General Terms of Service – Fiat Systems

These terms apply if you signed up for Fiat Systems on or after December 6, 2023, and will become effective and apply to all Fiat Systems users on January 6, 2024. For terms that apply until then, see here.

Last updated December 6, 2023

We’ve included annotations in gray boxes below to highlight key portions of this notice and help guide you through the text. Annotations aren’t legally binding but are there to assist you in understanding these terms.

By using our services, you agree to these terms on top of any other terms that apply to specific services. If you use our services on behalf of your company, your company agrees to them too.

These General Terms of Service (“General Terms”) constitute a legal agreement between you, as a current or prospective customer of Fiat Systems’ services (“you,” “your”) and Fiat Systems Inc. and govern your use of Fiat Systems’ services, including mobile applications, websites, software, cloud-based solutions, hardware, and other products and services in the United States (collectively, the “Services”). By using any of the Services, you agree to these General Terms and any referenced policies, including our Privacy Notice and terms that limit our liability (see Section 19) and require individual arbitration for any potential legal dispute (see Section 22), which are collectively incorporated by reference. You also agree to any additional terms specific to Services you use (“Additional Terms”), such as those listed below, which become part of your agreement with us (collectively, the “Terms”). If you are using the Services on behalf of a business, you represent to us that you have the authority to bind that business or entity to these Terms, and that business accepts these Terms. Please read all our Terms carefully.

• Payment Terms: These terms apply to all Payment Services.
• Point of Sale Additional Terms of Service: These terms apply when you use certain Fiat Systems Point of Sale Services.
• ACH Service Terms: These terms apply when you use ACH Services.
• Bill Pay Terms: These terms apply when you use the Bill Pay Service.
• Hardware Policies and Limited Warranty: These terms apply when you purchase or use Fiat Systems hardware or third-party hardware and accessories from Fiat Systems or its authorized retailers.
• HIPAA Business Associate Agreement: If you are subject to HIPAA as a Covered Entity or Business Associate and use the Services in a way that causes us to create, receive, maintain, or transmit Protected Health Information on your behalf, then you agree to the HIPAA Business Associate Agreement (“HIPAA BAA”).
• Generative AI Terms: These terms apply when you use any Generative AI or AI-powered products, features, and tools (“AI Products”) offered by Fiat Systems.

1. Fiat Systems Account Registration

Provide accurate personal information during registration and keep it current. We can suspend or terminate your account if you provide false information.

You must open an account with us (a “Fiat Systems Account”) to use the Services. During registration, we will ask for information, which may include your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under your Fiat Systems Account, including any actions taken by those you grant access to your account. We reserve the right to change the account type, suspend or terminate the Fiat Systems Account of anyone who provides inaccurate, untrue, or incomplete information, or fails to comply with the account registration requirements.

2. Revisions, Disclosures, and Notices

We can update our terms of service at any time, and we’ll notify you of these updates as appropriate. By continuing to use our services after these updates, you agree to the revised terms.

You also agree to receive notices from us electronically.

We may amend the Terms at any time with reasonable notice by posting the revised version on our website or through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version.

You agree to Fiat Systems’ E-Sign Consent. We may provide disclosures and notices required by law and other information about your Fiat Systems Account electronically by posting it on our website, pushing notifications through the Services, or emailing it to the address associated with your Fiat Systems Account. Such disclosures and notices have the same meaning and effect as if we had provided you with paper copies.

If you wish to withdraw your consent to receiving electronic communications, contact Fiat Systems Support. If we are not able to support your request, you may need to terminate your Fiat Systems Account.

3. Restrictions

You can’t do certain things when using our services. If you violate these restrictions, we have the right to share your information with law enforcement.

Except where prohibited by law, you may not, nor may you permit any third party, directly or indirectly, to:

Export the Services, which may be subject to export restrictions imposed by US law.
Engage in any activity that may be in violation of regulations administered by the US Department of the Treasury’s Office of Foreign Asset Control.
Access or monitor any material or information on any Fiat Systems system using any automated means.
Except as expressly permitted by law, circumvent any technical limitations or engage in reverse engineering, decompiling, or disassembling of the Services.
Perform or attempt to perform any actions that would interfere with the proper functioning of the Services.
Copy, reproduce, alter, modify, or republish Fiat Systems’ content without prior consent.
Use the Services for illegal activities or goods, or in a way that exposes you, other Fiat Systems users, or Fiat Systems to harm.
Otherwise use the Services except as expressly allowed under these Terms.

If we reasonably suspect that your Fiat Systems Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Fiat Systems Account, and any of your transactions with law enforcement.

4. Compatible Mobile Devices and Third-Party Carriers

We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines.

5. Your Content

You retain all rights to your content when you upload it into our services, but you grant us broad rights to use, modify, and display it in our services. We can remove content at any time if it violates our policies.

The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, and other materials or information (“Content”).

You grant Fiat Systems and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights granted to us in these General Terms. You may modify or remove your Content via your Fiat Systems Account or by terminating your Fiat Systems Account, but your Content may persist in historical, archived, or cached copies.

