PayPal User Agreement Overview
PayPal User Agreement Overview
You can also use a personal account to receive money for the
sale of goods and services and hold that money in a linked
Balance Account or transfer it to a linked bank account or
debit card if you do not open a Balance Account, but if you
plan to use your personal account primarily to sell things, you
should open a business account. You can also convert your
personal account to a business account should circumstances
change.
Business accounts
We recommend business accounts for people and
organizations that primarily use PayPal to sell goods or
services or to receive donations, even if your business is not
incorporated. With a business account, you can do things like:
Use a company or business name as the name on your
business account.
Allow employees access to some of the features of your
business account.
Sign up for PayPal products that meet your business
needs.
Personal accounts
Money sent to your personal account cannot be held as a
balance in your personal account. When you receive money to
your personal account, you can:
transfer the money via a standard transfer to an eligible
debit card or your bank account linked to your personal
account for free;
transfer the money via an Instant Transfer to an eligible
debit card or bank account linked to your personal account,
subject to the fees applicable to such transfers that can be
found on the Fees for Transferring Funds (for
personal accounts) table and that will be disclosed to
you in advance each time you initiate such a withdrawal;
request PayPal to send the money to you by check (subject
to a non-refundable fee of $1.50 U.S. dollars for PayPal
personal accounts without a linked Balance Account, which
will be deducted from the amount of the transfer). If you
request a paper check from us, you must cash it within 180
days of the date of issuance, or we will return the funds to
your linked Balance Account if you have one or hold the
funds on your behalf and retain the non-refundable fee of
$1.50 U.S. dollars, if applied. We will not send a check to a
post office box, and we will only send a check to an address
once we have confirmed that it belongs to you;
open a Balance Account to hold and use the money as a
balance in your Balance Account for purchases or to send
personal transactions to friends and family members. A
Balance Account is separate account from your personal
account. If you open a Balance Account, we will
automatically link your Balance Account to your personal
account. More information about Balance Accounts can be
found in the PayPal Balance Terms and Conditions
Conditions.
PayPal is not a bank and does not itself take deposits. You
will not receive any interest or other return on the funds held
with PayPal. If your Balance Account is not eligible for FDIC
pass-through insurance, PayPal combines your PayPal funds
with the PayPal funds of other PayPal users and invests those
funds in liquid investments in accordance with state money
transmitter laws. PayPal owns the interest or other earnings
on these investments. However, the claim against PayPal
represented by funds held in your Balance Account is not
secured by these investments and you do not have any
ownership interest (either legal or beneficial) in these
investments. These pooled amounts are held apart from
PayPal’s corporate funds, and PayPal will neither use these
funds for its operating expenses or any other corporate
purposes nor will it voluntarily make these funds available to
its creditors in the event of bankruptcy.
PayPal Savings
You may also link PayPal Savings to your PayPal personal
account. PayPal Savings is a deposit account provided by
Synchrony Bank in which you can deposit funds and
subsequently access those funds by transferring them back to
your eligible Balance Account. A PayPal Balance Account is
required to set up and utilize PayPal Savings.
Business accounts
Money sent to a business account can be held directly as
balance in the business account. The balance functionality in
your business account will differ depending on whether we
have been able to verify the required identifying
information that you provide to us.
Restrictions
Restrictions on
on transfers
transfers or
or withdrawals
withdrawals from
from
PayPal
PayPal accounts
accounts
To protect us and our users from loss, we may delay a
withdrawal, in certain situations, including if we need to
confirm that you have authorized the withdrawal or if other
payments to your PayPal account have been subject to a
reversal (for example, as a result of a chargeback
chargeback, bank
reversal, or dispute
dispute by
by aa buyer
buyer). If we place
a limitation
limitation on your PayPal account, a payment is subject
to a hold, or your account or an associated account has a
negative balance in any currency while a withdrawal from
your PayPal account is pending, you will have to reinitiate the
withdrawal once the limitation or hold has been lifted, or
negative balance is fully paid off.
Managing
Managing Your
Your Money
Money in
in Multiple
Multiple
Currencies
Currencies
Holding
Holding currency
currency other
other than
than U.S.
U.S. dollars
dollars
Your balance in your business account or in your Balance
Account, if you have one, may be held in currencies other
than U.S. dollars.
How
How we
we convert
convert currency
currency
If PayPal converts currency, it will be completed at the
transaction exchange rate we set for the relevant currency
exchange. The transaction exchange rate is adjusted regularly
and includes a currency
currency conversion
conversion spread
spread applied and
retained by us on a base exchange rate to form the rate
applicable to your conversion. The base exchange rate is
based on rates within the wholesale currency markets on the
conversion day or the prior Business
Business Day
Day; or, if required by
law or regulation, set at the relevant government reference
rate(s).
Currency
Currency conversion
conversion choices
choices
When your payment is funded by a debit or credit card and
PayPal determines a currency conversion is necessary, you
consent to and authorize PayPal to convert the currency in
place of your debit or credit card issuer. You may have the
right to have your card issuer perform the currency
conversion, if applicable for that card issuer and network.
Currency preference selections may be presented to you in
various forms, including setting the currency of your card, a
choice of which currency is used for the transaction, whether
PayPal or your card issuer performs the conversion, or which
conversion rate is used for the transaction, and may be made
available individually for each card and for each automatic
payment agreement. If your card issuer converts the
currency, your card issuer will determine the currency
conversion rate and what fees they may charge.
Account
Account Statements
Statements
You have the right to receive an account statement showing
your PayPal account activity. You may view your PayPal
account statement by logging into your PayPal account. If you
have a Balance Account linked to your personal account, you
will receive two statements: one showing all transactions in
your personal account and an additional statement showing
only transactions involving your Balance Account.
Sending
Sending Money
Money and
and Buying
Buying
Sending
Sending Money
Money to
to aa Friend
Friend or
or
Family
Family Member
Member
Sending
Sending money
money
You can send money to a friend or family member as a
personal transaction using the Send Money feature in your
PayPal account. You can send money to a friend or family
member even if they don’t have an eligible PayPal account at
the time you send them money, using their email address or
mobile number in any currency that PayPal supports, and you
can choose which payment
payment method
method you want to use. If the
person to whom you are sending money does not have an
eligible PayPal account, they can claim it by opening an
eligible PayPal account. If they don’t claim it, it will be
refunded to you.
Fees
Fees for
for Sending
Sending Money
Money to
to Friends
Friends
and
and Family
Family
The fees applicable to sending personal transactions to an
eligible PayPal account can be found on our Consumer
Consumer Fees
Fees
page
page and will be disclosed to you in advance each time you
initiate sending a personal transaction to a friend or family
member. If you convert money in your Balance Account
balance or in your business account balance from one
currency to another before sending money, PayPal’s
transaction exchange rate (including our currency
currency
conversion
conversion spread
spread) will be used. If you use your credit card
as the payment method when sending money, you may also
be charged a cash-advance fee by your card issuer.
You can also use the Send Money feature in your PayPal
account to pay another PayPal account for goods or services.
You will not be charged any transaction fee for sending
money to purchase goods or services as long as you send the
money as a commercial transaction (often referred to as
using the “Send Money for Goods and Services” feature in your
PayPal account). In that case, the seller will pay a fee. You
must not send money as a personal transaction (often
referred to as using the “Send Money to a Friend or Family
Member” feature in your PayPal account) when you are paying
for goods or services. Note that the “Send Money to a Friend
or Family Member” feature may not be available when sending
money to a business account as such accounts may not be
eligible to receive personal transactions.
Buying
Buying Something
Something From,
From, Donating
Donating
to,
to, or
or Returning
Returning Something
Something to,
to, aa
Seller
Seller Who
Who Accepts
Accepts PayPal
PayPal
How
How to
to purchase
purchase something
something or
or make
make aa
donation
donation
You can purchase something from a seller who accepts PayPal
or make a donation, in any currency that the recipient
accepts and that PayPal supports using any payment
payment
method
method linked to your PayPal account. This includes, for
example:
Purchasing something at an online retailer’s website and
selecting PayPal as your payment method at checkout.
Sending money to a seller for goods or services.
Using your PayPal account to purchase something at a
seller’s physical store using an electronic terminal, subject
to certain limitations.
Using your PayPal account to purchase something at a
seller’s physical store using your own mobile device and a
QR code, subject to certain limitations.
Making donations using PayPal.
