General

Square Developer Terms of Service

Last updated: March 16, 2026

We’ve included annotations in the gray boxes below to emphasize certain portions of our notice and help guide you as you read them. Annotations aren’t part of the terms and have no legal effect, but they should help you follow the text.

These Square Developer Terms of Service (“Developer Terms”) are a legal agreement between you (“you,” “your”) and Block, Inc. (“Square,” “we,” “our” or “us”) governing your use of Square’s software development kit files (SDKs), tools, programs and utilities, as well as any plug-in or other application programming interfaces (“APIs”), sample code (including runtimes and libraries) and related documentation (collectively the “Developer Tools”). By using the Developer Tools, and related materials made available to you, you agree to be bound by these Developer Terms and any documentation and guidelines accompanying the Developer Tools, the General Terms of Service, the Privacy Notice, and all other terms, policies, and guidelines applicable to your use, including but not limited to, the Payment Terms if you accept payments through Square.

1. Your access to and use of Square Developer Tools and Content

Use our Developer tools and services only as in these terms and in our documentation. You are responsible for how you use our services. We can change or stop offering these services at any time.

You may use the Developer Tools to access information created or retained in a Square account (“Content”) and use Square payment processing services in connection with the applications, websites, products or services you operate and offer that interact with Developer Tools (“Your Service”). Any payment processing enabled by you via a Square API requires a Square account and is subject to the General Terms. You are solely responsible for, and Square disclaims all liability for, Your Service.
Your use of the Developer Tools and Content is subject to certain limitations on access, calls and use as set forth in these Developer Terms, in the Square documentation accompanying such Developer Tools, or as otherwise provided to you by Square. If Square assigns you developer credentials or client IDs, you must use them with applicable Developer Tools. You will not misrepresent or mask either your identity or Your Service’s identity when using the Developer Tools or developer accounts. If Square believes that you have attempted to exceed or circumvent these limitations, your ability to use the Developer Tools and Content may be temporarily or permanently blocked.
Square may update the Developer Tools at any time, and may discontinue support for previous versions of the Developer Tools at Square’s sole discretion. Square will make reasonable efforts to notify you when a version of the Developer Tools will no longer be supported.
If Your Service enables Square account holders (“Square Sellers”) to access their Content, Square Sellers must be presented with the ability to log into Square via the OAuth protocol. Sellers without a Square account should be given the opportunity to create a new Square account as provided by Square. You will not solicit or store Square passwords.
You will use the Developer Tools and operate Your Services which access the Developer Tools only as permitted by law (including without limitation, laws regarding the import or export of data or software, privacy, or data-security as applicable). You will not use the Developer Tools to encourage or promote illegal activity. You will only access the applicable Developer Tools following the implementation instructions and other requirements specified in the documentation for such Developer Tools, or as otherwise provided by Square from time to time.
You are fully responsible for the security of data on your site and processed via Your Services. You agree that at all times you and Your Services will, at your effort and expense, be compliant with the Payment Card Industry Data Security Standard (PCI DSS), the Payment Application Data Security Standard (PA-DSS), as applicable, and all applicable laws bearing on data privacy and cybersecurity. At Square’s request, you will promptly provide us with documentation evidencing your compliance with PCI DSS, PA-DSS, and/or applicable law. You will use and access the Developer Tools in accordance with the documentation and instructions provided by Square and in no circumstances will you store, process or transmit any cardholder’s account number, expiration date, or CVV2 except as described in that documentation. Further, you may not disclose card information to any third party, other than in connection with processing card transactions requested by your customer under Your Service and in a manner consistent with PCI DSS and applicable law.
You provide Square with a paid-up, royalty-free, revocable, worldwide, non-exclusive, non-transferable license to use Your Services for testing, review or other related purposes to ensure that Your Services comply with these Developer Terms. You may revoke this license at any time by providing written notice to us. If you revoke this license, your access to the Developer Tools and Content will immediately terminate.
If Your Service is provided at a fee to your customers, the fees you charge will be identified separately from the fees Square charges for its services.
If you are using the Developer Tools to access and use the Apple Pay Web APIs and Apple Pay Platform, you must first accept the Apple Pay Platform Web Merchant Terms and Conditions.
If you are using the Developer Tools to access and use the Google Pay API, you must first accept the Google Pay API Terms of Service.
You may use certain Square APIs to facilitate payment collection by Square from Square Sellers. Where available, Square APIs may be used to facilitate your collection of fees from Square Sellers. You are responsible for clearly and accurately describing the fees you collect from Square Sellers and obtaining all required consents in connection with those fees, and you will notify Square Sellers prior to making any changes to those fees. If you are utilizing Square APIs in order to charge fees to Square Sellers on a per-transaction basis, then you authorize Square to act as your agent for the limited purposes of holding, receiving, and disbursing payments, consisting of and/or sourced from such Square Sellers’ payment processing proceeds. You acknowledge and agree that Square does not act on your behalf or on the Square Sellers’ behalf as money transmitter or a money services business (as those terms are commonly construed under applicable law) or in any other similar capacity except as expressly provided in these Developer Terms. You acknowledge and agree that you will be solely responsible and liable for collecting and remitting to the applicable governmental taxing authority any sales, use, value-added or similar taxes that may be applicable to your sales of Your Service utilizing Square APIs (“your Indirect Taxes”), as well as resolving any disputes that may arise between you and any Square Seller who uses Your Services. Notwithstanding the foregoing, where Square is required by applicable law as marketplace facilitator/provider (when utilizing Square APIs to facilitate payment collection by Square from Square Sellers) to collect your Indirect Taxes and remit such taxes to a state or local tax authority, you acknowledge and agree that Square may calculate, collect, and withhold your Indirect Taxes on a per-transaction basis from your payment processing proceeds, in order to remit your Indirect Taxes to the applicable governmental taxing authority.

