Onsite Checkout Payments Features Terms and Conditions

1. Acceptance

a. These “Onsite Checkout Payments Features Terms and Conditions” apply to your use of any onsite checkout payment feature or other payment feature we make available to you (“you” or “Seller”) in or through Meta Company Products (which are Meta Products and other products provided by the Meta Companies that are subject to separate, standalone terms of service and privacy policies) to allow Users to initiate payments to you in exchange for your goods or services (together, “Payments Features”). Any payment transaction initiated by a User to you using a Payments Feature is a “Transaction”.

b. These Onsite Checkout Payments Feature Terms and Conditions form part of the Meta Terms of Service and the Seller Agreement. The Payments Features are part of our “Platform” as defined in the Meta Platform Terms, so the Meta Platform Terms also govern your use of the Payments Features. If there is any conflict between these terms and the Meta Terms of Service, the Seller Agreement or the Meta Platform Terms or any stand-alone terms of service for any Meta Company Products, these terms shall govern to the extent of the conflict. Together, these terms and the terms listed above are the “Checkout Terms”.

c. Unless stated otherwise, capitalized terms shall have the meaning given to them in the Seller Agreement.

d. Please read these Checkout Terms carefully. If you do not agree to the Checkout Terms, you cannot use the Payments Features. The Checkout Terms may be updated from time to time with notice when we make a significant change or without notice when we make a minor change, and, unless otherwise stated, your continued use of the Payments Features will be deemed acceptance of such updated Checkout Terms. If you do not agree to any update to the Checkout Terms, you must stop using the Payments Features.

2. Payment Providers

a. Payments for Transactions will be processed by a third-party payment provider you have engaged (a “Payment Provider”), in accordance with their terms of service, and not by us. Please see Section 18, below, for specific terms that apply to you with respect to the Payment Provider for Instagram’s Payments in chat service (“Instagram's payments in chat”) and Section 19 for specific terms applicable to payments on WhatsApp (“WhatsApp payments in chat”).

b. Meta Platforms, Inc. (“Meta”) shall provide infrastructure necessary for you to connect with and link your payment account with a Payment Provider to the Meta Company Products platform, including Instagram’s Payments in chat service and / or payments on WhatsApp. You agree and acknowledge that Meta, WhatsApp and/or any Meta Company will not accept, collect, receive, transmit, process, store or otherwise maintain any possession, custody or control of any funds paid by any User, or received by any Seller in connection with any Transactions. Meta does not make any representations or warranties, whether express, implied, statutory or otherwise, with respect to any Payment Providers or the services that they provide.

Please see Section [18], below, for specific terms that apply to you with respect to the Payment Provider for Instagram’s payments in chat and Section 19 for specific terms applicable to WhatsApp payments in chat.

c. You authorize us to access, use, and interact with your Payment Provider about the Payments Features on your behalf, including with respect to authorizations, captures, refunds, cancellations, and the execution and monitoring of activity related to the Payments Features. You also authorize us to receive and use data from your Payment Provider to allow us to determine chargeback rates and refund rates for all of your Transactions.

d. Except as expressly provided in the Seller Policies (as applicable), you are solely liable for any refunds issued on your behalf in connection with the Payments Features.

Payments Features

3. Meta Payments Gateway

a. If you use the Meta Payments Gateway (available in the US only), you agree to the terms of service of the Payment Providers we have selected, (together, the “Meta Payments Gateway Providers”), and they will provide payment processing services to you in accordance with the terms linked in this section. When you agree to these Checkout Terms, we also accept your agreement to the terms of the Meta Payments Gateway Providers on their behalf.

b. We reserve the right to add or change these Meta Payments Gateway Providers from time to time. We will notify you of any new Meta Payments Gateway Providers, and your continued use of the Payments Features upon receipt of such notice constitutes acceptance of such addition or change as well as your acceptance of their terms of service. You acknowledge that we may share the information you provided when you signed up for the Meta Payments Gateway with any new Meta Payments Gateway Provider we select, for the purpose of enabling them to provide you with payment processing services.

c. Transactions processed by a Meta Payments Gateway Provider are subject to our Purchase Protection Policy and Seller Policies.

d. Transactions processed by a Meta Payments Gateway Provider are subject to a standard processing fee to cover processing costs and are calculated based on the entire amount of the Transaction (including the total sale price, any shipping fees and Applicable Taxes as defined below). The processing fee is set forth in Section 8, below.

e. In addition to the fees set out in d) above, you will be charged a fee of $20 per chargeback, which will be waived upon successful representation provided that you are compliant with these Checkout Terms and all applicable laws and policies. When a User files a chargeback, we will notify you and put a hold on your account for the transaction amount and a $20 chargeback fee until the chargeback has been resolved. You have 10 calendar days to respond to a chargeback. For more information about chargebacks and responding to them, see our Seller Policies.