Fees
Fees
When you purchase something from a seller who accepts
PayPal or make a donation, you don’t pay a fee to PayPal. If
PayPal performs a currency conversion for your purchase or
donation, PayPal’s transaction exchange rate (including
our currency
currency conversion
conversion spread
spread) will be used. Your debit
or credit card issuer may also charge you a separate fee for
non-U.S. transactions.
In addition you may be required to pay a fee to PayPal if you
are making a purchase using PayPal Business
Business
Payments
Payments and the seller discloses to you that you, as the
buyer, must pay the fee.
Payment
Payment review
review
When PayPal identifies a potentially high-risk transaction, we
review the transaction more closely before allowing it to
proceed. When this happens, PayPal will place a hold on the
transaction and notify the seller to delay shipping of the
item. As a buyer, this may delay your receipt of the item you
purchased. If we clear the transaction, we will notify the
seller and direct them to ship the item. If we don’t clear the
transaction, we will cancel it and return the funds to you,
unless we are legally required to take other action.
Automatic
Automatic payments
payments
Some sellers who accept PayPal allow you to store PayPal as
the payment method for future purchases with that seller.
When you store PayPal as a payment method with a specific
seller, you agree with the seller that they can use PayPal to
request payment for future transactions between you and the
seller. The agreement between you and the seller may allow
you to authorize and schedule a payment to the seller in
advance on a one-time, sporadic, or recurring basis.
Examples of automatic payments that can be arranged by you
with a seller include those that PayPal calls a “billing
agreement,” “subscription,” “recurring payment,” “reference
transaction,” “preauthorized transfer”; or “preapproved
payment.”
Refunds
Refunds
When you purchase something from a seller online using
PayPal and the transaction is ultimately refunded, the money
will typically be refunded to the original payment method you
used for the transaction if you used a debit card, credit card,
PayPal Credit, or a balance in your Balance Account or
business account.
Payment
Payment Method
Method Used
Used for
for My
My
Transaction
Transaction
Selecting
Selecting aa preferred
preferred payment
payment method
method
You can choose any of the payment methods in your PayPal
account as your preferred payment method. You can select a
preferred payment method in your account preferences
on [Link]
[Link] or in the PayPal app. There may be
times when your preferred payment method cannot be used,
for example, if you select a credit card that is expired.
Backup
Backup payment
payment method
method
Certain one-time online transactions may require that a
backup payment method be used in the event that your
selected or preferred payment method is unavailable. In
those instances, the backup payment method may be
displayed to you on your transaction review page before you
complete the transaction. Note that this only applies for one-
time, online transactions, and not for in-store or automatic
automatic
payments
payments. If PayPal determines currency conversion is
necessary for a transaction that also requires a backup
payment method, you may not be able to separately choose
whether PayPal or your card issuer performs the currency
conversion on your backup payment method.
Sending
Sending money
money using
using the
the Send
Send Money
Money feature
feature
When you send money using the Send Money feature in your
PayPal account to eligible PayPal accounts within the U.S.
using balance in your Balance Account linked to your personal
account, the balance in your business account, or your bank
account, we waive all fees charged to you (as per our Fee
Fee
pages
pages), so we always show you these payment options first,
even if you have a set preferred payment method for your
online purchases. You always have the choice to select any
payment method in your PayPal account during the Send
Money experience. If you select a payment method with a fee,
we will always show you the fee before you send money.
Automatic
Automatic payments
payments
Some sellers allow you to store PayPal as the way you pay
when making purchases on their site, so you can check out
faster. Often, this entails creating an agreement with the
seller that permits them to request that we charge your
PayPal account each time you make a purchase.
Bank
Bank account
account transfers
transfers
Each time you use your bank account as a payment method,
you authorize PayPal to initiate a transfer from your bank
account to the recipient. For these transactions, PayPal will
make electronic transfers from your bank account, as set
forth under Authorization
Authorization to
to Charge
Charge Your
Your Payment
Payment
Method
Method. You authorize PayPal to re-present this transfer
from your bank account up to two (2) times if the initial
transfer is rejected by your bank for any reason. Adding
money to your PayPal balance (including your PayPal Balance
account balance) while a re-presentment is pending does not
stop the original transfer from being re-presented by us to
your bank.
If you use your PayPal account to pay for an item and you
select your bank account as the payment method for the
transaction, remember that your PayPal account is issued to
you by PayPal and not your bank. The terms, benefits, and
protections associated with your PayPal account may vary
from those that apply to your bank account. If you use your
PayPal account to make a purchase that exceeds the balance
in your linked bank account, you could incur overdraft fees,
even if you chose not to allow overdrafts with your bank.
Similarly, the liability limits applicable to your PayPal account
may differ from those applicable to your bank account.
E-check
E-check
E-check is a payment method where you use your bank
account as your payment method, and the payment is not
received by the recipient until the transaction is processed
from the bank. This process usually takes 4-7 Business
Business
Days
Days, but this amount of time will increase if the payment is
sent from a bank account located outside the United States.
Pay
Pay with
with Rewards
Rewards
PayPal may allow you to redeem rewards associated with your
eligible card(s) when making a purchase with your PayPal
account through PayPal’s Pay with Rewards program. PayPal
may share with and receive information from your issuer
about your issuer accounts to complete the redemption of
your rewards when using PayPal’s Pay with Rewards program.
The exchange of this information is necessary to complete the
purchase when you select the Pay with Rewards redemption
option.
Debit
Debit card
card processing
processing
PayPal will process your debit or prepaid card funded
transactions through either the ATM debit network or the
Visa, MasterCard, or Discover network. If we process your
debit or prepaid card through an ATM debit network, we may
provide you with the opportunity to switch to a Visa,
MasterCard, or Discover network by changing your
preferences for that debit or prepaid card through your
PayPal account profile.
Loyalty
Loyalty Cards
Cards
If you use the PayPal application on your mobile phone, you
may store loyalty card numbers or bar codes, where
applicable, for certain sellers in your PayPal account. When
you store your loyalty card numbers or bar codes in your
PayPal account, you will earn any rewards, subject to the
seller’s loyalty card terms and conditions, at the time you
make your payment to the merchant by presenting the stored
loyalty card number or bar code to the seller at the point of
sale. It is your responsibility to make sure you have entered
your loyalty card information correctly and that you update it
as necessary. It is also your responsibility to ensure that you
are receiving the rewards to which you are entitled. PayPal is
not responsible for managing your loyalty card account by
offering this service and any questions about your loyalty
card or associated rewards program should be directed to the
seller who offers the card.
PayPal
PayPal Rewards
Rewards Program
Program
The PayPal Rewards Program allows eligible PayPal users to
earn rewards points for completing qualifying transactions or
activities. See the PayPal
PayPal Rewards
Rewards Program
Program
Agreement
Agreement for more information. Such agreement governs
participation in the PayPal Rewards Program and is
incorporated herein by reference.
PayPal’s
PayPal’s Purchase
Purchase Protection
Protection
Program
Program
When you purchase something from a seller who accepts
PayPal, you may be eligible for a refund under PayPal’s
Purchase Protection program. When applicable, PayPal’s
Purchase Protection program may result in coverage for the
full purchase price of the item plus the original shipping costs
you paid, if any. PayPal determines, in its sole discretion,
whether your claim is eligible for PayPal's Purchase
Protection program.
Selling
Selling and
and Accepting
Accepting Payments
Payments
Accepting
Accepting Payments
Payments
Receiving
Receiving payments
payments
If you use your PayPal account to receive payments for the
sale of goods or services or to receive donations, you must:
Pay any applicable fees for receiving the funds.
Not ask your buyer to send you money as a personal
transaction (often referred to as using the “Send Money to
a Friend or Family Member” feature). If you do so, PayPal
may remove your PayPal account’s ability to accept
payments from friends or family members.
Commercial
Commercial entity
entity status
status
If you are a seller, and the card payments you receive using
the PayPal services meet certain criteria, you are required
under the applicable card network rules to agree to a
Commercial Entity Agreement with each card network
member bank that processes such card payments. Such
criteria include you receiving card payments from:
PayPal account users where such card payments reach
specified card network-defined volume thresholds, and/or
PayPal account users where such card payments fall within
certain card network-defined business categories, and/or
Buyers without a PayPal account.
Receiving
Receiving donation
donation payments
payments
If you use your PayPal account to accept donations, including
using the PayPal
PayPal Fundraisers
Fundraisers, the Donate Button, or
PayPal Checkout for Donations, you must:
Pay any applicable fees for receiving the funds.
