| Before | After | ||
|---|---|---|---|
| 110 | Additional terms applicable to Cash App Business Accounts are set forth in Section XI below. 3. | 110 | Additional terms applicable to Cash App Business Accounts are set forth in Section XI below. |
| 111 | Eligible sole proprietors who prefer to receive payments for goods and services within their personal Cash App Account may use the Earn in P2P Service instead (see Section VII.7). 3. | ||
| 441 | Description Of Service The peer-to-peer Service (“Peer-to-Peer Service”) allows you to send funds or receive funds for peer-to-peer personal, non-commercial purposes. 2. | 442 | Description Of Service The peer-to-peer Service (“Peer-to-Peer Service”) allows you to send funds or receive funds for peer-to-peer personal, non-commercial purposes. |
| 443 | Eligible sole proprietors may also use the Peer-to-Peer Service to receive payments for goods and services through the Earn in P2P Service, subject to the additional terms set forth in Section VII.7 below. 2. | ||
| 520 | Selling on Cash App ("Earn in P2P") a Description of Service The "Earn in P2P" Service allows eligible sole proprietors to receive payments for goods and services directly within their personal Cash App Account (an "Earnings Transaction"), without opening a Cash App Business Account. | ||
| 521 | Earn in P2P is currently an optional feature and must be activated through the enrollment process described below. | ||
| 522 | This Section VII.7 supplements all other applicable Cash App Terms. | ||
| 523 | To the extent of any conflict between this Section VII.7 and other provisions of the Cash App Terms with respect to the Earn in P2P Service, this Section VII.7 controls. b. | ||
| 524 | Eligibility To enroll in and maintain Earn in P2P, you must: hold a Cash App Account (Prepaid Account or Debit Flex Account) for which you have verified your identity. | ||
| 525 | Restricted Accounts and Sponsored Accounts are not eligible; be an individual operating in your personal capacity as a sole proprietor. | ||
| 526 | Persons conducting business through a registered entity, including single-member LLCs, multi-member LLCs, corporations, partnerships, nonprofits, or any other business organization are not eligible and must use a Cash App Business Account (see Section XI) to receive payments for goods and services; have provided your full nine-digit Social Security Number and completed the Company’s identity verification process before receiving any Earnings Transactions; and be at least 18 years of age. | ||
| 527 | We reserve the right to verify your eligibility at any time and to suspend or revoke your access to the Earn in P2P Service if you no longer meet these requirements. c. | ||
| 528 | Sole Proprietor Certification By enrolling in and using Earn in P2P, you represent, warrant, and certify that: you are operating as a sole proprietor, in your individual capacity, and are not conducting business through any registered business entity of any kind (including, but not limited to, an LLC, corporation, partnership, or nonprofit); you have the full legal right and authority to enter into these Cash App Terms in your individual capacity; and you will immediately cease use of Earn in P2P if you form or begin operating through a registered business entity while using Earn in P2P. d. | ||
| 529 | Designating Earnings Transactions (a) Tagging. | ||
| 530 | You are responsible for accurately designating payments you receive as either "Earnings" (a commercial payment for goods or services) or "Personal" (a non-commercial payment). | ||
| 531 | (b) Accuracy. | ||
| 532 | You agree to designate payments accurately and in good faith. | ||
| 533 | Designating a payment for goods or services as "Personal" for the purpose of avoiding tax reporting thresholds or any other legal obligation is a violation of these Cash App Terms and may result in suspension or termination of your Account. | ||
| 534 | (c) Redesignation of Transactions. | ||
| 535 | We reserve the right to maintain limits on revising designation of transactions, including the circumstances in which you may redesignate transactions and how often you may redesignate transactions. e. | ||
| 536 | Personal Use of Cash App Balance Notwithstanding your use of Earn in P2P, you agree that all funds held in your Cash App Balance, including Earnings, will be used solely for personal, non-commercial purposes once deposited into your Cash App Balance. | ||
| 537 | Your Cash App Account remains a personal consumer account and is not a business operating account. | ||
| 538 | You agree not to use your Cash App Balance as a business operating account. f. | ||
| 539 | Tax Reporting and Backup Withholding (a) Form 1099-K Reporting. | ||
| 540 | If in a given calendar year you use Earn in P2P to process Earnings Transactions (i) more than the applicable reporting threshold according to the Internal Revenue Service (“IRS”) and/or state and local governments in gross amount of payments and/or (ii) more than the applicable number of payments threshold according to the IRS and/or state and local governments, Cash App will be required by law to report information about you and your use of Earn in P2P to the IRS and applicable state and local governments. | ||
| 541 | For purposes of determining whether the applicable IRS and, if applicable, state reporting threshold has been met, the gross amount does not include any adjustments for credits, cash equivalents, discount amounts, fees, refunded amounts or any other amounts. | ||
