Additional Cash Terms of Service
Last updated: January 8, 2019
These Additional Cash App Terms of Service (the “Cash Terms”) govern your use of Cash App, a payment service and financial platform (the “Service”) offered by Square, Inc. (“Square,” “we,” “our,” or “us”). By using the Service you agree to be bound by these Cash Terms, the E-Sign Consent, and the General Terms of Service (“General Terms”) and all other terms and policies applicable to each Service as set forth below (e.g.the Payment Terms if you are a Cash for Business Seller (defined below)). If you are using the Service on behalf of a business or entity, you acknowledge and agree that you have authority to bind such business or entity and that such business or entity accepts these terms. If you use the Service to transact in Bitcoin, you agree to the Additional Virtual Currency Terms of Service (collectively with the E-Sign Consent, General Terms, Cash Terms and Payment Terms, the “Service Terms”).
You must be a resident of the United States, at least 18 years and the age of majority in your State of residence, and you must register for an account (your “Account) to use the Service. Certain features of the Service will only be available for use in the United States.
II. Cash App Account and Communication
1. Cash App Account
You represent and warrant that you own the email or mobile phone number you register with and all information entered or collected in the course of creating your Account and any information you subsequently add or update from your settings (“Account Information”) is true and accurate. All Account Information is subject to Square’s Copyright and Trademark Policy.
To register, open and use an Account, Square may require that you submit certain Account Information, including but not limited to your name, email address, text-enabled mobile phone number, street address, zip code, date of birth, social security number, and a government issued form of identification to Square.
The first time you access your Account using a new device we may require you to authenticate your Account with additional information. If your Account cannot be verified you may be required to set up a new Account.
You hereby authorize Square, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and Account Information and, for Cash for Business Accounts, your company or employer. This may include asking you for further information and/or documentation about your Account usage or identity, requiring you to take steps to confirm ownership of your email address, mobile phone number or financial instruments, or verifying your information against third party databases or through other sources.
In connection with your use of the Service, you may not refuse to (a) cooperate in an investigation concerning activity that potentially violates the law and/or the Service Terms, (b) provide confirmation of your identity, or (c) provide confirmation of any information you provide us.
2. Receipts and Account Statements
You have the right to receive a receipt for some of your Cash App transactions. Such transaction receipts can be found in the activity section of your Cash App and by logging into your Account at Cash.app.
You have the right to receive an Account statement. You may view your Account statement by logging into your Account at Cash.app.
3. Funding Sources Used for Payments Made Through the Service
When you initiate a payment through the Cash App, if you have sufficient funds in your Cash App Balance (defined below) to satisfy the full payment amount you can choose whether you want the payment fulfilled by your Cash App Balance or a linked external account. If you do not have sufficient funds in your Cash App Balance to cover the full transaction you may choose the funding source from your linked external accounts.
You may link an external, U.S.-issued bank account (an “Eligible Bank Account”) to your Cash App to fund payments made through the Service. Square reserves the right to limit which banks or what types of accounts constitute an Eligible Bank Account. If you choose to link your Eligible Bank Account to your Cash App by providing the username and password you use to access your bank information online (“Credentials”), you acknowledge you are providing your Credentials to Plaid Inc. and agree to the terms of service found at https://plaid.com/legal/.
You may select a unique alpha-numeric name to identify yourself on the Service (a “Cashtag”). Your Cashtag must accurately and truthfully represent your business or personal identity. You may not select a Cashtag that misleads or deceives others as to your identity or creates an undue risk of chargebacks or mistaken payments. We may require you to change your Cashtag or details of your Account Information in our sole discretion, and we may reclaim or make unavailable Cashtags without liability to you.
5. Sharing of Your Information
6. Text Messages
By providing us with a mobile number, you consent to receiving text (SMS) messages from us. If you provide us with the mobile number of any other person or entity when initiating or requesting a payment through the Service, you represent and warrant to us that the person or entity has consented to receive text messages from us related to that payment. Standard text messaging rates may apply based on your plan with your mobile carrier.
