| Before | After | ||
|---|---|---|---|
| 2 | Proceed anyway General Square General Terms of Service These terms apply if you signed up for Square on or after March 16, 2026 and will become effective and apply to all Square Sellers on April 16, 2026. | 2 | Proceed anyway General Square General Terms of Service These terms apply if you signed up for Square on or after June 1, 2026 and will become effective and apply to all Square Sellers on July 1, 2026. |
| 4 | Last updated March 16, 2026 We’ve included annotations in the gray boxes below to emphasize certain portions of our terms and help guide you as you read them. | 4 | Last updated June 1, 2026 We’ve included annotations in the gray boxes below to emphasize certain portions of our terms and help guide you as you read them. |
| 206 | ANY ARBITRATION UNDER THE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. | 206 | YOU AND SQUARE MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE ACTIONS ARE NOT PERMITTED. |
| 209 | If any term of this arbitration agreement in Section 22 is found unenforceable, including the Bellwether Arbitration 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 action, consolidated action, mass action or representative action arbitration). | 209 | If any term of this arbitration agreement in Section 22 is found unenforceable, including the Mass 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 action, class arbitration, or representative action arbitration). |
| 216 | The Notice must: (i) include your name, mailing address, Square Account name, the email address and phone number associated 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 to determine if an amicable resolution is possible; (iii) set forth the specific relief sought, including an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages; and (iv) be personally signed by you or Square, as applicable. | 216 | The Notice must: (i) include your name, mailing address, Square Account name, and the email address and phone number associated 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 to determine if an amicable resolution is possible; (iii) set forth the specific relief sought, including an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages; and (iv) be personally signed by you or Square, as applicable. |
| 233 | If we and you are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by National Arbitration and Mediation (“NAM”) ( https://www.namadr.org ) according to the NAM Comprehensive Rules and Procedures (the “NAM Rules”), and this Section. | 233 | If we and you are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by National Arbitration and Mediation (“NAM”) ( https://www.namadr.org ) according to the NAM Comprehensive Rules and Procedures in effect at the time of the arbitration, and when applicable, the NAM Supplemental Rules for Mass Arbitration Filings (together, the “NAM Rules”), and this Section 22. |
| 251 | Bellwether Arbitration Procedures. | 251 | Mass Procedures. |
| 252 | You and Square agree that if twenty-five (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 (“Mass Proceeding”), the parties shall select twelve (12) individual arbitration demands (six (6) per side) for arbitration to proceed (“Bellwether Arbitrations”). | 252 | To increase the efficiency of administration and resolution or arbitrations, you and Square agree that in the event that there are twenty-five (25) or more individual arbitration demands of a substantially similar nature filed against Square by or with the assistance of the same or coordinated counsel or entities (“Mass Proceeding”), the parties shall select twelve (12) individual arbitration demands (six (6) per side) for which arbitration will initially proceed (“Bellwether Arbitrations”). |
| 253 | The determination of whether or not a demand/demands is/are part of a “Mass Proceeding” is in the arbitration provider’s sole discretion; however, either party can request the appointment of a Procedural Arbitrator (as described below) if they do not agree with the arbitration provider’s determination. | 253 | The NAM Supplemental Rules for Mass Arbitration Filings shall apply to Mass Proceedings. |
| 254 | While the Bellwether 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 responsible for paying any administrator or arbitrator fees (other than the arbitration provider’s initial filing/administrative fees, and Procedural Arbitrator fees, if applicable) with respect to such stayed demands while the Bellwether Arbitrations are adjudicated. | 254 | While the Bellwether Arbitrations are adjudicated, all other demands for arbitration that are part of the Mass Proceeding shall be held in abeyance and stayed, no other cases may be filed in arbitration, and NAM shall not accept or demand payment of any administration or arbitrator fees in connection with such stayed demands (other than any initial filing fees, and/or Procedural Arbitrator fees, if applicable, already paid or incurred). |
| 257 | Any party may request, within five (5) business days of being notified by the arbitration provider that a Mass Proceeding exists, that the arbitration provider appoint a sole procedural arbitrator (“Procedural Arbitrator”) to determine initial questions that arise in the Bellwether Arbitrations, including whether the Bellwether Arbitration procedures are applicable or enforceable, whether any particular demand is part of a Mass Proceeding, and whether any particular demand within a Mass Proceeding was filed in accordance with this Section 22. | 257 | Throughout this first stage, the Arbitrators for the Bellwether Arbitrations are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. |
