Last updated: May 9, 2022
These Stripe Radar Services Terms (these “Terms”) apply to your use of the Stripe Radar Service (defined below). Do not accept these Terms or use the Stripe Radar Service if you or your company is prohibited from doing so by applicable Law.
1. Relationship to Stripe Services Agreement.
When you use the Stripe Radar Service, you expressly agree to the terms and conditions of these Terms, the Stripe Services Agreement, and updates and modifications Stripe makes to each from time to time, if any. These Terms supplement the Stripe Services Agreement, which governs your use of Stripe Services and is incorporated into these Terms by reference. To the extent that there is a conflict between the Stripe Services Agreement and these Terms, these Terms will prevail.
2. Definitions.
Capitalized undefined terms used in these Terms have the meanings given to them in the Stripe Services Agreement.
“Radar Score” means a numerical risk score or level associated with a Transaction or other related activity that is designed to help detect and block actual or potential fraud, or unauthorized Transactions, related to your business.
“Service Data” means Data that Stripe makes available to you via the Stripe Radar Service, including Radar Scores and Data your Customers provide to Stripe.
“Stripe Radar Service” means the Service (as defined in the Stripe Services Agreement), including the Service Data, that is designed to enable you to (a) detect and evaluate the risk that a Transaction or other related activity is fraudulent, and (b) block suspected fraudulent Transactions or other related activity, in each case, solely in conjunction with other Services.
3. Permitted Use.
You may use the Stripe Radar Service only for your internal business purposes to help detect and block actual or potential fraud, or unauthorized Transactions, in each case in connection with the Services (“Permitted Use”).
4. Prohibited Uses.
You must not, and must not allow third parties to:
(a) use the Stripe Radar Service as a factor in determining any person’s eligibility for credit, insurance, housing or employment, or in any way that would cause Stripe to be a “consumer reporting agency” or cause the Service Data received from Stripe to constitute a “consumer report,” each as described in the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (“FCRA”);
(b) sell, rent, transfer, make available, or communicate orally or through other means the Service Data (including as the term “sell” is defined by the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100-1798.199 (CCPA));
(c) disclose (except as required by applicable Law), download or store the Radar Scores;
(d) use the Stripe Radar Service or the Service Data to directly or indirectly develop or otherwise make available on a commercial basis any security or fraud detection product or service;
(e) use the Stripe Radar Service or the Service Data to discriminate based on race, gender, or other protected characteristics, or take any “adverse action” as that term is described in FCRA or the Equal Credit Opportunity Act, 15 U.S.C. § 1681, et seq. (ECOA) and their implementing regulations; or
(f) use the Stripe Radar Service or the Service Data to evaluate transactions not processed through Stripe Services.
5. Disclaimers.
5.1 Responsibility for decisions.
(a) You will be liable for your use of the Stripe Radar Service, as well as the decisions you make and the actions you take in connection with the Stripe Radar Service.
(b) You acknowledge that incorrect data inputs may materially change a Radar Score.
(c) You acknowledge that the Service Data does not constitute legal or compliance advice, or advice about whether to proceed with a Transaction or counterparty.
(d) Stripe disclaims all liability for (i) fraudulent Transactions and other fraudulent activity; (ii) all losses, damages, costs and expenses arising from non-fraudulent Transactions that may be blocked, whether or not any Services are used; and (iii) the accuracy (or inaccuracy) of results provided by those Services.
5.2 Additional acknowledgments.
You also acknowledge that:
(a) the Service Data may change from time to time, does not auto-update the Radar Score, and reflects only data available to the Stripe Radar Service at the time the Radar Score is generated.
(b) the Stripe Radar Service uses data from Transactions processed through the Stripe platform, which may include your Transactions.
(c) the Stripe Radar Service may be enabled by default. If you do not wish to use the Stripe Radar Service, you must contact Stripe support to disable it.
(d) you are solely responsible for choosing which rules (default or custom) you use with the Stripe Radar Service. Your choice to input and use additional rules with the Stripe Radar Service may result in longer settlement times for applicable Transactions. Without further notice to you, Stripe may make general or specific changes to the rules that may alter the Stripe Radar Service.
