Square Team Terms of Service
Last updated: August 17, 2020
The Square Team Terms of Service (“Team Terms”) is a legal agreement between you (“you,” “your”) and Squareup International Limited, a company incorporated in Ireland with company number 583287 whose registered office is at 70 Sir John Rogerson’s Quay, Dublin 2, Ireland (“Square”, “we,” “our” or “us”) that governs your Team Account and your use of the Team App (the “Services”) as a current or former employee or independent contractor of one or more Square Sellers (your “Employer” that are subscribed to Team Management.
By using the Services and clicking “Accept” you agree to be bound by these Team Terms, and you acknowledge the Privacy Notice for Square Sellers’ Employees. If you do not agree to any of the terms referenced above or set out below, you will not be permitted to use the Services.
Part One: Your Team Account
1. Description of Service
On behalf of your Employer and at no cost to you, Square provides the Services with features such as mobile access to your timecards, schedule, employee data, and estimated weekly wages based on data provided to Square by your Employer.
Access to the Services is provided to you by us on behalf of your Employer. Your access to the Services may be limited at your Employer’s discretion.
2. Your Team Account
To use the Services, you must create an account with Square (your “Team Account”) by clicking on the link sent to you by your Employer (or by Square on your Employer’s behalf) and registering your email address and a password.
3. Our Relationship to You
You acknowledge that your use of these Services does not create any employment, independent contractor, or third-party beneficiary relationship between you and Square. By using the Services, you acknowledge that your Employer is solely responsible for the accurate calculation and disbursement of your wages. As it concerns the Services, Square shall not be responsible for verifying, and to the extent permitted by applicable laws, Square disclaims any and all liability as to, the accuracy, timeliness, and completeness of any personal, wage, timecards or any other information you or your Employer provides or directly inputs via the Services.
You may receive service communications from us, including email, text messages, calls, and push notifications to the email address and/or the cellular telephone number you or your Employer provide to us when you sign up for the Services. Such communications may include, but are not limited to requests for secondary authentication, reminders and notifications regarding updates to your account or account support. To the extent that you have provided your consent to us, we may also send you marketing or commercial communications. You are not required to consent to marketing or commercial texts or calls as a condition of using the Services. Calls and text message communications to you 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.
If you consent to marketing or commercial communications by e-mail or text, you may also opt-out of continuing to receive such communications by following the unsubscribe options on such emails or to such texts. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls.
5. Information about Estimated Pay
Any estimated pay calculations provided through Team App are provided merely as a convenience for you and should not be relied upon in making financial commitments. This pay calculation may not reflect your actual pay, and is not a promise or guarantee as to any pay that you may be owed. The estimated pay calculation is an estimate of your regular gross earnings based upon information entered by you and your Employer and does not reflect withholdings, deductions, taxes, and may not include overtime, tips, commissions, bonuses, incentive pay, or other pay or remuneration. To the extent permitted by applicable law, Square disclaims any and all liability as to the accuracy, completeness, or method of calculation of any estimated pay data provided to you through the Services.
6. Termination of Employment with your Employer
If you are terminated by or discontinue your employment with your Employer, you may still access Team App and certain historical data within it . Such data includes but is not limited to, historical timecard data and personal information that you or your Employer has provided to Square on your behalf. Square is under no obligation to make this data available to you for any specific period of time following termination or discontinuation of your employment with your Employer and may remove your data from Team App for any reason within our sole discretion.
Part Two: Additional Legal Terms
Upon acceptance of these Team Terms, you confirm that you have read and understood Square’s Privacy Notice for Sellers’ Employees.
8. Revisions, Disclosures and Notices
Upon acceptance of these Team Terms, you confirm that you have read, understood, and accepted Square’s E-Sign Consent policy. You agree that Square can provide disclosures and notices required by law and other information about the Services to you electronically by posting it on our website, or by emailing it to the email address listed in your Team Account. You also agree that 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 24 hours of the time posted to our website, or within 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, you should contact Square Support. If we are not able to support your request, you may need to terminate your Square Team account.
Square may amend these Terms or Policies at any time with notice that it deems to be reasonable in the circumstances, by posting the revised version on Square’s website (the ‘Square Website’) or communicating it to you through the Services (each, a ‘Revised Version’). Each Revised Version will be effective as of the time it is posted. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. However, any dispute that arose before the changes will be governed by the Terms and Policies in place when the dispute arose.
9. Your License
Square grants you a personal, limited, non-exclusive, revocable, non-transferable, revocable license, without the right to sublicense, to electronically access and use the Services solely as contemplated in Part 1, in accordance with these Team Terms. The Services include our website, any mobile applications, software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto, and hardware products provided to you by Square. You will be entitled to download updates to the Services, subject to any additional terms made known to you at that time, when Square makes these updates available.