| 258 | To expedite the Procedural Arbitrator’s resolution of any such initial questions, the parties agree that the Procedural Arbitrator may set forth such procedures as are necessary to resolve any such initial questions promptly. | 258 | Following resolution of the Bellwether Arbitrations, all parties agree to engage in a single global mediation of all remaining demands comprising the Mass Proceeding (the “Bellwether Mediation”). |
| 259 | The parties agree that procedures outlined in the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (available at https://www.namadr.com/resources/rules-fees-forms/ shall apply to the appointment and conduct of the Procedural Arbitrator. | 259 | Square shall pay the mediation fee. |
| 260 | Square shall pay the Procedural Arbitrator’s costs. | 260 | If the parties are unable to resolve the remaining demands comprising the Mass Proceeding within thirty (30) calendar days following the Bellwether Mediation, NAM shall (1) administer all such remaining demands in batches of 100 demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual demands remain, a single batch of all those demands, and, to the extent there are fewer than 100 demands remaining after the batching described above, a final batch consisting of the remaining demands); (2) appoint one Arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the Arbitrator, and one final award, which will provide for any and all relief to which the Arbitrator determines each individual party is entitled (“Batch Arbitration”). |
| 261 | All parties agree that the Bellwether Arbitration procedures are designed to be a generally faster, more efficient, and more affordable mechanism for resolving a Mass Proceeding, including the claims of individual parties who are not selected for a Bellwether Arbitration. | 261 | NAM shall administer all batches concurrently, to the extent possible. |
| 262 | All parties shall work in good faith with the Arbitrator or Procedural Arbitrator to complete each Bellwether Arbitration within one hundred and twenty (120) calendar days of its initial pre-hearing conference. | 262 | All parties agree that demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. |
| 263 | Following resolution of the Bellwether Arbitrations, all parties agree to engage in a mediation of all remaining arbitration demands comprising the Mass Proceeding (the “Bellwether Mediation”). | 263 | To the extent the parties disagree on the application or enforceability of these Mass Procedures, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to resolve the dispute (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). |
| 264 | The Bellwether Mediation shall be administered by the arbitration provider. | 264 | In an effort to expedite resolution of any such initial questions, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any such initial questions promptly. |
| 265 | If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Proceeding within thirty (30) calendar days following the Bellwether Mediation, the remaining demands for arbitration comprising the Mass Proceeding shall be administered by the arbitration provider on an individual basis pursuant to the arbitration provider’s rules and this Section 22, unless the parties mutually agree otherwise in writing. | 265 | Square shall pay the Administrative Arbitrator’s costs. |
| 266 | All parties agree to cooperate in good faith with the arbitration provider to implement the Bellwether Arbitration procedures, including deferring any costs associated with the non-Bellwether Arbitration Mass Proceedings until the Bellwether Arbitrations and subsequent Bellwether Mediation have concluded, and cooperate on any steps to minimize the time and costs of arbitration, which may include the appointment of a discovery special master to assist the Arbitrator in the resolution of discovery disputes and the adoption of an expedited calendar of the arbitration proceedings. | 266 | All parties agree that the Mass Procedures are designed to be a generally faster, more efficient, and more affordable mechanism for resolving a Mass Proceeding, including the claims of individual parties who are not selected for a Bellwether Arbitration. |
| 267 | These Bellwether Arbitration procedures shall in no way be interpreted as authorizing a class, collective, or mass action of any kind, or an arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this Section 22. | 267 | All parties agree to cooperate in good faith with the arbitration provider to implement the Mass Procedures, including deferring any costs associated with the non-Bellwether Arbitration Mass Proceedings until the Bellwether Arbitrations and Bellwether Mediation have concluded, paying single administrative fees for any subsequent batches of demands that proceed pursuant to Batch Arbitration, and cooperating to take any steps to minimize the time and costs of arbitration, which may include the appointment of a discovery special master to assist the Arbitrator in the resolution of discovery disputes and the adoption of an expedited calendar of the arbitration proceedings. |
