Payments Terms of Service 

Last Updated: February 14, 2024


These Payments Terms of Service (“Payments Terms”) are a binding legal agreement between you and Gridspot that govern the Payment Services (defined below) conducted through or in connection with the Gridspot Platform. When these Payments Terms mention “Gridspot,” “we,” “us,” or “our,” it refers to the Gridspot company you are contracting with for Payment Services.

Gridspot provides payment services to Members publishing, offering and booking electric vehicle chargers. These payment services are provided for the benefit of Hosts and may include (if available) the following (collectively, “Payment Services”):

Collecting payments from Guests (“Payin”), by charging the payment method associated with their Gridspot account, such as credit card, debit card, bank account or PayPal account, digital wallet or installments product provided by a credit provider (“Payment Method”);

Effecting payments to Hosts (“Payout”) to a financial instrument associated with their Gridspot account, such as a PayPal account, bank account, a prepaid card, or a debit card (“Payout Method”);

Effecting payments to a third-party Payout Method designated by a Host;

Collection and payment of charitable donations;

Other payment related services in connection with Host Services.

In order to use the Payment Services, you must be at least 18 years old, must have an Gridspot account in good standing in accordance with the Gridspot Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete. You also agree to the terms of service of the third-party payment processor, Stripe, outlined below our Terms in this document.

Payment Services will be provided by the contracting entity based on your country of residence subject to any exceptions described below:

COUNTRY OF RESIDENCE
CONTRACTING ENTITY
All countries
Gridspot, Inc.

If you change your country of residence, the Gridspot company you contract with and the applicable version of the Payment Terms will be determined by your new country of residence from the date on which your country of residence changes. Please note, however, that the Gridspot company with whom you contract will stay the same for all bookings made prior to your change of residence.

The Terms separately govern your use of the Gridspot Platform. Capitalized terms not defined in these Payments Terms have the meaning ascribed to them in the Terms.

Table of Contents

Your use of the Payment Services
Guest Terms
Host Terms
Appointment of Gridspot as Limited Payment Collection Agent
General Terms
Damage Claims and Damage Amounts
Abandoned Property
Prohibited Activities
Force Majeure
Disclaimers
Liability
Indemnification
Modification, Term, Termination, and other Measures
Governing Law and Dispute Resolution
United States Arbitration Agreement
Miscellaneous
Additional Clauses for Users Contracting with Gridspot UK
Additional Clauses for Users Contracting with Gridspot Brazil
Additional Clauses for Users that are Businesses

Contacting Gridspot

1. Your use of the Payment Services
1.1 Gridspot Payment Services. By using the Payments Services, you agree to comply with these Payments Terms. Gridspot may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Gridspot may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Gridspot will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Gridspot is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Gridspot of those Third-Party Services.
1.3 Your Gridspot Account. Gridspot may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Gridspot account. You may authorize a third party to use your Gridspot account if the feature is enabled for your Gridspot account. You acknowledge and agree that anyone you authorize to use your Gridspot account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Identification and Verification. You authorize Gridspot, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide, and if applicable, verifying the identity of the representative(s) and beneficial owner(s). This may include (i) screening you and, if applicable, your representative(s) and beneficial owner(s) against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you and, if applicable, your representative(s) and beneficial owner(s) to provide a form of government identification (e.g., driver’s license or passport) to check your name, place and date of birth, your address, nationality and/or other information which we deem necessary under applicable laws; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Gridspot reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.