III. Cash App Balance
a. Functionality. Your balance consists of the funds you have in your Account that are available for new transactions and are not subject to pending transactions (your “Cash App Balance”). You are solely responsible for all funds necessary to complete any payments initiated through the Service. You agree to reimburse Square for any fees, costs, or expenses it incurs as a result of insufficient or unavailable funds in connection with any payment you initiate through the Service.
b. Authorization. By instructing us through the Cash App to add funds from an Eligible Bank Account or Demand Deposit Account (both defined below) or debit card to your Cash App Balance or make any other transfer you authorize us to debit such Eligible Bank Account or debit card for the amount instructed, either in a single or recurring transaction, as applicable.
c. Limitations. Square may impose limits on the amount you can keep in your Cash App Balance and reserves the right to change these limits at any time.
2. Funding Your Cash App Balance
a. Eligible Bank Account. You may use funds from your Eligible Bank Account to fund your Cash App Balance.
b. Direct Deposit. You may direct payments made to you from your employer or otherwise into your Cash App Balance using the bank routing and account number provided to you under the Cash Card’s demand deposit account program provided by Lincoln Savings Bank (the “Demand Deposit Account”). Such direct deposits are governed by the Cash Lincoln Savings Bank LDDA Terms or the Cash Lincoln Savings Bank Terms, as applicable.
c. Debit Card. You may link a debit card to fund your Cash App Balance. To do so, you must have a valid debit card issued by a U.S. bank or financial institution bearing the Visa Inc. (“Visa”), MasterCard International Inc. (“MasterCard”), or DFS Services, LLC (“Discover”) logo. Any such debit card, collectively with an Eligible Bank Account and your Cash App Balance, is referred to herein as an “Eligible Transaction Account”.
d. P2P Payments Received Through Cash App. You can keep funds received from P2P Payments (defined below) made to you through the Cash App in your Cash App Balance.
e. Caviar Courier Earnings. If you are a Caviar courier, you may elect, through the Caviar app, to receive your earnings from services performed with Caviar directly into your Cash App Balance. Information on how to make this election is available in the Caviar app. Once funds are available in your Cash App Balance, you can use those funds as permitted under these Cash Terms. The Courier Independent Contractor Agreement, and other agreements you have entered into directly with Caviar will continue to apply to your work with Caviar. In the event of any conflict between these Cash Terms and the Courier Independent Contractor Agreement the Courier Independent Contractor Agreement shall prevail.
3. Transferring Funds to Your Bank Account
a. Transfers to Your Bank Account. You may electronically transfer funds from your Cash App Balance to an Eligible Bank Account. By selecting an Eligible Bank Account as your deposit source you are requesting that we settle an electronic transfer to your bank account. Square will settle these electronic transfers (via the Automated Clearing House (“ACH”) of NACHA - The Electronic Payment Association (“NACHA”)) to your Eligible Bank Account in the amount you instruct, and you will not be able to cancel the ACH transfer. Such transfer to your Eligible Bank Account via ACH will typically arrive within three (3) business days.
b. Instant Deposit. If such feature is available to you, you may transfer funds from your Cash App Balance to your Eligible Bank Account instantly via the Cash App’s instant deposit feature, which is subject to the fees detailed in the Instant Deposit experience.
c. Limitations. Square may limit how many transfers you can initiate from your Cash App to your Eligible Bank Account and the amount of funds you can transfer in a single transaction. We reserve the right to delay or further limit such transfers while we screen for risk, or we may request you provide additional information to verify your identity. You may not transfer funds from your Cash App Balance to your Eligible Bank Account to evade a payment investigation. If you attempt to transfer your Cash App Balance while we are conducting an investigation, we may hold your funds at our discretion to protect Square or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. We also may defer or redirect payout or restrict access to your funds as necessary to comply with applicable law, subpoena or court order, or if requested by any governmental entity. You will remain liable for all obligations related to your Account even after the Account is closed.
