Stripe Promotional Email Terms

Last updated: July 19, 2021

These Stripe Promotional Email Terms (“Terms”) apply to your use of the Stripe Promotional Email Services (defined below) and any data you obtain through the Stripe Promotional Email Services. Do not accept these Terms or use the Stripe Promotional Email Services if you or your company is prohibited from doing so by applicable Law.

1. Relationship to Stripe Agreements

1.1 Stripe Agreements. When you use the Stripe Promotional Email Services, 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 Stripe Promotional Email Services, 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

“Stripe Promotional Email Services Documentation” means the Documentation, along with other documentation that Stripe makes available to you (including via email and the Dashboard), relating to the Stripe Promotional Email Services.

“Stripe Promotional Email Address” means an email address captured by Stripe and provided to you in connection with the Stripe Promotional Email Services.

“Stripe Promotional Email Services” means a set of Stripe APIs that enable Stripe to capture and provide to you email addresses, information related to the contents of carts abandoned prior to checkout using the Stripe checkout service, and a link to return to the checkout page, which services are further described in the Stripe Promotional Email Services Documentation. The Stripe Promotional Email Services are “Services” under the Stripe Services Agreement.

3. Use of the Stripe Promotional Email Services

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 Stripe Promotional Email Services in accordance with these Terms and the Stripe Promotional Email Services Documentation.

3.2 Ownership of Stripe Promotional Email Services 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 Stripe Promotional Email Services (collectively, “Stripe Promotional Email Services IP”) and all copies of the Stripe Promotional Email Services IP. Stripe Promotional Email Services IP may be protected by copyright, trade secret, patent, and other intellectual property Laws, and all rights in Stripe Promotional Email Services IP not expressly granted to you in these Terms are reserved.

3.3 License: You are granted a nonexclusive, nontransferable, and royalty-free license to electronically access and use the Stripe Promotional Email Services 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 Stripe Promotional Email Services IP. Stripe may make updates to the Stripe Promotional Email Services IP available to you automatically as electronically published by Stripe, but Stripe may require action on your part before you may use the Stripe Promotional Email Services 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 Stripe Promotional Email Services IP in a manner prohibited by these Terms.

You must not: (a) claim or register ownership of Stripe Promotional Email Services IP on your behalf or on behalf of others; (b) sublicense any rights in Stripe Promotional Email Services IP granted to you; (c) import or export any Stripe Promotional Email Services IP to a person or country in violation of any country’s export control Laws; (d) use Stripe Promotional Email Services 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 Stripe Promotional Email Services only for the purpose of sending order reminders and personalized offers to Stripe Promotional Email Addresses.

3.5 Restricted Uses: You must not, and must not enable or allow any other party to: (a) use any Stripe Promotional 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 Promotional Email Address, or any Stripe Data you receive in connection with the Stripe Promotional Email Services, to any third party, except as required by applicable Law; or (c) access or use the Stripe Promotional Email Services, or any Stripe Data you receive in connection with the Stripe Promotional Email Services, 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) 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 Promotional Email Address and (ii) directly through your website or customer service channels, and promptly comply with those instructions. (c) You acknowledge that you have read and understand these Terms, and all Stripe Promotional Email Services Documentation, including any Privacy Center information, regarding the operation of the Stripe Promotional Email Services.

3.7 No agency. Stripe is an independent service provider to you and is not acting as your agent in any capacity when providing the Stripe Promotional Email Services.

4. Representations and Warranties

You represent and warrant to Stripe that your use of the Stripe Promotional Email Services will comply with all applicable Law.

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 Stripe Promotional Email Services: (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 Stripe Promotional Email Services, 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 Stripe Promotional Email Services 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 Stripe Promotional Email Service without appropriate consent; (ii) result from or allege your misuse of the Stripe Promotional Email Services; or (iii) result from or allege your breach of these Terms.

8. Beta Services Terms

8.1 Beta Services: Stripe may indicate that the Stripe Promotional Email Services, with regard to a particular release or feature, or as offered in certain countries or regions, are classified by Stripe as “beta”, “pilot”, “limited availability”, “invite only”, or “pre release” (“Beta,” and the Beta portion of the Stripe Promotional Email Services, “Beta Services”). 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 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 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.

8.2 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.

8.3 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.

8.4 Fees: Stripe may, at its discretion, provide Beta Services free of charge. Stripe may charge Fees for your use of the Stripe Promotional Email Services at any time (a) upon 30 days’ advance notice to you; or (b) after removing the Beta designation.