Stripe Terminal TermsPublic Beta

Last Updated: November 14, 2018

Welcome to Stripe Terminal!

These Stripe Terminal Terms (“Terms”) are a contract between Stripe, Inc. (“Stripe”, “us”, or “we”) and the entity or person who is registered on the Stripe Account (“you” or “your”) regarding your use of the Stripe Terminal Products and Stripe Terminal Services (each as defined below). These Terms incorporate your other agreements with Stripe (collectively, the “Stripe Agreements”).

You must accept these Terms before you can use the Stripe Terminal Services or Stripe Terminal Products. By affirmatively accepting these Terms, or using any part of the Stripe Terminal Services or Stripe Terminal Products, you hereby agree to these Terms. Do not accept these Terms or use the Stripe Terminal Services or Stripe Terminal Products if you or your company is prohibited from doing so under the laws of the United States or any other country.

Important: Until you are notified by Stripe to the contrary, the Stripe Terminal Products and Stripe Terminal Services are classified by Stripe as “beta” and pre-release. You understand that the Stripe Terminal Products and Stripe Terminal Services are still in development, may have bugs or errors, may be feature incomplete, and may materially change prior to a full commercial launch, and may never be released commercially. Despite any other provision of these Terms or the Stripe Agreements, you understand and agree that you use of or reliance on the Stripe Terminal Products and Stripe Terminal Services is subject to this classification, which will continue in force until such time as the classification is removed by Stripe.

Section A. Stripe Terminal

1. Definitions

The “Stripe Terminal Products” that are subject to these terms 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 to you (or provide you with access to) from time to time under or in relation to these 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 the Stripe Agreements, and include: (i) product and service documentation; (ii) the Point of Sale Software Development Kits (“SDKs”) and Example Application; (iii) access to Stripe’s Card Present and Point of Sale API(s); (iv) any software and/or firmware preinstalled on, or distributed with, a Stripe Terminal Product (“Included Software”); and (v) any other software, documentation, hardware, 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.

2. Use of Stripe Terminal Services and Stripe Terminal Products

You must use the Stripe Terminal Services and Stripe Terminal Products 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 govern the use of Stripe Services. You may use the Stripe Terminal Services and Stripe Terminal Products solely in conjunction with the Stripe Platform and Stripe Services. You may not use the Stripe Terminal Services other than in conjunction with the Stripe Terminal Products, and you may not use the Stripe Terminal Products other than in conjunction with the Stripe Terminal Services. If the terms of your agreements with your Customers require amendment to allow you to implement the Stripe Terminal Services and Stripe Terminal Products, you must make such amendments before you use the Stripe Terminal Services or Stripe Terminal Products.

3. Limitation on use - commercial purposes only

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

4. Fees

The fees applicable to the use of the Stripe Terminal Services and Stripe Terminal Products are those set out on the Stripe Terminal page and the pricing page, unless you and Stripe expressly (and in writing) agree that different fees will apply. If you do not submit immediate payment, Stripe may delay shipment of the Stripe Terminal Products until the full amount of your payment is received. The fees applicable to the Stripe Terminal Services and Stripe Terminal Products are in addition to any fees that may be payable under the Stripe Agreements.

5. Data

All data collected, used, retained, or disclosed in connection with the Stripe Terminal Services and Stripe Terminal Products is “Data” as that term is defined in the Stripe Agreements, and is be governed by the terms of the Stripe Agreements that apply to Data.

6. Offline Transactions

Stripe may provide functionality in the Stripe Terminal Services and Stripe Terminal Products that enables you to conduct POS Transactions while the Stripe Terminal Products are offline. If you decide to use this functionality, Stripe does not guarantee that offline POS Transactions will be processed correctly (or at all) once the Stripe Terminal Products come online, and you assume the risk of offline POS Transactions not being queued and stored correctly by the Stripe Terminal Products.

7. Feedback

You may choose to or we may invite you to submit comments or ideas about improvements to the Stripe Terminal Services or Stripe Terminal Products. 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.

8. Modification to beta functionality; Beta Updates

As indicated above, the Stripe Terminal Services and Stripe Terminal Products are explicitly classified as “beta” and pre-release. You will be one of the first Stripe users to utilize the Stripe Terminal Services, and the Stripe Terminal Services and Stripe Terminal Products will continued to be classified as such until Stripe, in its sole discretion, makes a final (i.e., not a pre-release) successor to the Stripe Terminal Services and Stripe Terminal Products generally commercially available for purchase by Stripe users. 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 Stripe Terminal Services and Stripe Terminal Products, 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 30 days of when Stripe makes the Beta Update available. This Section A.8 will cease to apply if, and when, Stripe re-classifies the Stripe Terminal Services and Stripe Terminal Products as general release.

Section B. Stripe Terminal Services Terms

1. 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 any computer code provided or made available in source code form and identified as “Example Application” or with an analogous designation) solely 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 are provided with access to third-party 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. 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 B.3.

2. Ownership and rights

These Terms do not grant any rights or licenses in the Stripe Terminal Services other than as expressly stated in Section B.1. 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.

