Terms Amendment by Continued Use

What it is

The terms authorize Stash to amend the Terms of Use at any time, with notification delivered via website posting, email, push message, text, or mail. Continued use of the platform after receiving such notification, without submitting a written objection, constitutes binding acceptance of all amended terms.

Why it matters (compliance & governance perspective)

This provision establishes that any amendment to the Terms of Use becomes binding upon the user through continued platform use, provided notification was delivered through any of the listed channels. The mechanism does not require affirmative re-consent, placing the obligation on the user to monitor for changes and submit a written objection to avoid being bound.

Consumer impact (what this means for users)

Under this clause, users who continue using the platform after receiving any form of notification of updated terms, including a push notification or website posting, are bound by the amended terms without taking any additional action. The agreement requires users to actively monitor the platform and website for new versions and to object in writing to avoid acceptance.

What you can do

Institutional analysis (Compliance & governance intelligence)

1. REGULATORY LANDSCAPE: This provision engages FTC Act standards regarding unfair or deceptive practices as applied to unilateral contract modification in consumer agreements. The CFPB has issued guidance on clear and conspicuous disclosure requirements in consumer financial services contracts, and this mechanism may warrant evaluation under those standards. Federal ESIGN Act requirements regarding electronic consent may also be relevant to whether notification via push message or website posting satisfies applicable standards for binding contract modification. 2. GOVERNANCE EXPOSURE: Medium. The continued-use-as-consent mechanism is common in technology platform agreements but is subject to greater regulatory scrutiny in financial services contexts due to CFPB and FTC oversight of consumer financial contracts. The provision does not specify a minimum notice period between notification and the effective date of amended terms, which may create exposure depending on the significance of the change being made. 3. JURISDICTION FLAGS: California consumers may have heightened protections under the California Consumer Legal Remedies Act and California Business and Professions Code regarding unilateral contract modifications. New York, as the governing law jurisdiction, does not impose a statutory minimum notice period for such amendments in commercial agreements, but courts have scrutinized adequacy of notice in consumer financial contexts. The absence of a specified notice period creates uncertainty in any jurisdiction that applies a reasonableness standard. 4. CONTRACT AND VENDOR IMPLICATIONS: For institutional or B2B users of Stash's platform, this provision permits Stash to modify service terms unilaterally. Procurement and vendor management teams should note that no minimum advance notice period is stated, and the agreement does not enumerate which categories of changes may be made, creating broad reservation of amendment authority. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should evaluate whether the notification mechanisms listed (including push message and website posting) satisfy applicable disclosure standards for material contract changes in consumer financial services. A review of the actual notice period provided in practice for prior amendments, and whether a written objection process has been operationalized and communicated to users, would be relevant to assessing compliance posture.

Applicable agencies

Provision details

Other risks in this policy

• All warranties expressly disclaimed as is platform high
• Arbitration agreement incorporated by reference high
• Broad exclusion of all damages types and categories high
• Broad license granted to Stash over user submissions high
• Exclusive jurisdiction in New York courts high
• Minors under 18 prohibited from subscribing to services high