4. Partner Gateway

a. The “Partner Gateway” is a Meta gateway that allows you to use the Payment Provider of your choice to process payments for you in connection with the Payments Features. If the Partner Gateway is available in your location, you may elect to use any of the current Payment Providers. If you do not have a direct relationship with a third-party payment processor, you will be able to establish one when you are creating a Meta Pay account through certain Meta Company Products.

b. Before using the Partner Gateway, you must have agreed to the terms of service of your chosen Payment Provider.

c. Meta reserves the right to require you to cease using any Payment Provider for the Partner Gateway at any time, in our sole discretion.

d. All transactions will be subject to payment processing fees that will be charged by your Payment Provider directly and are calculated based on the entire amount of the Transaction (including the total sale price, any shipping fees and Applicable Taxes as defined below). Those fees can be found on the Payment Providers website.

5. Shopify

a. If you are a Shopify seller and use the Partner Gateway, you agree to use Shopify as your Payment Provider in connection with your use of any of the Payments Features.

b. All sales you make may be subject to our Purchase Protection Policy and Seller Policies (other than the provisions in the Seller Policies about chargebacks, which do not apply).

c. All transactions will be subject to payment processing fees that will be charged by Spotify directly and are calculated based on the entire amount of the Transaction(including the total sale price, any shipping fees and Applicable Taxes as defined below).

6. Merchants using Messenger in Thailand

a. If you are a resident of or have your principal place of business in Thailand and use any Payments Features, then you agree to use the Payment Provider indicated when you register for any Payments Features. These Checkout Terms shall apply in addition to the Payment Provider’s terms.

b. Further, you agree that in order to allow Kasikorn Global Payment to assess your application to use their services and monitor your use of their services on an ongoing basis, we may share some information about your use of Meta Products for commerce activity with Kasikorn Global Payment.

Payment Methods and Fees

7. Payment Methods

a. Depending on the Meta Product and jurisdiction (and where available), we may enable you to accept various “Payment Methods”, such as credit cards, debit cards, PayPal and Shop Pay (where available). When you agree to these Checkout Terms, where necessary, we may also accept your agreement to the terms of these Payment Methods on their behalf.

• You can decide not to accept Shop Pay as a Payment Method. However, if you accept Shop Pay, you accept and agree to the Shop Pay terms. If you do not agree to the Shop Pay terms and/or you decide not to accept Shop Pay as a Payment Method now or in the future, you can opt-out of accepting Shop Pay by going to Checkout settings in Commerce Manager.

b. We may add or change Payment Methods from time to time. Your continued use of the Payments Features constitutes acceptance of such addition or change, as well as your acceptance of their terms of service.

c. Payment Methods are provided by various providers, and each provider controls the terms that apply to its Payment Method. As a consequence, the terms applicable to a Payment Method are subject to change at any time, and it is your responsibility to periodically review the terms for each Payment Method in order to ensure that you are aware of, and comply with, the applicable requirements.

8. Fees

a. Except as otherwise indicated herein, the following fees apply to Payments Features:

b. The Fees do not apply to Products other than those listed above.

c. The above Selling Fees do not include any fees which your Payment Provider may charge separately, which may be updated from time to time. Please review their terms and conditions to see the fees they may charge. You understand that you are solely responsible for paying such fees.

d. Fees are calculated based on the entire amount of the Transaction (including the total sale price, any shipping fees and Applicable Taxes (as defined below).

e. Processing fees and all other fees and Applicable Taxes which we agree or are required to collect will be deducted by your Payment Provider from the payouts they make to your linked payout account. As a condition of using our platform, you authorize your Payment Provider to make all such deductions.

f. Processing fees and all other fees are exclusive of any Applicable Taxes, and to the extent taxes are required to be collected or withheld, you will pay such taxes in addition to the amounts otherwise payable.

g. To the extent permitted under applicable laws and regulations, all processing fees are non-refundable except as provided in the Seller Policies.

h. Notwithstanding the foregoing, we do not currently charge any fees directly from merchants for Instagram's payments in chat and Whatsapp payments in chat.

