Stripe Terminal Terms

Last updated: June 10, 2019

Stripe Terminal Terms (“Terms”) are terms that apply to the use of the Stripe Terminal Services as defined below. You can decide whether or not to use the Stripe Terminal Services. However, if you use the Stripe Terminal Services, you accept and agree to these Terms, which will form part of your agreement with Stripe and any updates or modifications made to these Terms from time to time by Stripe. Do not accept these Terms or use the Stripe Terminal Services if you or your company is prohibited from doing so under the laws of the United States or any other country.

Section A. Stripe Terminal Services

1. Relationship to Stripe Agreements

The Stripe Agreements are incorporated into these Terms. For the purposes of interpreting the incorporated terms of the Stripe Agreements, references to “Agreement” in the Stripe Agreements are deemed to apply to these Terms, and references to the Services are deemed to apply to the Stripe Terminal Services, except as otherwise provided in these Terms. To the extent these Terms conflict with the Stripe Agreements, these Terms shall prevail, but solely as applicable to the Stripe Terminal Services. By entering into these Terms, you expressly ratify the Stripe Agreements. Capitalized terms not defined in these Terms (either in-line or by hyperlink) are defined in the Stripe Agreements.

2. Definitions

The “Stripe Terminal Products” are the physical Point of Sale (“POS”) device(s) and accessory(ies), including components and spare parts, either provided by Stripe or available through a third-party distributor, as well as any other hardware, equipment or instruments that Stripe may elect to provide (or provide access to) from time to time under the Stripe Terminal Purchase Terms. The “Stripe Terminal Services” that are subject to these Terms are the POS card present services, documentation and software that supplement the Stripe Services that are provided to you under your agreements with Stripe (collectively, the “Stripe Agreements”), and include: (i) product and service documentation; (ii) the Point of Sale Software Development Kits (“SDK”) and computer source code that is identified as “example application” or with an analogous designation (“Example Application(s)”); (iii) access to Stripe’s Card Present and Point of Sale API(s); (iv) any software and/or firmware preinstalled on, or distributed with, the Stripe Terminal Products (“Included Software”); and (v) any other software, documentation, technologies, or materials that Stripe may elect to provide to you (or provide you with access to) from time to time under or in relation to these Terms. For other capitalized terms not defined in these Terms (either in-line or by hyperlink), the applicable definitions are set out in the Stripe Services Agreement. The term “Services” is defined in the Stripe Services Agreement (“Services Agreement”), and, for clarity, the Stripe Terminal Services are a “Service”.

3. Ownership and Rights

These Terms do not grant any rights or licenses in the Stripe Terminal Services other than as expressly stated in Section A.4. As between the parties, Stripe shall own all right, title and interest, including all copyrights, patents, trademarks, trade secrets and other intellectual property rights, in and to the Stripe Terminal Services, including any improvements to the Stripe Terminal Services. All rights not expressly granted are reserved by Stripe.

4. Developer License

You are granted a limited, non-transferable, non-sublicensable, non-exclusive, worldwide license during the term of these Terms to use the Stripe Terminal Services (including by making derivative works of the Example Application(s)) to develop, test, and maintain applications that interface with the Stripe Terminal Services. The foregoing license is subject to any limitations that may be imposed by these Terms and the Stripe Agreements. In addition, if you use software or hardware in conjunction with the Stripe Terminal Services, you must comply with any additional terms and conditions which are imposed upon such software or hardware (including, for example, the Stripe Terminal Purchase Terms). Stripe may terminate or suspend your ability to use the Stripe Terminal Services if Stripe believes that you have not complied with the terms of this license, or with the restrictions set out in Section A.7.

Stripe may make updates to the Stripe Terminal Services available from time to time. When Stripe describes an update as mandatory (or uses similar language), you must install the update within the time period specified by Stripe, in order to continue using the Stripe Terminal Services. Stripe is not obligated to continue to support outdated versions of the Stripe Terminal Services. Any updates are subject to these Terms unless other terms are provided with the updates.

5. Your Use of the Stripe Terminal Services

(a) You must use the Stripe Terminal Services in a manner consistent with the terms of the Stripe Agreements, and, except as otherwise provided in these Terms, the Stripe Terminal Services will be subject to the terms of the Stripe Agreement that governs the use of Stripe Services;

(b) You may only use the Stripe Terminal Services in conjunction with Stripe Services and Stripe Terminal Products;

(c) If the terms of your agreements with your Customers require amendment to allow you to implement the Stripe Terminal Services, you must make such amendments before you use the Stripe Terminal Services; and

(d) You must only use the Stripe Terminal Services for the purpose for which they are provided and in accordance with all relevant Documentation.

