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Supplemental Payment Provider Services Terms

  1. Applicability and Conflict. These Supplemental Payment Provider Services Terms (“Payment Provider  Terms” formerly the Supplemental Stripe Terms) are a part of and incorporated into the Master Services Agreement (the “MSA”) and shall apply with respect to your use of any third-party payment provider service including Stripe, Inc. (“Stripe”) and PayPal Inc. (“PayPal”) made available to you by Firework via the Subscription Services (the “Payment Services”). Collectively, Stripe and PayPal are referred to as “Payment Providers.” In the event of any conflict between these Payment Provider Terms and the MSA, the Payment Provider Terms shall take precedence and control as to the use of Payment Provider Services. Capitalized terms used and not defined herein shall have the meanings assigned to them in the MSA.
  2. Stripe Payment Services. 
    1. Firework may provide you with the ability to onboard certain Stripe Payment Services via the Firework platform. By onboarding any Stripe Payment Services, you agree to be bound by the Stripe Connected Account Agreement (https://stripe.com/connect-account/legal) (the “Stripe Connected Account Agreement”), which includes the Stripe Services Agreement (https://stripe.com/[countrycode]/ssa where “[country code]” means the two-letter abbreviation for the country where your Stripe account is located) (the “Stripe Services Agreement”) as the same may be modified by Stripe from time to time. In using any Stripe Payment Services, you agree that you will not use the Stripe Payment Services in violation of your Stripe Connected Account Agreement or Stripe Services Agreement or for any activity that is expressly prohibited, including those activities listed on Stripe’s “Restricted Business List” (https://stripe.com/legal/restricted-businesses).The information you submit as part of this onboarding process is provided only to Stripe and is not shared with Firework. You agree to provide accurate and complete information to Stripe. By submitting your information to Stripe, you consent to the collection, use and disclosure of such information in accordance with the Stripe Privacy Policy. Please review the Stripe Privacy Policy, which can be found at https://stripe.com/privacy for more information about how Stripe collects, uses, and discloses personal information.When a purchaser makes a purchase from you utilizing Stripe Payment Services, we obtain the email address of the purchaser which we use to confirm the purchaser’s order from you or to enquire regarding purchases that were attempted but not completed. More information about how we collect, use, share and protect personal information is available in our Privacy Policy, which can be found at Privacy Policy.
  3. PayPal Payment Services:
    1. To use the PayPal Payment Services, you agree to the PayPal Account User Agreement, the PayPal Electronic Communication Delivery Policy, and PayPal Acceptable Use Policy, which are found at https://www.paypal.com/us/legalhub/home as such may be modified by PayPal from time to time, and you agree to comply with any other applicable terms to the PayPal Services you select to use.
    2. The information you submit as part of this onboarding process with PayPal is provided only to PayPal and is not shared with Firework, except for your PayPal email address. You agree to provide accurate and complete information to PayPal. By submitting your information to PayPal, you consent to the collection, use and disclosure of such information in accordance with the PayPal Privacy Policy. Please review the PayPal Privacy Policy, which can be found at https://www.paypal.com/myaccount/privacy/privacyhub for more information about how PayPal collects, uses, and discloses personal information. When a purchaser makes a purchase from you utilizing PayPal Payment Services, we obtain the email address of the purchaser which we use to confirm the purchaser’s order from you or to enquire regarding purchases that were attempted but not completed. More information about how we collect, use, share and protect personal information is available in our Privacy Policy, which can be found in Firework’s Privacy Policy.
    3. You agree that you will not engage in any unfair, deceptive or abusive acts and practices in the course of using the PayPal Payment Services.
  4. Shopify:
    1. You may purchase our Services through Shopify App Store.  Your use of Shopify and its payment services are subject to the Shopify Terms of Service located at  https://www.shopify.com/legal/terms as such may be modified by Shopify from time to time, and you agree to comply with any other applicable terms to the Shopify services you select to use.
  5. Disclaimers. Firework and its Affiliates are not responsible or liable, directly or indirectly, for any damage or loss suffered by you which is caused or alleged to be caused by or in connection with the processing of purchaser payments by Stripe, PayPal, the Stripe Payment Services or PayPal Payment Services, or the collection, use, or disclosure of personal information by Stripe or PayPal. You expressly understand and agree that all payments and monetary transactions in connection with the Stripe Payment Services are handled by Stripe and all payments and monetary transactions in connection with the PayPal Payment Services are handled by PayPal. You expressly understand and agree that Firework and its Affiliates are not liable for (i) any payments and monetary transactions that occur through your use of Payment Services, (ii) any issues regarding financial and monetary transactions between you and any other party, including Stripe or PayPal, and/or (iii) any loss or damage from transactions (including errant or invalid transactions) processed with your Stripe account or PayPal account.
  6. Indemnification by Customer. Customer will defend Firework and its Affiliates from any and all claims, demands, suits or proceedings brought against Firework or its Affiliates by a third party arising out of or relating to (a) Customer’s breach of any provision of these Payment Provider Terms, the applicable Payment Provider Account Agreement or the applicable Payment ProviderServices Agreement; (b) any disputes between Customer and a third party, including those arising from your use of any Payment Services; (c) your use of any Payment Services in a manner that is illegal or inconsistent with the applicable Payment Provider’s documentation, in the case of Stripe, Stripe’s documentation (https://stripe.com/docs/connect) and in the case of PayPal, PayPal’s documentation (https://developer.paypal.com/docs/multiparty/); or (d) the processing of purchaser payments by the Payment Provider, or the collection, use, or disclosure of personal information by the Payment Provider. Customer will indemnify Firework and its Affiliates for all damages, costs, reasonable attorneys’ fees finally awarded by a court of competent jurisdiction, or paid to a third party in accordance with a settlement agreement signed by Customer arising from or in connection with a claim that is covered by this Section. Customer’s liability under this Section shall not be subject to any of the exclusions or limitations of liability in Section 9 (Limitation of Liability) of the MSA.

Last Updated Date: May 1, 2024