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory, or that encourages conduct that would be considered a criminal offense or gives rise to civil liability.

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. Fiat Systems may also monitor such Content to detect and prevent fraudulent activity or violations of Fiat Systems’ General Terms.

6. Copyright and Trademark Infringement

We respect the intellectual property rights of others and ask you to do the same. We have adopted an Intellectual Property Policy regarding third-party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of repeat infringers.

7. Security

We take security seriously, but can’t guarantee absolute security. You need to do your part by keeping your passwords safe and being cautious about who has access to your account and devices. If you suspect a security breach, notify us immediately.

If there is a dispute about who owns your account, we have the authority to make the final decision.

We have implemented technical and organizational measures designed to secure your personal information from accidental destruction, loss, alteration, unauthorized access, or unauthorized disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.

You are solely responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or Fiat Systems Account or any other breach of security.

Notwithstanding Sections 21 and 22, in the event of a dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Fiat Systems Account subject to dispute) will be final and binding on all parties.

8. Privacy

Your personal information will be handled according to our Fiat Systems Account Holder Privacy Notice (the “Privacy Notice”). This notice explains how Fiat Systems collects, uses, and protects the personal information you provide to us when using our Services. You must familiarize yourself with the Privacy Notice before using our Services.

If you are a business, you must comply with the data protection laws that apply to your customers’ or employees’ personal data. This includes providing them with information on how their personal data will be processed and ensuring that their data is processed fairly, lawfully, and transparently.

9. Communications

By providing your contact information, you consent to receive messages from us, including marketing messages, via email, mobile devices, or push notifications. You can opt out of marketing communications by following the appropriate instructions.

You consent to receive communications from us, including email, text messages, calls, and push notifications to the phone number associated with your Fiat Systems Account. These communications may include, but are not limited to, requests for secondary authentication, account-related notices, and marketing or promotional messages. You can opt out of promotional communications by unsubscribing from emails or replying ‘STOP’ to text messages. Note that opting out of certain communications may impact your use of the Services.

Fiat Systems also provides Services allowing you to send short message service (SMS) messages to your customers (the “Seller-Initiated SMS Services”). You must use the Seller-Initiated SMS Services in compliance with all applicable laws and regulations.

10. Paid Services

While many of our services are free, we also offer paid services, which can be billed through various means, including linked bank accounts or credit/debit cards.

Fiat Systems offers both free and paid services. Paid services can be subscription-based or billed on an as-used basis. Subscription services require you to pay a recurring fee, and you authorize us to charge your linked debit or credit card. A La Carte Services may incur fees based on usage, and you agree to pay any applicable fees and taxes at the time of use. Subscription fees are typically charged on the first of every month until canceled. You can cancel your subscription at any time, but you won’t be entitled to a refund for any fees already due or paid.

11. Taxes

You are responsible for determining your tax obligations and complying with applicable tax laws. Fiat Systems may be required to charge and remit certain taxes or report information to tax authorities.

Unless otherwise stated, all Paid Service Fees are exclusive of any Taxes. You are responsible for identifying and calculating any and all Taxes required for your use of the Services. Fiat Systems may be obligated to charge applicable Taxes on services, which you agree to pay unless you provide documentation to support an exemption.

Fiat Systems may report certain information to tax and revenue authorities and/or to you with respect to your use of the Services. If applicable, Fiat Systems may deduct from payments to you the amount of any applicable withholding Taxes.

12. Modification and Termination

Fiat Systems reserves the right to terminate your account or deny access to Services at any time for any reason. You can also deactivate your account at any time.

Fiat Systems may terminate these General Terms, Additional Terms, or suspend or terminate your account for any reason. We may also add, remove, or discontinue any Services or features at any time without notice. You may terminate these General Terms by deactivating your Fiat Systems Account.

13. Effect of Termination

If our relationship ends, we are not responsible for any losses you experience because of the termination of our services or for removing your data from our servers. Some terms of our agreement will still apply even after our relationship ends.

Upon termination or suspension of your Fiat Systems Account, the license and other rights granted under these Terms will end, and you must cease use of all Services. Fiat Systems may (but has no obligation to) delete your information and account data stored on our servers. Fiat Systems is not liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services or for the deletion of your information or account data.

14. Your License

Fiat Systems grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Paid Services, and a royalty-free, limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Free Services, as authorized in these General Terms. Fiat Systems may provide updates to the Services, which you must accept to continue using them. These updates may be subject to additional terms made known to you at the time.

15. Ownership

While we’re happy to let you use our services, you don’t have any ownership rights in them. Fiat Systems retains all rights to the Services.

Fiat Systems reserves all rights not expressly granted to you in these General Terms. The Services are protected by copyright, trademark, patent, and other intellectual property laws. Fiat Systems owns all rights, title, and interest in and to the Services. These General Terms do not grant you any rights to our trademarks or service marks. You may submit feedback, comments, or ideas about the Services, which Fiat Systems may use without any obligation to you.

16. Indemnity

If you do something using our services that leads to a lawsuit or fine, you agree to cover our losses.