Not use PayPal Fundraisers, the Donate Button, PayPal
Checkout for Donations, or any other donation services for
the sale of goods and services. If you do so, PayPal may
remove your PayPal account's ability to use those services
or otherwise receive donations.
No
No surcharges
surcharges
You agree that you will not impose a surcharge or any other
fee for accepting PayPal as a payment method. You may
charge a handling fee in connection with the sale of goods or
services as long as the handling fee does not operate as a
surcharge and is not higher than the handling fee you charge
for non-PayPal transactions.
Presentation
Presentation of
of PayPal
PayPal and
and Venmo
Venmo
You must treat PayPal and/or Venmo payment methods or
marks at least on par with any other payment methods or
marks offered or displayed at your points of sale where
PayPal or Venmo branded services are integrated, including
your websites or mobile applications. This includes at least
equal or better: logo placement, position within any point of
sale, and treatment in terms of payment flow, terms,
conditions, restrictions, and fees, in each case as compared to
other marks and payment methods at your points of sale.
Further, you must not present any payment method or mark
upstream (or at an earlier point in the checkout experience)
from the presentment of any of PayPal or Venmo services or
marks.
Taxes
Taxes and
and information
information reporting
reporting
Our fees do not include any taxes, levies, duties or similar
governmental assessments of any nature, including, for
example, value-added, sales, use or withholding taxes,
assessable by any jurisdiction (collectively, “taxes”). It is your
responsibility to determine what, if any, taxes apply to the
payments you make or receive, and it is solely your
responsibility to assess, collect, report and remit the correct
taxes to the appropriate authority. PayPal is not responsible
for determining whether any taxes apply to your transaction,
or for calculating, collecting, reporting or remitting taxes
arising from any transaction.
Taxpayer
Taxpayer Identification
Identification Number
Number and
and
Withholding
Withholding Tax
Tax
PayPal may request that you provide your tax identification
number and/or a U.S. tax form such as W-9 or W-8. If you do
not provide PayPal the requested information and
documentation, you understand and agree that you may be
subject to account limitations and federal and state
withholding tax at the applicable rates on all US source
income payments received. PayPal will send all withholding
taxes to the appropriate taxing authorities and cannot refund
those amounts.
Your
Your customer
customer service
service information,
information, refunds
refunds
and
and returns
returns policy,
policy, and
and privacy
privacy policy
policy
You must publish customer service information with clear
instructions on how your customers can contact you. Such
instructions must include at least: (1) one active customer
service email address or active customer service URL to file
tickets for assistance and/or (2) one active customer service
telephone number. Such information must be readily
accessible for review by your customers.
Payment
Payment review
review
PayPal reviews certain potentially high-risk transactions. If
PayPal determines, in its sole discretion, that a transaction is
high-risk, we place a hold on the payment and provide notice
to you to delay shipping of the item. PayPal will conduct a
review and either complete or cancel the payment. If the
payment is completed, PayPal will provide notice to you to
ship the item. Otherwise, PayPal will cancel the payment and
the funds will be returned to the buyer, unless we are legally
required to take other action. All payments that complete
this payment review will be eligible for PayPal’s Seller
Protection program if they meet PayPal’s
PayPal’s Seller
Seller
Protection
Protection program
program requirements. We will notify you
about payment reviews by email and/or through your PayPal
account.
In-store
In-store payments
payments and
and QR
QR code
code transactions
transactions
If you accept PayPal payments at your physical store, you
must communicate the total amount of the transaction to the
customer before it takes place. You may charge your
customer’s account only for transactions that they have
authorized. You must also provide customers with a physical
receipt if they request one. You agree that any transaction
that you make shall have an accurate and true description of
the goods and services being purchased.
Invoicing
Invoicing
If you use Invoicing, the Invoicing
Invoicing Terms
Terms and
and
Conditions
Conditions will apply.
Marketplace
Marketplace sellers
sellers
If you’re a seller on a marketplace or through a third-party
application where PayPal is offered, you must comply with
any rules that apply to the marketplace’s or the third-party
application’s buyer protection program for sales you make
through that forum. Any such protections may require you to
take certain actions and may impact how claims are
processed.
PayPal
PayPal Giving
Giving Fund
Fund
If you are a charity and hold a PayPal account, you may be
eligible to participate in PayPal Giving Fund programs. PayPal
Giving Fund is a Donor Advised Fund (DAF) recognized by the
Internal Revenue Service (IRS) under Section 501(c)(3) of the
Code as a tax-exempt public charity (Federal Tax ID: 45-
0931286). If you meet the eligibility requirements in
the Nonprofit
Nonprofit Certification
Certification Policy
Policy and are either a “Public
Charity” under Section 509(a) of the Code or a "Private
Operating Foundation" under IRS regulations, you may be
automatically enrolled with PayPal Giving Fund upon
acceptance of this user agreement. You will receive an email
from us confirming your enrollment. Your relationship with
PayPal Giving Fund will be governed by the Nonprofit
Nonprofit User
User
Agreement
Agreement, including receiving email communications from
PayPal Giving Fund about its current and future partners
about its programs. You can opt out of email communications
at any time in your PayPal
PayPal Giving
Giving Fund
Fund profile
profile. If you
don’t want to be enrolled or receive donations from PayPal
Giving Fund, you can opt-out at any time by contacting
contacting us
us.
For more information, please see PayPal
PayPal Giving
Giving Fund’s
Fund’s
Policies
Policies.
Card
Card not
not present
present transactions
transactions
Whenever a buyer uses a debit or credit card as the payment
method for a transaction using their account to buy
something from you as a seller, the transaction will be
processed as a “card not present” transaction, even if the
buyer is at your store location.
Accepting
Accepting preauthorized
preauthorized payments
payments
As a seller, you can accept payments from a buyer’s account
through preauthorized transfers either on a one-time, regular
or sporadic basis. This type of transaction is sometimes called
a “billing agreement,” "subscription," "recurring payment,”
“reference transaction,” "pre-approved payment" or
"automatic payment".
Transaction
Transaction Fees
Fees for
for Online
Online and
and In-
In-
Store
Store Payments
Payments
Your PayPal transaction fees depend on:
the country of the buyer’s account or the currency of their
card;
whether you are registered as a charitable organization and
have active 501(c)(3) status. Your 501(c)(3) status must
be documented with PayPal to receive the rates applicable
to charitable organizations, and those rates will apply only
after you document your status with us.
Standard
Standard transaction
transaction fees
fees
The fees you pay when selling goods or services or receiving
donations, and the buyer pays using their PayPal account (or
using another authorized wallet), can be found on
the Standard
Standard Transaction
Transaction Fees
Fees table
table, with the fees
applicable to charitable organizations founds on
the Standard
Standard Transaction
Transaction Fees
Fees for
for Charitable
Charitable
Organizations
Organizations table for the charitable fees. Please note
that:
We may revise the fees applicable to future transactions
that you process using PayPal, subject to the applicable
notice requirements set forth herein.
If you accept payments using a PayPal product (like PayPal
PayPal
Payments
Payments Pro
Pro), the fees applicable to those products will
apply to your transactions.
Micropayments
Micropayments
You may apply to receive Micropayments
Micropayments pricing
pricing for
certain lower value transactions processed through your
PayPal account.
If your PayPal account has been approved for Dynamic
Micropayments (also known as Dynamic Pricing), then
PayPal will automatically apply either the Micropayments
Micropayments
rate
rate or the applicable
applicable higher
higher value
value transaction
transaction
rate
rate to each transaction processed through your account
based on whichever rate results in the lowest fees to you
for that transaction.
If your PayPal account has previously been approved for
Static Micropayments, then all such transactions processed
through your account will receive the Micropayments
Micropayments
rate
rate, regardless of the transaction amount. If you have
multiple PayPal accounts, but only some of them have been
approved for Static Micropayments, then you are
responsible for routing your transactions through the
appropriate account to receive the desired pricing. Once a
transaction is processed, PayPal will have no responsibility
to re-route the transaction through a different account or
apply different pricing. PayPal may, at its sole discretion,
unilaterally convert your account from a Static
Micropayments setup to the Dynamic Micropayments setup.
PayPal has no obligation to offer the Static Micropayments
setup as an alternative to the Dynamic Micropayments
setup.