2. Developer Tools Access Prohibitions

Don’t resell or sublicense our developer tools or content, don’t create a service that does the same thing that we do, don’t create a service that allows for migration of sellers from Square, and don’t use Square Content or data to train or otherwise enhance any AI System.

You will not, nor will you permit another party to:

sell, rent, lease, sublicense, redistribute or syndicate access to the Developer Tools or to Content other than your own;
create a service that functions substantially the same as the Developer Tools or any Square service;
create a service that allows Square Sellers to migrate from Square to a third party service or platform, unless Square, at its sole discretion, does not otherwise prohibit or impose conditions on the creation of such service; or
use any Content or other data received from Square (anonymized or not) to train or otherwise enhance any “AI System” (as defined in Section 7).

3. Content Prohibitions

Don’t access or store a Square seller’s information unless that seller allows it. If allowed, don’t abuse your access, and be clear to the seller why and how you will be using their content. Delete and stop accessing content if the seller no longer wants your app to access their information.

You will not, nor will you permit another party, without the express consent of the Square Seller, to:

scrape, access, download, store, build databases or otherwise create permanent copies of any Square Seller’s Content, including Content related to or provided by any customer of any Square Seller;
copy, translate, modify, create derivative work of, sell, lease, sublicense, distribute or publicly display any of such Square Seller’s Content; or
make statements or represent yourself or Your Service as an agent of Square.

Additionally, you and Your Service will clearly identify its purpose to the Square Seller and not mislead or deceive Square Sellers with respect to the functionality Your Service performs on behalf of the Square Seller or to what Content Your Service may access, store, and manipulate.

If a Seller who uses your application revokes your permission to access their Content (“Revoking Seller”), you agree to: (a) immediately stop accessing the Revoking Seller Content, and (b) delete any and all Revoking Seller Content from your systems. You further agree that Square has the right to audit your deletion of the Revoking Seller Content at any time, including after your Square account has been terminated.

4. Submission of Content

We have broad license rights over content you submit or display through our service. We will only use your content to provide our services and as allowed under our privacy notice. You agree that you have the rights needed to license us content you submit through our services.

Certain Developer Tools allow for the submission of content, and except as expressly provided in these Developer Terms, Square does not acquire any ownership of any intellectual property rights that you or the Square Sellers hold in the content that you submit using the Developer Tools. By submitting, posting or displaying content to or from the Developer Tools through Your Service, you give Square a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such content. However, Square will only use such content for the purpose of enabling Square to provide its services, the Developer Tools and only in accordance with the Privacy Notice and other applicable policies. You represent that, before you submit content via the Developer Tools and Your Service, you have the necessary rights (including any necessary rights from Square Sellers) to grant us the license.