Other terms and conditions:

9. Seller Responsibilities and Obligations

a. Data Security and Internet Connectivity. Seller is solely responsible for establishing, hosting, and maintaining its connection to the Internet.

• Seller further agrees to ensure that any data stored or transmitted in conjunction with or related to any payment transaction is accurate, complete, and secure. Seller must review its transactions on a regular basis to determine if any suspected unauthorized activity has occurred through its account or systems, and in any such event promptly notify Meta.

• Seller agrees that it shall immediately comply with any requests from Meta for reasonable action by the Seller to maintain, strengthen and improve security and integrity of the Seller Payments Features.

• Seller agrees to keep its login name, password, and other relevant information related to its Payments Features confidential. Seller shall notify Meta immediately upon learning of any unauthorized use of its username, password, or other confidential information.

• Seller shall update its software or operating system used to facilitate the Seller Payments Features immediately upon notification from the Payment Provider of any available software update.

b. Compliance: You shall ensure that your use of the Payments Features complies with all legal and regulatory requirements. You will comply with all U.S. and applicable non-U.S. export control, trade sanctions, and anti-money laundering laws (“Trade Control Laws”) in your use of the Payments Features. You further represent and warrant that (i) you are not located, or owned or controlled by anyone located, in a jurisdiction targeted by comprehensive U.S. trade sanctions; (ii) you are not listed, nor owned or controlled by anyone listed, on any U.S. or applicable non-U.S. restricted parties list; and (iii) you will not disguise your location through IP proxying or other methods. If you are prohibited from using the Payments Features under Trade Control Laws, agreeing to these terms does not represent entering into an agreement with Meta; even if you click “agree,” this agreement is null and void. This section is not limited by section 19 below.

10. Use Restrictions

In connection with the Payments Features, you must not (and must not enable or permit others to):

• modify the Payments Features;

• create any application or system that circumvents the Checkout Terms or all other applicable Meta’s terms and policies;

• provide false or misleading information;

• refuse to cooperate with any Meta investigations;

• interfere with the security, functionality, or user experience of any Payments Feature;

• use the Payments Features in connection with any illegal or illicit transaction;

• use the Payments Features in any manner prohibited by Trade Control Laws, including but not limited to use in connection with activities, individuals, or entities that are located in a country or region that is embargoed by the United States or that would otherwise violate U.S. or applicable non-U.S. trade sanctions, including use of the Payments Features by or for the benefit of an individual, entity, or government (including any entities 50% or more owned by the foregoing), where such activity would be prohibited by United States, or any applicable United Kingdom, European Union, or other non-U.S. trade sanctions, including, but not limited to, individuals, entities, and governments listed on the U.S. Department of the Treasury's Office of Foreign Assets Control's Specially Designated Nationals And Blocked Persons ("SDN") List.

• conduct business in an unethical manner in accordance with the applicable terms; or

• use any Payments Features other than to receive payments from Users in exchange for goods or services.

11. Customers and Transactions

a. All sales and Transactions are between you and a User, as your customer. You must provide goods or services as you described, in exchange for payment from the User.

b. Any Transaction may be refunded or canceled if we reasonably believe (a) it violates these Checkout Terms, applicable laws or regulations, our Purchase Protection Policy (if applicable), our Seller Policies (if applicable) or (b) that cancellation may prevent financial loss to a User, Meta, a Payment Provider, or any other third party. Where applicable, as permitted by applicable laws and regulations: we may delay (or advise your Payment Provider to delay) your receipt of a payment for a certain period of time, place a hold on your transactions, place your funds in reserve, limit your ability to use the Payments Features, report the activity to government authorities, deactivate your account, or otherwise limit your ability to make a sale.

c. You will not add any surcharge to the cost of your goods or services that is specific to your use of the Payments Features.

12. Claims

You will notify us immediately if you become aware of any actual or potential claim, cause of action, investigation, proceeding, or dispute that could affect your ability to fully comply with these Checkout Terms or which otherwise relates to your rights to use the Payments Features.