PayPal
PayPal Payouts
Payouts
If you use PayPal Payouts (formerly Mass Pay), the PayPal
PayPal
Payouts
Payouts Terms
Terms and
and Conditions
Conditions will apply.
Your
Your responsibility
responsibility to
to notify
notify PayPal
PayPal of
of pricing
pricing
or
or fee
fee errors
errors
Once you have access to any account statement(s) or other
account activity information made available to you by PayPal
with respect to your business account(s), you will have sixty
(60) days to notify PayPal in writing of any errors or
discrepancies with respect to the pricing or other fees applied
by PayPal. If you do not notify PayPal within such timeframe,
you accept such information as accurate, and PayPal shall
have no obligation to make any corrections, unless otherwise
required by applicable law. For the purposes of this provision,
such pricing or fee errors or discrepancies are different
than Unauthorized
Unauthorized Transactions
Transactions and other electronic
transfer Errors
Errors which are each subject to different
notification timeframes as set forth in this user agreement.
Refunds,
Refunds, Reversals
Reversals and
and
Chargebacks
Chargebacks
General
General information
information
If you receive a payment for selling goods or services that is
later refunded or invalidated for any reason, you are
responsible for the full amount of the payment sent to you
plus any fees (including any applicable chargeback
chargeback
fee
fee or Dispute
Dispute fee
fee). Whenever a transaction is refunded or
otherwise reversed, PayPal will refund or reverse the
transaction from your PayPal account. If a currency
conversion is necessary (for example if the balance in your
Balance Account or your business account for a particular
currency is insufficient to cover the amount of a refund or
reversal, or if the buyer paid in a different currency), PayPal
will perform a currency conversion in order to refund or
reverse the transaction. PayPal’s transaction exchange rate
(including our currency
currency conversion
conversion spread
spread) at the time
the refund or reversal is processed will be used.
Payments
Payments that
that are
are invalidated
invalidated and
and reversed
reversed
Payments to you may be invalidated and reversed by PayPal
if:
You lose a PayPal Purchase Protection claim submitted to
us by a buyer.
You fail to respond or provide accurate and complete
information in response to PayPal's inquiries related to a
buyer’s claims or chargebacks for a particular transaction
within the timeframe communicated to you by PayPal.
You lose a Venmo Protected Purchase Program claim.
Your buyer pursues a chargeback related to a card-funded
transaction and the transaction is not eligible for PayPal’s
PayPal’s
Seller
Seller Protection
Protection program. The card issuer, not PayPal,
determines whether a buyer is successful when they pursue
a chargeback related to a card-funded transaction.
You do not fulfill the transaction as promised or you cannot
provide proof
proof of
of shipment
shipment or
or proof
proof of
of delivery
delivery when
required.
Our investigation of a bank reversal made by a buyer or the
buyer’s bank finds that the transaction was fraudulent.
PayPal sent the payment to you in error.
The payment was unauthorized.
You received the payment for activities that violated this
user agreement or any other agreement between you and
PayPal.
When you receive a payment, you are liable to PayPal for the
full amount of the payment sent to you plus any fees if the
payment is later invalidated or reversed for any reason. If the
buyer paid in another currency, the full amount of that
payment may be calculated in that currency, using the PayPal
transaction exchange rate (including our currency
currency
conversion
conversion spread
spread) that applies at the time the refund or
reversal is processed. If the balance in your Balance Account
or business account doesn’t cover the payment amount due
plus the fees, we may use any of the payment methods linked
to your PayPal account to cover the amount due. If the
payment methods linked to your PayPal account don’t cover
the amount due, this will result in a negative balance. A
negative balance represents an amount that you owe to us,
and, in this situation, you must immediately add funds to
your balance to resolve it. If you don’t, PayPal may:
engage in collection efforts to recover the amount due from
you;
take any or all action as outlined under Amounts
Amounts owed
owed to
to
PayPal
PayPal; or
place a limitation or take other action on your PayPal
account as outlined under Restricted
Restricted Activities
Activities and
and
Holds
Holds.
Dispute
Dispute fees
fees
PayPal will charge a Dispute
Dispute fee
fee to sellers for facilitating
the online dispute resolution process for transactions that are
processed either through a buyer’s PayPal account or through
a PayPal Guest Checkout. The Dispute
Dispute fee
fee applies when the
buyer pursues a claim directly with PayPal, a chargeback with
their card issuer, or a reversal with their bank. The Dispute
Dispute
fee
fee will be charged at either the Standard
Standard Dispute
Dispute
fee
fee rate or the High
High Volume
Volume Dispute
Dispute fee
fee rate.
The Dispute
Dispute fee
fee will be charged in the currency which you
selected for the original transaction listing. If the transaction
was in a currency not listed in the Dispute
Dispute fee
fee table, then
the fee charged will be in your primary holding currency.
The Dispute
Dispute fee
fee will be deducted from your PayPal account
after the claim is decided.
The Dispute
Dispute fee
fee amount will be determined when the
dispute case is created. The fee is based on the ratio of all
Item Not Received and Significantly Not as Described claims
you receive compared to the total amount of your sales for
the previous three calendar months. Your total claims include
all Item Not Received and Significantly Not as Described
claims that are filed either directly with and escalated to
PayPal or with the buyer’s card issuer or bank. Your total
claims do not include claims for Unauthorized Transactions.
For example, for the month of September, your dispute ratio
will be calculated by considering your total claims to sales
ratio over June, July, and August. The claims ratio for
September will determine the dispute fee for all claims filed
in October. Your total claims include all claims filed directly
with and escalated to PayPal, except claims
for Unauthorized
Unauthorized Transactions
Transactions; and all chargebacks from
the buyer’s card issuer or reversals from the buyer’s bank.
If your dispute ratio is 1.5% or more and you had more than
100 sales transactions in the previous three full calendar
months, you will be charged the High
High Volume
Volume Dispute
Dispute
fee
fee for each dispute. Otherwise, you will be charged
the Standard
Standard Dispute
Dispute fee
fee for each dispute.
You will not
not be charged a Standard
Standard Dispute
Dispute fee
fee for
disputes that are:
Inquiries in PayPal’s Resolution
Resolution Center
Center that are not
escalated to a claim with PayPal.
Resolved directly between you and the buyer and not
escalated to a claim with PayPal.
Filed by the buyer directly with PayPal as
an Unauthorized
Unauthorized Transaction
Transaction.
Deemed by PayPal in its sole discretion to have met all the
requirements under PayPal’s
PayPal’s Seller
Seller Protection
Protection
program
program.
Claims with a transaction value that is less than twice the
amount of a Standard Dispute fee.
Decided in your favor by PayPal or your issuer.
Chargeback
Chargeback fees
fees
For transactions that are not processed either through a
buyer’s PayPal account or through a PayPal Guest Checkout,
and where the buyer pursues a chargeback for the transaction
with their card issuer, then PayPal will charge you
a Chargeback
Chargeback fee
fee for facilitating the chargeback process.
This fee with apply regardless of whether the buyer is
successful in pursuing the chargeback with the card issuer.
You will not receive a refund of the PayPal fees that you
paid in connection with the sale.
If the claim was that the item received was Significantly Not
as Described, you may not receive the item back, or you
may be required to accept the item back and pay for the
return shipping costs.
If the claim was that the item received was Significantly Not
as Described and related to an item you sold that is
counterfeit, you will be required to provide a full refund to
the buyer and you may not receive the item back.
PayPal’s
PayPal’s Seller
Seller Protection
Protection Program
Program
What’s
What’s eligible
eligible
If you sell a good or service to a buyer, you may be eligible for
PayPal’s Seller Protection program. When it applies, PayPal’s
Seller Protection program may result in you retaining the full
purchase amount. PayPal determines whether your claim is
eligible for PayPal’s Seller Protection program.
PayPal
PayPal Advertising
Advertising Program
Program
The PayPal Advertising Program enables you to promote
PayPal services, including PayPal’s consumer credit products,
through PayPal-hosted banners and buttons on your
websites or in your customer emails. PayPal may change the
content provided through this program at any time for any
reason, and PayPal may choose to discontinue the PayPal
Advertising Program at any time.
Only use the code for PayPal Copy PayPal content from
content as provided by other websites.
PayPal.
Restricted
Restricted Activities,
Activities, Holds,
Holds, and
and
Other
Other Actions
Actions We
We May
May Take
Take
Restricted
Restricted Activities
Activities
In connection with your use of our websites, your PayPal
account, the PayPal services, or in the course of your
interactions with PayPal, other PayPal customers, or third
parties, you must not:
Breach this user agreement, the PayPal Acceptable
Acceptable Use
Use
Policy
Policy, the Commercial
Commercial Entity
Entity Agreements
Agreements (if they
apply to you), the PayPal
PayPal Balance
Balance Terms
Terms and
and
Conditions
Conditions (if it applies to you), or any other
other
agreement
agreement between you and PayPal;
Violate any law, statute, ordinance, or regulation (for
example, those governing financial services, consumer
protections, unfair competition, anti-discrimination or false
advertising);
Infringe PayPal’s or any third party’s copyright, patent,
trademark, trade secret or other intellectual property
rights, or rights of publicity or privacy;
Sell counterfeit goods;
Act in a manner that is defamatory, trade libelous,
threatening or harassing;
Provide false, inaccurate or misleading information;
Send or receive what we reasonably believe to be
potentially fraudulent funds;
Refuse to cooperate in an investigation or provide
confirmation of your identity or any information you
provide to us;
Attempt to double dip during the course of a dispute by
receiving or attempting to receive funds from both PayPal
and the seller, bank or card issuer for the same transaction;
Control an account that is linked to another account that
has engaged in any of these restricted activities;
Conduct your business or use the PayPal services in a
manner that results in or may result in;
complaints;
requests by buyers (either filed with us or card issuers)
to invalidate payments made to you;
fees, fines, penalties or other liability or losses to
PayPal, other PayPal customers, third parties or you;
Actions
Actions We
We May
May Take
Take ifif You
You Engage
Engage
in
in Any
Any Restricted
Restricted Activities
Activities
If we believe that you’ve engaged in any of these activities,
we may take a number of actions to protect PayPal, its
customers and others at any time in our sole discretion. The
actions we may take include, but are not limited to, the
following:
Terminating this user agreement, limiting your PayPal
account (and any linked Balance Account), and/or closing or
suspending your PayPal account (and any linked Balance
Account), immediately and without penalty to us.
Refusing to provide the PayPal services to you in the future.
Limiting your access to our websites, software, systems
(including any networks and servers used to provide any of
the PayPal services) operated by us or on our behalf, your
PayPal account or any of the PayPal services, including
limiting your ability to pay or send money with any of the
payment methods linked to your PayPal account, restricting
your ability to send money or make withdrawals.
Holding the balance in your Balance Account, the balance in
your business account, or any money waiting to be claimed
through your personal account if you do not have a Balance
Account linked to your personal account, for up to 180 days
if reasonably needed to protect against the risk of liability
or if you have violated our Acceptable
Acceptable Use
Use Policy
Policy. The
hold may remain in place longer than 180 days according
to Court
Court Orders,
Orders, Regulatory
Regulatory Requirements,
Requirements, or
or
Other
Other Legal
Legal Processes
Processes.
Suspending your eligibility for PayPal’s Purchase Protection
program and/or PayPal’s Seller Protection program.
Holds,
Holds, Limitations,
Limitations, and
and Reserves
Reserves
What
What are
are holds,
holds, limitations,
limitations, and
and reserves
reserves
Under certain circumstances, in order to protect PayPal and
the security and integrity of the network of buyers and sellers
that use the PayPal services, PayPal may take account-level
or transaction-level actions. Unless otherwise noted, if we
take any of the actions described here, we’ll provide you with
notice of our actions, but we retain the sole discretion to take
these actions. To request information in connection with an
account limitation, hold or reserve, you should visit
the Resolution
Resolution Center
Center or follow the instructions in our
email notice with respect to the limitation, hold or reserve.
Account holds or limitations may impact your ability to move
funds to or from your PayPal Savings account.
Holds
Holds
A hold is an action that PayPal may take under certain
circumstances either at the transaction level or the account
level. When PayPal places a temporary hold on a payment,
the money is not available to either the sender or the
recipient. PayPal reviews many factors before placing a hold
on a payment, including: account tenure, transaction activity,
business type, past customer disputes, and overall customer
satisfaction. Some common situations where PayPal will hold
payments include:
New sellers or sellers who have limited selling activity.
Payments for higher-risk categories like electronics or
tickets.
Sellers who have performance issues, or a high rate of buyer
dissatisfaction or disputes.
Holds
Holds based
based on
on PayPal’s
PayPal’s risk
risk decisions
decisions
We may place a hold on payments sent to your PayPal
account if, in our sole discretion, we believe that there may
be a high level of risk associated with you, your PayPal
account, or your transactions or that placing such a hold is
necessary to comply with state or federal regulatory
requirements. We make decisions about whether to place a
payment hold based on a number of factors, including
information available to us from both internal sources and
third parties. When we place a hold on a payment, the funds
will appear in your PayPal account with an indication that
they are unavailable or pending. We’ll notify you, either
through your PayPal account or directly by phone or email,
whenever we place a hold.
Holds
Holds related
related to
to Marketplace
Marketplace transactions
transactions
Holds
Holds based
based on
on disputed
disputed transactions
transactions
Account
Account Limitations
Limitations
Limitations are implemented to help protect PayPal, buyers
and sellers when we notice restricted
restricted activities
activities, an
increased financial risk, or activity that appears to us as
unusual or suspicious. Limitations also help us collect
information necessary for keeping your PayPal account open.
Reserves
Reserves placed
placed on
on business
business accounts
accounts
We may place a reserve on your business account at any time
if we believe there may be a high level of risk associated with
you, your business account, your business model, or your
transactions. When we place a reserve on your
business account, it means that all or some portion of the
money in your business account is reserved as unavailable for
withdrawal in order to protect against the risk of transactions
made by you being reversed or invalidated or any other risk
related to your business account or use of the PayPal
services. We make decisions about whether to place a reserve
based on a number of factors, including information available
to us from both internal sources and from third parties.
Court
Court Orders,
Orders, Regulatory
Regulatory
Requirements,
Requirements, or
or Other
Other Legal
Legal
Processes
Processes
If we are notified of a court order or other legal process
(including garnishment or any equivalent process) affecting
you, or if we otherwise believe we are required to do so in
order to comply with applicable law or regulatory
requirements, we may be required to take certain actions,
including holding payments to/from your PayPal account,
placing a reserve or limitation on your PayPal account, or
releasing your funds. We will decide, in our sole discretion,
which action is required of us. Unless the court order,
applicable law, regulatory requirement or other legal process
requires otherwise, we will notify you of these actions. We do
not have an obligation to contest or appeal any court order or
legal process involving you or your PayPal account. When we
implement a hold, reserve or limitation as a result of a court
order, applicable law, regulatory requirement or other legal
process, the hold, reserve or limitation may remain in place
longer than 180 days.
Liability
Liability for
for Unauthorized
Unauthorized
Transactions
Transactions and
and Other
Other Errors
Errors
Protection
Protection from
from Unauthorized
Unauthorized
Transactions
Transactions
To protect yourself from unauthorized activity in your PayPal
account, you should regularly log into your PayPal account
and review your PayPal account statement. PayPal will notify
you of each transaction by sending an email to your primary
email address on file. You should review these transaction
notifications to ensure that each transaction was authorized
and accurately completed.
What
What is
is an
an Unauthorized
Unauthorized Transaction
Transaction
An “Unauthorized Transaction” occurs when money is sent
from your PayPal account that you did not authorize and that
did not benefit you. For example, if someone steals or
fraudulently obtains your password, uses the password to
access your PayPal account, and sends a payment from your
PayPal account, an Unauthorized Transaction has occurred.
What
What is
is not
not considered
considered an
an Unauthorized
Unauthorized
Transaction
Transaction
The following are NOT considered Unauthorized Transactions:
If you grant authority to someone to use your PayPal
account (by giving them your login information) and they
exceed the authority you gave them. You are responsible for
transactions made in this situation unless you have
previously notified PayPal that you no longer authorize
transfers by that individual.
Invalidation and reversal of a payment as a result of the
actions described under Refunds,
Refunds, Reversals
Reversals and
and
Chargebacks
Chargebacks.
Reporting
Reporting an
an Unauthorized
Unauthorized Transaction
Transaction
If you believe your PayPal login information has been lost or
stolen, please contact
contact PayPal
PayPal customer
customer
service
service immediately or call: (888) 221-1161 or write:
PayPal, Attn: Error Resolution Department, P.O. Box 45950,
Omaha, NE 68145-0950.
