The agreement caps the amount Cash App can be required to pay you in damages at the greater of the fees you paid in the prior 12 months or $500, regardless of the nature or amount of your actual loss.
This analysis describes what Cash App's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The limitation of liability provision in Section XXIII.17 restricts the maximum financial recovery available to users against Block, Inc., which may be particularly relevant for users who experience significant financial losses related to account suspension, unauthorized transactions, or service failures.
Interpretive note: The practical scope of the liability cap depends on whether Regulation E protections apply to the specific transaction type at issue; applicable law may limit or supersede the contractual cap for covered transactions.
The updated terms increase the Foreign Transaction Fee from 3% to 3.25% and narrow the circumstances under which this fee is waived. Previously, users who spent $500+ monthly or received $300+ in dep…
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Under this provision, users' ability to recover losses from Cash App is contractually capped, meaning that even in cases involving significant financial harm, the agreement asserts a ceiling on Block's financial obligation to the user. Applicable law, including Regulation E protections, may separately govern liability for unauthorized electronic fund transfers and may not be waivable by contract.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
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"Please note that you should review all Cash App Terms carefully, including those provisions which limit our liability (see Section XXIII.17) and those regarding individual arbitration for potential legal disputes (see Sections XXIII.19 and XXIII.20).— Excerpt from Cash App's Cash App Terms of Service
REGULATORY LANDSCAPE: Liability limitation clauses in consumer financial services contracts interact with Regulation E (EFTA), which establishes non-waivable consumer protections for unauthorized electronic fund transfers. The CFPB enforces these protections and may evaluate contractual liability caps that purport to override Regulation E rights. FTC unfair or deceptive acts or practices authority may also apply if the limitation is found to be misleading in context. GOVERNANCE EXPOSURE: Medium. The liability cap is a common feature of consumer financial service agreements, but its interaction with non-waivable Regulation E rights creates compliance complexity. Legal teams should confirm that the limitation is not applied in ways that contradict EFTA error resolution obligations. JURISDICTION FLAGS: California and other states with consumer protection statutes may limit the enforceability of contractual liability caps in consumer contracts. Regulation E protections apply federally and cannot be waived by contract for covered transactions. CONTRACT AND VENDOR IMPLICATIONS: For business account holders, the $500 cap may be inadequate to cover potential losses from service disruptions or errors, and enterprise customers should assess whether supplemental contractual protections are available. COMPLIANCE CONSIDERATIONS: Compliance teams should verify that the limitation of liability provision is not applied to Regulation E-covered transactions in a manner that conflicts with mandatory error resolution obligations, and should review whether state-specific limitations on liability caps require additional disclosures.
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The limitation of liability provision in Section XXIII.17 restricts the maximum financial recovery available to users against Block, Inc., which may be particularly relevant for users who experience significant financial losses related to account suspension, unauthorized transactions, or service failures.
Under this provision, users' ability to recover losses from Cash App is contractually capped, meaning that even in cases involving significant financial harm, the agreement asserts a ceiling on Block's financial obligation to the user. Applicable law, including Regulation E protections, may separately govern liability for unauthorized electronic fund transfers and may not be waivable by contract.
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