2. Guest Terms
2.1 Adding a Payment Method. When you add a Payment Method to your Gridspot account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Gridspot or its third-party payment processor(s). You authorize Gridspot and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method, Gridspot may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Gridspot account so it can be used for a future transaction. You may not remove the Payment Method associated with a reservation during the period commencing from the date of your booking and ending fourteen (14) days following your check-out date, nor during any additional period of time needed to resolve any outstanding Damage Claim associated with such booking. When you add or use your bank account as a Payment Method (as available in the US), your bank account must be able to accept debits denominated in USD.
2.3 Payment Authorization. You allow Gridspot to charge your Payment Method (including charging more than one Payment Method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Gridspot account, including Damage Claim amounts in accordance with the Terms and with Section 6. When you pay using your bank account, you authorize Gridspot to debit your bank account according to the payment schedule shown at checkout. You also authorize Gridspot to further debit or credit your bank account to correct any erroneous debit, make necessary adjustments to your payment, or to issue a refund back to your bank account.
2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment. Gridspot generally charges the Total Price due after the Host accepts your booking request. Gridspot may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Gridspot Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Gridspot is unable to collect the Total Price due, as scheduled, Gridspot will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
2.6 Currency.  
2.6.1 The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, and/or your Gridspot contracting entity(ies). Any such limitations will be communicated via the Gridspot Platform, and you will be prompted to select a different currency or Payment Method if your preferred currency is not available.
2.6.2 Note that if the country in which your Gridspot contracting entity is located is different than the country of your Payment Method provider, or your selected currency is different than your Payment Method's billing currency, your payment may be processed outside of your country of residence. As a result, your Payment Method provider may impose certain fees and the amount listed on your Payment Method statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method's billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. Gridspot is not responsible for any such fees and disclaims all liability in this regard. Please contact your Payment Method provider if you have any questions about these fees or any exchange rate imposed by your Payment Method provider.
2.7 Booking Request Status. If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or Gridspot cancels the booking, any amounts collected by Gridspot and due to you pursuant to the policies described in Section 5.5, will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable) in accordance with Section 5.5.2
2.8 Payment Restrictions. Gridspot reserves the right to decline or limit payments that we believe (i) may violate Gridspot’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Gridspot, Gridspot, or others to risks unacceptable to Gridspot.
2.9 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Gridspot is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
2.10 Your Payment Method, Your Responsibility. Gridspot is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.


3. Host Terms
3.1 Payment Collection. Gridspot generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise.
3.2 Valid Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your Gridspot account. When you add a Payout Method to your Gridspot account, you will be asked to provide information such as name, government identification, tax ID, billing address, and financial instrument information either to Gridspot or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information Gridspot requires for a valid Payout Method may change, and Gridspot may request additional information at any time; failing to provide requested information may result in Gridspot temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize Gridspot to collect and store your Payout Method information in accordance with Gridspot’s Privacy Policy. Gridspot may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout
3.3.1 Subject to and conditional upon successful receipt of the payments from Guest, Gridspot will generally allocate the amount collected into your account balance 24 hours after the Guest’s booking is completed. Valid withdrawal requests will generally be completed to the host’s selected Payout Method within 14 business days.
3.3.2 Gridspot may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. The time it takes to receive Payouts once released by Gridspot may depend upon the Payout Method you select.
3.4 Payout. Your Payout for a booking will be the Total Price less applicable fees like Gridspot service fees and applicable taxes, and any amounts you agree to allocate to any co-host, or the owner(s) of an Charger, a homeowners’ association, and/or their agent (such as a building operator or property management company). In the event of cancellation of a confirmed booking, Gridspot will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. Gridspot may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, Gridspot may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Payout Currency. Gridspot will remit your Payouts in the currency you select via the Gridspot Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your Gridspot contracting entity(ies). Any such limitations will be communicated via the Gridspot Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and Gridspot is not responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts. For compliance or operational reasons, Gridspot may limit the amount of a Payout. If you are due an amount above that limit, Gridspot may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.8 Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Gridspot is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use from such third-party payment service providers. Please review them before using your Payout Method.
3.9 Handling of Funds. Gridspot may combine amounts that it collects from Guests and invest them as permitted under applicable laws. Gridspot will retain any interest it earns on those investments.
3.10 Your Payout Method, Your Responsibility. Gridspot is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.


4. Appointment of Gridspot as Limited Payment Collection Agent
4.1 Each Host, hereby appoints Gridspot as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.
4.2 Each Host, agrees that payment made by a Guest through Gridspot, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that Gridspot may refund the Guest in accordance with the Terms. Each Host understands that Gridspot’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. Gridspot guarantees payments to Host(s) only for such amounts that have been successfully received by Gridspot from Guests in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, Gridspot assumes no liability for any acts or omissions of the Host.
4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that Gridspot is not a party to the agreement between you and the Host(s), including each Host Team member, Gridspot acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to Gridspot, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and Gridspot is responsible for remitting the funds successfully received by Gridspot to the Host(s) in the manner described in these Payments Terms. In the event that Gridspot does not complete the provision of the Payment Services and remit any such amounts, the Host(s) will have recourse only against Gridspot and not the Guest directly for the failure on the provision of the Payment Services.


