Effective date: April 22, 2025

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Who We Are

Welcome to Subtotal! Through our Merchant Link service, we allow you and other end users to connect your accounts with retailers, marketplaces, shopping providers and platforms, and delivery services (“Merchants”) with the apps and websites you use (which we’ll refer to as “Developers”). This grants Developers access to your purchase history and other information about you as described in our End User Privacy Policy, the terms of which are incorporated herein by reference.

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Introduction and Scope

These Terms of Service (“Terms”) form a legally binding agreement between you and Subtotal, Inc. (together with our affiliates, “Subtotal,” “we,” “our,” or “us”) concerning your access to and use of our website, online tools, applications, and services (collectively, the “Services”). Please read these Terms carefully. They include important information relating to your use of the Services, including limitations of liability, a class action waiver, and provisions for resolving disputes through arbitration. You agree that by accessing the Services, you have read, understood, and agreed to be bound by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

These terms do not apply to the Services we provide to our business customers. Those Services are governed by our Developer Services Agreement.

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Registration and Access

In order to use some of our Services, you may need to sign up for an account, select a password and username (“Subtotal User ID”), and provide us with information such as your name and email address. You must provide us with accurate, complete, and updated information to register for an account to use the Services.

When you access the Services through a third-party — for example, when you use Subtotal to connect your Merchant accounts with one or more Developers — you authorize us to access certain information from that account (such as your login credentials) for use in connection with our Services.

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Minimum Age

We do not knowingly collect or solicit personal information from children under 16 years of age. If you are a child under the age of 16, please do not register for or otherwise use the Services or send us any personal information. If you believe that a child under 16 years of age has registered for our Services or provided us with personal information, please contact us at support@subtotal.com.

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ARBITRATION NOTICE AND CLASS ACTION WAIVER

AS DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SUBTOTAL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ​

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Data and Privacy

Subtotal takes your privacy seriously. Please review our current End User Privacy Policy for more information.

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Restrictions

You agree not to:

  • Access or use anyone else’s Subtotal account;
  • Submit information that infringes intellectual property or privacy rights;
  • Circumvent measures intended to restrict or prevent access to the Services;
  • Access the Services for purposes of competition;
  • Use the Services for any fraudulent, deceptive, threatening, unlawful, or misleading purpose;
  • Decompile, reverse engineer, or otherwise attempt to gain unauthorized access to the Services or any related data or source code;
  • Copy, alter, or create derivative works of the Services;
  • Scrape, crawl, or spider any data from the Services;
  • Use the Services in any way that could impair their functionality or interfere with or disrupt other users.

A violation of any of the above will result in termination of your access to the Services.

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Rights in the Services

Subtotal owns all rights, title, and interest (including intellectual property rights) in and to the Services, including materials displayed, available on, or performed through the Services (such as text, graphics, data, images, and other content). You agree not to modify, reproduce, publish, transmit, or distribute the content for commercial use.

If you choose to give us suggestions, comments or other feedback about the Services, we may use the feedback without restriction.

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Termination

You can stop using the Services at any time. To delete your account, contact support@subtotal.com.

We may terminate or suspend these Terms (or your use of the Services) with or without notice and for any or no reason, including if we suspect that you have violated these Terms. We will have no liability to you for any termination or suspension, nor will such action limit any other rights or remedies we may have.

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Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE, OR THAT ANY DATA WILL BE SECURE OR NOT LOST OR ALTERED.

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​Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

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Indemnity

To the extent permitted by applicable law, you agree to indemnify and hold Subtotal harmless from and against any claims, damages, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services or any violation of these Terms.

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​Choice of Law

These Terms (and any interpretations and disputes relating to these Terms) shall be governed by and construed in accordance with the laws of Delaware, excluding its conflict of law rules.

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Arbitration Agreement

You and Subtotal agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, through final and binding arbitration in Delaware. You may opt out of arbitration within 30 days of accepting these arbitration terms or of any updates to these arbitration terms within 30 days after the update has taken effect by emailing us at support@subtotal.com. If you opt out of an update, the last set of agreed upon arbitration terms will apply.

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Changes to These Terms

As we add to and improve our Services, we may update these Terms from time to time. When we do, we will publish an updated version and effective date on this page and provide additional notice as required by law — for example, by sending you an email. If you’ve opted not to receive emails from us, or you haven’t given us your email address, our notices about these Terms will still govern your use of the Services, and you are still responsible for reading and understanding them. If you don’t agree with the new Terms, you are free to reject them; however, that means you will no longer be able to use the Services. If you continue to use the Services after a change to the Terms is effective, that means you agree to all of the changes.

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Waiver and Severability

Our failure to enforce a provision of these Terms is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

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Entire Agreement

These Terms contain the entire agreement between you and Subtotal regarding the Services and supersedes any prior or contemporaneous agreements between you and Subtotal.

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Contact Us

If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at: