Public.com can change the rules of your agreement at any time, and if you keep using the app after the changes go live, you automatically agree to the new terms whether or not you read them.
This analysis describes what Public.com'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
This means important terms governing your investments, fees, or legal rights could change with only an email notification, and your continued use is treated as consent even if you were not aware of the specific changes.
Interpretive note: The determination of what constitutes a 'material change' is reserved to Public's sole discretion, and the adequacy of electronic notice as a substitute for affirmative consent may vary by jurisdiction and regulatory context.
Investment platform terms governing fee structures, account access conditions, and legal rights can change materially with as little as 30 days notice, with no requirement for affirmative re-consent, potentially altering the conditions under which users hold assets on the platform.
How other platforms handle this
We reserve the right to update these Terms of Service at any time in our sole discretion. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the 'Last Updated' date at the beginning of these Terms of...
Target reserves the right to change these Terms at any time. We will post notification of changes to these Terms on this page. Your continued use of the Target Services after any changes to these Terms constitutes your acceptance of the new Terms.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking eff...
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"We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.— Excerpt from Public.com's Public.com Terms of Service
REGULATORY LANDSCAPE: Unilateral amendment clauses in consumer financial services agreements may require evaluation under CFPB unfair, deceptive, or abusive acts or practices authority, particularly where material changes affect financial terms or legal rights without affirmative consent. State consumer protection statutes, including California's Consumer Legal Remedies Act, may impose additional constraints on unilateral modification of consumer contracts. The Electronic Signatures in Global and National Commerce Act governs the validity of electronic notice for contract modifications. GOVERNANCE EXPOSURE: Medium. While unilateral amendment clauses are broadly standard in digital platform terms, their application to a regulated investment platform managing user financial assets creates heightened exposure when changes affect fee disclosures, account terms, or dispute resolution provisions. Regulatory guidance from FINRA and the SEC on material changes to customer agreements may impose disclosure obligations beyond what the terms state. JURISDICTION FLAGS: California residents may have additional protections under state contract law regarding notice adequacy for material changes. EU and UK users, if applicable, may benefit from statutory rights that require affirmative consent for material contract modifications under consumer contract regulations. CONTRACT AND VENDOR IMPLICATIONS: Downstream API and partner agreements that incorporate Public.com's terms by reference may be affected by unilateral modifications, creating potential cascading contract risk for B2B partners who have not independently assessed the amendment clause. COMPLIANCE CONSIDERATIONS: Compliance teams should audit the notice mechanism to confirm it satisfies E-SIGN Act requirements and applicable state electronic notice standards. The definition of 'material change' is left entirely to Public's discretion, which warrants internal policy documentation to ensure consistent application and regulatory defensibility. A review of customer communication records for past term amendments may be warranted to assess whether notice practices have been adequate.
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This means important terms governing your investments, fees, or legal rights could change with only an email notification, and your continued use is treated as consent even if you were not aware of the specific changes.
Investment platform terms governing fee structures, account access conditions, and legal rights can change materially with as little as 30 days notice, with no requirement for affirmative re-consent, potentially altering the conditions under which users hold assets on the platform.
ConductAtlas has identified this type of provision across 4 platforms. See the full comparison.
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