6. Additional Terms Regarding Personal Data and Compliance.
6.1 Retention of Personal Data by Stripe.
Without limiting Stripe’s rights under the Stripe Services Agreement, Stripe may retain and process Personal Data where needed to comply with our legal and regulatory obligations; for security reasons; for monitoring, detecting and preventing fraud; and to update our Services in accordance with our Privacy Policy.
6.2 Privacy Disclosures.
In providing the Stripe Radar Service, Stripe collects, uses and may make available to users of the Stripe Radar Service information regarding device characteristics and Customer activity indicators that may help users detect and block actual or potential fraud. You affirm that your privacy policy fully discloses to your Customers these types of data collection and use, including sharing this data with Stripe and Stripe using this data. More information is available here: https://stripe.com/docs/disputes/prevention/advanced-fraud-detection and in Stripe’s Privacy Policy.
6.3 Suggested Disclosure.
Here is disclosure language you could add to your privacy policy if it does not already include a disclosure to this effect:
“We use Stripe for payment, analytics, and other business services. Stripe collects transaction and personal identifying information, which it analyzes and uses to operate and improve the services it provides to us, including for fraud detection. You can learn more about Stripe and read its privacy policy here.”
6.4 Requests for Compliance Information.
Within 14 business days of Stripe’s request, you will provide information that reasonably demonstrates your compliance with these Terms.
7. Suspension; Termination; Deletion.
7.1 For Noncompliance with Law.
Stripe may, by giving Notice to you, immediately suspend your access to the Stripe Radar Service or terminate these Terms if:
(a) there is a change in any applicable Law, or how it is interpreted, that has a material adverse effect on Stripe or the Stripe Radar Service; or
(b) your use of the Stripe Radar Service violates applicable Law, these Terms or could cause harm to Stripe, its personnel, or any third party, including Stripe service providers and other Stripe users.
7.2 Automatic Termination.
These Terms will automatically terminate without Notice if:
(a) the Stripe Services Agreement between you and Stripe expires or is terminated for any reason; or
(b) your Stripe Account is suspended or closed for any reason.
7.3 Deletion of Service Data.
(a) Upon termination, you will promptly delete or destroy any Service Data in your possession or control.
(b) At any time upon Stripe’s request you will promptly delete or destroy any Service Data in your possession or control.
However, in each case, you may retain copies of such Service Data to the extent required by, and used only to comply with, applicable Law.
8. Beta Services.
8.1 Beta Services.
Stripe may indicate that the Stripe Radar Service, with regard to a particular release or feature, or as offered in certain countries or regions, are classified by Stripe as “beta”, “pilot”, “limited availability”, “invite only”, or “pre release” (“Beta,” and the Beta portion of the Stripe Radar Service, “Beta Services”). You understand that Beta Services are still in development, may have bugs or errors, may be feature incomplete, and may be subject to material change. You further understand that the Beta Services may be generally available in some countries while still classified as Beta in others. Despite any other provision of these Terms to the contrary, you understand and agree that your use of or reliance on the Beta Services is subject to the Beta classification, which will continue in force until Stripe removes the classification.
8.2 Modification to Beta Functionality; Beta Updates.
Stripe has no obligation whatsoever to provide any bug fixes, error corrections, patches, or service packs for, or any revisions, successors, or updated versions to, the Beta Services, or any part of them, while the Beta classification is in place (all of the foregoing, if made available by Stripe, “Beta Updates”). However, if Stripe provides or makes available any Beta Update, you must fully implement the Beta Update within the time period specified by Stripe or 30 days after Stripe makes the Beta Update available, whichever is sooner.
8.3 Availability and Updates During Beta Period.
Stripe may make updates, changes, repairs, or conduct maintenance at any time, and with or without notice, which may result in changes in the availability or quality of the Beta Services. In addition, Stripe may suspend your access to the Beta Services with or without Notice, including if Stripe reasonably believes that (a) suspending the Beta Services is required by applicable Law; (b) continuing to provide the Beta Services would place Stripe in breach of any obligation Stripe owes to a third party; or (c) Stripe determines that continuing to provide the Beta Services would give rise to an unacceptable security or privacy risk. Stripe may also terminate your access to the Beta Services if Stripe, in its sole discretion, stops offering the Beta Services completely or in your jurisdiction.