Effective date: February 28, 2025

Welcome to Subtotal. Through our Merchant Link service, Subtotal allows you to connect your accounts with shopping providers, retailers, and other merchants (“Merchants”) with authorized vendor partners and applications (“Vendors”). This grants access to purchase history and other relevant data as described in our Privacy Policy, using Subtotal’s API to retrieve your Merchant account data and purchase history.

Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

This Terms of Service Agreement (the “Terms”) is a binding contract between you and subtotal, INC. (“Subtotal,” “we,” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy.

Please read these Terms carefully. They cover important information about the Services, including charges, taxes, fees, future changes, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.

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ARBITRATION NOTICE AND CLASS ACTION WAIVER

EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US 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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Will These Terms Ever Change?

We are constantly improving our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time. If we do, we will place a notice on our site at https://subtotal.com/legal/terms-of-service, send you an email, and/or notify you by some other means.

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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What About My Privacy?

Subtotal takes user privacy seriously. For our current Privacy Policy, please review here.

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Children’s Online Privacy Protection Act

We do not knowingly collect or solicit personally identifiable information from children under 13 years of age. If you are a child under 13, do not attempt to register for or otherwise use the Services. If we learn we have collected personal information from a child under 13, we will delete that information. If you believe a child under 13 may have provided us with personal information, please contact us at support@subtotal.com.

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What Are the Basics of Using Subtotal?

You may be required to sign up for an account, select a password and user name (“Subtotal User ID”), and provide us with certain information or data. You promise to provide us with accurate, complete, and updated registration information.

If you access the Services via a third-party account (such as a retailer account), you authorize us to access certain information from that account for use within our Services.

You represent and warrant that you:

  • Are an individual of legal age to form a binding contract, or have obtained parental/guardian consent.
  • Will use the Services for your own internal, personal, non-commercial use, in compliance with all applicable laws.

If your use of the Services is prohibited by law, you aren’t authorized to use them. We are not responsible if you use the Services in violation of the law.

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Are There Restrictions in How I Can Use the Services?

You agree not to:

  • Violate intellectual property rights or privacy rights.
  • Engage in fraudulent, deceptive, threatening, harassing, or otherwise objectionable conduct.
  • Attempt to hack or compromise security systems.
  • Scrape, crawl, or spider any data from the Services.
  • Decompile, reverse-engineer, or otherwise attempt to access source code.

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

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What Are My Rights in the Services?

The materials displayed, available on, or performed through the Services (including text, graphics, data, images, and other content) are protected by intellectual property laws. You agree to:

  • Not modify, reproduce, publish, transmit, or distribute the content for commercial use.
  • Use the content only as permitted under these Terms.

We grant you a non-exclusive, non-sublicensable, non-transferable right to access and use the Services solely for your personal, non-commercial purposes.

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What About My Data and Anything I Make Available to Subtotal?

Any data you post, upload, share, or provide through the Services is your “End User Data.” You:

  • Retain ownership of your End User Data.
  • Grant us a non-exclusive, royalty-free, sublicensable license to use your End User Data to operate the Services.
  • Warrant that you have rights to the End User Data you provide.

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Who Is Responsible for What I See and Do on the Services?

You are solely responsible for your use of the Services. Any content you contribute is your responsibility. We are not liable for third-party content, nor do we monitor it.

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Will Subtotal Ever Change the Services?

We may modify or discontinue features of the Services at any time. If changes significantly impact you, we’ll provide notice.

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What If I Want to Stop Using the Services?

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

We may terminate your account for violating these Terms. Account termination may result in the loss of your data.

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Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

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Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUBTOTAL SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

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Indemnity

You agree to indemnify and hold Subtotal harmless from claims, damages, and expenses (including legal fees) related to your use of the Services.

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Choice of Law and Arbitration Agreement

These Terms are governed by the laws of the State of Delaware. Any disputes must be resolved through binding arbitration in Delaware, unless you opt out within 30 days of accepting these Terms.

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Miscellaneous

If any provision of these Terms is found unenforceable, the rest remain in effect. These Terms constitute the entire agreement between you and Subtotal.

For further questions, contact us at support@subtotal.com.

Developer Services AgreementEnd User Privacy Policy