| 268 | These Mass Procedures shall in no way be interpreted as authorizing or creating a class, collective, or representative action of any kind, or an arbitration involving joint or consolidated claims, except as expressly set forth in this Section 22, and nothing about the Mass Procedures will preclude any party from participating in any arbitration administered according to that process. | ||
| 269 | In accordance with the NAM Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. | 270 | Your and Square’s responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”). |
| 270 | You agree that you do not intend to use the Services for personal, family or household use. | 271 | You agree that you do not intend to use the Service for personal, family or household use. |
| 275 | You may reject this arbitration agreement, in which case only a court may be used to resolve any Dispute. | 276 | You have the right to opt out of this arbitration agreement by sending a written notice of your decision to opt out (the “Opt Out”) within thirty (30) days after you first create a Square Account, or for existing customers who agree to this as a terms update, within thirty (30) days after first becoming subject to this arbitration agreement. |
| 276 | To reject this agreement, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you first create your Account, or for existing customers who agree to this as a terms update, within thirty (30) days of agreeing to such updated terms. | — | Removed |
| 278 | For your convenience, we are providing an opt out notice form you must fill in to Opt Out. | 278 | For your convenience, we are providing an opt out notice form you must complete to Opt Out. |
| 279 | You must complete this form by providing your name, address, phone number and the email address(es) you used to sign up and use the Services. | 279 | To complete this form, you must provide your name, address, phone number and the email address(es) you used to sign up for and use the Services. |
| 280 | This is the only way of opting out of this arbitration agreement. | 280 | This is the only way to opt out of this arbitration agreement. |
| 281 | Opting out will not affect any other aspect of the Terms, Additional Terms, or the Services, and will have no effect on any future agreements you may reach to arbitrate with us. | 281 | Any Opt Out will be effective only if you send it yourself, on an individual basis, and opt outs from any third-party purporting to act on your behalf will have no effect on your or Company’s rights. |
| 282 | An Opt Out that purports to opt out multiple parties will be invalid as to all such parties. | 282 | If you opt out of this Arbitration Agreement, all other parts of these Terms, Additional Terms, and other policies applicable to the Services will continue to apply to you. |
| 283 | No individual party (or their agent, representative, or group of agents or representatives) may effectuate an Opt Out on behalf of other individual parties. | 283 | Opting out of this arbitration agreement will have no effect on any arbitration agreements that you may currently have with us, including any previous versions of this arbitration agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any future agreements you may reach to arbitrate with us. |
| 309 | No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term. general Square General Terms of Service Square Privacy Notice Square Data Processing Agreement Government Licenses Square Payment Terms Square Additional Point of Sale Terms Square Financial Services Terms of Service Neighborhoods on Cash App Seller Terms and Conditions Square Bitcoin Terms of Service Square AI Terms of Service Consumer Health Privacy California Consumer Privacy Act (CCPA) Request Metrics Square Hardware Compliance Certifications Commercial Entity Agreement HIPAA Business Associate Agreement Square Checking Terms of Service Square Payroll Terms of Service Square Savings Deposit Account Terms Square E-sign Consent Square Developer Terms of Service Square Buyer Account Terms of Use Square for Franchises Terms of Service Square Cardholder Agreement and Terms of Service ACH Service Terms Square Intellectual Property Policy Afterpay Merchant Terms of Service Bill Pay Terms Square Beta Service Terms Square Hardware Policies and Limited Warranty | 309 | No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term. general Square General Terms of Service Square Privacy Notice Square Data Processing Agreement Square Payment Terms Licenses Government Square Additional Point of Sale Terms Square Financial Services Terms of Service Neighborhoods on Cash App Seller Terms and Conditions Square Bitcoin Terms of Service Square AI Terms of Service Consumer Health Privacy California Consumer Privacy Act (CCPA) Request Metrics Square Hardware Compliance Certifications Square Beta Service Terms HIPAA Business Associate Agreement Bill Pay Terms Square Intellectual Property Policy Afterpay Merchant Terms of Service Square Savings Deposit Account Terms Square E-sign Consent Square Checking Terms of Service Square Buyer Account Terms of Use Square for Franchises Terms of Service Commercial Entity Agreement ACH Service Terms Square Developer Terms of Service Square Payroll Terms of Service Square Hardware Policies and Limited Warranty Square Cardholder Agreement and Terms of Service |
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