| 542 | Whether you reach the applicable gross amount in payments or more than the applicable number of payments, this will be determined by looking at the taxpayer identification number (“TIN”) provided in connection with your Cash App Account. | ||
| 543 | You are solely responsible for all tax obligations arising from your Earnings activity, including self-employment taxes. | ||
| 544 | (b) Social Security Number Requirement and Backup Withholding. | ||
| 545 | You must provide your full nine-digit Social Security Number before receiving any Earnings Transactions. | ||
| 546 | If a valid Social Security Number is not on file at the time of a reportable Earnings Transaction, we are required by law to withhold 24% of that payment as backup withholding and remit it to the IRS on your behalf. | ||
| 547 | By using Earn in P2P, you authorize us to apply backup withholding if required and to remit any withheld amounts to the Internal Revenue Service. | ||
| 548 | (c) No Tax Advice. | ||
| 549 | We do not provide tax advice. | ||
| 550 | You are solely responsible for determining your tax obligations and for reporting and paying all applicable federal, state, and local taxes on your Earnings. | ||
| 551 | You should consult a tax advisor regarding the federal, state, and local tax consequences of your use of the Earn in P2P Service. g. | ||
| 552 | Transition to Cash App Business Account We may, in our discretion, require you to transition to a Cash App Business Account (see Section XI) for any reason, including if we conclude that a dedicated business account is the more appropriate account for you. h Prohibited Uses In addition to the Prohibited Uses set forth in the Cash App Acceptable Use Policy (Section XXIII.5), you may not use Earn in P2P to: receive payments on behalf of any registered business entity, LLC, corporation, or any person other than yourself; or designate payments inaccurately to avoid tax reporting thresholds or other legal obligations. i. | ||
| 553 | Modification and Availability The Earn in P2P Service is subject to change. | ||
| 554 | We reserve the right to modify, limit, or discontinue the Earn in P2P Service, or any aspect of it, at any time. | ||
| 555 | Any Cash App Green benefits associated with Earn in P2P activity, if offered, are governed by the terms set forth in Section XIX of these Cash App Terms. j. | ||
| 556 | No Employment or Partnership Relationship Nothing in this Section VII.7 creates a partnership, joint venture, employment, or franchise relationship between you and us. | ||
| 557 | You are an independent sole proprietor solely responsible for your business activities, customer relationships, pricing, and compliance with all applicable laws. k. | ||
| 558 | Unsupported Industries Except where prohibited by law, you may not receive Earnings Transactions for the following businesses or business activities: (1) any illegal activity or goods, (2) paraphernalia that may be used for illegal activity, (3) buyers or membership clubs, including dues associated with such clubs, (4) credit counseling or credit repair agencies, (5) credit protection or identity theft protection services, (6) direct marketing or subscription offers or services, (7) infomercial sales, (8) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit, including re-importation of pharmaceuticals from foreign countries), (9) unauthorized multi-level marketing businesses, (10) inbound or outbound telemarketers, (11) prepaid phone cards or phone services, (12) rebate based businesses, (13) up-sell merchants, (14) bill payment services, (15) betting, including lottery tickets, sports related gambling, casino gaming chips, off-track betting, and wagers at races, (16) manual or automated cash disbursements, (17) prepaid cards, checks, insurance or other financial merchandise or services, (18) sales of money-orders or foreign currency, (19) wire transfer money orders, (20) high-risk products and services, including telemarketing sales, (21) automated fuel dispensers, (22) adult entertainment oriented products or services (in any medium, including internet, telephone, or printed material), (23) sales of (i) firearms, firearm parts or hardware, and ammunition; or (ii) weapons and other devices designed to cause physical injury (24) internet/mail order/telephone order of age restricted products (e.g., tobacco), (25) occult materials, (26) hate or harmful products, (27) escort services, (28) bankruptcy attorneys or collection agencies engaged in the collection of debt; or (29) collecting funds for political contributions (including but not limited to campaign-related donations or funds to support the operations of a political action committee, political party, or candidate). | ||
| 559 | In addition, you may not receive Earnings Transactions if your sole proprietorship is connected in any way to any other business that conducts illegal activities, sells illegal goods, or facilitates the sale of illegal goods, for example, cannabis, even if you do not receive Earnings Transactions in relation to that specific business. | ||
| 560 | We may, in our sole discretion and without prior notice to you, prohibit the use of the Earn in P2P Service in connection with other businesses or business activities. l. | ||
| 561 | Our Fees We do not currently charge fees in connection with the receipt of Earnings Transactions. | ||