5. General Terms
5.1 Fees. Gridspot may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Gridspot Platform.
5.2 Payment Authorizations. You authorize Gridspot to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging or debiting the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your Gridspot account (unless you have previously removed the authorization to charge or debit such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Gridspot to collect from you:
Any amount due to Gridspot (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Host or user of the Gridspot Platform), including reimbursement for costs prepaid by Gridspot or Gridspot on your behalf. Any funds collected by Gridspot will deduct the amount owed by you to Gridspot or Gridspot and extinguish your obligation to Gridspot or Gridspot.
Any amount due to a Host from a Guest which Gridspot collects as the Host’s payment collection agent as further set out in Section 4 above.
Taxes, where applicable and as set out in the Terms.
Any amount you pay through the Resolution Center in connection with your Gridspot account.
Any Damage Claim amounts owed to Gridspot or Gridspot in accordance with the Terms and Section 


6. Overstay penalties payable under the Terms, including any cost and expenses incurred in collecting the overstay penalty.
Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if, as a Host, you cancel a confirmed booking).
Any amounts already paid to you as a Host despite a Guest canceling a confirmed booking or Gridspot deciding that it is necessary to cancel a booking in accordance with the Terms, Rebooking and Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy. You agree that in the event you have already been paid, Gridspot will be entitled to recover the amount of any such guest refund from you, including by subtracting such refund amount out from any future Payouts due to you.
If you owe an amount at any time after a booking, such as with Booking Modifications, resolution center payments, or Damage Claims (“Additional Amounts”), you authorize Gridspot to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. Gridspot will notify you in writing before any Additional Amounts are charged.
If your Payment Method associated with the relevant booking is determined to be expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts. You authorize Gridspot to charge or debit the Payment Method related to your booking again or use any other Payment Method on file associated with your Gridspot account, if available, to collect such Additional Amounts. Your bank may charge you an overdraft or other fees for each payment failure. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you.
If Gridspot has reason to believe that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and Gridspot released the payout for such stay, Gridspot may recoup from you such amount by reducing, deducting or debiting the amount from any future Payouts owed to you.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Gridspot collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.3 Collections
5.3.1 If Gridspot is unable to collect any amounts you owe under the Terms and these Payments Terms, Gridspot may engage in collection efforts to recover such amounts from you.
5.3.2 Gridspot will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after Gridspot first attempts to charge or debit your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s Gridspot account or the associated services have been provided, whichever is later.
5.3.3 Gridspot will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges or debits, after Gridspot first attempts to charge or debit your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s Gridspot account or the associated services have been provided, whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Gridspot and/or Gridspot by you. Such communications may be made by Gridspot, Gridspot, or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1 Gridspot will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Gridspot or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, deducting and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to Gridspot.
5.5 Refunds
5.5.1 Any refunds or credits due to a Member pursuant to the Terms, Extenuating Circumstances Policy, and Rebooking and Refund Policy will be initiated and remitted by Gridspot in accordance with these Payments Terms.
5.5.2 Subject to this Section 5.5.2, Gridspot will initiate the refund process immediately. In case of a cancellation by Host, Gridspot will hold the funds for up to 72 hours until the Guest is either refunded or the Guest directs Gridspot to use the funds to rebook with another Host. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the Gridspot Platform. The time it takes to receive any cash refund or for any pre-authorization of your Payment Method to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Gridspot will initiate and process the refund as soon as is practicable.
6. Damage Claims and Damage Amounts
6.1 If you are responsible for Damage Claim amounts, pursuant to Section 15 of the Terms, Gridspot via Gridspot may charge the Payment Method used to make the booking or any other payment method on file in your Gridspot account at the time of the Damage Claim or reasonably thereafter in order to collect Damage Claim amounts, up to a maximum amount as defined in Section 15 of the Terms. To facilitate this charge, when you book a Listing, you are agreeing that Gridspot via Gridspot may charge the Payment Method used to book the Listing in order to collect Damage Claim amounts.
6.2 You agree that Gridspot may seek to recover from you under any insurance policies you maintain and that Gridspot may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to a Damage Claim, or payment requests made by Hosts under the Host Damage Protection.


7. Abandoned Property
If Gridspot holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.


8. Prohibited Activities
8.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations;
breach or circumvent any agreements with third parties, third-party rights, or the Terms, Additional Legal Terms, Policies, or Standards;
use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
register or use any Payment Method or Payout Method with your Gridspot account that is not yours or you do not have authorization to use;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Gridspot or any of Gridspot’ providers or any other third party to protect the Payment Services;
take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
8.2 We are required to act in accordance with our internal policies and the laws of various jurisdictions relating to the prevention of money laundering and the implementation of sanctions including: (i) economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the U.S. government, including those administered by the Office of Foreign Asset Control or the U.S. Department of State; or (ii) by the United Nations Security Council, the European Union or His Majesty's Treasury of the United Kingdom. You will comply with any relevant financial sanctions and any relevant export control laws applicable to you and to your local jurisdiction.


