General Terms of Service
DATED 2023-04-11 · VERSION 20230301_rev01 · COMPARED WITH 20220701_rev01 · ARCHIVE SNAPSHOT
Full text changes — 20220701_rev01 to 20230301_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 1 | 1 | **General** |
| 2 | 2 | |
| 3 | **Last updated: January 31, 2022** | |
| 3 | **_These terms apply if you signed up for Square on or after March 1, 2023 and shall become effective and apply to all Square Sellers on April 11, 2023. For terms that apply until then, see [here](https://squareup.com/us/en/legal/general/ua-archive-2022)._** | |
| 4 | 4 | |
| 5 | **Last updated March 1, 2023** | |
| 6 | ||
| 5 | 7 | We've included annotations in the gray boxes below to emphasize certain portions of our terms and help guide you as you read them. The annotations aren't summaries, so please take the time to read everything! |
| 6 | 8 | |
| 7 | 9 | This page describes the general terms that apply to your use of any of our services. By using our services you agree to these terms on top of any other terms that apply to a specific service you are using (like Team Management, for example). If you use our services on behalf of your company, your company agrees to them too. |
| 8 | 10 | |
| 9 | These General Terms of Service ("General Terms") are a legal agreement between you, as a current or prospective customer of Square's services ("you," "your") and Block, Inc. Square Capital, LLC, and/or Square Financial Services, Inc., ("Square," "we," "our" or "us") and govern your use of Square's services, including mobile applications, websites, software, cloud-based solutions, hardware, and other products and services (collectively, the "Services"). By using any of the Services, you agree to these General Terms and any policies referenced within ("Policies"), including our Privacy Notice (see Section 8) and terms that limit our liability (see Section 19) and require individual arbitration for any potential legal dispute (see Section 22), which are collectively incorporated herein by reference. You also agree to any additional terms specific to Services you use ("Additional Terms"), such as those listed below, which become part of your agreement with us (collectively, the "Terms"). If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these Terms, and that business accepts these Terms. You should read all of our Terms carefully. | |
| 11 | These General Terms of Service ("General Terms") are a legal agreement between you, as a current or prospective customer of Square's services ("you," "your") and Block, Inc. Square Capital, LLC, and/or Square Financial Services, Inc., ("Square," "we," "our" or "us") and govern your use of Square's services, including mobile applications, websites, software, cloud-based solutions, hardware, and other products and services in the United States of America (collectively, the "Services"). By using any of the Services, you agree to these General Terms and any policies referenced within ("Policies"), including our Privacy Notice (see Section 8) and terms that limit our liability (see Section 19) and require individual arbitration for any potential legal dispute (see Section 22), which are collectively incorporated herein by reference. You also agree to any additional terms specific to Services you use ("Additional Terms"), such as those listed below, which become part of your agreement with us (collectively, the "Terms"). If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these Terms, and that business accepts these Terms. You should read all of our Terms carefully. | |
| 10 | 12 | |
| 11 | 13 | - [Payment Terms](https://squareup.com/legal/payment): These terms apply to all Payment Services. |
| 12 | 14 | - [Point of Sale Additional Terms of Service](https://squareup.com/legal/pos): These terms apply when you use certain Square Point of Sale Services. |
| 13 | 15 | - [ACH Service Terms](https://squareup.com/legal/ach-service-terms): These terms apply when you use ACH Services. |
| 14 | 16 | - [Afterpay Merchant Terms of Service](https://squareup.com/us/legal/afterpay-merchant-terms): These terms apply when you use the Afterpay payment method. |
| 17 | - [Bill Pay Terms](https://squareup.com/us/legal/billpay): These terms apply when you use the Bill Pay Service. | |
| 15 | 18 | - [HIPAA Business Associate Agreement](https://squareup.com/legal/hipaa): If you are subject to HIPAA as a Covered Entity or Business Associate (as defined in HIPAA) and use the Services in a manner that causes us to create, receive, maintain, or transmit Protected Health Information on your behalf, then you agree to the HIPAA Business Associate Agreement ("HIPAA BAA"). |
| 16 | 19 | |
| 17 | 20 | #### 1\. Square Account Registration |
| 18 | 21 | |
| 19 | 22 | Provide accurate personal information during registration and keep the information current. We can suspend or terminate your account if you provide incomplete or false information. |
| 20 | 23 | |