Tell us AT ONCE if you believe that an electronic fund transfer
has been made without your permission using your login
information or by other means. You could lose all the money
in your PayPal account. If you tell us within 60 days after we
provide you your PayPal account statement showing transfers
you did not make, you will be eligible for 100% protection for
Unauthorized Transactions.
Error
Error Resolution
Resolution
What
What is
is an
an Error
Error
An “Error” means the following:
When money is either incorrectly taken from your PayPal
account or incorrectly placed into your PayPal account, or
when a transaction is incorrectly recorded in your PayPal
account.
You send a payment and the incorrect amount is debited
from your PayPal account.
An incorrect amount is credited to your PayPal account.
A transaction is missing from or not properly identified in
your PayPal account statement.
We make a computational or mathematical error related to
your PayPal account.
You request receipt or periodic statement documents that
PayPal is required to provide to you.
You request information concerning preauthorized
(recurring) transfers to your PayPal account that PayPal is
required to provide to you.
You request additional information or clarification
concerning a transfer to or from your PayPal account,
including a request you make to determine whether an error
has occurred.
You inquire about the status of a pending transfer to or
from your PayPal account.
You request documentation or other information, unless
the request is for a duplicate copy for tax or other record-
keeping purposes.
What
What is
is not
not considered
considered an
an Error
Error
The following are NOT considered Errors:
If you give someone access to your PayPal account (by
giving them your login information) and they use your
PayPal account without your knowledge or permission. You
are responsible for transactions made in this situation.
Invalidation and reversal of a payment as a result of the
actions described under Refunds,
Refunds, Reversals
Reversals and
and
Chargebacks
Chargebacks.
Routine inquiries about the balance in your Balance Account
or business account, or any money waiting to be claimed
through your personal account if you do not have a Balance
Account linked to your personal account.
Requests for duplicate documentation or other information
for tax or other recordkeeping purposes.
In
In case
case of
of Errors
Errors or
or questions
questions about
about your
your
electronic
electronic transfers
transfers
Telephone us at (888) 221-1161, contact us through the
PayPal Resolution
Resolution Center
Center; or write us at PayPal, Attn:
Error Resolution Department, P.O. Box 45950, Omaha, NE
68145-0950.
Processing
Processing Errors
Errors
We will rectify any processing error that we discover. If the
error results in:
You receiving less than the correct amount to which you
were entitled, then we will credit your PayPal account for
the difference between what you should have received and
what you actually received.
You receiving more than the correct amount to which you
were entitled, then we will debit your PayPal account for
the difference between what you actually received and what
you should have received.
Our not completing a transaction on time or in the correct
amount, then we will be responsible to you for your losses
or damages directly caused by this failure, unless:
Remittance
Remittance Transfer
Transfer Errors
Errors
What
What is
is aa Remittance
Remittance Transfer
Transfer
You may be protected for certain errors when you send
money outside of the U.S. using a PayPal account. A
“Remittance Transfer” is a transaction that meets the
following criteria:
The payment is sent from a personal account that is used
primarily for personal, family or household purposes,
The payment is made for personal, family or household
purposes,
The payment is made using the Send Money feature
through your PayPal account,
The payment amount equals or exceeds $15 U.S. dollars
(excluding fees charged to you) or the foreign currency
equivalent calculated using exchange rates in effect at the
time of the transaction, and
The recipient received the payment in a PayPal account
outside of the U.S.
What
What qualifies
qualifies as
as aa Remittance
Remittance Transfer
Transfer Error
Error
A “Remittance
“Remittance Transfer
Transfer Error
Error”” occurs if:
You paid an incorrect amount to send the Remittance
Transfer. For example, you were charged more than the
total shown on the remittance transfer receipt you received
(unless the total shown on the receipt was an estimate, and
the difference results from application of the actual
exchange rate, fees, and taxes).
PayPal made a computational or bookkeeping error, such as
a miscalculation of the amount the recipient received.
The amount stated in the remittance transfer receipt was
not made available to the recipient, unless:
What
What is
is not
not considered
considered aa Remittance
Remittance Transfer
Transfer
Error
Error
The following are NOT considered Remittance Transfer Errors:
An inquiry about the status of a Remittance Transfer,
except where the funds from the transfer were not made
available to a designated recipient by the disclosed date of
availability,
A request for information for tax or other recordkeeping
purposes,
A change requested by the designated recipient, or
A change in the amount or type of currency received by the
designated recipient from the amount or type of currency
stated in the disclosure provided you, if we relied on
information provided by you in making the disclosure.
What
What to
to do
do if
if you
you think
think there
there has
has been
been aa
Remittance
Remittance Transfer
Transfer Error
Error or
or problem
problem
If you think there has been a Remittance Transfer Error or
problem with your Remittance Transfer:
Call us at: (888) 221-1161.
Write us at: PayPal, Attn: Error Resolution Department,
P.O. Box 45950, Omaha, NE 68145-0950.
Log in to your PayPal account at [Link] and go to
the Resolution
Resolution Center
Center and dispute a transaction.
Other
Other Legal
Legal Terms
Terms
Communications
Communications Between
Between You
You and
and
Us
Us
If you provide us your mobile phone number, you agree that
PayPal and its affiliates may contact you at that number
using autodialed or prerecorded message calls or text
messages to: (i) service your PayPal branded accounts, (ii)
investigate or prevent fraud, or (iii) collect a debt. We will
not use autodialed or prerecorded message calls or texts to
contact you for marketing purposes unless we receive your
prior express written consent. We may share your mobile
phone number with service providers with whom we contract
to assist us with the activities listed above, but we will not
share your mobile phone number with third parties for their
own purposes without your consent. You do not have to agree
to receive autodialed or prerecorded message calls or texts to
your mobile phone number in order to use and enjoy the
products and services offered by PayPal. You can decline to
receive autodialed or prerecorded message calls or texts to
your mobile phone number by updating your preferences in
your PayPal account settings at [Link]
[Link], by
contacting customer
customer support
support, by calling us at 1-844-629-
9108, or by replying STOP to a message. The frequency of
messages may vary, and standard telephone minute and text
charges may apply. Neither we nor your phone carriers are
liable for delayed or undelivered messages.
PayPal’s
PayPal’s Rights
Rights
PayPal
PayPal suspension
suspension and
and termination
termination rights
rights
PayPal, in its sole discretion, reserves the right to suspend or
terminate this user agreement, access to or use of its
websites, software, systems (including any networks and
servers used to provide any of the PayPal services) operated
by us or on our behalf or some or all of the PayPal services for
any reason and at any time upon notice to you and, upon
termination of this user agreement, the payment to you of
any unrestricted funds held in your PayPal account.
Security
Security interest
interest
As security for the performance of your obligations under this
user agreement, you grant to PayPal a lien on, and security
interest in and to, funds held in your PayPal account.
Amounts
Amounts owed
owed to
to PayPal
PayPal
If the balance in your PayPal account becomes negative for
any reason, that negative balance represents an amount that
you owe to PayPal. PayPal may deduct these amounts from
funds that are added to your PayPal account later, either by
you or from payments you receive. If you have more than one
PayPal account, we may set off a negative balance in one
PayPal account against a balance in your other PayPal
account(s), including a Balance Account. If you continue using
your PayPal account when it has a negative balance, you
authorize PayPal to combine the negative balance with any
debit or transaction sent from your account when that
combination is disclosed to you in advance of initiating the
debit or transaction.
Insolvency
Insolvency proceedings
proceedings
If any proceeding by or against you is commenced under any
provision of the United States Bankruptcy Code, as amended,
or under any other bankruptcy or insolvency law, we’ll be
entitled to recover all reasonable costs or expenses (including
reasonable legal fees and expenses) incurred in connection
with the enforcement of this user agreement.
Assumption
Assumption of
of rights
rights
If PayPal invalidates and reverses a payment that you made
to a recipient (either at your initiative or otherwise), you
agree that PayPal assumes your rights against the recipient
and third parties related to the payment, and may pursue
those rights directly or on your behalf, in PayPal’s discretion.
No
No waiver
waiver
Our failure to act with respect to a breach of any of your
obligations under this user agreement by you or others does
not waive our right to act with respect to subsequent or
similar breaches.
Indemnification
Indemnification and
and Limitation
Limitation of
of
Liability
Liability
In this section, we use the term “PayPal” to refer to PayPal,
Inc., our parent PayPal Holdings, Inc., and our affiliates, and
each of their respective directors, officers, employees, agents,
joint venturers, service providers and suppliers. Our affiliates
include each entity that we control, we are controlled by or
we are under common control with.
