SumUp Personal Services Terms and Conditions
SumUp, Inc. is a Delaware corporation with its registered office at 1209 Orange Street, Wilmington, DE 19801.
The Services comprise our payment processing services, which enable you to make payments to SumUp merchants who are not physically present, or make a payment in-store, by scanning a QR code generated by a SumUp merchant, clicking a link sent to you by SumUp merchant via email, SMS or other social platform, or through another similar functionality supported by SumUp, either available on the App or otherwise. A SumUp merchant is a merchant who is accepting payment card transactions under the SumUp US Terms and Conditions.
You may use the Services through our App and your Account, or by simply being redirected to a SumUp payment page, without maintaining an Account with SumUp.
You must be at least 18 years old and have full legal capacity to use the Services. You must be a resident of the United States to use the Services. You can use the Services if you have a valid Visa, Mastercard, American Express, Diners Club, Discover, JCB credit or debit card in your name. We provide an updated list of all accepted payment cards on our website.
The Services can be used for day-to-day transactions, for example food, drinks, accommodation, or purchases of gift cards, made within the United States, where SumUp provides its Services. SumUp merchants, not SumUp, are responsible for providing goods, services or gift cards that you purchase using the Services. Any questions or issues you may have regarding a transaction with a SumUp merchant must be addressed directly with the merchant.
You may use the Services to make payments to SumUp merchants, who create a payment link for your purchase, and send it to you. When you click on the link, you are redirected to a SumUp page where you can choose to pay with your preferred payment method. The link displays the name of the SumUp merchant requesting the payment and the amount of the payment, along with a confirmation button. You pay by providing your payment source details and clicking the confirmation button.
You may use the Services to make in-store or online payments to SumUp merchants through the App by scanning the QR code presented to you by the SumUp merchant or by clicking a payment link sent by the SumUp merchant (depending on the type of your purchase and the method you choose), without providing your payment source details every time. By clicking on the confirmation button on the App, you authorise the transfer of the specified payment amount from the payment source added beforehand to your Account to the SumUp merchant through the App. To increase your security we recommend that you set a personal PIN inside the App, which will be required to authorize each payment.
You may use the Services to purchase digital gift cards from SumUp merchants. Gift cards are delivered only electronically, and delivery may be delayed by several hours following your order. You may only send gift cards using the Services to someone in the United States. The original recipient of the gift card cannot be changed. SumUp will send you as the buyer a proof of purchase using the contact information you provided during the purchase. If you provided recipient contact information different from your own, SumUp will send the Gift Card to the recipient using that information. You authorize SumUp to disclose your and the recipient’s name and contact details to the merchant.
SumUp reserves the right to delay or decline purchases of gift cards for any reason. Limits may apply to the amount and number of gift cards you can buy. SumUp is not responsible for any loss or damage resulting from a lost or stolen gift card or use without permission. Any service, purchase or other relevant redemption you might receive using a gift card will be governed exclusively by the terms of the respective SumUp merchant. If the SumUp Merchant goes out of business or otherwise fails to honor your gift card, then there might not be any redemption options for your gift card, and SumUp has no responsibility to offer you such options. The merchant is responsible for adhering to all applicable laws and regulations pertaining to gift cards. SumUp makes no warranties, express or implied, with respect to Gift Cards and disclaims any warranty to the fullest extent possible. To the fullest extent possible, you release and agree that you will not sue SumUp (and its affiliates and subsidiaries, officers, directors, employees and agents) in connection with any claim or dispute you have relating to purchase of a Gift Card from a SumUp merchant.
We may not be able to process your payment if:
Your payment source does not have sufficient funds to cover the money required to make your payment;
We have reason to believe that there has been unauthorized use of or security threats to your Account or payment source;
Your bank or your card issuer does not authorise the payment;
We assume no liability for such failed payments. You may contact us or your bank or card issuer for more help.
