Service-Specific Terms
Last Updated: June 16, 2026
These Service-Specific Terms form a part of the relevant agreement incorporating them and are intended to highlight some of the important things about using certain Services provided by Dutchie. If you have subscribed to any of the Services identified below, the corresponding terms apply to your use.
1. AI Features
1.1. Use of AI Features. You may submit Input to the AI Features and receive Output. You are responsible for all Input submitted by you and your Users (including the accuracy and completeness of product catalog data, inventory data, and configuration settings provided by you), and for your use of all Output that you approve, publish, or distribute. Due to the nature of AI Features, Output provided to you may be similar or identical to Output independently provided to other merchants or users of the Services. You will not, and will instruct your Users not to, intentionally provide Input that consists of sensitive or regulated information not otherwise processed by us in connection with the Services.
1.2. Customer-Facing AI Features. Certain AI Features interact directly with Customers, including Voice AI and Agentic Commerce. You acknowledge that Customer-facing AI Features generate and deliver Output to Customers in real time without pre-delivery review by you or your Users. You agree not to disable, circumvent, modify, or instruct your Users to disable, circumvent, or modify any Customer-facing disclosures provided in connection with the Customer-facing AI Features. You are responsible for monitoring the performance and quality of Output delivered through Customer-facing AI Features in your stores and on your menus, and for promptly notifying us of any material errors, inappropriate responses, or compliance concerns.
1.3. Human Review. For Output intended to be published, distributed, or relied upon, you agree to engage in human review of all such Output before publication, distribution, or reliance. You are solely responsible for evaluating whether any such Output is appropriate, accurate, and suitable for your intended use. Output should not be relied on as a sole source of truth or as a substitute for professional judgment.
1.4. Ownership. As between you and us, you retain all ownership rights in your Input, subject to the rights and licenses granted in the Agreement. We grant you a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, and distribute Output generated in connection with your use of the AI Features for any purpose related to your business operations. Your license to Output does not preclude us or others from independently generating substantially similar output. Your edits, modifications, approvals, and rejections of Output will be considered Feedback and may be used by us to improve the quality, accuracy, and performance of the AI Features in accordance with Section 6.4 of the Agreement. System-generated technical data or model-produced representations (such as embeddings, vectorized data, or algorithmic weights) created internally by us or our third-party providers to support the operation of the AI Features are not Output and are not owned by you.
1.5. Use Restrictions. In addition to the restrictions set forth in the Agreement, you will not, and will not permit anyone else to (a) use the AI Features or any Output to develop, train, fine-tune, or improve any artificial intelligence or machine learning models, whether your own or those of a third party; (b) represent any Output as being wholly human-generated or as being approved, endorsed, verified, or warranted by us; (c) use the AI Features for automated decision-making that has legal or similarly significant effects on individuals without adequate human review and compliance with Applicable Law, except to the extent that compliance-support functionality is a designed feature of the applicable AI Feature (e.g. purchase limit verification); (d) develop models that compete with the AI Features using Output or data derived from the AI Features; or (e) use the AI Features in a manner intended to extract model weights, bypass security controls, reverse-engineer the underlying models, or engage in prompt injection or similar adversarial techniques.
1.6. Supplemental Disclaimer. AI Features are provided as informational and decision-support tools only. You understand and acknowledge that use of AI Features may result in output that is unexpected, unsuitable, incorrect, inaccurate, incomplete, offensive, or unlawful. We do not endorse or guarantee Output to be accurate, complete, current, or fit for any particular purpose. You should independently review and verify all Output. AI-generated product recommendations, including recommendations based on effects, terpenes, cannabinoid profiles, or Customer preferences, do not constitute medical advice, health guidance, diagnosis, treatment recommendations, or product endorsements by us. We do not represent or warrant that Output does not incorporate or reflect third-party content or materials or that Output will not infringe third-party Intellectual Property Rights. Output may not be protectable by Intellectual Property Rights.