Indemnification
Indemnification
You
You must
must indemnify
indemnify PayPal
PayPal for
for actions
actions related
related to
to
your
your PayPal
PayPal account
account and
and your
your use
use of
of the
the PayPal
PayPal
services.
services. You agree to defend, indemnify and hold PayPal
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 this user agreement, your
improper use of the PayPal 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
PayPal account or access our websites, software, systems
(including any networks and servers used to provide any of
the PayPal services) operated by us or on our behalf, or any
of the PayPal services on your behalf.
Limitation
Limitation of
of liability
liability
PayPal’s
PayPal’s liability
liability is
is limited
limited with
with respect
respect to
to your
your
PayPal
PayPal account
account and
and your
your use
use of
of the
the PayPal
PayPal
services.
services. In no event shall PayPal 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 our websites,
software, systems (including any networks and servers used
to provide any of the PayPal services) operated by us or on
our behalf, any of the PayPal services, or this user agreement
(however arising, including negligence), unless and to the
extent prohibited by law.
Disclaimer
Disclaimer of
of Warranty
Warranty and
and Release
Release
No
No warranty
warranty
The
The PayPal
PayPal services
services are
are provided
provided “as-is”
“as-is” and
and without
without
any
any representation
representation or
or warranty,
warranty, whether
whether express,
express,
implied
implied or
or statutory.
statutory. PayPal
PayPal specifically
specifically disclaims
disclaims
any
any implied
implied warranties
warranties of
of title,
title, merchantability,
merchantability,
fitness
fitness for
for aa particular
particular purpose
purpose and
and non-
non-
infringement.
infringement.
Release
Release of
of PayPal
PayPal
If you have a dispute with any other PayPal account holder,
you release PayPal from any and all claims, demands and
damages (actual and consequential) of every kind and nature,
known and unknown, arising out of or in any way connected
with such disputes. In entering into this release you expressly
waive any protections (whether statutory or otherwise, for
example, California Civil Code § 1542) that would otherwise
limit the coverage of this release to include only those claims
which you may know or suspect to exist in your favor at the
time of agreeing to this release.
Agreement
Agreement to
to Arbitrate
Arbitrate
You and PayPal agree that any claim or dispute at law or
equity that has arisen or may arise between you and us will
be resolved in accordance with the Agreement to Arbitrate
provisions set forth below. Please read this information
carefully. Among other things it:
Affects your and our rights and will impact how claims
between you and us are resolved, including your and our
agreement to waive the right to trial by jury.
Includes a Prohibition of Class and Representative Actions
and Non-Individualized Relief pursuant to which you agree
to waive your right to participate in a class action lawsuit
against us.
Requires you to follow the Opt-Out Procedure to opt-out
of the Agreement to Arbitrate by mailing us a written
notice that must be postmarked no later than 30 days after
the date you accept this user agreement for the first time.
Agreement to Arbitrate
Our
Our Agreement
Agreement You and PayPal each agree
that any and all disputes or
claims that have arisen or
may arise between you and
PayPal, including without
limitation federal and state
statutory claims, common law
claims, and those based in
contract, tort, fraud,
misrepresentation or any
other legal theory, shall be
resolved exclusively through
final and binding arbitration
or in small claims court. You
or PayPal may assert claims in
small claims court instead of
in arbitration if the claims
qualify and so long as the
matter remains in small
claims court and advances
only on an individual (non-
class, non-representative)
basis. This Agreement to
Arbitrate is intended to be
broadly interpreted. The
Federal Arbitration Act
governs the interpretation
and enforcement of this
Agreement to Arbitrate.
Notices
Notices of
of Disputes
Disputes Before bringing any dispute or
claim, you or PayPal must
first send the other party, by
certified mail, a
completed Notice
Notice ofof
Dispute
Dispute. You should send
this notice to PayPal at:
PayPal, Inc., Attn: Legal
Specialists, Re: Notice of
Dispute, P.O. Box 45950,
Omaha, NE 68145-0950.
PayPal will send any notice to
you to the address we have
on file associated with your
PayPal account; it is your
responsibility to keep your
address up to date. To be
valid, the Notice of Dispute
must contain all information
called for in the Notice of
Dispute form, including but
not limited to: your or
PayPal’s signature, the email
address and phone number
associated with the
customer’s PayPal account, a
description of the nature and
basis of the claims that are
being asserted, a statement
of the specific relief sought,
and any relevant documents
and supporting information
reasonably available to the
claiming party.
Costs
Costs of
of Arbitration
Arbitration Payment of all AAA or
arbitrator fees will be
governed by the AAA’s rules,
unless otherwise stated in
this Agreement to Arbitrate.
If the value of the relief
sought is $10,000 or less, at
your request, PayPal will pay
all AAA or arbitrator fees
associated with the
arbitration. Any request for
payment of fees by PayPal
should be submitted by mail
to the AAA along with your
Demand for Arbitration and
PayPal will make
arrangements to pay all
necessary fees directly to the
AAA. If the value of the relief
sought is more than $10,000
and you are able to
demonstrate that the costs of
accessing arbitration will be
prohibitive as compared to
the costs of accessing a court
for purposes of pursuing
litigation on an individual
basis, PayPal will pay as much
of the AAA or arbitrator fees
as the arbitrator deems
necessary to prevent the cost
of accessing the arbitration
from being prohibitive. In the
event the arbitrator
determines that either the
substance of your or PayPal’s
claim or the relief sought was
frivolous or brought for an
improper purpose, then you
or PayPal may seek to recover
from you or PayPal any fees it
paid, including attorneys’
fees, to the extent permitted
by the AAA’s rules and
applicable law.
Severability
Severability With the exception of any of
the provisions in
the Prohibition
Prohibition of
of Class
Class
and
and Representative
Representative
Actions
Actions and
and Non-
Non-
Individualized
Individualized
Relief
Relief section above, if a
court decides that any part of
this Agreement to Arbitrate is
invalid or unenforceable, the
other parts of this Agreement
to Arbitrate shall still apply. If
a court decides that any of
the provisions in
the Prohibition
Prohibition of
of Class
Class
and
and Representative
Representative
Actions
Actions and
and Non-
Non-
Individualized
Individualized
Relief
Relief section above is
invalid or unenforceable
because it would prevent the
exercise of a non-waivable
right to pursue public
injunctive relief, then any
dispute regarding the
entitlement to such relief
(and only that relief) must be
severed from arbitration and
may be litigated in court. All
other disputes subject to
arbitration under the terms of
the Agreement to Arbitrate
shall be arbitrated under its
terms.
Intellectual
Intellectual Property
Property
PayPal’s
PayPal’s trademarks
trademarks
"[Link]," "PayPal," and all logos related to the PayPal
services are either trademarks or registered trademarks of
PayPal or PayPal’s licensors. You may not copy, imitate,
modify or use them without PayPal’s prior written consent. In
addition, all page headers, custom graphics, button icons, and
scripts are service marks, trademarks, and/or trade dress of
PayPal. You may not copy, imitate, modify or use them
without our prior written consent. You may use HTML logos
provided by PayPal for the purpose of directing web traffic to
the PayPal services. You may not alter, modify or change
these HTML logos in any way, use them in a manner that
mischaracterizes PayPal or the PayPal services or display
them in any manner that implies PayPal’s sponsorship or
endorsement. All right, title and interest in and to the PayPal
websites, any content thereon, the PayPal services, the
technology related to the PayPal services, and any and all
technology and any content created or derived from any of
the foregoing is the exclusive property of PayPal and its
licensors.