5. Use of Square Marks

We own the Square logos and trademarks that we make available through our services, and you may use them on our terms. We may change our marks at any time and you must use current versions.

We may also periodically make available certain Square logos, trademarks, or other identifiers for your use as set forth in Built with Square (“Square Marks”). If we do so, you will use them subject to and in accordance with Square’s then current Built with Square and Square for Developers Trademark Terms. Square may limit or revoke your ability to use Square Marks at any time. All rights not provided in the Square for Developers Trademark Terms are expressly reserved by Square. We may change Square Marks from time to time. In the event that Square Marks or Square for Developers Trademark Terms are changed, you will (a) use the current version of the Square Marks and (b) use Square Marks consistent with the then current Square Trademarks Terms.

6. Ownership. Feedback

We own all rights in our tools, marks, content and services. Square sellers retain rights to their content. You retain rights to your apps, websites, products or services that interact with our services.

We can freely use any feedback you give us at no charge.

You expressly acknowledge that Square or the Square Seller retains all worldwide right, title and interest in and to Content, including all intellectual property rights therein.

You also acknowledge that as between you and Square, Square owns all right, title and interest in and to the Developer Tools, Square Marks, and Square services (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You agree not to do anything inconsistent with such ownership. Any rights not expressly granted herein are withheld.

Subject to Section 1 above and this Section 6, as between you and Square, you retain all worldwide right, title and interest in and to Your Service, including but not limited to all intellectual property rights therein.

You may provide Square with comments concerning Content or the Developer Tools or your evaluation and use thereof. You agree that Square and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense, incorporate, and otherwise use the feedback, including derivative works thereto, for any and all commercial and non-commercial purposes with no obligation of any kind to you.

7. AI Usage

If you use Square’s Developer Tools and incorporate AI in the provision of your services, you make certain reps and warranties to Square, as described below.

Without limiting any other provisions in these Developer Terms, including but not limited to any prohibitions contained in Section 2 above, you represent and warrant to Square that: (a) any AI System used by you complies with all laws and regulations; and (b) you have obtained sufficient rights, consents, and disclosures necessary to use any data used to train or otherwise enhance the AI System.

You acknowledge that the AI Systems can make mistakes or provide incorrect, inaccurate, or offensive outputs, including text, audio, images, content, data, or other output. It is your responsibility to always check the accuracy and appropriateness of the outputs.

You should not use any AI Systems or outputs in any way that is harmful, misleading, or violates the rights of any person or entity. In addition to Square’s other rights, Square reserves the right to suspend, terminate, or otherwise modify your access to Developer Tools as determined in our sole discretion if we identify any such misuse.

In addition to any limitations covered in other applicable terms, you agree that you will not access or use, or allow, encourage, facilitate, or instruct others to access or use, AI Systems or outputs in a manner that:

Makes decisions impacting the terms or conditions of hiring or employment;
Misleads anyone that the content generated by AI Products is human-generated;
Generates or disseminates:
1. Content that is misleading, illegal, fraudulent, deceptive, or could lead to harm; abusive, hateful, inflammatory, or could lead to harm (such as self-harm, discrimination, bullying, humiliation, or other emotional harms);
2. Content that may violate or infringe upon the rights of others, including privacy or data protection rights, intellectual property rights, and other proprietary rights;
3. Content that may be libelous, slanderous, or otherwise defamatory;
4. Political content, including for dissemination in electoral campaigns;
5. Spam, ransomware, keyloggers, viruses or other software;
6. Content that contains corrupted data or any other harmful, disruptive, or destructive files;
7. Hateful, harassing, abusive, violent, or highly offensive content that attacks or dehumanizes a group based on race, ethnicity, national origin, religion, serious disease or disability, gender, age, or sexual orientation;
8. Contains adult content, pornographic material, images of explicit nudity, depictions of graphic violence or gore, or content that otherwise promotes, glorifies, or threatens violence;
9. Content promoting or generating violent extremism or terrorist content;
10. Content that encourages committing any type of crimes; or
11. Content related to child exploitation or sexual abuse.
Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
Violates any applicable laws or regulations or promotes, contributes to, or encourages illegal or unlawful activity or activity that gives rise to civil liability; or
Overrides safety or privacy filters, controls, or mechanisms.

