Square Pay Terms of Service

Effective Date: 1 March 2024

The following Square Pay Terms of Service (“Terms”) govern your use of the Square Pay service (“Square Pay” or “Service”), which allows you to conveniently save 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”), for future checkouts. You should read these terms carefully.

These Terms are 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). By using Square Pay, you agree to these Terms. We may change, update or amend these Terms from time to time to reflect certain service updates or other changes, in which case we will notify you. After such notification, by continuing to use Square Pay, you agree to the updated and amended version of these Terms as posted on this page.

1. How Square Pay Works

Opt-in to Square Pay

As you complete your transaction via a Square-Powered POS, you will have the option to save your shipping address and/or payment method for a faster checkout experience on your next transaction. If you opt-in to save your information via Square Pay, Square will collect and store certain information required to authenticate and process your current and future transactions via Square-Powered POSs. This information will include your (i) personal information, such as your full name, mobile phone number, and email address; (ii) payment information, such as your payment card information and billing address; and (iii) shipping address and preferred shipping method (collectively, your “Saved Information”). All of your Saved Information will be collected and stored in accordance with the Square Pay Privacy Notice.

Using your Saved Information in Future Transactions

After we’ve successfully collected and stored your Saved Information, it will be available to expedite your future transactions made via any Square Powered POS. At checkout, you will be prompted to enter your email address associated with your Saved Information. If your email address is recognized as linked to a valid Square Pay account, you will be prompted to choose the option “send a code” via SMS text message to the mobile phone number associated with your Saved Information (the “Verification Code’). After successfully verifying your identity by entering the Verification Code via the Square-Powered POS, your Saved Information will be securely recalled to complete your transaction.

Note that you will receive the Verification Code on your mobile phone via SMS text message. Standard message and data rates applied by your wireless carrier may apply to the text messages we send you. Please check with your mobile phone carrier for additional information.

Modifying your Saved Information or Opting Out of Square Pay

After successfully verifying your identity by entering the Verification Code, you can modify your payment card information by selecting “Use a different card.” To modify any other Saved Information, select “Edit.” You can do this at any time.

To opt out of Square Pay, select “Opt Out of Square Pay.” You may also opt out of Square Pay anytime by clicking here.

2. Your Responsibilities when Using Square Pay

Square Pay is designed to collect and store your Saved Information to help you checkout faster. Square is only responsible for collecting, storing and recalling your Saved Information. Your use of Square Pay does not, and it is not intended to, change your relationship with your credit card issuer, bank or the merchant with whom you’re transacting.

3. Termination of your use of Square Pay

These terms will continue in full force and effect until terminated by you or us. We reserve the right to discontinue your use of Square Pay if we believe that you are not in compliance with these Terms. We also reserve the right to discontinue or modify Square Pay for any reason, without notice to you.

If we decide to terminate your access to Square Pay, we will remove your Saved Information in accordance with our Square Pay Privacy Notice.

4. Representations and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age or the age of majority in your respective jurisdiction; (b) any information you provide in connection with Square Pay is accurate and true; (c) you will not use Square Pay, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Service or any other services we may offer; and (d) your use of Square Pay will be in compliance with these Terms.

5. No Warranties

THE SERVICES PROVIDED THROUGH SQUARE PAY 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 SERVICES PROVIDED THROUGH SQUARE PAY ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES PROVIDED THROUGH SQUARE PAY WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES PROVIDED THROUGH SQUARE PAY 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 SERVICES PROVIDED THROUGH SQUARE PAY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6. Limitation of Liabilities

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 SERVICE. 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 UNAUTHORIZED ACCESS OR USE OF THE SERVICES, 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 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 (OTHER THAN FOR DEATH OR PERSONAL INJURY CAUSED BY US), 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.

7. Disputes and Binding Individual Arbitration

“Disputes” means any claim, controversy, or dispute between you and Square, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these Terms or the Service, or any other aspect of our relationship.

The following arbitration terms shall apply:

Any Dispute between you and Square, arising out of or in connection with these Terms, including in respect of their interpretation, subject-matter or termination, 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 General 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 Dublin, Ireland unless otherwise required under the LCIA rules. The language to be used in the arbitration proceedings will be English. Any reference under this Section will be deemed to be a reference to arbitration within the meaning of the Arbitration Act 2010. 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 these arbitration terms is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

8. Assignment

These Terms, and any rights granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

9. Governing Law

These Terms and any Dispute are governed by the laws of Ireland, without regard to choice of law or conflicts of law principles.

However, if you are a consumer customer in the EU (e.g. you are not acting for the purposes of your trade, craft or profession), these Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

10. Other Terms

These Terms, and any applicable additional terms or notices, are a complete statement of the agreement between you and Square regarding Square Pay. In the event of a conflict between these Terms and any other Square agreement or policy, these Terms will prevail and control the subject matter of such conflict. If any provision of these Terms is invalid or unenforceable under applicable law, then it will 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.