While we want you to enjoy the Services, you may not, nor may you permit any third party to do any of the following: (i) access or monitor any material or information on any Square system using any manual process or robot, spider, scraper, or other automated means unless you have separately executed a written agreement with Square; (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from Square; (iii) permit any third party to use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under these Team Terms; (v) violate the restrictions in any robot exclusion headers on the Services or any Square service or product, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services, except to the extent that such restriction is expressly prohibited by law; (vi) 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; (viii) damage, disable or impair the operation, functionality or availability of the Services (including by knowingly or recklessly introducing to the Services viruses, trojans, worms, logic bombs or other material which is malicious or harmful) or attempting to gain unauthorised access to the Services or to networks connected to it, through hacking, spoofing or any other means; (ix) distribute any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material on or through the Services; or (x) otherwise use the Services except as expressly allowed under this Section 9.
You may not access or use the Services if you are our direct competitor, or an agent of our direct competitor, except with our express prior written consent. In addition, you may not access the Services for any commercial purposes not related to your role with the Employer (including for the purposes of copying or reproducing any material on the Services, monitoring the availability or functionality of the Services, or for any other benchmarking or competitive purposes).
The Services are licensed and not sold. Square reserves all rights not expressly granted to you in these Team Terms. The Services are protected by patent, copyright, trademark, trade secret and other intellectual property laws. Square owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These Team Terms do not grant you any rights to Square’s trademarks or service marks.
For the purposes of these Team Terms, “Intellectual Property Rights” means patents, trade marks or names and service marks (whether or not registered) trade or business names or signs, logos, domain names, design rights, copyrights (both present and future and including rights in computer software), moral rights, registered designs, topography rights and know how (including technical and industrial information in any form including drawings, formulae, test results, reports and procedures), trade secrets, confidential information, database rights, and the right to apply for any applications for any of the preceding items, together with the rights in inventions, processes and all other rights similar to, or having similar or equivalent effect to, any of the above which may subsist now or in the future in any part of the world (whether or not capable of registration) and where such rights are enhanced by registration, any registration of such rights and applications and rights to apply for such registrations.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our other products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place Square under any fiduciary or other obligation. You grant Square and its affiliates a worldwide, non-exclusive, perpetual, royalty-free, fully-paid, transferable and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly display and otherwise commercialise any Intellectual Property Rights in your Idea in connection with the Services and/or Square’s business and you agree that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission of the Idea, Square does not waive any rights to use similar or related ideas previously known to Square, or developed by its employees, or obtained from sources other than you.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. You further acknowledge that you are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify Square Support of any unauthorised use of your password or Team Account or any other breach of security.
If your Team Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Team Terms in accordance with section 25, (b) to immediately stop using the Services, (c) that the license provided under these Team Terms shall end, (d) that we reserve the right to delete all of your information and account data stored on our servers in accordance with our applicable retention policy and practices, and (e) that to the greatest extent permitted by applicable law, Square shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion of your information or account data.
13. Suspension or Termination by Us
We may terminate these Team Terms, or we or your Employer may suspend or close your Team Account for any reason or no reason at any time upon notice to you. We may also suspend the Services and access to your Team Account if you (a) have violated these Team Terms, any other agreement you have with Square, or Square’s policies, (b) pose an unacceptable credit or fraud risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct. You may terminate these Team Terms at any time by closing your Team Account and no longer accessing or using the Services.
You will indemnify, defend, and hold each Square Entity harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) 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) any actual or alleged breach of your representations, warranties, or obligations set forth in these Team Terms; (b) your wrongful or improper use of the Services; (c) any transaction information by you through the Services; (d) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (e) your violation of any applicable law, rule or regulation; (f) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.
15. Representation and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these Team Terms; (c) the name identified by you when you registered is your name; (d) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services or Square’s business; and (e) your use of the Services will be in compliance with these Team Terms.
16. No Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SQUARE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SQUARE AND EACH SQUARE ENTITY DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. SQUARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SQUARE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
‘Square Entity’ means (i) Square or a subsidiary or an affiliate of such company (‘Square Company’), (ii) each of the licensors, suppliers and processors of each Square Company and (iii) each of the respective affiliates, officers, employees, agents or contractors of each entity set forth in clauses (i) and (ii).
17. Limitations of Liability and Damages
No Square Entity will be liable (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) for any: (a) loss of profit; (b) loss of sales, turnover, revenue, income or business; (c) loss of customers or contracts; (d) loss of or damage to reputation or goodwill; (e) loss of opportunity; (f) loss of anticipated savings; (g) loss of any software or data; (h) loss of use of hardware, software or data; (i) loss or waste of management or other staff time; or (j) indirect, consequential or special loss, arising out of or relating to these Team Terms, whether or not such loss was foreseeable or if the party which would otherwise be liable for such loss was advised of its possibility (and, for the purposes of this Section 17, the term ‘loss’ includes a partial loss or reduction in value as well as a complete or total loss).