“AI System” means any machine-based system that can perform tasks with some level of independence, and that may learn or improve over time after it has been deployed. An AI System uses inputs to generate outputs that can influence the physical or virtual world. This includes systems that use machine learning, generative AI, and other forms of artificial intelligence, along with the data, models, and other components (like weights and training sets) they rely on.

8. Termination

We can terminate or refuse your access to the tools at any time, for any reason. We can also change or discontinue a certain tool or feature at any time. You can terminate these developer terms by deactivating your Square Account at any time.

We may terminate these Developer Terms, suspend or terminate your Square account at any time for any reason, including, but not limited to, where Your Service allows Square Sellers to migrate from Square to a third party service or platform. We may add or remove, suspend, stop, delete, discontinue or impose conditions on the Developer Tools or any feature or aspect of the Developer Tools. We will take reasonable steps to notify you of termination by email or at the next time you attempt to access your Square account or the Developer Tools. You may also terminate these Developer Terms by deactivating your Square account at any time.

If these Developer Terms or your Square account is terminated or suspended for any reason: (a) the license and any other rights granted under these Developer Terms and any other applicable terms will end, (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) Square shall not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of your Developer Tools, or for deletion of your information or account data.

If your Square account is terminated or suspended, you agree to: (a) continue to be bound by these Developer Terms, (b) immediately stop using the Developer Tools; (c) immediately stop accessing all Square Seller Content; and (d) delete all Square Seller Content from your systems. You further agree that Square has the right to audit your deletion of all Square Seller Content, including after your Square account has been terminated.

9. No Warranties

While we do our best to bring great products and services to our customers, we provide them as-is, without warranties. We are not responsible for any goods and services that you might buy or sell using Square’s services.

DEVELOPER TOOLS 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 DEVELOPER TOOLS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE DEVELOPER TOOLS WILL MEET YOUR REQUIREMENTS; THAT THE DEVELOPER TOOLS 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 DEVELOPER TOOLS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DEVELOPER TOOLS ARE 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 services advertised or offered by a third party. Square does not have control of, or liability for, goods or services that are paid for using the Developer Tools.

10. TCPA Compliance

As described below, you are responsible for compliance with the Telephone Consumer Protection Act and other “Calling Laws”.

You represent and warrant that you will act in compliance with all applicable laws, including but not limited to the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., and all implementing rules, orders, and regulations of the Federal Communications Commission, 47 C.F.R. § 64.1200 et seq., and the Federal Trade Commission, 16 C.F.R. § 310, the Do-Not-Call Implementation Act and the Do-Not-Call list registry rules, and all other state, local, or international laws, rules, regulations, and guidelines related to calling, texting, telemarketing, and telephonic solicitation (the “Calling Laws”). Without limiting the foregoing, you acknowledge and agree that you will, in accordance with applicable law, screen all applicable phone numbers against the National Do-Not-Call Registry, any internal do-not-call lists, and any applicable state do-not-call lists at the required intervals prior to initiating any telemarketing calls or text messages, and will maintain records evidencing such compliance. Without limiting the foregoing, you acknowledge and agree that you will provide all notices and obtain all proper consents and permissions necessary to lawfully transmit calls or text messages to Square Sellers and other recipients of calls or text messages sent to phone numbers that are acquired by you in connection with Square services, and will collect and maintain all such consents and permissions. Furthermore, you acknowledge and agree that you shall screen all phone numbers you acquire in connection with any Square service against the Federal Communications Commission’s Reassigned Numbers Database no less frequently than once every forty-five (45) days, or at such other commercially reasonable interval, to confirm that such phone numbers have not been reassigned to a new subscriber for whom you may not have obtained requisite consent and permissions. You acknowledge and agree that you will honor all consumer opt-out requests immediately and shall not transmit or cause to be transmitted calls or SMS or MMS text messages to any recipient who has opted-out, withdrawn consent, or for whom you do not otherwise have all necessary and proper consents and permissions to communicate with. Notwithstanding anything to the contrary in these Developer Terms, you acknowledge and agree that you will not make any marketing calls or send any marketing text messages to phone numbers that are acquired by you in connection with Square services, and that any calls you make or text messages you send to such numbers will be considered transactional in nature under the Calling Laws. You acknowledge that you are solely responsible and liable for any and all calls or messages sent to phone numbers that you acquire in connection with Square services. Notwithstanding anything to the contrary in these Developer Terms, you will not send, or cause to be sent, any call or text message to any phone numbers that you acquire in connection with Square services that contain or reference the name, logo, or mark of Square, Square subsidiary, or Square affiliate.