In connection with your use of the Services, or in the course of your interactions with SumUp, the SumUp Merchants, or other third parties, you must not:
Use the Services to violate any law, statute, ordinance, or regulation;
Use the Services for any illegal purposes of any kind, including, but not limited to fraud, money laundering, unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, the funding of terrorist organisations, the purchase or sale, or the facilitation of the purchase or sale of, illegal goods or services, prohibited by law. SumUp will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator;
Use the Services to conduct or participate in any illegal activities;
Use the Services in a manner that violates SumUp’s Restricted Businesses policy, which is incorporated by reference herein;
Use the Services in a manner that we or Visa, MasterCard, American Express, Discover or any other electronic funds transfer network believe may be a violation of any applicable electronic payment network rules, card scheme or network rules, or applicable law;
Use the Services to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services they provide;
Use the Services to obtain goods or services without paying the amount due partially or in full;
Infringe SumUp’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Behave in a manner that is defamatory, libellous, threatening or harassing when using SumUp;
Provide us with false, inaccurate or misleading information;
Create more than one Account without our prior written consent;
Instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf;
Use the Services in a manner that is likely to result in or may result in complaints, disputes, fees, fines, penalties or other liability to SumUp, other users, third parties or you;
Cause us to receive a disproportionate number of claims that have been closed in favor of the claimant regarding your Account;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our App or website without our prior written permission; or interfere or attempt to interfere with the Services;
Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
Harass our employees, agents, or other users;
Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
Refuse or fail to provide further information about you or your business activities that we may reasonably request;
Integrate or use the App or the Services without fully complying with all mandatory requirements communicated to you;
Reveal your mobile PIN to anyone or use anyone else’s App.
Closing, suspending, or limiting your access to your Account or any or all of our services;
Contacting SumUp merchants who have transacted with you; contacting your bank or credit card issuer; and/or warning other users, law enforcement or impacted third parties of your actions;
Updating inaccurate information, you have provided to us;
Taking legal action against you;
Terminating our agreement with you;
Fully or partially reversing a payment; and/or
Blocking your access to your Account or to the App permanently.
If we believe, in our sole discretion, that you’ve engaged in any of these activities, or have otherwise breached the laws and regulations using the Services, we may take a number of actions to protect SumUp, or SumUp merchants, including, but not limited to:
You must ensure that you only use the Services for transactions relating to the purchase of goods and services in compliance with all applicable laws and regulations. The acceptance of payments via the App is not an indication of the legality of the purchase or provision of goods and services.
The SumUp.io App
As part of the Services, you may download and install the App, where available, on your smartphone from an official app store (Google or Apple). Download and usage of the App is free of any charge. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your smartphone. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the App. We do not guarantee that the App will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
Our Services are not directed at individuals under the age of 18. If we obtain actual knowledge that any information we collect has been provided by an individual under the age of 18, we will promptly delete that information.
We collect and can use information about you when you download and register for our Application. We process your personal data to:
determine whether the Application is available in your country. We process Location Information where you have requested use of the services, but before you agree to the Personal Terms we have to verify if we are able to process your request. Without this information, we cannot confirm whether we are able to offer the services to you under the Personal Terms.
provide our Services (including ordering and sending gift cards) and support you using those based on our Personal Terms (performance of a contract) and your decision and desire to use our Services.
store your debit/credit card information based on our Personal Terms (performance of a contract) and your decision and desire to use our Services/Application and store card details. Please note that you can choose not to store any card data in the Application and if you choose to store your card details data, you can modify and delete it from the Application at any time.
establish and maintain your profile for the provision of the Service (if applicable) based on our Personal Terms (performance of a contract) and your decision and desire to use our Services/Application.
facilitate payments including mobile payments via link or QR code between you and merchants of SumUp based on our Personal Terms (performance of a contract). You will receive payment link(s) and/or QR code(s) from our merchants via a communication channel chosen by the merchant and you. SumUp facilitates the performance of the payment due to the merchant.
display historical transaction information. For the Application we will provide you information regarding your transaction history. We therefore need to collect and process this information to satisfy our obligations under the Personal terms and pursue our legitimate interest to provide you with transparent and efficient services.
prove that transactions have been executed and fulfill our obligations as required by law, fulfil our contractual obligations towards you and our merchants and to comply with applicable laws (including but not limited to AML and CTF legislation where applicable) and pursue our legitimate interest to protect us from potential claims.
communicate with you in relation to the Services and fulfil our contractual obligations towards you, pursue our legitimate interests to inform the users of our Services in a timely manner on functionality changes and related Services and to ensure maintenance and support.
send you marketing communication, updates about new products and/or services of SumUp and/or SumUp’s merchants, if you have agreed, based on your consent (for example via push notifications, SMS, emails). You have the right to withdraw your consent at any time.