| 88 | 91 | Notwithstanding Sections 21 and 22, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Square Account subject to dispute) will be final and binding on all parties. |
| 89 | 92 | |
| 90 | 93 | #### 8\. Privacy |
| 91 | 94 | |
| 92 | 95 | **Your Personal Information** By using any of our Services as a Square seller, you acknowledge our data practices that apply to you, as set out in the [Square Account Holder Privacy Notice](https://squareup.com/legal/privacy) (the "Privacy Notice"). The Privacy Notice explains how Square collects, uses and protects the personal information you provide to us where Square makes use of your personal data to provide you with the Services or for its own purposes. You are required to familiarize yourself with the Privacy Notice prior to using the Services. |
| 93 | 96 | |
| 94 | **Your Customers' and Employees' Personal Information** Square will process certain of your customers' or employees' personal data on behalf of your business as a service provider ("data processor"). In such circumstances, you agree that you will comply with the data protection laws applicable to you and will provide data subjects with information on the processing of their personal information which satisfies the transparency requirements of such data protection laws and which ensures that personal data may be processed fairly, lawfully and in a transparent manner. If you or your business are located in California, please see [Section 28](). | |
| 97 | **Your Customers' and Employees' Personal Information** Square will process certain of your customers' or employees' personal data on behalf of your business as a service provider ("data processor"). In such circumstances, you agree that you will comply with the data protection laws applicable to you and will provide data subjects with information on the processing of their personal information which satisfies the transparency requirements of such data protection laws and which ensures that personal data may be processed fairly, lawfully and in a transparent manner. If you or your business are located in California, Colorado, Connecticut, Utah, or Virginia, please see [Section 28](). | |
| 95 | 98 | |
| 96 | 99 | #### 9\. Communications |
| 97 | 100 | |
| 98 | 101 | You consent to us sending messages to your email or mobile devices about your account or our services, which may include marketing. You can opt out of communications in ways that are specific to that communication method, such as by unsubscribing from emails, or replying to text messages with 'STOP'. |
| 99 | 102 | |
| 100 | 103 | You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for a Square account or update the contact information associated with your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications 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. |
| 106 | 109 | #### 10\. Paid Services |
| 107 | 110 | |
| 108 | 111 | Lots of what we offer is free, but we offer paid services too. We can collect payments for a paid service by either charging your linked debit/credit card or taking the payment from your transaction proceeds, Square-account balance or linked bank account. |
| 109 | 112 | |
| 110 | 113 | We'll give you 30 days advance notice if we change our subscription fees, and you can cancel your subscription at any time. |
| 111 | 114 | |
| 112 | Square's Services include both paid-for Services ("Paid Services") and free Services, for which no fees are charged ("Free Services"). Square offers certain Paid Services to be paid for on a recurring basis ("Subscription Services") and others on an as-used basis ("A La Carte Services"). Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable Taxes (as defined below) ("Subscription Fee"). A La Carte Services may subject you to fees charged per usage and/or terms, including transaction volume. By using an A La Carte Service, you agree to pay the fees and any Taxes incurred at the time of usage ("A La Carte Fees" and, together with Subscription Fees, the "Paid Service Fees"). See [Payment Terms](https://squareup.com/legal/payment) for terms applicable to Payment Services. | |
| 115 | Square's Services include both paid-for Services ("Paid Services") and free Services, for which no additional fees are charged ("Free Services"). Square offers certain Paid Services to be paid for on a recurring basis ("Subscription Services") and others on an as-used basis ("A La Carte Services"). Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable Taxes (as defined below) ("Subscription Fee"). A La Carte Services may subject you to fees charged per usage and/or terms, including transaction volume. By using an A La Carte Service, you agree to pay the fees and any Taxes incurred at the time of usage ("A La Carte Fees" and, together with Subscription Fees, the "Paid Service Fees"). See [Payment Terms](https://squareup.com/legal/payment) for terms applicable to Payment Services. | |
| 113 | 116 | |
