Effective as of September 27th, 2022.
These Terms of Service (“Terms”) are a legal agreement between You (“You” or “User”) and Stir Money, Inc. (“Stir”) governing Your use of Your individual account with Stir (“Stir Account”), Your use of our website located at www.usestir.com and the associated software, systems and services, including the Stir Activity Feed, Stir Insights, Stir Pay, Stir Splits, Stir Invoices, and Stir Manager services (collectively, the “Stir Services”). You should read all the Terms carefully.
By using the Stir Services, You agree to these Terms and any policies referenced herein (“Policies”), including limit Stir’s liability, and terms that require resolution of disputes by arbitration. You also agree to any additional terms specific to the particular Stir Services You use (“Additional Terms”), which become part of these Terms.
Only businesses (including sole proprietors) located in the United States are eligible to use the Stir Services. You acknowledge and agree that You will not use the Stir Services for any personal, family, or household purposes. You represent to us that You have authority to bind Your business or entity to these Terms, and that Your business accepts these Terms.
You acknowledge and agree that Your use of the Stir Services with any third party You have independently engaged is done solely at the User's own discretion and pursuant to the User's own terms/conditions with such party. You acknowledge and agree that Stir is not otherwise liable for such third parties' compliance with any applicable laws and regulations with respect to the services offered directly to Users.
You understand that Stir partners with certain third parties that Stir utilizes in connection with provision of payment services (“Payment Service Providers”). These Payment Service Providers provide various services, including processing, collecting, holding, sending, and receiving Payments on Your behalf to designated Recipients. All payments services in connection with the Stir Services are performed by Stir’s Payment Service Providers. The following terms and conditions of Stir’s Payment Service Providers (“Payment Service Provider Terms”), as amended from time to time by such Payment Service Provider, apply to Your use of the Stir Services, and are incorporated by reference into these Terms:
a. Stripe Connected Account Agreement, available here: https://stripe.com/connect-account/legal
b. Stripe Services Agreement – United States, available here: https://stripe.com/ssa
c. Stripe Global Privacy Policy – Worldwide, available here: https://stripe.com/privacy
d. Plaid End User Privacy Policy, available here: https://plaid.com/legal/#end-user-privacy-policy
e. Plaid End User Services Agreement – United States, available here: https://plaid.com/legal/#end-user-services-agreement-us
You agree that Stir may update these Terms at any time without notice as we deem necessary by posting the revised version on our website (“Stir Website”) or communicating it to You through the Stir Services. The amended Terms will be effective as of the time posted. Your continued use of the Stir Services constitutes Your acceptance of the amended Terms.
You agree that we may communicate with You electronically with respect to important information regarding the Stir Services or Your Stir Account. We may also provide notices to You by posting them on the Stir Website, or by sending them to the email address linked to Your Stir Account. Stir Website and email notices shall be considered received by You within 24 hours of the time posted or sent.
Except as otherwise stated, You must send notices to Stir at the following email address: hello@usestir.com.
In order to use the Stir Services, You must create a Stir Account. To do so, You must be a resident of the United States or one of its territories, must be over the age of 13.
If You are not at least 18 years old, but You are 13 years old or older, You must have an eligible representative (“Eligible Representative”) who will agree to these Terms and any Payment Service Provider’s Terms on Your behalf. Your Eligible Representative must be Your parent or legal guardian. If You are a legal entity that is owned, directly or indirectly, by an individual who is not at least 18 years old, but the individual is 13 years old or older, Your Eligible Representative must either obtain the consent of Your board or of an authorized officer. Any such approving board, authorized officer, parent, or legal guardian is responsible to Stir and/or Stir’s Payment Service Provider and is legally bound to these Terms as if the Eligible Representative had agreed to the Terms itself. You may not use the Stir Services if you are under 13 years of age. In order to establish Your Stir Account, Stir will ask You for information, which may include but is not limited to, Your name, date of birth, phone number, Your business EIN (if applicable), and other personal information.
You may also be required to (i) verify Your phone number; (ii) link Your Google or Apple account; or (ii) link Your bank account (“Your Bank Account”). In order to link Your Bank Account, You will be required to verify Your Bank Account by providing additional information, as discussed below. Certain Stir Services may only be available to You after You have linked Your Bank Account.
You acknowledge that Stir, directly or through its Payment Service Providers, may collect additional information and make inquiries as necessary to verify Your identity. This may include asking or requiring You to take steps to confirm information and verifying Your information against third party databases or through other sources. Stir and its Payment Service Providers reserve the right to deny Your use of the Services or to limit Your use of Your Stir Account.
You must provide accurate and complete information in response to verification questions, and You must keep all of Your information current. You are fully responsible for ensuring that Your Google or email password and Your Bank Account information are updated at all times.
