Square Checking Terms of Service

25. WITHDRAWAL OF CONSENT FOR ELECTRONIC COMMUNICATIONS

Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by writing to Block, Inc., 1955 Broadway, Suite 600, Oakland, CA 94612, USA, Attn: Customer Support - Legal. If you withdraw your consent to receive Communications electronically, we will close your Card Account and you will no longer be able to use your Card. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

26. HARDWARE AND SOFTWARE REQUIREMENTS

In order to access and retain Communications and ensure that your Card Account operates properly, you must have: (1) an up to date and valid email address or phone number that you have access to; (2) a computer or other mobile device (such as tablet or smartphone) that operates on a platform like Windows or a Mac environment capable of supporting all of the following; (3) a connection to the Internet; (4) a Current Version of Safari, or Mozilla Firefox, Chrome, iOS, or Android ; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader latest version; (6) for mobile devices, a recent device operating system that supports text messaging, downloading, and applications from the Apple App Store and Google Play Store; and (7) a printer to print out and save Communications in paper form or electronic storage space to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.

27. CHANGES TO COMMUNICATIONS

We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating the Square E-Sign Consent page on the Website or delivering notice of such termination or change electronically.

28. ALERTS

When using the App to communicate with us, you must provide a valid mobile device number or text message address in the App and verify such number or text message address as instructed by us. To verify your mobile device number or text message address, we may send you a code via text message to the mobile device number or text message address you provide, and you must enter that code as instructed by us. If you change your mobile device number or text message address, you must promptly provide and verify your new mobile device number or text message address.

If you provide your mobile phone number, other text message address or download the App to a mobile device, we will send you important transactional notices to the mobile number, text message address or to the notification center in the App. Third-party data and message fees may apply.

29. TELEPHONE MONITORING/RECORDING

You agree that from time to time, without further notice to you, we may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our customer service or as required by applicable law.

30. OUR LIABILITY TO YOU

If we do not complete a transfer of funds to or from the Card Account on time or in the correct amount in accordance with this Agreement, we may be liable to you for the losses or damages. However, there are some exceptions. We will not be liable if: (a) through no fault of ours, you do not have enough available funds in the Card Account to perform the attempted Card transaction; (b) circumstances beyond our reasonable control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, or natural disaster) prevent or delay the transfer despite reasonable precautions taken by us; (c) the system, or point-of-sale terminal was not working properly and you knew of the problem when the attempted Card transaction was initiated; (d) funds in the Card Account are subject to legal process or are otherwise not available for transactions; (e) a merchant refuses to accept a Card; or (f) if we have reason to believe the subject transaction is unauthorized.

31. CONFIDENTIALITY AND PRIVACY

The privacy and security of non-public personal information is very important to us. We safeguard the information we collect regarding our business customers in a manner consistent with how we safeguard customer information for consumers. You agree that we may disclose information to third parties about you: (a) as necessary to effect, administer, or enforce a transaction requested or authorized by you; (b) with your consent; (c) to protect against or prevent actual or potential fraud, unauthorized transactions, or other liability; (d) to comply with government agency or court orders; or (e) as permitted and/or required by applicable law.

32. ACTIVATING YOUR CARD

You must activate any Card before it can be used. In the case of a physical Card, you must both activate the Card and set a PIN before it can be used (See Section 30 – Card and PIN Security). You may activate a virtual Card and a physical Card on the Website or by calling Customer Service at 1 866-200-8599.

33. CARD AND PIN SECURITY

When selecting a PIN for a physical Card, you should not use numbers or words that appear as your date of birth, address, or social security number. You should memorize your PIN and not share it with anyone. You should never write your PIN on your Card or keep it in the same location as your Card. You should treat the Card with the same care as cash. Always protect the Card and keep it in a safe place. Do not send a Card number in an email or text message. Make sure Card and access information is secured with encryption when used to perform transactions over the Internet or wireless networks.

34. LOST OR STOLEN CARD OR COMPROMISED PIN

COMMERCIAL ACCOUNTS ARE NOT SUBJECT TO THE SAME LEGAL REQUIREMENTS FOR LOST/STOLEN CARDS THAT APPLY TO CONSUMER ACCOUNTS. Your Card Account is a commercial account that does not provide protections for lost or stolen Cards except as expressly stated in this Agreement. Please read the following carefully:

Cards should be treated like wallet cash. Until you report a Card as lost or stolen, you are fully responsible for all transactions, even if those transactions are unauthorized. Customer Service must be contacted IMMEDIATELY if you believe: (a) a Card has been lost or stolen, or (b) someone has gained unauthorized access to your PIN or any Access Information. Reporting a lost/stolen Card to Customer Service at 1 866-200-8599 by logging into the Website to deactivate the Card Account is the best way to minimize possible losses. Failure to promptly notify us could result in your losing ALL of the money in the Card Account.

35. REPLACEMENT CARDS

The expiration date of a virtual Card is identified on the front of the Card. The expiration date of a physical Card is identified on the front of the Card. If there is a positive balance of funds in the Card-Card Account upon expiration of the subject Card and this Agreement is not in default, we may issue a new Card. We may also issue a new Card when the Card expires even if there are no funds in the Card Account. If a Card must be replaced for any reason, you should contact Customer Service at 1-866-200-8599.

36. UNAUTHORIZED TRANSACTIONS

COMMERCIAL ACCOUNTS ARE NOT SUBJECT TO THE SAME LEGAL REQUIREMENTS FOR THE RESOLUTION OF ERRORS THAT APPLY TO CONSUMER ACCOUNTS.

