Collect for Stripe Terms of Service

Collect for Stripe (“Collect”) is owned and operated by the product development agency Oddly Duckling, LLC (“Oddly Duckling” or “we”). The following terms and conditions govern all use of the Collect for Stripe software platform (“the Application”) and all content, services, and products available at or through the app (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by Collect (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. By connecting your Stripe, Inc. (“Stripe”) account and gaining access to the Collect app, you agree to be bound to these terms.

Description of Service

The Service is an application-based service that connects your iOS or Android app securely to Stripe (or in the future, other payment platforms) account, and allows that account to charge credit cards via EMV and magnetic-stripe credit (and debit) card readers, as well as keyed-entry payments.

Payment and Fees

Collect receives a 1.4% (one-point-four percent) fraction of any transaction created within the Application. This would be equivalent to $0.70 (USD) for every $50.00 you receive. Fees also apply to all recurring charges from Stripe Subscriptions created within the Application.

Stripe itself charges a fee of 2.9% + 30 cents for each transaction. This is wholly unrelated to Collect, and applies to all Stripe users throughout the world regardless of platform or app, unless otherwise negotiated with Stripe directly.

Stripe and Collect do not automatically refund application fees for refunded charges. You may request an application fee refund for any charge greater than $100 USD, though it is not guaranteed.

Your Information

Collect works as a pass-through entity for your Stripe data and transactions. The only information stored in the app is the most basic Stripe user identification received upon connecting your account. This data, primarily the oAuth token, gives Collect the ability to create charges on your behalf. We do not store any payment or transaction data whatsoever, nor do we ever store any credit card or banking information. Rather, we allow you to work directly through Stripe and its dashboard for all payment and business-related records of any kind.

Data Protection

Collect will never sell, give away or otherwise trade in user information (that is to say we wouldn’t event if we actually had it). Further, our policy is to never collect or save any sensitive client information except where necessary for use of features (the aforementioned oAuth token). If a Stripe account is disconnected or the app is deleted, this data is also deleted from the device permanently.

Third-Party Status

Collect is optimized for the Eclipse A200 EMV card reader and Element A100 card reader ("hardware"), and may or may not add support for more readers. As a third-party platform, Collect operates independently of CardFlight (SDK), hardware manufacturers, Stripe and any future involved parties. Collect will attempt to provide as much support and access as possible to these services within reason, but makes no guarantee of any said support, access or warranty to these third parties.

We will refund the purchase price of hardware if we are required to do so by law or we agreed to a refund. Collect may charge fee for processing or handling returns of hardware or refunding the purchase price. If the hardware is returned in used condition, we may refuse to refund the purchase price.

Application Support

Because Collect harnesses the power of Stripe for all transactions and payment data, any data-related issues should be taken directly to Stripe Support. This will cover the vast majority of any problems you will encounter, including most failed transactions. Questions and issues specific to the application (user interface, lack of ability to connect or unresponsiveness) can be submitted via the Support page on collectforstripe.com. Support questions will be addressed via email from info@collectforstripe.com.

Supported devices and software versions are subject to change. As operating systems are updated, support for some devices or operating systems may be dropped, added, or otherwise altered without notice at the discretion of Collect.

Collect for Stripe IP

Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). These Terms do not grant you any right to use Collect’s trademarks or other brand elements.

We own all legal right, title and interest (including all copyright and other intellectual property rights) in and to the Service, including – without limitation – all software comprising a part of the Service that is hosted on our servers and all materials displayed or performed on or in the Service, including but not limited to graphics, text, images, photographs, articles, illustrations and the look and feel of the Service (collectively, the “Collect Content”).

You may reuse or copy any portion of the application code, the app/website HTML, Javascript, CSS or design elements of the Service without express written permission from Collect.

Taxes

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our software and services (“Taxes”). You also are solely responsible for collecting, reporting, withholding and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.

Changes

We sometimes have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.

Disclaimer of Warranties

Our Services are provided “as is.” Collect and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Collect nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Cancellation of Services

You may cancel Services at any time. Delete your Stripe data by tapping the logout button on the Collect Settings menu from your iPad/iPhone/Android. Then close and uninstall the Application.

It is your responsibility to disconnect Collect’s access to your Stripe account by deleting Collect for Stripe from your “Connected Apps” section of Stripe.

General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

US Economic Sanctions

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited.

International Use

Collect for Stripe and Oddly Duckling do not closely follow banking & security policies of each country / banking system. The company does not officially endorse or guarantee website-listed card readers outside the United States. You may order A100 readers and use or test for any reason as you see fit, within your own laws. Collect for Stripe bears no responsibility for security or payment disputes, and you agree to use hardware solely at your own risk.

Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Miscellaneous

This Agreement constitutes the entire agreement between Oddly Duckling and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Oddly Duckling, or by the posting by Oddly Duckling of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language and the arbitral decision may be enforced in any court.

The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Oddly Duckling may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Waiver of Liability

In no event will Oddly Duckling, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) for unauthorized access to your data and unlawful activity carried out therewith; or (v) for any amounts that exceed the fees paid by you to Oddly Duckling under this agreement during the twelve (12) month period prior to the cause of action. Oddly Duckling shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE ODDLY DUCKLING PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (ii) THE USE OR THE INABILITY TO USE THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (v) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS; OR (Viii) ANY OTHER MATTER RELATING TO THE SERVICE.

You agree to indemnify and hold harmless Oddly Duckling, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Statute of Limitations

Regardless of any law or statute, you agree that any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.