4. Treatment of Funds
If you do hold funds in your Cash App Balance, Square will hold such funds separate from its corporate funds, will not use your funds for any corporate purposes, nor will Square voluntarily make your funds available to its creditors in the event of bankruptcy. Square will combine your funds with the funds of other users and place those pooled accounts in one or more bank accounts in Square’s name.
You agree that you will not receive interest on or other monies derived from the funds that Square handles and places in pooled accounts. It is likely that Square will receive interest on funds held for its users. In consideration for your use of the Service, and with full knowledge and understanding that Square will receive this interest, you irrevocably transfer and assign to Square all right that you may have in any interest that may accrue on funds held in pooled accounts.
IV. Peer to Peer Service
1. Description Of Service
The peer-to-peer Service (“Peer-to-Peer Service”) allows you to send funds or receive funds for peer-to-peer personal, non-commercial purposes.
2. Sending Funds
Once you have opened an Account and either have funds available in an Eligible Transaction Account or linked a credit card issued by a U.S.-based bank or financial institution bearing the trademark of Visa, MasterCard, Discover, or American Express Travel Related Payment Services Company, Inc. (“American Express”) (an “Eligible Credit Account), you will be able to send funds using the Peer-to-Peer Service.
As a party initiating a transfer (“Sender”), you will send funds to your selected recipient (“Recipient”) by designating the Recipient and the transfer amount to us (a “Payment Instruction”). Your Payment Instruction authorizes us to move funds from your Eligible Transaction Account or Eligible Credit Account to your designated Recipient (a “P2P Payment”). By submitting a Payment Instruction, you are also authorizing us to move funds to your applicable Eligible Transaction or applicable Eligible Credit Account for P2P Payments that are canceled or otherwise returned.
You understand and agree that when you initiate a P2P Payment Instruction using the Service, the processing of the Payment Instruction will begin, and funds will leave your Eligible Transaction Account, as early as the moment of the initiation of such Payment Instruction. However, we will only begin to process the requested transfer of funds to the Recipient once the Recipient has provided all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Recipient has provided all required information or fourteen (14) days.
You agree that we shall incur no liability if we are unable to complete any transaction because of: (i) insufficient funds in your Eligible Transaction Account or Eligible Credit Account; (ii) malfunction of the Peer-to-Peer Service due to circumstances beyond our control or due to circumstances that you were already aware of at the time you initiated your Payment Instruction; (iii) inaccurate or insufficient Payment Instructions; or (iv) failure of the Recipient to claim the P2P Payment.
3. Requesting Funds
You may also request funds to be transferred to you through the Peer-to-Peer Service by designating the amount of funds requested and your selected Sender (a “Cash Request”). If the Sender approves your Cash Request, your Cash Request will become the Sender’s Payment Instructions and be processed as described in these Cash Terms.
4. Receiving Funds
Any P2P Payment you receive via the Peer-to-Peer Service will be stored in your Cash App Balance.
5. Peer-to-Peer Service Payment Amount Limits
Additional identification information will be required to send more than two hundred and fifty dollars ($250) in any one transaction or in multiple transactions over any seven (7) day period or to receive more than one thousand dollars ($1,000) in any thirty (30) day period. Senders may not send more than seven thousand five hundred dollars ($7,500) in any one transaction or in multiple transactions over any seven (7) day period, subject to some restrictions. We may adjust these limits at any time in our discretion. Current limits are posted on our Support Center.
6. Peer-to-Peer Service Fees
There are currently no fees for sending funds via an Eligible Transaction Account using the Peer-to-Peer Service. The fee for sending funds using an Eligible Credit Account through Peer-to-Peer Service will be displayed at the time of the transaction. We reserve the right to charge for and/or change the fees associated with use of the Peer-to-Peer Service at any time subject to these Cash Terms.
