| April 2, 2026 06:02 UTC | April 28, 2026 06:04 UTC | ||||
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| f | 1 | Cash App Logo | f | 1 | Cash App Logo |
| 2 | Cash App Terms of Service | 2 | Cash App Terms of Service | ||
| 3 | Effective: February 7, 2024 | 3 | Effective: February 7, 2024 | ||
| n | 4 | Last Updated: April 1, 2026 | n | 4 | Last Updated: April 27, 2026 |
| 5 | We’ve included annotations in the gray boxes below to emphasize certain portions | 5 | We’ve included annotations in the gray boxes below to emphasize certain portions | ||
| > | of our notice and help guide you as you read them. Annotations aren’t part of t | > | of our notice and help guide you as you read them. Annotations aren’t part of t | ||
| > | he terms and have no legal effect, but they should help you follow the text. | > | he terms and have no legal effect, but they should help you follow the text. | ||
| 6 | This page explains our terms for Cash App. By using the service, you agree to th | 6 | This page explains our terms for Cash App. By using the service, you agree to th | ||
| > | ese terms. If you use the service on behalf of your company, your company agrees | > | ese terms. If you use the service on behalf of your company, your company agrees | ||
| > | to them too. | > | to them too. | ||
| n | 7 | These Cash App Terms of Service (the “Cash App Terms”) are a legal agreement bet | n | 7 | These Cash App Terms of Service (the “Cash App Terms”) are a legal agreement bet |
| > | ween you, as a current or prospective user of the Services, and Block, Inc., for | > | ween you, as a current or prospective user of the Services, and Block, Inc., for | ||
| > | merly known as "Square, Inc." (hereafter, “the Company,” “we,” “our” or us”), an | > | merly known as "Square, Inc." (hereafter, “the Company,” “we,” “our” or us”), an | ||
| > | d governs your use of Cash App, a financial platform, which includes mobile appl | > | d governs your use of Cash App, a financial platform, which includes mobile appl | ||
| > | ications, websites, software, cloud-based solutions, and other products and serv | > | ications, websites, software, cloud-based solutions, and other products and serv | ||
| > | ices (the “Service”), offered by the Company. If you are using the Service on be | > | ices (the “Service”), offered by the Company. If you are using the Service on be | ||
| > | half of a business or entity, you acknowledge and agree that you have authority | > | half of a business or entity, you acknowledge and agree that you have authority | ||
| > | to bind such business or entity and that such business or entity accepts these t | > | to bind such business or entity and that such business or entity accepts these t | ||
| > | erms. By using the Service you agree to be bound by these Cash App Terms and any | > | erms. By using the Service you agree to be bound by these Cash App Terms and any | ||
| > | policies referenced within (“Policies”), including our Privacy Notice (see Sect | > | policies referenced within (“Policies”), including our Privacy Notice (see Sect | ||
| > | ion V.5) and Cash App Acceptable Use Policy (see Section XXII.5). | > | ion V.5) and Cash App Acceptable Use Policy (see Section XXIII.5). | ||
| 8 | As used throughout these terms, the phrase “Business Day” means all days of the | 8 | As used throughout these terms, the phrase “Business Day” means all days of the | ||
| > | week except Saturdays, Sundays, and federal holidays. | > | week except Saturdays, Sundays, and federal holidays. | ||
| n | 9 | Please note that you should review all Cash App Terms carefully, including those | n | 9 | Please note that you should review all Cash App Terms carefully, including those |
| > | provisions which limit our liability (see Section XXII.17) and those regarding | > | provisions which limit our liability (see Section XXIII.17) and those regarding | ||
| > | individual arbitration for potential legal disputes (see Sections XXII.19 and XX | > | individual arbitration for potential legal disputes (see Sections XXIII.19 and | ||
| > | II.20). | > | XXIII.20). | ||
| 10 | TABLE OF CONTENTS | 10 | TABLE OF CONTENTS | ||
| 11 | I. Account Opening Disclosures and Fees | 11 | I. Account Opening Disclosures and Fees | ||
| 12 | II. Revisions, Disclosures, and Notices | 12 | II. Revisions, Disclosures, and Notices | ||
| 28 | XVIII. Paper Money Deposit | 28 | XVIII. Paper Money Deposit | ||
| 29 | XIX. Cash App Green | 29 | XIX. Cash App Green | ||
| 30 | XX. Cash App Lending | 30 | XX. Cash App Lending | ||
| n | n | 31 | XXI. Cash App Credit Score | ||
| 31 | XXI. Generative AI Terms of Use | 32 | XXII. Generative AI Terms of Use | ||
| 32 | XXII. Other Legal Terms | 33 | XXIII. Other Legal Terms | ||
| 33 | XXIII. Contact Us | 34 | XXIV. Contact Us | ||
| 34 | I. Account Opening Disclosures and Fees | 35 | I. Account Opening Disclosures and Fees | ||
| 35 | 1. Stored Balance Disclosures (Prepaid Account) | 36 | 1. Stored Balance Disclosures (Prepaid Account) | ||
| 36 | List of All Fees for Cash App Balance (Prepaid Account) | 37 | List of All Fees for Cash App Balance (Prepaid Account) | ||
| 59 | Sending money using your Cash App Balance or debit card in the U.S. | 60 | Sending money using your Cash App Balance or debit card in the U.S. | ||
| 60 | $0 | 61 | $0 | ||
| 61 | Foreign Transaction Fee | 62 | Foreign Transaction Fee | ||
| n | 62 | Our Foreign Transaction Fee is 3%. If you (a) spend $500 or more in Qualifying P | n | 63 | Our Foreign Transaction Fee is 3%. If you (a) spend $500 or more in Qualifying P |
| > | urchases, or (b) receive $300 or more in Qualifying Deposits each month, we will | > | urchases, or (b) receive $300 or more in Qualifying Deposits each month, we will | ||
| > | waive our Foreign Transaction Fee until the end of the following calendar month | > | waive our Foreign Transaction Fee on card-present transactions only (i.e., in-p | ||
| > | . | > | erson card transactions) until the end of the following calendar month. | ||
| 63 | 3% | 64 | 3% | ||
| 64 | Sending money from your Cash App Balance using the Remittance Service | 65 | Sending money from your Cash App Balance using the Remittance Service | ||
| 65 | (bank transfer) | 66 | (bank transfer) | ||
| 117 | Per Purchase Fee | 118 | Per Purchase Fee | ||
| 118 | $0 | 119 | $0 | ||
| 119 | Foreign Transaction Fee | 120 | Foreign Transaction Fee | ||
| n | 120 | 3%* | n | 121 | 3.25%* |
| 121 | ATM Withdrawal | 122 | ATM Withdrawal | ||
| 122 | $2.50^ | 123 | $2.50^ | ||
| 123 | Paper Money Deposit | 124 | Paper Money Deposit | ||
| 131 | We charge two other types of fees. | 132 | We charge two other types of fees. | ||
| 132 | Add money from Credit Card: 3%** | 133 | Add money from Credit Card: 3%** | ||
| 133 | Instant Transfer: 0.5%-2.5% ($0.25-$1 min)** (the maximum fee shall not exceed $ | 134 | Instant Transfer: 0.5%-2.5% ($0.25-$1 min)** (the maximum fee shall not exceed $ | ||
| > | 75)** | > | 75)** | ||
| n | 134 | *This fee can be lower if you (a) spend $500 or more in Qualifying Purchases or | n | 135 | *This fee can be lower, subject to certain conditions. If you (a) spend $500 or |
| > | (b) receive $300 or more in Qualifying Deposits in any given month. “Qualifying | > | more in Qualifying Purchases or (b) receive $300 or more in Qualifying Deposits | ||
| > | Purchases” means all authorized, completed purchases made with your Cash App Car | > | each month, we will waive our ATM Withdrawals (in-network only), Paper Money Dep | ||
| > | d and/or with Cash App Pay, minus any refunds or returns; and “Qualifying Deposi | > | osit and Foreign Transaction Fees (card-present only) until the end of the follo | ||
| > | t” means (i) a direct deposit of payroll, pension or government benefits sent fr | > | wing calendar month. “Qualifying Purchases” means all authorized, completed purc | ||
| > | om your employer or a government agency via ACH transfer to your Cash App Balanc | > | hases made with your Cash App Card and/or with Cash App Pay, minus any refunds o | ||
| > | e and/or (ii) a deposit of payroll sent directly from your employer, contractee, | > | r returns; and “Qualifying Deposit” means (i) a direct deposit of payroll, pensi | ||
| > | or early wage access provider via Original Credit Transaction ("OCT") transfer | > | on or government benefits sent from your employer or a government agency via ACH | ||
| > | using your Cash App Card to your Cash App Balance. | > | transfer to your Cash App Balance and/or (ii) a deposit of payroll sent directl | ||
| > | y from your employer, contractee, or early wage access provider via Original Cre | ||||
| > | dit Transaction ("OCT") transfer using your Cash App Card to your Cash App Balan | ||||
| > | ce. | ||||
| 135 | **For these fees, Cash App uses banker’s rounding to round up or down to the pen | 136 | **For these fees, Cash App uses banker’s rounding to round up or down to the pen | ||
| > | ny, as applicable. Banker’s rounding rounds numbers ending in 5 to the nearest e | > | ny, as applicable. Banker’s rounding rounds numbers ending in 5 to the nearest e | ||
| > | ven integer. | > | ven integer. | ||
| 136 | ^This fee can be lower depending on how and where your Cash App Prepaid Card is | 137 | ^This fee can be lower depending on how and where your Cash App Prepaid Card is | ||
| > | used. | > | used. | ||
| 137 | No overdraft/credit feature. | 138 | No overdraft/credit feature. | ||
| 160 | Send via cash pickup | 161 | Send via cash pickup | ||
| 161 | If the transfer amount is $300 or more: $1.99 | 162 | If the transfer amount is $300 or more: $1.99 | ||
| 162 | If the transfer amount is less than $300: $3.98 | 163 | If the transfer amount is less than $300: $3.98 | ||
| n | 163 | *This fee can be lower if you (a) spend $500 or more in Qualifying Purchases or | n | 164 | *This fee can be lower, subject to certain conditions. If you (a) spend $500 or |
| > | (b) receive $300 or more in Qualifying Deposits in any given month, we will waiv | > | more in Qualifying Purchases or (b) receive $300 or more in Qualifying Deposits | ||
| > | e our Paper Money Deposit, ATM Withdrawals (in-network only), and Foreign Transa | > | each month, we will waive our Paper Money Deposit, ATM Withdrawals (in-network o | ||
| > | ction Fees until the end of the following calendar month. “Qualifying Purchases” | > | nly), and Foreign Transaction Fees (card-present only) until the end of the foll | ||
| > | and “Qualifying Deposits” are defined in Section XIX below. | > | owing calendar month. “Qualifying Purchases” and “Qualifying Deposits” are defin | ||
| > | ed in Section XIX below. | ||||
| 164 | **For these fees, Cash App uses banker’s rounding to round up or down to the pen | 165 | **For these fees, Cash App uses banker’s rounding to round up or down to the pen | ||
| > | ny, as applicable. Banker’s rounding rounds numbers ending in 5 to the nearest e | > | ny, as applicable. Banker’s rounding rounds numbers ending in 5 to the nearest e | ||
| > | ven integer. | > | ven integer. | ||
| 165 | If you have a Debit Flex Card or a Sponsored Account, or if you sponsor one or m | 166 | If you have a Debit Flex Card or a Sponsored Account, or if you sponsor one or m | ||
| > | ore Sponsored Accounts, your Cash App Balance and Savings Balance are eligible f | > | ore Sponsored Accounts, your Cash App Balance and Savings Balance are eligible f | ||
| > | or FDIC pass-through insurance through Wells Fargo Bank, N.A., Sutton, Bank and/ | > | or FDIC pass-through insurance through Wells Fargo Bank, N.A., Sutton, Bank and/ | ||
| > | or The Bancorp Bank, N.A., Members FDIC, for up to $250,000 per customer when ag | > | or The Bancorp Bank, N.A., Members FDIC, for up to $250,000 per customer when ag | ||
| > | gregated with all other deposits held in the same legal capacity at each bank ab | > | gregated with all other deposits held in the same legal capacity at each bank ab | ||
| > | ove, if certain conditions are met. The FDIC insures your balance only in the ev | > | ove, if certain conditions are met. The FDIC insures your balance only in the ev | ||
| > | ent that the banks identified above holding those funds fail. For more informati | > | ent that the banks identified above holding those funds fail. For more informati | ||
| > | on about FDIC-pass through insurance, see Section III(9) FDIC Pass-Through Insur | > | on about FDIC-pass through insurance, see Section III(9) FDIC Pass-Through Insur | ||
| > | ance. | > | ance. | ||
| 166 | If you don't have a Debit Flex Card, a Sponsored Account, or sponsor a Sponsored | 167 | If you don't have a Debit Flex Card, a Sponsored Account, or sponsor a Sponsored | ||
| > | Account, your Cash App Balance and Savings Balance are not protected by FDIC pa | > | Account, your Cash App Balance and Savings Balance are not protected by FDIC pa | ||
| > | ss-through insurance. | > | ss-through insurance. | ||
| 168 | II. Revisions, Disclosures and Notices | 169 | II. Revisions, Disclosures and Notices | ||
| 169 | We can make updates to the Terms at any time, and we’ll notify you of these upda | 170 | We can make updates to the Terms at any time, and we’ll notify you of these upda | ||
| > | tes as appropriate. By continuing to use our services after these updates, you a | > | tes as appropriate. By continuing to use our services after these updates, you a | ||
| > | gree to the revised terms. | > | gree to the revised terms. | ||
| 170 | You also agree to receive notices from us electronically. | 171 | You also agree to receive notices from us electronically. | ||
| n | 171 | We may amend these Cash App Terms at any time with notice that we deem to be rea | n | 172 | We may amend these Cash App Terms at any time with notice that we deem to be rea |
| > | sonable under the circumstances, by posting the revised version on our website, | > | sonable under the circumstances, by posting the revised version on our website, | ||
| > | or by communicating it to you through the Services (each a “Revised Version”). Y | > | or by communicating it to you through the Services (each a “Revised Version”). Y | ||
| > | our continued use of the Services after the posting of a Revised Version constit | > | our continued use of the Services after the posting of a Revised Version constit | ||
| > | utes your acceptance of such Revised Version. Any Dispute (as defined in Section | > | utes your acceptance of such Revised Version. Any Dispute (as defined in Section | ||
| > | XXII.19) that arose before the changes will be governed by the Cash App Terms i | > | XXIII.19) that arose before the changes will be governed by the Cash App Terms | ||
| > | n place when the Dispute arose. | > | in place when the Dispute arose. | ||
| 172 | You agree to Cash’s E-Sign Consent. We may provide disclosures and notices requi | 173 | You agree to Cash’s E-Sign Consent. We may provide disclosures and notices requi | ||
| > | red by law and other information about your Account (defined below) to you elect | > | red by law and other information about your Account (defined below) to you elect | ||
| > | ronically, at any time of day, including by posting it on our website, pushing n | > | ronically, at any time of day, including by posting it on our website, pushing n | ||
| > | otifications through the Services, or by emailing it to the email address listed | > | otifications through the Services, or by emailing it to the email address listed | ||
| > | in your Account. Electronic disclosures and notices have the same meaning and e | > | in your Account. Electronic disclosures and notices have the same meaning and e | ||
| > | ffect as if we had provided you with paper copies. Such disclosures and notices | > | ffect as if we had provided you with paper copies. Such disclosures and notices | ||
| > | are considered received by you within twenty-four (24) hours of the time posted | > | are considered received by you within twenty-four (24) hours of the time posted | ||
| > | to our website, or within twenty-four (24) hours of the time pushed or emailed t | > | to our website, or within twenty-four (24) hours of the time pushed or emailed t | ||
| > | o you. If you wish to withdraw your consent to receiving electronic communicatio | > | o you. If you wish to withdraw your consent to receiving electronic communicatio | ||
| > | ns, contact Cash App Support. If we are not able to support your request, you ma | > | ns, contact Cash App Support. If we are not able to support your request, you ma | ||
| > | y need to terminate your Account. | > | y need to terminate your Account. | ||
| 173 | III. Cash App Account | 174 | III. Cash App Account | ||
| 174 | 1. Eligibility and Account Registration | 175 | 1. Eligibility and Account Registration | ||
| 197 | Certain features of Cash App may be powered by artificial intelligence, includin | 198 | Certain features of Cash App may be powered by artificial intelligence, includin | ||
| > | g a conversational chat feature (AI-Powered Chat), or AI-powered interface displ | > | g a conversational chat feature (AI-Powered Chat), or AI-powered interface displ | ||
| > | ays (AI-Powered Interfaces). These AI-Powered features may display suggestions, | > | ays (AI-Powered Interfaces). These AI-Powered features may display suggestions, | ||
| > | potential actions, provide answers to questions, or route to existing Cash App f | > | potential actions, provide answers to questions, or route to existing Cash App f | ||
| > | unctionality. These AI-Powered Features are informational only and do not provid | > | unctionality. These AI-Powered Features are informational only and do not provid | ||
| > | e financial, investment, legal or tax advice. You remain responsible for reviewi | > | e financial, investment, legal or tax advice. You remain responsible for reviewi | ||
| > | ng and confirming all actions before execution, and no action will occur without | > | ng and confirming all actions before execution, and no action will occur without | ||
| > | your explicit confirmation. | > | your explicit confirmation. | ||
| 198 | 6. Sponsored Accounts | 199 | 6. Sponsored Accounts | ||
| 199 | a. Description and Eligibility | 200 | a. Description and Eligibility | ||
| n | 200 | i. Description. The Cash App Families program (“Families”) allows customers to c | n | 201 | i. Description. The Cash App Families program (“Families”) allows customers to c |
| > | reate and authorize usage of Accounts for minors (each such Account, a “Sponsore | > | reate and authorize usage of Accounts for minors (each such minor, a "Sponsored | ||
| > | d Account”, subject to the eligibility requirements and limitations set forth be | > | Person", and each such Account, a “Sponsored Account”), subject to the eligibili | ||
| > | low. “Teen” and “Child” (defined below) are collectively referred to as “Sponsor | > | ty requirements and limitations set forth below. “Teen” and “Child” (defined bel | ||
| > | ed Persons”. | > | ow) are collectively referred to as “Sponsored Persons”. Each individual minor m | ||
| > | ay only have one Sponsored Account at any one time. | ||||
| 201 | You will be required to attest to your relationship with any minor that you auth | 202 | You will be required to attest to your relationship with any minor that you auth | ||
| > | orize to use a Sponsored Account. Cash App may also require additional verificat | > | orize to use a Sponsored Account. Cash App may also require additional verificat | ||
| > | ion and qualifications, and may decline, or revoke at any time, authorization in | > | ion and qualifications, and may decline, or revoke at any time, authorization in | ||
| > | its sole discretion. | > | its sole discretion. You must be at least 15 years older than a Sponsored Perso | ||
| > | n to authorize their usage of a Sponsored Account. | ||||
| 202 | ii. Sponsored Accounts for Teens. If you are twenty eight (28) years of age or o | 203 | ii. Sponsored Accounts for Teens. You may, in our sole discretion, authorize the | ||
| > | lder, you may, in our sole discretion, authorize the usage of Sponsored Accounts | > | usage of Sponsored Accounts for minors who are thirteen (13) years of age or ol | ||
| > | for minors who are thirteen (13) years of age or older (each such individual, a | > | der (each such individual, a “Teen”). You must be at least fifteen (15) years ol | ||
| > | “Teen”). You must be at least fifteen (15) years older than a Teen to authorize | > | der than a Teen to authorize their usage of a Sponsored Account. By authorizing | ||
| > | their usage of a Sponsored Account. By authorizing a Teen’s usage of a Sponsore | > | a Teen’s usage of a Sponsored Account, you represent and warrant that you are ei | ||
| > | d Account, you represent and warrant that you are either (1) the Teen's biologic | > | ther (1) the Teen's biological or adoptive parent, or (2) the teen’s guardian (a | ||
| > | al or adoptive parent, or (2) the teen’s guardian (as defined below). | > | s defined below). | ||
| 203 | For purposes of authorizing a Sponsored Account for a Teen, a “guardian” is defi | 204 | For purposes of authorizing a Sponsored Account for a Teen, a “guardian” is defi | ||
| > | ned as a legal guardian, and as permitted by applicable law, (i) a foster parent | > | ned as a legal guardian, and as permitted by applicable law, (i) a foster parent | ||
| > | , (ii) a stepparent who resides in the same household as the Teen, or (iii) a gr | > | , (ii) a stepparent who resides in the same household as the Teen, or (iii) a gr | ||
| > | andparent who resides in the same household as the Teen. | > | andparent who resides in the same household as the Teen. | ||
| n | 204 | iii. Sponsored Accounts for Children. You may, in our sole discretion, create a | n | 205 | iii. Sponsored Accounts for Children. You may, in our sole discretion, create a |
| > | Sponsored Account for children who are six (6) to twelve (12) years of age (each | > | Sponsored Account for children who are six (6) to twelve (12) years of age (each | ||
| > | such individual, a “Child”). By authorizing a Sponsored Account for a Child, yo | > | such individual, a “Child”). A Sponsored Account for a Child may also be referr | ||
| > | u represent and warrant that you are either (1) the Child’s biological parent, o | > | ed to as a “managed account.” By authorizing a Sponsored Account for a Child, yo | ||
| > | r (2) the Child’s legal guardian. This feature is not currently available to res | > | u represent and warrant that you are either (1) the Child’s biological parent, o | ||
| > | idents of New York. | > | r (2) the Child’s legal guardian. This feature is not currently available to res | ||
| > | idents of New York. | ||||
| 205 | b. Ownership and Responsibility | 206 | b. Ownership and Responsibility | ||
| 206 | i. For purposes of the Cash App Terms, any reference to your “Account” includes | 207 | i. For purposes of the Cash App Terms, any reference to your “Account” includes | ||