3. Restrictions

You will not:

(a) modify, disassemble, decompile, or reverse engineer any part of the Stripe Terminal Services (except that you may modify any Example Application source code included in the Stripe Terminal Services);

(b) 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 herein;

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

(d) distribute, sell, lease, assign, sublicense, or transfer the Stripe Terminal Services (other than the incorporation in your applications, in accordance with these Terms, elements of the Example Application or Stripe Terminal Services SDK, if any, identified by Stripe as “distributable” or with an analogous designation, and then solely in object or binary code form;

(e) disclose the results of any performance benchmarks or similar testing of the Stripe Terminal Services or the Stripe Platform to any third party without Stripe’s prior written consent;

(f) 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;

(g) 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 product, 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;

(h) use the Stripe Terminal Services in any jurisdiction other than those expressly approved by Stripe; or

(i) use the Stripe Terminal Services for or in connection with applications that (1) are used in any medical, life-saving or life sustaining systems, (2) used for the diagnosis of disease or the cure, mitigation, treatment, or prevention of disease or for any use that is intended to affect bodily structure or function, (3) to be used as an accessory to a regulated medical device or to transform a computing platform into a regulated medical device, or (4) to be used in energy equipment, air traffic control, the operation of communication system, public transportation control, life support devices, or other devices that may cause deaths, injuries or severe physical or environmental losses if the application fails to perform in such devices. You are also responsible for ensuring that your employees, agents, contractors, end users, and other personnel do not engage in any conduct that is prohibited in this Section.

4. 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 B.4 applies in addition to any limitations and disclaimers that may be contained in the Stripe Agreements.

5. Availability and updates during beta period

Due to the pre-release nature of the Stripe Terminal Services, Stripe may make updates, changes, repairs, or maintenance to the Stripe Terminal Services at any time, and with or without notice, which may result in changes in the availability or quality of the Stripe Terminal Services. In addition, Stripe may suspend your access to the Stripe Terminal Services with or without notice, including if Stripe reasonably believes that: (a) suspension of the Stripe Terminal Services is required by law or regulation; (b) continued provision of the Stripe Terminal Services would place Stripe in breach of any obligation Stripe owes to a third party; or (c) Stripe determines that continued provision of the Stripe Terminal Services would give rise to an unacceptable security or privacy risk there is a security or privacy risk associated with use of the Stripe Terminal Services. Stripe may also terminate your access to the Stripe Terminal Services if Stripe, in its sole discretion, ceases to offer the Stripe Terminal Services, at all or in the applicable jurisdiction. This Section B.5 will cease to apply if, and when, Stripe re-classifies the Stripe Terminal Services and Stripe Terminal Products as general release.

Section C. Stripe Terminal Product Terms

1. Hardware availability

The Stripe Terminal Products consist of hardware and accessories manufactured by third parties and resold by Stripe. While Stripe makes reasonable efforts to maintain sufficient supply of Stripe Terminal Products, inventory shortages at our manufacturers and distributors may affect our ability to fulfil an order. Stripe reserves the right to cancel your order at any time if we are unable to fulfil the order for any reason. If your order is cancelled, we will fully refund your purchase price. If you submit an order, and the order is accepted by Stripe, you are bound by the order unless the order is cancelled by Stripe.

2. Products, Content and Specifications.

Stripe may make details of the Stripe Terminal Products available via means such as the Stripe Shop and your Stripe Dashboard. All features, content, specifications, products and prices of products and services described or depicted by Stripe are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you due to the limitations of the systems that you use to access the the specifications. The inclusion of any products or services at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

3. Shipping and returns

Orders are shipped using carriers selected by Stripe. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Stripe is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Despite any contrary terms in any invoice or purchase order, the Products will be delivered FCA delivery location (as such location is designated on the applicable order) (Incoterms 2010).

Stripe Terminal Products may be returned in their original packaging and condition (including all accessories and components provided) within 30 days of purchase. To begin the return process for a Stripe Terminal Product, please contact us. Return shipping instructions will be provided. Stripe will cover the cost of return shipping and will refund your purchase price in full.

4. End-users

Subject to the next next sentence, and to the maximum extent permitted by applicable Law, you are only permitted to purchase Stripe Terminal Products for your own use, and you may not resell the Stripe Terminal Products. If you are a Stripe Connect platform, Stripe may permit you to resell Stripe Terminal Products to your Connected Accounts, subject to such additional conditions as Stripe may specify. Stripe may terminate a resale permission at any time, and for any reason. Stripe reserves the right to refuse to sell or ship Stripe Terminal Products to any person we believe intends to use or resell the Stripe Terminal Products in contravention of these Terms (including this Section).

5. Hardware warranty.

Any standard warranties provided by the original equipment manufacturer (“OEM” and “OEM Standard Warranty”) of the Stripe Terminal Products are, to the fullest extent permitted by the OEM, passed through to you at no additional cost to you; and the OEM (and not Stripe) shall be responsible for honoring any such OEM warranty. To make a warranty claim, please contact us. We will provide you with information about how to return your device and obtain a replacement device.

