Additional Point of Sale Terms of Service

Last updated: 30 January 2024

By using Square Point of Sale, Gift Cards, Square’s Online Community, Square Staff, Loyalty, Square Marketing and any associated products and services (the “Services”), you agree to be bound by the General Terms, these additional terms and conditions (“Additional Point of Sale Terms”), and all other terms, policies, and guidelines applicable to the Services you use, including, but not limited to, the Payment Terms if you accept payments through Square. If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business to these terms, and you accept these terms as an authorised person on behalf of that business. Defined terms have the same meaning as in the General Terms.

1. Gift Cards

If you purchase and offer gift cards, including eGift Cards, to your Buyers through Square, you (and not Square) are the issuer and administrator of your gift cards. If you have multiple business locations and do not manage your locations through a single Square Account, you must separately order gift cards for each business location where you wish to issue and redeem gift cards and print that business location on your gift cards.

Gift cards sold by you are “closed loop” gift cards that are only redeemable from you for your goods and services. You agree to pay our Fees on each issue of a gift card as well as all order, printing, shipping, and load fees for each order of gift cards. Our load fees are charged as a fixed percent of the total value loaded onto a gift card and are charged at the time of initial load and subsequent reloads in order for us to maintain the technological infrastructure to support your gift card program, including providing channels for you to sell online, including in bulk and as a group gift, load and clear balances, store gift cards as an on file payment method, view gift card analytics, and allow your customers to check their load balances. Your per-transaction gift card load fees are visible in the Dashboard. Square does not assess a fee on the redemption of a gift card to purchase goods or services from you, and you may not assess or impose any fees or charges on the issuance, maintenance, or redemption of gift cards. You may not issue a gift card with a value in excess of $2,000 or add value to a previously issued gift card so that the total funds loaded on a gift card at any time exceed $2,000. Further, you may not issue more than $10,000 in gift cards to any single person in any one day. You may not impose an expiration date on gift cards and any unused balance of a gift card must remain available to the holder of the gift card until fully redeemed, even if your Square Account is closed, suspended, or terminated. You may not provide a cash refund from or cash back on gift cards. Any amounts refunded must be returned to the debit or credit card used to purchase the gift card. If a purchase exceeds the holder’s gift card balance, the holder must pay the remaining amount with another payment method. All gift cards and the funds associated with gift cards are your sole property. Any liability for the use or misuse of your gift cards, and any third party claims arising from or relating to your gift cards, are your sole responsibility.

You are solely responsible for compliance with federal, state, and local laws that apply to your gift cards, including but not limited to notice and disclosure requirements, data protection laws, refunds, unclaimed property or escheat requirements (such as tracking, reporting, and remittance of unclaimed property balances in all states), and customer service for Buyers and holders of gift cards.

2. Online Community

Square provides an Online Community help forum for Sellers to share information and best practices relating to their use of Square Services. All Seller questions, answers, opinions, or information, whether text, image, or video, contributed to the Online Community constitute “Content” and are governed by Section 6 of the General Terms, including that you grant us, our affiliates and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, 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 in order to provide and promote the Services and Square’s business. By participating in the Online Community you acknowledge that you are participating in a public forum and have no expectation of privacy in your Content, which will be available to the public. Only Sellers may contribute to the Online Community. Square does not endorse and is not responsible for the accuracy, usefulness or applicability of Content posted in the Online Community. You may encounter content that is inaccurate, inapplicable, or offensive. If the possibility of encountering such content will be offensive or harmful to you, you should not participate in the Online Community.