| > | any associated Sponsored Accounts. You acknowledge that the Cash App Terms and P | > | any associated Sponsored Accounts. You acknowledge that the Cash App Terms and P | ||
| > | rivacy Notice will apply to you with respect to each Sponsored Account and to ea | > | rivacy Notice will apply to you with respect to each Sponsored Account and to ea | ||
| > | ch Sponsored Person, and you hereby accept all applicable terms and conditions o | > | ch Sponsored Person, and you hereby accept all applicable terms and conditions o | ||
| > | n behalf of each Sponsored Person and Sponsored Account. You agree to and accept | > | n behalf of each Sponsored Person and Sponsored Account. You agree to and accept | ||
| > | full responsibility and liability for the use of a Sponsored Account, including | > | full responsibility and liability for the use of a Sponsored Account, including | ||
| > | but not limited to (a) any transactions made by the Sponsored Account; (b) fees | > | but not limited to (a) any transactions made by the Sponsored Account; (b) fees | ||
| > | and charges resulting from any transaction made with the Sponsored Account; and | > | and charges resulting from any transaction made with the Sponsored Account; and | ||
| > | (c) any other claims or liabilities, including tax, that may be incurred in con | > | (c) any other claims or liabilities, including tax, that may be incurred in con | ||
| > | nection with use of a Sponsored Account. You further acknowledge that you, and n | > | nection with use of a Sponsored Account. You further acknowledge that you, and n | ||
| > | ot the Sponsored Person are the legal owner of the Sponsored Account, and that y | > | ot the Sponsored Person are the legal owner of the Sponsored Account, and that y | ||
| > | ou are responsible in full for all funds transferred to or held in the Cash App | > | ou are responsible in full for all funds transferred to or held in the Cash App | ||
| > | Balance and/or the Savings Balance, including any Savings Yield, as defined in t | > | Balance and/or the Savings Balance, including any Savings Yield, as defined in t | ||
| > | he Cash App Savings Terms of Service. | > | he Cash App Savings Terms of Service. | ||
| 207 | ii. By authorizing a Sponsored Account, you represent that you have permission t | 208 | ii. By authorizing a Sponsored Account, you represent that you have permission t | ||
| > | o allow us to use and share information about the Sponsored Person as described | > | o allow us to use and share information about the Sponsored Person as described | ||
| > | in the Privacy Notice and as allowed by applicable law. This includes informatio | > | in the Privacy Notice and as allowed by applicable law. This includes informatio | ||
| > | n we may get from you, any Sponsored Person, and information about their transac | > | n we may get from you, any Sponsored Person, and information about their transac | ||
| > | tions and use of a Sponsored Account. | > | tions and use of a Sponsored Account. | ||
| 213 | The Teen may request a new sponsor for the Sponsored Account subject to the requ | 214 | The Teen may request a new sponsor for the Sponsored Account subject to the requ | ||
| > | irements in the Cash App Terms and Privacy Notice. | > | irements in the Cash App Terms and Privacy Notice. | ||
| 214 | iii. Without limiting any other provision of these Cash App Terms, we may termin | 215 | iii. Without limiting any other provision of these Cash App Terms, we may termin | ||
| > | ate your Account if any Sponsored Person associated with you violates these Cash | > | ate your Account if any Sponsored Person associated with you violates these Cash | ||
| > | App Terms. | > | App Terms. | ||
| 215 | iv. If your authorization for a Sponsored Account for a Child is withdrawn or te | 216 | iv. If your authorization for a Sponsored Account for a Child is withdrawn or te | ||
| > | rminated for any reason, the Sponsored Account will be closed, and any funds in | > | rminated for any reason, the Sponsored Account will be closed, and any funds in | ||
| > | the Child’s Cash App Account will be transferred to your Account. | > | the Child’s Cash App Account will be transferred to your Account. | ||
| n | 216 | v. If the Sponsored Account is terminated, suspended or closed for any reason, w | n | 217 | v. If the Sponsored Account is terminated, suspended or closed for any reason, w |
| > | e may take the steps outlined in Sections XXII.9 (Termination of Account), XXII. | > | e may take the steps outlined in Sections XXIII.9 (Termination of Account), XXII | ||
| > | 10 (Effect of Termination), XXII.11 (Services Upon Closure of Account). | > | I.10 (Effect of Termination), XXIII.11 (Services Upon Closure of Account). | ||
| 217 | d. Feature Access | 218 | d. Feature Access | ||
| n | 218 | Sponsored Accounts will have access to certain Cash App features, such as Peer-t | n | 219 | Sponsored Accounts will have access to certain Cash App features, such as Peer-t |
| > | o-Peer Transactions and the Cash App Card. Sponsored Accounts may not have acces | > | o-Peer Transactions and the Cash App Card. Sponsored Accounts may not have acces | ||
| > | s to all Cash App features, or access to such features may be limited. To access | > | s to all Cash App features, or access to specific Cash App features may be subje | ||
| > | certain Cash App features like Savings Yield, you and the Sponsored Person may | > | ct to additional requirements, restrictions, and limitations; see the relevant s | ||
| > | be required to accept additional terms, provide further information to Cash App, | > | ections of these Cash App Terms for additional information. To access certain Ca | ||
| > | or open additional accounts with Cash App or its partners. | > | sh App features like Savings Yield, you and the Sponsored Person may be required | ||
| > | to accept additional terms, provide further information to Cash App, or open ad | ||||
| > | ditional accounts with Cash App or its partners. | ||||
| 220 | Sponsored Accounts for Children may offer a different feature availability than | ||||
| > | Sponsored Accounts for Teens. This may include limited (or no) access to the app | ||||
| > | -based features of Cash App. We reserve the right to modify the features availab | ||||
| > | le to any Sponsored Account in our sole discretion. | ||||
| 219 | When you authorize a Sponsored Account for a Teen, you also authorize that Teen | 221 | When you authorize a Sponsored Account for a Teen, you also authorize that Teen | ||
| > | to “Add Money” to the Sponsored Account as outlined in Section VI.2 (Funding You | > | to “Add Money” to the Sponsored Account as outlined in Section VI.2 (Funding You | ||
| > | r Cash App Balance.) To the extent an “Add Money” method is offered through a th | > | r Cash App Balance.) To the extent an “Add Money” method is offered through a th | ||
| > | ird party, you agree to and accept full responsibility for any Sponsored Person’ | > | ird party, you agree to and accept full responsibility for any Sponsored Person’ | ||
| > | s use of such service for the Sponsored Account. | > | s use of such service for the Sponsored Account. | ||
| 220 | e. Limits for Sponsored Accounts | 222 | e. Limits for Sponsored Accounts | ||
| n | 221 | We reserve the right to impose transaction limits and to restrict spending from | n | 223 | We reserve the right to impose transaction limits and to restrict spending from |
| > | Sponsored Accounts at specific merchants or industries at our sole discretion. T | > | Sponsored Accounts at specific merchants or industries at our sole discretion. | ||
| > | he maximum amount that can be added to a Sponsored Account Cash App Balance by d | ||||
| > | irect deposit or bank transfer is $5,000 per day, and $10,000 per rolling 30-day | ||||
| > | period. | ||||
| 222 | f. Account Graduation | 224 | f. Account Graduation | ||
| 223 | i. Once a Child reaches the age of 13, the Sponsored Account will be eligible, w | 225 | i. Once a Child reaches the age of 13, the Sponsored Account will be eligible, w | ||
| > | ith your authorization, to upgrade to additional features that are available to | > | ith your authorization, to upgrade to additional features that are available to | ||
| > | Teens. If the Sponsored Account is not upgraded by the time the Child is 16, the | > | Teens. If the Sponsored Account is not upgraded by the time the Child is 16, the | ||
| > | Sponsored Account will be closed. | > | Sponsored Account will be closed. | ||
| 224 | ii. You agree that any Sponsored Person who has reached the age of 18 is subject | 226 | ii. You agree that any Sponsored Person who has reached the age of 18 is subject | ||
| > | to the Account eligibility and identity verification provisions described in Se | > | to the Account eligibility and identity verification provisions described in Se | ||
| > | ction III.1 (Eligibility and Account Registration) above. Once we verify the Spo | > | ction III.1 (Eligibility and Account Registration) above. Once we verify the Spo | ||
| > | nsored Person's identity, a previously Sponsored Person will become the sole own | > | nsored Person's identity, a previously Sponsored Person will become the sole own | ||
| > | er of the Sponsored Account, including the sole owner of any funds or other asse | > | er of the Sponsored Account, including the sole owner of any funds or other asse | ||
| > | ts held in the Sponsored Account, including any interest credited to the account | > | ts held in the Sponsored Account, including any interest credited to the account | ||
| > | before and after Account Graduation, and any associated Cash App Card. | > | before and after Account Graduation, and any associated Cash App Card. | ||
| 252 | The Bancorp Bank, N.A., Member FDIC | 254 | The Bancorp Bank, N.A., Member FDIC | ||
| 253 | We may add or remove a Bank at any time and without notice. We will update this | 255 | We may add or remove a Bank at any time and without notice. We will update this | ||
| > | section to reflect any changes. | > | section to reflect any changes. | ||
| 254 | 10. Gift Cards | 256 | 10. Gift Cards | ||
| n | 255 | Sending and receiving a “Gift Card” for a designated merchant to a Recipient has | n | 257 | “Gift Cards” for a designated merchant to a Recipient have been discontinued. An |
| > | been discontinued. If you previously received a Gift Card, however, it remains | > | y existing Gift Card balance has been converted to its cash value equivalent and | ||
| > | valid and does not expire. To use a Gift Card, you must have a Cash App Account. | > | added to your Cash App Balance. | ||
| 256 | Gift Cards are not redeemable for cash value, except that Recipients with a Cash | ||||
| > | App Card may redeem the cash value of the Gift Card to their Cash App Balance o | ||||
| > | nce the Gift Card value falls below $10 (or $15 for Receipts in California). A G | ||||
| > | ift Card can only be used for purchases made with a Cash App Card at the designa | ||||
| > | ted merchant. | ||||
| 257 | IV. Communications and Devices | 258 | IV. Communications and Devices | ||
| 258 | Here’s where we describe our communications to you and your (i) consent to recei | 259 | Here’s where we describe our communications to you and your (i) consent to recei | ||
| > | ve texts from us and (ii) make representations regarding texts we send to others | > | ve texts from us and (ii) make representations regarding texts we send to others | ||
| > | relating to your payments. You also consent to us sending you email communicati | > | relating to your payments. You also consent to us sending you email communicati | ||
| > | ons. You can opt out of communications in ways that are specific to that communi | > | ons. You can opt out of communications in ways that are specific to that communi | ||
| > | cation method, such as by unsubscribing from emails, or replying to text message | > | cation method, such as by unsubscribing from emails, or replying to text message | ||
| > | s with ‘STOP’. | > | s with ‘STOP’. | ||
| 259 | 1. Text Messages and Other Communications | 260 | 1. Text Messages and Other Communications | ||
| 280 | We take security incredibly seriously, but can’t guarantee that bad actors will | 281 | We take security incredibly seriously, but can’t guarantee that bad actors will | ||
| > | not gain access to your personal information. You need to do your part by keepin | > | not gain access to your personal information. You need to do your part by keepin | ||
| > | g your passwords safe, being smart about who has access to your account and whic | > | g your passwords safe, being smart about who has access to your account and whic | ||
| > | h of your devices can access our services, and letting us know if you think an u | > | h of your devices can access our services, and letting us know if you think an u | ||
| > | nauthorized person is using your account. | > | nauthorized person is using your account. | ||
| 281 | If there is ever a dispute about who owns your account, we are the decider. | 282 | If there is ever a dispute about who owns your account, we are the decider. | ||
| 282 | We have implemented technical and organizational measures designed to secure you | 283 | We have implemented technical and organizational measures designed to secure you | ||
| > | r personal information from accidental loss and from unauthorized access, use, a | > | r personal information from accidental loss and from unauthorized access, use, a | ||
| > | lteration, or disclosure. However, we cannot guarantee that unauthorized third p | > | lteration, or disclosure. However, we cannot guarantee that unauthorized third p | ||
| > | arties will never be able to defeat those measures or use your personal informat | > | arties will never be able to defeat those measures or use your personal informat | ||
| > | ion for improper purposes. You provide your personal information at your own ris | > | ion for improper purposes. You provide your personal information at your own ris | ||
| > | k. | > | k. | ||
| n | 283 | You are solely responsible for safeguarding your password and for restricting ac | n | 284 | You are solely responsible for safeguarding your password and for restricting ac |
| > | cess to the Services from your compatible mobile devices, computers, or through | > | cess to the Services from your compatible mobile devices, computers, or through | ||
| > | remote access. You will immediately notify us of any unauthorized use of your pa | > | remote access. You will immediately notify us of any unauthorized use of your pa | ||
| > | ssword or Account or any other breach of security. Notwithstanding Sections XXII | > | ssword or Account or any other breach of security. Notwithstanding Sections XXII | ||
| > | .19 and XXII.20, in the event of any dispute between two or more parties as to a | > | I.19 and XXIII.20, in the event of any dispute between two or more parties as to | ||
| > | ccount ownership, we will be the sole arbiter of such dispute in our sole discre | > | account ownership, we will be the sole arbiter of such dispute in our sole disc | ||
| > | tion. Our decision (which may include termination or suspension of any Account s | > | retion. Our decision (which may include termination or suspension of any Account | ||
| > | ubject to dispute) will be final and binding on all parties. | > | subject to dispute) will be final and binding on all parties. | ||
| 284 | 3. Your License | 285 | 3. Your License | ||
| 285 | We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicen | 286 | We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicen | ||
| > | sable license to use the Services, as authorized in these Cash App Terms. We may | > | sable license to use the Services, as authorized in these Cash App Terms. We may | ||
| > | make updates to the Services available to you, which you must accept to continu | > | make updates to the Services available to you, which you must accept to continu | ||
| > | e using the Services. This means you must ensure that you are using the most rec | > | e using the Services. This means you must ensure that you are using the most rec | ||
| > | ent version of Cash App, which may require you to download and install updates m | > | ent version of Cash App, which may require you to download and install updates m | ||
| > | anually. Any such updates may be subject to additional terms made known to you a | > | anually. Any such updates may be subject to additional terms made known to you a | ||
| > | t that time. Your license includes access to any AI-Powered features made availa | > | t that time. Your license includes access to any AI-Powered features made availa | ||
| > | ble in the Services. Such features may evolve over time, and we may add, modify, | > | ble in the Services. Such features may evolve over time, and we may add, modify, | ||
| > | or suspend AI-Powered features at our discretion. | > | or suspend AI-Powered features at our discretion. | ||
| 286 | 4. Ownership | 287 | 4. Ownership | ||
| 312 | Bank account. You may link an external bank account (“External Bank Account”) fr | 313 | Bank account. You may link an external bank account (“External Bank Account”) fr | ||
| > | om which you may transfer funds to your Cash App Balance. By linking an External | > | om which you may transfer funds to your Cash App Balance. By linking an External | ||
| > | Bank Account, you represent and warrant that the account is a U.S. bank account | > | Bank Account, you represent and warrant that the account is a U.S. bank account | ||
| > | and that you are an authorized user on the External Bank Account. | > | and that you are an authorized user on the External Bank Account. | ||
| 313 | Debit card. You may link a debit card (“External Card”) from which you may trans | 314 | Debit card. You may link a debit card (“External Card”) from which you may trans | ||
| > | fer funds to your Cash App Balance. By linking an External Card, you represent a | > | fer funds to your Cash App Balance. By linking an External Card, you represent a | ||
| > | nd warrant that the card is valid and issued by a U.S. financial institution, th | > | nd warrant that the card is valid and issued by a U.S. financial institution, th | ||
| > | at it bears the Visa, MasterCard, or Discover logo and that you are an authorize | > | at it bears the Visa, MasterCard, or Discover logo and that you are an authorize | ||
| > | d user on the External Card. | > | d user on the External Card. | ||
| 314 | Your linked External Bank Accounts and External Cards are collectively referred | 315 | Your linked External Bank Accounts and External Cards are collectively referred | ||
| > | to as "Linked Accounts." The Company may settle any "Add Money" transfer from yo | > | to as "Linked Accounts." The Company may settle any "Add Money" transfer from yo | ||
| > | ur Linked Accounts using any electronic payment network or money movement system | > | ur Linked Accounts using any electronic payment network or money movement system | ||
| > | operating in the United States. | > | operating in the United States. | ||
| n | 315 | iii. Direct Deposit. You may direct payments made from your employer or otherwis | n | 316 | iii. Direct Deposit. You may direct payments made from your employer or otherwis |
| > | e to your Cash App Balance using the bank routing number and account number prov | > | e to your Cash App Balance using the bank routing number and account number prov | ||
| > | ided to you pursuant to the Cash App direct deposit program (the “Direct Deposit | > | ided to you pursuant to the Cash App direct deposit program (the “Direct Deposit | ||
| > | ”). Deposits made using such bank routing number and account number will be cred | > | ”). Deposits made using such bank routing number and account number will be cred | ||
| > | ited to your Cash App Balance for use in accordance with these Cash App Terms. T | > | ited to your Cash App Balance for use in accordance with these Cash App Terms. T | ||
| > | he maximum amount that can be added to your Cash App Balance by Direct Deposit i | > | he maximum amount that can be added to your Cash App Balance by Direct Deposit i | ||
| > | s $25,000 per transaction. | > | s $25,000 per transaction. The maximum amount that can be added to a Teen’s Spon | ||
| > | sored Account by Direct Deposit is $5,000 per day, and $10,000 per rolling 30-da | ||||
| > | y period. Sponsored Accounts for Children are not eligible to receive direct dep | ||||
| > | osits. | ||||
| 316 | iv. Mobile Check Capture. Subject to the Mobile Check Capture Section of these C | 317 | iv. Mobile Check Capture. Subject to the Mobile Check Capture Section of these C | ||
| > | ash App Terms, we may also offer the ability to use a check to load funds to you | > | ash App Terms, we may also offer the ability to use a check to load funds to you | ||
| > | r Cash App Balance. | > | r Cash App Balance. | ||
| 317 | v. Paper Money Deposit. Subject to the Paper Money Deposit terms (see Section XV | 318 | v. Paper Money Deposit. Subject to the Paper Money Deposit terms (see Section XV | ||
| > | III), we may also offer the ability to add cash to your Cash App Balance. | > | III), we may also offer the ability to add cash to your Cash App Balance. | ||
| 318 | e. Transferring Funds to Your Bank Account | 319 | e. Transferring Funds to Your Bank Account | ||
| 344 | The Limit is determined by Cash App in its sole discretion based on your account | 345 | The Limit is determined by Cash App in its sole discretion based on your account | ||
| > | history, direct deposit history, spending activity, and other risk-based factor | > | history, direct deposit history, spending activity, and other risk-based factor | ||
| > | s. Your Limit may be adjusted from time to time in Cash App’s sole discretion. Y | > | s. Your Limit may be adjusted from time to time in Cash App’s sole discretion. Y | ||
| > | our Limit may be increased or decreased at any time by Cash App and represents t | > | our Limit may be increased or decreased at any time by Cash App and represents t | ||
| > | he maximum amount by which you may overdraw on your Cash App Balance on Qualifyi | > | he maximum amount by which you may overdraw on your Cash App Balance on Qualifyi | ||
| > | ng Transactions. Any changes to your Limit will be communicated to you and also | > | ng Transactions. Any changes to your Limit will be communicated to you and also | ||
| > | displayed within your Cash App mobile application. | > | displayed within your Cash App mobile application. | ||
| 345 | Free Overdraft Coverage is only available for Qualifying Transactions. Other tra | 346 | Free Overdraft Coverage is only available for Qualifying Transactions. Other tra | ||
| > | nsactions will continue to be declined if there are insufficient funds in your C | > | nsactions will continue to be declined if there are insufficient funds in your C | ||
| > | ash App Balance. | > | ash App Balance. | ||
| 346 | b. Eligibility | 347 | b. Eligibility | ||