| 562 | Subject to these Cash App Terms, we reserve the right to charge fees upon reasonable advance notice. m. | ||
| 563 | Reserve for Holding Funds We may withhold funds by temporarily suspending or delaying Earnings Transactions and/or designate an amount of funds that the you must maintain in your Cash App Balance or in a separate reserve account (a “Reserve”) to secure the performance of its obligations under any agreement between the you and the Company. | ||
| 564 | The Reserve may also be used to satisfy the Company’s obligations to hold or remit funds as required by any creditor or governmental authority, including levies, liens, or garnishments. | ||
| 565 | We may require a Reserve for any reason related to your receipt of Earnings Transactions. | ||
| 566 | The Reserve will be in an amount as reasonably determined by us to cover potential losses to the Company. | ||
| 567 | The Reserve may be raised, reduced or removed at any time by the Company, in its sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against the you in the Company’s favor, or otherwise as the Company or its processor may determine or require. | ||
| 568 | If you do not have sufficient funds in its Reserve, we may fund the Reserve from any funding source associated with the your Cash App Account, including any funds (a) transferred by you, (b) due to you, or (c) available in the your bank account, or other payment instrument registered with us. | ||
| 569 | You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve or any bank account linked to your Cash App Account, without prior notice to the Business, to collect amounts that you owe us. | ||
| 570 | You will execute any additional documentation required for us to create, perfect our security interest in any funds in the Reserve. | ||
| 571 | This security interest survives for as long as we hold funds in the Reserve. n. | ||
| 572 | Chargebacks Y our Liability for Chargebacks There may be times when your customer may contest an Earnings Transaction (for example when the customer is not the authorized user of the Card associated with a transaction). | ||
| 573 | In these instances, the amount of a transaction may be reversed or charged back to your account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by American Express Travel Related Services Company, Inc. | ||
| 574 | (“American Express”), DFS Services, LLC (“Discover”), Mastercard International Inc. | ||
| 575 | (“Mastercard”) and Visa Inc. | ||
| 576 | (“Visa”) (collectively, the “Networks”), our processor, or a customer or its financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the these Cash App Terms. | ||
| 577 | You will comply with the Chargeback process and assume all liability associated with such Chargebacks. | ||
| 578 | Our Collection Rights for Chargebacks You authorize us to recover from you the amount of any Chargeback and any associated fees, fines, or penalties assessed by a Network or our processor, including by debiting your Cash App Balance. | ||
| 579 | Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you until such time that (a) a Chargeback is assessed due to a customer complaint, in which case we will retain the funds, (b) the period of time under applicable law or regulation by which your customer may dispute that the transaction has expired, or (c) we determine that a Chargeback on the transaction will not occur. | ||
| 580 | If we are unable to recover funds related to a Chargeback for which you are liable, you agree to pay us the full amount of the Chargeback immediately upon demand. | ||
| 581 | You agree to pay all costs and expenses, including attorneys’ fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you. | ||
| 582 | Excessive Chargebacks If we believe you might incur, or are incurring, an excessive amount of Chargebacks, we may establish additional conditions governing your use of Earnings Transactions, including (a) establishing new processing fees, (b) delaying payouts, (c) terminating or suspending the Earn in P2P Service; or (d) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees. | ||
| 583 | Contesting Chargebacks You will assist us when requested, at its expense, to investigate any of its transactions processed through the Earn in P2P Service. | ||
| 584 | To that end, you permit us to share information about a Chargeback with the customer, the customer’s financial institution, the Network, and the Business’s financial institution in order to investigate and/or mediate a Chargeback. | ||
| 585 | We will request necessary information from you to contest the Chargeback. | ||
| 586 | We may also use any Content uploaded through the Services to respond to Chargebacks on your behalf. | ||
| 587 | If a Chargeback dispute is not resolved in the Business’s favor by the Network or issuing bank or the Business chooses not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in these terms. | ||
| 588 | The Business acknowledges that its failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within fifteen (15) days of our request, may result in an irreversible Chargeback. | ||
| 589 | We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes. | ||
| 590 | Compliance with Network Rules and Laws You will not act as a payment facilitator or otherwise resell any of the Earn in P2P Services to any third party. | ||
| 591 | You will not use the Earn in P2P Service to handle, process or transmit funds for any third party. | ||