13. Disclaimers

In addition to terms and policies referenced in Section 1, you agree and acknowledge that with respect to Transactions between you and your customers:

• you will be responsible for investigating and resolving disputes (including returns and refunds of any goods or services purchased);

• we are not and will not be responsible for (i) any aspect of the goods or services you sell, (ii) the acts or omissions of your customers, or (iii) the acts or omissions of your Payment Provider, including any failure or refusal by them to process a Transaction; and

• we will not be liable for any unauthorized or failed Transactions. Our enablement of a Transaction does not mean that your customer has sufficient funds, or that the Transaction will be authorized or processed.

14. Taxes

a. You are the seller of record for the goods or services you provide through use of our Platform and agree to comply with all applicable tax laws and ordinances. Except as otherwise provided within these Checkout Terms, you are solely responsible for all determinations, calculations, collections, withholdings, reporting, and remittance of applicable taxes, including but not limited to sales and use tax, goods and services tax, value-added tax, and other similar taxes (“Applicable Taxes”), duties, fees, surcharges and additional charges for sales (“Other Fees”) that result from your use of the Payments Features.

b. We will collect and remit Applicable Taxes arising from relevant transactions that are subject to marketplace facilitator and/or platform operator laws (“Marketplace Provider Laws”), in jurisdictions that impose the collection and remittance obligation on Meta (“Marketplace Provider Jurisdictions”). For sales shipped or delivered to Marketplace Provider Jurisdictions, we will use the point of delivery location or “ship-to” to calculate Applicable Taxes where applicable under law. For the purpose of calculating Applicable Taxes, you agree that title to your goods purchased by Users as your customer, will pass directly from you to the User at the point of delivery.

c. To calculate Applicable Taxes, we may in some jurisdictions provide you with a list of product tax codes that map to our tax engine software (“Product Tax Categories”). You agree to accurately characterize, assign and maintain Product Tax Categories (“Tax Characterization”) for each good or service sold pursuant to these Checkout Terms. Your Tax Categorization is deemed effective upon posting your goods or services to the platform. Where available, you may opt-in to our automatic category tool that assigns a Product Tax Code on your behalf. For Marketplace Provider Jurisdictions referenced in Section 14(b), these Tax Categories will be used to calculate and remit tax to the appropriate taxing authority on your behalf.

d. The following terms apply to any tool we provide that allows you to estimate Applicable Taxes (“Tax Calculation Tool”).

• Except for Applicable Taxes collected and remitted by Meta pursuant to Section 14(b) of these Checkout Terms, we provide no representation, warranty, guarantee, or advice, and we disclaim any responsibility to verify, the following: (a) the accuracy of the tax rules or methodology in the Tax Calculation Tool, (b) the application of taxes to your goods or of the tax jurisdiction assignment functionality tax rates of Applicable Taxes, and (c) whether or not the amounts we collect on your behalf satisfy your obligations to collect Applicable Taxes.

• The Tax Calculation Tool is limited to the estimation of Applicable Taxes and does not calculate or collect any taxes, fees or surcharges. The Tax Calculation Tool calculates tax based on the entire amount of the Transaction (including sale price, shipping fees and any other charges subject to tax).

e. You must maintain documentation of all relevant tax information, including records of paying all Applicable Taxes to the appropriate tax authorities. You represent that the tax registration number and all other information you provide to us are accurate and current, and you will immediately update any such information in the event of changes. We reserve the right to confirm the validity of your seller account information (including your tax registration number) and request additional information from you or government authorities as permitted by law. You agree to provide information to us upon request within the time period prescribed.

f. Except for Applicable Taxes collected and remitted by Meta pursuant to Section 14(b) of these Checkout Terms, you agree that we are not obligated to determine whether Applicable Taxes and Other Fees apply, and we are not responsible to collect, report, or remit any taxes arising from any Transaction. You agree to defend, indemnify, and hold Meta harmless from any and all claims, liabilities, penalties and interest, losses, fines, costs and expenses, including reasonable attorneys’ fees, arising out of or related to Applicable Taxes and Other Fees that may result from the use of our Platform (“Tax Liabilities”) from the sale of your goods or services.

g. You agree that no class action lawsuits may be brought against Meta by you or on behalf of Users, as your customer, arising from or in any way related to the overpayment of Applicable Taxes collected by Meta on your behalf, pursuant to these Checkout Terms, regardless of whether such action is characterized as a refund claim, notwithstanding your and your customer’s right to seek a refund directly from the relevant taxing jurisdiction.

h. You will notify us immediately if you become aware of any actual or potential claim, cause of action, investigation, tax notice or audit, or other type of dispute that could affect your ability to fully comply with these Checkout Terms or which otherwise relates to your rights to use the Payments Features.