| n | 347 | Eligibility for Free Overdraft Coverage is determined by Cash App in its sole di | n | 348 | Eligibility for Free Overdraft Coverage is determined by Cash App in its sole di |
| > | scretion. Among other factors, to be eligible for Free Overdraft Coverage, you m | > | scretion. Among other factors, to be eligible for Free Overdraft Coverage, you m | ||
| > | ust be a Cash App Green customer as outlined in Section XIX of the Cash App Term | > | ust be a Cash App Green customer as outlined in Section XIX of the Cash App Term | ||
| > | s of Service in these terms. You must continue to qualify as a Cash App Green cu | > | s of Service in these terms. You must continue to qualify as a Cash App Green cu | ||
| > | stomer each month to maintain your enrollment in Free Overdraft Coverage. If you | > | stomer each month to maintain your enrollment in Free Overdraft Coverage. If you | ||
| > | no longer qualify for Cash App Green, Cash App will terminate your enrollment i | > | no longer qualify for Cash App Green, Cash App will terminate your enrollment i | ||
| > | n Free Overdraft Coverage and not approve any Qualifying Transactions that may r | > | n Free Overdraft Coverage and not approve any Qualifying Transactions that may r | ||
| > | esult in an overdraft balance. | > | esult in an overdraft balance. Sponsored Accounts are not eligible to enroll in | ||
| > | or use this feature. | ||||
| 348 | At any time, Cash App may in its sole discretion change the existing requirement | 349 | At any time, Cash App may in its sole discretion change the existing requirement | ||
| > | s or add additional requirements at any time that you must meet in order to enro | > | s or add additional requirements at any time that you must meet in order to enro | ||
| > | ll or continue to use Free Overdraft Coverage. | > | ll or continue to use Free Overdraft Coverage. | ||
| 349 | c. Fees | 350 | c. Fees | ||
| 350 | Cash App will not charge you any fees or interest to be eligible or to use Free | 351 | Cash App will not charge you any fees or interest to be eligible or to use Free | ||
| > | Overdraft Coverage. While there is no fee to use Free Overdraft Coverage, fees f | > | Overdraft Coverage. While there is no fee to use Free Overdraft Coverage, fees f | ||
| > | or related services continue to apply according to the terms associated with any | > | or related services continue to apply according to the terms associated with any | ||
| > | such services, including third-party fees that may apply to certain types of Ca | > | such services, including third-party fees that may apply to certain types of Ca | ||
| > | sh App Card transactions. | > | sh App Card transactions. | ||
| 427 | You acknowledge and agree that we will not be liable in any way for any P2P Paym | 428 | You acknowledge and agree that we will not be liable in any way for any P2P Paym | ||
| > | ents that you may receive, regardless of whether you authorized the Sender to se | > | ents that you may receive, regardless of whether you authorized the Sender to se | ||
| > | nd them to you. | > | nd them to you. | ||
| 428 | 11. Risk of Fraudulent Transactions | 429 | 11. Risk of Fraudulent Transactions | ||
| 429 | Be on the lookout for fraud and scams. While we make efforts to identify and red | 430 | Be on the lookout for fraud and scams. While we make efforts to identify and red | ||
| > | uce the impact of scams on our customers, you should be aware and vigilant that | > | uce the impact of scams on our customers, you should be aware and vigilant that | ||
| > | scams may result in the loss of your funds with no recourse. See Section XII, Tr | > | scams may result in the loss of your funds with no recourse. See Section XII, Tr | ||
| > | ansaction Information and Disputes for more information regarding errors and una | > | ansaction Information and Disputes for more information regarding errors and una | ||
| > | uthorized transactions on your account. | > | uthorized transactions on your account. | ||
| n | n | 431 | 12. Sponsored Accounts | ||
| 432 | By authorizing a Sponsored Account for a Teen, you authorize the Teen to send an | ||||
| > | d receive funds using the Peer-to-Peer Service, including participation in Pools | ||||
| > | . You may withdraw or limit this authorization at any time from your Account. | ||||
| 433 | By authorizing a Sponsored Account for a Child, you authorize the Child to recei | ||||
| > | ve funds from Senders selected by you using the Peer-to-Peer Service. Sponsored | ||||
| > | Accounts for Children will not have the ability to use the Peer-to-Peer Service | ||||
| > | to send funds. | ||||
| 430 | VIII. Cash App Card | 434 | VIII. Cash App Card | ||
| 431 | 1. Cash App Card Programs | 435 | 1. Cash App Card Programs | ||
| 432 | Cash App offers two card programs: the Cash App Visa® Prepaid Card program for P | 436 | Cash App offers two card programs: the Cash App Visa® Prepaid Card program for P | ||
| > | repaid Accounts (the “Prepaid Card”) and the Cash App Visa® Debit Flex Card prog | > | repaid Accounts (the “Prepaid Card”) and the Cash App Visa® Debit Flex Card prog | ||
| > | ram for Debit Flex Accounts (the “Debit Flex Card” and collectively with the Pre | > | ram for Debit Flex Accounts (the “Debit Flex Card” and collectively with the Pre | ||
| > | paid Card, the “Cash App Card”). Please see your cardholder agreement with the i | > | paid Card, the “Cash App Card”). Please see your cardholder agreement with the i | ||
| > | ssuing bank for the applicable terms for each program. Unless otherwise specifie | > | ssuing bank for the applicable terms for each program. Unless otherwise specifie | ||
| > | d, the term “Cash App Card” refers to both the Prepaid Card and the Debit Flex C | > | d, the term “Cash App Card” refers to both the Prepaid Card and the Debit Flex C | ||
| > | ard. | > | ard. | ||
| 531 | Only in the event that the Conversion Rate matches the Trigger Price (the “Trigg | 535 | Only in the event that the Conversion Rate matches the Trigger Price (the “Trigg | ||
| > | er Event”) will the contingent Buy or Sell transaction associated with your VC C | > | er Event”) will the contingent Buy or Sell transaction associated with your VC C | ||
| > | ustom Order execute. By initiating a VC Custom Order, you authorize the Company | > | ustom Order execute. By initiating a VC Custom Order, you authorize the Company | ||
| > | to place a Buy or Sell, as applicable, in the amount specified in the VC Custom | > | to place a Buy or Sell, as applicable, in the amount specified in the VC Custom | ||
| > | Order upon the occurrence of the Trigger Event. The Trigger Event is based exclu | > | Order upon the occurrence of the Trigger Event. The Trigger Event is based exclu | ||
| > | sively on the Conversion Rate, and we will determine when the Trigger Price is r | > | sively on the Conversion Rate, and we will determine when the Trigger Price is r | ||
| > | eached in our sole discretion. You acknowledge and agree that the Conversion Rat | > | eached in our sole discretion. You acknowledge and agree that the Conversion Rat | ||
| > | e is the sole metric used for purposes of determining whether the Trigger Event | > | e is the sole metric used for purposes of determining whether the Trigger Event | ||
| > | has occurred, and prices for Virtual Currency on other third party exchanges, ma | > | has occurred, and prices for Virtual Currency on other third party exchanges, ma | ||
| > | rkets, or otherwise are not considered or binding. Notwithstanding any prohibiti | > | rkets, or otherwise are not considered or binding. Notwithstanding any prohibiti | ||
| > | on on cancelations that may apply to the Virtual Currency Services in general, y | > | on on cancelations that may apply to the Virtual Currency Services in general, y | ||
| > | ou may cancel your VC Custom Order at any time prior to the occurrence of the Tr | > | ou may cancel your VC Custom Order at any time prior to the occurrence of the Tr | ||
| > | igger Event. We may cancel or modify any outstanding VC Custom Order at any time | > | igger Event. We may cancel or modify any outstanding VC Custom Order at any time | ||
| > | without notice to you, in our sole discretion. During the time that your VC Cus | > | without notice to you, in our sole discretion. During the time that your VC Cus | ||
| > | tom Order is pending and prior to its cancelation, expiration, or the occurrence | > | tom Order is pending and prior to its cancelation, expiration, or the occurrence | ||
| > | of the Trigger Event, the funds or Virtual Currency used to place the VC Custom | > | of the Trigger Event, the funds or Virtual Currency used to place the VC Custom | ||
| > | Order will not appear in your Cash App Balance or Hosted Balance, as applicable | > | Order will not appear in your Cash App Balance or Hosted Balance, as applicable | ||
| > | . If your VC Custom Order is canceled or expires, the funds or Virtual Currency, | > | . If your VC Custom Order is canceled or expires, the funds or Virtual Currency, | ||
| > | together with any fees, will be returned to your Cash App Balance or Hosted Bal | > | together with any fees, will be returned to your Cash App Balance or Hosted Bal | ||
| > | ance, as applicable. We will not be liable to you for any loss incurred as a res | > | ance, as applicable. We will not be liable to you for any loss incurred as a res | ||
| > | ult of the cancelation of your VC Custom Order. | > | ult of the cancelation of your VC Custom Order. | ||
| 532 | VC Custom Orders are an advanced order type; you should understand the risks of | 536 | VC Custom Orders are an advanced order type; you should understand the risks of | ||
| > | Virtual Currency transactions generally, and of placing advanced orders specific | > | Virtual Currency transactions generally, and of placing advanced orders specific | ||
| > | ally, before placing a VC Custom Order. If you choose to place a VC Custom Order | > | ally, before placing a VC Custom Order. If you choose to place a VC Custom Order | ||
| > | , you agree you do so at your own risk. Any outage or interruption to Cash App’s | > | , you agree you do so at your own risk. Any outage or interruption to Cash App’s | ||
| > | service availability more broadly (including as a result of a service interrupt | > | service availability more broadly (including as a result of a service interrupt | ||
| > | ion caused by a third party) may impact the time that you are able to initiate o | > | ion caused by a third party) may impact the time that you are able to initiate o | ||
| > | r cancel your VC Custom Order. We will not be liable to you in the event that yo | > | r cancel your VC Custom Order. We will not be liable to you in the event that yo | ||
| > | u are not able to place or cancel your VC Custom Order as a result of such outag | > | u are not able to place or cancel your VC Custom Order as a result of such outag | ||
| > | e or interruption to Cash App’s service availability. Please carefully review th | > | e or interruption to Cash App’s service availability. Please carefully review th | ||
| > | e Virtual Currency risk disclosures before placing any VC Custom Order. | > | e Virtual Currency risk disclosures before placing any VC Custom Order. | ||
| 533 | 15. Sponsored Accounts | 537 | 15. Sponsored Accounts | ||
| n | 534 | a. Authorization. You may enable use of Virtual Currency Services for Sponsored | n | 538 | a. Authorization. You may enable use of Virtual Currency Services for Sponsored |
| > | Accounts, provided your Account is authorized for Virtual Currency Services. | > | Accounts for Teens, provided your Account is authorized for Virtual Currency Ser | ||
| > | vices. You may not enable use of Virtual Currency Services for Sponsored Account | ||||
| > | s for Children. | ||||
| 535 | b. Ownership and Responsibility. You, and not the Sponsored Account, are the own | 539 | b. Ownership and Responsibility. You, and not the Sponsored Account, are the own | ||
| > | er of any Virtual Currency held in a Sponsored Account, and all assets or liabil | > | er of any Virtual Currency held in a Sponsored Account, and all assets or liabil | ||
| > | ities related to Virtual Currency held by the Sponsored Account are yours and no | > | ities related to Virtual Currency held by the Sponsored Account are yours and no | ||
| > | t the Sponsored Person’s. You will be responsible for any losses incurred by a S | > | t the Sponsored Person’s. You will be responsible for any losses incurred by a S | ||
| > | ponsored Account, and Cash App will not reimburse or otherwise remedy any losses | > | ponsored Account, and Cash App will not reimburse or otherwise remedy any losses | ||
| > | incurred or caused by a Sponsored Account. You are responsible in full for the | > | incurred or caused by a Sponsored Account. You are responsible in full for the | ||
| > | use of the Sponsored Account, including any obligations or liabilities incurred | > | use of the Sponsored Account, including any obligations or liabilities incurred | ||
| > | by it. You are responsible for any tax consequences of the use of Virtual Curren | > | by it. You are responsible for any tax consequences of the use of Virtual Curren | ||
| > | cy Services by the Sponsored Account. Upon the sale of any Virtual Currency, the | > | cy Services by the Sponsored Account. Upon the sale of any Virtual Currency, the | ||
| > | proceeds of such sale will be owned by the Sponsored Account, and not you. | > | proceeds of such sale will be owned by the Sponsored Account, and not you. | ||
| 536 | c. Authorization. If enabled by you to use Virtual Currency Services, the Sponso | 540 | c. Authorization. If enabled by you to use Virtual Currency Services, the Sponso | ||
| > | red Account will be allowed to transact in Virtual Currency in the same manner a | > | red Account will be allowed to transact in Virtual Currency in the same manner a | ||
| > | s your Account, though subject to certain limits (see below for more detail). By | > | s your Account, though subject to certain limits (see below for more detail). By | ||
| > | enabling Virtual Currency Services for a Sponsored Account, you authorize, cons | > | enabling Virtual Currency Services for a Sponsored Account, you authorize, cons | ||
| > | ent to, and approve of the Sponsored Person having general discretionary control | > | ent to, and approve of the Sponsored Person having general discretionary control | ||
| > | of the Virtual Currency in the Sponsored Account, including the ability to sell | > | of the Virtual Currency in the Sponsored Account, including the ability to sell | ||
| > | the Virtual Currency. The Sponsored Account will be able to access, transact in | > | the Virtual Currency. The Sponsored Account will be able to access, transact in | ||
| > | , and buy and sell Virtual Currency without prior approval from, or notice to, y | > | , and buy and sell Virtual Currency without prior approval from, or notice to, y | ||
| > | ou. Only the Sponsored Person may be able to access or transact using the Sponso | > | ou. Only the Sponsored Person may be able to access or transact using the Sponso | ||
| > | red Account; you may not be permitted to make any transactions in the Sponsored | > | red Account; you may not be permitted to make any transactions in the Sponsored | ||
| > | Account (aside from requesting that the Sponsored Account be closed or liquidate | > | Account (aside from requesting that the Sponsored Account be closed or liquidate | ||
| > | d). The Sponsored Person’s actions with respect to the Sponsored Account will ha | > | d). The Sponsored Person’s actions with respect to the Sponsored Account will ha | ||
| > | ve the same force and effect as if you had done them yourself, and therefore we | > | ve the same force and effect as if you had done them yourself, and therefore we | ||
| > | are allowed to rely on any instruction to us by the Sponsored Person regarding t | > | are allowed to rely on any instruction to us by the Sponsored Person regarding t | ||
| > | he Sponsored Account. You understand and acknowledge that all actions taken, inc | > | he Sponsored Account. You understand and acknowledge that all actions taken, inc | ||
| > | luding the trades placed by the Sponsored Person are at your own risk. You are a | > | luding the trades placed by the Sponsored Person are at your own risk. You are a | ||
| > | ble to revoke this authorization at any time either in-app or by contacting us. | > | ble to revoke this authorization at any time either in-app or by contacting us. | ||
| 537 | d. Supervision. You are responsible for the activity of any Sponsored Account, i | 541 | d. Supervision. You are responsible for the activity of any Sponsored Account, i | ||
| > | ncluding for any losses that may be incurred and for ensuring that activity in t | > | ncluding for any losses that may be incurred and for ensuring that activity in t | ||
| > | he Sponsored Account complies with these Cash App Terms. It is your responsibili | > | he Sponsored Account complies with these Cash App Terms. It is your responsibili | ||
| > | ty to promptly review the Sponsored Account’s activity and to contact us immedia | > | ty to promptly review the Sponsored Account’s activity and to contact us immedia | ||
| > | tely in the event that you have any questions or concerns. It is your responsibi | > | tely in the event that you have any questions or concerns. It is your responsibi | ||
| > | lity to take action, either in-app or by contacting us, to suspend or revoke a S | > | lity to take action, either in-app or by contacting us, to suspend or revoke a S | ||
| > | ponsored Person’s access to a Sponsored Account. We will not monitor or supervis | > | ponsored Person’s access to a Sponsored Account. We will not monitor or supervis | ||
| > | e the Sponsored Account’s activity. | > | e the Sponsored Account’s activity. | ||
| 546 | Cash App may provide a feature that allows you to view a map showing businesses | 550 | Cash App may provide a feature that allows you to view a map showing businesses | ||
| > | that accept bitcoin payments (the “Bitcoin Merchant Map”). This feature is power | > | that accept bitcoin payments (the “Bitcoin Merchant Map”). This feature is power | ||
| > | ed by a third-party service provider, BTCmap.org, and includes information about | > | ed by a third-party service provider, BTCmap.org, and includes information about | ||
| > | both Square Sellers and other businesses. Cash App and Block make no representa | > | both Square Sellers and other businesses. Cash App and Block make no representa | ||
| > | tions or warranties regarding the accuracy, completeness, or reliability of any | > | tions or warranties regarding the accuracy, completeness, or reliability of any | ||
| > | information displayed on the Bitcoin Merchant Map, including whether any listed | > | information displayed on the Bitcoin Merchant Map, including whether any listed | ||
| > | business in fact accepts bitcoin or continues to operate. The inclusion of any b | > | business in fact accepts bitcoin or continues to operate. The inclusion of any b | ||
| > | usiness on the map does not constitute an endorsement, affiliation, or partnersh | > | usiness on the map does not constitute an endorsement, affiliation, or partnersh | ||
| > | ip between Cash App, Block, and any such business. You acknowledge that your int | > | ip between Cash App, Block, and any such business. You acknowledge that your int | ||
| > | eractions with any business shown on the Bitcoin Merchant Map are solely between | > | eractions with any business shown on the Bitcoin Merchant Map are solely between | ||
| > | you and that business. | > | you and that business. | ||
| 547 | X. Cash App Investing | 551 | X. Cash App Investing | ||
| 548 | Cash App Investing LLC is a FINRA registered broker-dealer and subsidiary of the | 552 | Cash App Investing LLC is a FINRA registered broker-dealer and subsidiary of the | ||
| > | Company (“Cash App Investing”). If you choose to use brokerage services provide | > | Company (“Cash App Investing”). If you choose to use brokerage services provide | ||
| > | d by Cash App Investing LLC, you must open a brokerage account with Cash App Inv | > | d by Cash App Investing LLC, you must open a brokerage account with Cash App Inv | ||
| > | esting and agree to Cash App Investing’s Terms and Conditions for such an accoun | > | esting and agree to Cash App Investing’s Terms and Conditions for such an accoun | ||
| > | t. By using any Cash App Investing services, you authorize and instruct us to fo | > | t. By using any Cash App Investing services, you authorize and instruct us to fo | ||
| > | llow any instructions provided to us by Cash App Investing on your behalf regard | > | llow any instructions provided to us by Cash App Investing on your behalf regard | ||
| > | ing the transmission or receipt of any funds in your Cash App Balance. | > | ing the transmission or receipt of any funds in your Cash App Balance. | ||
| n | 549 | Cash App Investing’s Disclosures are hereby incorporated into the Cash App Terms | n | 553 | Cash App Investing’s Disclosures are hereby incorporated into the Cash App Terms |
| > | of Service. These disclosures apply to any Cash App messaging or services that | > | of Service. These disclosures apply to any Cash App messaging or services that | ||
| > | mention, involve, or otherwise interact with Cash App Investing’s services, such | > | mention, involve, or otherwise interact with Cash App Investing’s services, such | ||
| > | as the AI Products defined within Section XXI of the Cash App Terms of Service, | > | as the AI Products defined within Section XXII of the Cash App Terms of Service | ||
| > | regardless of whether you have a Cash App Investing account at the time. By usi | > | , regardless of whether you have a Cash App Investing account at the time. By us | ||
| > | ng Cash App and/or Cash App Investing services, including the AI Products descri | > | ing Cash App and/or Cash App Investing services, including the AI Products descr | ||
| > | bed in Section XXI, you agree and acknowledge these disclosures. | > | ibed in Section XXII, you agree and acknowledge these disclosures. | ||
| 550 | XI. Cash App Business Account | 554 | XI. Cash App Business Account | ||
| 551 | 1. Opening a Cash App Business Account | 555 | 1. Opening a Cash App Business Account | ||
| 552 | If you are a seller of goods or services, you may open, use, or switch to a “Cas | 556 | If you are a seller of goods or services, you may open, use, or switch to a “Cas | ||
| > | h App Business Account.” Your Cash App Business Account will be marked with an i | > | h App Business Account.” Your Cash App Business Account will be marked with an i | ||
| > | nsignia or you will otherwise be designated as having a business account. You mu | > | nsignia or you will otherwise be designated as having a business account. You mu | ||
