Facebook

We have provided some section headers for your convenience, but you should carefully read through these Community Payments Terms (the "Terms") in order to understand your rights and responsibilities, as well as ours.


1. Making Payments

1. Funding and spending. When you make a payment on Facebook, you agree to provide a valid funding instrument. When you have successfully added your funding instrument, we will allow you to initiate a transaction using Facebook Payments (“Facebook Payments”).


2. Pricing. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, all of which you are responsible for paying.


3. Extra terms.You may be presented with additional terms related to a specific payment before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.


4. Subscriptions. If you purchase a subscription to an app or to a feature within an app, we will bill your funding instrument immediately, and then again at the beginning of each subscription period. The following terms apply for subscriptions purchased through Facebook Payments:
   1. If a free trial period is offered and you do not cancel during the free trial period, you will be billed at the end of the free trial period and at the beginning of each subsequent subscription period.
   2. You can cancel subscriptions at any time on your Account Settings page.
   3. If you cancel a subscription you will still have access to the app or feature you subscribed to through the end of the subscription period. If an app or feature you subscribed to becomes unavailable during your subscription you will not be billed at the beginning of the next subscription period.


5. Actual sale. With the sole exception of Sections 1.6 and 1.7, below, you may only use Facebook Payments to process a funding transaction for a legitimate, bona fide purchase of a product or service or a donation payment. Except as set forth below, you may not use Facebook Payments to fund a transaction or otherwise transfer electronic value not in conjunction with a purchase or a donation payment.
   
   
6. Person-to-Person Transfer in the U.S. and Canada. Person-to-Person transfer of funds ("P2P") by people who are residents of or have their principal place of business in the U.S. or Canada may be made available in the Messenger service at our sole discretion. If you use P2P, you consent to the following applicable risks and other terms:
   1. You may not use P2P if you are under the age of 18.
   2. We may require that you provide more information in order to complete a transaction.
   3. P2P is not intended to be used for business, commercial, or merchant transactions and such use may be discontinued without notice by us at any time. We may reverse or place a hold on your transactions or place funds in reserve if evidence of business, commercial, or merchant use is discovered.
   4. If you receive and accept a P2P transfer you are liable to us for not only the payment but also any fees that may result from a later invalidation of that payment for any reason, including without limitation if you lose a claim or a chargeback, or if the payment is reversed. You agree to allow us to recover any amounts due to us by debiting from your electronic value balance. If your electronic value balance is insufficient to cover this amount, Wwe reserve the right to charge your funding instrument or take any other legal action to collect the funds to the full extent allowed by applicable law.
   5. P2P use is at your sole risk and we assume no responsibility for the underlying transaction of funds, or the actions or identity of any transfer recipient or sender. Disputes regarding funds are between you and the sender of a payment. If a sender files a claim for a chargeback after a P2P transaction, we are not responsible for determining the veracity of claims or the disposition of the payment.
   6. Use of P2P may subject you to fees including without limitation those from third parties, such as reversal charges or other fees for insufficient funds if your attempted payment is rejected.
   7. P2P must be used in compliance with applicable law and may not be used in connection with any illegal or illicit transaction. In addition, payments relating to the following activities are prohibited regardless of whether the activity is illegal in your location: (a) weapons, ammunitions, or explosives; and (b) gambling, games of skill, lotteries, raffles, or fantasy sports. If illegal, or illicit, or otherwise prohibited transactions are reported or discovered, we reserve the right to take action including without limitation the following, without notice to you: place a hold on your transactions; place your funds in reserve; limit your ability to use Facebook Payments; report the activity to authorities; or deactivate your account entirely.
   8. Minnesota residents: To opt out of P2P, please send written notice of your choice to: Facebook Payments Inc., 1601 Willow Rd, Menlo Park, CA, 94025. Note that opting out of P2P may affect your ability to make other transactions using Facebook Payments.


7. Regulated Payments in the European Economic Area. If you use P2P or make a donation to a charity that uses Facebook Payments to process donation payments, and you are a resident of or have your principal place of business in a country other than the U.S. or Canada, then the following terms apply: www.facebook.com/payments_terms/eu_regulated_payments.


8. Payments to Developers in the US. We serve as a limited payment collection agent of developers offering content on Facebook, and we are authorized to accept payment from you on behalf of those developers for purchase of that content. Your full payment to us of the transaction price for a developer’s content constitutes payment to that developer and satisfies your payment obligations to that developer for the purchased content.


9. Payments to Developers in the European Economic Area. To make a payment to a developer offering content on Facebook, you must use the account we provide to you, which can only be used to purchase digital content on Facebook. You can top up this account using a variety of payment methods, such as a credit card, debit card, or Facebook Gift Card.


