Additional Point of Sale Terms of Service

Effective Date: May 20, 2022

By using Square Point of Sale (formerly Register) 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 used 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 agree that you accept all these terms, and have authority to enter into these terms, 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 to your customers 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 (as defined in the Payment Terms) on each issue of a gift card as well as all order, printing, and shipping fees for each order of gift cards. 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 in any single day 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 except to the extent required by applicable law. Gift cards may not be used for payment of a credit account.

At the time you issue a gift card, you must clearly disclose on the gift card itself, and on any packaging and promotional materials associated with the gift card, any restrictions, limitations and terms and conditions in respect of the use of such gift card, as well as contact information for the purpose of obtaining information about the gift card, including any remaining balance. 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, provincial, territorial, and local laws, rules and regulations that apply to your gift cards, including but not limited to notice, disclosure requirements and language requirements (including, without limitation, pursuant to the Charter of the French Language (Quebec), as applicable), expiration dates and fees, 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 Store

Your Square Account permits you to create, personalize, and maintain a website for your business using Online Store. If you use Online Store, you agree to make available to your buyers a refund policy applicable to their online purchases. You may not use the donations feature to accept donations for a nonprofit organization other than your own. If you sell live animals through Online Store, you agree to not deliver the animals using inhumane or cruel transportation methods.

3. 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 sole judgment, 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 [email protected] or flag it within the community.

4. Team Management

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 Team Management 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 premium pay requirements, tip distribution requirements, pay period and payment of wages laws, notice and record-keeping requirements, employee rest period and other scheduling requirements, the employee right to disconnect, and employee privacy. You are responsible for determining whether Team Management 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 Square Team App are exclusive of taxes. This feature may not be compatible with tip distribution, pay period, and payment of wages requirements in your jurisdiction or applicable Collective Bargaining Agreements. Before implementing this feature, be sure to check your provincial and local laws regarding tip pooling to ensure you are fully compliant with all applicable laws, including all notice and recordkeeping requirements and consider any contractual terms in place with any employees, including any Collective Bargaining Agreements, as to the treatment of any tips or gratuities. Square is not liable for any decision made by you to use this feature in a manner that is not compliant with federal, provincial, and local laws.

5. Invoices

Square Invoices allows you to create and send invoices to Buyers. Progress Invoices allow you to use a single invoice for a larger project that requires several distinct payments. You may use Progress Invoices to charge Buyers for separate goods and/or services related to a larger project. You may not use Progress Invoices to collect installment payments on a single good or service.

6. Loyalty

By offering Loyalty to your Buyers via Square’s Loyalty platform, 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. 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.

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) that you have the right to terminate your Loyalty program at any time; c) that you will provide at least 30 days notice to the Buyer if you want to amend the terms of or terminate your Loyalty program (60-90 days notice if you are located in Quebec); 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. You may not allow your Buyer to withdraw the value stored in their Loyalty account in cash.

7. Marketing and Customer Programs

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 and updates from you or who provided their contact information to you directly. 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.

8. Survival

Sections 1 (Gift Cards) and 3 (Online Community) will survive termination of these Additional Point of Sale Terms, in addition to those that survive under Section 12 of the General Terms.