Terms of Service

By creating a Duet account or using the Duet service, you (“Merchant,” “you”) agree to these Terms of Service. If you use Duet on behalf of a business, you represent that you are authorized to bind that business to these Terms.

Duet is invoicing and dual-pricing software operated by AutomateWithUs (“Duet,” “we,” “us”). Duet helps you create, send, and track invoices and payment pages. Duet is not a bank, money transmitter, or payment processor, and we do not hold, move, or take custody of your funds.

All card and bank (ACH) payments collected through Duet are processed by Square, Inc. (“Square”). You must maintain your own Square account, and your use of Square is governed by Square’s own terms and policies. Square — not Duet — moves funds and deposits them into your bank account. We are not responsible for Square’s services, fees, holds, or decisions.

Duet supports dual pricing, where a card price and a cash/ACH price are presented to your customers. You are solely responsible for ensuring your pricing practices comply with applicable law, payment card network rules, and your agreement with Square. Duet provides tools, not legal or compliance advice.

Duet’s platform fee is 1% on card payments when you use dual pricing. Duet does not charge an additional fee on ACH, cash, or other offline payments. Square’s standard processing fees apply separately and are set by Square. We may change our fees with reasonable advance notice.

You must provide accurate information, keep your login credentials secure, and you are responsible for all activity under your account. You must be at least 18 years old and able to form a binding contract.

You control the customer and invoice information you enter into Duet. You are responsible for having the right to provide that information and for your communications with your customers. Our handling of information is described in our Privacy Policy.

You agree not to use Duet to:

• engage in unlawful, fraudulent, deceptive, or abusive activity;
• bill for goods or services prohibited by law or by Square;
• infringe the intellectual property or other rights of any person; or
• interfere with, disrupt, or attempt to gain unauthorized access to the service or its systems.

Duet is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted or error-free operation, and we may modify, suspend, or discontinue features at any time.

You may stop using Duet at any time. We may suspend or terminate your access if you violate these Terms or as needed to protect the service or other users. On termination, your right to use Duet ends, and any outstanding fees remain payable.

To the fullest extent permitted by law, Duet disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the fullest extent permitted by law, Duet’s total liability arising out of or relating to these Terms or the service will not exceed the greater of the fees you paid Duet in the three months before the claim or US$100. Duet will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data.

You agree to indemnify and hold Duet harmless from claims, losses, and expenses arising out of your use of the service, the content and pricing you configure, or your violation of these Terms or applicable law.

We may update these Terms. We will post the updated version with a new “Last updated” date and, for material changes, provide reasonable notice. Your continued use of Duet after changes take effect constitutes acceptance.

These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-laws rules.

The parties will first attempt to resolve any dispute informally by contacting each other. Any dispute not resolved informally will be settled by binding arbitration administered in [STATE], rather than in court, except that either party may bring an individual claim in small-claims court. To the extent permitted by law, you and Duet waive any right to a jury trial and to participate in a class or representative action.

Questions about these Terms can be sent to duet@automatewith.us.