Additional Point of Sale Terms of Service
Effective Date: December 5, 2023
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 firstname.lastname@example.org 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.
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.
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, ensuring you have appropriate consent to sent those messages, and honouring 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 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 transactional and 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.
I. Square Messaging Services
A. Description. The Services that enable you to send email and text messages to your customers include Square Email Marketing, and Square Messages (“Messages”), which provides software and related management tools for communication with your Buyers via email and text messaging, including Receipts, and Square Loyalty, (collectively, “Messaging Services”).
Square Messaging Services other than Email Marketing are designed and intended for one-to-one transactional messaging between a Seller and a Buyer. Square Email Marketing is designed and intended for one-to-many marketing messaging between a Seller and multiple Buyers.
In these terms, “Square Messages” refers to all features and functionality offered by Square Messages unless expressly stated otherwise.
B. Eligibility. To be eligible to use the Messaging Services, you must (i) comply with all applicable laws regarding eligibility to sign up for and/or use the Messaging Services, and (ii) have not previously been suspended or removed from the Messaging Services or other Services as defined in the General Terms. Specific eligibility requirements for Messaging Services may vary depending on the specific product or service. To create a Square Messages account, you are also required to (i) be at least 18 years old, and (ii) have a Square Account in Canada activated for Payment Services with Square.
You assume full responsibility for all actions taken by all users of your account, including any of your employees, agents, contractors, and any others that may access any of the Services through your account.
You assume full responsibility for all actions taken by all users of your account, including any of your employees, agents, contractors, and any others that may access any of the Services through your account.
C. Service Availability. You understand and agree that the Messaging Services may experience service outages and disruptions, including based on issues relating to telephone carriers, service providers, or vendors that may be outside of Square’s control. Square will make reasonable efforts to promptly resolve service disruptions, but Square does not guarantee the Services will be uninterrupted and available at all times or at any particular time. You agree that Square is not liable for any damages relating to service disruptions, interruptions, or outages.
Square may impose rate limits, usage limits, and any other restrictions on the use and/or availability of the Services: (i) in our discretion; (ii) as may be required to comply with obligations to carriers, vendors, and partners involved in the delivery of the Services; (iii) to maintain the integrity of our Services; (iv) to safeguard Square Sellers, Buyers, and any other users of our Services; and/or (v) to comply with any applicable laws, regulations, or law enforcement requests. Square will make reasonable efforts to notify customers of changes materially impacting the operation of the Messaging Services but is not obligated to do so. Square reserves the right to modify, deprecate, replace, refuse access to, suspend, disable, or discontinue the Services, partially or entirely, in our sole discretion.
D. Telephone Carrier Policies. From time to time, telecommunication providers may change or modify their rules, requirements, and policies (collectively, the “Carrier Policies”). You are responsible for complying with all Carrier Policies that apply to your use of the Messaging Services and, by using the Messaging Services, you acknowledge that your failure to comply with the Carrier Policies may result in the termination of your ability to use the Messaging Services.
You agree that in no event shall Square have any liability to you for any damages of any kind or nature that arise out of: (i) your failure to comply with the Carrier Policies; and/or (ii) action or inaction on the part of any telecommunications carrier, including, but not limited to, a carrier’s failure or refusal to deliver any text messages sent through the Services.
You also agree that if Square is fined by a carrier or other regulatory body as a result of your failure to comply with applicable laws or Carrier Policies, Square may charge you for, and you will pay, the amount of such fine.
E. Emergency Calling and Messaging Not Supported. You acknowledge that the Messaging Services: (i) are not a National Public Alerting System; (ii) do not support or transport Emergency Services, such as calls or texts to 911 or enhanced 911, and will not be used to determine the physical location of you or your devices for these purposes; and (iii) are not a replacement for traditional voice, telephone or mobile phone services, including, but not limited to, calling, texting, or otherwise contacting Emergency Services, and does not function as such.
