Supplemental Stripe Terms

1. Applicability and Conflict.

These Supplemental Stripe Terms (“Stripe Terms”) are a part of and incorporated into the Master Subscription Agreement or another webpage designated by Firework (the “MSA”) and shall apply with respect to your use of Stripe, Inc. (“Stripe”) payment processing services made available to you by Firework via the Subscription Services (the “Stripe Payment Services”).‍

2. Onboarding Stripe Payment Services.

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. Additional Terms for Link Payment Method.

• 3.1. In making the Stripe Payment Services available to Customer through the Firework platform, Firework may offer you the ability to accept payments using Stripe’s APIs that allow purchasers to submit payment via Link with Stripe using supported payment method types, such as credit and debit cards and instant debits (“Stripe’s Link Payment Method”). To extent you use Stripe’s Link Payment Method, you acknowledge and agree to the following additional terms required by Stripe:
  • 3.1.1. except as otherwise provided in the terms for Stripe’s Link Payment Method available at the relevant Stripe Legal Page (if any), by accepting a payment using the Link Payment Method, you are agreeing to the Payment Method Rules (as defined in the Stripe Services Agreement) applicable to credit card, debit cards and ACH payment methods accepted by Stripe, the Wells Fargo Financial Services Terms (https://stripe.com/wells-fargo/legal), PNC Bank Financial Services Terms (https://stripe.com/pnc/legal), and the Stripe Payments Company Terms (https://stripe.com/spc/legal);
  • 3.1.2. your ability to accept payments using Stripe’s Link Payment Method is a beta feature subject to the terms applicable to beta products and features under the Stripe Connected Account Agreement until such time as Stripe categorizes Stripe’s Link Payment Method as generally available; and
  • 3.1.3. for each transaction submitted using Stripe’s Link Payment Method, Stripe will apply fees based on the Standard Pricing.

• 3.2. For purposes of this Section3:
  • 3.2.1. “Standard Pricing” means the pricing listed on https://stripe.com/[countrycode]/pricing (or any successor URL), as updated from time to time, where “[country code]” means the two-letter abbreviation for the country where your Stripe account is located.
  • 3.2.2. “Stripe Legal Page” means https://stripe.com/[countrycode]/legal, as updated from time to time, where ”[countrycode]” means the two-letter abbreviation for the jurisdiction where your Stripe account is located.

4. 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, the Stripe Payment Services, or the collection, use, or disclosure of personal information by Stripe. You expressly understand and agree that all payments and monetary transactions in connection with the Stripe Payment Services are handled by Stripe. 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 Stripe Payment Services, (ii) any issues regarding financial and monetary transactions between you and any other party, including Stripe, and/or (iii) any loss or damage from transactions (including errant or invalid transactions) processed with your Stripe account.

5. 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 the Stripe Terms, the applicable Stripe Connected Account Agreement or the applicable Stripe Services Agreement; (b) any disputes between Customer and a third party, including those arising from your use of any Stripe Payment Services; (c) your use of any Stripe Payment Services in a manner that is illegal or inconsistent with Stripe’s documentation (https://stripe.com/docs/connect); or (d) the processing of purchaser payments by Stripe, the Stripe Payment Services, or the collection, use, or disclosure of personal information by Stripe. 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 5. Customer’s liability under this Section 5 shall not be subject to any of the exclusions or limitations of liability in Section 9 (Limitation of Liability) of the MSA.