1.7. Supplemental Indemnification. In addition to your indemnification obligations under the Agreement, you will indemnify, defend, and hold us harmless from and against any Claim made or brought against us, our Affiliates, or our service providers by a third party arising from or related to (a) your publication, distribution, or external use of Output, including any claims that your publication or use of Output infringes or misappropriates any Intellectual Property Rights or violates Applicable Law; or (b) your configuration of the AI Features, including house brand prioritization, product boosting rules, voice and tone configurations, greeting or closing scripts, and routing configurations. Notwithstanding our indemnification obligations under the Agreement, claims of Intellectual Property Rights infringement or misappropriation by Output are not included in the covered third-party Claims for indemnification by us under the Agreement, and you assume all risk associated with your use of Output.
1.8. Supplemental Limitation of Liability. Without limiting the limitation of liability provisions in the Agreement, we will have no liability arising out of or related to any Output or the operation of the underlying algorithms, models, or data used to generate Output (including, without limitation, product recommendations, sentiment analyses, upsell prompts, and any business decisions you make based on Output).
1.9. Third-Party Providers. We use third-party providers to make certain AI Features available to you. You agree that any Input you provide may be shared with such third-party providers to enable the functionality of the AI Features. We are responsible for maintaining contractual protections with our third-party providers that are consistent with the data protection and confidentiality obligations set forth in the Agreement. If our third-party providers require us to flow down additional terms to you that would materially alter your rights or obligations under the Agreement, we will provide you with reasonable advance notice.
1.10. Suspension and Remediation. We reserve the right to suspend, modify, or disable any AI Feature immediately and without prior notice if we reasonably determine that continued operation poses a material risk of harm, a material compliance risk, or a material security risk. We will restore the affected AI Feature as promptly as commercially practicable following remediation.
1.11. Customer Interaction Data. Customer Interaction Data is Merchant Data and is Processed by us on your behalf in accordance with the Agreement and our Privacy Policy. You are responsible for ensuring that your privacy policy discloses the collection and use of Customer Interaction Data through AI Features in a manner consistent with this Agreement, our Privacy Policy, and Applicable Law. Customer Interaction Data collected through one AI Feature may be used to personalize Output and improve the performance of other AI Features enabled on your account.
2. Voice AI
2.1. Call Recording and AI Disclosure. Calls handled by Voice AI are recorded and transcribed by us on your behalf for the purposes of enabling the AI-powered voice response, generating a transcript of the interaction, and improving service quality. We will provide an automated disclosure at the beginning of each call informing the Customer that they are speaking with an AI-powered system and that the call is being recorded. These disclosures are designed to satisfy the requirements of all-party consent jurisdictions under Applicable Law, and you agree not to disable, circumvent, or modify them. Call recordings and transcripts constitute Customer Interaction Data and will be retained and used in accordance with the Agreement and our Privacy Policy.
2.2. Product Recommendations. Voice AI may include product recommendations based on your available product catalog data and Customer Interaction Data. You acknowledge that: (a) all recommendations are informational only and do not constitute medical advice, health guidance, or product endorsements by us; and (b) the quality and relevance of recommendations depend on the accuracy and completeness of your data.
2.3. Reservations. Voice AI may facilitate product reservations on your behalf based on Customer requests during a call. Reservations placed through Voice AI are subject to your standard order confirmation and fulfillment processes. You are responsible for reviewing, confirming, and fulfilling all reservations placed through Voice AI, including verifying reservation accuracy and compliance with Applicable Law.
2.4. Fees. Your subscription to the Voice AI Service includes the first 1,500 call minutes per location during each calendar month. Each incremental call minute beyond this allotment will result in additional Fees equal to $0.49 per minute. Included call minutes refresh at the start of each billing month and do not roll over to subsequent months. We may make call minute usage data available to you through the Services.
3. Agentic Commerce
3.1. Sessions. With respect to Agentic Commerce, a "Session" means a single continuous interaction between a Customer and the Agentic Commerce Service, initiated when the Customer triggers an agentic interaction (such as sending a chat query, clicking an AI-suggested prompt, or engaging an agentic workflow). Once initiated, a Session remains open for all consecutive interactions from that Customer until the earliest of: (a) 30 consecutive minutes of inactivity (no interaction between the Customer and the Agentic Commerce Service); (b) the Customer closing the chat interface; or (c) the Customer initiating a new, independent interaction after the prior Session has terminated, which will constitute a new Session. For clarity, passive activities such as browsing your menu or viewing the Agentic Commerce widget without triggering an agentic interaction do not initiate a Session. Each Session will be counted regardless of whether the Customer places a reservation. Session counts will be determined by us using our platform logs.