15. Marketing and Promotions

a. You agree that we may offer to fund promotions, discounts or other incentives (“Incentives”) directly to Users, in accordance with the Seller Agreement. You acknowledge that our provision of Incentives does not alter your obligations (including to your customers) under these Checkout Terms. You remain solely responsible for all Applicable Taxes on any payments to you that involve Incentives.

b. Any refunds of Transactions involving Incentives will be allocated between Meta and the applicable User on a pro-rata basis.

16. Use of Information

You will use data that you obtain from Meta in connection with your use of the Payments Features only as permitted by the Seller Agreement.

17. Termination

a. You may stop using the Payments Features at any time with or without notifying us.

b. To the extent permitted by applicable law, Meta may terminate these Checkout Terms for any reason (for example, because we reasonably believe that you have violated these Checkout Terms, other Meta rules or policies, applicable laws or regulations, our Purchase Protection Policy (if applicable) or our Seller Policies (if applicable), or to prevent financial loss to a User, Meta, a Payment Provider, or any other third party) and at any time without liability or other obligation to you.

c. Upon termination of these Checkout Terms, you will immediately cease all use of the Payments Features, including use of any data you have received in relation to the Payments Features.

d. Sections 3(e), 12, 14 and 16 will survive any termination of these Checkout Terms, as well as any other terms and provisions which by their nature are intended to survive any termination of these Checkout Terms.

18. Special Terms to Instagram’s payments in chat

Notwithstanding anything in these Checkout Terms to the contrary, the following provisions apply specifically to Payment Features to the extent that you obtain and use such Payment Features in connection with Instagram’s payments in chat.

a. You agree to use our Instagram’s payments in chat only for bona fide, permissible and lawful transactions and to accurately describe the goods or services sold.

b. Privacy

• Data Policy. These policies describe the information used and processed to support your payments facilitated by Meta (including Meta Pay, and Instagram’s payments in chat), Instagram, Messenger, and other products and features offered by Meta (Meta Company Products or Products). The types of information collected depend on how you use the Products listed above. You can learn how to access and delete your information by visiting the Facebook Settings and the in-app Download Your Information function.

• Information Sharing. You acknowledge that we may share the information you provided when you signed up to Instagram’s payments in chat for the purpose of enabling Payment providers to provide you with payment processing services. The Payment Providers use this information to provide payments services and may also use this information as described in their own terms and privacy policies.

• We may share information collected under these Checkout Terms within the Meta Companies to be used to develop, operate, provide, improve, understand, customize, support, and market our Business Services, our other services, and the services and products of the Meta Companies, including to help prevent fraud and improve product experiences across the Meta Companies. We also share information collected under these Checkout Terms in order to comply with the terms of the Agreement and with legal or regulatory applicable obligations.

• Our Global Operations. You acknowledge that we may transfer and process information that we collect, store, and use to the United States and other countries globally, so long as we have or use facilities, service providers, or partners in those locations. For the avoidance of doubt, the transfer and processing of information shall be compliant with applicable data processing laws and regulations. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

c. Payments Processing Services. Payments for Instagram’s payments in chat are processed by PayPal, Inc., an unaffiliated third-party payments provider, with which you have a direct relationship. You are solely responsible for complying with, and payments are processed in accordance with, the PayPal terms of service (linked). Payments are not processed by Instagram or other Meta companies.

d. Fees: There are no fees associated with this product.

e. Taxes: You are solely responsible for determining, collecting, and withholding, reporting, and remitting Applicable Taxes, duties, fees, surcharges and Other Fees for sales that result from your use of or sale processed through our Seller Payments Feature.