F. Your Data. By using the Messaging Services, you acknowledge our data practices that apply to you, as set out in the Privacy Notice for Square Sellers and Website Visitors (the “Privacy Notice”). The Privacy Notice explains how Square collects, uses, and protects personal information about you and your customers. You are required to familiarize yourself with the Privacy Notice prior to using the Services. Square reserves the right to withhold, remove, or discard any information on, sent through, or otherwise provided via the Messaging Services and/or your Square Messages account (“Messages Content”), with or without notice, if deemed by us, in our sole discretion, to be contrary to these Terms or as may otherwise be required by law. For the avoidance of doubt, we have no obligation to store, maintain, or provide you with a copy of any Messages Content that you or others provide when using the Service.
II. Acceptable Use Policy
Your use of the Messaging Services is subject to the following acceptable use policy (“Messages AUP”). These policies may be updated from time to time, and your continued use of the Messaging Services after such updates constitutes your agreement to the updated policies.
Square reserves the right to suspend, terminate, or otherwise modify your access to the Services for violations of the Messages AUP as determined in our sole discretion.
(i) Compliance with Applicable Marketing and Communications Laws and Industry Guidelines
You will comply with all applicable laws, rules, and regulations related to unsolicited or unwanted communications or telemarketing, including, but not limited to, an Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, also known as Canada’s Anti-Spam Legislation (“CASL”), the Telecommunications Act, and any other applicable federal, provincial, or local laws, rules, and regulations (collectively, the “Applicable Marketing and Communications Laws”). You will also comply with all Carrier Policies, including, but not limited to, the most current version of the Canadian Telecommunications Association (“CTA”) f/k/a Canadian Wireless Telecommunications Association’s Canadian Common Short Code Application Guidelines and Common Short Code (CSC) Code of Conduct and any other generally accepted industry policies or rules adopted by carriers, or other practices enforced by carriers.
You are solely responsible for: (i) collecting and maintaining your Buyer lists and other Buyer data in accordance with Applicable Marketing and Communications Laws and Carrier Policies; (ii) providing notice and obtaining consent from Buyers as required under Applicable Marketing and Communications Laws for your use of the Services, including but not limited to sending text messages; and (c) ensuring that all transactional, marketing, and promotional activities that you conduct through the Services comply with Applicable Marketing and Communications Laws and Carrier Policies, including but not limited to your Messages Content, and any contests, raffles, sweepstakes, or similar activities.
You agree that you will only send messages and communications that are within the scope of the consent obtained from a particular Buyer and you agree to honour any requests to unsubscribe or opt out from receiving further messages and any Buyer privacy choices and terms included in such messages, even if your Square Account is closed, suspended, or terminated.
To the extent Square provides guidance, templates, tooling, or suggestions via the Messaging Services or otherwise, the foregoing are provided solely for your convenience. Square does not assume any responsibility for your obligations under this Acceptable Use Policy, and you remain solely responsible for your own compliance, including any obligations to provide opt-out instructions in your messages where applicable. You should confer with your own independent legal counsel to determine whether your transactional and marketing activities and Messages Content meet your obligations under Applicable Marketing and Communications Laws and Carrier Policies.
(ii) Data and Use restrictions
The Messaging Services are not intended for the communication by text, voice recording, or email, of: (i) sensitive personal information; (ii) personal health information (“PHI”) as defined by the Personal Health Information Protection Act (“PHIPA”) or other equivalent provincial or federal legislation ; (iii) cardholder data (“CHD”), including primary account numbers (“PAN”) and personal identification numbers (“PIN”); or (iv) sensitive authentication data (“SAD”), such as card verification codes (i.e., CVC, CVV, CID); (v) customer proprietary network information; (vi)sensitive personal information, as defined under the Personal Information Protection and Electronic Documents Act (‘PIPEDA’) or other equivalent provincial or federal legislation ; or (vii) government identifiers that uniquely identify a natural person such as a social security number or passport number.
You agree that you will not ask for or provide via the Messaging Services information falling within any of the categories listed in this section. You further agree to not process payment transactions with CHD or SAD provided to you via the Messaging Services.