7. Payment Cancellation, Stop Payment Requests and Refused Payments
Our ability to stop a P2P Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on how the Payment Instruction was initiated, and whether the Payment Instruction has begun processing. P2P Payments not claimed by a Recipient for fifteen (15) days after the processing has begun will be canceled automatically. We will attempt to return any unclaimed, refused, refunded, prohibited, or denied P2P Payment to your Eligible Transaction Account or Eligible Credit Account, as applicable. If we are not able to do so, we may use other reasonable means to return the P2P Payment to you, as permitted by applicable law.
8. Invalid P2P Payments
If you receive a P2P Payment and we later determine in our sole discretion that the P2P Payment was invalid for any reason, you hereby authorize us to move funds from the applicable Eligible Transaction Account or Eligible Credit Account in an amount equal to the P2P Payment.
You acknowledge and agree that we will not be liable in any way for any P2P Payments that you may receive, regardless of whether you authorized the Sender to send them to you.
9. Risk of Fraudulent Transactions
The Peer-to-Peer Service is a money transmission service. As a result, fraudulent transactions may result in the loss of funds with no recourse.
V. Cash Card
1. Issuance of the Cash Card
Square may arrange for an issuing bank to provide you with access to a prepaid payment card under the Cash App Prepaid Card Program or a debit card under the demand deposit account program (each a “Cash Card”). By using the Cash Card, you agree to the Cash App Prepaid Card Program Agreement or the Cash Lincoln Savings Bank Terms, as applicable (each the “Cash Card Terms”), which may be updated from time to time. For avoidance of doubt, the applicable Cash Card Terms are between you and the issuing bank of your card program, not Square, and in the event of any inconsistency between these Cash Terms and the applicable Cash Card Terms, the applicable Cash Card Terms shall govern your use of the Cash Card and your relationship with the issuing bank.
The Cash Card may be issued in virtual and/or physical form. To activate the virtual card, and to request a physical card, you need to follow in-app prompts.
We reserve the right to reject signatures and card applications for any reason. Prohibited signatures include, but are not limited to, those signatures that depict inappropriate subject matter, the intellectual property rights of others, or an ink-intensive design.
Once you receive your physical card in the mail you must follow the directions in the mailing to activate your card prior to use. Your personal identification number (“PIN”) will be the code you set as your Cash PIN, and you may reset the PIN in the Cash App. Your physical card may be cancelled, repossessed, and/or revoked at any time without prior notice at our discretion (including for depicting a prohibited signature) subject to applicable law.
2. Using the Cash Card
Your Cash Card may be used to make purchases with a merchant using any available amounts in your Cash App Balance. Upon activating the Service, you instruct Square to use the available funds in your Cash App Balance to load your Cash Card for making purchases with your Cash Card and to transfer the funds from your Cash App Balance to your Cash Card upon receipt of funds into your Cash App Balance.
3. Payment Transaction Limits
You can only make transactions using your Cash Card to the extent that you have funds in your Cash App Balance to support those transactions. You agree not to make a purchase or other transaction in excess of the funds available in your Cash App Balance. If you do make a purchase or other transaction that exceeds the funds available in your Cash App Balance, you agree that we can recover any negative balance incurred.
4. No Right to Stop Payment
You do not have the right to stop payment on a transaction originated with your Cash Card.
5. “Disable Card” Feature
In the event of a lost, stolen, or misplaced Cash Card, or you otherwise want to prevent future transactions from your Cash Card, you may disable your Cash Card with the Cash App’s “Disable Card” feature within the Cash App. Use of this feature will not prevent processing of pending transactions initiated prior to disabling your Cash Card. In the event you have found your card, or otherwise want to enable a disabled Cash Card, you must select the “Enable Card” option within the Cash App before your “disabled” Cash Card can be used for transactions. You are responsible for preventing unauthorized disabling and enabling activity on your device relating to your Cash Card. Such activity, when not authorized, may be deemed invalid in Square’s sole discretion.