You are solely responsible for safeguarding Your Stir Account and for all activity that occurs under Your Stir Account, including for any actions taken by persons to whom You have granted access to the Stir Account. We reserve the right to change, suspend or terminate Your Stir Account if You provide inaccurate, untrue, or incomplete information, or fail to comply with the registration requirements.
Stir Activity Feed enables You to see a selection of Your recent activity on the Stir platform. This includes Payments you’ve received, Splits you are participating in, have created, or that have seen revenue, Invoices you have sent or that have been paid, or new manager / client relationships that have been created on Stir.
You understand that this is intended to be an incomplete summary of the activity presented as-is and without any representations or warranties which may not completely correspond with specific funds flow into and out of Your Bank Account(s) due to funds transfer timing or issues arising from Know Your Customer (KYC) or other restrictions that your Bank or that the Payment Service Providers impose.
Stir Insights enables You to view aggregated data, including revenue You have earned (“Your Revenue”) from each of Your linked platforms (each, a “Platform”). You are solely responsible for linking Your account with each designated Platform (“Your Platform Account”) to Your Stir Account, including completing the necessary verification processes in order to verify Your Platform Account.
You are fully responsible for linking Your Bank Account(s) to Your Stir Account for purposes of viewing Your Revenue or Estimated Taxes through the Stir Insights service. Stir may use Payment Services Providers for purposes of verifying and receiving data in connection with the Stir Insights service.
You understand that any Estimated Taxes reflected in Stir Insights are just estimates that Stir has aggregated for Your convenience based on information collected through Your Platform Account and Your Bank Account. It is Your responsibility to determine what, if any, taxes apply to Your Revenue or any Payments (as defined below) that You may receive through the Stir Services. It is solely Your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. Stir is not responsible for determining whether any taxes apply to You, or for calculating, collecting, reporting or remitting taxes arising from services that You provide in connection with any Platforms.
Stir Pay enables You to (i) send funds (“Payments”) to other Stir Users such as co-collaborators or vendors (“Recipients”); and (ii) receive Payments from other Stir Users. All payments services in connection with the Stir Pay Services are performed by Stir’s Payment Service Providers pursuant to the Payment Service Provider Terms directly between You and the relevant Payment Service Provider.
i. Sending Payments Using Stir Pay
You understand that all Recipients to whom You send Payments using Stir Pay must be registered as Stir Users.
You are fully responsible for all Payments that You send to Recipients through Your Stir Account. In order to send Payments to Recipients through Stir, You must provide all information regarding the Recipient as required by Stir’s Payment Service Provider pursuant to the applicable Payment Service Provider Terms.
Payments may only be made to verified Recipients with U.S. Bank Accounts. Stir and/or its Payment Service Provider may, in its sole discretion, impose limits on the size, frequency, and timing of Payments sent through the Stir Pay service, on a per transaction or a cumulative basis, and change those limits at any time.
You are responsible for ensuring that You have submitted Your Payment to the correct Recipient. Your ability to send Payments will depend on Your accurate and complete provision of all information requested by Stir and/or its Payment Service Provider. Neither Stir nor its Payment Service Provider will have liability for losses or damages due to Your provision of inaccurate or incomplete Payment information.
Each Recipient will be responsible for ensuring acceptance of Your Payment (i.e., “claiming” Your Payment) through the Recipient’s Stir Account. Recipients that have existing Stir Accounts, have otherwise been verified, and have received Payments from You previously may not be required to claim Your Payment for each subsequent Payment You make to such Recipient.
Payments sent may be initially held in a Stir Wallet for the Recipient to claim in order to facilitate payment speed and onboarding. Recipients will be able to claim funds stored in their wallet provided they create a fully onboarded Stir Account in good standing and there are no outstanding issues transferring funds to their Bank Account. Funds in the Stir Wallet represent an unsecured claim against us, and are not eligible or protected by Federal Deposit Insurance Corporation (“FDIC”) insurance. Stir is not a bank and does not take deposits nor does it pay interest on funds held within the Stir Wallet.
You acknowledge that, with respect to a Payment that is later invalidated for any reason, including but not limited to fraud or restrictions imposed by regulators, You may be liable to Stir or to its Payment Service Provider for the full amount of the Payment and Stir or its Payment Service Provider may recover the amount of the Payment (plus any fees) from You. Stir or the Payment Service Provider may recover the amount of the Payment from either the sender or the Recipient of an invalidated Payment in its discretion (subject to applicable law), including holding You liable for a Payment for which there were lack of funds or a dispute.
ii. Receiving Payments Using Stir Pay
If You are a Recipient of a Payment from another Stir User, You understand that in order to receive Your Payment, You must (i) have a validated Stir Account; and (ii) accepted the Payment. You also understand that funds may be held in a Stir Wallet as a means of facilitating funds transfer speed and managing issues involved with transferring funds to your Bank Account. Funds in the Stir Wallet represent an unsecured claim against us, and are not eligible or protected by Federal Deposit Insurance Corporation (“FDIC”) insurance. Stir is not a bank and does not take deposits nor does it pay interest on funds held within the Stir Wallet.