| 592 | You also may not use the Earn in P2P Service to process cash advances. | ||
| 593 | You will only accept payments for transactions that are allowed by applicable law. | ||
| 594 | We may decide not to authorize or settle any transaction submitted to us if we believe that the transaction is in violation of these Cash App Terms or any other agreement with the Company, or that it exposes you, your customers, other Sellers, our processors, or the Company to harm. | ||
| 595 | Harm includes fraud and other criminal acts. | ||
| 596 | If we suspect that your Cash App Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Cash App Account, and any associated transactions with law enforcement and, as deemed necessary by the Company, our payment processing and financial institution partners, in accordance with applicable state, local, and federal laws and regulations governing such information sharing. | ||
| 597 | You will comply with all applicable bylaws, rules, and regulations set forth by the Networks (“Network Rules”). | ||
| 598 | The Networks amend their rules and regulations from time to time. | ||
| 599 | The Company may be required to change these terms in connection with amendments to the Network Rules. | ||
| 600 | Significant portions of the Network Rules are available to the public at https://visa.com , https://www.mastercard.com , and https://www.americanexpress.com/merchantopguide . | ||
| 601 | In the event of inconsistency between a Network Rule and these Cash App Terms, and except as otherwise agreed between the Company and the Network, the Network Rule shall apply. | ||
| 602 | You also agree to be bound by any applicable NACHA Rules. | ||
| 603 | Use of Network logos and marks (“Network Marks”) is governed by the Network Rules. | ||
| 604 | You will comply with these requirements. | ||
| 605 | The Networks are the sole and exclusive owners of their respective Network Marks. | ||
| 606 | You will not contest the ownership of the Network Marks, and any Network may prohibit you from using its Network Marks for any reason and at any time. | ||
| 607 | The Company may require you to make modifications to its website or other advertising and signage in order to comply with Network Rules related to the Network Marks. | ||
| 608 | Your failure to comply with the Network Rules may result in fines or other losses to the Company. | ||
| 609 | In addition to your other indemnity obligations, including the Indemnity section of these Cash App Terms, you will indemnify us and reimburse us immediately for any fines or losses directly or indirectly caused by you or your agents’ actions. 8. | ||
| 521 | We may adjust these limits at any time at our discretion. 8. | 613 | We may adjust these limits at any time at our discretion. 9. |
| 526 | We reserve the right to charge for or change the fees associated with use of the Peer-to-Peer Service at any time with reasonable notice, subject to these Cash App Terms. 9. | 618 | We reserve the right to charge for or change the fees associated with use of the Peer-to-Peer Service at any time with reasonable notice, subject to these Cash App Terms. 10. |
| 531 | If we are not able to do so, we may use other reasonable means to return the P2P Payment to you, as permitted by applicable law. 10. | 623 | If we are not able to do so, we may use other reasonable means to return the P2P Payment to you, as permitted by applicable law. 11. |
| 535 | You acknowledge and agree that we will not be liable in any way for any P2P Payments that you may receive, regardless of whether you authorized the Sender to send them to you. 11. | 627 | You acknowledge and agree that we will not be liable in any way for any P2P Payments that you may receive, regardless of whether you authorized the Sender to send them to you. 12. |
| 538 | See Section XII, Transaction Information and Disputes for more information regarding errors and unauthorized transactions on your account. 12. | 630 | See Section XII, Transaction Information and Disputes for more information regarding errors and unauthorized transactions on your account. 13. |
| 1495 | When indicating that you are a Cash App Business Account, you certify that your use of Payment Services through Cash App is to receive payment(s) that are “reportable payment transactions” as defined in Treas. | 1587 | When indicating that you are a Cash App Business Account, or when using the Earn in P2P Service to accept payments for goods and services, you certify that your use of Payment Services through Cash App is to receive payment(s) that are “reportable payment transactions” as defined in Treas. |
| 1497 | When indicating that your use of the Peer-to-Peer Service is “Personal”, you certify that such uses solely for receipt of payments other than reportable payment transactions. | 1589 | When indicating that your use of the Peer-to-Peer Service is “Personal”, you certify that such use is solely for receipt of payments other than reportable payment transactions. |
| 1498 | For avoidance of doubt, “Personal use” does not allow for the receipt of payment for goods and services you provide others that constitute “reportable payment transactions”as defined in Treas. | 1590 | For avoidance of doubt, “Personal use” does not allow for the receipt of payment for goods and services you provide others that constitute “reportable payment transactions” as defined in Treas. |
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