This analysis describes what Square's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The updated terms establish a non-compete restriction prohibiting sellers from using Square's Services to build or support competing products or services, with account termination and indefinite fund holds stated as potential consequences for violations. Square now authorizes collection of your business brand assets (names, logos, menus, photos) from publicly available sources and grants itself and its subsidiaries broad rights to use, modify, and prepare derivative works of those assets for Block's business purposes, including developing, training, testing, and improving products and services. The revised payment terms require you to select a primary payment method at signup, and authorize Square to collect fees from that method or, if collection fails, from your transaction proceeds or Square account balance; you represent and warrant that any linked bank account was not established for personal purposes and that you are an authorized user on it.
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Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.
Subject to Section 10.6 , any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Francisco, California, and the Parties irrevocably consent to the personal jurisdiction and venue therein.
If any dispute between the parties is not subject to arbitration or cannot be heard in small claims court, then the state and federal courts located in Alameda County, California, will have exclusive jurisdiction.
"Subject to and without waiver of the arbitration agreement above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City of Oakland and County of Alameda, California, or federal court for the Northern District of California.Excerpt from Square's Terms of Service
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The clause states: “Subject to and without waiver of the arbitration agreement above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City of Oakland and County of …”
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