| > | st have a Prepaid Account or Debit Flex Account to open or have a Cash App Busin | > | st have a Prepaid Account or Debit Flex Account to open or have a Cash App Busin | ||
| > | ess Account and you may be asked for additional identification information and A | > | ess Account and you may be asked for additional identification information and A | ||
| > | ccount Information to open, use, or switch to a Cash App Business Account. | > | ccount Information to open, use, or switch to a Cash App Business Account. | ||
| 554 | 2. Cash App Business Terms | 558 | 2. Cash App Business Terms | ||
| 555 | By opening, using, or switching to a Cash App Business Account, you accept and a | 559 | By opening, using, or switching to a Cash App Business Account, you accept and a | ||
| > | gree to the Cash App Business Terms (the “Cash App Business Terms”). Your access | > | gree to the Cash App Business Terms (the “Cash App Business Terms”). Your access | ||
| > | to and use of your Cash App Business Account and any related services, features | > | to and use of your Cash App Business Account and any related services, features | ||
| > | , and functionality (collectively, the “Business Services”) is governed by the C | > | , and functionality (collectively, the “Business Services”) is governed by the C | ||
| > | ash App Business Terms. | > | ash App Business Terms. | ||
| 556 | 3. Eligibility and Feature Availability | 560 | 3. Eligibility and Feature Availability | ||
| n | 557 | In order to switch to or open a Cash App Business Account, you may be required t | n | 561 | In order to switch to or open a Cash App Business Account, you may be required t |
| > | o provide certain information about you or your business or legal entity in orde | > | o provide certain information about you or your business or legal entity in orde | ||
| > | r to verify and approve the account. We may, in our sole discretion, determine t | > | r to verify and approve the account. We may, in our sole discretion, determine t | ||
| > | he types of businesses and legal entities that are eligible for a Cash App Busin | > | he types of businesses and legal entities that are eligible for a Cash App Busin | ||
| > | ess Account. Certain types of businesses, associations, or legal entities may no | > | ess Account. Certain types of businesses, associations, or legal entities may no | ||
| > | t be supported or may have limited access to Cash App features. | > | t be supported or may have limited access to Cash App features. Sponsored Accoun | ||
| > | ts are not eligible to switch to a Cash App Business Account, and Sponsored Pers | ||||
| > | ons may not open a Cash App Business Account. | ||||
| 558 | We may, in our sole discretion, determine which Cash App features Cash App Busin | 562 | We may, in our sole discretion, determine which Cash App features Cash App Busin | ||
| > | ess Accounts are eligible for and we may modify eligibility at any time, for any | > | ess Accounts are eligible for and we may modify eligibility at any time, for any | ||
| > | reason. If you switch or upgrade a Cash App Account to a Cash App Business Acco | > | reason. If you switch or upgrade a Cash App Account to a Cash App Business Acco | ||
| > | unt, you may lose access to certain Cash App features and may be forced to liqui | > | unt, you may lose access to certain Cash App features and may be forced to liqui | ||
| > | date or transfer assets held in your Cash App Account. | > | date or transfer assets held in your Cash App Account. | ||
| 559 | 4. Our Fees for Transaction Processing | 563 | 4. Our Fees for Transaction Processing | ||
| 560 | If you have a Cash App Business Account, we will charge you a transaction proces | 564 | If you have a Cash App Business Account, we will charge you a transaction proces | ||
| > | sing fee, depositing the balance of payments from your customers into your Cash | > | sing fee, depositing the balance of payments from your customers into your Cash | ||
| > | App Balance. You authorize us to process your transactions as an agent on your b | > | App Balance. You authorize us to process your transactions as an agent on your b | ||
| > | ehalf. You allow us to void transactions if we believe that a chargeback for the | > | ehalf. You allow us to void transactions if we believe that a chargeback for the | ||
| > | transactions will occur. | > | transactions will occur. | ||
| 709 | The check has not been dishonored previously, nor are you aware of any reason to | 713 | The check has not been dishonored previously, nor are you aware of any reason to | ||
| > | believe that the check will be dishonored (e.g., you have been told that the ma | > | believe that the check will be dishonored (e.g., you have been told that the ma | ||
| > | ker of the check does not have enough money in the account to cover the check); | > | ker of the check does not have enough money in the account to cover the check); | ||
| > | and | > | and | ||
| 710 | The check otherwise complies with any requirements or conditions listed on the c | 714 | The check otherwise complies with any requirements or conditions listed on the c | ||
| > | heck. | > | heck. | ||
| 711 | Certain items will not be accepted as Eligible Checks, including, but not limite | 715 | Certain items will not be accepted as Eligible Checks, including, but not limite | ||
| > | d to: credit card checks, trust checks, estate checks, and checks payable to a b | > | d to: credit card checks, trust checks, estate checks, and checks payable to a b | ||
| > | usiness (including sole proprietorship accounts). | > | usiness (including sole proprietorship accounts). | ||
| n | n | 716 | Sponsored Accounts are not eligible to use Mobile Check Capture Services. | ||
| 712 | 3. Representations and Warranties | 717 | 3. Representations and Warranties | ||
| 713 | Each time that you submit an Electronic Check with Mobile Check Capture, you rep | 718 | Each time that you submit an Electronic Check with Mobile Check Capture, you rep | ||
| > | resent and warrant to us that all of the following are true: | > | resent and warrant to us that all of the following are true: | ||
| 714 | a. The check that you are using to create the Electronic Check is an Eligible Ch | 719 | a. The check that you are using to create the Electronic Check is an Eligible Ch | ||
| > | eck (i.e., it meets all of the eligibility criteria listed above) as of the time | > | eck (i.e., it meets all of the eligibility criteria listed above) as of the time | ||
| > | that you submit the Electronic Check with Mobile Check Capture; b. All of the i | > | that you submit the Electronic Check with Mobile Check Capture; b. All of the i | ||
| > | nformation you submit to us in connection with the Electronic Check (such as the | > | nformation you submit to us in connection with the Electronic Check (such as the | ||
| > | check amount that you input manually) is true, accurate, and complete; c. The i | > | check amount that you input manually) is true, accurate, and complete; c. The i | ||
| > | nformation in the Electronic Check is clear, legible, and accurate, including (b | > | nformation in the Electronic Check is clear, legible, and accurate, including (b | ||
| > | ut not limited to) all of the following information: | > | ut not limited to) all of the following information: | ||
| 762 | 1. General. Cash App offers you, if eligible, the ability to add cash (United St | 767 | 1. General. Cash App offers you, if eligible, the ability to add cash (United St | ||
| > | ates dollars) to your Cash App Balance at certain participating retailers (“Pape | > | ates dollars) to your Cash App Balance at certain participating retailers (“Pape | ||
| > | r Money Deposit”), subject to certain daily and periodic transaction and account | > | r Money Deposit”), subject to certain daily and periodic transaction and account | ||
| > | limits (the “Limits”). | > | limits (the “Limits”). | ||
| 763 | The Limits are determined by Cash App in its sole discretion based on your accou | 768 | The Limits are determined by Cash App in its sole discretion based on your accou | ||
| > | nt history, direct deposit history, spending activity, and other risk-based fact | > | nt history, direct deposit history, spending activity, and other risk-based fact | ||
| > | ors. The Limits may be adjusted from time to time in Cash App’s sole discretion. | > | ors. The Limits may be adjusted from time to time in Cash App’s sole discretion. | ||
| > | The Limits may be increased or decreased at any time by Cash App and represent | > | The Limits may be increased or decreased at any time by Cash App and represent | ||
| > | the maximum amount you may add to your Cash App Balance using Paper Money Deposi | > | the maximum amount you may add to your Cash App Balance using Paper Money Deposi | ||
| > | t. Any changes to the Limits will be communicated to you at our discretion and a | > | t. Any changes to the Limits will be communicated to you at our discretion and a | ||
| > | s required by law, and will also be displayed within your Cash App mobile applic | > | s required by law, and will also be displayed within your Cash App mobile applic | ||
| > | ation. Retailers may also impose a minimum transaction limit of $5 or $20, and t | > | ation. Retailers may also impose a minimum transaction limit of $5 or $20, and t | ||
| > | hat limit may vary based on whether you attempt to add cash using your Cash App | > | hat limit may vary based on whether you attempt to add cash using your Cash App | ||
| > | Card or a barcode generated by the mobile application. | > | Card or a barcode generated by the mobile application. | ||
| 764 | 2. Use. Subject to availability, you may use Paper Money Deposit either by gener | 769 | 2. Use. Subject to availability, you may use Paper Money Deposit either by gener | ||
| > | ating a barcode within the Cash App mobile application for a participating retai | > | ating a barcode within the Cash App mobile application for a participating retai | ||
| > | ler to scan, or by swiping your active physical Cash App Card at a participating | > | ler to scan, or by swiping your active physical Cash App Card at a participating | ||
| > | retailer. Depending on the retailer and the amount of the transaction, you may | > | retailer. Depending on the retailer and the amount of the transaction, you may | ||
| > | be asked to present proof of identity (e.g., driver’s license, passport, or othe | > | be asked to present proof of identity (e.g., driver’s license, passport, or othe | ||
| > | r state or federal identification), physical Cash App Card, or other documentati | > | r state or federal identification), physical Cash App Card, or other documentati | ||
| > | on when using Paper Money Deposit. | > | on when using Paper Money Deposit. | ||
| n | 765 | 3. Eligibility. Eligibility for Paper Money Deposit is determined by Cash App in | n | 770 | 3. Eligibility. Eligibility for Paper Money Deposit is determined by Cash App in |
| > | its sole discretion. Sponsored Persons are able to use Paper Money Deposit only | > | its sole discretion. Teens are able to use Paper Money Deposit only if the spon | ||
| > | if the sponsor of their Sponsored Account is eligible to use Paper Money Deposi | > | sor of their Sponsored Account is eligible to use Paper Money Deposit. Sponsored | ||
| > | t. Cash App may, at any time and in its sole discretion, change the existing req | > | Accounts for Children are not eligible for Paper Money Deposit, even if the spo | ||
| > | uirements or add additional requirements that you must meet in order to enroll i | > | nsor of the Sponsored Account is eligible. Cash App may, at any time and in its | ||
| > | n or continue to use Paper Money Deposit. | > | sole discretion, change the existing requirements or add additional requirements | ||
| > | that you must meet in order to enroll in or continue to use Paper Money Deposit | ||||
| > | . | ||||
| 766 | 4. Fees. 4. Fees. The fee for Paper Money Deposit is $1 per transaction. If you | 771 | 4. Fees. 4. Fees. The fee for Paper Money Deposit is $1 per transaction. If you | ||
| > | qualify for Cash App Green, as defined in Section XIX of the Cash App Terms of S | > | qualify for Cash App Green, as defined in Section XIX of the Cash App Terms of S | ||
| > | ervice. Cash App will waive the Paper Money Deposit Fee until the end of the fol | > | ervice. Cash App will waive the Paper Money Deposit Fee until the end of the fol | ||
| > | lowing calendar month. Any fee will be deducted from the transaction amount. For | > | lowing calendar month. Any fee will be deducted from the transaction amount. For | ||
| > | example, if you deposit $10 using Paper Money Deposit and are assessed the $1 f | > | example, if you deposit $10 using Paper Money Deposit and are assessed the $1 f | ||
| > | ee, your Cash App Balance will be credited $9 once the transaction is completed. | > | ee, your Cash App Balance will be credited $9 once the transaction is completed. | ||
| 767 | 5. Cancellation. Cash App may suspend or terminate your use of Paper Money Depos | 772 | 5. Cancellation. Cash App may suspend or terminate your use of Paper Money Depos | ||
| > | it for any reason in its discretion. Unless otherwise outlined in this Agreement | > | it for any reason in its discretion. Unless otherwise outlined in this Agreement | ||
| > | or otherwise required by law, you agree that Cash App will not be liable to you | > | or otherwise required by law, you agree that Cash App will not be liable to you | ||
| > | or any third-party for any costs, fees, or losses associated with the terminati | > | or any third-party for any costs, fees, or losses associated with the terminati | ||
| > | on of your access to Paper Money Deposit, including, but not limited to, insuffi | > | on of your access to Paper Money Deposit, including, but not limited to, insuffi | ||
| > | cient funds fees, late fees, legal fees or other charges. For more information o | > | cient funds fees, late fees, legal fees or other charges. For more information o | ||
| > | n your right to request transaction information or to report errors on your Acco | > | n your right to request transaction information or to report errors on your Acco | ||
| > | unt, see Section XII (Transaction Information and Disputes). | > | unt, see Section XII (Transaction Information and Disputes). | ||
| 768 | XIX. Cash App Green | 773 | XIX. Cash App Green | ||
| 772 | Unless otherwise provided, Qualifying Deposits and Qualifying Purchases cannot b | 777 | Unless otherwise provided, Qualifying Deposits and Qualifying Purchases cannot b | ||
| > | e combined for purposes of CAG eligibility. Sponsored Persons must take the qual | > | e combined for purposes of CAG eligibility. Sponsored Persons must take the qual | ||
| > | ifying actions outlined above using their Sponsored Account to be eligible for C | > | ifying actions outlined above using their Sponsored Account to be eligible for C | ||
| > | AG benefits. | > | AG benefits. | ||
| 773 | CAG Benefits: Customers who qualify for CAG will receive the following benefits | 778 | CAG Benefits: Customers who qualify for CAG will receive the following benefits | ||
| > | until the end of the following calendar month: | > | until the end of the following calendar month: | ||
| 774 | In-network ATMs: withdrawals fees using your Cash App Card will be reimbursed, | 779 | In-network ATMs: withdrawals fees using your Cash App Card will be reimbursed, | ||
| n | 775 | Foreign transactions: Cash App Card Foreign Transaction Fees will be waived, | n | 780 | Foreign transactions: Cash App Card Foreign Transaction Fees for card-present tr |
| > | ansactions only will be waived, | ||||
| 776 | Paper Money Deposit: Paper Money Deposit Fees will be waived. For more informati | 781 | Paper Money Deposit: Paper Money Deposit Fees will be waived. For more informati | ||
| > | on on Paper Money Deposits, see Section XVIII. Paper Money Deposit. | > | on on Paper Money Deposits, see Section XVIII. Paper Money Deposit. | ||
| 777 | Free Overdraft: you will have access to Free Overdraft assuming all other eligib | 782 | Free Overdraft: you will have access to Free Overdraft assuming all other eligib | ||
| > | ility requirements are met. For more information, see Section VI. Cash App Balan | > | ility requirements are met. For more information, see Section VI. Cash App Balan | ||
| > | ce, Subsection 7. Free Overdraft Coverage. | > | ce, Subsection 7. Free Overdraft Coverage. | ||
| 778 | Borrow access and limits: you will be eligible for access to Borrow, where avail | 783 | Borrow access and limits: you will be eligible for access to Borrow, where avail | ||
| > | able, as well as increased Borrow limits assuming all other eligibility requirem | > | able, as well as increased Borrow limits assuming all other eligibility requirem | ||
| > | ents are met. Borrow limit increase for Qualifying Purchases and Qualifying Depo | > | ents are met. Borrow limit increase for Qualifying Purchases and Qualifying Depo | ||
| > | sits may be combined, but the limit increase for Qualifying Purchases may be low | > | sits may be combined, but the limit increase for Qualifying Purchases may be low | ||
| > | er than limit increase for Qualifying Deposits. For more information about Cash | > | er than limit increase for Qualifying Deposits. For more information about Cash | ||
| > | App Lending product eligibility, including Borrow, see Section XX. Cash App Lend | > | App Lending product eligibility, including Borrow, see Section XX. Cash App Lend | ||
| > | ing. | > | ing. | ||
| 785 | “Cash App Lending” refers to any closed-end loan products available through Cash | 790 | “Cash App Lending” refers to any closed-end loan products available through Cash | ||
| > | App, including Cash App Borrow and Afterpay on Cash App. Cash App Lending produ | > | App, including Cash App Borrow and Afterpay on Cash App. Cash App Lending produ | ||
| > | cts are for personal, family, or household use. | > | cts are for personal, family, or household use. | ||
| 786 | 2. Eligibility | 791 | 2. Eligibility | ||
| 787 | To be considered for eligibility for Cash App Lending products, you must have an | 792 | To be considered for eligibility for Cash App Lending products, you must have an | ||
| > | Unrestricted Account, and be physically located in a state where the applicable | > | Unrestricted Account, and be physically located in a state where the applicable | ||
| > | product is offered. Availability may be limited or unavailable in certain juris | > | product is offered. Availability may be limited or unavailable in certain juris | ||
| > | dictions and may change without notice. | > | dictions and may change without notice. | ||
| n | 788 | Eligibility and offers are subject to change, and ongoing risk assessments may c | n | 793 | Eligibility and offers are subject to change, and may change without notice. Ong |
| > | onsider (i) your Account history and activity, and (ii) Cash App Lending repayme | > | oing risk assessments may consider (i) your Account history and activity, and (i | ||
| > | nt history. You may be prevented from obtaining new loans through Cash App Lendi | > | i) Cash App Lending repayment history. You may be prevented from obtaining new l | ||
| > | ng while you are overdue on any Cash App Lending product. | > | oans through Cash App Lending while you are overdue on any Cash App Lending prod | ||
| > | uct. | ||||
| 789 | Cash App Business Accounts, Sponsored Accounts, and Restricted Accounts are not | 794 | Cash App Business Accounts, Sponsored Accounts, and Restricted Accounts are not | ||
| > | eligible for Cash App Lending products. | > | eligible for Cash App Lending products. | ||
| 790 | 3. Loan Origination and Terms | 795 | 3. Loan Origination and Terms | ||
| 791 | You will be provided a loan agreement and related disclosures (the “Loan Documen | 796 | You will be provided a loan agreement and related disclosures (the “Loan Documen | ||
| > | ts”) which will include detailed loan terms, including any fees or overdue penal | > | ts”) which will include detailed loan terms, including any fees or overdue penal | ||
| > | ties, when you use a Cash App Lending product. Cash App Lending products are ori | > | ties, when you use a Cash App Lending product. Cash App Lending products are ori | ||
| > | ginated by the entity identified in your Loan Documents. Your Loan Documents gov | > | ginated by the entity identified in your Loan Documents. Your Loan Documents gov | ||
| > | ern your specific loan. You may be required to have a debit card on file through | > | ern your specific loan. You may be required to have a debit card on file through | ||
| > | out the term of your loan. | > | out the term of your loan. | ||
| n | n | 797 | XXI. Cash App Credit Score | ||
| 798 | 1. Description | ||||
| 799 | The Cash App Credit Score is a tool designed to help you better understand your | ||||
| > | financial picture, and for use by Block, Inc. to determine eligibility for our p | ||||
| > | roducts. It is not shared with unaffiliated third-party lenders or financial ins | ||||
| > | titutions. It is based only on data that the Company and its affiliates possess | ||||
| > | regarding your activity and transactions with Block, Inc. and its affiliates. It | ||||
| > | is not based on and does not include any of your activity outside of Cash App, | ||||
| > | including any of your activity with unaffiliated banks or institutions. Any chan | ||||
| > | ge in your Cash App Credit Score does not guarantee a similar change in your cre | ||||
| > | dit score or credit rating with any consumer reporting agency, bank, or other fi | ||||
| > | nancial institution. | ||||
| 800 | 2. Permitted Use | ||||
| 801 | You agree to use the Cash App Credit Score solely for personal, non-commercial u | ||||
| > | se, to help your understanding of your financial activity on Cash App and potent | ||||
| > | ial eligibility for Cash App products and services. You may not use the Cash App | ||||
| > | Credit Score or any related analysis for any other purpose, including, but not | ||||
| > | limited to, applying for credit or representing your credit standing to third pa | ||||
| > | rties, including banks or other financial institutions. | ||||
| 802 | 3. Not Professional Advice | ||||
| 803 | Block, Inc. and its affiliates are not consumer reporting agencies, credit repai | ||||
| > | r organizations, credit counselors, or financial or legal advisors. Your Cash Ap | ||||
| > | p Credit Score and any analyses or estimates relating to the Cash App Credit Sco | ||||
| > | re are provided for informational purposes only, and are not a substitute for pr | ||||
| > | ofessional financial advice. | ||||
| 804 | 4. Availability | ||||
| 805 | The Cash App Credit Score feature may not be available to all users, and may be | ||||
| > | limited or unavailable in certain jurisdictions. Availability and features of th | ||||