3.2. Fees. Your subscription to the Agentic Commerce Service includes the first 500 Sessions per location during each calendar month. Each incremental Session beyond this allotment will result in additional Fees equal to $0.15 per Session. Included Sessions refresh at the start of each billing month and do not roll over to subsequent months. We may make Session usage data available to you through the Services.
3.3. Product Recommendations. Agentic Commerce may include product recommendations based on your available product catalog data and Customer Interaction Data. You acknowledge that: (a) all recommendations are informational only and do not constitute medical advice, health guidance, or product endorsements by us; and (b) the quality and relevance of recommendations depend on the accuracy and completeness of your data.
3.4. Reservations. Agentic Commerce may facilitate cart building, product substitution, and reservations on your behalf. You are responsible for reviewing and fulfilling all reservations placed through Agentic Commerce, including verifying reservation accuracy and compliance with Applicable Law.
3.5. Usage Metering. We reserve the right to implement technical measures to prevent abuse of the Agentic Commerce Service, including session rate limits, bot detection, and automated throttling. Sessions attributable to automated scripts, bots, or other non-human activity will not be counted toward your included Session allotment but may be blocked or throttled without notice.
3.6. Changes. Notwithstanding anything to the contrary in the Agreement, we may adjust the included Session allotment, overage Fees, or the methodology by which Sessions are measured in accordance with the modification provisions of the Agreement. No such adjustment will apply retroactively. If an adjustment to the measurement methodology would materially increase the number of Sessions counted under the same usage patterns, we will provide you with a reasonable transition period of not less than one billing cycle before the adjusted methodology is used for billing purposes.
4. Register Co-Pilot
Register Co-Pilot is accessible only to your authorized Users through Dutchie Point of Sale. Customers do not interact with, and do not have visibility into, the Register Co-Pilot or any Output it generates. To the extent Register Co-Pilot generates new inferences about Customer preferences or purchasing patterns based on existing Merchant Data, such inferences are classified as Merchant Data. All prompts, recommendations, alerts, and other Output generated by Register Co-Pilot are decision-support suggestions provided to assist your Users. They do not replace Users’ independent judgment, your training and supervision of Users, or your compliance obligations under Applicable Law. You remain solely responsible for all sales practices, regulatory compliance, and transaction decisions made by your Users.
5. Consumer Pulse
5.1. Third Party Sources. Consumer Pulse may leverage data from third-party review sources. We do not guarantee the accuracy, completeness, timeliness, or continued availability of data from any particular third-party review source, and we may add or remove supported third-party review sources at any time upon notice to you.
5.2. First Party Surveys. Consumer Pulse may deploy first-party surveys on your behalf and at your direction. Survey response data constitutes Customer Interaction Data and is Merchant Data. You are responsible for any disclosures, consents, or notices required by Applicable Law in connection with survey deployment and the collection of survey responses.
5.3. Use of Insights. Consumer Pulse insights may reference identifiable individuals, including Users. You are solely responsible for how you use such insights, including in connection with any employment decisions, and for compliance with Applicable Law governing the use of such information.
6. Messaging Services
6.1. Fees. Your subscription to the Loyalty & Marketing Service includes the first 100,000 emails sent by you (per Location, per month) during each billing month. Each incremental email sent beyond this allotment will result in additional Fees equal to $0.0013 per email. Included emails refresh at the start of each billing month and do not roll over to subsequent months. Fees for SMS and MMS messaging, including per-message charges, are set forth in your Order Form. If carriers or providers impose additional or modified fees or surcharges applicable to your use of the Messaging Services, we may pass through such fees to you upon reasonable advance notice.
6.2. Consent Requirements.
A. Email Consent. Except for transactional emails (i.e., non-marketing emails that contain information about an action or transaction a recipient has taken or agreed to and, if applicable, updates or notifications to that recipient about that action or transaction), you must obtain affirmative consent prior to sending any emails to a recipient via the Services. Any affirmative consent must be freely given by each recipient to each sender, informed, and unambiguous. A recipient must be (i) presented with the choice to provide or withhold consent; (ii) informed of the sender’s identity; and (iii) made aware of how to withdraw any previously provided affirmative consent at any time. Any affirmative consent is strictly for the subject matter for which that recipient provided it.
