Last Updated: July 6, 2023
These Beta Checkout Recovery Email Service Terms (“Terms”) represent a legal agreement between Stripe, Inc. (“Stripe”, “we”, “our”, or “us”), and you (each, a “party”). These Terms apply to your use of the Stripe “Beta Checkout Recovery Email Service” (defined below) and any data you obtain through the Beta Checkout Recovery Email Service. Do not accept these Terms or use the Beta Checkout Recovery Email Service if you or your company is prohibited from doing so by applicable Law. By using the Beta Checkout Recovery Email Service, you agree to be bound by these Terms:
1. Relationship to Stripe Agreements
1.1 Stripe Agreements. When you use the Beta Checkout Recovery Email Service, you expressly agree to the terms and conditions of these Terms, the Stripe Services Agreement, and all updates and modifications Stripe makes to either from time to time, if any. These Terms supplement the Stripe Services Agreement, which generally governs your use of Stripe Services and is incorporated into these Terms by reference. To the extent that there is a conflict between the Stripe Services Agreement and these Terms related to the Beta Checkout Recovery Email Service, these Terms will prevail. Capitalized undefined terms used in these Terms have the meaning given to them in the Stripe Services Agreement.
1.2 Stripe Services Agreement Version. The version of the Stripe Services Agreement incorporated into these Terms is the version that applies to the jurisdiction in which your Stripe Account is established. If the name of your jurisdiction does not appear in the title of the page accessible via the relevant Stripe Services Agreement link, you may contact Stripe and Stripe will provide the correct link to you.
2. Definitions
“Beta Checkout Recovery Email Service Documentation” means the Documentation, along with other documentation that Stripe makes available to you (including via email and the Dashboard), relating to the Beta Checkout Recovery Email Service.
“Stripe Checkout Recovery Email Address” means an email address captured by Stripe in connection with the Beta Checkout Recovery Email Service.
“Beta Checkout Recovery Email Service” means a set of Stripe APIs that enable Stripe to capture email addresses and information related to the contents of carts abandoned prior to completing a transaction using the Stripe Checkout and Payment Links services, and the sending of emails on your behalf containing a link to return to the checkout page of an abandoned cart, which services are further described in the Beta Checkout Recovery Email Service Documentation. The Beta Checkout Recovery Email Service is a “Service” and a “Beta Service” under the Stripe Services Agreement.
3. Use of the Beta Checkout Recovery Email Service
3.1 Use of the Services: Subject to the terms and conditions of these Terms, you may, during the term of these Terms, use the Beta Checkout Recovery Email Service in accordance with these Terms and the Beta Checkout Recovery Email Service Documentation.
3.2 Ownership of Beta Checkout Recovery Email Service IP: As between you and Stripe, Stripe, its affiliates and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks, service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in, the Beta Checkout Recovery Email Service (collectively, “Beta Checkout Recovery Email Service IP”) and all copies of the Beta Checkout Recovery Email Service IP. Beta Checkout Recovery Email Service IP may be protected by copyright, trade secret, patent, and other intellectual property Laws, and all rights in Beta Checkout Recovery Email Service IP not expressly granted to you in these Terms are reserved.
3.3 License: You are granted a nonexclusive and nontransferable license to electronically access and use the Beta Checkout Recovery Email Service IP only in the manner described in these Terms. Stripe does not sell to you, and you do not have the right to sublicense the Beta Checkout Recovery Email Service IP. Stripe may make updates to the Beta Checkout Recovery Email Service IP available to you automatically as electronically published by Stripe, but Stripe may require action on your part before you may use the Beta Checkout Recovery Email Service IP (including activation through the Dashboard, or acceptance of new or additional terms). Stripe may revoke or terminate this license at any time if you use Beta Checkout Recovery Email Service IP in a manner prohibited by these Terms.
You must not: (a) claim or register ownership of Beta Checkout Recovery Email Service IP on your behalf or on behalf of others; (b) sublicense any rights in Beta Checkout Recovery Email Service IP granted to you; (c) import or export any Beta Checkout Recovery Email Service IP to a person or country in violation of any country’s export control Laws; (c) use Beta Checkout Recovery Email Service IP in a manner that violates these Terms or applicable Law; or (e) attempt to do any of the foregoing.