6. Card Cancellation
We will inform the issuing bank if we determine that you are no longer eligible for your Cash Card. If you are no longer eligible for your Cash Card it may be canceled at any time without notice as detailed in the applicable Cash Card Terms and your funds will be returned to you unless they are the subject of an investigation into suspected unlawful activity, or if Square is otherwise required by law to withhold your funds.
Square disclaims all express or implied warranties as to your Cash Card. Except as otherwise set forth herein or required by applicable law, Square is not responsible if your Cash Card is lost, stolen, destroyed, or used without your permission.
VI. Cash for Business
1. Transaction Processing for Cash for Business Sellers
By classifying yourself as a business at onboarding you are signing up for a “Cash for Business” account as a “Cash for Business Seller” and you are creating a Square Account (as that term is defined in the General Terms with us and you accept and agree to the Payment Terms. We may use certain information from your Account Information to create your Square Account and display such information to your customers, such as on receipts. Once you have created an Account you will be able to accept debit and credit card payments for the sale of goods and services. We will, acting on your behalf, facilitate the processing of such debit and credit card transactions. We will charge you a fee for doing so. Payments from your customers, less our fee, will be deposited to your Cash App Balance. You acknowledge and agree that you may not have all features and functionality of a standard Square Account. To protect the integrity of the system and reduce risk that a transaction may be reversed or charged back to your Square Account (a “Chargeback”), in some cases where we reasonably believe a Chargeback is likely, you also direct and authorize us, as your agent, to void the transaction, rather than hold funds as described in the Payment Terms.
2. Purchases from Cash for Business Sellers
As a Cash App customer, you may use your Eligible Transaction Account or an Eligible Credit Account to purchase goods and services from Cash for Business Sellers or to make donations to charities or political campaigns who use Cash for Business. Typically Cash for Business Sellers will be identified to you by a badge in the Cash App. By initiating a payment transaction to a Cash for Business Seller, you authorize the Cash for Business Seller to charge your applicable Eligible Transaction Account or Eligible Credit Account to complete the purchase or donation and you consent to sharing information from your Account with the Cash for Business Seller. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with any purchase you made through Cash for Business, you also authorize a credit to the applicable Eligible Transaction Account or Eligible Credit Account to accomplish that transaction.
VII. OTHER LEGAL TERMS
1. Recovery of Funds
You authorize Square to recover funds from you in accordance with these Service Terms and any other agreement you have with us, including if you owe amounts to us or for reason of fraud or illegal activity.
You authorize Square to debit, charge, setoff against and otherwise recover funds from your Account, any Eligible Transaction Account or Eligible Credit Account, any connected Square Account, any Balance (as defined in the Payment Terms) or any Reserve (as defined in the Payment Terms) if applicable, and any payment instrument, linked bank, depository and other account registered in your Account. Your authorization will remain in full force and effect until the later of closure or termination of your Account, or the disbursement of all funds held on your behalf.
Further, in the event that any attempt to recover funds from you should fail, your authorizations hereunder include your grant to Square of new, original authorizations to recover all or less than all of the amount you owe us and/or belong to us. You authorize Square to take the above steps without prior notice to you and irrespective of (i) whether we have made demand under these Cash Terms, the Payment Terms, the General Terms or any other agreement you have with us; and (ii) whether the obligation is contingent, matured or unmatured. Your authorization hereunder includes all authorizations to take the above steps in complete compliance with the Network Rules and the NACHA Rules (as defined in the Payment Terms). You agree that your grant of the authorizations hereunder has the same legal effect as if you had signed a paper containing the same terms.
If Square is unable to recover the funds by these means, Square may attempt to contact you or may take other legal actions to collect the amounts due, to the extent allowed by applicable law.
2. Compliance with Governmental Authorities
Square may freeze, withhold, or remit funds in your Account in response to a facially valid subpoena, court order, search warrant, or other binding order from a governmental authority, including but not limited to tax levies or wage garnishment orders.