| 114 | Paid Service Fees may be paid by debit card, credit card, or deducted from your transaction proceeds; however, Paid Service Fees related to hardware may only be paid by debit card or credit card. If you link a debit or credit card to your account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. Regardless of payment device, we reserve the right to collect Paid Service Fees by deduction from your transaction proceeds, the Balance (as defined in the Payment Terms) in your Square Account or your linked bank account. | |
| 117 | In general, Paid Service Fees may be paid by debit card, credit card, or deducted from your transaction proceeds; however, Paid Service Fees related to hardware may only be paid by debit card or credit card. If you link a debit or credit card to your account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. Regardless of payment device or method, we reserve the right to collect Paid Service Fees by deduction from your transaction proceeds, the Balance (as defined in the Payment Terms) in your Square Account or your linked bank account. | |
| 115 | 118 | |
| 116 | 119 | Unless otherwise provided in a Subscription Service's terms, Subscription Fees will be charged on the first of every month until canceled. You may cancel a Subscription Service at any time from your Square Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days' advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes. |
| 117 | 120 | |
| 118 | 121 | #### 11\. Taxes |
| 119 | 122 | |
| 120 | Your taxes are your responsibility. But we may have an obligation under applicable law to charge tax on Paid Services and report certain information about you to the IRS. | |
| 123 | Your Taxes are your responsibility. But we may have an obligation under applicable law to charge and/or remit Tax on Paid Services and report certain information about you to the IRS or other applicable Tax authority. | |
| 121 | 124 | |
| 122 | Taxes include any and all present or future taxes, charges, fees, levies or other assessments, including, without limitation, income, telecommunications, value-added, goods and services tax or similar taxes, gross receipts, excise, real or personal property, sales, withholding, social security, occupation, use, severance, environmental, license, net worth, payroll, employment, franchise, transfer and recording taxes, fees and charges, imposed by any domestic or foreign taxing authority ("Taxes"). | |
| 125 | For purposes of these Terms, "Tax" and "Taxes" include any and all present or future taxes, charges, fees, levies or other assessments, including, without limitation, income, telecommunications, value-added, goods and services tax or similar taxes, stamp tax or duty, gross receipts, excise, real or personal property, sales, withholding, social security, occupation, use, severance, environmental, license, net worth, payroll, employment, franchise, transfer and recording taxes, fees and charges, imposed by any domestic or foreign Taxing authority, including any penalties, interest or additions to tax (collectively, "Taxes"). | |
| 123 | 126 | |
| 124 | Unless otherwise stated, all Paid Services Fees are exclusive of any Taxes. You are responsible and liable for determining any and all Taxes required to be assessed, incurred, collected, paid or withheld for your use of the Services. You also are responsible and liable for (a) determining whether Taxes apply to your sale of products and services, payments received, and any other transactions arising from or out of your use of the Services, and (b) calculating, collecting, reporting or remitting any Taxes to the appropriate tax and revenue authorities. Square specifically disclaims any liability for such Taxes. | |
| 127 | Unless otherwise expressly stated, all Paid Services Fees are exclusive of any Taxes. You are responsible and liable for identifying and calculating any and all Taxes required to be assessed, incurred, collected, paid or withheld for your use of the Services. Unless otherwise expressly stated, You also are responsible and liable for (a) determining whether Taxes apply to your sale of products and services, payments received, bill payments make or received, and/or any other transactions arising from or out of your use of the Services, and (b) registering with Tax authorities in jurisdictions where you are required to do so by applicable law, and (c) calculating, collecting, reporting, paying, and/or remitting any such applicable Taxes to the appropriate Tax and revenue authority. Square specifically disclaims any liability for such Taxes and you agree to fully indemnify, defend, and hold Square harmless against any such Taxes and any other related expenses or costs. Notwithstanding anything in these Terms to the contrary, You agree that we are not a marketplace, marketplace facilitator, marketplace provider, or similar construct under any applicable law relating to sales, use, or similar taxes, nor do the Services hereunder provide a marketplace or similar construct, and You agree to not take any tax position to the contrary, including on any tax return, tax filing, in any tax audit or examination or otherwise. | |