You are responsible for complying with, and ensuring your employees, contractors, agents, and any others that access the Services through your account comply with all applicable laws relating to the collection or use of any of the types of information listed in this section. You agree to comply with any Payment Card Industry Data Security Standards (“PCI-DSS”), as well as any requirements under the Network Rules, that apply to your use of the Messaging Services. You will also cooperate in forensic investigations as required by Square or its partners.
You agree not to perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure or that of our partners, vendors, and telephone carriers.
(iii) Third-Party Services and Integrations
You may not use the Messaging Services in connection with a third-party service or integration other than those offered by and/or officially supported by Square. Please contact Square if you have questions about other third-party integrations. If you use the Messaging Services, or any data obtained via the Messaging Services, in connection with a third-party service, whether through an integration offered by Square or otherwise, you are solely responsible for your use of such third-party service, including any disclosure or other processing of Buyer data in connection with such third-party service. Any use of a third-party service is at your own risk. Square will have no liability for your use of any third-party service in connection with the Services, and disclaims all responsibility for the functionality, security, availability, and operation of any third-party service.
(iv) Prohibited Uses and Content
You agree that you will not use the Services, or encourage, promote, facilitate, or instruct others to use the Services, to send messages that contain, offer, promote, reference, or link to any information or content (including payment for any associated services) related to any of the unsupported industries listed in Section 3 of the Square Payment Terms, which is incorporated into these Terms here by reference and may be updated from time to time.
You further agree you will not use the Services, or encourage, promote, facilitate, or instruct others to use the Services, to send messages that contain, offer, promote, reference, or link to any content prohibited by the Carrier Policies or Applicable Marketing and Communications Laws or to any of the following categories of activities or information:
- Illegal, Fraudulent, or Harmful Activities. Any activities that are illegal, violate the rights of others, or may be harmful to others and/or to Square, our operations, or reputation, including, but not limited to, offering, disseminating, promoting, or facilitating:
- An illegal lottery or other promotion in violation of Applicable Marketing and Communications Laws and/or Carrier Policies regarding gambling, contests, sweepstakes, and gaming;
- Illegal activities or goods, including paraphernalia that may be used for illegal activity;
- Child sexual abuse material (“CSAM”), child pornography, or other sexually exploitative content;
- Sex, Hate, Alcohol, Firearms, and Tobacco, and Cannabis or other prohibited content, as defined under the CTA Guidelines;
- Phishing or pharming activity;
- Fraud; or
- Malicious content, such as malware or viruses.
- Infringing content: Content, including images, that infringes or has the potential to infringe the intellectual property, privacy, or other proprietary rights of another, or that may be libelous, slanderous, or otherwise defamatory;
- Offensive or violent content: Content we determine, in our discretion, is inappropriate, offensive, harassing, abusive, or violent;
- Evasive Content: Content that is designed to evade filters, detection, monitoring, rate limits, and other content or service restrictions, including those imposed or managed by telecommunications providers, partners, or vendors. This includes intentionally misspelled words, “snowshoeing” (spreading similar or identical messages across many phone numbers with the intent or effect of overcoming carrier filtering systems and/or evading unwanted messaging detection and prevention), and the use of shared public Uniform Resource Locator (“URL”) shorteners, such as Bitly or TinyURL; and
- Spam: Content that is sent using spam bots or other similar systems, has altered or hidden mail headers, falsely identifies the sender, or assumes a sender’s identity without permission. You agree that you will not create a false identity or attempt to mislead others regarding the identity of the sender or the origin of any data or communications.
To report violations of this Policy, you may contact Square Support. You agree to notify us and provide assistance as requested if you become aware of any violation of this Policy.
(vi) Monitoring and Enforcement
We reserve the right, but do not assume any obligation, to monitor your Content, and to investigate any violation of this policy and these terms of service. We may disable, suspend, or terminate access to any user, Messages Content, or resource that violates these Terms or any other agreement we have with you for use of the Services. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We may also cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this Policy or other applicable law or regulation.
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.