License
License grants,
grants, generally
generally
If you are using PayPal software such as an API, developer’s
toolkit or other software application, which may include
software provided by or integrated with software, systems or
services of our service providers, that you have downloaded
or otherwise accessed through a web or mobile platform, then
PayPal grants you a revocable, non-exclusive, non-
sublicensable, non-transferable, royalty-free limited license
to access and/or use PayPal’s software in accordance with the
documentation accompanying such software. This license
grant applies to the software and all updates, upgrades, new
versions and replacement software. You may not rent, lease
or otherwise transfer your rights in the software to a third
party. You must comply with the implementation, access and
use requirements contained in all documentation
accompanying the PayPal services. If you do not comply with
implementation, access and use requirements you will be
liable for all resulting damages suffered by you, PayPal and
third parties. PayPal may update or discontinue any software
upon notice to you. While PayPal may have (1) integrated
certain third-party materials and technology into any web or
other application, including its software, and/or (2) accessed
and used certain third-party materials and technology to
facilitate providing you with the PayPal Services, you have
not been granted and do not otherwise retain any rights in or
to any such third-party materials. You agree not to modify,
alter, tamper with, repair, copy, reproduce, adapt, distribute,
display, publish, reverse engineer, translate, disassemble,
decompile or otherwise attempt to create any source code
that is derived from the software or any third-party
materials or technology, or otherwise create any derivative
works from any of the software or third-party materials or
technology. You acknowledge that all rights, title and interest
to PayPal’s software are owned by PayPal and any third-party
materials integrated therein are owned by PayPal’s third-
party service providers. Any other third-party software
application you use on the PayPal websites is subject to the
license you agreed to with the third party that provides you
with this software. You acknowledge that PayPal does not
own, control nor have any responsibility or liability for any
such third-party software application you elect to use on any
of our websites, software and/or in connection with the
PayPal services.
License
License grant
grant from
from you
you to
to PayPal;
PayPal; intellectual
intellectual
property
property warranties
warranties
PayPal does not claim ownership of the content that you
provide, upload, submit or send to PayPal. Nor does PayPal
claim ownership of the content you host on third-party
websites or applications that use PayPal services to provide
payments services related to your content. Subject to
the next
next paragraph
paragraph, when you provide content to PayPal or
post content using PayPal services, you grant PayPal (and
parties that we work with) a non-exclusive, irrevocable,
royalty-free, transferable, and worldwide license to use your
content and associated intellectual property and publicity
rights to help us improve, operate and promote our current
services and develop new ones. PayPal will not compensate
you for any of your content. You acknowledge that PayPal’s
use of your content will not infringe any intellectual property
or publicity rights. Further, you acknowledge and warrant
that you own or otherwise control all of the rights of the
content you provide, and you agree to waive your moral
rights and promise not to assert such rights against PayPal.
License
License grant
grant from
from sellers
sellers to
to PayPal
PayPal
Notwithstanding the provisions of the prior
prior paragraph
paragraph, if
you are a seller using the PayPal services to accept payments
for goods and services, you hereby grant PayPal and its
affiliates a worldwide, non-exclusive, transferable,
sublicensable (through multiple tiers), and royalty-free, fully
paid-up, right to use and display publicly, during the term of
this user agreement, your trademark(s) (including but not
limited to registered and unregistered trademarks, trade
names, service marks, logos, domain names and other
designations owned, licensed to or used by you) for the
purpose of (1) identifying you as a merchant that accepts a
PayPal service as a payment form, and (2) any other use to
which you specifically consent.
Miscellaneous
Miscellaneous
Assignment
Assignment
You may not transfer or assign any rights or obligations you
have under this user agreement without PayPal’s prior
written consent. PayPal may transfer or assign this user
agreement or any right or obligation under this user
agreement at any time.
Business
Business Days
Days
“Business Day(s)” means Monday through Friday, excluding
holidays when PayPal’s offices are not considered open for
business in the U.S. Holidays include New Year’s Day (January
1), Martin Luther King, Jr.’s Birthday (the third Monday in
January), George Washington’s Birthday (the third Monday in
February), Memorial Day (the last Monday in May),
Independence Day (July 4), Labor Day (the first Monday in
September), Columbus Day (the second Monday in October),
Veterans Day (November 11), Thanksgiving Day (the fourth
Thursday in November) and Christmas Day (December 25). If
a holiday falls on a Saturday, PayPal observes the holiday on
the prior Friday. If the holiday falls on a Sunday, PayPal
observes the holiday on the following Monday.
Consumer
Consumer fraud
fraud warning
warning
We’re always looking for ways to help keep you even more
secure. So stay on the lookout for some of these common
scams:
Phishing: a scammer sends forged or faked electronic
documents or emails falsely claiming to be PayPal or coming
from PayPal but asks you to send money outside your
PayPal account.
Relative in Need: a scammer impersonates a family member
(commonly grandchildren) and claims there is an emergency
requiring you to send money.
Lottery or Prize: a scammer informs you that you’ve won a
lottery or prize and must send money in order to claim it.
Debt Collection: a scammer impersonates a debt collector
and induces you to send money using threats or
intimidation.
Employment Related: a scammer instructs you to send
money in connection with a fraudulent offer of
employment.
Dormant
Dormant accounts
accounts
If you do not log in to your PayPal account for two or more
years, PayPal may close your PayPal account and send any
funds in the PayPal account, including any balance in a linked
Balance Account to your primary address (if we have verified
the required
required identifying
identifying information
information that you have
provided to us) or, if required, escheat (send) those funds to
your state of residency. PayPal will determine your state of
residency based on the state listed in the primary address for
your PayPal account. If your address is unknown or registered
in a foreign country, the funds in your PayPal account,
including any balance in a linked Balance Account will be
escheated to the State of Delaware. Where required, PayPal
will send you a notice prior to escheating any funds in your
PayPal account, including any balance in a linked Balance
Account. If you fail to respond to this notice, the funds in
your PayPal account, including any balance in a linked Balance
Account will be escheated to the applicable state. If you
would like to claim any escheated funds from the applicable
state, please contact the applicable state’s unclaimed
property administrator.
Governing
Governing law
law
You agree that, except to the extent inconsistent with or
preempted by federal law and except as otherwise stated in
this user agreement, the laws of the State of Delaware,
without regard to principles of conflict of laws, will govern
this user agreement and any claim or dispute that has arisen
or may arise between you and PayPal.
Identity
Identity authentication
authentication
You authorize PayPal, directly or through third parties, to
make any inquiries we consider necessary to verify your
identity. This may include:
asking you for further information, such as your date of
birth, a taxpayer identification number, your physical
address and other information that will allow us to
reasonably identify you;
requiring you to take steps to confirm ownership of your
email address or financial instruments;
ordering a credit report from a credit reporting agency, or
verifying your information against third-party databases or
through other sources; or
requiring you to provide your driver’s license or other
identifying documents.
PayPal
PayPal is
is only
only aa payment
payment service
service provider
provider
Assessment
Assessment of
of your
your website
website
If you integrate or otherwise reference PayPal services on
your website, PayPal may use automated technologies (e.g.,
website crawling) to assess your website and collect any
publicly accessible or available data to ensure compliance
with this agreement and to combat malicious or fraudulent
activity.
Privacy
Privacy
Protecting your privacy is very important to us. Please review
our Privacy
Privacy Statement
Statement in order to better understand our
commitment to maintaining your privacy, as well as our use
and disclosure of your information.
State
State disclosures
disclosures
In addition to reporting complaints against PayPal directly to
PayPal as described above, if you are a California resident,
you may report complaints to the Department of Financial
Protection & Innovation by mail at Department of Financial
Protection & Innovation, Attn: Consumer Services, 1515 K
Street, Suite 200, Sacramento, CA 95814 or online through
its website at [Link]
[Link]
complaint/.
The Department of Financial Protection & Innovation offers
assistance with its complaint form by phone at 866-275-
2677. If you are a California resident, you have a right to
receive communications about your PayPal account and the
PayPal services by email. To make such a request, send a
letter to PayPal to: PayPal, Inc., Attention: Legal
Department, 2211 North First Street, San Jose, California
95131), include your email address, and your request for that
information by email.
Florida residents may contact the Florida Department of
Financial Services in writing at 200 East Gaines Street,
Tallahassee, Florida, 32399, or by telephone at 1-800-342-
2762.
Translation
Translation of
of agreement
agreement
Any translation of this user agreement is provided solely for
your convenience and is not intended to modify the terms of
this user agreement. In the event of a conflict between the
English version of this user agreement and a version in a
language other than English, the English version shall control.
Unlawful
Unlawful internet
internet gambling
gambling notice
notice
Restricted transactions as defined in Federal Reserve
Regulation GG are prohibited from being processed through
your PayPal account or your relationship with PayPal.
Restricted transactions generally include, but are not limited
to, transactions in which credit, electronic fund transfers,
checks, or drafts are knowingly accepted by gambling
businesses in connection with unlawful Internet gambling.
Your
Your use
use (as
(as aa seller)
seller) of
of personal
personal data;
data; Data
Data
protection
protection laws
laws