SumUp Personal Services Terms and Conditions

The following terms and conditions (“Personal Terms of Use”) govern your personal use of our payment processing and other services, as well as our mobile application SumUp.io (“App”), website and content (collectively, “Services,” as more fully defined below), and where applicable the opening, use and closure of your account (“Account”). These Personal Terms of Use constitute the agreement between you (“you”, “your”) and SumUp, Inc. (“SumUp”, “we”, “our” or “us”). For the use of additional services, you may have to accept additional terms and conditions as notified to you when you are ordering or using such services.

SumUp, Inc. is a Delaware corporation with its registered office at 1209 Orange Street, Wilmington, DE 19801.

In order to use our App and the Services you must fully accept these Personal Terms of Use.

The Services 

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.

How to make Mobile Payments with SumUp

Payment Link

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.

The App

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.

Gift cards

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.

Failed payments

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 have reason to believe that a restricted activity has occurred in relation to your account or the payment request, or you are otherwise in breach of these Personal Terms of Use.

We assume no liability for such failed payments. You may contact us or your bank or card issuer for more help. 

Restricted activities 

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; 

  • Breach these Personal Terms of Use, or any other agreement or policy that you have agreed with SumUp;

  • 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.

SumUp grants you the right to use this App only for your personal use on the mobile product that you own or control and as permitted by these Personal Terms of Use. You may not modify, copy, publish, license, sell, or otherwise commercialise this App or any information or software associated with this App. You must regularly check for and, if available, update the App software. We reserve the right to change the App from time to time. You may not rent, lease or otherwise transfer rights to this App. You may not use this App in any manner that could impair any SumUp site in any way or interfere with any party's use or enjoyment of any SumUp site.

You download and use this App at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this App. Your right to use this App will terminate immediately if you violate any provision of these Personal Terms of Use.

Your Account

When you open the App for the first time you will be asked for your telephone number, as the App connects to it. We will verify your phone number by sending a text message with a single use PIN. After verification, you must accept these Personal Terms of Use in order to be able to create your Account and use the Services. You can create and maintain only one Account. Otherwise, we may suspend or remove additional Accounts and it is at our discretion to do so.

By opening an Account, you represent and warrant that your opening of the Account with us does not violate any laws or regulations applicable to you. You shall indemnify us for any losses we incur in connection with your breach of this section.

Your Information

You can start using the Services on the App as soon as you add your debit or credit card to your Account as a payment source. You may only add a debit or credit card to your Account if you are the named holder of the account for that payment source. We take any violation of this requirement very seriously and will treat any attempt to add a payment source of which you are not the named holder as a fraudulent act. You may add more than one payment source to your Account. Your bank or card issuer can also help you with issues when you add a payment source. You can remove payment sources from your Account at any time.

When adding a Payment Source we may attempt to verify its authenticity by making a minimal charge to it which will be refunded as quickly as possible (typically instantly).  

You must ensure that the information you provide on your Account is always complete, accurate and up to date as we shall not be liable for any loss arising out of your failure to do so. Please keep your payment source information current (e.g. credit card number and expiration date). If the information you’ve provided changes, you will need to update your Account in the settings menu of the SumUp.io app as soon as possible.

We may ask you at any time to confirm the accuracy of your information. Further to that, in order to prevent our Services from being used for unlawful purposes, e.g. fraud, money laundering or terrorist financing, we may ask you for extra information and documentation if it is necessary in this regard. Failure to comply with such requests may result in a suspension of our Service until we receive the requested information.

We save information about your transactions in the App. We enable you to see information about your transactions in the App, including list of payments recipients, payment amounts, currencies, dates and status of the payments.

Closing your Account

You can close your Account at any time by contacting our support via the App’s settings.

We may close your Account at our discretion or if we decide to discontinue the App or the Service by providing you with one month prior notice. In addition, we may close your account at any time by sending you a notice of Account closure, and where possible the reasons for closing your Account, if: 

  • You are in breach of these Personal Terms of Use and/or we are otherwise entitled to close your Account under these Personal Terms of Use;

  • You violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our Services, or we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity;

  • You pose an unacceptable credit or fraud risk to us;

  • We suspect that your Account has been accessed without your authorisation or has been compromised or for other security reasons.

In certain cases, we may simply limit your access to your Account (e.g. your bank debit or credit card issuer or bank alerts us that someone is using your payment source without your permission; there is a risk of liability or in order to comply with applicable law). The issues with your Account would need to be resolved before a limitation can be removed. 

When your account is closed:

  • The agreement between you and us terminates immediately, except where we are required to deal with the closure of your Account and to comply with applicable laws and regulations;

  • We may cancel any pending payments;

  • You will remain liable for all outstanding obligations under these Personal Terms of Use related to your Account prior to closure;

  • We may keep your account information in our database for the purpose of fulfilling our legal obligations.

Security 

Your card number and identity aren’t shared with the merchant. The App supports two factor authentication. Don’t use a PIN that is easy to guess for others and don’t in any circumstances share your PIN with others. You need to ensure that only you can access the information sent to your mobile phone number.

In the event that you lose your smartphone or an unauthorised person accesses your Account or you have reason to suspect fraudulent activity has occurred on your Account, you should inform us immediately via our standard communication channels. In the event of any fraudulent activity with your payment source, you can contact your bank or card issuer to suspend it. 

In case of (suspected) unauthorised use of or security threats to your App or Account, we will send a message to the verified communication channel you registered in the App with more information and instructions on what you should do.