You are fully responsible for ensuring that You have provided accurate and updated information in order to receive Payments through Stir. Your ability to receive Payments will depend on Your accurate and complete provision of all information requested by Stir and/or its Payment Service Provider. Neither Stir nor its Payment Service Provider will have liability for losses or damages due to Your provision of inaccurate or incomplete Payment information.
You acknowledge that, with respect to a Payment that is later invalidated for any reason, including but not limited to fraud or restrictions imposed by regulators, You may be liable to Stir or to its Payment Service Provider for the full amount of the Payment and Stir or its Payment Service Provider may recover the amount of the Payment (plus any fees) from You. Stir or the Payment Service Provider may recover the amount of the Payment from either the sender or the Recipient of an invalidated Payment in its discretion (subject to applicable law), including reversing a Received Payment from Your Bank Account to cover the liability for an invalidated Payment from another Stir User.
Stir Splits enables You to automatically split Payments (“Splits”) from Your Revenue with other Stir Users on a recurring basis.
You understand that by initiating a Split with a designated Recipient, a portion of Your Revenue (“Split Portion”) that is received into Your Bank Account from each Platform that You have designated will be automatically debited from Your Bank Account and remitted to Your designated Recipient. You also understand that funds may be held in a Stir Wallet as a means of facilitating funds transfer speed and managing issues involved with transferring funds to your Bank Account. Funds in the Stir Wallet represent an unsecured claim against us, and are not eligible or protected by Federal Deposit Insurance Corporation (“FDIC”) insurance. Stir is not a bank and does not take deposits nor does it pay interest on funds held within the Stir Wallet. By using the Stir Split Service, You expressly authorize Stir (via its Payment Service Provider)to deduct the Split Portion from Your Bank Account on a recurring and pre-authorized basis, and to send the Split Portion, minus any fees assessed by Stir or its Payment Service Provider (“Split Fees”) to the Recipient You have designated for such Split. In order to initiate a Split, You may need to invite your designated Recipient to establish a Stir Account. All payments services in connection with the Stir Split Services are performed by Stir’s Payment Service Providers pursuant to the Payment Service Provider Terms directly between You and the relevant Payment Service Provider.
You understand that Stir can only process a Split after funds in connection with Your Revenue have been received into Your Bank Account from the relevant Platform (“Funding Date”). Stir is not liable for losses or damages if a Split is not processed because Your Revenue from Your Platform Account was not deposited into Your Bank Account on the Funding Date.
All terms and conditions above related to sending and receiving Payments through Stir Pay will continue to apply to all Splits.
You maybe able to cancel a pending Split at least one day prior to the Funding Date by requesting such cancellation through Your Stir Account.
If You would like to request a cancellation or refund of a Split following the Funding Date, You may contact Stir at support@usestir.com. Stir’s ability to cancel Your Split or provide You with a refund may depend on various factors, including whether Your Payment is a Pending Payment or a Received Payment. Stir will attempt to work with its Payment Service Providers in order to resolve and refund Your Split, but cannot guarantee any such resolution or refund. Stir may charge a fee in connection with any such request made by You.
Stir Invoices allow You to send invoices (“Invoice”), collect and track Payments on such Invoices, and create Splits on the payments received on those invoices.
Stir provides a dashboard by which you can view your Invoices (and Invoices sent on your behalf or that you sent on behalf of someone else). All payments services in connection with Stir Invoices service are performed by Stir’s Payment Service Providers pursuant to the Payment Service Provider Terms directly between You and the relevant Payment Service Provider.
You acknowledge that Stir is under no obligation to ensure collection of your Invoice, and is not responsible for any unpaid Invoices. You also understand that Invoices which are paid not using the payment methods presented on the Invoice page (for example, if the recipient pays You on the invoice in cash, by check, or through a non-Stir service like Venmo or PayPal) cannot be tracked automatically or Split by Stir
Stir Manager services allow Stir users to designate a third party to manage their Stir Account and setup Splits and Invoices on their behalf (such third party, a “Manager”, and the designating user, a “Client”). Managers will be able to (i) invite Clients to Stir; (ii) have knowledge about whether or not a given Clients’ bank accounts (if applicable) are properly linked to Stir; (iii) setup and cancel Splits on their Clients’ behalf pursuant to these Terms, and (iv) create and send Invoices on their Clients’ behalf pursuant to these Terms. Clients and Managers can revoke the Manager’s privileges at any time
Stir Profiles enable Users to share information about their background, online presence on social media, and past work with the public. At a User’s request, and for platforms Stir supports, Stir lets Users request verification for past work from another party that may own the work output or its presentation online. Stir Profiles also lets Users edit and update their shared information.