11. Limitation of Liability

As described below, if something bad happens because of your use of our services, our liability is capped.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 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 DEVELOPER TOOLS. 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 DEVELOPER TOOLS OR YOUR SQUARE ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SQUARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE DEVELOPER TOOLS OR CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE DEVELOPER TOOLS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DEVELOPER TOOLS; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE DEVELOPER TOOLS BY ANY THIRD PARTY; (VI) 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 DEVELOPER TOOLS; AND/OR (VII) YOUR SERVICES.

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 PRECEEDING 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, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

12. Indemnity

If you do something that gets us sued or fined, you agree to cover our losses and damages.

You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) 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 Developer Terms, including without limitation any violation of our policies; (b) your wrongful or improper use of the Developer Tools or Content; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country, including but not limited to any alleged violations of Calling Laws; or (e) any other party’s access and/or use of the Developer Tools with your unique name, password or other appropriate security code.

13. Modification of Terms

We may make updates to our terms or service at any time. By continuing to use our services after these updates, you will be agreeing to the revised terms.

We may amend these Developer Terms and the documentation and guidelines accompanying the applicable Developer Tools, at any time with notice that we deem to be reasonable in the circumstances, by posting the revised version on our website or communicating it to you through your Square account (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. The Revised Version will also have the effect of superseding any prior TCPA Addendum to which you have agreed. Your continued use of and access to the Developer Tools after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined in Section 14) that arose before the changes will be governed by the terms of service in place when the Dispute arose.

14. Binding Individual Arbitration

This section provides details about how we will resolve disputes through the arbitration process.

“Disputes” are defined as any claim, controversy, or dispute between you and Square, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of these Developer Terms, and including any claim, controversy, or dispute based on any conduct of you or Square that occurred before the effective date of these Developer Terms, including any claims relating in any way to these Developer Terms, or any other aspect of our relationship.

General. You and Square agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be individually arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SQUARE. Nothing in this agreement prevents you or the Company from settling Disputes on a class, representative, or consolidated basis. If any term of this arbitration agreement in this Section is found unenforceable, including the Bellwether Arbitration procedures described below, the unenforceable term will be severed, and the remaining terms will be enforced (but in no case will there be a class action, consolidated action, mass action or representative action arbitration).

Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is commenced, you or Square agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Terms. To provide this opportunity, before commencing any arbitration, proceeding in small claims court, or lawsuit (when permitted by this arbitration agreement), each party agrees to send to the other party a written Notice (“Notice”). Any Notice to Square should be sent by mail to Block, Inc., Attn: Arbitration Agreement, 1955 Broadway, Suite 600, Oakland, CA 94612. Any Notice sent to you will be mailed to the address on file for your account. The Notice must: (i) include your name, mailing address, email address and phone number associated with your account, and account number; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; (iii) set forth the specific relief sought, including an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages; and (iv) be personally signed by you or Square, as applicable. A Notice is only valid when it pertains to, and is on behalf of, an individual party. A Notice brought on behalf of multiple parties is invalid as to all. Both parties agree that they will attempt to resolve a Dispute through an informal negotiation within sixty (60) days from the date the Notice is received and you and Square therefore agree that, before either you or Square demands or attempts to commence arbitration or litigation (where permitted) against the other, both parties will personally meet and confer, via telephone or videoconference, with each other in a good-faith effort to resolve informally any Dispute. These informal resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration or litigation (where permitted); multiple parties initiating claims cannot participate in the same informal resolution conference, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. Engaging in an informal resolution conference is a requirement that must be fulfilled before commencing arbitration or litigation (where permitted). Any statute of limitations shall be tolled while the parties engage in the informal resolution process required by this paragraph. After that sixty (60) day period and not before, and after the informal resolution conference has occurred and not before, either party may elect, in a written Notice to the other party as described above, that it will pursue the matter either through small claims court or arbitration. The party receiving the notice shall then have seven (7) days to respond, including to elect for the case to be heard by a small claims court with jurisdiction. After that seven (7) day period and not before, either party may commence arbitration if not proceeding in small claims court with jurisdiction. You agree that compliance with the informal resolution process described above is a condition precedent to commencing arbitration or filing a claim in small claims court. A party’s failure to satisfy this condition precedent entitles the opposing party to seek immediate dismissal of the arbitration or litigation (where permitted) and the right to seek reimbursement for its costs. If either party elects small claims court, the Dispute will be resolved in that forum and not through arbitration. Each party agrees that state courts in the City of Oakland and County of Alameda, California, or federal court for the Northern District of California, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph. Each party also agrees that state courts in the City of Oakland and County of Alameda, California, or federal court for the Northern District of California may address whether a claim filed in small claims court or in arbitration has been previously released.