| > | e Cash App Credit Score may change without notice. Obtaining a particular Cash A | ||||
| > | pp Credit Score does not guarantee the availability of, or your eligibility for, | ||||
| > | any product, service, terms, or feature. | ||||
| 792 | XXI. Generative AI Terms of Use | 806 | XXII. Generative AI Terms of Use | ||
| 793 | By using any of the Generative AI or AI-powered products, features, and tools (“ | 807 | By using any of the Generative AI or AI-powered products, features, and tools (“ | ||
| > | AI Products”) offered via Cash App, you agree to be bound by these Generative AI | > | AI Products”) offered via Cash App, you agree to be bound by these Generative AI | ||
| > | Terms, and any other applicable terms, policies and guidelines. If you are usin | > | Terms, and any other applicable terms, policies and guidelines. If you are usin | ||
| > | g the AI Products on behalf of a business or entity, that business or entity acc | > | g the AI Products on behalf of a business or entity, that business or entity acc | ||
| > | epts these terms. Defined terms have the same meaning as in the General Terms. | > | epts these terms. Defined terms have the same meaning as in the General Terms. | ||
| 794 | 1. Acceptable Use Policy | 808 | 1. Acceptable Use Policy | ||
| 795 | You are responsible for all content associated with your use of AI Products. You | 809 | You are responsible for all content associated with your use of AI Products. You | ||
| > | agree that you will not use any AI Product to create any content that is harmfu | > | agree that you will not use any AI Product to create any content that is harmfu | ||
| > | l, misleading, or violates the rights of any third party. We reserve the right t | > | l, misleading, or violates the rights of any third party. We reserve the right t | ||
| > | o suspend, terminate, or otherwise modify your access to AI Products or other Se | > | o suspend, terminate, or otherwise modify your access to AI Products or other Se | ||
| > | rvices as determined in our sole discretion if we identify any such misuse. | > | rvices as determined in our sole discretion if we identify any such misuse. | ||
| 826 | 5. Third-Party Technology Partners | 840 | 5. Third-Party Technology Partners | ||
| 827 | We may use technology provided by third party service providers to provide some | 841 | We may use technology provided by third party service providers to provide some | ||
| > | functionality for AI Products. You acknowledge that any Input you provide, inclu | > | functionality for AI Products. You acknowledge that any Input you provide, inclu | ||
| > | ding any personal data you choose to include within that Input, may be shared wi | > | ding any personal data you choose to include within that Input, may be shared wi | ||
| > | th such third party service providers to enable functionality within AI Products | > | th such third party service providers to enable functionality within AI Products | ||
| > | . By using AI Products, you direct and consent to personal data you include in a | > | . By using AI Products, you direct and consent to personal data you include in a | ||
| > | n Input being transferred to these third parties, and you agree that your use is | > | n Input being transferred to these third parties, and you agree that your use is | ||
| > | subject to the terms of those third parties. | > | subject to the terms of those third parties. | ||
| 828 | We may also share your data with select third party service providers we engage | 842 | We may also share your data with select third party service providers we engage | ||
| > | to enable functionality within AI Products and they may also use your data to im | > | to enable functionality within AI Products and they may also use your data to im | ||
| > | prove their services. This may include any personal data you choose to include w | > | prove their services. This may include any personal data you choose to include w | ||
| > | ithin such Input and you acknowledge that our Privacy Notice applies to the hand | > | ithin such Input and you acknowledge that our Privacy Notice applies to the hand | ||
| > | ling of such personal data. | > | ling of such personal data. | ||
| n | 829 | XXII. OTHER LEGAL TERMS | n | 843 | XXIII. OTHER LEGAL TERMS |
| 830 | 1. Recovery of Funds | 844 | 1. Recovery of Funds | ||
| 831 | You give us permission to recover amounts you owe by debiting funds available in | 845 | You give us permission to recover amounts you owe by debiting funds available in | ||
| > | your Cash App account or any other account you may have with the Company. This | > | your Cash App account or any other account you may have with the Company. This | ||
| > | may involve us making attempts to recover less than the full amount you owe to u | > | may involve us making attempts to recover less than the full amount you owe to u | ||
| > | s. We might contact you or take other legal actions to collect amounts due. | > | s. We might contact you or take other legal actions to collect amounts due. | ||
| 832 | You authorize the Company to recover funds from you in accordance with these Ser | 846 | You authorize the Company to recover funds from you in accordance with these Ser | ||
| > | vice Terms and any other agreement you have with us, including if you owe amount | > | vice Terms and any other agreement you have with us, including if you owe amount | ||
| > | s to us or for reason of fraud or illegal activity. | > | s to us or for reason of fraud or illegal activity. | ||
| 874 | We may terminate these Cash App Terms or any Terms, or suspend or terminate your | 888 | We may terminate these Cash App Terms or any Terms, or suspend or terminate your | ||
| > | Account or your access to any Service, and the same for any associated Account | > | Account or your access to any Service, and the same for any associated Account | ||
| > | or Sponsored Account, at any time for any reason, including for a violation of t | > | or Sponsored Account, at any time for any reason, including for a violation of t | ||
| > | hese Cash App Terms. We may add or remove, suspend, stop, delete, discontinue or | > | hese Cash App Terms. We may add or remove, suspend, stop, delete, discontinue or | ||
| > | impose conditions on Services or any feature or aspect of a Service. We will ta | > | impose conditions on Services or any feature or aspect of a Service. We will ta | ||
| > | ke reasonable steps to notify you of termination or these other types of Service | > | ke reasonable steps to notify you of termination or these other types of Service | ||
| > | changes by email or within the app at the next time you attempt to access your | > | changes by email or within the app at the next time you attempt to access your | ||
| > | Account. You may also terminate the Cash App Terms applicable to your Account by | > | Account. You may also terminate the Cash App Terms applicable to your Account by | ||
| > | deactivating your Account at any time. | > | deactivating your Account at any time. | ||
| 875 | 10. Effect of Termination | 889 | 10. Effect of Termination | ||
| 876 | Once our relationship ends, we are not responsible for any losses you experience | 890 | Once our relationship ends, we are not responsible for any losses you experience | ||
| > | because of the termination of our services or for removing your data from our s | > | because of the termination of our services or for removing your data from our s | ||
| > | ervers. Some terms of our agreement will still apply even after our relationship | > | ervers. Some terms of our agreement will still apply even after our relationship | ||
| > | ends. | > | ends. | ||
| n | 877 | If these Terms or your Account is terminated or suspended for any reason: (a) th | n | 891 | If these Terms or your Account is terminated or suspended for any reason: (a) th |
| > | e license and any other rights granted under these Terms will end, (b) we may de | > | e license and any other rights granted under these Terms will end, (b) we may de | ||
| > | lete your information and account data stored on our servers, and (c) we will no | > | lete your information and account data stored on our servers, and (c) we will no | ||
| > | t be liable to you or any third party for compensation, reimbursement, or damage | > | t be liable to you or any third party for compensation, reimbursement, or damage | ||
| > | s for any termination or suspension of the Services, or for deletion of your inf | > | s for any termination or suspension of the Services, or for deletion of your inf | ||
| > | ormation or account data. The following Sections of these Cash App Terms survive | > | ormation or account data. The following Sections of these Cash App Terms survive | ||
| > | and remain in effect in accordance with their terms upon termination: V.1 (Your | > | and remain in effect in accordance with their terms upon termination: V.1 (Your | ||
| > | Content), V.4 (Ownership), V.6 (Copyright and Trademark Infringement), XXII.10 | > | Content), V.4 (Ownership), V.6 (Copyright and Trademark Infringement), XXIII.10 | ||
| > | (Effect of Termination), XXII.15 (Indemnity), XXII.16 (No Warranties), XXII.17 ( | > | (Effect of Termination), XXIII.15 (Indemnity), XXIII.16 (No Warranties), XXIII. | ||
| > | Limitation of Liability and Damages), XXII.18 (Third Party Products), XXII.19 (D | > | 17 (Limitation of Liability and Damages), XXIII.18 (Third Party Products), XXIII | ||
| > | isputes), XXII.20 (Binding Arbitration), XXII.21 (Governing Law), XXII.21 (Assig | > | .19 (Disputes), XXIII.20 (Binding Arbitration), XXIII.21 (Governing Law), XXIII. | ||
| > | nment), and XXII.23 (Other Provisions). | > | 21 (Assignment), and XXIII.23 (Other Provisions). | ||
| 878 | 11. Services Upon Closure of Account | 892 | 11. Services Upon Closure of Account | ||
| 879 | When your Cash App account is closed, we’ll settle any pending transactions and | 893 | When your Cash App account is closed, we’ll settle any pending transactions and | ||
| > | return remaining funds in your account to you. We may need to hold your funds if | > | return remaining funds in your account to you. We may need to hold your funds if | ||
| > | there is an investigation at the time your Account is closed. | > | there is an investigation at the time your Account is closed. | ||
| 880 | Any pending transactions at the time of termination, closure, or suspension of y | 894 | Any pending transactions at the time of termination, closure, or suspension of y | ||
| > | our Account will be settled. Any funds that we are holding in custody for you at | > | our Account will be settled. Any funds that we are holding in custody for you at | ||
| > | the time of termination, suspension, or closure of your Account, less any appli | > | the time of termination, suspension, or closure of your Account, less any appli | ||
| > | cable fees, (1) may be made available for you to withdraw in the Company's discr | > | cable fees, (1) may be made available for you to withdraw in the Company's discr | ||
| > | etion and subject to the other conditions in these Cash App Terms, and (2) we ma | > | etion and subject to the other conditions in these Cash App Terms, and (2) we ma | ||
| > | y require you to link a new bank account that has not been associated with your | > | y require you to link a new bank account that has not been associated with your | ||
| > | Account to withdraw such funds. We reserve the right to hold your funds at our d | > | Account to withdraw such funds. We reserve the right to hold your funds at our d | ||
| > | iscretion to protect the Company or a third party against the risk of reversals, | > | iscretion to protect the Company or a third party against the risk of reversals, | ||
| > | chargebacks, claims, fees, fines, penalties and other liability. In addition, i | > | chargebacks, claims, fees, fines, penalties and other liability. In addition, i | ||
| > | f an investigation is pending at the time of closure, we may hold your funds unt | > | f an investigation is pending at the time of closure, we may hold your funds unt | ||
| > | il resolution of the investigation. | > | il resolution of the investigation. | ||
| 893 | You will indemnify, defend, and hold us and our processors (and our respective e | 907 | You will indemnify, defend, and hold us and our processors (and our respective e | ||
| > | mployees, directors, agents, affiliates and representatives) harmless from and a | > | mployees, directors, agents, affiliates and representatives) harmless from and a | ||
| > | gainst any and all claims, costs, losses, damages, judgments, tax assessments, p | > | gainst any and all claims, costs, losses, damages, judgments, tax assessments, p | ||
| > | enalties, interest, and expenses (including without limitation reasonable attorn | > | enalties, interest, and expenses (including without limitation reasonable attorn | ||
| > | eys’ fees) arising out of any claim, action, audit, investigation, inquiry, or o | > | eys’ fees) arising out of any claim, action, audit, investigation, inquiry, or o | ||
| > | ther proceeding instituted by a person or entity that arises out of or relates t | > | ther proceeding instituted by a person or entity that arises out of or relates t | ||
| > | o: (a) any actual or alleged breach of your representations, warranties, or obli | > | o: (a) any actual or alleged breach of your representations, warranties, or obli | ||
| > | gations set forth in these Terms; (b) your wrongful or improper use of the Servi | > | gations set forth in these Terms; (b) your wrongful or improper use of the Servi | ||
| > | ces; (c) your violation of any third-party right, including without limitation a | > | ces; (c) your violation of any third-party right, including without limitation a | ||
| > | ny right of privacy, publicity rights or Intellectual Property Rights; (d) your | > | ny right of privacy, publicity rights or Intellectual Property Rights; (d) your | ||
| > | violation of any law, rule or regulation of the United States or any other count | > | violation of any law, rule or regulation of the United States or any other count | ||
| > | ry; (e) any third-party claims made by your Buyer regarding the Company's proces | > | ry; (e) any third-party claims made by your Buyer regarding the Company's proces | ||
| > | sing of your customer/Buyer’s Personal Information in connection with providing | > | sing of your customer/Buyer’s Personal Information in connection with providing | ||
| > | you with the Services; and (f) any other party’s access and/or use of the Servic | > | you with the Services; and (f) any other party’s access and/or use of the Servic | ||
| > | es with your unique name, password or other appropriate security code. | > | es with your unique name, password or other appropriate security code. | ||
| 894 | 16. No Warranties | 908 | 16. No Warranties | ||
| 895 | While we do our best to bring great products and services to our customers, we p | 909 | While we do our best to bring great products and services to our customers, we p | ||
| > | rovide them as-is, without warranties. We are not responsible for any goods and | > | rovide them as-is, without warranties. We are not responsible for any goods and | ||
| > | services that you might buy or sell using Cash App Business Account. | > | services that you might buy or sell using Cash App Business Account. | ||
| n | 896 | THE USE OF “THE COMPANY” IN SECTIONS XXII.16 AND XXII.17 MEANS THE COMPANY, ITS | n | 910 | THE USE OF “THE COMPANY” IN SECTIONS XXIII.16 AND XXIII.17 MEANS THE COMPANY, IT |
| > | PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, | > | S PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIE | ||
| > | AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES). | > | S, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES). | ||
| 897 | THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT | 911 | THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT | ||
| > | IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, THE COMPANY | > | IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, THE COMPANY | ||
| > | SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A | > | SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A | ||
| > | PARTICULAR PURPOSE, OR NON-INFRINGEMENT. | > | PARTICULAR PURPOSE, OR NON-INFRINGEMENT. | ||
| 898 | THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIAB | 912 | THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIAB | ||
| > | LE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES | > | LE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES | ||
| > | WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, | > | WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, | ||
| > | WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT | > | WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT | ||
| > | THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. | > | THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. | ||
| 899 | The Company does not warrant, endorse, guarantee, or assume responsibility for a | 913 | The Company does not warrant, endorse, guarantee, or assume responsibility for a | ||
| > | ny product or service advertised or offered by a third party. The Company does n | > | ny product or service advertised or offered by a third party. The Company does n | ||
| > | ot have control of, or liability for, goods or services that are paid for using | > | ot have control of, or liability for, goods or services that are paid for using | ||
| > | the Services. | > | the Services. | ||
| 906 | 18. Third Party Products | 920 | 18. Third Party Products | ||
| 907 | All third party products included or sold with the Services are provided solely | 921 | All third party products included or sold with the Services are provided solely | ||
| > | according to the warranty and other terms specified by such third party, who is | > | according to the warranty and other terms specified by such third party, who is | ||
| > | solely responsible for service and support for its product. For service, support | > | solely responsible for service and support for its product. For service, support | ||
| > | , or warranty assistance, you should contact the manufacturer directly. THE COMP | > | , or warranty assistance, you should contact the manufacturer directly. THE COMP | ||
| > | ANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO | > | ANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO | ||
| > | SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF | > | SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF | ||
| > | MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. | > | MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. | ||
| 908 | 19. Disputes | 922 | 19. Disputes | ||
| n | 909 | When you see the word “Dispute” in Section XXII.20, here’s what it means. | n | 923 | When you see the word “Dispute” in Section XXIII.20, here’s what it means. |
| 910 | For purposes of Section XXII.20, “Disputes” are defined as any claim, controvers | 924 | For purposes of Section XXIII.20, “Disputes” are defined as any claim, controver | ||
| > | y, or dispute between you and the Company, its processors, suppliers or licensor | > | sy, or dispute between you and the Company, its processors, suppliers or licenso | ||
| > | s (or their respective affiliates, agents, directors or employees), whether aris | > | rs (or their respective affiliates, agents, directors or employees), whether ari | ||
| > | ing before or during the effective period of these Terms, and including any clai | > | sing before or during the effective period of these Terms, and including any cla | ||
| > | m, controversy, or dispute based on any conduct of you or the Company that occur | > | im, controversy, or dispute based on any conduct of you or the Company that occu | ||
| > | red before the effective date of these Terms, including any claims relating in a | > | rred before the effective date of these Terms, including any claims relating in | ||
| > | ny way to these Terms or the Services, or any other aspect of our relationship. | > | any way to these Terms or the Services, or any other aspect of our relationship. | ||
| 911 | 20. Binding Arbitration | 925 | 20. Binding Arbitration | ||
| 912 | This section provides details about how we will resolve disputes through the arb | 926 | This section provides details about how we will resolve disputes through the arb | ||
| > | itration process. | > | itration process. | ||
| 913 | If you are an individual Cash App customer, this arbitration provision applies t | 927 | If you are an individual Cash App customer, this arbitration provision applies t | ||
| > | o you: | > | o you: | ||
| n | 914 | General. You and the Company agree that any and all Disputes, except those that | n | 928 | General. You and the Company agree that any and all Disputes, except those that |
| > | are resolved informally or brought in a small claims court, will be individually | > | are resolved informally or brought in a small claims court, will be individually | ||
| > | arbitrated by a neutral arbitrator who has the power to award the same individu | > | arbitrated by a neutral arbitrator who has the power to award the same individu | ||
| > | al damages and individual relief that a court can. ANY ARBITRATION UNDER THESE C | > | al damages and individual relief that a court can. ANY ARBITRATION UNDER THESE C | ||
| > | ASH APP TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACT | > | ASH APP TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACT | ||
| > | IONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRA | > | IONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRA | ||
| > | TIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY | > | TIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY | ||
| > | AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY. N | > | AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY. N | ||
| > | othing in this agreement prevents you or the Company from settling Disputes on a | > | othing in this agreement prevents you or the Company from settling Disputes on a | ||
| > | class, representative, or consolidated basis. If any term of this arbitration a | > | class, representative, or consolidated basis. If any term of this arbitration a | ||
| > | greement in Section XXII.20 is found unenforceable, including the Bellwether Arb | > | greement in Section XXIII.20 is found unenforceable, including the Bellwether Ar | ||
| > | itration procedures described below, the unenforceable term will be severed, and | > | bitration procedures described below, the unenforceable term will be severed, an | ||
| > | the remaining terms will be enforced (but in no case will there be a class acti | > | d the remaining terms will be enforced (but in no case will there be a class act | ||
| > | on, consolidated action, mass action or representative action arbitration). | > | ion, consolidated action, mass action or representative action arbitration). | ||