10. Donations. If you make a donation to a charity on Facebook, or to an individual who uses the features Facebook makes available to raise and collect funds for personal causes, the following terms apply:
    1. If you make a donation to a charity, you acknowledge that you make this donation as a charitable contribution, and you are not receiving any goods or services in return. As the tax laws vary by state and by country, please consult a tax professional regarding the deductibility of this donation.
    2. We reserve the right to refuse payments intended for charities or individuals that fail to comply with our terms and policies, including our Charitable Donation Terms and our Personal Fundraiser Terms of Service. If we refuse payment to your intended recipient, you will be entitled to a refund.
    3. Fundraising campaigns to benefit charities may be created by Facebook users (“Fundraiser Creators”). If a Fundraiser Creator pledges to match donations to a fundraising campaign, you acknowledge that Facebook does not guarantee that the Fundraiser Creator will fulfill the pledge. If you donate to a charity through such a fundraising campaign, you will not be entitled to a refund of your donation on the basis that the Fundraiser Creator did not fulfill the pledge.
11. No Warranties. You acknowledge that any products or services you may purchase are sold by merchants, not by Facebook or Instagram, LLC. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH FACEBOOK OR THE INSTAGRAM SERVICE.

2. Payment Methods

1. Funding instruments. We want to make Facebook Payments convenient, so we allow you to fund your transactions using a number of different sources, like credit cards and debit cards, Facebook Gift Cards, and other payment methods.


2. Authority. When you provide a funding instrument to us, you confirm that you are permitted to use that funding instrument. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the funding instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.


3. Authorization. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your payment. Your card will be charged at the time you initiate a payment, or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.


4. Failed payments. If you pay by debit card and your load transaction results in an overdraft or other fee from your bank, you alone are responsible for that fee.


5. Facebook Gift Card Balances. Facebook Gift Cards may be used to generate a gift card balance ("Gift Card Balance") on Facebook. You can then use this Gift Card Balance on our platform as a payment method. The following terms apply to Gift Card Balances:
   1. If you enter the Gift Card’s PIN and click “Redeem” at www.facebook.com/giftcards/redeem, we will credit the Gift Card’s value to your Gift Card Balance. Once you have entered the PIN on your Gift Card, the value you received can’t be restored to the original Gift Card.
   2. All Gift Cards converted at www.facebook.com/giftcards/redeem as described above will result in Gift Card Balances that can be used exclusively to make payments to developers on the platform; your Gift Card Balance will be applied toward funding transactions you wish to complete, and if your Gift Card Balance is insufficient to complete a transaction, we will ask you to elect an additional payment method to cover the difference. Gift Cards converted in certain games, however, may result in value that can only be used within that game, or in other games from the same developer.
   3. Facebook is not a bank, so Gift Card Balances are not deposits and they do not earn interest. Gift Card Balances are not insured by the Federal Deposit Insurance Corporation, the Financial Services Compensation Scheme, or any other entity or insurance scheme, whether governmental or private.
   4. We may change the process to convert Gift Cards into Gift Card Balances, or the ways that you can use your resulting Gift Card Balance, at any time as we deem necessary without prior notice to the full extent permitted by law.
   5. Some Facebook Gift Cards have bonus offers. Bonus offers are open to customers who redeem a participating Facebook Gift Card during the offer period stated on the Gift Card packaging. To obtain the bonus item, visit www.facebook.com/giftcards/redeem, enter the Gift Card PIN when prompted, and follow the instructions to receive your item. We will not give notice of the expiration of these bonus offers. Free gift items may vary; average retail value of items will range from approximately one to fifteen USD ($1-15). Bonus offers may not be combined with other offers and discounts, nor exchanged, nor redeemed for cash. Other terms and conditions may apply to the use of Facebook Gift Cards and of www.facebook.com; see site for details.
   6. You may not sell your Gift Card Balance or any portion thereof, nor transfer any portion thereof to anyone outside of Facebook.
   7. Gift Card Balances are not redeemable for any sum of money or monetary value from us unless required by law.
   8. Facebook Gift Cards and Gift Card Balances don't expire. However, Gift Card Balances are subject to our Abandoned Property provision (Section 3.6, below).


6. Incompatibility. You may at some point encounter an app or feature that does not support the payment method you would prefer to use; however, you can select a different type of payment instrument (such as credit or debit card, or mobile operator billing).


