Marketplaces Terms of Service

These Square Marketplaces Terms of Service (“Marketplaces Terms”) govern your use of any Developer Tools (as defined in the Developer Terms) that constitute Square’s Marketplaces services (“Marketplaces Services”). By using the Marketplaces Services, you agree to be bound by these Marketplaces Terms, the General Terms, the Payment Terms, and the Developer Terms, and all other terms and policies applicable to the Services (as defined in the General Terms) used. If you are using the Marketplaces Services on behalf of a business or entity, that business accepts these terms and you represent to us that you have authority to bind that business or entity to these terms. Defined terms will have the same meaning as those found in the General Terms, unless otherwise re-defined herein.

Relationship with Square

Our role may vary depending on your use of the Marketplaces Services. In some circumstances we will act as payment facilitator for you and the participants in your marketplace (each, a “Marketplace Participant”), as set forth in the Payment Terms. Alternatively, if you instruct us to transmit funds to a Marketplace Participant, we will do so as a money transmitter. Each transaction will be governed by the terms and conditions applicable to such transaction type.

Transmitting Funds

You may request that we transmit funds to a Marketplace Participant (“Recipient”) on your behalf by designating the Recipient and the transfer amount to us (“Payment Instructions”). By making such a request, you authorize us to move funds from the payment source designated by you (“Transaction Account”) and to your designated Recipient (a “Payment”) pursuant to your Payment Instructions. By submitting a Payment Instruction, you are also authorizing us to move funds to your Transaction Account in the event a Payment is canceled or otherwise returned.

We will only begin to process the requested transfer of funds to the Recipient once the Recipient has provided all required information, and you authorize and direct us to retain funds from your Transaction Account until the earlier of such time as the Recipient has provided all required information or fifteen (15) days.

We incur no liability if we are unable to complete any transaction because of: (i) insufficient funds in the Transaction Account; (ii) malfunction of the Marketplaces Services due to circumstances beyond our control or due to circumstances that you were already aware of at the time you initiated your Payment Instruction; (iii) inaccurate or insufficient Payment Instructions; or (iv) failure of the Recipient to claim the Payment.

Chargebacks

In addition to your liability for Chargebacks associated with your Square Account, you are directly liable to Square for any and all Chargeback liability associated with any Marketplace Participant’s use of the Marketplaces Services. All terms of the “Chargeback” Section in the Payment Terms apply to you with respect to your entire Chargeback liability under this section.

Marketplace Participant Onboarding

You are responsible for creating Square Accounts for Marketplace Participants through the Marketplaces Services. You represent and warrant that every Marketplace Participant that obtains a Square Account via your use of the Marketplaces Services has agreed to Square’s General Terms and Payment Terms. You agree to make clearly visible to each Marketplace Participant prior to creating a Square Account for any such Marketplace Participant (i) legally binding and enforceable language setting forth that the Marketplace Participant agrees to Square’s General Terms and Payment Terms, (ii) links to Square’s General Terms and Payment Terms, and (iii) the portion, if any, of processed amounts that you will take as a fee.

Privacy Policy

You represent and warrant that your privacy policy clearly discloses that you will share Marketplace Participant data with Square as your payment processor.

Cooperation with Square

You will comply with and promptly respond to all instructions or requests for information from Square related to regulatory compliance or identity verification of you or any Marketplace Participant. Square may directly contact Marketplace Participants and you agree to assist Square with any attempt by Square to obtain information, materials, or documents from any Marketplace Participant for purposes of regulatory compliance or identity verification.