6. Limitation on Use - Commercial Purposes Only

By entering into these Terms, you acknowledge and agree that the Stripe Terminal Services may be used for commercial purposes only, and you must not use the Stripe Terminal Services for personal, family, or household use.

7. Restrictions

You must not and you must not permit, or attempt to permit, any third party to:

(a) Modify, disassemble, decompile, or reverse engineer any part of the Stripe Terminal Services (except to the extent that you are permitted to under Section A.4 to modify Example Application source code included in the Stripe Terminal Services);

(b) Use the Stripe Terminal Services other than in conjunction with the Stripe Terminal Products;

(c) Copy (except for backup purposes and with all labeling and copyright notices intact) or otherwise reproduce the Stripe Terminal Services, in whole or in part, or modify, adapt, alter, translate or incorporate into or with other software or create a derivative work of any part of the Stripe Platform except as expressly permitted by these Terms;

(d) Remove, modify or otherwise tamper with notices or legends on the Stripe Terminal Services;

(e) Distribute, sell, lease, assign, sublicense, or transfer the Stripe Terminal Services (unless expressly permitted under these Terms or otherwise by Stripe in writing), except that you may distribute elements of the Example Application or SDK, if any, identified by Stripe as “distributable” or with an analogous designation, provided that you do so solely in object or binary code form;

(f) Disclose the results of any performance benchmarks, A/B testing or similar testing of the Stripe Terminal Services or the Stripe Platform to any third party without Stripe’s prior written consent;

(g) Use the Stripe Terminal Services to violate, or in connection with any application that violates, any Laws, including with regard to the collection, storage, or transmission of Data in violation of any Laws;

(h) Use the Stripe Terminal Services in any way that would subject them, or any part of them, to license terms that seek to require any Stripe Terminal Product, Stripe Service, or Documentation, or any Stripe intellectual property, to be licensed to (or shared with) any third party in source code form, with rights to make derivative works, or with rights to redistribute at no charge; or

(i) Engage in or attempt to engage in actions that restrict or prevent access to or use of the Stripe Terminal Services by other Stripe users, or would impose an unreasonable or disproportionate load on the Stripe Terminal Services.

8. Fees for Stripe Terminal Services

Stripe will provide the Stripe Terminal Services to you at the rates and for the fees (“Fees”) described on the Pricing page, linked here and incorporated into these Terms. We may revise the Fees at any time. We will provide you with at least 30 days’ advance notice before revisions become applicable to you (or a longer period of notice if this is required by applicable Law). This Section A.8 supersedes and takes precedence over any contrary provision in the Stripe Agreements, except to the extent that such contrary provision(s) are expressly stated as being applicable to the Stripe Terminal Services.

9. Content

We may permit you to upload or publish text, images, and other content (collectively, “Content”) via the Stripe Terminal Services. If you do upload or publish content, you must obtain the appropriate permissions and, if required, licenses to enable such use, and you agree to fully reimburse Stripe for all fees, fines, losses, claims, and any other costs we may incur that arise from publishing illegal Content through the Services, or claims that Content you published infringes the intellectual property, privacy, or other proprietary rights of others.

10. Feedback

You may choose to or we may invite you to submit comments or ideas about improvements to the Stripe Terminal Services. If you submit comments or ideas to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the comments and ideas. You also agree that Stripe has no fiduciary or any other obligation to you in connection with any comments and ideas you submit to us, and that we are free to use your comments and ideas without any attribution or compensation to you.

Section B. Beta Services

1. Beta Services

Important: Stripe may indicate that the Stripe Terminal Services as a whole, with regard to a particular release or feature, or as offered in certain countries or regions, are classified by Stripe as “beta”, “limited availability”, “invite only”, or “pre release” (“Beta”). In these Terms, the portion of the Stripe Terminal Services that are subject to a Beta classification are called “Beta Services”. You understand that any Beta Services are still in development, may have bugs or errors, may be feature incomplete, and may be subject to material change. You further understand that the Beta Services may be generally available in some countries while still classified as Beta in others. Despite any other provision of these Terms or the Stripe Agreements, you understand and agree that your use of or reliance on the Beta Services is subject to the Beta classification, if applicable, which will continue in force until such time as the classification is removed by Stripe.