B. SMS/MMS Consent. Before sending any marketing SMS or MMS to a recipient via the Services, you must obtain the recipient’s “prior express written consent” as defined under the Telephone Consumer Protection Act (47 U.S.C. Section 227) and its implementing regulations (47 C.F.R. Section 64.1200). Such consent must be: (i) voluntary, specific to the type of message, and not a condition of purchase unless otherwise permitted by Applicable Law; (ii) obtained through a clear and conspicuous disclosure that identifies you (the sender) by your legal name or registered DBA and that satisfies all requirements of 47 C.F.R. Section 64.1200(f)(8); and (iii) captured and retained in a reproducible form. Before sending any transactional or informational SMS or MMS message to a recipient via the Services, you must obtain the recipient’s prior express consent as required under Applicable Law.
C. Consent Records. You must maintain written or electronic records affirmatively demonstrating the applicable consent for each recipient. Upon our request, you must provide us with any and all consent records within 3 business days. You must retain all consent records for a minimum of 5 years following the later of: (i) the date consent is withdrawn by the recipient; or (ii) the expiration or termination of this Agreement. Your obligation to retain and produce consent records survives expiration or termination of this Agreement.
D. Consent Renewal. With respect to SMS/MMS messaging, if a recipient has had no interaction (e.g. click, purchase, reply, or opt-in verification) for 18 consecutive months, you must obtain fresh consent before sending further messages to that recipient. For email, you must obtain affirmative consent again after an extended period of non-engagement.
E. Revocation Tracking. To the extent that a recipient provides you with a verbal, written, or electronic request to stop receiving communications, you must promptly ensure that your consent records and internal suppression lists reflect the revocation.
6.3. Opt-Out Requirements. A recipient must have the ability to revoke consent at any time. You may not send non-transactional communications to a recipient who has withdrawn consent unless that recipient provides new consent. You must update your internal suppression lists promptly upon receipt of any opt-out request and notify us of any systemic opt-out issues, consumer complaints, or carrier complaints within 2 business days. With respect to email messages, except for transactional emails, the body of each email sent via the Services must include (a) an active and accurate physical mailing address where a recipient can send an unsubscribe request via mail; (b) a clear, conspicuous, and functioning unsubscribe hyperlink; and (c) a hyperlink to your privacy policy. You must honor all unsubscribe requests within 10 days of the date they are sent, or the timeframe required under Applicable Law, whichever is shorter. With respect to SMS/MMS messages, each marketing SMS or MMS message must include clear instructions on how to opt out. You must process all opt-out requests immediately, and in no event later than 48 hours after receipt. You must honor all opt-out requests regardless of the specific keyword used, provided the recipient’s intent to opt out is reasonably clear. Upon receipt of an opt-out, you may send a single confirmation message containing no marketing content.
6.4. Sender Identification. Each communication sent via the Services must clearly and accurately identify you as the sender. For emails, the subject line must be clear, non-deceptive, and accurately describe the content and purpose of the email.
6.5. Content Standards.
A. Compliance. All communications sent via the Services must comply with Applicable Law, including those governing advertising and sale of cannabis products, telemarketing, commercial messaging, and consumer protection, as well as applicable carrier and provider policies.
B. Prohibited Content. The following content is prohibited from being sent via the Services through any channel: (i) statements about products claiming to prevent, treat, or cure health issues that have not been approved by the applicable government authority or are not permitted under Applicable Law, or false or unsubstantiated medical or health benefit claims regarding cannabis products; (ii) content that targets or is directed at minors; (iii) pornography, sexually explicit content, escort services, or similar services; (iv) content that is fraudulent, deceptive, or misleading, including falsified sender identities, spoofed numbers, or misleading subject lines, or that we or our service providers determine in good faith is intended to mislead a recipient or cause harm or damage; (v) content that promotes products or services that are unlawful in the recipient’s jurisdiction; (vi) content that violates the Intellectual Property Rights of a third party; (vii) content that is illegal, unlawful, libelous, maliciously false, obscene, or indecent, or which infringes any person’s rights under Applicable Law; and (viii) unsolicited bulk communications, communications sent using purchased, rented, or harvested recipient lists, or communications using techniques designed to evade spam filters, carrier filtering, or similar detection mechanisms.