6. Installation and maintenance; use with third party products

You are responsible for installing, integrating and maintaining the Stripe Terminal Products, which includes updating the software and firmware on the Stripe Terminal Products as may be required by Stripe or the OEM from time to time. Use of the Stripe Terminal Products in conjunction with any other products, such as hardware accessories, may lead to incompatibilities which cause the Stripe Terminal Products to not function correctly. As a consequence, all such use is at your own risk.

7. Disclaimer

The Stripe Terminal Products are provided as-is and with all faults. Stripe provides no express or implied warranties or conditions, and Stripe disclaims any implied representations, warranties, and conditions with respect to the Stripe Terminal Products, 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 Stripe Terminal Products.

8. Included Software

Included Software may be subject to separate license terms included with that software (“EULA”). You accept the EULA (a) by breaking the seal on packaging of a Stripe Terminal Product that refers to the EULA or going to the site where the EULA is identified as available, (b) by using the Stripe Terminal Product, or (c) by installing, copying, or otherwise using or attempting to use the Included Software. If more than one software product is included in the Included Software, then each product may have its own EULA. You are not authorized to install or use the Included Software unless you first agree to the Included Software’s EULA. If you do not want to agree to a EULA, you may return the Product unused to us for a full refund. Each EULA is not part of these Terms, but to the extent of any conflict with these Terms, the EULA will control solely for the Included Software to which it applies. All rights not expressly granted to you in these terms are reserved. If any Included Software does not include a EULA, then Stripe grants you a limited, personal license to use that Included Software only with the Stripe Terminal Product on which it was installed and provided to you, and for all purposes under this Agreement, including with regard to limitations on our liability, such Included Software will be deemed to be part of the Stripe Terminal Product on which was installed and provided to you.

9. U.S. export

Stripe Terminal Products and Included Software are subject to U.S. export jurisdiction. You must comply with all applicable international and national laws, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end-user, end use, and destination restrictions by U.S. and other governments related to the Stripe Terminal Products and Included Software.

10. Free Recycling Program

As part of these Terms, we offer to provide a free recycling service on a similar- or like-for-like basis for electronic equipment (any brand) that is returned at your cost (i.e., transported) to a designated Stripe collection point within your country. A certificate of disposal will be supplied by us. Where national legislation dictates other services must be offered, we will adapt the service to be compliant. Where the offered service cannot be provided, we will communicate this to you. Please contact us to organize return by supplying the address where the units for disposal are stored (we will endeavor to identify an appropriate in-country collection point), the number of units, the type of units (desktop, laptop, tablet, mobile phone) and estimated total weight (kgs). Please note, we assume no responsibility for loss or confidentiality of your data (or any other information) on equipment sent for recycling. Before shipping, you must delete data on hard disk drives and any other storage devices in the electronic equipment for disposal. Where possible, you must remove and damage beyond use any removable media, such as hard disk drive modules. you must not include any hazardous materials. Once the electronic equipment has been shipped, we cannot return it to you. Participation in this program constitutes a relinquishment of all rights to and in the electronic equipment and other related materials sent to us.

Section D. General Terms

1. Relationship to Stripe Agreements

The Stripe Agreements are incorporated into these Terms, regardless of whether you enter into the Stripe Agreements before or after you enter 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 and Stripe Terminal Products, 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 and Stripe Terminal Products. By entering into these Terms, you expressly ratify the Stripe Agreements. Capitalized terms not defined in these Terms are defined in the Stripe Agreements.

2. Limitation of liability

Under no circumstances will Stripe, our affiliates, and their respective employees, agents, and service providers (each a “Stripe Entity”) 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 Stripe Terminal Products or for the unavailability of the Stripe Terminal Services or Stripe Terminal Products, 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 or Stripe Terminal Products, 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 or Stripe Terminal Products. The Stripe Entities further deny 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 or Stripe Terminal Products inconsistent with the Documentation; (b) any unauthorized access of servers, infrastructure, or Data used in connection with the Stripe Terminal Services or Stripe Terminal Products; (c) interruptions to or cessation of the Stripe Terminal Services or Stripe Terminal Products; (d) any bugs, viruses, or other harmful code that may be transmitted to or through the Stripe Terminal Services or Stripe Terminal Products; (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 this Agreement 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 and Stripe Terminal Products 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 the first to occur of (a) Stripe’s decision to stop offering the Stripe Terminal Services (which it may decide to do at any time, in its absolute discretion); or (b) you ceasing to use the Stripe Terminal Services (which you may do at any time). Stripe may also terminate or suspend your access to the Stripe Terminal Services if you breach these Terms. If you cease use of the Stripe Terminal Services, you must promptly notify Stripe, and if you recommence using the Stripe Terminal Services you will once again be bound by these Terms. Stripe may also terminate these Terms 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 a ongoing obligation or limitations, including Sections A.2, A.3, B.3, B.4, C.4 - C.10, and D.1 - D.3.

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 and Stripe Terminal Products 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 of this Agreement on our website at any time. You can find out when this Agreement was last changed by checking the “Last Updated” date at the top of the Agreement.