2. Modification to Beta Functionality; Beta Updates

When the Stripe Terminal Services are classified as Beta, you will be one of the first Stripe users to utilize the Stripe Terminal Services, and the Stripe Terminal Services will continue to be classified as such until Stripe, in its sole discretion, removes the Beta classification for the relevant feature release or country (as applicable). 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”, which include any changes to any API, Example Application, SDK, or other technology that forms part of or is related to the Stripe Terminal Services and Stripe Terminal Products). However, if Stripe provides or makes available any Beta Update, you must fully implement the Beta Update (including by pushing or delivering any updated or successor technologies to your Customers) within the time period specified by Stripe (and in any event within 30 days of when Stripe makes the Beta Update available).

3. Availability and Updates During Beta Period

Stripe may make updates, changes, repairs, or 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) suspension of the Beta Services is required by Law or regulation; (b) continued provision of the Beta Services would place Stripe in breach of any obligation Stripe owes to a third party; or (c) Stripe determines that continued provision of 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, ceases to offer the Beta Services, at all or in the applicable jurisdiction.

Section C. General Terms

1. Stripe Terminal Services Disclaimer

Stripe provides the Stripe Terminal Services “as is”, “as available”, and without any (and Stripe expressly disclaims all) warranties and guarantees of any kind (express, implied, statutory, or otherwise), including any implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, no data, documentation or any other information provided by Stripe or obtained by you from or through the Stripe Terminal Services – whether oral or written – creates or implies any warranty from Stripe to you. You must make your own determination as to whether or not to act upon any advice or recommendations made by Stripe in relation to the Stripe Terminal Services, and you assume the sole risk of the consequences of any such determination. This Section applies to the maximum extent permitted by applicable Law, and in addition to any limitations and disclaimers that may be contained in the Stripe Agreements.

2. Limitation of Liability

Under no circumstances will Stripe, our affiliates, and their respective employees, directors, agents, and service providers (each a “Stripe Entity” and together “Stripe Entities”) be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Stripe Terminal Services or for the unavailability of the Stripe Terminal Services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms or your use of the Stripe Terminal Services, even if such damages are foreseeable, and whether or not you or the Stripe Entities have been advised of the possibility of such damages. The Stripe Entities are not liable, and deny responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Stripe Terminal Services. The Stripe Entities are not liable, and further deny any responsibility for all liability and damages to you or others caused by (a) your or your employees’, agents’, contractors’, end users’, and other personnel’s access or use of the Stripe Terminal Services inconsistent with the Documentation; (b) any unauthorized access of servers, infrastructure, or Data used in connection with the Stripe Terminal Services; (c) interruptions to or cessation of the Stripe Terminal Services; (d) any bugs, viruses, or other harmful code that may be transmitted to or through the Stripe Terminal Services; (e) any errors, inaccuracies, omissions, or losses in or to any Data provided to us; (f) third-party content provided by you or your employees, agents, contractors, end users, and other personnel; or (g) the defamatory, offensive, or illegal conduct of others. The foregoing limitations shall not apply to the extent prohibited by applicable Law.

Except to the extent prohibited by applicable Law, you agree to limit any additional liability not disclaimed or denied by the Stripe Entities under these Terms to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount of Fees paid by you to Stripe for the Stripe Terminal Services during the three-month period immediately preceding the event that gave rise to your claim for damages.

Nothing in these Terms operates to exclude or limit liability for (a) death or bodily injury to the extent directly caused by a party’s gross negligence; or (b) fraud or willful misconduct, to the extent that doing so would contravene applicable Law.

3. Term and Termination

These Terms will apply until terminated. Either party may terminate these Terms by written notice if the other party breaches any provision of these Terms and such breach is not cured within thirty (30) days of receipt of written notice of such breach stating the terminating party’s intent to terminate. Either party may terminate these Terms for any or no reason upon sixty (60) days’ prior written notice to the other party. Alternatively, you may cease using the Stripe Terminal Services (which you may do at any time), in which case you must promptly notify Stripe, and these Terms will automatically terminate. If you recommence using the Stripe Terminal Services you will once again be bound by these Terms. Stripe may also terminate these Terms immediately by notice to you if one or more of your Stripe Agreements is terminated. Termination of these Terms will not affect any provisions that give rise to an ongoing obligation or limitations

4. Amendments

We have the right to change or add to these Terms at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Stripe Terminal Services by posting such changes on our website or any other website we maintain or own. We will provide you with Notice of any changes through the Dashboard, via email, or through other reasonable means. You can access a copy of the current terms on our website at any time. You can find out when these Terms were last changed by checking the “Last updated” date at the top of the Terms.

On this page