| 125 | 128 | |
| 126 | Notwithstanding the foregoing, Square may charge Taxes, as required by law, which you agree to pay, unless you provide Square with timely appropriate, complete, and accurate information and documentation satisfying the legal and tax requirements of the relevant governmental or tax authority to establish that the otherwise applicable Tax is not required to be charged by Square. | |
| 129 | Notwithstanding the foregoing, Square may charge applicable Taxes on Services, as required by law, which you agree to pay, unless you provide Square with timely appropriate, complete, and accurate information and documentation satisfying the legal and Tax requirements of the relevant governmental or Tax authority to establish that the otherwise applicable Tax is not required to be charged by Square. You agree to fully indemnify, defend and hold Square harmless against any Tax imposed by a Tax authority for failure to apply correct Taxes if such failure is a result of your failure to provide Square with the correct evidence to support your exemption from such Taxes, as applicable. | |
| 127 | 130 | |
| 128 | Square may be obligated under applicable laws to report certain information to tax and revenue authorities ("Tax Information") and/or you with respect to your use of the Services. Upon request, you shall provide Square with the necessary information to complete any applicable Tax Information reporting and recertify such information from time to time, as may be required by applicable law. If you use our Services you acknowledge that we will report to the applicable tax and revenue authorities the required Tax Information (including the total amount of payments you received during the relevant reporting period). We also may, but are not obligated to, send to you the Tax Information reported. | |
| 131 | Square may be obligated under applicable laws to report certain information to tax and revenue authorities ("Tax Information") and/or you with respect to your use of the Services. Upon request, you shall provide Square with the necessary information to complete any applicable Tax Information reporting and recertify such information from time to time, as may be required by applicable law, or otherwise in connection with any Tax audit or examination. If you use our Services you acknowledge that we will report to the applicable Tax and revenue authorities the required Tax Information (including the total number and amount of payments you received during the relevant reporting period). We also may, but are not obligated to, send to you the Tax Information reported. | |
| 129 | 132 | |
| 133 | If applicable, Square shall be entitled to deduct from any payments to you the amount of any applicable withholding Taxes with respect to amounts payable, or any other Taxes, in each case required to be withheld by Square to the extent that Square remits to the appropriate Tax authority on your behalf such Taxes. Any amounts so deducted or withheld shall be treated as having been paid for all purposes of these Terms and Square will not be obliged to increase or gross-up any payment on account of any withholding of Tax. | |
| 134 | ||
| 135 | You acknowledge and agree that Square is not providing any Tax advice and nothing Square says or provides to you should be interpreted as such. For any Tax-related inquiries in connection with the Services or these Terms, you should consult your own Tax or legal advisor. | |
| 136 | ||
| 130 | 137 | #### 12\. Modification and Termination |
| 131 | 138 | |
| 132 | 139 | We can terminate or deny you access to our services at any time, for any reason. You can also choose to deactivate your account at any time. |
| 133 | 140 | |
| 134 | 141 | We may terminate these General Terms or any Additional Terms, or suspend or terminate your Square Account or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your Square Account. You may also terminate the General Terms and Additional Terms applicable to your Square Account by deactivating your Square Account at any time. |
| 135 | 142 | |
| 154 | 161 | You may submit feedback, comments or ideas about the Services ("Ideas"). Submitting Ideas is entirely voluntary, and we will be free to use such ideas as we see fit without any obligation to you. |
| 155 | 162 | |
| 156 | 163 | #### 16\. Indemnity |
| 157 | 164 | |
| 158 | 165 | If you do something using our services that gets us sued or fined, you agree to cover our losses as described below. |
| 159 | 166 | |