Scope of Arbitration. If we and you are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by National Arbitration Association and Mediation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules and Procedures (the “NAM Rules”), and this Section. In the event NAM is unavailable to administer the arbitration, either party may invoke 9 U.S.C. § 5 to request that a court appoint the Arbitrator. Except as set forth above, and for Disputes subject to jurisdiction in small claims court, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the General Terms, Developer Terms and/or Additional Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the arbitration provider but before an Arbitrator has been selected, and the claim is subject to the jurisdiction of the filing party’s local small claims court, the other party can send a written notice to the opposing party and the arbitration provider requesting that the Dispute be decided in small claims court. Upon receipt of such notice, and if all outstanding arbitration service fees have been paid, the arbitration provider shall then administratively close the case.

Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. So long as it is consistent with the NAM Rules, the arbitration shall occur through the submission of documents to one Arbitrator. To the extent the Arbitrator determines that a hearing is required, the arbitration shall be conducted remotely by telephone or video conference. To the extent that the Arbitrator determines that an in-person hearing is required, the arbitration hearing will take place as close to your hometown as practicable. You and Square will have the right to file early or summary dispositive motions. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Square values your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an Arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect with respect to disputes involving other parties.

Bellwether Arbitration Procedures. You and Square agree that if twenty-five (25) or more similar individual arbitration demands are brought against you or us by or with the assistance of the same or coordinated counsel or entities (“Mass Proceeding”), the parties shall select twelve (12) individual arbitration demands (six (6) per side) for arbitration to proceed (“Bellwether Arbitrations”). The determination of whether or not a demand/demands is/are part of a “Mass Proceeding” is in the arbitration provider’s sole discretion; however, either party can request the appointment of a Procedural Arbitrator (as described below) if they do not agree with the arbitration provider’s determination.

While the Bellwether Arbitrations are adjudicated, all other demands for arbitration that are part of the Mass Proceeding shall be held in abeyance and stayed, and no party shall be responsible for paying any administrator or arbitrator fees (other than the arbitration provider’s initial filing/administrative fees, and Procedural Arbitrator fees, if applicable) with respect to such stayed demands while the Bellwether Arbitrations are adjudicated. Any applicable statute of limitations shall be tolled as to non-Bellwether Arbitrations demands when such non-Bellwether Arbitrations are held in abeyance. The tolling period will begin when the claimant first provided the Notice of its intent to initiate an informal resolution conference as described above.

Any party may request, within five (5) business days of being notified by the arbitration provider that a Mass Proceeding exists, that the arbitration provider appoint a sole procedural arbitrator (“Procedural Arbitrator”) to determine initial questions that arise in the Bellwether Arbitrations, including whether the Bellwether Arbitration procedures are applicable or enforceable, whether any particular demand is part of a Mass Proceeding, and whether any particular demand within a Mass Proceeding was filed in accordance with this Section. To expedite the Procedural Arbitrator’s resolution of any such initial questions, the parties agree that the Procedural Arbitrator may set forth such procedures as are necessary to resolve any such initial questions promptly. The parties agree that procedures outlined in the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (available at https://www.namadr.com/resources/rules-fees-forms/) shall apply to the appointment and conduct of the Procedural Arbitrator. Square shall pay the Procedural Arbitrator’s costs.