If you provide suggestions, comments, proposals, feature requests, or other feedback with respect to our current or future products or Services, you agree that such content is not confidential or proprietary and shall not create any confidentiality obligations on us, you acknowledge that we may independently have similar ideas under consideration or development, and you are not entitled to compensation, payment or reimbursement of any kind for such content from us under any circumstances unless you are otherwise notified in writing by us. Square may remove posts that are offensive, that violate the Community Guidelines, or for any other reason we deem appropriate. Square may also limit or terminate your use of Online Community or our Services if, in our reasonable discretion, you abuse or inappropriately use the Online Community. Examples of the types of violations that may result in immediate post removal, suspension, or termination from the Online Community or our Services include:

• Violating any laws, the General Terms or Additional Terms, or infringing any third party rights;
• Posting any material that is false, misleading, defamatory or invasive of another person’s right of privacy or right of publicity;
• Posting any material that is harmful, obscene, harassing, offensive, or threatening;
• Collecting information about others without their consent;
• Copying, modifying or distributing Content or the Online Community content or otherwise infringing on copyrights and trademark rights;
• Solicitations of other Online Community users or SPAM of any kind;
• Using any material obtained through the Online Community for commercial purposes; and
• Continuous violations of Community Guidelines.

We have no obligation to monitor the Online Community but may do so at our sole discretion and as we deem appropriate. Please report inappropriate or offensive content, policy violations or other problems to community@squareup.com or flag it within the community.

3. Staff

You are responsible for verifying the accuracy, timeliness, and completeness of any personal, wage, timecards or any other information you, your employees, independent contractors or workers provide or directly input via the Services or any other method. We are entitled to rely upon, and are not obligated to independently verify, all such information. Employee, independent contractor and worker access to such Services does not create any contract, customer or employment relationship between us and your employees, independent contractors or workers. You understand and agree that we merely make such Team Management services available to your employees, independent contractors or workers on your behalf as a convenience.

We will not be liable for any penalty, interest or other liability that results from information you or your employees, independent contractors or workers supply. You are ultimately responsible for your compliance with all applicable laws or applicable collective bargaining agreements and any citations, fines, penalties or costs associated with noncompliance. You acknowledge and agree that Square Staff may not include all features and functionality necessary to run your business, to meet all reporting obligations applicable to your business, and for you to comply with all applicable laws, including but not limited to laws related to overtime and penalty pay requirements, time-keeping requirements, tip distribution requirements, notice and record-keeping requirements, laws about team member document storage and employment files, employee rest period and other scheduling requirements, and employee privacy. You are responsible for determining whether Square Staff meets your reporting needs and for use of the Services in a way that is compliant with applicable laws. We are not providing any legal, financial, accounting, tax or other professional advice to you by providing the Services. Square is not liable for any decision made by you to use Team Management in a manner that is not compliant with applicable laws.

Any estimated tip distribution calculations provided through the Services are exclusive of taxes. This feature may not be compatible with tip distribution requirements in your jurisdiction. Before implementing this feature, be sure to check your state and commonwealth laws regarding tip distribution to ensure you are fully compliant with all applicable laws, including all notice and recordkeeping requirements. Square is not liable for any decision made by you to use this feature in a manner that is not compliant with state and commonwealth laws.

If you enable the employee mobile clock-in functionality, you agree that you are responsible for ensuring that your use complies with all applicable privacy laws and regulations and that you comply with all your privacy obligations, including maintaining an employee-facing privacy policy and conducting a Data Protection Impact Assessment, if applicable.

While Square provides tooling to enable you to delete your team member’s data from your account, this functionality may not fully comply with the requirements of applicable privacy laws. To permanently delete your team member’s information, you must contact privacy@squareup.com. Once permanently deleted, your team member’s information will not be retrievable. You are solely responsible for retaining any and all data that you are required to retain under applicable employment law or any other applicable law.

We provide the services on your behalf. You agree to obtain necessary consent from your employees and independent contractors for Square to provide the Square Staff Services and to handle personal information.

You understand and agree that we make the Square StaffTeam Management and Shift Services available to your employees or independent contractors on your behalf as a convenience. You agree to obtain any necessary consent from your employees and independent contractors for Square to provide the Square StaffTeam Management and Shift Services and to process personal information. You acknowledge and agree that Square may transfer personal information over international borders as necessary for processing in accordance with Square’s standard business practices, and consistent with Square’s Privacy Notice for Sellers’ Employees.

