On Demand Features Terms of Service

Last updated: September 21, 2021

10. On-demand pay

These terms govern your use of Square’s services providing on-demand access to funds that are equivalent to a portion of your earnings via On Demand Pay and Instant Deposit, as they may be made available. By using these services, you agree to these terms.

Square will determine if and when On Demand Pay and/or Instant Deposit (“On Demand Feature(s)” or “On Demand Service(s)”) are made available to you in its sole discretion. If and when an On Demand Feature is made available to you, you may choose to use it at your sole discretion. As part of the on-demand feature, Square will use its funds to transfer an amount equal to a certain portion of your earned net earnings (“Transfer Amount”). Square will determine the amount of funds available for transfer to you (“the Transfer Amount”) and any limits on the Transfer Amount in its sole discretion. Depending on where your employer’s place of business is located, Square may offer you one or both of two versions of these On Demand Services, as described below, or none.

On Demand Pay

As part of On Demand Pay, Square will use its funds to transfer an amount equal to a certain portion of your net earnings to Cash App or to a debit card or bank account of your choice between pay periods.

On-demand transfer to Cash App

You may request that Square route the Transfer Amount instantly to your linked Cash App account for no service fee. You can immediately spend funds transferred to your Cash App Account through Card Card, a Visa branded debit card that is offered to Cash App customers. Your use of Cash App and Cash Card are subject to the respective Terms and Conditions that govern those products.

On-demand transfer to debit card or bank account

Alternatively, you may request that Square route the Transfer Amount to your linked debit card or bank account for a fee of 1% of the Transfer Amount (your debit card and bank account must be issued by a U.S. financial institution). This fee will be paid to Square for providing On Demand Pay, and Square may modify the fee at any time within its sole discretion. The fee amount and the Transfer Amount will be displayed to you prior to your confirmation of the transfer.

If you use On Demand Pay, the Transfer Amount and the fee will be deducted from the net pay of your next paycheck. In certain states, the fee may be debited from your linked debit card or bank account after your paycheck is depositied. If your next paycheck does not have sufficient funds to pay the fee and remit the Transfer Amount, the Transfer Amount, or a portion thereof, will be deducted from subsequent paychecks as necessary.

Instant Deposit

As part of the Instant Deposit feature, after your employer has run payroll, Square may offer you the option to transfer your net earnings to Cash App or to a debit card of your choice.

Instant Deposit transfer to Cash App

You may request that we route the Transfer Amount instantly to your linked Cash App account for free. You can immediately spend funds transferred to your Cash App Account through Card Card, a Visa branded debit card that is offered to Cash App customers. Your use of Cash App and Cash Card are subject to the respective Terms and Conditions that govern those products.

Instant Deposit transfer to debit card

Alternatively, you may request that Square route the Transfer Amount to your linked debit card for a service fee of 1% of the Transfer Amount (your debit card must be issued by a U.S. financial institution). This fee will be paid to Square for providing Instant Deposit and Square may modify the fee at any time within its sole discretion. The fee amount and the Transfer Amount will be displayed to you prior to your confirmation of the transfer.

Additional On Demand Services Terms

By using Square’s On Demand Features, you agree that no employment, independent contractor, or third party-beneficiary relationship is created between you and Square. You must affirmatively opt into each of the On Demand Features each time you would like to use them – i.e., your election will not be carried forward automatically to any future transfers. Your use of the On Demand Features is completely optional, and, if you elect not to use them, the full amount of your net earnings will be transferred to your account on your payday at no cost to you.

Square provides the On Demand Features in its capacity as your employer’s agent for the limited purpose of providing payroll services and the On Demand Features. Neither Square nor your employer is lending you money, nor are you selling or assigning Square the right to your earnings.

The On Demand Features may rely on timecard data or other information provided by you. You represent and warrant that all data and information you provide to us is accurate, complete, and timely. If you provide inaccurate, incomplete, or untimely data we may recover from any amounts received or deposited pursuant to these services.

Square may suspend or cancel either or both of the On Demand Features at any time in its sole discretion. Square may restrict, reject or suspend your use of either or both of the On Demand Features, at any time in its sole discretion.

You acknowledge that your use of the On Demand Features may be visible to your Employer.

Notice to California On Demand Pay Customers

The Department of Financial Protection and Innovation does not offer a license for earned wage access products so On Demand Pay is not currently licensed. Square maintains Department of Financial Protection and Innovation licenses for certain of our other products in keeping with the Department’s requirements. We acknowledge that the Department does not supervise, approve or endorse On Demand Pay or any other earned wage access product and will only make truthful representations concerning the Department’s status regarding these matters. If the Department does decide in the future to license Square, and/or require Square to make modifications to its EWA product agreement, such developments may have no adverse impact on your then-existing obligations under this agreement. You are invited to share any comments and concerns about Square or our products and practices with the Department of Financial Protection and Innovation at (866) 275-2677 (toll-free) or at the following URL https://dfpi.ca.gov/file-a-complaint/.