| 915 | Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is | 929 | Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is | ||
| > | commenced, you and the Company agree to attempt to avoid the costs of formal dis | > | commenced, you and the Company agree to attempt to avoid the costs of formal dis | ||
| > | pute resolution by giving each other a full and fair opportunity to address and | > | pute resolution by giving each other a full and fair opportunity to address and | ||
| > | resolve a Dispute informally. Both parties recognize that this is an important r | > | resolve a Dispute informally. Both parties recognize that this is an important r | ||
| > | equirement, and that breach of this requirement would be a material breach of th | > | equirement, and that breach of this requirement would be a material breach of th | ||
| > | e Terms. To provide this opportunity, before commencing any arbitration, proceed | > | e Terms. To provide this opportunity, before commencing any arbitration, proceed | ||
| > | ing in small claims court, or lawsuit (when permitted by this arbitration agreem | > | ing in small claims court, or lawsuit (when permitted by this arbitration agreem | ||
| > | ent), each party agrees to send to the other party a written Notice (“Notice”) a | > | ent), each party agrees to send to the other party a written Notice (“Notice”) a | ||
| > | nd personally meet and confer to informally resolve any Dispute. Any Notice to t | > | nd personally meet and confer to informally resolve any Dispute. Any Notice to t | ||
| > | he Company should be sent by mail to Block, Inc., Attn: Arbitration Agreement, 1 | > | he Company should be sent by mail to Block, Inc., Attn: Arbitration Agreement, 1 | ||
| > | 955 Broadway, Suite 600, Oakland, CA 94612. Any Notice sent to you will be maile | > | 955 Broadway, Suite 600, Oakland, CA 94612. Any Notice sent to you will be maile | ||
| > | d to the address on file for your account. The Notice must: (i) include your nam | > | d to the address on file for your account. The Notice must: (i) include your nam | ||
| > | e, mailing address, $Cashtag, email address and phone number associated with you | > | e, mailing address, $Cashtag, email address and phone number associated with you | ||
| > | r account; (ii) provide detailed information sufficient to evaluate the merits o | > | r account; (ii) provide detailed information sufficient to evaluate the merits o | ||
| > | f the claiming party’s individualized claim and for the other party to determine | > | f the claiming party’s individualized claim and for the other party to determine | ||
| > | if an amicable resolution is possible; (iii) set forth the specific relief soug | > | if an amicable resolution is possible; (iii) set forth the specific relief soug | ||
| > | ht, including an accurate, good-faith calculation of the amount in controversy, | > | ht, including an accurate, good-faith calculation of the amount in controversy, | ||
| > | enumerated in United States Dollars, including whatever amount of money is deman | > | enumerated in United States Dollars, including whatever amount of money is deman | ||
| > | ded and the means by which the demanding party calculated the claimed damages; a | > | ded and the means by which the demanding party calculated the claimed damages; a | ||
| > | nd (iv) be personally signed by you or the Company, as applicable. A Notice is o | > | nd (iv) be personally signed by you or the Company, as applicable. A Notice is o | ||
| > | nly valid when it pertains to, and is on behalf of, an individual party. A Notic | > | nly valid when it pertains to, and is on behalf of, an individual party. A Notic | ||
| > | e brought on behalf of multiple parties is invalid as to all. Both parties agree | > | e brought on behalf of multiple parties is invalid as to all. Both parties agree | ||
| > | that they will attempt to resolve a Dispute through an informal negotiation wit | > | that they will attempt to resolve a Dispute through an informal negotiation wit | ||
| > | hin sixty (60) days from the date the Notice is received, and you and the Compan | > | hin sixty (60) days from the date the Notice is received, and you and the Compan | ||
| > | y therefore agree that, before either you or the Company demands or attempts to | > | y therefore agree that, before either you or the Company demands or attempts to | ||
| > | commence arbitration or litigation (where permitted) against the other, both par | > | commence arbitration or litigation (where permitted) against the other, both par | ||
| > | ties will personally meet and confer, via telephone or videoconference, with eac | > | ties will personally meet and confer, via telephone or videoconference, with eac | ||
| > | h other in a good-faith effort to resolve informally any Dispute. These informal | > | h other in a good-faith effort to resolve informally any Dispute. These informal | ||
| > | resolution conferences shall be individualized such that a separate conference | > | resolution conferences shall be individualized such that a separate conference | ||
| > | must be held each time either party intends to commence individual arbitration o | > | must be held each time either party intends to commence individual arbitration o | ||
| > | r litigation (where permitted); multiple parties initiating claims cannot partic | > | r litigation (where permitted); multiple parties initiating claims cannot partic | ||
| > | ipate in the same informal resolution conference, unless mutually agreed to by t | > | ipate in the same informal resolution conference, unless mutually agreed to by t | ||
| > | he parties. If you are represented by counsel, your counsel may participate in t | > | he parties. If you are represented by counsel, your counsel may participate in t | ||
| > | he conference, but you shall also fully participate in the conference. Engaging | > | he conference, but you shall also fully participate in the conference. Engaging | ||
| > | in an informal resolution conference is a requirement that must be fulfilled bef | > | in an informal resolution conference is a requirement that must be fulfilled bef | ||
| > | ore commencing arbitration or litigation (where permitted). Any statute of limit | > | ore commencing arbitration or litigation (where permitted). Any statute of limit | ||
| > | ations shall be tolled while the parties engage in the informal resolution proce | > | ations shall be tolled while the parties engage in the informal resolution proce | ||
| > | ss required by this paragraph. | > | ss required by this paragraph. | ||
| 916 | After that sixty (60) day period and not before, and after the informal resoluti | 930 | After that sixty (60) day period and not before, and after the informal resoluti | ||
| > | on conference has occurred and not before, either party may elect, in a written | > | on conference has occurred and not before, either party may elect, in a written | ||
| > | Notice to the other party as described above, that it will pursue the matter eit | > | Notice to the other party as described above, that it will pursue the matter eit | ||
| > | her through small claims court or arbitration. The party receiving the notice sh | > | her through small claims court or arbitration. The party receiving the notice sh | ||
| > | all then have seven (7) days to respond, including to elect for the case to be h | > | all then have seven (7) days to respond, including to elect for the case to be h | ||
| > | eard by a small claims court with jurisdiction. After that seven (7) day period | > | eard by a small claims court with jurisdiction. After that seven (7) day period | ||
| > | and not before, either party may commence arbitration if not proceeding in small | > | and not before, either party may commence arbitration if not proceeding in small | ||
| > | claims court with jurisdiction. You agree that compliance with the informal res | > | claims court with jurisdiction. You agree that compliance with the informal res | ||
| > | olution process described above is a condition precedent to commencing arbitrati | > | olution process described above is a condition precedent to commencing arbitrati | ||
| > | on or filing a claim in small claims court. A party’s failure to satisfy this co | > | on or filing a claim in small claims court. A party’s failure to satisfy this co | ||
| > | ndition precedent entitles the opposing party to seek immediate dismissal of the | > | ndition precedent entitles the opposing party to seek immediate dismissal of the | ||
| > | arbitration or litigation (where permitted) and the right to seek reimbursement | > | arbitration or litigation (where permitted) and the right to seek reimbursement | ||
| > | of its costs. If either party elects small claims court, the Dispute will be re | > | of its costs. If either party elects small claims court, the Dispute will be re | ||
| > | solved in that forum and not through arbitration. Each party agrees that state c | > | solved in that forum and not through arbitration. Each party agrees that state c | ||
| > | ourts in the City of Oakland and County of Alameda, California, or federal court | > | ourts in the City of Oakland and County of Alameda, California, or federal court | ||
| > | for the Northern District of California, referenced below, may enter injunctive | > | for the Northern District of California, referenced below, may enter injunctive | ||
| > | relief to enforce the pre-filing requirements of this paragraph, including an i | > | relief to enforce the pre-filing requirements of this paragraph, including an i | ||
| > | njunction to stay an arbitration that has been commenced in violation of this pa | > | njunction to stay an arbitration that has been commenced in violation of this pa | ||
| > | ragraph. Each party also agrees that state courts in the City of Oakland and Cou | > | ragraph. Each party also agrees that state courts in the City of Oakland and Cou | ||
| > | nty of Alameda, California, or federal court for the Northern District of Califo | > | nty of Alameda, California, or federal court for the Northern District of Califo | ||
| > | rnia may address whether a claim filed in small claims court or in arbitration h | > | rnia may address whether a claim filed in small claims court or in arbitration h | ||
| > | as been previously released. | > | as been previously released. | ||
| 917 | Scope of Arbitration. If we and you are not able to resolve the Dispute by infor | 931 | Scope of Arbitration. If we and you are not able to resolve the Dispute by infor | ||
| > | mal negotiation or, as provided below, in a small claims court, all Disputes wil | > | mal negotiation or, as provided below, in a small claims court, all Disputes wil | ||
| > | l be resolved finally and exclusively by binding individual arbitration with a s | > | l be resolved finally and exclusively by binding individual arbitration with a s | ||
| > | ingle arbitrator (the “Arbitrator”) administered by National Arbitration and Med | > | ingle arbitrator (the “Arbitrator”) administered by National Arbitration and Med | ||
| > | iation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules | > | iation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules | ||
| > | and Procedures and, when applicable, the NAM Supplemental Rules for Mass Arbitr | > | and Procedures and, when applicable, the NAM Supplemental Rules for Mass Arbitr | ||
| > | ation Filings (together, the “NAM Rules”), and this Section. In the event NAM is | > | ation Filings (together, the “NAM Rules”), and this Section. In the event NAM is | ||
| > | unavailable to administer the arbitration, either party may invoke 9 U.S.C. § 5 | > | unavailable to administer the arbitration, either party may invoke 9 U.S.C. § 5 | ||
| > | to request that a court appoint the Arbitrator. Except as set forth above, and | > | to request that a court appoint the Arbitrator. Except as set forth above, and | ||
| > | for Disputes subject to jurisdiction in small claims court, the Arbitrator shall | > | for Disputes subject to jurisdiction in small claims court, the Arbitrator shall | ||
| > | be responsible for determining all threshold arbitrability issues, including is | > | be responsible for determining all threshold arbitrability issues, including is | ||
| > | sues relating to whether the Cash App Terms (or any aspect thereof) are enforcea | > | sues relating to whether the Cash App Terms (or any aspect thereof) are enforcea | ||
| > | ble, unconscionable or illusory and any defense to arbitration, including waiver | > | ble, unconscionable or illusory and any defense to arbitration, including waiver | ||
| > | , delay, laches, or estoppel. | > | , delay, laches, or estoppel. | ||
| 918 | Small Claims Court. Subject to applicable jurisdictional requirements, either pa | 932 | Small Claims Court. Subject to applicable jurisdictional requirements, either pa | ||
| > | rty may elect to pursue a Dispute in a local small-claims court rather than thro | > | rty may elect to pursue a Dispute in a local small-claims court rather than thro | ||
| > | ugh arbitration so long as the matter remains in small claims court and proceeds | > | ugh arbitration so long as the matter remains in small claims court and proceeds | ||
| > | only on an individual basis. If a party has already submitted an arbitration de | > | only on an individual basis. If a party has already submitted an arbitration de | ||
| > | mand to the arbitration provider but before an Arbitrator has been selected, and | > | mand to the arbitration provider but before an Arbitrator has been selected, and | ||
| > | the claim is subject to the jurisdiction of the filing party’s local small clai | > | the claim is subject to the jurisdiction of the filing party’s local small clai | ||
| > | ms court, the other party can send a written notice to the opposing party and th | > | ms court, the other party can send a written notice to the opposing party and th | ||
| > | e arbitration provider requesting that the Dispute be decided in small claims co | > | e arbitration provider requesting that the Dispute be decided in small claims co | ||
| > | urt. Upon receipt of such notice, and if all outstanding arbitration service fee | > | urt. Upon receipt of such notice, and if all outstanding arbitration service fee | ||
| > | s have been paid, the arbitration provider shall then administratively close the | > | s have been paid, the arbitration provider shall then administratively close the | ||
| > | case. | > | case. | ||
| 919 | Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including | 933 | Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including | ||
| > | its procedural provisions, fully applies. So long as it is consistent with the | > | its procedural provisions, fully applies. So long as it is consistent with the | ||
| > | NAM Rules, the arbitration shall occur through the submission of documents to on | > | NAM Rules, the arbitration shall occur through the submission of documents to on | ||
| > | e Arbitrator. To the extent the Arbitrator determines a hearing is required, the | > | e Arbitrator. To the extent the Arbitrator determines a hearing is required, the | ||
| > | arbitration shall be conducted remotely by telephone or video conference. To th | > | arbitration shall be conducted remotely by telephone or video conference. To th | ||
| > | e extent that the Arbitrator determines that an in-person hearing is required, t | > | e extent that the Arbitrator determines that an in-person hearing is required, t | ||
| > | he arbitration hearing will take place as close to your hometown as practicable. | > | he arbitration hearing will take place as close to your hometown as practicable. | ||
| > | You and the Company will have the right to file early or summary dispositive mo | > | You and the Company will have the right to file early or summary dispositive mo | ||
| > | tions. The Arbitrator’s award will be binding on the parties and may be entered | > | tions. The Arbitrator’s award will be binding on the parties and may be entered | ||
| > | as a judgment in any court of competent jurisdiction. The Company values your pr | > | as a judgment in any court of competent jurisdiction. The Company values your pr | ||
| > | ivacy, particularly with respect to your financial transactions and data. Each o | > | ivacy, particularly with respect to your financial transactions and data. Each o | ||
| > | f the parties shall maintain the confidential nature of the arbitration and shal | > | f the parties shall maintain the confidential nature of the arbitration and shal | ||
| > | l not (without the prior written consent of the other party) disclose to any thi | > | l not (without the prior written consent of the other party) disclose to any thi | ||
| > | rd party the fact, existence, content, award, or other result of the arbitration | > | rd party the fact, existence, content, award, or other result of the arbitration | ||
| > | , except as may be necessary to enforce, enter, or challenge such award in a cou | > | , except as may be necessary to enforce, enter, or challenge such award in a cou | ||
| > | rt of competent jurisdiction or as otherwise required by applicable law. While a | > | rt of competent jurisdiction or as otherwise required by applicable law. While a | ||
| > | n Arbitrator may award declaratory or injunctive relief, the Arbitrator may do s | > | n Arbitrator may award declaratory or injunctive relief, the Arbitrator may do s | ||
| > | o only with respect to the individual party seeking relief and only to the exten | > | o only with respect to the individual party seeking relief and only to the exten | ||
| > | t necessary to provide relief warranted by the individual party’s claim. The Arb | > | t necessary to provide relief warranted by the individual party’s claim. The Arb | ||
| > | itrator’s decision and judgment thereon will not have a precedential or collater | > | itrator’s decision and judgment thereon will not have a precedential or collater | ||
| > | al estoppel effect with respect to disputes involving other parties. | > | al estoppel effect with respect to disputes involving other parties. | ||
| n | 920 | Bellwether Arbitration Procedures. You and the Company agree that if twenty-five | n | 934 | Bellwether Arbitration Procedures. You and the Company agree that if twenty-five |
| > | (25) or more similar individual arbitration demands are brought against you or | > | (25) or more similar individual arbitration demands are brought against you or | ||
| > | us by or with the assistance of the same or coordinated counsel or entities (“Ma | > | us by or with the assistance of the same or coordinated counsel or entities (“Ma | ||
| > | ss Proceeding”), the parties shall select twelve (12) individual arbitration dem | > | ss Proceeding”), the parties shall select twelve (12) individual arbitration dem | ||
| > | ands (six (6) per side) for arbitration to proceed (“Bellwether Arbitrations”). | > | ands (six (6) per side) for arbitration to proceed (“Bellwether Arbitrations”). | ||
| > | The NAM Supplemental Rules for Mass Arbitration Filings shall apply if the parti | > | The NAM Supplemental Rules for Mass Arbitration Filings shall apply if the parti | ||
| > | es’ dispute is deemed by NAM, in its sole discretion pursuant to the NAM Rules a | > | es’ dispute is deemed by NAM, in its sole discretion pursuant to the NAM Rules a | ||
| > | nd this Section XXII.20, to be part of a Mass Proceeding. While the Bellwether A | > | nd this Section XXIII.20, to be part of a Mass Proceeding. While the Bellwether | ||
| > | rbitrations are adjudicated, all other demands for arbitration that are part of | > | Arbitrations are adjudicated, all other demands for arbitration that are part of | ||
| > | the Mass Proceeding shall be held in abeyance and stayed, and no party shall be | > | the Mass Proceeding shall be held in abeyance and stayed, and no party shall be | ||
| > | responsible for paying any administrator or arbitrator fees (other than the arbi | > | responsible for paying any administrator or arbitrator fees (other than the arb | ||
| > | tration provider’s initial filing/administrative fees, and Procedural Arbitrator | > | itration provider’s initial filing/administrative fees, and Procedural Arbitrato | ||
| > | fees, if applicable) with respect to such stayed demands while the Bellwether A | > | r fees, if applicable) with respect to such stayed demands while the Bellwether | ||
| > | rbitrations are adjudicated. Any applicable statute of limitations shall be toll | > | Arbitrations are adjudicated. Any applicable statute of limitations shall be tol | ||
| > | ed as to non-Bellwether Arbitrations demands when such non-Bellwether Arbitratio | > | led as to non-Bellwether Arbitrations demands when such non-Bellwether Arbitrati | ||
| > | ns are held in abeyance. The tolling period will begin when the claimant first p | > | ons are held in abeyance. The tolling period will begin when the claimant first | ||
| > | rovided the Notice of its intent to initiate an informal resolution conference a | > | provided the Notice of its intent to initiate an informal resolution conference | ||
| > | s described above. | > | as described above. | ||
| 921 | Any party may request, within five (5) Business Days of being notified by the ar | 935 | Any party may request, within five (5) Business Days of being notified by the ar | ||
| > | bitration provider that arbitration demand(s) have been filed, that the arbitrat | > | bitration provider that arbitration demand(s) have been filed, that the arbitrat | ||
| > | ion provider appoint a sole procedural arbitrator (“Procedural Arbitrator”) to d | > | ion provider appoint a sole procedural arbitrator (“Procedural Arbitrator”) to d | ||
| > | etermine initial questions that arise in the Bellwether Arbitrations, including | > | etermine initial questions that arise in the Bellwether Arbitrations, including | ||
| > | whether the Bellwether Arbitration procedures are applicable or enforceable, whe | > | whether the Bellwether Arbitration procedures are applicable or enforceable, whe | ||
| > | ther any particular demand is part of a Mass Proceeding, and whether any particu | > | ther any particular demand is part of a Mass Proceeding, and whether any particu | ||
| > | lar demand within a Mass Proceeding was filed in accordance with this Section XX | > | lar demand within a Mass Proceeding was filed in accordance with this Section XX | ||
| > | II.20. To expedite the Procedural Arbitrator’s resolution of any such initial qu | > | III.20. To expedite the Procedural Arbitrator’s resolution of any such initial q | ||
| > | estions, the parties agree that the Procedural Arbitrator may set forth such pro | > | uestions, the parties agree that the Procedural Arbitrator may set forth such pr | ||