4. Loyalty

By offering Loyalty to your Buyers via Square Loyalty, you acknowledge that you (and not Square) are the provider of the Loyalty program to your Buyers. You agree to pay fees for each business location where you wish to offer Loyalty, as set out on our Square Loyalty Pricing page. In offering the Loyalty program, you acknowledge that you are solely responsible for the goods and services you provide to your Buyers and for the use or misuse of your Loyalty program.

You agree that you will not offer your Loyalty program as a component of another financial product. In offering your Loyalty program, you may not permit a Buyer to hold value in excess of $4,500 in any single Loyalty account or, if your Buyer has more than one Loyalty account, in those accounts combined. You may not allow your Buyer to withdraw the value stored in their Loyalty account in cash.

As the provider of the Loyalty program, you agree to clearly disclose the terms and conditions of your Loyalty program to your Buyers, including: a) how a Buyer can earn, redeem and check their loyalty points; b) how and when points expire; c) that the Buyer’s loyalty point value cannot exceed $4,500 or be withdrawn in cash; d) that you will provide at least 30 days notice to the Buyer if you want to amend or terminate the terms of your Loyalty program; e) how a dispute between you and the Buyer will be dealt with; f) how a Buyer can opt out or unsubscribe from any loyalty marketing communication you send or is sent on your behalf; and g) how you will use a Buyer’s personal information.

5. Marketing and customer programs

Our services facilitate ways for you to send marketing or loyalty program messages to certain of your customers. Don’t spam your customers! You are responsible for the messages you send, making sure your customers are ok with you emailing or texting them, and complying with the law. Our services also include ways for your customers to reach you with their feedback. Don’t use the feedback feature inappropriately (for example, asking for anything other than feedback).

You may be able to use the Services to create, send and manage marketing and other messages to your customers (“Buyers”) who have consented to receive offers, marketing material, and updates from you. Square is not involved in or responsible for your marketing messaging to Buyers, except for providing the Services that facilitate the creation, delivery and management of messages by you to Buyers. You are responsible for marketing messages that you send using the Services, the Content of those messages, and honoring any customer privacy choices and terms included in such messages, even if your Square Account is closed, suspended, or terminated. In using the Services, you will not use purchased, rented, or third-party lists of email addresses, and you may not use the Services to send unsolicited bulk messages. If you offer a loyalty program to your Buyers through the Services, you agree to make available to your Buyers any terms and conditions applicable to your loyalty program. You further agree to notify your customers of any items you exclude from points eligibility under your Loyalty program. You are responsible for ensuring that your marketing messages, loyalty program and any associated rewards are compliant with applicable law, including laws governing privacy, spam, and prepaid cards and special offers such as rebates and coupons.

Buyers may be able to use the Services, including digital receipts, to submit feedback to you about their recent customer experience. When Buyers submit feedback using the Services, we share that feedback with you and allow you to send responses to Buyers who have enabled replies to their feedback. You may not use the feedback features of the Services: (a) to send responses to Buyers who have not enabled replies to their feedback, (b) to request Buyer Card Information, (c) to send Buyers marketing messages, requests for information, or other communications unrelated to their feedback, or (d) to send abusive, harassing, excessive or objectionable messages. If you do not wish to receive feedback or to report a problem with feedback from a Buyer, you should contact Square Support.

6. Instant Profile

If you enable the Instant Profile feature on your Square account, you agree and accept that you are responsible for complying with applicable privacy laws, including maintaining a customer-facing privacy notice regarding the collection and use of your customer’s data by you and Square. See the Office of the Australian Information Commissioner’s guidelines on Australian Privacy Principle 5 (Notification of the collection of personal information) for more detail.

7. Survival

Sections 1 (Gift Cards) and 2 (Online Community) will survive termination of these Additional Point of Sale Terms, in addition to those that survive under Section 13 of the General Terms.