protect our rights and to investigate and prevent fraud or other illegal activities and for any other purpose disclosed to you in connection with our Application and/or Services in order to comply with a legal obligation that we have and/or pursue our legitimate interest to prevent misuse of the Application and/or our Services as part of our efforts to keep our Services safe and secure.
improve our services and for general business development purposes, such as improving risk models in order to e.g. minimize fraud, develop new products and features and explore new business opportunities based on our legitimate interest to develop and improve our business and services.
respond to your requests, questions and feedback, resolve disputes based on legal or contractual obligations depending on the type of the dispute and our legitimate interest, to protect the interest of SumUp.
We can share information about you with our group companies, and other affiliates, for the purposes outlined above, and as it is necessary to provide our Services to you and fulfil our obligations according to our Terms and Conditions and Personal Terms. We will share your data, if we believe that disclosure is reasonably necessary (i) to comply with any applicable law, regulation, legal process or governmental request (e.g., from tax authorities, law enforcement agencies, etc.); (ii) to enforce or comply with our Terms and Conditions, Personal Terms or other applicable agreements or policies; (iii) to protect our rights or property, or the security or integrity of our services; or (iv) to protect us, users of our services or the public from harm, fraud or potentially prohibited or illegal activities. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us. We may share information to service providers under contract who help with parts of our business operations (for example, storage and backend running of the app’s Services – AWS/Amazon, fraud prevention, payment processing, or technology services such as crash reports). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own or any others benefit. When you send a gift card through the Service and provide your name, we will disclose that information to the recipient. When SumUp performs Services, including selling or managing gift cards, for a merchant, it may share personal information with that merchant. For example, SumUp may collect information about a merchant’s customers from or on behalf of the merchant, such as when we offer or sell gift cards, and SumUp may provide personal information about those customers to the merchant. In some cases, we may provide the name and contact information of individuals who purchase a merchant’s gift card to the merchant. We may also provide the opportunity for you to sign up to receive marketing or promotional communication emails from merchants. We are not responsible for the privacy practices of merchants who use our Services. We may also share aggregated information with third parties that does not specifically identify you or any individual user of the Application.
We always process personal data in accordance with applicable laws and regulations, and we have implemented appropriate technical and organizational security measures to prevent your personal data from being used for non-legitimate purposes or disclosed to unauthorized third parties and otherwise protected from misuse, loss, alteration or destruction. The technical and organizational measures that we have implemented are designed to ensure a level of security appropriate to the risks that are associated with our data processing activities, in particular accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to your personal data including access control to premises, facilities, systems and data, disclosure control, input control, job control, availability control and segregation control.
You have the right under certain circumstances to:
be provided with access to your personal data held by us;
request the rectification or erasure of your personal data held by us;
request that we cease processing your data;
object to profiling activities based on our own legitimate interests;
object to solely automated processing; and
in addition, where you have provided your consent to our processing of your personal data you can withdraw this at any time.
request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);
request that your data be transferred to a third party (data portability).
If you would like to exercise any of your rights set out above, you can contact us at [email protected] with your request. Please note that we may need to verify your identity before granting access or otherwise changing or correcting your information. For SumUp io app data, you can review and update your personal information in your account settings at any time by logging in to your account. You can access, delete and modify all information in the Application. Please note that we only respond directly to you in cases where we are the controller of your personal information. Where we are acting as a data processor on behalf of a merchant, we will forward your request to the merchant who is the data controller of your personal information. If you are not satisfied, you have the right to lodge a complaint with the relevant data protection authority. SumUp will cooperate fully with any such investigation and endeavor to satisfy all queries as fully as possible. The relevant authority for each country can be found on the European Commission website: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080
You may opt out of marketing-related communication from SumUp or SumUp’s merchants, if those messages are powered by SumUp, by following the opt-out or unsubscribe instructions at the bottom of the communication, or by contacting us at [email protected]. You may continue to receive service-related and other non-marketing emails.
If you wish to delete your Application, you can do so at any time. Please note that deleting the Application does not automatically delete your data or deactivate your account. If you are not active in the Application for a period longer than 2 years we may delete your account. Please note that If you would like to have your account closed and your data deleted permanently, you should contact us.