• Except as otherwise provided under applicable law, you agree that we are not obligated to determine whether Applicable Taxes and Other Fees result from your use of or sale processed through our Seller Payments Feature and that we are not responsible to collect, report, or remit Applicable Taxes arising from any Transaction.

19. Special Terms Applicable to WhatsApp Payments in Chat

Notwithstanding anything in these Checkout Terms to the contrary, the following provisions apply specifically to Payments Features to the extent that you obtain and use such Payments Features in connection with WhatsApp payments in chat.

a. You agree to use our WhatsApp payments in chat only for bona fide, permissible and lawful transactions and to accurately describe the goods or services sold.

b. Jurisdiction for Payments

• Payments in Brazil. These Checkout Terms shall be governed by and construed in accordance with the laws of Brazil. Notwithstanding, you will comply with all U.S. and applicable non-U.S. export control, trade sanctions, and anti-money laundering laws (“Trade Control Laws”) in your use of the Payments Features.

• For the purpose of these Checkout Terms, where you reside shall be deemed to be the jurisdiction in which payment is made.

c. Venue for payments in Brazil. The laws of Brazil will apply to any claim, cause of action, or dispute that arises out of or relates to these Checkout Terms, and you may resolve your claim in any competent court in Brazil that has jurisdiction over the claim.

d. The Transaction is between you and the User. Meta, WhatsApp, or any Meta Company is not a party to such Transaction.

e. WhatsApp Platform. WhatsApp will provide the WhatsApp platform to facilitate electronic communications between the Seller and the User for the purposes of any Transaction made pursuant to WhatsApp payments in chat. These electronic communications may include sending messages with payments, making phone calls, and transmission of order details, payment links and payment confirmations (“WhatsApp Communications”). To utilize WhatsApp payment in chat, both the Seller and the User must hold an account on the WhatsApp platform (“Merchant Account” and “Consumer Account” respectively). For the avoidance of doubt, Merchant Accounts and Consumer Accounts are owned by WhatsApp, and the use of the Merchant Account and Consumer Account is a service provided by WhatsApp. Meta shall not be liable for any unauthorized use or access of any Merchant Account or Consumer Account.

f. Payments Processing Services. WhatsApp payments in chat are processed by unaffiliated third-party payment processors you select, with which you have a direct relationship. You are solely responsible for complying with, and payments are processed in accordance with, your payment processor’s terms of service. Meta Companies are not a licensed financial or payment institution; do not receive, transfer, process, or store any funds in connection with Customer Payments; do not act as service providers to payment processors; and are not responsible for service interruptions or failures or acts or omissions of payment processors, payments systems, or financial or payment institutions, including the payment, settlement, and clearance of funds. If you have a deposit account at a financial or payment institution, you have a separate relationship with your financial or payment institution regarding that account, and Meta Companies have no affiliation with your financial or payment institution in this respect, even when your financial or payment institution is a payment processor. Any user payment data will be provided to, and may be stored directly, with the Seller's third party payment processor.

g. For the avoidance of doubt, the ability to send and / or receive WhatsApp Communication is a separate Business Service provided to you by WhatsApp. Meta Companies shall not be liable for, and the Seller shall solely be responsible for, any unauthorized access or use of a User’s personal or financial information through the Seller Payments Features.

h. Fees: Neither Meta nor WhatsApp charge any fees for this product, including the chargeback fee referenced in Section 3.d above

i. Taxes: You are solely responsible for determining, collecting, and withholding, reporting, and remitting Applicable Taxes, duties, fees, surcharges and Other Fees that result from your use of or sale processed through our Payments Feature.

• Except as otherwise provided under applicable law, you agree that Meta Companies are not obligated to determine whether Applicable Taxes and Other Fees result from your use of or sale processed through our Seller Payments Feature and are not responsible to collect, report, or remit Applicable Taxes arising from any Transaction.

j. Indemnification. You agree to defend, indemnify, and hold harmless Meta, WhatsApp, and their respective subsidiaries, parents, affiliates, directors, officers, employees, PSPs, and agents from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:

• (a) your access to or use of Seller Payments Features, including information provided in connection therewith; (b) your breach or alleged breach of these Checkout Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us or other Meta Companies in the defense or settlement of any claim.

k. The Seller Terms incorporate by reference the following Policies:

• Meta Platform Terms

• Meta Terms of Service

l. Privacy

• Data Policy. The use of your data obtained by Meta and WhatsApp during the use of Seller Payments Features is subject to Meta’s Privacy Policy, WhatsApp Privacy Policy, WhatsApp Payments Privacy Policy, and WhatsApp Merchant Terms of Service, as applicable. These policies describe how your information is processed to support your payments facilitated by Meta (including Meta Pay), Instagram, Messenger, and other products and features offered by Meta (Meta Company Products or Products). The types of information collected depend on how you use the Products listed above. You can learn how to access and delete your information by visiting the WhatsApp Help Center and the in-app Download Your Information function available from Payments Settings.