| > | cedures as are necessary to resolve any such initial questions promptly. The Com | > | ocedures as are necessary to resolve any such initial questions promptly. The Co | ||
| > | pany shall pay the Procedural Arbitrator’s costs. | > | mpany shall pay the Procedural Arbitrator’s costs. | ||
| 922 | All parties agree that the Bellwether Arbitration procedures are designed to be | 936 | All parties agree that the Bellwether Arbitration procedures are designed to be | ||
| > | a generally faster, more efficient, and more affordable mechanism for resolving | > | a generally faster, more efficient, and more affordable mechanism for resolving | ||
| > | a Mass Proceeding, including the claims of individual parties who are not select | > | a Mass Proceeding, including the claims of individual parties who are not select | ||
| > | ed for a Bellwether Arbitration. All parties shall work in good faith with the A | > | ed for a Bellwether Arbitration. All parties shall work in good faith with the A | ||
| > | rbitrator or Procedural Arbitrator to complete each Bellwether Arbitration withi | > | rbitrator or Procedural Arbitrator to complete each Bellwether Arbitration withi | ||
| > | n one hundred and twenty (120) calendar days of its initial pre-hearing conferen | > | n one hundred and twenty (120) calendar days of its initial pre-hearing conferen | ||
| > | ce. | > | ce. | ||
| n | 923 | Following resolution of the Bellwether Arbitrations, all parties agree to engage | n | 937 | Following resolution of the Bellwether Arbitrations, all parties agree to engage |
| > | in a mediation of all remaining arbitration demands comprising the Mass Proceed | > | in a mediation of all remaining arbitration demands comprising the Mass Proceed | ||
| > | ing (the “Bellwether Mediation”). The Bellwether Mediation shall be administered | > | ing (the “Bellwether Mediation”). The Bellwether Mediation shall be administered | ||
| > | by the arbitration provider. If the parties are unable to resolve the remaining | > | by the arbitration provider. If the parties are unable to resolve the remaining | ||
| > | demands for arbitration comprising the Mass Proceeding within thirty (30) calen | > | demands for arbitration comprising the Mass Proceeding within thirty (30) calen | ||
| > | dar days following the Bellwether Mediation, the remaining demands for arbitrati | > | dar days following the Bellwether Mediation, the remaining demands for arbitrati | ||
| > | on comprising the Mass Proceeding shall be administered by the arbitration provi | > | on comprising the Mass Proceeding shall be administered by the arbitration provi | ||
| > | der on an individual basis pursuant to the arbitration provider’s rules and this | > | der on an individual basis pursuant to the arbitration provider’s rules and this | ||
| > | Section XXII.20, unless the parties mutually agree otherwise in writing. | > | Section XXIII.20, unless the parties mutually agree otherwise in writing. | ||
| 924 | All parties agree to cooperate in good faith with the arbitration provider to im | 938 | All parties agree to cooperate in good faith with the arbitration provider to im | ||
| > | plement the Bellwether Arbitration procedures, including deferring any costs ass | > | plement the Bellwether Arbitration procedures, including deferring any costs ass | ||
| > | ociated with the non-Bellwether Arbitration Mass Proceedings until the Bellwethe | > | ociated with the non-Bellwether Arbitration Mass Proceedings until the Bellwethe | ||
| > | r Arbitrations and subsequent Bellwether Mediation have concluded, and cooperate | > | r Arbitrations and subsequent Bellwether Mediation have concluded, and cooperate | ||
| > | on any steps to minimize the time and costs of arbitration, which may include t | > | on any steps to minimize the time and costs of arbitration, which may include t | ||
| > | he appointment of a discovery special master to assist the arbitrator in the res | > | he appointment of a discovery special master to assist the arbitrator in the res | ||
| > | olution of discovery disputes and the adoption of an expedited calendar of the a | > | olution of discovery disputes and the adoption of an expedited calendar of the a | ||
| > | rbitration proceedings. | > | rbitration proceedings. | ||
| n | 925 | These Bellwether Arbitration procedures shall in no way be interpreted as author | n | 939 | These Bellwether Arbitration procedures shall in no way be interpreted as author |
| > | izing a class, collective, or mass action of any kind, or an arbitration involvi | > | izing a class, collective, or mass action of any kind, or an arbitration involvi | ||
| > | ng joint or consolidated claims under any circumstances, except as expressly set | > | ng joint or consolidated claims under any circumstances, except as expressly set | ||
| > | forth in this Section XXII.20. | > | forth in this Section XXIII.20. | ||
| 926 | Arbitration Fees. In accordance with the NAM Rules, the party initiating the arb | 940 | Arbitration Fees. In accordance with the NAM Rules, the party initiating the arb | ||
| > | itration (either you or us) is responsible for paying the applicable filing fee. | > | itration (either you or us) is responsible for paying the applicable filing fee. | ||
| > | For purposes of this arbitration agreement, references to you and the Company a | > | For purposes of this arbitration agreement, references to you and the Company a | ||
| > | lso include respective subsidiaries, affiliates, agents, employees, predecessors | > | lso include respective subsidiaries, affiliates, agents, employees, predecessors | ||
| > | , successors and assigns as well as authorized users or beneficiaries of the Ser | > | , successors and assigns as well as authorized users or beneficiaries of the Ser | ||
| > | vices. | > | vices. | ||
| 927 | Opt Out. You may reject this arbitration agreement, in which case only a court m | 941 | Opt Out. You may reject this arbitration agreement, in which case only a court m | ||
| > | ay be used to resolve any Dispute. To reject this agreement, you must send us an | > | ay be used to resolve any Dispute. To reject this agreement, you must send us an | ||
| > | opt-out notice (the “Opt Out”) within thirty (30) days after you first create a | > | opt-out notice (the “Opt Out”) within thirty (30) days after you first create a | ||
| > | Cash App Account, or for existing customers who agree to this as a terms update | > | Cash App Account, or for existing customers who agree to this as a terms update | ||
| > | , within thirty (30) days of agreeing to such updated terms. The Opt Out must be | > | , within thirty (30) days of agreeing to such updated terms. The Opt Out must be | ||
| > | mailed to Block, Inc., Attn: Arbitration Agreement, 1955 Broadway, Suite 600, O | > | mailed to Block, Inc., Attn: Arbitration Agreement, 1955 Broadway, Suite 600, O | ||
| > | akland, 94612 (please note that any correspondence not related to opting out sen | > | akland, 94612 (please note that any correspondence not related to opting out sen | ||
| > | t to this address will not receive a reply). For your convenience, we are provid | > | t to this address will not receive a reply). For your convenience, we are provid | ||
| > | ing an opt out notice form you must fill in to Opt Out. You must complete this f | > | ing an opt out notice form you must fill in to Opt Out. You must complete this f | ||
| > | orm by providing your name, address, $Cashtag, phone number and the email addres | > | orm by providing your name, address, $Cashtag, phone number and the email addres | ||
| > | s(es) you used to sign up for and use the Services. This is the only way of opti | > | s(es) you used to sign up for and use the Services. This is the only way of opti | ||
| > | ng out of this arbitration agreement. Opting out will not affect any other aspec | > | ng out of this arbitration agreement. Opting out will not affect any other aspec | ||
| > | t of the Cash App Terms, Additional Terms, or the Services, and will have no eff | > | t of the Cash App Terms, Additional Terms, or the Services, and will have no eff | ||
| > | ect on any future agreements you may reach to arbitrate with us. An Opt Out that | > | ect on any future agreements you may reach to arbitrate with us. An Opt Out that | ||
| > | purports to opt out multiple parties will be invalid as to all such parties. No | > | purports to opt out multiple parties will be invalid as to all such parties. No | ||
| > | individual party (or their agent, representative, or group of agents or represe | > | individual party (or their agent, representative, or group of agents or represe | ||
| > | ntatives) may effectuate an Opt Out on behalf of other individual parties. | > | ntatives) may effectuate an Opt Out on behalf of other individual parties. | ||
| 928 | Court Proceedings. Subject to and without waiver of the arbitration provisions a | 942 | Court Proceedings. Subject to and without waiver of the arbitration provisions a | ||
| > | bove, you agree that any judicial proceedings (other than small claims actions a | > | bove, you agree that any judicial proceedings (other than small claims actions a | ||
| > | s discussed above) will be brought in and you hereby consent to the exclusive ju | > | s discussed above) will be brought in and you hereby consent to the exclusive ju | ||
| > | risdiction and venue in the state courts in the City of Oakland and County of Al | > | risdiction and venue in the state courts in the City of Oakland and County of Al | ||
| > | ameda, California, or federal court for the Northern District of California. | > | ameda, California, or federal court for the Northern District of California. | ||
| 929 | If you are a customer with a Cash App Business Account, this arbitration provisi | 943 | If you are a customer with a Cash App Business Account, this arbitration provisi | ||
| > | on applies to you: | > | on applies to you: | ||
| n | 930 | General. You and the Company agree that any and all Disputes, except those that | n | 944 | General. You and the Company agree that any and all Disputes, except those that |
| > | are resolved informally or brought in a small claims court, will be individually | > | are resolved informally or brought in a small claims court, will be individually | ||
| > | arbitrated by a neutral arbitrator who has the power to award the same individu | > | arbitrated by a neutral arbitrator who has the power to award the same individu | ||
| > | al damages and individual relief that a court can. ANY ARBITRATION UNDER THESE G | > | al damages and individual relief that a court can. ANY ARBITRATION UNDER THESE G | ||
| > | ENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTI | > | ENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTI | ||
| > | ONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRAT | > | ONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRAT | ||
| > | IONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY | > | IONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY | ||
| > | AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY. No | > | AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY. No | ||
| > | thing in this agreement prevents you or the Company from settling Disputes on a | > | thing in this agreement prevents you or the Company from settling Disputes on a | ||
| > | class, representative, or consolidated basis. If any term of this arbitration ag | > | class, representative, or consolidated basis. If any term of this arbitration ag | ||
| > | reement in Section XXII.20 is found unenforceable, including the Bellwether Arbi | > | reement in Section XXIII.20 is found unenforceable, including the Bellwether Arb | ||
| > | tration procedures described below, the unenforceable term will be severed, and | > | itration procedures described below, the unenforceable term will be severed, and | ||
| > | the remaining terms will be enforced (but in no case will there be a class actio | > | the remaining terms will be enforced (but in no case will there be a class acti | ||
| > | n, consolidated action, mass action or representative action arbitration). | > | on, consolidated action, mass action or representative action arbitration). | ||
| 931 | Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is | 945 | Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is | ||
| > | commenced, you and the Company agree to attempt to avoid the costs of formal dis | > | commenced, you and the Company agree to attempt to avoid the costs of formal dis | ||
| > | pute resolution by giving each other a full and fair opportunity to address and | > | pute resolution by giving each other a full and fair opportunity to address and | ||
| > | resolve a Dispute informally. Both parties recognize that this is an important r | > | resolve a Dispute informally. Both parties recognize that this is an important r | ||
| > | equirement, and that breach of this requirement would be a material breach of th | > | equirement, and that breach of this requirement would be a material breach of th | ||
| > | e Terms. To provide this opportunity, before commencing any arbitration, proceed | > | e Terms. To provide this opportunity, before commencing any arbitration, proceed | ||
| > | ing in small claims court, or lawsuit (when permitted by this arbitration agreem | > | ing in small claims court, or lawsuit (when permitted by this arbitration agreem | ||
| > | ent), each party agrees to send to the other party a written Notice (“Notice”) a | > | ent), each party agrees to send to the other party a written Notice (“Notice”) a | ||
| > | nd personally meet and confer to informally resolve any Dispute. Any Notice to t | > | nd personally meet and confer to informally resolve any Dispute. Any Notice to t | ||
| > | he Company should be sent by mail to Block, Inc., Attn: Arbitration Agreement, 1 | > | he Company should be sent by mail to Block, Inc., Attn: Arbitration Agreement, 1 | ||
| > | 955 Broadway, Suite 600, Oakland, CA 94612. Any Notice sent to you will be maile | > | 955 Broadway, Suite 600, Oakland, CA 94612. Any Notice sent to you will be maile | ||
| > | d to the address on file for your account. The Notice must: (i) include your nam | > | d to the address on file for your account. The Notice must: (i) include your nam | ||
| > | e, mailing address, $Cashtag, and the email address and phone number associated | > | e, mailing address, $Cashtag, and the email address and phone number associated | ||
| > | with your account, and; (ii) provide detailed information sufficient to evaluate | > | with your account, and; (ii) provide detailed information sufficient to evaluate | ||
| > | the merits of the claiming party’s individualized claim and for the other party | > | the merits of the claiming party’s individualized claim and for the other party | ||
| > | to determine if an amicable resolution is possible; (iii) set forth the specifi | > | to determine if an amicable resolution is possible; (iii) set forth the specifi | ||
| > | c relief sought, including an accurate, good-faith calculation of the amount in | > | c relief sought, including an accurate, good-faith calculation of the amount in | ||
| > | controversy, enumerated in United States Dollars, including whatever amount of m | > | controversy, enumerated in United States Dollars, including whatever amount of m | ||
| > | oney is demanded and the means by which the demanding party calculated the claim | > | oney is demanded and the means by which the demanding party calculated the claim | ||
| > | ed damages; and (iv) be personally signed by you or the Company, as applicable. | > | ed damages; and (iv) be personally signed by you or the Company, as applicable. | ||
| > | A Notice is only valid when it pertains to, and is on behalf of, an individual p | > | A Notice is only valid when it pertains to, and is on behalf of, an individual p | ||
| > | arty. A Notice brought on behalf of multiple parties is invalid as to all. Both | > | arty. A Notice brought on behalf of multiple parties is invalid as to all. Both | ||
| > | parties agree that they will attempt to resolve a Dispute through an informal ne | > | parties agree that they will attempt to resolve a Dispute through an informal ne | ||
| > | gotiation within sixty (60) days from the date the Notice is received, and you a | > | gotiation within sixty (60) days from the date the Notice is received, and you a | ||
| > | nd the Company therefore agree that, before either you or the Company demands or | > | nd the Company therefore agree that, before either you or the Company demands or | ||
| > | attempts to commence arbitration or litigation (where permitted) against the ot | > | attempts to commence arbitration or litigation (where permitted) against the ot | ||
| > | her, both parties will personally meet and confer, via telephone or videoconfere | > | her, both parties will personally meet and confer, via telephone or videoconfere | ||
| > | nce, with each other in a good-faith effort to resolve informally any Dispute. T | > | nce, with each other in a good-faith effort to resolve informally any Dispute. T | ||
| > | hese informal resolution conferences shall be individualized such that a separat | > | hese informal resolution conferences shall be individualized such that a separat | ||
| > | e conference must be held each time either party intends to commence individual | > | e conference must be held each time either party intends to commence individual | ||
| > | arbitration or litigation (where permitted); multiple parties initiating claims | > | arbitration or litigation (where permitted); multiple parties initiating claims | ||
| > | cannot participate in the same informal resolution conference, unless mutually a | > | cannot participate in the same informal resolution conference, unless mutually a | ||
| > | greed to by the parties. If you are represented by counsel, your counsel may par | > | greed to by the parties. If you are represented by counsel, your counsel may par | ||
| > | ticipate in the conference, but you shall also fully participate in the conferen | > | ticipate in the conference, but you shall also fully participate in the conferen | ||
| > | ce. Engaging in an informal resolution conference is a requirement that must be | > | ce. Engaging in an informal resolution conference is a requirement that must be | ||
| > | fulfilled before commencing arbitration or litigation (where permitted). Any sta | > | fulfilled before commencing arbitration or litigation (where permitted). Any sta | ||
| > | tute of limitations shall be tolled while the parties engage in the informal res | > | tute of limitations shall be tolled while the parties engage in the informal res | ||
| > | olution process required by this paragraph. | > | olution process required by this paragraph. | ||
| 932 | After that sixty (60) day period and not before, and after the informal resoluti | 946 | After that sixty (60) day period and not before, and after the informal resoluti | ||
| > | on conference has occurred and not before, either party may elect, in a written | > | on conference has occurred and not before, either party may elect, in a written | ||
| > | Notice to the other party as described above, that it will pursue the matter eit | > | Notice to the other party as described above, that it will pursue the matter eit | ||
| > | her through small claims court or arbitration. The party receiving the notice sh | > | her through small claims court or arbitration. The party receiving the notice sh | ||
| > | all then have seven (7) days to respond, including to elect for the case to be h | > | all then have seven (7) days to respond, including to elect for the case to be h | ||
| > | eard by a small claims court with jurisdiction. After that seven (7) day period | > | eard by a small claims court with jurisdiction. After that seven (7) day period | ||
| > | and not before, either party may commence arbitration if not proceeding in small | > | and not before, either party may commence arbitration if not proceeding in small | ||
| > | claims court with jurisdiction. You agree that compliance with the informal res | > | claims court with jurisdiction. You agree that compliance with the informal res | ||
| > | olution process described above is a condition precedent to commencing arbitrati | > | olution process described above is a condition precedent to commencing arbitrati | ||
| > | on or filing a claim in small claims court. A party’s failure to satisfy this co | > | on or filing a claim in small claims court. A party’s failure to satisfy this co | ||
| > | ndition precedent entitles the opposing party to seek immediate dismissal of the | > | ndition precedent entitles the opposing party to seek immediate dismissal of the | ||
| > | arbitration or litigation (where permitted) and the right to seek reimbursement | > | arbitration or litigation (where permitted) and the right to seek reimbursement | ||
| > | for its costs. If either party elects small claims court, the Dispute will be r | > | for its costs. If either party elects small claims court, the Dispute will be r | ||
| > | esolved in that forum and not through arbitration. Each party agrees that state | > | esolved in that forum and not through arbitration. Each party agrees that state | ||
| > | courts in the City of Oakland and County of Alameda, California, or federal cour | > | courts in the City of Oakland and County of Alameda, California, or federal cour | ||
| > | t for the Northern District of California, referenced below, may enter injunctiv | > | t for the Northern District of California, referenced below, may enter injunctiv | ||
| > | e relief to enforce the pre-filing requirements of this paragraph, including an | > | e relief to enforce the pre-filing requirements of this paragraph, including an | ||
| > | injunction to stay an arbitration that has been commenced in violation of this p | > | injunction to stay an arbitration that has been commenced in violation of this p | ||
| > | aragraph. Each party also agrees that state courts in the City of Oakland and Co | > | aragraph. Each party also agrees that state courts in the City of Oakland and Co | ||
| > | unty of Alameda, California, or federal court for the Northern District of Calif | > | unty of Alameda, California, or federal court for the Northern District of Calif | ||
| > | ornia may address whether a claim filed in small claims court or in arbitration | > | ornia may address whether a claim filed in small claims court or in arbitration | ||
| > | has been previously released. | > | has been previously released. | ||
| 933 | Scope of Arbitration. If we and you are not able to resolve the Dispute by infor | 947 | Scope of Arbitration. If we and you are not able to resolve the Dispute by infor | ||
| > | mal negotiation or, as provided below, in a small claims court, all Disputes wil | > | mal negotiation or, as provided below, in a small claims court, all Disputes wil | ||