C. Cannabis-Specific Requirements. You must send cannabis-related communications only into jurisdictions where the advertised products or services are lawful, and must incorporate any jurisdiction-specific disclaimers, warnings, or disclosures required by Applicable Law.
6.6. Prohibited Actions. You are prohibited from using the Messaging Services in the following ways: (a) sending emails to SMS gateways; (b) using third-party email addresses, domain names, or phone numbers without proper consent or authorization from the third party; (c) using or embedding tracking technologies in communications sent to a recipient prior to obtaining consent from that recipient to the extent and in the manner required by Applicable Law; (d) disguising, falsifying, or manipulating the subject matter, headers, sender information, or transmission path information of any communication; (e) conducting security testing, including simulated phishing and other activities that may resemble social engineering or similar attacks; (f) interfering with the integrity of the messaging services, including reverse engineering, circumventing security or authentication mechanisms, or introducing malware; or (g) attempting to evade carrier registration requirements (including 10DLC, toll-free, or short code registration), throughput management programs, or carrier spam filtering mechanisms.
6.7. Registration and Cooperation. For SMS/MMS messaging, you will promptly provide all information and documentation reasonably requested in connection with carrier registration requirements (e.g. 10DLC) for your messaging campaigns. Failure to provide required information may result in a delay of messaging availability, and we will not be liable for any such delay.
6.8. Carrier Disclaimer. You acknowledge that the Messaging Services rely on third-party carriers and providers whose policies may change at any time due to regulatory developments, industry standards, or the nature of the cannabis industry. The availability of specific messaging formats is conditional upon acceptance by carrier and provider pipelines and may change without advance notice. We will notify you of material changes as they occur. Such changes do not constitute a breach of this Agreement by us.
6.9. Monitoring. You acknowledge that we and our service providers may monitor communications sent through the Messaging Services, including message content, timestamps, consents, and metadata, for compliance, quality assurance, and anti-spam purposes.
6.10. Enforcement. If we determine that your use of the Services violates this Section, Applicable Law, or any applicable carrier or provider policy, we may, in our sole discretion and without limiting any other rights or remedies: (a) issue written notice requiring corrective action within a commercially reasonable period; (b) throttle or block offending traffic or campaigns; (c) suspend or terminate your access to the Services (in whole or in part); or (d) require reimbursement of any carrier fines, penalties, or surcharges imposed on us or our service providers as a result of your violation. In the case of violations that pose an imminent risk of legal liability, carrier action, or consumer harm, we may suspend your access immediately without prior notice.
6.11. Supplemental Indemnification. In addition to your indemnification obligations under the Agreement, you will indemnify, defend, and hold us, our Affiliates, our service providers, and their respective officers, directors, employees, and agents harmless from and against any Claim made or brought by a third party (including any carrier, provider, regulatory authority, or recipient) arising from or related to: (a) your breach of this Section (Messaging Services); (b) communications sent by you or on your behalf through the Services, including any claim that such communications were sent without proper consent, violated the TCPA, CAN-SPAM Act, or analogous state or federal laws, or violated applicable carrier policies; or (c) your failure to comply with Applicable Law in connection with your use of the Messaging Services.
7. Branded Mobile App
Subject to the terms of this Agreement and the respective terms and policies of the Apple App Store and Google Play Store, we grant you a non-exclusive, non-transferable and non-sublicensable license to distribute the Branded Mobile App Services to Customers through the app stores. You will be responsible for obtaining developer accounts within the app stores at your expense and agree to provide us with access to your developer account(s) for the limited purpose of establishing, maintaining and (upon expiration or termination of this Agreement) deprecating the Branded Mobile App. You may permit Customers to download and use the Branded Mobile App provided that, as a condition to using the Branded Mobile App Services, such Customers have agreed to your terms and conditions and privacy policy, each of which must be as protective of the Services as this Agreement. Your end user license agreement for the Branded Mobile App must include all terms required by the Apple App Store and Google Play Store, including (a) acknowledgment that the agreement is between you and the Customer only, and not with Apple, Google, or us; (b) a license grant scoped to the rules of the applicable app store; (c) a statement that Apple and Google have no obligation to provide maintenance or support for the Branded Mobile App; (d) a disclaimer of Apple’s and Google’s liability for the Branded Mobile App, including product liability and intellectual property claims; (e) acknowledgment that Apple and its subsidiaries are third-party beneficiaries of the end user license agreement and may enforce it against the Customer; and (f) any other terms required by the applicable app store’s developer agreements and policies, as updated from time to time. You agree to comply with, and the license provided in this Section is conditioned upon, your compliance with all applicable third-party terms and conditions, including, without limitation, the respective mobile app stores’ terms and policies.