7. Mobile billing. Mobile operator billing is another payment method we have made available for your convenience. If you use mobile billing as a funding instrument, you consent to the following applicable risks and other terms:
   1. By choosing the mobile billing payment method, you agree that we and your mobile operator may exchange information about you in order to facilitate completion or reversal of payments, resolution of disputes, provision of customer support, or other billing-related activity.
   2. You are responsible for any charges, fees, changes to your mobile plan service or billing, alterations to your mobile device, or any other consequence that may arise out of your use of mobile billing.
   3. If you use mobile billing, you are bound not only by these Terms, but also by the terms and conditions of your mobile operator.
   4. If you have questions about any charges or fees that appear on your mobile phone bill, you may contact your mobile provider’s customer service division.
   5. Sometimes, use of mobile billing may lead to charges that, for various technical reasons beyond our control, cannot be refunded to you. In these cases, we have the right, but not the obligation, to issue you a courtesy credit.


8. Boleto (Pre-paid). If you use boleto as a payment method, you consent to the following applicable risks and other terms:
   1. Refunds. Due to technical limitations, we are able to provide refunds ONLY by making cash deposit into a bank account. If you make a purchase with boleto and later request a refund for any reason, you MUST have a bank account in order to receive the refund. Additionally, the name on the bank account receiving the refund deposit MUST match the name on the boleto used to make the payment.
   2. Safety. We may delay or limit the availability of your purchase, for either safety reasons, or to make sure we possess all relevant information necessary to process the payment and deliver to you what you have paid for.
   3. Information. You agree and consent that we will store your tax id (CNPJ/CPF). We may use your tax id to obtain additional information about you, necessary to process the payment, from the federal tax id registration database provided by the Brazilian government, via a third-party processor. We will also submit final tax documents to the Brazilian government as required.

3. Actions We May Take

1. Use at Facebook’s initiative. We may cease to provide Facebook Payments to you at any time at our sole discretion for suspicious or unlawful conduct, including for fraud, or repeated failed transactions in connection with your use of Facebook Payments.At-will use. We may revoke your eligibility to use Facebook Payments at any time at our sole discretion.


2. Inquiries. By using Facebook Payments, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.


3. Our right to reject. We may reject any transaction if we believe the transaction violates these Terms or the Terms of Service, or if we believe doing so may prevent financial loss. We may also cancel any Gift Card Balance or Advertiser Balance accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behavior.


4. Payment limitations. In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, or limit funding instruments for a transaction, or limit your ability to make a payment, or deactivate your account.


5. Sharing of information. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.


6. Abandoned Property. If you leave a Gift Card Balance or Advertiser Balance unused for the period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if you delete your account and leave a Gift Card Balance or Advertiser Balance, or if we deactivate your account and you do not meet any conditions necessary to reinstate it within six (6) months, we may process your Gift Card Balance or Advertiser Balance in accordance with our legal obligations, including by submitting funds associated with your Gift Card Balance or Advertiser Balance to the appropriate governing body as required by law.

4. Disputes and Reversals

1. Customer assistance. Subject to Sections 4.2, 4.3, 4.4, and 4.5 below, we provide various tools in our Facebook Payments Support Center to assist you in communicating with a third party to resolve a dispute arising from a payment transaction.


2. No liability for underlying transaction. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased or over the donation you made, we have no liability for the goods or services underlying the transaction or for how the third party used your donation. Our only responsibility is to handle your payment transaction. All payments are final unless otherwise required by law. If you order something that becomes unavailable before it can be provided to you, you may request a refund of your payment.


3. Duty to notify us. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.


4. Intervention. We may intervene in disputes concerning payments that may arise between you and a developer, but we have no obligation to do so.


5. Technical difficulties. If you experience a technical failure or interruption of service that causes your payment to fail, you may request that your transaction be completed at a later time.

5. Notices and Amendments to These Terms

1. Notice to you. By using the Facebook Payments service, you agree that we may communicate with you electronically any important information regarding your payments or your account. We may also provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.


2. Notice to us. Except as otherwise stated, you must send notices to us relating to Facebook Payments and these Terms by postal mail to: Facebook, Attn: Legal Department, 1601 Willow Avenue, Menlo Park, California, 94025.


3. Governing terms. The Payments Terms in place at the time you confirm a transaction will govern that transaction.

6. Customer Complaints

1. Alaska users: If you have concerns with respect to the money transmission activities conducted via this website, you may contact the Alaska Division of Banking and Securities at 907-269-8140, or by mailing this form to 550 West 7th Avenue, Suite 1850, Anchorage, AK 99501.


2. California users: If you have complaints with respect to any aspect of the money transmission activities conducted via this website, you may contact the California Department of Business Oversight at its toll-free telephone number, 1-866-275-2677, by e-mail at consumer.services@dbo.ca.gov, or by mail at Department of Business Oversight, Consumer Services, 1515K Street, Suite 200, Sacramento, CA 95814.


