square Buyer Account by deactivating your Square Buyer Account at any time without penalty.

1. Effect of Termination

If these Terms or your Square Buyer Account is terminated or suspended for any reason by you or Square: (a) the licence and any other rights granted under these Terms will end, (b) we will retain your information and account data stored on our servers in a manner that complies with our legal obligations, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Buyer Services, or for deletion of your Buyer Account Information or account data, to the extent permitted by applicable law. In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of these Terms, the following sections of these Terms survive and remain in effect in accordance with their terms upon the termination of these Terms: 2 (Revisions, Disclosures, and Notices), 5 (Ownership), 11 (Indemnity and Release), 12 (Representations and Warranties), 13 (No Warranties), 14 (Limitation of Liabilities and Damages), 15 (Third-Party Services and Links to Other Websites), 16 (Disputes), 17 (Binding Individual Arbitration), 18 (Governing Law), 19 (Limitation on Time to Initiate a Dispute), 21 (Assignment), 22 (Other Provisions).

1. Indemnity and Release

You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates, and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and reasonable expenses arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or Intellectual Property Rights; and/or (b) your violation of any law, rule, or regulation of Australia or any other country in relation to your use of the Buyer Services; except, in each case, to the extent arising from fraud, negligence or wilful misconduct of Square or its directors or officers.
You are solely responsible for your interactions with Sellers. To the extent permitted under applicable laws, you hereby release Square from any and all claims or liability related to any product or service of a Seller, including attorneys’ fees and costs, regardless of whether such product or service is available through the Buyer Services, any action or inaction by a Seller, including, without limitation, any harm caused to you by action or inaction of a Seller, a Seller’s failure to comply with applicable law and/or failure to abide by the terms of a Seller’s offering or any other product or service purchased or obtained by you from the Seller, and any conduct or speech, whether online or offline, of any other third party.

1. Representations and Warranties

You represent and warrant to us that: (a) you are at least 13 years of age; (b) you reside in Australia; (c) you are eligible to use the Buyer Services and have the right, power, and ability to enter into and perform under these Terms; (d) you are not barred from receiving products or services under applicable law; (e) you have the right to provide any and all information you submit to the Buyer Services or in relation to your use of the Buyer Services, and all such information is accurate, true, current, and complete; (f) you will not use the Buyer Services, directly or indirectly, for any fraudulent or other unlawful undertaking or in any manner so as to interfere with the operation of the Buyer Services; and (g) your use of the Buyer Services will be in compliance with these Terms.

1. Australian Consumer Law - Consumer Guarantees and Limitation of Liability

Nothing in these Terms is intended to exclude, restrict or modify the rights which you may have under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the “Australian Consumer Law”). If you are a Consumer, as defined in Section 3 of the Australian Consumer Law (“Consumer”), Square acknowledges that the Consumer Guarantees in Division 1 of Part 3-2 of the Australian Consumer Law will apply to the supply of goods or services (or both) under these Terms. Square’s liability for breach of a Consumer Guarantee is governed by this section 13.

“Consumer Guarantee” means a guarantee provided to a Consumer applicable to goods or services supplied or to be supplied under these Terms by operation of the Australian Consumer Law, including any Express Warranty.
To the extent permitted by law, Square’s liability for breach of a Consumer Guarantee is limited to:

• In the case of a supply of goods: (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or acquiring equivalent goods; or (iv) paying the cost of having the goods repaired; and

• In the case of a supply of services: (i) resupplying the services or (ii) paying the cost of having the services supplied again.

1. No Warranties

THE USE OF SQUARE IN SECTIONS 12 - 14 MEANS SQUARE, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).

SUBJECT TO APPLICABLE LAW, THE BUYER SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, SQUARE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

SQUARE DOES NOT WARRANT OR GUARANTEE THAT THE BUYER SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE BUYER SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE BUYER SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE BUYER SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Square does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party. Square does not have control of, or liability for, goods or services that are paid for using the Buyer Services.

1. Limitation of Liability and Damages

IF THE CONSUMER GUARANTEES APPLY, SQUARE’S LIABILITY IS LIMITED IN ACCORDANCE WITH SECTION 13.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SQUARE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE BUYER SERVICES. IN ALL CASES, SQUARE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL SQUARE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORISED ACCESS OR USE OF THE BUYER SERVICES OR YOUR SQUARE BUYER ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF SQUARE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE BUYER SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Buyer Services are controlled and operated from facilities in the United States. Square makes no representations that the Buyer Services are appropriate or available for use in other locations. Those who access or use the Buyer Services from other jurisdictions do so at their own volition. You may not use the Buyer Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Buyer Services are solely directed to individuals, companies, or other entities located in the United States.

1. Third-Party Services and Links to Other Websites

You may be offered services, products, and promotions provided by third parties, including but not limited to Sellers, and not by Square (“Third-Party Services”). If you decide to use these Third-Party Services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that Square is not responsible for the performance of any Third-Party Services. The Buyer Services contains links to third-party websites as a convenience to you. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Square. You agree that you access any such third-party website at your own risk, and that such website is not governed by the terms and conditions contained in these Terms. Square expressly disclaims any liability for these third-party websites. Please remember that when you use a link to go from the Buyer Services to a third-party website, our Privacy Policy is not applicable. Your browsing and interaction on a third-party website, including those that have a link in the Buyer Services, is subject to that third-party website’s own rules and policies.

1. Disputes

“Disputes” are defined as any claim, controversy, or dispute between or among you and Square and/or its processors, its suppliers, and/or its licensors (or their respective subsidiaries, affiliates, agents, directors, or employees), whether arising before or during the effective period of these Terms, including any claim, controversy, or dispute based on any conduct of you or Square that occurred before the effective date of these Terms, including any claims relating in any way to these Terms or your Square Buyer Account, or any other aspect of our relationship.

1. Binding Individual Arbitration

You and Square agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. Any Dispute arising out of or in connection with these Terms shall be submitted to final and binding arbitration in accordance with and subject to the Resolution Institute Arbitration Rules, as varied by this Section 18. The arbitrator shall be responsible for determining all threshold arbitrability issues, including, without limitation, whether these Terms (or any aspect thereof) are enforceable, unconscionable or illusory, and any defence to arbitration, including, without limitation, waiver, delay, laches or estoppel. For the avoidance of doubt, nothing in this Section 18 prevents either party from seeking urgent relief by way of interlocutory injunction.

Any arbitration under these Terms will only be on an individual basis. The arbitrator’s award shall be binding on the parties and may be entered as a judgement in any court of competent jurisdiction. For any claim where you are seeking relief, Square will not seek to have you pay its legal fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in Consumer cases) will be brought in, and you consent to the non-exclusive jurisdiction of the courts of Victoria.
Consumer claimants (individuals whose use of the Services is intended for personal, family or household use) may elect to pursue their claims in their local small-claims tribunal rather than through arbitration.

1. Governing Law

These Terms and any Dispute will be construed in accordance with, and governed by, the laws of Victoria, and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.

1. Assignment

Unless expressly authorised by Square, these Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Square without restriction.

1. Other Provisions

Except as expressly provided in these Terms, these terms are a complete statement of the agreement between you and Square, and they describe the entire liability of Square and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of the Buyer Services or the Square Buyer Account. In the event of a conflict between or among these Terms and any other Square agreement or policy, these Terms shall prevail on the subject matter of the Buyer Services. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that Square may have under trade secret, copyright, patent, or other laws. Square’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

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