Privacy and Security:

FreshBooks Card Reader and Card Transactions Terms of Use

Last Updated: February 2, 2016

The FreshBooks Card Reader (the “Reader”) enable users to accept credit and debit card payments in person from their smartphones and tablets. The Reader will only function, and is only intended to function, with our application (the “App”) and a compatible mobile device.

By using the Reader or by using the App to perform Keyed Transactions (as defined below), you agree to comply with and be bound by these FreshBooks Card Reader and Card Transactions Terms of Use (the “Terms”), in addition to our Terms of Service and Privacy Policy, of which these Terms form a part. Capitalized terms used and not defined in these Terms have the meanings given to them in the Terms of Service. Under the Terms of Service these Terms are part of a binding agreement between you and 2NDSITE Inc. (“FreshBooks”, “we”, “us” and terms of similar meaning), so please review these Terms and our Terms of Service and Privacy Policy carefully. If these Terms conflict with our Terms of Service, these Terms will control to the extent of the conflict. If these Terms conflict with the WePay terms of service with respect to the use of the Reader and / or the App in relation to Card Transactions (as defined below), the WePay terms of service will control to the extent of the conflict.

1. Eligibility

To be eligible to use the Reader and to use the App to perform Keyed Transactions, you must have an active FreshBooks Account with FreshBooks Payments enabled and a connected bank account. FreshBooks Payments requires an active WePay profile. All payments made through the Reader and the Virtual Terminal element of the App are processed through WePay. Under our Terms of Service, you agree to comply with the WePay terms of service. The WePay terms of service contain many important provisions concerning the use of the Reader and of their services for Card Transactions – only some of which are summarized in these Terms. Please review the WePay terms of service (https://www.wepay.com/legal/terms-of-service) carefully.

You can obtain the Reader by submitting a request by using the order forms in the FreshBooks app for iOS or from within your FreshBooks Account. A valid US address is required to order the Reader. FreshBooks reserves the right to limit quantities and to deny anyone access to the Reader.

FreshBooks does not warrant that the App or the Reader will be compatible with your mobile device. Your use of the App or the Reader may be subject to the terms of your agreements with your mobile device manufacturer and your mobile service provider. You agree that FreshBooks is not liable for your breach of any third party agreement or applicable law in connection with your use of the App or the Reader.

2. Accepting In-Person Payments

The Reader currently accepts valid Visa, MasterCard, American Express and Discover branded credit cards, (“Cards”) for in-person payments.

To make an in-person sale using a Card, you can insert a buyer’s chip-enabled Card into the EMV reader portion of the Reader (a “Chip Transaction”), swipe a buyer’s Card through the magnetic stripe reader portion of the Reader (a “Swiped Transaction”) or manually enter a buyer’s Card number, expiration date and security code on the App(a “Keyed Transaction”, and together with Chip Transactions and Swiped Transactions, “Card Transactions”). Once a Card is authorized and charged, a payment-processing fee is deducted by WePay from the total amount charged (for clarity, the total including any tax) and the remaining funds are credited to your FreshBooks Account (see “In-Person Payment Processing Fee” below). Those funds are subsequently deposited by WePay into your designated bank account – see the WePay terms of service for more information.

You may not record or store buyers’ Card numbers, and you may not take Card numbers over the telephone or by any other means in which the Card is not present to make sales through the App. See the WePay terms of service for important information about other rules regarding Cards and Card Transactions.

3. Security

For security reasons, you must obtain a buyer’s signature on the App to complete all in-person sales using a Card on the App or the Reader. You are also responsible for inspecting a buyer’s photo ID and the signature on the back of a buyer’s Card to verify that the buyer is authorized to use the Card. If you suspect that a buyer is making a fraudulent purchase, decline the sale and contact your local authorities.

After completing an in-person sale, you must present the buyer with the option of receiving an electronic receipt for the transaction through the App.

4. Fees

You agree to pay the applicable payment processing fees for processing in-person Card Transactions through the App or the Reader (the “In-Person Payment Processing Fee”). The applicable rates for these fees can be found within the Settings section of your FreshBooks Account on the Site.

The In-Person Payment Processing Fee will be assessed on the total amount charged to the Card, including any applicable taxes. The In-Person Payment Processing Fee will be deducted from the total amount charged at the time the payment is processed and will be reflected in your FreshBooks Account.

5. Disputed Charges, Reversals, Chargebacks, Etc.

If an in-person Card transaction made through the App or the Reader (a) is disputed, (b) is reversed for any reason by any third-party service provider, including FreshBooks’ Card processor, or a buyer, or (c) was unauthorized, fraudulent, unlawful, or violated any of FreshBooks’ terms or policies, the amount of the transaction may be reversed or charged back to your FreshBooks Account (a “Chargeback”).

If you are reasonably suspected or found to be engaging in any fraudulent transactions or unlawful activity using the App or the Reader, you also agree that FreshBooks may decline your transactions, place a hold on your funds, suspend or terminate your accounts with FreshBooks, and share your information with law enforcement.

6. Regulatory Compliance

The Reader complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.

The Reader has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. The Reader generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation.

7. Limited License to use Reader

FreshBooks grants you a non-exclusive, non-transferable, non-sublicensable, license to use the Reader strictly and solely in accordance with these Terms. Your use of the App and the Reader is subject to all applicable restrictions contained in these Terms and our Terms of Service.

Without limiting any of those terms, you may not (a) modify, decompile or reverse-engineer any software or hardware related to the Reader; (b) remove or alter any product identification, trademark, copyright or other notices related to the Reader; (c) use or allow the use of the Reader by or for the benefit of third parties, including by renting, leasing or lending the Reader; or (d) reproduce, sell or distribute the Reader without FreshBooks’ permission.

8. After your FreshBooks Account is Closed

If you or we close your FreshBooks Account, you must continue to use the Reader only in compliance with all applicable laws, and the WePay terms of service.

9. Warranty

The Reader is covered by a 1 year FreshBooks warranty. The warranty provides a no cost replacement of non-functioning Reader in the case of manufacturing defect. The warranty will not cover damages caused by or arising from (1) misuse (2) water damage (3) drops and falls (4) wear and tear. Client shall be responsible for shipping the Reader to FreshBooks office.