To the greatest extent permitted by applicable law, no Square Entity will be liable to you or any other party, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss, damage, expense or liability incurred or sustained as a result of: (a) the use of the Services except for its normal intended purpose; (b) any adaptation or modification of the Services or integration or combination with any other product or material which is carried out by anyone other than Square or one of our affiliates or which is carried out without our express written consent; (c) errors, mistakes, or inaccuracies of the Services; (d) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Services; (e) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (f) any interruption or cessation of transmission to or from the Services; (g) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; (h) any errors or omissions in any content or data or for any loss or damage incurred as a result of the use of any content or data posted, emailed, transmitted, or otherwise made available through the Services; and/or (i) defamatory, offensive, or illegal conduct of any third party.
Neither your nor Square’s liability: (a) for death or personal injury caused by its negligence; (b) for fraudulent misrepresentation or for any other fraudulent act or omission; (c) for breach of any statutorily-implied term as to title to goods supplied; or (d) for any other liability which may not lawfully be excluded or limited, is excluded or limited by these Team Terms, even if any other term of these Team Terms would otherwise suggest that this might be the case.
Subject to the first, second and third paragraphs of this Section 17, any Square Entity’s total aggregate liability arising out of or relating to these Team Terms or its subject matter and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) will be limited to £500 (GBP).
Subject to the third paragraph of this Section 17, your total aggregate liability arising out of or relating to these Team Terms, including but not limited to the indemnity in Section 14, or its subject matter and to anything which it has done or not done in connection with same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise will be limited to £500 (GBP).
The Services are controlled and operated from facilities in the European Union and the UK. Square makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable European Union, UK and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are subject to sanctions under European Union, UK or United States law. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the European Union and/or the UK.
18. Binding Individual Arbitration
Any Dispute will be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration (‘LCIA’), which rules are deemed to be incorporated by reference into these Team Terms. The number of arbitrators will be one, unless the LCIA determines that, in view of all the circumstances of the case, a three-member tribunal is appropriate. The place and seat of arbitration will be London, England. The language to be used in the arbitration proceedings will be English. Any reference under this Section 18 will be deemed to be a reference to arbitration within the meaning of the Arbitration Act 1996. The arbitrator’s decision will be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Square will pay all the arbitration fees due to LCIA for any Dispute. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, Square will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Square also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorised users or beneficiaries of the Services. If any provision of this arbitration section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Notwithstanding the foregoing, nothing in these Team Terms or related documents will prevent any party from commencing proceedings and pursuing claims before a court of competent jurisdiction in accordance with the second paragraph of Section 19 in cases in which interim, injunctive or declaratory relief is required or where the right to issue proceedings would be prejudiced by the impending expiration of any applicable limitation period.
‘Disputes’ are defined as any claim, controversy or dispute between you and any Square Entity, including any claims relating in any way to these Team Terms, including in respect of their interpretation, subject-matter or termination, or the Services or any other aspect of your relationship with any Square Entity.
19. Governing Law
These Team Terms and any Dispute (including any non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales, without regard to choice of law or conflicts of law principles.
Subject to and without waiver of the arbitration provisions in Section 18, you irrevocably agree that the English courts in London, England will have exclusive jurisdiction to settle any Dispute, but any Square Entity is entitled to apply to any court worldwide for injunctive or other remedies in order to protect or enforce its Intellectual Property Rights and/or confidential information.
20. Limitation on Time to Initiate a Dispute
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
21. Right to Amend
We have the right to change or add to these Team Terms at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Services with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website at squareup.com or any other website maintained or owned by us for the purposes of providing services in these Team Terms. Any use of the Services after our publication of any such changes shall constitute your acceptance of these Team Terms as modified. However, any Dispute that arose before the modification shall be governed by the Team Terms (including the binding individual arbitration clause) that was in place when the Dispute arose.
These Team Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Square where we deem it reasonable to do so in the circumstances.
23. Third Party Services and Links to Other Websites
24. Other Provisions
Except as expressly provided in these Team Terms, these terms are a complete statement of the agreement between you and Square, and they describe the entire liability of each Square Entity and your exclusive remedy with respect to your access and use of the Services. In the event of a conflict between these Team Terms and any other Square agreement or policy, these Team Terms shall prevail on the subject matter of these Team Terms. If any provision of these Team 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 Team Terms. These Team 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 Team Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Team Terms shall be deemed a further or continuing waiver of such term or any other term. Nothing in these Team Terms creates legal rights or benefits enforceable by any person other than you or a Square Entity within the meaning of the Contracts (Rights of Third Parties) Act 1999.
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of these Team Terms, the following sections of these Team Terms survive and remain in effect in accordance with their terms upon the termination of these Team Terms: 3 (Our Relationship to You), 6 (Termination of Employment with your Employer), 10 (Ownership), 11 (Security), 12 (Termination), 13 (Suspension or Termination by Us), 14 (Indemnity), 15 (Representations and Warranties), 16 (No Warranties), 17 (Limitations of Liability and Damages), 18 (Binding Individual Arbitration), 19 (Governing Law), 20 (Limitation on Time to Initiate a Dispute), 21 (Right to Amend), 22 (Assignment), 23 (Third Party Services and Links to other Websites), 24 (Other Provisions) and 25 (Survival).