9. Force Majeure
Gridspot shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from abnormal or unforeseeable circumstances outside the reasonable control of Gridspot or Gridspot, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).


10. Disclaimers
10.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
10.2 Notwithstanding Gridspot’ appointment as the limited payment collection agent of Hosts pursuant to Section 4, Gridspot explicitly disclaims all liability for any act or omission of any Member or other third party. Gridspot does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
10.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
10.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.


11. Liability
11.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Gridspot account in any way, you are responsible for the actions taken by that person. Neither Gridspot nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Gridspot has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Payments Terms or an approved payment request under the Host Damage Protection, in no event will Gridspot’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the Gridspot Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Gridspot to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Gridspot and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Gridspot’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.


12. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at Gridspot’ option), indemnify, and hold Gridspot and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.


13. Modification, Term, Termination, and other Measures
13.1 Modification. Except as otherwise required by applicable law, Gridspot may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the Gridspot Platform and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
13.2 Term. This agreement between you and Gridspot reflected by these Payment Terms is effective when you create an Gridspot account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.
13.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your Gridspot account. Terminating this agreement will also serve as notice to cancel your Gridspot account pursuant to the Terms. Without limiting our rights specified below, Gridspot may terminate this agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email. Gridspot may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Gridspot believes in good faith that such action is reasonably necessary to protect other Members, Gridspot, Gridspot, or third parties.
13.4 Suspension and Other Measures. Gridspot may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Gridspot believes in good faith that such action is reasonably necessary to protect the personal safety or property of Gridspot, its Members, Gridspot, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method
13.5 Appeal. If Gridspot takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service.
13.6 Effect of Termination. If you cancel your Gridspot account as a Host or Gridspot takes any of the measures described above, Gridspot may provide a full refund to any Guests with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your Gridspot account as a Guest, Gridspot will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Gridspot account or attempt to access and use the Payment Services through an Gridspot account of another Member.
13.7 Survival. Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement.


14. Governing Law and Dispute Resolution
14.1 If you are contracting with Gridspot, these Payments Terms will be interpreted in accordance with the laws of the State of North Carolina and the United States of America, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in state or federal court in Raleigh, North Carolina, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Raleigh, North Carolina.
14.2 If you are contracting with Gridspot UK, these Payments Terms will be interpreted in accordance with English law. If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As an individual consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a competent court in England. If Gridspot wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.
14.3 If you are contracting with Gridspot India, these Payments Terms will be interpreted in accordance with the laws of India. Any dispute arising from or in connection with these Payments Terms must be submitted to the International Chamber of Commerce (“ICC”) for arbitration in New Delhi, which shall be the seat and venue of arbitration. Such arbitration shall be conducted in accordance with the arbitration rules of the ICC in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Gridspot may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of India or any other laws that may apply to you. In the event one or more of the parties to the dispute are non-resident, the parties agree to exclude (for the avoidance of any doubt) the applicability of the provisions of Part I (save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3) thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration under this section. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties. Each party shall bear its own costs in relation to the arbitration.
14.4 If you are contracting with Gridspot Brazil, these Payments Terms will be interpreted in accordance with the laws of Brazil. If you are acting as a consumer, judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in the city of Sao Paulo, State of Sao Paulo, Brazil or in a court with jurisdiction in your place of residence. If you are acting as a business, you agree to submit to the exclusive jurisdiction of a court located in the city of Sao Paulo, State of Sao Paulo, Brazil.