3. Colorado users: Entities other than FDIC-insured financial institutions that conduct money transmission activities in Colorado, including the sale of money orders, transfer of funds, and other instruments for the payment of money or credit are required to be licensed by the Colorado Division of Banking pursuant to the Money Transmitters Act, Title 12, Article 52, Colorado Revised Statutes. If there are questions or concerns regarding a transaction with a licensee, please contact the Colorado Division of Banking at 303-894-7575 or by mail at: Colorado Division of Banking, 1560 Broadway, Suite 975, Denver, Colorado 80202. Consumer complaints should be in writing, providing as much detail as possible. Please include the following information. (1) The name of the institution and the name of any person(s) at the institution with whom the complainant has had contact. Include telephone number(s) and addresses. (2) A complete description of the complaint and any efforts that have been made to resolve the complaint directly with the institution. (3) Copies of any available documentation supporting the complaint and efforts toward resolution. (4) Any suggestions regarding a preferred resolution of the complaint.
   


4. Florida users: If you are a user in the State of Florida and you still have an unresolved complaint regarding Facebook Payments Inc.'s money transmission activity after first contacting Facebook Payments Inc., please direct your inquiry to: Florida Office of Financial Regulation, 200 E. Gaines Street, Tallahassee, FL 32399-0376, or at 1-800-848-3792.


5. Illinois users: If you are a user in the State of Illinois and you still have an unresolved complaint regarding Facebook Payments Inc.'s money transmission activity after first contacting Facebook Payments Inc., please direct your inquiry to: Illinois Department of Financial and Professional Regulation at 1-888-473-4858.


6. Maryland users: The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints from Maryland residents regarding Facebook Payments Inc., license number 9180, at Commissioner of Financial Regulation, Attention: Consumer Services Unit, 500 North Calvert Street, Suite 402, Baltimore, Maryland 21202. The Commissioner’s toll-free telephone number is: 1-888-784-0136.


7. New York users: Facebook Payments Inc. is licensed and regulated as a money transmitter by the New York State Department of Financial Services. New York customers can direct unresolved complaints to Consumer Assistance Unit, NYS Department of Financial Services, One Commerce Plaza, Albany, NY 12257, 1-877-BANK-NYS (1-877-226-5697), www.dfs.ny.gov/consumer/fileacomplaint.htm.


8. Texas users: If you have a complaint, first contact the consumer assistance division of Facebook Payments Inc. online at the Facebook Payments Support Center or through our automated toll-free Facebook Payments customer support line at 1-866-238-8605. If you still have an unresolved complaint regarding Facebook Payments Inc.'s money transmission or currency exchange activity, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll-free), www.dob.texas.gov.

7. Additional Terms

1. Conflict of terms. All of the commitments you make in the Facebook Terms of Service apply to your use of Facebook Payments. In the event of any conflict between these Terms and the Facebook Terms of Service, the Community Payments Terms shall prevail.


2. Conflict of laws. Some countries may restrict or prohibit your ability to make payments through Facebook Payments. Nothing in these Terms should be read to override or circumvent any such foreign laws.


3. Courtesy translations. These Terms were written in English (US). To the extent any translated version of these terms conflicts with the English version, the English version controls.


4. Trade sanctions. You must not use Facebook Payments in connection with activities, individuals, or entities that are located in a country or region that is embargoed by the United States or that would otherwise violate applicable U.S. or non-U.S. trade sanctions.


5. “Us”. Without limiting Section 7.1, above, the following are the entities to which “us,” “we,” “our,” or “Facebook” refer:
   1. If you are a resident of or have your principal place of business in the U.S. or Canada, these Payments Terms are between you and Facebook Payments Inc., a Florida corporation.
      1. To view Facebook Payments Inc.'s Privacy Policy, please visit https://www.facebook.com/payments_terms/privacy.
      2. Facebook Payments Inc. is licensed as a transmitter of money in various jurisdictions in the United States. To view Facebook Payments Inc.'s Money Transmitter Licenses, please visit https://www.facebook.com/payments_terms/licenses.
   2. If you are a resident of or have your principal place of business in a country other than the U.S. or Canada, these Payments Terms are between you and Facebook Payments International Ltd., a private limited company in the Republic of Ireland.
      1. However, if you are a resident of or have your principal place of business in Brazil, your payment may be taken directly by Facebook Online Serviços do Brasil Ltda in accordance with these Terms.
      2. In all cases, transactions using a Gift Card Balance as a payment method as contemplated in Section 2.5, above, are processed by Facebook Payments Inc., a Florida corporation.
      3. To view Facebook Payments International Ltd.'s Privacy Policy, please visit: www.facebook.com/payments_terms/EU_privacy
      4. Facebook Payments International Ltd. is regulated by the Central Bank of Ireland.