On 17 November, 2022, we updated our Stripe Services Agreement and related terms which apply to the use of specific Stripe products in the UK, European Economic Area (EEA), and Switzerland. More information on these changes, including a summary of the most notable changes and when they take effect, is outlined below.
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For our existing users in the UK, EEA, and Switzerland, the updated Stripe Services Agreement and related terms will take effect on 24 January 2023 (except for Stripe Connect Platforms with Custom or Express Accounts in the UK, EEA and Switzerland, and those Custom and Express Accounts, for whom the updated terms will take effect on 24 February 2023).
If you do not agree to the updated terms, you will need to stop using Stripe, and close your Stripe account before these terms become effective. Your use of our products and services after the effective date will be subject to these updated terms.
The updated terms take effect immediately for new users in the UK, EEA, and Switzerland.
If you are OK with the updated terms, you don’t need to take any action, unless you are a Connect Platform user. (If you are a Connect Platform user, see below).
If you use Connect and have Custom or Express accounts in the UK, EEA, and Switzerland, you are responsible for notifying these users of the updated terms, and we request you do so by 18 December 2022. We suggest you use your usual method of updating your users on important changes (e.g., by email). We recommend you send Custom and Express Accounts a notice that includes the following information:
Stripe is updating its legal terms. You can read the Stripe Connected Account Agreement (incorporating the Stripe Services Agreement) and related terms here. The updates to the SSA will take effect on 24 February 2023. No action is needed from you, but by continuing to use Stripe’s services on or after that date, you are agreeing to the updated SSA. You can learn more about these updates on Stripe’s FAQ page here.
If you use Connect with Standard accounts, there’s no action needed from you—we’ve already let your Standard users know about the changes.
Connect Platforms based outside the UK, EEA, and Switzerland: If you are a Connect Platform user based outside of the UK, EEA, and Switzerland, the updated terms do not apply to your use of Stripe (and your existing terms remain applicable), but you are responsible for notifying your Custom and Express accounts in the UK, EEA, and Switzerland of the updated terms as mentioned above.
When we update these legal terms, we’re required to send a legal notice to all affected Stripe users, even if you have unsubscribed from our marketing messages. As a Stripe user, you can’t unsubscribe from legal notices.
You can find our updated terms, which are labelled as “Last updated: November 17, 2022,” at stripe.com/legal. If you have agreed to other terms with Stripe for the use of a Stripe service which take precedence over these online terms, those other terms are unaffected by this change.
Some of the most notable changes include:
Stripe Services Agreement
Clearer, more concise, and easier to navigate terms
As we grow our product suite, we’re streamlining our legal terms to make them more concise and easier to understand and navigate. Our newly restructured Stripe Services Agreement (SSA) contains (a) fundamental general terms that apply to each Stripe service and (b) additional services terms applicable to specific Stripe services, such as Payments, Connect, and Terminal. When you access or use a Stripe service, the Stripe Services Agreement and the relevant service terms for that service (if any) will apply. We have deprecated the standalone Authorised Payment Services Terms and moved the relevant provisions into the SSA.
A Data Processing Agreement is incorporated into our terms
Our Stripe Services Agreement now incorporates a Data Processing Agreement (DPA) which governs the processing of personal data by Stripe. The DPA incorporates approved data transfers mechanisms such as the EU Standard Contractual Clauses which apply where personal data is transferred from the EEA, Switzerland, or the UK to a country or recipient not recognised as providing an adequate level of protection for personal data under applicable data protection laws.
Change to the applicable Arbitration Rules
Disputes or claims under the SSA will continue to be resolved by binding arbitration, but the arbitration will be governed by the Rules of Arbitration of the International Chamber of Commerce (ICC), instead of the JAMS International Arbitration Rules. We’ve also added additional clarity on how the arbitration will be conducted, including how fees will be covered.
Protection for you against third-party claims regarding IP infringement
We’ve added a section explaining the protection we will provide you if a third party claims that your use of our technology or services infringes their intellectual property rights. Specifically, we’ve outlined a) when that protection will and will not apply; b) how that process will work; and c) some of the actions we may take in that case.
Increased optionality on how we update our terms and how we communicate with you
As our products and services evolve and the world around us changes, we’ll need to update our terms from time to time. We may do so by posting a revised version of the terms on the Stripe Legal page. We typically communicate with you electronically, and we’ve updated our terms and our E-Sign Disclosure to provide more information on how and when we may do so. For Connect Platforms, we also clarify their obligation to notify their Custom and Express Connected Accounts of any changes we make to our terms.