8. eCommerce and Kiosk
We may process Customers’ Personal Information, as instructed by you, including through your use of the Services, to: (a) display sponsored content within the Services; and (b) select content (including sponsored content) to display within the Services based on Customers’ interactions with you and the Services.
9. On-Site Implementation
9.1. On-Site Implementation Professional Services. Subject to your execution of an Order Form purchasing On-Site Implementation Professional Services, and payment of applicable Fees, we will provide you the Professional Services under the terms of this Agreement. We will determine in our sole discretion which of our personnel will perform the Professional Services. Personnel performing the Services at your Locations will comply with your reasonable written onsite policies and procedures provided to us in advance.
9.2. Your Obligations. You will provide reasonable and timely cooperation in connection with our provision of the Professional Services. We will not be liable for a delay caused by your failure to provide us with information, materials, consents or access to your facilities, networks or systems required for us to perform the Professional Services. You are responsible for any consents and notices required to permit your use and receipt of the Professional Services.
9.3. Change Orders. Any changes to an Order Form (including, without limitation, the purchase of additional Professional Services hours) requires a written amendment. Notwithstanding the foregoing, we may cancel or reschedule our performance of the Professional Services upon notice to you.
9.4. Holidays and Weekends. We are available for Professional Services during standard operating hours (7 a.m. – 9 p.m. local time) with the exception of weekends and holidays (including both federal holidays and “industry holidays,” such as 4/20, Green Wednesday and Black Friday). To the extent that you request Professional Services be performed on a weekend or holiday, the applicable Fees attributable to the holiday or weekend work will be billed at 2 times the cost of the Professional Services day.
9.5. Additional Hours. If additional Professional Services hours beyond that identified in your Order Form are required to support your operations, you must let your Implementation Strategist know during the onboarding process and prior to scheduling of the Professional Services. Additional Fees will apply in the event of a change.
9.6. Hardware. If you require hardware installation assistance in connection with Professional Services, a minimum of 2 Professional Services days are required. Notwithstanding the foregoing, you acknowledge that hardware installation assistance does not include network setup or cabling, which you are responsible for completing prior to the start of the Professional Services.
9.7. Travel and Expenses. The Fees identified in your Order Form include all travel and related expenses incurred by our personnel in delivering the Professional Services, and you will not be responsible for any additional Professional Services-related expenses beyond the Fees identified in your Order Form. Notwithstanding the foregoing, the add-on options for the Professional Services do not include travel and related expenses incurred by your personnel in delivering such Professional Services, and those additional Fees will be calculated when add-on options are quoted to you.
9.8. Cancellations. If you cancel or reschedule pre-purchased Professional Services less than 2 business days prior to the start of the scheduled Professional Services, you will be responsible for a cancellation Fee in the amount of 30% of the cost of the Professional Services. For all other purchased Professional Services packages, the cancellation Fees are as follows:
- Cancellation of 1 Day Professional Services: $1,500.00
- Cancellation of 2 Day Professional Services: $2,250.00
- Cancellation of 3+ Day Professional Services: $2,700.00
9.9. Insurance. Each party will maintain, at its own expense, appropriate insurance coverage applicable to performance of the parties’ respective obligations under this Section, such as general commercial liability, workers’ compensation and automobile liability.
9.10. Supplemental Indemnification. In addition to your indemnification obligations under the Agreement, you will indemnify, defend, and hold us, our Affiliates or our service providers harmless from and against any third-party Claim made or brought against us, our Affiliates or our service providers arising from or related to our personnel’s death, personal injury or tangible property damage resulting from the negligence or more culpable act or omission by you, your employees or your agents during or related to performance of the Professional Services.
10. Dutchie Hub
10.1. Right to Access Dutchie Hub Service. Subject to the terms of the Agreement, the Payment Processor Agreements, and the functionality selected by you, we grant you a non-exclusive, non-transferable, non-sublicensable right during the Subscription Term to use the Dutchie Hub Service.