Intellectual Property

SumUp owns, or is the licensee to, all right, title and interest in and to the Services, the website, the App, trademarks, logos, content and related technology thereto, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof.  Other company, product, or service names mentioned may be trademarks of their respective companies.

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from ourApp and payment processing technologies and you will not remove, obscure or alter SumUp’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with our Services.

Disclaimers

The Services and the App are provided "as is" and "as available." We disclaim all representations and warranties, express, implied, or statutory, not expressly set out in these Personal Terms of Use, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services, or any services or goods paid through the use of the Services, or that the Services will be uninterrupted or error-free. We do not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the Services, remains solely with you, to the maximum extent permitted under applicable law. 

SumUp does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by SumUp merchants or other third parties. SumUp does not have control of, or liability for, goods or services that are paid for using the Services. We specifically disclaim all liability for any kind arising out of or relating to your purchase or use of gift cards.

Limitation of Liability

In no way shall we be liable for any indirect, incidental, special or consequential damages (including but not limited to such damages arising from breach of contract or warranty or from negligence or otherwise), related to, in connection with, or otherwise resulting from any use of the Services. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.

We shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any relationship between you and any SumUp merchant. We shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control. The maximum liability for us under these Personal Terms of Use shall not exceed $5,000.

Our obligations under these Terms of Use are limited to providing you with the Services and we do not make any statement in relation to or endorsement of the quality, safety or legality of any goods, services or gift cards provided by a SumUp merchant. Any liability for the use or misuse of SumUp merchants’ goods, services, and gift cards, and any third party claims arising from or relating to goods, services, and gift cards paid with the Services, are the sole responsibility of the respective SumUp merchant. Any returns or refunds on such goods, services, and gift cards, shall be directed by you to the respective SumUp merchant in accordance with your statutory consumer rights (e.g. in the event they are not of satisfactory quality), and not to SumUp.

Nothing in these Personal Terms of Use shall exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement of the parties.

The limitations in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some jurisdictions do not allow the exclusion of or the limitation of liability for certain damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law. This provision shall have no effect on the governing law provision set forth below.

Indemnification

In addition to all rights and remedies available to the parties at law or in equity, you will indemnify, defend, and hold us and our parent, officers, directors, employees, agents, suppliers, and successors harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Personal Terms of Use; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any privacy, publicity or intellectual property rights; (d) your violation of any applicable law, rule or regulation; (e) any other party’s access and/or use of the Services on your behalf.

Miscellaneous

Communication

You can contact us by email through addresses made available inside the App or website.

Depending on the type of Services you use, we may send communications to you through the App, by posting it on our website(s), emailing it to the email address in your Account if applicable, contacting you by phone, including with a “text” / SMS message. Such communication and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you. 

Changes to these Personal Terms of Use

We have the right to amend these Personal Terms of Use at any time and to change, delete, discontinue or impose conditions on any aspect of the Services. We will notify you of any change(s) to these Personal Terms of Use by posting the revised Personal Terms of Use on our website and by communicating the change(s) to you through the Services.  Any revised version of these Personal Terms of Use will be effective as of the time it is posted, but it will not apply retroactively. Your continued use of the Services after the posting of a revised version of these Personal Terms of Use constitutes your acceptance of the revised version of these Personal Terms of Use.  If you do not consent to any change to these Personal Terms of Use, you must discontinue using the Services.  

Complaints

We aim to provide a satisfactory and efficient service to you, and it is our policy to ensure that your concerns are dealt with fairly and promptly. If you are not satisfied, have any comments or any complaints about the Services these should be addressed to us in the first instance by contacting our customer service department. We seek to resolve any concerns without delay and you should inform us of any concerns which occur in relation to these Personal Terms of Use as soon as possible.

Disputes; Governing Law

Any claim, controversy, or dispute between you and SumUp relating to these Personal Terms of Use and the services they govern, to the extent such claim, controversy, or dispute cannot be amicably resolved by the parties, will be decided by binding individual arbitration before a single arbitrator, with the power to award the same individual damages and individual relief that a court could.  The proceeding will be administered by the American Arbitration Association in accordance with the applicable arbitration rules for the forum. 

Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. 

Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts of Denver, Colorado, or federal court for the District of Colorado.

This Agreement will be governed by and interpreted in accordance with Colorado law, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction.

No waiver

Our failure to act with respect to a breach of any of your obligations under these Personal Terms of Use by you or others does not waive our right to act with respect to subsequent or similar breaches.

Applicable language

If these Personal Terms of Use are translated into another language, the translation is for reference only and the English version will govern.

Assignment

No person other than you shall have any rights under these Personal Terms of Use, and you agree that no third-party beneficiaries are intended or created by these Personal Terms of Use.

Your Account is personal to you and you may not assign any rights under these Personal Terms of Use to any third party. We are entitled to freely assign our rights and obligations under these Personal Terms of Use to any subsidiary, parent, affiliate or third party and your consent for such assignment shall be considered as granted by virtue of your acceptance of these Personal Terms of Use.

Severability

The unenforceability or invalidity of any clause or provision in these Personal Terms of Use shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause or provision shall be regarded as removed from these Personal Terms of Use to the extent of its unenforceability and invalidity. Therefore, these Personal Terms of Use shall be interpreted and enforced as if it did not contain the said clause or provision to the extent of its unenforceability and invalidity.