| 160 | 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 or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by any 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 Terms; (b) your wrongful or improper use of the Services; (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; (e) any third-party claims made by your Buyer regarding Square's processing of your customer/Buyer's Personal Information in connection with providing you with the Services; and (f) any other party's access and/or use of the Services with your unique name, password or other appropriate security code; and (g) any transaction, purchase, good or service in respect of which Square provides, or provided, you with payment processing services in accordance with the Terms. | |
| 167 | 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 or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by any 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 Terms; (b) your wrongful or improper use of the Services; (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 or any inaccuracy in any Tax Information provided hereunder; (e) any third-party claims made by your Buyer regarding Square's processing of your customer/Buyer's Personal Information in connection with providing you with the Services; and (f) any other party's access and/or use of the Services with your unique name, password or other appropriate security code; and (g) any transaction, purchase, good or service in respect of which Square provides, or provided, you with payment processing services in accordance with the Terms. | |
| 161 | 168 | |
| 162 | 169 | #### 17\. Representations and Warranties |
| 163 | 170 | |
| 164 | 171 | Here's the part where you promise that you are who you say you are, and that you will obey the law and our terms. |
| 165 | 172 | |
| 166 | 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 General Terms; (c) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act ("HIPAA"); (e) 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; and (f) your use of the Services will be in compliance with these Terms. | |
| 173 | You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are located in the United States; (c) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms; (d) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (e) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act ("HIPAA"); (f) 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; and (g) your use of the Services will be in compliance with these Terms. | |
| 167 | 174 | |
| 168 | 175 | #### 18\. No Warranties |
| 169 | 176 | |
| 170 | 177 | 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. |
| 171 | 178 | |
| 172 | 179 | THE USE OF "SQUARE" IN SECTIONS 18 AND 19 MEANS SQUARE, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES). |
| 244 | 251 | You may be offered services, products and promotions provided by third parties and not by Square, including, but not limited to, third party developers who use Square's services ("Third Party Services"). If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible or liable for the performance of any Third Party Services. Further, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not Square. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Square. Such third party websites are not governed by these General Terms. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Notice is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website's own terms, rules and policies. |
| 245 | 252 | |
| 246 | 253 | #### 27\. Third-Party Beneficiaries |
| 247 | 254 | |
| 248 | 255 | No provision in these General Terms, and any applicable Additional Terms is intended or shall create any rights with respect to the subject matter of these General Terms, and any applicable Additional Terms in any third party. |
| 249 | 256 | |
| 250 | #### 28\. California Businesses | |
| 257 | #### 28\. State-Specific Privacy Terms | |
| 251 | 258 | |
| 252 | If you are a "Business" as defined by the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq., ("CCPA") then this provision 27 applies to you. For purposes of this Section 28, "process", "sell", and "business purpose(s)" have the meaning ascribed to them by the CCPA. | |
| 259 | If you are a "Business" as defined by the California Consumer Privacy Act of 2018 ("CCPA"), or are a "Controller" subject to the Colorado Privacy Act, Connecticut's An Act Concerning Personal Data Privacy And Online Monitoring, the Utah Privacy Rights Act, or the Virginia Consumer Data Protection Act (collectively, "State Privacy Laws"), then this provision 28 applies to you. For purposes of this Section 28, "process", "sell", and "business purpose(s)" have the meaning ascribed to them by the State Privacy Laws. | |
| 253 | 260 | |
| 254 | a) For purposes of this Section 28, "Buyer Personal Information" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household that is processed by Square in connection with its Services to you. Buyer Personal Information does not include information Square receives about your customers ("Buyers") for purposes of Square's digital receipt, customer directory and email marketing tools ("Square Buyer Features"). It does include information that your Buyer has provided you through Square Appointments, Square Invoices, or to receive Loyalty-related or promotional text messages. For details about our privacy practices with respect to Square Buyer Features, please refer to our [Buyer Features Privacy Notice](https://squareup.com/us/en/legal/general/buyer-features). | |