10.2. Payment Processor Agreements. In order to use the Dutchie Hub Service, you are required to enter into separate Payment Processor Agreements. For the avoidance of doubt, we are not a party to, nor do we have any liability under, any Payment Processor Agreement between you and a Third-Party Payment Processor.
10.3. Underwriting. The Payment Processors will be required to gather certain information and documentation from you in order to underwrite your accounts and review your applications for approval. You agree to promptly provide us with all requested information and documentation. While your execution of an Order Form and enablement of a given cashless payment offering constitutes acceptance of the corresponding Payment Processor Agreement(s), your use of the Dutchie Hub Service is ultimately subject to the relevant Payment Processors’ acceptance of your application. You authorize us, the Third-Party Payment Processors and our respective service providers to make business and personal credit inquiries and other investigations considered necessary or desirable in connection with the underwriting of your account. You further authorize us and the Third-Party Payment Processors to share application-related information with each other to the extent related to your use of the Dutchie Hub Service. If we are in possession of any underwriting-related information pertaining to you or your directors, officers, beneficial owners or otherwise, you authorize us to process and share that information with the Third-Party Payment Processors. The authorizations provided in this Section will remain in effect for as long as you use the Dutchie Hub Service for the purpose of ongoing inquiries related to support risk monitoring and account management, as well as for the purpose of underwriting you for any additional Third-Party Payments Offering.
10.4. Dutchie Hub Account. Once approved by the Payment Processors, you will promptly enable and become transactional with the Dutchie Hub Service. We or the Third-Party Payment Processors may make changes to the Dutchie Hub Service at any time in our sole discretion, including, without limitation, changes associated with technological developments, legislative or regulatory changes, or the introduction of new functionality or Payment Processors and/or removal of existing functionality or Payment Processors. You will comply with all time deadlines, equipment and software maintenance and upgrade requirements we may reasonably require from time to time.
10.5. Fees. The Fees for the Dutchie Hub Service as identified in your Order Form will be charged to you by the corresponding Payment Processor in accordance with the terms of the respective Payment Processor Agreement. You agree to pay all Fees as they become due and payable. Notwithstanding anything to the contrary in the Agreement, we reserve the right, upon 30 days’ prior notice to you (email sufficient), to revise the Fees for any or all of the Dutchie Hub Service. Your continued use of the Dutchie Hub Service after the date any such change becomes effective constitutes acceptance of the updated Fees.
10.6. Data Security. You will be solely responsible for the security, quality, accuracy, and adequacy of all transactions and information submitted to or through the Dutchie Hub Service, and will maintain adequate audit controls to monitor the security, quality, maintenance and delivery of such data. Without limiting the foregoing, and to the extent applicable, you must remain in compliance with Payment Card Industry Data Security Standards and take all steps necessary to ensure that Customer data (including, without limitation, cardholder data and any other Personal Information or sensitive information) is not disclosed, misused, or subject to unauthorized access. If there is an actual or suspected breach of, or unauthorized access to, Customer data or other Personal Information, you must immediately (a) notify us; (b) cooperate with our and/or the applicable Third-Party Payment Processor’s requests for information; (c) take any action designated by us or the applicable Third-Party Payment Processor to remedy and/or address the breach; (d) prevent further unauthorized access to or use of such information; and (e) comply with all Applicable Law related to privacy and security of the consumer information.
10.7. Termination. Notwithstanding anything to the contrary in the Agreement, either party may terminate your use of the Dutchie Hub Service upon notice to the other party. Likewise, a Third-Party Payment Processor may terminate your use of their Third-Party Payments Offering in accordance with the terms of the respective Payment Processor Agreement.
11. Round-Up the Change
By enabling Round-Up the Change, you acknowledge and agree that: (a) you are solely responsible for collecting and remitting customer round-up donations to your selected partner organization in a timely manner; (b) you are solely responsible for complying with Applicable Law governing charitable solicitations, commercial co-ventures, and cause marketing, including, without limitation, any required registrations, written agreements with nonprofit partners, and consumer disclosures; (c) you are responsible for any accounting or tax treatment of these funds; (d) information about your round-up donations may be shared with your selected partner for reporting and acknowledgment purposes; and (e) your use of this Service is subject to the Agreement.