3. Limitations on Use
Square may limit the funding sources available for a specific transaction at any time in its sole discretion.
You may not use unaffiliated prepaid cards or gift cards to fund transactions on the Cash App.
You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service and for all communications you send through the Service.
You further agree that in connection with your use of the Service, or in the course of your interactions with Square, a user or a third party, you will not (a) use your Account or the Service in a manner that Square, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the payment card system or a violation of payment card association rules, (b) provide yourself a cash advance from your Eligible Credit Account (or help others to do so), or (c) use the Service to make transactions for the sole purpose of earning rewards, perks, miles, points, etc. with your Eligible Credit Account.
We reserve the right to block, refuse, or reverse any transaction, in our sole discretion. We will notify the affected parties promptly if we decide to do so, but notification is not required if the transaction is prohibited by these terms or applicable law. Neither we nor third parties to whom we assign or delegate rights or responsibilities will be liable for any claims or damages resulting from prohibited transactions. All costs for research and resolution for any misapplied, misposted or misdirected prohibited transactions will be your sole responsibility and not ours.
4. Dispute Resolution
Each of your external funding sources may have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory (if, for example, you are disputing charges on your account). Your dispute resolution rights are determined by the funding source used to fund the applicable transaction. Please consult the terms and conditions of such funding source for more detail.
5. Changes to External Account Numbers
If your Eligible Credit Account or your debit card account number changes or the expiration date changes, we may acquire that information from our financial services partner and update your Account accordingly.
6. Our Relationship With You
We are an independent contractor for all purposes, except that we act as your limited agent with respect to the custody and transfer of your funds for the purposes set forth herein only.
7. Termination of Account
Square may terminate, close, or suspend your Account or use the Service at any time for any reason. Any such termination does not relieve you of any of your obligations to Square under these Cash Terms and any amounts owed to us as provided in these Cash Terms, the General Terms, or any other agreement you have with us. We will not be responsible for any loss, damage, harm or consequences, including any delay or inconvenience you may suffer as a result of our exercise of our rights under this section.
8. Services Upon Closure of Account
Any pending transactions at the time of termination, closure, or suspension of your Account will be settled. Any funds that we are holding in custody for you at the time of termination, suspension, or closure of your Account, less any applicable fees, may be made available for you to cash out in Square’s discretion and subject to the other conditions in these Cash Terms. If an investigation is pending at the time of closure, we may hold your funds until resolution of the investigation.
9. Unclaimed Property
If your Account is inactive for an extended period of time it may be deemed “unclaimed” or “abandoned” under your state’s law. If this occurs, Square will provide you with notice as required by applicable law. If funds still remain in your Account, Square will escheat such funds as required by applicable law.
10. Referral Programs
From time to time, we may offer referral programs or incentives for inviting others to use the Service (a “Referral Program”). Any bonuses or incentives under such Referral Program shall be subject to the then current Referral Program terms, if applicable, and otherwise at our sole discretion.
As a Recipient or Cash for Business Seller, you may be asked to provide certain information used to assist Square in complying with its obligations under the United States Internal Revenue Code and the applicable Treasury Regulations, and/or state and local governments. By providing Square with this information you are certifying that the information provided is true and accurately reflective of your use of the Service. When indicating that you are a Cash for Business Seller, you certify that such use of Cash App is to receive payment(s) that are “reportable payment transactions” as defined in Treas. Reg. § 1.6050W–1(a)(3) and the associated applicable state and local regulations, including, but not limited to, the payments for goods and services. When indicating that your use of the Service is “Personal” use, you certify that such use is solely for receipt of payments other than non-reportable payment transactions. For avoidance of doubt, “Personal use” allows for payment in exchange for goods and services (i.e., to pay a Cash for Business Account), but does not allow for the receipt of payment for goods and services you provide others.