Stir Profiles also enables online content platform channel owners to claim ownership over online content through the use of platform APIs for supported platforms. This allows the channel owner to build a record of their past work as well as verify claims for past work on those channels and recognize the work of other Stir users.
By using Stir Profiles, You acknowledge that all information on Stir Profiles are provided by Users or the platforms themselves and that Stir makes no representations or warranties on the accuracy of the information presented.
Stir also makes no representations or warranties that attempts to verify past work will be reciprocated by other parties.
Stir may, in its sole discretion, suspend or terminate these Terms and/or Your Stir Account and Your use of the Stir Services at any time for any reason. Such suspension or termination does not relieve You of any of Your obligations under these Terms.
Stir or its Payment Service Provider may freeze, withhold, or remit funds in Your Bank Account in response to a facially valid subpoena, court order, search warrant, or other binding order from a governmental authority, including but not limited to tax levies or wage garnishment orders.
You acknowledge that Stir may charge additional fees in connection with Your Use of the Stir Services. Stir will always disclose all such fees to You prior to charging them.
In the event of any dispute, including, without limitation, in the event that You receive a Payment in connection with Stir Pay, a Split or Payment on an Invoice, and such Payment is later disputed by a User or Brand, Stir and/or its Payment Service Provider, reserves the right to debit Your Bank Account for the disputed amount.
The Stir Services may enable You to connect to third-party services or products, including services and products provided by Stir’s Payment Service Providers (“Third Party Services”). If You decide to use Third Party Services, You will be responsible for reviewing and understanding the terms and conditions for such services. Stir is not responsible or liable for the performance of any Third Party Services. Further, You agree to resolve any disagreement between You and a third party regarding the terms and conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship. The Stir Services may contain links to third party websites. The inclusion of a link to a third party website does not imply an approval, endorsement, or recommendation by Stir. Such third party websites are not governed by these Terms.
You agree to indemnify Stir for all actions related to Your use of the Stir Services. You agree to defend, indemnify and hold Stir harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of Your breach of these Terms, Your improper use of the Stir Services, Your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom You grant permissions to use Your Stir Account or access to the Stir Services on Your behalf.
In no event shall Stir be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with the Stir Website, software, or systems operated by Stir or on Stir’s behalf, any of the Stir Services, or these Terms (however arising, including negligence), unless and to the extent prohibited by law. Stir’s liability to You or any third parties in any circumstance is limited to the actual amount of direct damages incurred. In addition, to the extent permitted by applicable law, Stir is not liable, and You agree not to hold Stir responsible, for any damages or losses(including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (i) Your use of, or Your inability to use, the Stir Website, software, and systems operated by Stir or on Stir’s behalf, or any of the Stir Services; (ii) delays or disruptions in the Stir Website, software, or systems operated by Stir or on Stir’s behalf and any of the Stir services; (iii) viruses or other malicious software obtained by accessing the Stir Website, software, or systems operated by Stir or on Stir’s behalf or any of the Stir Services; (iv) the content, actions, or inactions of third parties; or (v) a suspension or other action taken with respect to Your Stir Account.
THE STIR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION,WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. STIRSPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.STIR IS NOT RESPONSIBLE FOR YOUR FAILURE TO PERFORM OBLIGATIONS UNDER THESETERMS AND DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANYPRODUCT OR SERVICE ADVERTISED OR OFFERED BY YOU, STIR, A PAYMENT SERVICEPROVIDER, OR ANY OTHER THIRD PARTY.
Unless otherwise stated in these Terms, any customer service inquiries, complaints and requests should be sent to support@usestir.com.
You acknowledge that Stir may report the total amount of payments You receive each calendar year as required by applicable law. Stir may also electronically send you tax-related information (including, when you provide us your tax identification number, a Form 1099-K).
You and Stir agree that any and all disputes, claims and controversies will be resolved exclusively and finally by binding arbitration administered by a single arbitrator administered by the American Arbitration Association (“AAA”)under the AAA’s Commercial Arbitration Rules. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOURCASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTIONAGAINST STIR. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. In accordance with the AAA Rules, the party initiating the arbitration(either You or us) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to You and Stir also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Stir Services. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
These Terms and any dispute will be governed by the Federal Arbitration Act, as set forth above, and by California law and/or applicable federal law, without regard to its choice of law or conflicts of law principles.
Stir shall not be liable for any issues or delayed performance caused by circumstances beyond Stir’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, service provider failures or delays.
You may not transfer or assign any rights or obligations you have under these Terms without Stir’s prior written consent. Stir reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time.
If any provision of these Terms is held to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
If Stir fails or delays in exercising any right, power or remedy or to take action against any breaches of these Terms, it does not mean that it waives its right at a later time to enforce the same.