15. United States Arbitration Agreement
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND GRIDSPOT AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.
15.1 Application. This Arbitration Agreement only applies to you if you are contracting with Gridspot Payment US. If you are not contracting with Gridspot US, and you nevertheless attempt to bring any legal claim against Gridspot in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 15 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
15.2 Overview of Dispute Resolution Process. Gridspot is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payment Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with Gridspot’s customer service team (described in Section 15.3), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and Gridspot each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration
15.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Gridspot each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice”) and attempt in good faith to negotiate an informal resolution of an individual claim. You must send your Pre-Dispute Notice of dispute to Gridspot by mailing it to: Gridspot ATTN: Legal, 509 W North St, Raleigh, NC 27603. Gridspot will send its Pre-Dispute Notice to the email address associated with your Gridspot account. A Pre-Dispute Notice must include: the date, your name, mailing address, your Gridspot username, the email address you used to set up your Gridspot account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 15.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.
15.4 Agreement to Arbitrate. You and Gridspot mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration on an individual basis (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Gridspot agree that the arbitrator will decide that issue. For the avoidance of doubt, you and Gridspot agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 15, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved by an arbitrator.
15.5 Exceptions to Arbitration Agreement. You and Gridspot each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (ii) a request for the remedy of public injunctive relief; (iii) any claim or cause of action for vexatious litigation; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Gridspot Platform or Host Services. You and Gridspot agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
15.6 Arbitration Forum, Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules") (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the arbitrator (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. If the AAA cannot and will not administer the arbitration, you and Gridspot shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or Gridspot may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.
15.7 Modification to Arbitration Rules - Arbitration Hearing/Location. In order to make the arbitration most cost-effective, efficient, and convenient to you, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.
15.8 Modification of Arbitration Rules - Arbitration Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules. and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide Gridspot with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, Gridspot will pay your share of any arbitrator fees.
15.9 Modification of Arbitration Rules - Claims Brought for an improper Purpose or in Violation of This Arbitration Agreement. Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous., As allowed by applicable law and the AAA Rules the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.
15.10 Arbitrator’s Decision. The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
15.11 Jury Trial Waiver. You and Gridspot acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.
15.12 No Class Actions or Representative Proceedings. You and Gridspot acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
15.13 Mass Action Waiver. You and Gridspot acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and Gridspot agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 15 and 15.12 of these Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or Gridspot from participating in a mass settlement of claims.
15.14 Modification of Arbitration Rules – Mass Action Batching Requirements. If for any reason, notwithstanding Section 15.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 14 and 15.12 of these Terms. 
15.15 Modifications of Arbitration Rules - Offers of Judgment. At least 10 days before the date set for the arbitration hearing, you or Gridspot may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.
15.16 Severability. Except as provided in Section 15.12, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.
15.17 Amendment to Agreement to Arbitrate. If Gridspot amends this Section 15 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject the change by sending us written notice no later than thirty (30) days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your Gridspot username, the email address you used to set up your Gridspot account, your signature, and an unequivocal statement that you want to opt out of the amended Section 15. You must either mail your notice to this address: 888 Brannan St, San Francisco, CA 94103, Attn: Arbitration Opt-Out, or email the opt-out notice to arbitration.opt.out@Gridspot.com. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Gridspot (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Gridspot.
15.18 Survival. Except as provided in Section 15.16 and subject to Section 13.7, this Section 15 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Gridspot account.


16. Miscellaneous
16.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Gridspot and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Gridspot and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
16.2 No Waiver. Gridspot’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
16.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Gridspot’ prior written consent. Gridspot may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with Gridspot UK).
16.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Gridspot via email or Gridspot Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which Gridspot transmits the notice.