Greater clarity on the steps we may take to protect Stripe and others from risks related to your business
For each payment transaction we process for you, Stripe and our financial partners are exposed to financial and credit risk. Our updated terms enable Stripe to take certain actions to safeguard against this risk, including by establishing a reserve and suspending providing services to you, and as part of this update to our terms, we provide greater clarity on when and how we may take these actions. We believe that our approach aligns with payment industry standards and aims to ensure we can continue to provide a robust, reliable and sustainable service to all of our users.
Investment of funds
We clarify how we hold funds before making payouts to you. In accordance with applicable law (including our safeguarding obligations) and subject to regulatory oversight, Stripe may invest funds held in pooled accounts into secure, liquid investments. Importantly, our payout obligations to you remain unchanged and will not be impacted by potential investments.
Greater clarity and optionality on how we collect fees and other amounts you owe to Stripe
We are not changing our fees as part of this update, but we provide greater clarity on how and when Stripe collects fees and other amounts you owe to Stripe under the updated terms. We typically collect fees on a per transaction basis before we transfer funds to you, but we may also issue an invoice to you or deduct amounts you owe us from any reserve we hold, your Stripe account balance or your bank account(s), or those associated with you (including those held by your affiliates). We also provide more information on how and when we can debit your bank account(s). You can now view the bank account debit mandates that you provide Stripe here: User Bank Account Debit Authorization.
Increased clarity on the information we require on the financial condition or status of your business
Given the nature of the services we provide to you, we may need to request additional information from you to assess your financial condition and the risk associated with your business, so the updated terms (a) more precisely describe the type of information we may request from you and (b) oblige you to notify us immediately if your business experiences an insolvency event or a material change in your business or financial condition, there is a change in the regulatory status of your business, or you are notified that your business is under regulatory or other investigation.
More information on how we may use your trademarks (and how you may use ours)
We appreciate that you may sometimes want to mention your connection with us, and may want to use our name or logo to do so. So too for us—there may be times when we may want to use your trademarks to identify you as a Stripe user (for example, in our marketing materials, or on our website). Because it’s in both of our interests to have clarity around when we can each do so (and how), we’ve updated both the “Marks Usage” portion of the updated terms, and our Marks Usage terms (which you can find here), to clarify exactly what we can (and can’t) do with each other’s trademarks.
As mentioned above, we’ve restructured our terms so that additional terms for specific Stripe products, (such as Payments, Connect, and Issuing) apply when you access or use those products. These terms are incorporated into the SSA, streamlining our contracting approach and enabling you to clearly understand the additional terms that apply to your use of each Stripe product.
The terms for the following Stripe products have been updated: Payments, Connect, Issuing, Terminal, Identity, Radar, Tax, and Climate.
Some of the most notable changes include:
We’ve restructured and simplified the Stripe Terminal terms, including by removing SDK licence terms and expanding the licence terms in the General Terms.
The Radar Terms govern the use of Stripe Radar and describe the basic rights and limitations with respect to it, including clarifying the purpose for which Stripe Radar may be used (i.e., to help detect, evaluate, and block potentially fraudulent transactions for Stripe’s business users).
The terms clarify that you are responsible for your use of the Stripe Radar Service, and the decisions you make and actions you take in connection with the Stripe Radar Service. You must fully disclose to your customers the types of data Stripe collects and uses as part of the Stripe Radar Service. We also provide suggested disclosure language that you can surface to your customers about this data collection and use, helping both you and Stripe to meet our respective privacy law obligations.
We have deprecated the standalone Connect Platform Agreement and made it part of the SSA. The Connect Platform-specific terms are in the Services Terms for Stripe Connect Platforms. We have consolidated the terms applicable to Custom and Express Connected Accounts. Details regarding prebuilt, co-branded onboarding and dashboard options for Express Connected Accounts can be found within our documentation. We’ve also updated the Connected Account Agreement to ensure alignment with the updated SSA and to make them more concise and easier to understand.
We’ve restructured and updated the Issuing Accountholder Terms and Issuing Platform Terms to ensure alignment with the updated SSA and to make them more concise and easier to understand. We have deprecated the Card Authorised User Terms and incorporated the relevant provisions into the Issuing Accountholder Terms.