3.4 Permitted Uses: You must use the Beta Checkout Recovery Email Service only for the purpose of sending order reminders and personalized offers to Stripe Checkout Recovery Email Addresses.
3.5 Restricted Uses: You must not, and must not enable or allow any other party to:
(a) use any Stripe Checkout Recovery Email Address to contact any individual unless that individual has affirmatively provided their consent to receive email marketing from you in compliance with applicable Law and has not opted-out from receiving email marketing from you;
(b) provide any Stripe Checkout Recovery Email Address, or any Stripe Data you receive in connection with the Beta Checkout Recovery Email Service, to any third party, except as required by applicable Law; or (c) access or use the Beta Checkout Recovery Email Service, or any Stripe Data you receive in connection with the Beta Checkout Recovery Email Service, in a manner that violates any Law.
3.6 Further obligations.
(a) You must have a privacy policy that (i) discloses how technology is used on your website, including the checkout operated by your service providers, to record personal information and interactions with your website; and (ii) complies with applicable Law.
(b) While using the Beta Checkout Recovery Email Service, you must not send any marketing email or any “commercial electronic mail message,” as that term is defined in the CAN-SPAM Act (15 USC 7701 et al.), to any individuals.
(c) You must set up a Stripe custom email domain from which emails will be sent on your behalf in connection with the Beta Checkout Recovery Email Service.
(d) You must enable individuals to opt-out, unsubscribe or withdraw their consent to subsequent email marketing (i) in each email you send to a Stripe Checkout Recovery Email Address and (ii) directly through your website or customer service channels, and promptly comply with those instructions.
(e) You must, within one business day, notify Stripe of any individual who has opted out, unsubscribed, withdrawn their consent, or otherwise asked you not to send them email marketing or commercial messages. Notices to Stripe must be sent to cart-recovery-beta@stripe.com.
(f) You acknowledge that you have read and understand these Terms, and all Beta Checkout Recovery Email Service Documentation, including any Privacy Center information, regarding the operation of the Beta Checkout Recovery Email Service.
3.7 Agency Relationship. When providing the Beta Checkout Recovery Email Service, Stripe is acting as your agent solely in connection with emails sent on your behalf. Any such emails sent in connection with the Beta Checkout Recovery Email Service are sent on your behalf and are your responsibility, and your use of the Service constitutes your request that Stripe send such emails on your behalf.
4. Representations and Warranties
(a) You represent and warrant to Stripe that you have never sent any marketing email or any “commercial electronic mail message,” as that term is defined in the CAN-SPAM Act (15 USC 7701 et al.), to any individuals prior to your use of the Beta Checkout Recovery Email Service.
(b) You are a business or a non-profit organization and are eligible to use the Beta Checkout Recovery Email Service in accordance with these Terms.
(c) You have, and comply with, all necessary rights, consents, licenses, and approvals for the operation of your business and to allow you to access and use the Beta Checkout Recovery Email Service in compliance with these terms and all applicable Laws.
(d) You represent and warrant to Stripe that your use of the Beta Checkout Recovery Email Service will comply with all applicable Laws.
(e) Your use of the Beta Checkout Recovery Email Service does not violate or infringe upon any third-party rights, including IP Rights, and you have obtained, as applicable, all necessary rights and permissions to enable your use of the Beta Checkout Recovery Email Service.
(f) All information you have provided to Stripe is accurate and complete.
(g) You have the right, power, and ability to enter into and perform under these Terms.
5. Audit
5.1 You will provide information and documentation that Stripe requests for the purpose of ensuring your compliance with these Terms.
5.2 You must respond to Stripe’s requests for information and documentation promptly, but no later than 14 calendar days after Stripe’s request.
6. Termination; Survival
6.1 Termination: Stripe may suspend or terminate your access to the Beta Checkout Recovery Email Service:
(a) at any time upon 30 days’ Notice; or
(b) immediately on Notice, if (i) you are in breach of these Terms; (ii) you fail to provide information or documentation Stripe requests under Section 5 (Audit) above; or (iii) there is a material change in any applicable Law, or interpretation of it; or
(c) automatically without Notice, if (i) another agreement between you and Stripe (including the Stripe Services Agreement, if applicable) is terminated, or your Stripe Account is suspended or closed; or (ii) your use of the Beta Checkout Recovery Email Service, in Stripe’s reasonable opinion, violates applicable Law or could cause harm to Stripe, its service providers, or other Stripe users.
