Stripe Terminal Cellular Connectivity Failover Terms

Please review these Stripe Terminal Cellular Connectivity Failover Terms (“Cellular Connectivity Terms”) each time you enable the Cellular Connectivity Feature. We may update or change these Cellular Connectivity Terms at any time and without notice to you.

1. Cellular Connectivity Feature

These Cellular Connectivity Terms supplement the Stripe Terminal Purchase Terms and the Stripe Services Agreement (together, the “Stripe Agreements”) and govern your use of the Cellular Connectivity Feature. These Cellular Connectivity Terms are effective when you enable the Cellular Connectivity Feature on a Stripe Terminal Product. The parties’ rights and obligations in respect of a Service, as well as the limitations and exclusions described in the Stripe Services Agreement, apply to the Cellular Connectivity Feature. Capitalised terms that are not defined in these Cellular Connectivity Terms have the same meanings given to them in the Stripe Agreements.

2. Cellular Connectivity Feature

2.1 Enabling the Cellular Connectivity Feature for a Stripe Terminal Product will enable the Cellular Connectivity for that Stripe Terminal Product.

2.2 The Cellular Connectivity Feature will remain enabled until you disable the Cellular Connectivity Feature in accordance with the Documentation.

2.3 The Cellular Connectivity Feature is only available for specific Stripe Terminal Products in certain regions as set out in the Documentation.

2.4 The Cellular Connectivity Feature is dependent on the availability of cellular network services and cellular network availability provided by third-party network operators and carriers that Stripe is not responsible for.

3. Applicability and Tax Obligations

3.1 These Cellular Connectivity Terms apply to the Cellular Connectivity Feature, even if Stripe chooses, in its sole discretion, to waive the fees for the Cellular Connectivity Feature. Taxes may still be collected on waived fees.

3.2 All payments made by you to Stripe under these Cellular Connectivity Terms must be made free and clear of any withholding or deduction. If Taxes are required by Law to be withheld on any payment, you must pay additional amounts as necessary so that the net amount received by Stripe is equal to the amount then due and payable under these Cellular Connectivity Terms.

4. Restricted Uses

4.1 You must not use Cellular Connectivity:

(a) for, or in furtherance of, any Fraudulent Activity or in a manner that constitutes an Abuse of Service; and

(b) in any manner that causes extreme network capacity issues, or interference with the network.

4.2 Notwithstanding Section 4.1, you must not use the Cellular Connectivity provided in relation to the Cellular Connectivity Feature to route more than the Fair Use Limit. The Fair Use Limit does not apply to data routed through the Stripe Terminal Product for the purpose of payment transactions and in relation to the Terminal Device Software (including the updating of the Stripe Terminal Product’s firmware).

5. Suspension

5.1 In addition to the suspension and termination terms in the Stripe Agreements, Stripe may, without liability to you, suspend its provision of the Cellular Connectivity Feature (and any part of the Cellular Connectivity Feature, including Cellular Connectivity) if:

(a) Stripe receives notification from a Governmental Authority, carrier or its service provider of any fraud, abuse, or other misuse of the Cellular Connectivity Feature or related services by you;

(b) Stripe has reason to believe that there is a breach of Section 4 (Restricted Uses), or you have used the Cellular Connectivity Feature in an unauthorized manner or for fraudulent purposes; or

5.2 Notwithstanding Section 5.1, if you exceed the Fair Use Limit, Stripe may, in its sole discretion, continue providing the Cellular Connectivity Feature while parties work in good faith to resolve the breach of these Cellular Connectivity Terms. If Stripe reasonably determines that you are not working in good faith to resolve the issue, or if the issue is not resolved to Stripe’s satisfaction within the time frame stipulated by Stripe in its sole discretion, Stripe may suspend its provision of the Cellular Connectivity Feature. Stripe’s failure to suspend its provision of the Cellular Connectivity Feature in the event of a breach of these Cellular Connectivity Terms will not constitute a waiver of Stripe's right to suspend according to this Section.

6. Disclaimer

All cellular-related services, including without limitation cellular data service, and SIM Cards or IMSI, are provided as-is by third parties and with all faults. Except as expressly stated in these Cellular Connectivity Terms, the Stripe Parties provide no express or implied warranties, and Stripe disclaims and excludes any implied terms, representations, warranties, and conditions with respect to the Cellular Connectivity Feature, including warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, satisfactory quality and non-infringement, as well as any other implied warranties, such as warranties regarding data loss, availability, accuracy, functionality and lack of viruses. These disclaimers will apply except to the extent applicable Law does not permit them. Any warranties, guarantees, or conditions that cannot be disclaimed as a matter of law, but which may be limited in duration, last for one year from the date on which you receive the applicable Stripe Terminal Product.

7. Limitation of liability

Stripe is not liable for any disruption or issue in relation to the Cellular Connectivity Feature where that disruption or issue is:

(a) due to transmission limitations caused by conditions that may impair or disrupt the Cellular Connectivity required for the Cellular Connectivity Feature to function (including atmospheric, topographical and other factors in a Stripe Terminal Product’s operating environment), or any issue with the underlying cellular network services required for the Cellular Connectivity or Cellular Connectivity Feature to function; or

(b) caused by Stripe’s cellular service provider(s), the network operator(s), or the carrier providing the cellular or data service.

8. Definitions.

“Abuse of Service” includes:

(a) using the Cellular Connectivity provided as part of the Cellular Connectivity Feature in a manner that interferes unreasonably with the use of any part of the Cellular Connectivity Feature or related network services by other users or interferes with Stripe’s ability to provide the Cellular Connectivity Feature to others or Stripe’s service provider’s ability to provide network services to others;

(b) use of any services or features that are not contemplated, or are expressly prohibited, by these Cellular Connectivity Terms or the Documentation; or

“Cellular Connectivity” means your Stripe Terminal Product’s connection to a cellular network for the purpose of receiving and/or transmitting data.

“Cellular Connectivity Feature” means back-up data connection via Cellular Connectivity.

“Fair Use Limit” means 10GB of cellular data in relation to your use of Apps on Devices and Stripe Apps.

“Fraudulent Activity” includes:

(a) obtaining, attempting to obtain or assisting others in obtaining cellular service by rearranging, tampering or making unauthorized connection with network equipment or infrastructure of the network operator or network service provider, or by any scheme, false representation or false credit, or by or through any other fraudulent means or devices, with intent to circumvent Stripe’s or its service provider’s billing systems or otherwise avoid payment, in whole or in part, of charges for the underlying cellular services, or assisting any other person in that regard (including altering, modifying, programming or otherwise changing a SIM Card or configuring an eSIM to allow the provision of Cellular Connectivity to more than one Stripe Terminal Product through one SIM Card or IMSI); or

(b) accessing, altering, or interfering, or attempting to or assisting others to access, alter or interfere, with the communications or information of Stripe or another third party.

“IMSI” means International Mobile Subscriber Identity.

“SIM Card” means Subscriber Identity Module card, either in the form of a physical card or an embedded card (“eSIM”).

“Stripe Services Agreement” means the Stripe Services Agreement located at https://stripe.com/legal/ssa, or other agreement between you and Stripe governing your access to and use of the Services and Stripe Technology.

“Stripe Terminal Purchase Terms” means the Purchase Terms located at https://stripe.com/legal/terminal-purchase or other agreement between you and Stripe governing the purchase of Stripe Terminal Products.