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Legal

Additional Point of Sale Terms of Service

Last updated: August 4, 2017

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, that business accepts these terms. Defined terms have the same meaning as in the General Terms.

1. Marketing and Customer Programs

You may be able to use the Services to create, send and manage marketing messages to your customers (“Buyers”) who have elected to receive offers and updates from Square merchants they frequent or who provided their contact information to you directly. Square is not involved in 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 terms included in such messages, even if your Square Account is closed, suspended, or terminated. 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 are responsible for ensuring that your marketing messages, loyalty program and any associated rewards are compliant with applicable federal, state, or local laws, including laws governing 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.

2. Gift Cards

If you purchase and offer gift 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, 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 $1,000 or add value to a previously issued gift card so that the total funds loaded on a gift card in any single day exceed $1,000. 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. 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, 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.

3. 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.

4. Payroll

Square Payroll (“Payroll”) gives you access to additional features such as payroll calculation, payment and related tax reporting, and other related payroll services. If you use Payroll, the following additional terms apply to you:

You may only use Payroll in the United States. To use Payroll you must submit information we require to provide the Services, including your company’s tax information, employee and independent contractor wage and payroll information, and other information we may request. You assume sole responsibility for and will ensure that your payroll information, Content, data, documents or materials used, disclosed, entered into or created using the Services are accurate, reliable and complete, do not violate these terms or the General Terms, and comply with the Office of Foreign Assets Control of the U.S. Treasury and all other applicable laws or regulations. You are fully responsible for verifying the identity and work authorization of your employees and independent contractors in accordance with applicable law and all of the information you, your employees and independent contractors submit through the Services, including for any IRS or other penalties due to incorrect, inaccurate, incomplete or outdated information. You are responsible for verifying the accuracy, timeliness, and completeness of any personal, wage, payroll or any other information you, your employees or independent contractors 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. We will not be liable for any penalty, interest or other liability that results from inaccurate or incomplete information you supply. You may elect to provide your employees or independent contractors with access to a Payroll site where they can provide, view and update work related information and elections. You understand and agree that we merely make such Payroll site available to your employees or independent contractors on your behalf as a convenience. Employee and independent contractor access to such Payroll site does not create any contract, customer or employment relationship between us and your employees or your independent contractors.

In order to use Payroll, with regard to your W2 employees, you must complete IRS Form 8655 (Reporting Agent Authorization) naming Square Payroll, Inc. as your authorized reporting agent and any other forms or authorizations requested by us. Further, you hereby authorize Square, Inc. and its affiliates to take actions on your behalf as is necessary to effectuate the Services. By using Square Payroll, Inc. to pay independent contractors, you hereby authorize Square Payroll to make payments and filings, including Form 1099-MISC, on your behalf. You represent and warrant to us that you have obtained all consents necessary to provide us with the information required to provide the Services, including consent to access your employees’ and independent contractors’ bank accounts to process direct deposits of payments and to debit overpayments and payment errors. You acknowledge and agree that Payroll may not include all payroll features and functionality necessary to run your business and to meet all federal, state, and local payroll reporting obligations applicable to your business. For more information about Payroll, visit our Support Center. You are responsible for determining whether Payroll meets your business’ payroll and reporting needs, and we are not providing any legal, financial, accounting, tax or other professional advice to you by providing the Services.

You must have a Square Account with a linked, verified, ACH-enabled bank account. You authorize Square, Inc. and other authorized third parties to debit your linked bank account in the amounts necessary to (i) fund your direct deposits, (ii) pay any fees or charges associated with the Services, (iii) pay your payroll taxes, (iv) pay any debit, correction or reversing entry initiated, and (v) pay any other amount that is owing, including for Services provided by us to you unrelated to Payroll. You will maintain a sufficient balance in your linked bank account to pay disbursements, fees, payroll taxes or any other amounts due at the time required.

If you have insufficient funds in your linked bank account to pay amounts due at the time required, or if you refuse to pay, we may (i) debit amounts from your Reserve, payroll taxes withheld on your behalf, or from any other funding source associated with your Square Account, including but not limited to any funds deposited by you, due to you or other payment instrument registered with us, (ii) refuse to pay any unremitted payroll taxes, (iii) discontinue the Services, and/or (iv) immediately freeze, suspend, or terminate your Square Account or access to the Services.

Your employees or independent contractors may have the option, in their sole discretion, to instantly deposit their paycheck early. In the event your employee or independent contractor selects the instant deposit option, (1) they will be charged a 1% service fee, and (2) you instruct Square to transmit their paycheck less 1%.

Important Tax Information: Please be aware that you are responsible for the timely filing of tax returns and the timely payment of taxes for your workers, even if you have authorized us to file the returns and make the payments. Therefore, the Internal Revenue Service recommends that you enroll in the U.S. Treasury Department’s Electronic Federal Tax Payment System (EFTPS) to monitor your account and ensure that timely tax payments are being made for you. You may enroll in the EFTPS online at www.eftps.gov, or call (800) 555-4477 for an enrollment form. State tax authorities generally offer similar means to verify tax payments. Contact the appropriate state offices directly for details.

5. 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;
  • 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.

6. Survival

Sections 2 (Gift Cards) and 5 (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.