You agree to indemnify, defend, and hold Fiat Systems and its affiliates, directors, agents, employees, and representatives harmless from any claims, costs, losses, damages, or expenses arising out of or in connection with your use of the Services, your breach of these Terms, or your violation of any third-party rights.

17. Representations and Warranties

You represent that you are who you say you are and that you will comply with the law and our terms.

You represent and warrant to Fiat Systems that you are at least eighteen (18) years of age, that you have the right to enter into these Terms, and that you will comply with all applicable laws and regulations when using the Services. You will not use the Services for fraudulent activities or in a manner that interferes with their operation.

18. No Warranties

The Services are provided “as is,” without any warranties. Fiat Systems does not guarantee that the Services will meet your requirements or that they will be error-free.

Fiat Systems does not make any warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose. Fiat Systems does not warrant that the Services will be error-free or secure. Fiat Systems also does not assume responsibility for products or services advertised or offered by third parties through the Services.

19. Limitations of Liability and Damages

Fiat Systems’ liability is capped as outlined below. We are not responsible for certain damages.

To the maximum extent permitted by law, Fiat Systems will not be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or related to the use or inability to use the Services. Fiat Systems’ total liability is limited to the greater of $500 or the amount of fees earned by Fiat Systems in connection with your use of the Services during the three (3) months prior to the event giving rise to the claim.

20. Third-Party Products

Fiat Systems disclaims all warranties related to third-party hardware and other products. Any issues with these products should be addressed with the manufacturer.

All third-party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer. Fiat Systems makes no representations or warranties regarding such third-party products.

21. Disputes

A “Dispute” refers to any claim or controversy between you and Fiat Systems. Here is how we will resolve Disputes.

“Disputes” are defined as any claim, controversy, or dispute between you and Fiat Systems, its processors, suppliers, or licensors, arising before or during the effective period of these Terms.

22. Binding Individual Arbitration

Fiat Systems and you agree to resolve Disputes through individual arbitration, as detailed below.

Any and all Disputes, except those resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator. Class arbitrations, class actions, and consolidated actions are not permitted. You waive any right to participate in a class action or to have your case decided by a jury.

Before arbitration is commenced, you and Fiat Systems agree to attempt to resolve any Dispute through an informal process. If informal resolution is unsuccessful, arbitration will be administered by the National Arbitration and Mediation (NAM), according to its Comprehensive Rules and Procedures. Each party has the right to choose to pursue a Dispute in a small claims court rather than through arbitration.

23. Governing Law

These General Terms and any Dispute are governed by federal and California law.

The General Terms and any Dispute will be governed by the Federal Arbitration Act and by California law, without regard to its choice of law or conflicts of law principles.

24. Limitation on Time to Initiate a Dispute

Any action or proceeding related to a Dispute must commence within one year after the cause of action accrues.

25. Assignment

You may not transfer any rights under our terms of service to anyone else without our approval.

26. Third-Party Services and Links to Other Websites

If you use services provided by third parties, Fiat Systems is not responsible for any issues or disagreements you may have with them.

27. Third-Party Beneficiaries

These General Terms do not create rights for third parties.

28. State-Specific Privacy Terms

If you operate in certain states with specific privacy laws, you must comply with additional terms.

If you are a “Business” under the California Consumer Privacy Act of 2018 (CCPA) or a “Controller” subject to other specific state privacy laws, these additional privacy terms apply

to you. This section details your obligations and Fiat Systems’ role regarding personal information and privacy practices.

a) Buyer Personal Information

“Buyer Personal Information” refers to information identifying or relating to a consumer or household, processed by Fiat Systems in connection with providing services to you. This information does not include data obtained through Square’s digital receipt, customer directory, email marketing tools, or other similar services. For more information on how we handle your personal data, refer to the Fiat Systems Privacy Notice.

Fiat Systems processes Buyer Personal Information on your behalf to provide the Services, and we agree to:

Not sell Buyer Personal Information.
Not retain, use, or disclose Buyer Personal Information for purposes other than providing the Services.
Process Buyer Personal Information for operational reasons like verifying or maintaining service quality, improving or enhancing the Services, preventing fraud, and complying with legal obligations.
b) Information Deletion

We reserve the right to delete personal information stored pursuant to these General Terms in the ordinary course of business or according to our retention policies. Ensure you have backup copies of any information you may need for your records.

29. Other Provisions

These General Terms and any applicable Additional Terms or Policies constitute the entire agreement between you and Fiat Systems regarding the Services. If there’s a conflict between these General Terms and any other Fiat Systems agreement or Policy, these General Terms take precedence. If any provision of these General Terms is invalid or unenforceable under applicable law, it will be modified to achieve the intent, and the remaining provisions will remain in full effect. No waiver of any term of these General Terms will be considered a further or continuing waiver of that term or any other term.

Conclusion

By using our Services, you agree to these General Terms of Service, which form the basis of your agreement with Fiat Systems. Be sure to read these terms carefully, understand your rights and obligations, and contact us with any questions or concerns. If you have questions about your Fiat Systems Account or our policies, please contact Fiat Systems Support for assistance.