6.2 Survival: The following provisions will survive termination of these Terms: 3.2 (Ownership of Beta Checkout Recovery Email Service IP), 5 (Audit), 6.2 (Survival), and 7 (Indemnity).
7. Indemnity
7.1. In addition to your defense and indemnification obligations under the Stripe Services Agreement, you agree to defend the Stripe Entities against any Claim brought by a third party against a Stripe Entity, and you agree to fully reimburse the Stripe Entities for all Claims, that (i) allege that Stripe collected or provided information to you in connection with the Beta Checkout Recovery Email Service without appropriate consent; (iii) allege that Stripe violated any provision of the CAN-SPAM Act or its implementing regulations in connection with the Beta Checkout Recovery Email Service; (ii) result from or allege your misuse of the Beta Checkout Recovery Email Service; or (iii) result from or allege your breach of these Terms.
8. Beta Services Terms
8.1 Eligible Business: Only businesses and non-profit organizations that have been approved by Stripe in writing are eligible to use the Beta Checkout Recovery Email Service.
8.2 Beta Services: The Beta Checkout Recovery Email Service is a Beta Service. You understand that Beta Services are still in development, may have bugs or errors, may be feature incomplete, and may be subject to material change. You should not use the Beta Checkout Recovery Email Service unless you understand and accept the limitations and flaws that may be present. You further understand that the Beta Services may be generally available in some countries while still classified as Beta in others. Stripe may suspend or terminate your access to Beta Services at any time for any reason. Despite any other provision of these Terms to the contrary, you understand and agree that your use of or reliance on the Beta Services is subject to the Beta classification, which will continue in force until Stripe removes the classification.
8.3 Confidentiality: Except as otherwise communicated to you by Stripe, or unless Stripe otherwise agrees in writing, your use of the Beta Checkout Recovery Email Service is confidential.
8.4 Feedback: You may choose or we may invite you to provide comments, feedback, or ideas about improvements to the Beta Checkout Recovery Email Service or our other products or services (“Feedback”). If you submit Feedback to us, you agree that your submission will be delivered to us without any restrictions on our use of the Feedback. You also agree that Stripe has no obligation to you in connection with any Feedback you submit to us, and that we are free to use your Feedback without any attribution or compensation to you. All improvements or modifications made to the Beta Checkout Recovery Email Service, our other products or services, or any of our affiliates’ products or services belong to us.
8.5 Modification to Beta Functionality: Beta Updates: Stripe has no obligation whatsoever to provide any bug fixes, error corrections, patches, or service packs for, or any revisions, successors, or updated versions to, the Beta Services, or any part of them, while the Beta classification is in place (all of the foregoing, if made available by Stripe, “Beta Updates”). However, if Stripe provides or makes available any Beta Update, you must fully implement the Beta Update within the time period specified by Stripe or 30 days after Stripe makes the Beta Update available, whichever is sooner.
8.6 Availability and Updates During Beta Period: Stripe may make updates, changes, repairs, or conduct maintenance at any time, and with or without notice, which may result in changes in the availability or quality of the Beta Services. In addition, Stripe may suspend your access to the Beta Services with or without notice, including if Stripe reasonably believes that (a) suspending the Beta Services is required by applicable Law; (b) continuing to provide the Beta Services would place Stripe in breach of any obligation Stripe owes to a third party; or (c) Stripe determines that continuing to provide the Beta Services would give rise to an unacceptable security or privacy risk. Stripe may also terminate your access to the Beta Services if Stripe, in its sole discretion, stops offering the Beta Services completely or in your jurisdiction.
8.7 Fees: Stripe may, at its discretion, provide Beta Services free of charge. Stripe may charge Fees for your use of the Beta Checkout Recovery Email Service at any time (a) upon 30 days’ advance notice to you; or (b) after removing the Beta designation.