Your Card Account is a commercial account and does not provide protections for lost or stolen Card Accounts except as expressly stated in this Agreement. Please read the following carefully:

You should contact Customer Service at 1-866-200-8599 as soon as you believe any error, including as the result of an unauthorized transaction, has occurred and no later than sixty (60) days after the subject error was available for viewing on the Square Dashboard. When you contact us, you will need to let us know: (a) your name and Card number; (b) why you believe there is an error and the dollar amount involved; and (c) when you believe the error took place. We will then attempt to resolve the error in a commercially reasonable manner. If you need further information regarding our error resolution process, please contact Customer Service.

If you believe that a Card transaction was unauthorized, you may submit a claim using the Square Debit Card Dispute Form. If you need further information relating to the Square Debit Card Dispute process, please review our Dispute Support Page.

37. DEATH OR INCAPACITY

If we have a reasonable belief that Card Account Owner has died or has become legally incompetent, we may place a hold on the Card Account and refuse to accept deposits or transfers or permit Card transactions or bank transfers until we know and have verified the identity of any successor. We will require proof of death or adjudication of incompetence (e.g., certified copy of court order, death certificate, or official record). Until we receive notice and any required proof of death or incompetence, we may act as if Card Account Owner is alive and competent. In the event we receive written notice from a personal representative, executor, administrator, conservator, or guardian purporting to represent you or your estate, we shall be entitled to rely on all information supplied and representations made in such written notice to the full extent permitted by applicable law.

38. UNCLAIMED PROPERTY

If your Card Account becomes inactive (e.g., if you do not use the funds in your account or access your account for a certain period of time), applicable law may require us to report the funds in your Card Account as unclaimed property. If this occurs, we may try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your Card Account to the applicable state as unclaimed property. The specified period of time to report and send funds in an inactive account to a state varies by state, but usually ranges between two and five years.

39. ASSIGNMENT

To the extent permitted by applicable law, we may assign this Agreement without your consent. You may not may assign or transfer this Agreement without our prior written consent.

40. AMENDMENT

Subject to applicable law, we may add to, delete, or amend this Agreement at any time in our sole discretion without providing notice to you. We reserve the right, subject to applicable law, to deliver any notice of changes to existing terms or the addition of new terms to you by posting an updated version of this Agreement on the Website or delivering notice of changes electronically. By continuing to use your Card, you agree to be bound by the updated terms.

41. ENTIRE TERMS

This Agreement constitutes the entire and sole agreement between you and us with respect to the subject matter herein and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Card or Card Account.

42. SEVERABILITY AND WAIVER

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected. We do not waive our rights by delaying or failing to exercise them at any time.

43. CANCELLATION AND SUSPENSION

To the extent permitted by applicable law, we may cancel or suspend your use of the Card, the Card Account, or this Agreement immediately, for any reason, and without giving you prior notice. You may cancel the Card Account or this Agreement at any time by notifying Customer Service at 1-866-200-8599. Cancellation or suspension of this Agreement will not affect any of our rights or your obligations arising under this Agreement before such cancellation or suspension occurred. In the event the Card Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you via a check to the mailing address we have in our records.

44. GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of the State of Ohio, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the laws of another jurisdiction.

45. CUTOFF HOURS

Instructions received by us on a weekend, holiday or after our cutoff hour on a business day may be treated and acted upon by us as if received on the next business day.

46. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us and our parents, subsidiaries, and other affiliated companies, and our and its employees, contractors, officers, and directors upon request against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) that arise from your violation of this Agreement, applicable law, or any third-party rights, or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

47. NO WARRANTY OF AVAILABILITY OR UNINTERRUPTED USE

From time to time, services related to the Square Checking Program may be unavailable. When this happens, your may be unable to access the Website and you may be unable to use Cards assigned to them or obtain Card information. You should notify us immediately if any such interruptions occur. you agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.

48. LIMITATION OF LIABILITY

We shall have no liability to you if we are unable to complete a Card transaction for any reason beyond our control. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer the Cards, Card Account and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to this Agreement (as well as any related or prior agreement that you may have had with us).

49. NOTIFICATION OF CHANGES

You must notify Customer Service at 1-866-200-8599 if your postal address, email address, telephone number, or other contact information changes. Failure to do so may result in information regarding the Card or Card Account being delivered to the wrong person or Card transactions being declined. In such event, we will not be responsible for any resulting misuse of funds available in the Card Account.

50. DISPUTE RESOLUTION BY BINDING ARBITRATION

You or we may elect to resolve any claim by an individual arbitrator. Claims are decided by a neutral arbitrator. If arbitration is chosen by any party, you and we hereby waive the right to litigate the claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.

Any claim, dispute, or controversy (“Claim”) between you and us arising out of or relating in any way to this Agreement, your Card, your purchase of the Card, your usage of the Card, or transactions on the Card, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.

We will pay all fees associated with administration of arbitration, including fees to commence the arbitration. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

This Arbitration Clause shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity. If any portion of this Arbitration Clause is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

Solely for purposes of this Arbitration Clause, "We" or "Us" shall mean Bank and its respective successors, affiliates or assignees as well as any third party, other than Square, using or providing any product, service or benefit in connection with the Card. Your agreement to arbitrate disputes with Square is governed by the Square General Terms of Service located at https://squareup.com/us/en/legal/general/ua.

You may reject this Arbitration provision by sending a written rejection notice to Square at:

Address: Block, Inc., 1955 Broadway, Suite 600, Oakland, CA 94612

Website: Square Support

Toll-Free Customer Service Number: +1 866-200-8599

Your rejection notice must be mailed within 45 days after your first card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice. If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the cardmember agreements for any other currently open accounts you have will not apply to you, except for any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this section or the Agreement.