• Payment Data. By using payments in chat, you authorize us to access and process on your behalf payments related data, when they are available in your account, in order to provide you the Services, operate the Platform, improve, understand, customize the Services to you and to the User (your customer), and provide support to you. We may also use your data to provide you and your customers) with personalized ads.

• Information Sharing. You acknowledge that we may share the information you provided when you signed up to WhatsApp’s payments in chat for the purpose of enabling payment processors to provide you with payment processing services. The Payment Providers use this information to provide payments services and may also use this information as described in their own terms and privacy policies.

• We may share information accessed and collected under these Checkout Terms within the Meta Companies to be used to develop, operate, provide, improve, understand, customize, support, and market our Business Services, our other services, and the services and products of the Meta Companies, including to help prevent fraud and improve product experiences across the Meta Companies, specially to provide you and the Users with ads of third-party products and services that could be of your/their interest. We also share information collected under this Agreement in order to comply with the terms of these Checkout Terms and with legal or regulatory applicable obligations.

• Our Global Operations. You acknowledge that we may transfer and process information that we collect, store, and use to the United States and other countries globally, so long as we have or use facilities, service providers, or partners in those locations. For the avoidance of doubt, the transfer and processing of information shall be compliant with applicable data processing laws and regulations. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

m. Licenses. Meta and WhatsApp are duly licensed to use all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights owned or associated with Meta Companies. You may not use such copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have obtained express permission from the owner of such intellectual property.

n. Limitation of Liability. All Transactions, requests, directives, orders and directions, entered by the Seller, are based upon the Seller’s decisions and are the sole responsibility of the Seller. Sellers shall not hold WhatsApp or any Meta Company responsible and/or liable in any manner whatsoever for any losses/damages/costs incurred by the User for initiating / processing / canceling any Transaction. We do not make any representations or warranties, whether express, implied, statutory or otherwise, with respect to any Payment Providers or the services that they provide.

WE DO NOT ACCEPT, COLLECT, RECEIVE, TRANSMIT, TRANSFER, PROCESS, STORE OR OTHERWISE MAINTAIN ANY POSSESSION, CUSTODY, OR CONTROL OF ANY FUNDS IN CONNECTION WITH ANY PAYMENT INITIATION, AND ARE NOT RESPONSIBLE FOR THE PROCESSING OR SETTLEMENT OF ANY PAYMENT TRANSACTIONS, WE ARE NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (I) LOST EARNINGS, REVENUES, PROFITS. BUSINESS OPPORTUNITIES OR ANTICIPATED SAVINGS, (II) ANY LOSS OF GOODWILL OR REPUTATION, (III) ANY LOSS OF DATA OR CORRUPTION OF DATA, OR (IV) CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THE TRANSFER OF ANY FUNDS AND OR THE PROCESSING AND SETTLEMENT OF TRANSACTIONS, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

The Seller agrees that it shall not be entitled to make any claim against Meta, WhatsApp, or any Meta Company with respect to any use of the Seller Payments Features.

20. Severability. If any provision of this Agreement is found unenforceable, that provision will be severed and the balance of the Agreement will remain in full force and effect.

21. Subject to Section 19, these Checkout Terms shall be governed by and construed in accordance with the laws of the state of California without regard to conflict of law provisions. You and Meta agree that any claim, cause of action or dispute arising out of or in connection with these Checkout Terms, or any of the Payment Features provided under these terms, shall be resolved in the US District Court for the Northern District of California or a state court located in San Mateo County. You also agree that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, cause of action or dispute. Without prejudice to the foregoing you agree that Meta may, in its sole discretion, bring any claim, cause of action or dispute we have against you in any competent court in the country in which you reside that has jurisdiction over the claim.