| > | l be resolved finally and exclusively by binding individual arbitration with a s | > | l be resolved finally and exclusively by binding individual arbitration with a s | ||
| > | ingle arbitrator (the “Arbitrator”) administered by National Arbitration and Med | > | ingle arbitrator (the “Arbitrator”) administered by National Arbitration and Med | ||
| > | iation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules | > | iation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules | ||
| > | and Procedures (the “NAM Rules”), and this Section. In the event NAM is unavail | > | and Procedures (the “NAM Rules”), and this Section. In the event NAM is unavail | ||
| > | able to administer the arbitration, either party may invoke 9 U.S.C. § 5 to requ | > | able to administer the arbitration, either party may invoke 9 U.S.C. § 5 to requ | ||
| > | est that a court appoint the Arbitrator. Except as set forth above, and for Disp | > | est that a court appoint the Arbitrator. Except as set forth above, and for Disp | ||
| > | utes subject to jurisdiction in small claims court, the Arbitrator shall be resp | > | utes subject to jurisdiction in small claims court, the Arbitrator shall be resp | ||
| > | onsible for determining all threshold arbitrability issues, including issues rel | > | onsible for determining all threshold arbitrability issues, including issues rel | ||
| > | ating to whether the Terms (or any aspect thereof) are enforceable, unconscionab | > | ating to whether the Terms (or any aspect thereof) are enforceable, unconscionab | ||
| > | le or illusory and any defense to arbitration, including waiver, delay, laches, | > | le or illusory and any defense to arbitration, including waiver, delay, laches, | ||
| > | or estoppel. | > | or estoppel. | ||
| 935 | Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including | 949 | Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including | ||
| > | its procedural provisions, fully applies. So long as it is consistent with the | > | its procedural provisions, fully applies. So long as it is consistent with the | ||
| > | NAM Rules, the arbitration shall occur through the submission of documents to on | > | NAM Rules, the arbitration shall occur through the submission of documents to on | ||
| > | e Arbitrator. To the extent the Arbitrator determines that a hearing is required | > | e Arbitrator. To the extent the Arbitrator determines that a hearing is required | ||
| > | , the arbitration shall be conducted remotely by telephone or video conference. | > | , the arbitration shall be conducted remotely by telephone or video conference. | ||
| > | To the extent that the Arbitrator determines that an in-person hearing is requir | > | To the extent that the Arbitrator determines that an in-person hearing is requir | ||
| > | ed, the arbitration hearing will take place as close to your hometown as practic | > | ed, the arbitration hearing will take place as close to your hometown as practic | ||
| > | able. You and the Company will have the right to file early or summary dispositi | > | able. You and the Company will have the right to file early or summary dispositi | ||
| > | ve motions. The Arbitrator’s award will be binding on the parties and may be ent | > | ve motions. The Arbitrator’s award will be binding on the parties and may be ent | ||
| > | ered as a judgment in any court of competent jurisdiction. The Company values yo | > | ered as a judgment in any court of competent jurisdiction. The Company values yo | ||
| > | ur privacy, particularly with respect to your financial transactions and data. E | > | ur privacy, particularly with respect to your financial transactions and data. E | ||
| > | ach of the parties shall maintain the confidential nature of the arbitration and | > | ach of the parties shall maintain the confidential nature of the arbitration and | ||
| > | shall not (without the prior written consent of the other party) disclose to an | > | shall not (without the prior written consent of the other party) disclose to an | ||
| > | y third party the fact, existence, content, award, or other result of the arbitr | > | y third party the fact, existence, content, award, or other result of the arbitr | ||
| > | ation, except as may be necessary to enforce, enter, or challenge such award in | > | ation, except as may be necessary to enforce, enter, or challenge such award in | ||
| > | a court of competent jurisdiction or as otherwise required by applicable law. Wh | > | a court of competent jurisdiction or as otherwise required by applicable law. Wh | ||
| > | ile an Arbitrator may award declaratory or injunctive relief, the Arbitrator may | > | ile an Arbitrator may award declaratory or injunctive relief, the Arbitrator may | ||
| > | do so only with respect to the individual party seeking relief and only to the | > | do so only with respect to the individual party seeking relief and only to the | ||
| > | extent necessary to provide relief warranted by the individual party’s claim. Th | > | extent necessary to provide relief warranted by the individual party’s claim. Th | ||
| > | e Arbitrator’s decision and judgment thereon will not have a precedential or col | > | e Arbitrator’s decision and judgment thereon will not have a precedential or col | ||
| > | lateral estoppel effect with respect to disputes involving other parties. | > | lateral estoppel effect with respect to disputes involving other parties. | ||
| 936 | Bellwether Arbitration Procedures. You and the Company agree that if twenty-five | 950 | Bellwether Arbitration Procedures. You and the Company agree that if twenty-five | ||
| > | (25) or more similar individual arbitration demands are brought against you or | > | (25) or more similar individual arbitration demands are brought against you or | ||
| > | us by or with the assistance of the same or coordinated counsel or entities (“Ma | > | us by or with the assistance of the same or coordinated counsel or entities (“Ma | ||
| > | ss Proceeding”), the parties shall select twelve (12) individual arbitration dem | > | ss Proceeding”), the parties shall select twelve (12) individual arbitration dem | ||
| > | ands (six (6) per side) for arbitration to proceed (“Bellwether Arbitrations”). | > | ands (six (6) per side) for arbitration to proceed (“Bellwether Arbitrations”). | ||
| > | The determination of whether or not a demand/demands is/are part of a “Mass Proc | > | The determination of whether or not a demand/demands is/are part of a “Mass Proc | ||
| > | eeding” is in the arbitration provider’s sole discretion; however, either party | > | eeding” is in the arbitration provider’s sole discretion; however, either party | ||
| > | can request the appointment of a Procedural Arbitrator (as described below) if t | > | can request the appointment of a Procedural Arbitrator (as described below) if t | ||
| > | hey do not agree with the arbitration provider’s determination. | > | hey do not agree with the arbitration provider’s determination. | ||
| 937 | While the Bellwether Arbitrations are adjudicated, all other demands for arbitra | 951 | While the Bellwether Arbitrations are adjudicated, all other demands for arbitra | ||
| > | tion that are part of the Mass Proceeding shall be held in abeyance and stayed, | > | tion that are part of the Mass Proceeding shall be held in abeyance and stayed, | ||
| > | and no party shall be responsible for paying any administrator or arbitrator fee | > | and no party shall be responsible for paying any administrator or arbitrator fee | ||
| > | s (other than the arbitration provider’s initial filing/administrative fees, and | > | s (other than the arbitration provider’s initial filing/administrative fees, and | ||
| > | Procedural Arbitrator fees, if applicable) with respect to such stayed demands | > | Procedural Arbitrator fees, if applicable) with respect to such stayed demands | ||
| > | while the Bellwether Arbitrations are adjudicated. Any applicable statute of lim | > | while the Bellwether Arbitrations are adjudicated. Any applicable statute of lim | ||
| > | itations shall be tolled as to non-Bellwether Arbitrations demands when such non | > | itations shall be tolled as to non-Bellwether Arbitrations demands when such non | ||
| > | -Bellwether Arbitrations are held in abeyance. The tolling period will begin whe | > | -Bellwether Arbitrations are held in abeyance. The tolling period will begin whe | ||
| > | n the claimant first provided the Notice of its intent to initiate an informal r | > | n the claimant first provided the Notice of its intent to initiate an informal r | ||
| > | esolution conference as described above. | > | esolution conference as described above. | ||
| n | 938 | Any party may request, within five (5) Business Days of being notified by the ar | n | 952 | Any party may request, within five (5) Business Days of being notified by the ar |
| > | bitration provider that a Mass Proceeding exists, that the arbitration provider | > | bitration provider that a Mass Proceeding exists, that the arbitration provider | ||
| > | appoint a sole procedural arbitrator (“Procedural Arbitrator”) to determine init | > | appoint a sole procedural arbitrator (“Procedural Arbitrator”) to determine init | ||
| > | ial questions that arise in the Bellwether Arbitrations, including whether the B | > | ial questions that arise in the Bellwether Arbitrations, including whether the B | ||
| > | ellwether Arbitration procedures are applicable or enforceable, whether any part | > | ellwether Arbitration procedures are applicable or enforceable, whether any part | ||
| > | icular demand is part of a Mass Proceeding, and whether any particular demand wi | > | icular demand is part of a Mass Proceeding, and whether any particular demand wi | ||
| > | thin a Mass Proceeding was filed in accordance with this Section XXII.20. To exp | > | thin a Mass Proceeding was filed in accordance with this Section XXIII.20. To ex | ||
| > | edite the Procedural Arbitrator’s resolution of any such initial questions, the | > | pedite the Procedural Arbitrator’s resolution of any such initial questions, the | ||
| > | parties agree that the Procedural Arbitrator may set forth such procedures as ar | > | parties agree that the Procedural Arbitrator may set forth such procedures as a | ||
| > | e necessary to resolve any such initial questions promptly. The parties agree th | > | re necessary to resolve any such initial questions promptly. The parties agree t | ||
| > | at procedures outlined in the NAM Mass Filing Supplemental Dispute Resolution Ru | > | hat procedures outlined in the NAM Mass Filing Supplemental Dispute Resolution R | ||
| > | les and Procedures (available at https://www.namadr.com/resources/rules-fees-for | > | ules and Procedures (available at https://www.namadr.com/resources/rules-fees-fo | ||
| > | ms/ shall apply to the appointment and conduct of the Procedural Arbitrator. The | > | rms/ shall apply to the appointment and conduct of the Procedural Arbitrator. Th | ||
| > | Company shall pay the Procedural Arbitrator’s costs. | > | e Company shall pay the Procedural Arbitrator’s costs. | ||
| 939 | All parties agree that the Bellwether Arbitration procedures are designed to be | 953 | All parties agree that the Bellwether Arbitration procedures are designed to be | ||
| > | a generally faster, more efficient, and more affordable mechanism for resolving | > | a generally faster, more efficient, and more affordable mechanism for resolving | ||
| > | a Mass Proceeding, including the claims of individual parties who are not select | > | a Mass Proceeding, including the claims of individual parties who are not select | ||
| > | ed for a Bellwether Arbitration. All parties shall work in good faith with the A | > | ed for a Bellwether Arbitration. All parties shall work in good faith with the A | ||
| > | rbitrator or Procedural Arbitrator to complete each Bellwether Arbitration withi | > | rbitrator or Procedural Arbitrator to complete each Bellwether Arbitration withi | ||
| > | n one hundred and twenty (120) calendar days of its initial pre-hearing conferen | > | n one hundred and twenty (120) calendar days of its initial pre-hearing conferen | ||
| > | ce. | > | ce. | ||
| n | 940 | Following resolution of the Bellwether Arbitrations, all parties agree to engage | n | 954 | Following resolution of the Bellwether Arbitrations, all parties agree to engage |
| > | in a mediation of all remaining arbitration demands comprising the Mass Proceed | > | in a mediation of all remaining arbitration demands comprising the Mass Proceed | ||
| > | ing (the “Bellwether Mediation”). The Bellwether Mediation shall be administered | > | ing (the “Bellwether Mediation”). The Bellwether Mediation shall be administered | ||
| > | by the arbitration provider. If the parties are unable to resolve the remaining | > | by the arbitration provider. If the parties are unable to resolve the remaining | ||
| > | demands for arbitration comprising the Mass Proceeding within thirty (30) calen | > | demands for arbitration comprising the Mass Proceeding within thirty (30) calen | ||
| > | dar days following the Bellwether Mediation, the remaining demands for arbitrati | > | dar days following the Bellwether Mediation, the remaining demands for arbitrati | ||
| > | on comprising the Mass Proceeding shall be administered by the arbitration provi | > | on comprising the Mass Proceeding shall be administered by the arbitration provi | ||
| > | der on an individual basis pursuant to the arbitration provider’s rules and this | > | der on an individual basis pursuant to the arbitration provider’s rules and this | ||
| > | Section XXII.20, unless the parties mutually agree otherwise in writing. | > | Section XXIII.20, unless the parties mutually agree otherwise in writing. | ||
| 941 | All parties agree to cooperate in good faith with the arbitration provider to im | 955 | All parties agree to cooperate in good faith with the arbitration provider to im | ||
| > | plement the Bellwether Arbitration procedures, including deferring any costs ass | > | plement the Bellwether Arbitration procedures, including deferring any costs ass | ||
| > | ociated with the non-Bellwether Arbitration Mass Proceedings until the Bellwethe | > | ociated with the non-Bellwether Arbitration Mass Proceedings until the Bellwethe | ||
| > | r Arbitrations and subsequent Bellwether Mediation have concluded, and cooperate | > | r Arbitrations and subsequent Bellwether Mediation have concluded, and cooperate | ||
| > | on any steps to minimize the time and costs of arbitration, which may include t | > | on any steps to minimize the time and costs of arbitration, which may include t | ||
| > | he appointment of a discovery special master to assist the Arbitrator in the res | > | he appointment of a discovery special master to assist the Arbitrator in the res | ||
| > | olution of discovery disputes and the adoption of an expedited calendar of the a | > | olution of discovery disputes and the adoption of an expedited calendar of the a | ||
| > | rbitration proceedings. | > | rbitration proceedings. | ||
| n | 942 | These Bellwether Arbitration procedures shall in no way be interpreted as author | n | 956 | These Bellwether Arbitration procedures shall in no way be interpreted as author |
| > | izing a class, collective, or mass action of any kind, or an arbitration involvi | > | izing a class, collective, or mass action of any kind, or an arbitration involvi | ||
| > | ng joint or consolidated claims under any circumstances, except as expressly set | > | ng joint or consolidated claims under any circumstances, except as expressly set | ||
| > | forth in this Section XXII.20. | > | forth in this Section XXIII.20. | ||
| 943 | Arbitration Fees. In accordance with the NAM Rules, the party initiating the arb | 957 | Arbitration Fees. In accordance with the NAM Rules, the party initiating the arb | ||
| > | itration (either you or us) is responsible for paying the applicable filing fee. | > | itration (either you or us) is responsible for paying the applicable filing fee. | ||
| > | You agree that you do not intend to use the Service for personal, family or hou | > | You agree that you do not intend to use the Service for personal, family or hou | ||
| > | sehold use. Accordingly, for purposes of calculating any arbitration costs and f | > | sehold use. Accordingly, for purposes of calculating any arbitration costs and f | ||
| > | ees, you and the Company agree that you are not a "consumer," and that the NAM C | > | ees, you and the Company agree that you are not a "consumer," and that the NAM C | ||
| > | omprehensive Fees schedule will apply. The arbitrator’s hourly fees (also referr | > | omprehensive Fees schedule will apply. The arbitrator’s hourly fees (also referr | ||
| > | ed to as Arbitrator Hearing Time) shall be split evenly between the parties. For | > | ed to as Arbitrator Hearing Time) shall be split evenly between the parties. For | ||
| > | purposes of this arbitration agreement, references to you and the Company also | > | purposes of this arbitration agreement, references to you and the Company also | ||
| > | include respective subsidiaries, affiliates, agents, employees, predecessors, su | > | include respective subsidiaries, affiliates, agents, employees, predecessors, su | ||
| > | ccessors and assigns as well as authorized users or beneficiaries of the Service | > | ccessors and assigns as well as authorized users or beneficiaries of the Service | ||
| > | s. | > | s. | ||
| 944 | Opt Out. You may reject this arbitration agreement, in which case only a court m | 958 | Opt Out. You may reject this arbitration agreement, in which case only a court m | ||
| > | ay be used to resolve any Dispute. To reject this agreement, you must send us an | > | ay be used to resolve any Dispute. To reject this agreement, you must send us an | ||
| > | opt-out notice (the “Opt Out”) within thirty (30) days after you first create y | > | opt-out notice (the “Opt Out”) within thirty (30) days after you first create y | ||
| > | our Account, or for existing customers who agree to this as a terms update, with | > | our Account, or for existing customers who agree to this as a terms update, with | ||
| > | in thirty (30) days of agreeing to such updated terms. The Opt Out must be maile | > | in thirty (30) days of agreeing to such updated terms. The Opt Out must be maile | ||
| > | d to Block, Inc., Attn: Arbitration Agreement, 1955 Broadway, Suite 600, Oakland | > | d to Block, Inc., Attn: Arbitration Agreement, 1955 Broadway, Suite 600, Oakland | ||
| > | , 94612 (please note that any correspondence not related to opting out sent to t | > | , 94612 (please note that any correspondence not related to opting out sent to t | ||
| > | his address will not receive a reply). For your convenience, we are providing an | > | his address will not receive a reply). For your convenience, we are providing an | ||
| > | opt out notice form you must fill in to Opt Out. You must complete this form by | > | opt out notice form you must fill in to Opt Out. You must complete this form by | ||
| > | providing your name, address, $Cashtag, phone number and the email address(es) | > | providing your name, address, $Cashtag, phone number and the email address(es) | ||
| > | you used to sign up and use the Services. This is the only way of opting out of | > | you used to sign up and use the Services. This is the only way of opting out of | ||
| > | this arbitration agreement. Opting out will not affect any other aspect of the T | > | this arbitration agreement. Opting out will not affect any other aspect of the T | ||
| > | erms, Additional Terms, or the Services, and will have no effect on any future a | > | erms, Additional Terms, or the Services, and will have no effect on any future a | ||
| > | greements you may reach to arbitrate with us. An Opt Out that purports to opt ou | > | greements you may reach to arbitrate with us. An Opt Out that purports to opt ou | ||
| > | t multiple parties will be invalid as to all such parties. No individual party ( | > | t multiple parties will be invalid as to all such parties. No individual party ( | ||
| > | or their agent, representative, or group of agents or representatives) may effec | > | or their agent, representative, or group of agents or representatives) may effec | ||
| > | tuate an Opt Out on behalf of other individual parties. | > | tuate an Opt Out on behalf of other individual parties. | ||
| 945 | Court Proceedings. Subject to and without waiver of the arbitration agreement ab | 959 | Court Proceedings. Subject to and without waiver of the arbitration agreement ab | ||
| > | ove, you agree that any judicial proceedings (other than small claims actions as | > | ove, you agree that any judicial proceedings (other than small claims actions as | ||
| > | discussed above) will be brought in and you hereby consent to the exclusive jur | > | discussed above) will be brought in and you hereby consent to the exclusive jur | ||
| > | isdiction and venue in the state courts in the City of Oakland and County of Ala | > | isdiction and venue in the state courts in the City of Oakland and County of Ala | ||
| > | meda, California, or federal court for the Northern District of California. | > | meda, California, or federal court for the Northern District of California. | ||
| 964 | Note: Cash App representatives will never ask your for your password, PIN, or fu | 978 | Note: Cash App representatives will never ask your for your password, PIN, or fu | ||
| > | ll debit card number. | > | ll debit card number. | ||
| 965 | United States | 979 | United States | ||
| 966 | Cash App Terms of ServiceCash Sutton Bank Terms of ServiceCash Sutton Bank Debit | 980 | Cash App Terms of ServiceCash Sutton Bank Terms of ServiceCash Sutton Bank Debit | ||
| > | Flex Cardholder AgreementCash App Visa Debit Flex Card AgreementCash App Invest | > | Flex Cardholder AgreementCash App Visa Debit Flex Card AgreementCash App Invest | ||
| > | ing Disclosure LibraryPrivacy NoticeCash App E-Sign ConsentCash App Copyright an | > | ing Disclosure LibraryPrivacy NoticeCash App E-Sign ConsentCash App Copyright an | ||
| > | d Trademark PolicyCash for Business Payment TermsCash App Taxes Terms of Service | > | d Trademark PolicyCash for Business Payment TermsCash App Taxes Terms of Service | ||
| > | Cash App Taxes Privacy NoticeBitcoin DisclosuresCash App Offers TermsCash App Ac | > | Cash App Taxes Privacy NoticeBitcoin DisclosuresCash App Offers TermsCash App Ac | ||
| > | ceptable Use PolicyCash App Savings Terms of ServiceTerms of Service for Pools C | > | ceptable Use PolicyCash App Savings Terms of ServiceTerms of Service for Pools C | ||
| > | ontributors (No Account) | > | ontributors (No Account) | ||
| t | 967 | LegalLicensesSecurityPressBitcoinStatusContact UsX LogoInstagram Logo | t | 981 | LegalLicensesSecurityPressBitcoinStatusContact UsYour Privacy ChoicesX LogoInsta |
| > | gram Logo | ||||
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