| 261 | a) For purposes of this Section 28, "Buyer Personal Information" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household that is processed by Square in connection with its Services to you. Buyer Personal Information does not include information Square receives about your customers ("Buyers") for purposes of Square's digital receipt, customer directory and email marketing tools ("Square Buyer Features"), or for Square Go. It does include information that your Buyer has provided you through Square Appointments, Square Invoices, or to receive Loyalty-related or promotional text messages. For details about our privacy practices with respect to Square Buyer Features, please refer to our \[Buyer Features Privacy Notice\]\[2\]. | |
| 255 | 262 | |
| 256 | b) We may receive Personal Information from Buyers for the purpose of performing Services on your behalf as described in these General Terms. We agree that we will process Buyer Personal Information collected, processed, stored or transmitted by, or accessible to us in the course of these General Terms, and other Applicable Terms of Service referenced above, only on your behalf, and for the purpose of providing you with the Services in these Terms and other applicable terms linked above based on the products you use. We acknowledge that we are prohibited from: (i) selling the Buyer Personal Information; (ii) retaining, using, or disclosing the Buyer Personal Information for any purpose other than providing to you the Services specified in these General Terms(s), and other applicable Terms of Service referenced above. As part of, and for purposes of, facilitating the Services, Square may (i) de-identify or aggregate the Buyer Personal Information; and (ii) process the Buyer Personal Information for operational purposes, including, without limitation, verifying or maintaining the quality and safety of the Services; improving, updating or enhancing the Services either for you or for our customers generally; detecting and preventing fraud, and for protecting the security and integrity of our Services; and complying with our legal obligations. You acknowledge and agree that Buyer Personal Information that you disclose to Square is provided to Square for the parties' business purposes. | |
| 263 | b) We may receive Personal Information from Buyers for the purpose of performing Services on your behalf as described in these General Terms. We agree that we will process Buyer Personal Information collected, processed, stored or transmitted by, or accessible to us in the course of these General Terms, and other Applicable Terms of Service referenced above, only on your behalf, and for the purpose of providing you with the Services in these Terms and other applicable terms linked above based on the products you use. We acknowledge that we are prohibited from: (i) selling the Buyer Personal Information; (ii) retaining, using, or disclosing the Buyer Personal Information for any purpose other than providing to you the Services specified in these General Terms(s), and other applicable Terms of Service referenced above. As part of, and for purposes of, facilitating the Services, Square may (i) de-identify or aggregate the Buyer Personal Information; (ii) process the Buyer Personal Information for operational purposes, including, without limitation, verifying or maintaining the quality and safety of the Services; improving, updating or enhancing the Services either for you or for our customers generally; detecting and preventing fraud, and for protecting the security and integrity of our Services; and complying with our legal obligations; and (iii) if you participate in Square Go, process the Buyer Personal Information on the instructions of the Buyer. You acknowledge and agree that Buyer Personal Information that you disclose to Square is provided to Square for the parties' business purposes. | |
| 257 | 264 | |
| 258 | 265 | c) We reserve the right to delete Personal Information stored pursuant to these General Terms in the ordinary course of business, pursuant to our retention schedules. |
| 259 | 266 | |
| 260 | 267 | #### 29\. Other Provisions |
| 261 | 268 | |
| 262 | 269 | These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and Square regarding the Services. In the event of a conflict between these General Terms and any other Square agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these General Terms or any Additional Term 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 General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term. |
| 270 | ||
| 271 | </body> |