All parties agree that the Bellwether Arbitration procedures are designed to be a generally faster, more efficient, and more affordable mechanism for resolving a Mass Proceeding, including the claims of individual parties who are not selected for a Bellwether Arbitration. All parties shall work in good faith with the Arbitrator or Procedural Arbitrator to complete each Bellwether Arbitration within one hundred and twenty (120) calendar days of its initial pre-hearing conference.

Following resolution of the Bellwether Arbitrations, all parties agree to engage in a mediation of all remaining arbitration demands comprising the Mass Proceeding (the “Bellwether Mediation”). The Bellwether Mediation shall be administered by the arbitration provider. If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Proceeding within thirty (30) calendar days following the Bellwether Mediation, the remaining demands for arbitration comprising the Mass Proceeding shall be administered by the arbitration provider on an individual basis pursuant to the arbitration provider’s rules and this Section, unless the parties mutually agree otherwise in writing.

All parties agree to cooperate in good faith with the arbitration provider to implement the Bellwether Arbitration procedures, including deferring any costs associated with the non-Bellwether Arbitration Mass Proceedings until the Bellwether Arbitrations and subsequent Bellwether Mediation have concluded, and cooperate on any steps to minimize the time and costs of arbitration, which may include the appointment of a discovery special master to assist the Arbitrator in the resolution of discovery disputes and the adoption of an expedited calendar of the arbitration proceedings.

These Bellwether Arbitration procedures shall in no way be interpreted as authorizing a class, collective, or mass action of any kind, or an arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this Section.

Arbitration Fees. In accordance with the NAM Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. You agree that you do not intend to use the Service for personal, family or household use. Accordingly, for purposes of calculating any arbitration costs and fees, you and Square agree that you are not a "consumer," and that the NAM Comprehensive Fees schedule will apply. The arbitrator’s hourly fees (also referred to as Arbitrator Hearing Time) shall be split evenly between the parties. For purposes of this arbitration agreement, references to you and Square also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.

Opt Out. You may reject this arbitration agreement, in which case only a court may be used to resolve any Dispute. To reject this agreement, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you first create a Square account or for existing customers who agree to this as a terms update, within thirty (30) days of agreeing to such updated terms.

The Opt Out must be mailed to Block, Inc., Attn: Arbitration Agreement, 1955 Broadway, Suite 600, Oakland, CA 94612 (please note that any correspondence not related to opting out sent to this address will not receive a reply). For your convenience, we are providing an opt out notice form you must fill in to Opt Out. You must complete this form by providing your name, address, phone number and the email address(es) you used to sign up and use the Services. This is the only way of opting out of this arbitration agreement. Opting out will not affect any other aspect of the General Terms, Developer Terms, Additional Terms, or the Services, and will have no effect on any other or future agreements you may reach to arbitrate with us.

Court Proceedings. Subject to and without waiver of the arbitration agreement above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City of Oakland and County of Alameda, California, or federal court for the Northern District of California.

15. Governing Law

Our relationship is governed by the laws of California, federal law, or both.

These Developer Terms and any Dispute will be governed by the Federal Arbitration Act, as set forth above, and by California law and/or applicable federal law, without regard to its choice of law or conflicts of law principles.

16. Limitation on Time to Initiate a Dispute

Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

17. Assignment

You may not transfer any rights you have under our terms of service to anyone else.

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

18. Other Provisions

These Developer Terms and any other applicable terms or policies, are a complete statement of the agreement between you and Square regarding the Developer Tools. If any provision of these Developer 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. These Developer Terms do not limit any rights that Square may have under trade secret, copyright, patent, or other laws. No waiver of any term of these Developer Terms shall be deemed a further or continuing waiver of such term or any other term.

19. Survival

Some terms of our agreement will still apply even after our relationship ends.

The following sections of these Developer Terms survive and remain in effect in accordance with their terms upon termination of this Agreement: 6 (Ownership. Feedback), 8 (Termination), 9 (No Warranties), 10 (TCPA Compliance), 11 (Limitation of Liability), 12 (Indemnity), 14 (Binding Individual Arbitration), 15 (Governing Law), 16 (Limitation on Time to Initiate a Dispute), 17 (Assignment) and 18 (Other Provisions).

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