17. Additional Clauses for Users Contracting with Gridspot UK
The following paragraphs will apply if you are contracting with Gridspot UK. To the extent that there is any conflict between this Section 17 and any other provisions of these Payment Terms, the provisions of this Section 17 shall apply.
17.1 Payment Service User
17.1.1 The Payment Services include the payment collection service provided to Hosts contracting with Gridspot UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes Gridspot UK treats Hosts as the “payment service user.”
17.1.2 By agreeing to these Payments Terms you as a Host have consented to Gridspot UK’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. Gridspot UK will be deemed to have received the Host's payment order to the Host on the same date Gridspot UK agrees to initiate the Payout in accordance with Section 3.3
17.1.3 Gridspot UK will endeavor to ensure that Hosts based in the UK will receive each Payout by the end of the business day following Gridspot UK’s initiation of the Payout.
17.1.4 Communication. Gridspot will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address.
17.2 Diverted Payouts and Complaints
17.2.1 If you as a Host believe or become aware that a Payout properly due to you has been or may be diverted without your authorization (“Diverted Payout”) because your password or other credentials to log into your Gridspot account (“Credentials”) have been lost or stolen or misappropriated, you should notify Gridspot UK (see Section 20 for details on how) without undue delay on becoming aware of the loss, theft, or misappropriation of your Credentials or of the unauthorized use of your Credentials or access to your Gridspot account.
17.2.2 If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method (including where there has been a Diverted Payout), Gridspot UK will (if requested by you without undue delay, on becoming aware of the unauthorised or incorrectly executed Payout and in any event within 13 months of it happening) make immediate efforts to trace the payment and will notify you of the outcome. Subject to Section 17.2.3, unless we can prove that (i) the Payout was received by you via your chosen Payout Method, or (ii) we made the Payout correctly using the Payout Method information you provided but the information you provided was incorrect, we will refund the amount. Where you have given us incorrect information we will not be liable for the defective or non-execution of the Payout, however, we will make reasonable efforts to recover the Payout funds.
17.2.3 You must use your Credentials in accordance with these Payment Terms and take all reasonable steps to keep your Credentials safe. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials including the loss of a mobile phone on which you have installed the Application or where you have failed to keep your Credentials safe, up to a maximum of £35. This will not apply if the loss, theft or misappropriation of your Credentials was not detectable by you prior to the Payout, unless you acted fraudulently or the loss was caused by acts or omissions of Gridspot personnel or a service provider. You may, however, be liable for all losses relating to a Diverted Payout if we can show that you acted fraudulently or where, with intent or gross negligence, you failed to use the Gridspot Platform and/or Payment Services in accordance with the Terms or these Payment Terms (including the obligation to keep your Credentials safe). Except where you have acted fraudulently, you will not be liable for any losses incurred in respect of a Diverted Payout arising after notification by you of the loss, theft, or misappropriation of your Credentials or of the unauthorized use of your Credentials, where we have failed at any time to provide appropriate means for such notification, or where we do not require strong customer authentication, where required.
17.2.4 Any complaints about the Payment Services should be made to Gridspot UK (see Section 20 for details on how). If you are not happy with the outcome of a complaint and you as a Host have received regulated Payment Services from Gridspot, UK, you may also be able to refer your complaint to the Financial Ombudsman. All complaints to the Financial Ombudsman Service are subject to the rules of the Financial Ombudsman Service, including in relation to eligibility requirements. The UK Financial Ombudsman Service offers a free complaints resolution service to individuals, micro-enterprises, small charities, and trustees of small trusts. You may obtain further information regarding the Financial Ombudsman Services and contact details at: http://www.financial-ombudsman.
17.3 For Hosts and Guests with Mexico As Country of Residence
If Mexico is your country of residence, (i) upon successful receipt of payment from the Guest following a Host's acceptance of the Guest’s booking request, Gridspot generally holds such funds due to the Host in temporary custody until it is released to the Host in accordance with Section 3.3.1, and (ii) the payment to the Host will be effective only upon the start of the Host's Services and in accordance with Section 3.3.1. Gridspot may be required to withhold taxes per applicable local laws, and such taxes will be due upon Gridspot Payment’s release of the Host Payout.
The Host acknowledges that Gridspot is acting as a payments collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services and paying any applicable taxes due in Mexico, including VAT, on the Host’s behalf.


18. Additional Clauses for Users Contracting with Gridspot Brazil
The following paragraph will apply if you are contracting with Gridspot Brazil:
18.1 Installment Feature for Users with Brazil As Country of Residence
Section 2, “Guest Terms”, shall be amended by adding the following subsection: “You acknowledge that if your country of residence is Brazil and you are paying by credit card, you may pay for your booking in multiple installments as long as your credit card supports installments and is issued in Brazil. The number of installments may vary, but will be presented to you before you complete your booking transaction. You acknowledge that the Total Price may be increased when you choose to pay for your booking in installments as a result of expenses related to the use of credit card and/or other forms of installment plans (“Installment Fee”). You agree that you are solely responsible for the payment of the Installment Fee, and Gridspot Brazil is only responsible for collecting and transferring those amounts to the applicable third-party payment service provider. You authorize the applicable third-party payment service provider to automatically charge the original Payment Method you used to make the booking.. Your use of the installment feature may be subject to additional terms and conditions imposed by the applicable third-party payment service provider. If your booking is canceled for any reason, the Installment Fee will be refunded to the Payment Method you used to make the booking. If you make a modification to a booking payable in installments, and the Booking Modification lowers your Total Price, you will not be refunded any portion of the Installment Fee. Refunds will be initiated and remitted by Gridspot in accordance with these Payments Terms.”
18.2 Depending on the country of residence of guests and hosts, payments due to hosts and applicable fees like Gridspot service fees may require the execution of foreign exchange agreements or other related measures, as per applicable legislation.
18.3 If you are a resident in Brazil and make a booking with a Host residing outside of Brazil using local currency, by using the Payment Services you acknowledge and agree that Gridspot Brazil acts as a payment collection agent of the Host residing outside of Brazil. Gridspot Brazil is also the entity with whom you are contracting for the use of the Gridspot Platform, as set forth in the Terms.
18.4 You authorize Gridspot Brazil, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), tax ID, your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Gridspot Brazil reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
18.5 When processing payments from a Member, Gridspot Brazil (and/or third parties contracted by you or by Gridspot Brazil on your behalf) may retain and/or report to the competent authorities (when applicable) information relating to the Member and/or the respective transaction to comply with applicable legislation and certain regulatory controls, and prevention of money laundering activities.
18.6 For Guests and Hosts contracting with Gridspot Brazil, all references in this Payments Terms to Gridspot, Gridspot or Gridspot Platform shall be deemed to refer to Gridspot Brazil.


19. Additional Clauses for Users that are Businesses
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
19.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
19.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
19.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
19.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Gridspot for Work, as permitted by your account, you authorize Gridspot to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
19.5 For any Payout Method linked to your Gridspot account, you authorize Gridspot to store the Payout Method, remit payments using the Payout Method for bookings associated with your Gridspot account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
19.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.


20. Contacting Gridspot
You may contact Gridspot regarding the Payment Services using the information below:
GRIDSPOT
509 W North St, Raleigh, NC 27603
Gridspot will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.



Stripe Connected Account Agreement

Last modified: December 15, 2023
Thank you for using Stripe Connect!
This agreement governs Connected Accounts’ use of Stripe Connect Services, and describes how Connected Accounts and their third-party platform provider(s) may use the Stripe Connect Services. This Stripe Connected Account Agreement (“Connected Account Agreement”) forms a legal agreement between Stripe, Inc. (“Stripe”) and you or the entity you represent (“you” and “your”). This Connected Account Agreement governs your rights and obligations when your Stripe Account is enrolled with a third-party platform provider using Stripe Connect Services (“Stripe Connect Platform”). The Stripe Services Agreement is incorporated into this Connected Account Agreement by this reference. Capitalized terms not defined in this Connected Account Agreement (either inline or by hyperlink), are defined in the Stripe Services Agreement. To the extent that there is a conflict between the Stripe Services Agreement and this Connected Account Agreement related to your use of the Stripe Connect Services, this Connected Account Agreement will prevail.
You and Stripe agree as follows:


1. Key Definitions.
The following terms are defined in the Stripe Services Agreement, but are repeated below for your convenience (you are a Platform User and Connected Account as the Stripe Services Agreement defines those terms):
“Activity” means any action taken on or related to a Connected Account that a Stripe Connect Platform or a Connected Account initiates, submits or performs, either through the Stripe Technology or through the Stripe Connect Services, including communication regarding the Services relating to that Connected Account.
“Platform Services” means the products and services that Platform Users receive from a Stripe Connect Platform, regardless of whether fees are charged (e.g., web development, customer support or hosting services).
“Platform Provider Agreement” means, as to each Connected Account, collectively, the agreements that a Stripe Connect Platform has with that Connected Account.
2. Your Stripe Account.
Stripe Connect Platforms can help you use the Services, which may include the Stripe Payments Services. A Stripe Connect Platform may help you to create your Stripe Account, or enroll your existing Stripe Account with the Stripe Connect Platform. A Stripe Connect Platform may conduct Activity on your behalf and act as a data controller to instruct Stripe to process Your Data (as defined below), as long as it does so according to your Platform Provider Agreement. Activity may be submitted, initiated or performed through the Stripe Dashboard or through the Stripe API, and this includes the communication of information about Transactions (if applicable), as well as other features as described in the  Documentation. A Stripe Connect Platform may restrict your ability to (a) terminate the Stripe Connect Platform’s access to your Stripe Account; and (b) view, access or activate certain Services. You should read your Platform Provider Agreement carefully to understand the nature of the Platform Services and the Activity that a Stripe Connect Platform may conduct on your behalf. Stripe is not a Stripe Connect Platform, and only provides the Services described in this Connected Account Agreement and the Stripe Services Agreement.
3. Representation and Warranty; Your Responsibilities.
You represent as of the Effective Date, and warrant at all times during the Term, that the information that you provide to Stripe directly or through a Stripe Connect Platform is accurate and complete. You are solely responsible for, and Stripe disclaims all liability for, the provision of goods and services sold to your Customers as part of your use of the Services, and any obligations you may owe to your Customers. If you use the Stripe Payments Services, you are always financially liable to Stripe for the full amount of all Disputes (including chargebacks), Refunds, and fines that arise from your use of the Stripe Payments Services, regardless of whether you have agreed to share this liability with a Stripe Connect Platform. These obligations are described in more detail in the Stripe Services Agreement.
4. Stripe Dashboard.
Depending on how the Stripe Connect Platform has implemented the Stripe Connect Services, you may be able to directly manage your Stripe Account through the Stripe Dashboard. If you are able to access the Stripe Dashboard, you are responsible for all actions taken on your Stripe Account through the Stripe Dashboard. If you do not have access to the Stripe Dashboard, you must contact the Stripe Connect Platform if you need support or have any questions relating to the Services, this Connected Account Agreement or the Stripe Services Agreement.
5. Relationship to Stripe Connect Platforms.
5.1 Your Data.
(a) You instruct Stripe to (a) share any data it collects relating to you and to Activity on your Stripe Account (“Your Data”) with your Stripe Connect Platforms as necessary to provide you with the Stripe Connect Services and the Platform Services; and (b) process Your Data as described in this Connected Account Agreement and Stripe’s Privacy Policy. Your Data includes:
(i) data regarding your Transactions;
(ii) your Personal Data, and the Personal Data of your Representatives, employees, contractors and agents;
(iii) your Customers’ Personal Data; and
(iv) data regarding Activity on any Stripe Account you have enrolled with a Stripe Connect Platform.
(b) You acknowledge that Stripe Connect Platforms may share Your Data with Stripe.
(c) You represent as of the Effective Date and warrant to Stripe at all times during the Term that, to the extent you provide Personal Data to Stripe or instruct Stripe to collect Personal Data, you have provided all notices and obtained all rights and consents necessary to enable Stripe to lawfully collect, use, retain and disclose that Personal Data as described in this Connected Account Agreement, the Stripe Services Agreement and the  Stripe Privacy Policy.
5.2 Pricing and Fees.
Stripe’s standard Fees for the Services are posted on the Stripe Pricing Page; but Stripe may have agreed to Fees with a Stripe Connect Platform that are different from these Fees. Stripe's Fees will either be disclosed to you separately or will be consolidated with the fees for the Platform Services. Stripe does not control and is not responsible for fees imposed by a Stripe Connect Platform, which should be made clear to you in your Platform Provider Agreement. At the Stripe Connect Platform’s request, Stripe may deduct from your Stripe Account balance both Stripe's Fees and the fees for Platform Services the Stripe Connect Platform specifies to Stripe.
6. Disclaimer; Limitations on Stripe's Liability.
Stripe is not responsible for, and disclaims all liability arising from or relating to:
(a) any Stripe Connect Platform’s acts or omissions in providing services to you or your customers, or for any Stripe Connect Platform’s failure to comply with the terms of your Platform Provider Agreement;
(b) your obligations to your Customers (including to properly describe and deliver the goods or services being sold to your Customers); or
(c) your compliance with Laws and obligations related to your provision of goods or services to your Customers, or receipt of charitable donations, including any obligation to provide customer service, notify and handle refunds or consumer complaints, provide receipts, register your legal entity, and other actions not related to the Services.
This section is in addition to, and does not limit, the provisions of the Stripe Services Agreement that disclaim or limit Stripe’s liability.
7. Other General Legal Terms.
7.1 Term, Termination, and the Effects of Termination.
(a) The term of this Connected Account Agreement begins when you enroll your Stripe Account with a Stripe Connect Platform and continues until you or Stripe terminate this Connected Account Agreement under this Section. You may terminate this Connected Account Agreement by (a) closing your Stripe Account or (b) unenrolling your Stripe Account from all Stripe Connect Platforms. If after termination you register your Stripe Account with a Stripe Connect Platform again, this Agreement will apply starting on the date on which you register your Stripe Account with a Stripe Connect Platform again. Stripe may terminate this Connected Account Agreement at any time for any reason by notifying you.
(b) Terminating this Connected Account Agreement will not immediately terminate the Stripe Services Agreement. Stripe and you may only terminate the Stripe Services Agreement according to its terms. This Connected Account Agreement will automatically terminate if the Stripe Services Agreement terminates.
7.2 Stripe Services Agreement - Version.
The Stripe Services Agreement version incorporated into this Connected Account Agreement is the version that applies to your Stripe Account jurisdiction. If the name of your jurisdiction does not appear in the title of the page accessible via this Stripe Services Agreement link, please contact Stripe to obtain the correct link.
8. Non-applicability. 
Stripe Connect Platforms may also use Stripe Connect to direct Stripe to send funds to Connected Accounts outside of Stripe Payments Services as described in Section 4.4 of the Stripe Connect Terms. These fund transfers are not associated with payments a Stripe Connect Platform collects on your behalf using the Stripe services. If you receive funds of this kind, you are not using the Stripe services, and this Connected Account Agreement does not apply to you. Also, you must contact the Stripe Connect Platform, not Stripe, with any questions you have about the status of these funds.