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General

Square Workforce Terms of Service

Last updated: October 27, 2026

The Square Workforce Terms of Service (“Workforce Terms”) is a legal agreement between you (“you,” “your”) and Block, Inc. (“we,” “our,” “us,” “Square,” or “Company”) governing your Staff Account and any access to Square’s products or features your employer (“Employer”) has granted you, including to Square’s mobile and web applications, AI Products as defined in the Square AI Terms of Service, developer tools, websites, software, and other products and services (collectively the “Services”). These Workforce Terms apply to you as a current or former employee, independent contractor, agent, or authorized user of one or more Square sellers (your “Employer”), or an individual that helps Square sellers operate, manage, or support activities for which such sellers use the Services, where such Employer is subscribed to Square Staff or otherwise grants you access to the Services.

By using the Services, you agree to be bound by these Workforce Terms, the E-Sign Consent Terms, Square AI Terms of Service and the Privacy Notice for Square Sellers’ Employees. To use the Services, you must accept all of the terms of these Workforce Terms.

PLEASE NOTE THAT YOU SHOULD REVIEW ALL COMPANY TERMS CAREFULLY, INCLUDING THOSE PROVISIONS WHICH LIMIT OUR LIABILITY (SEE SECTION 29) AND THOSE THAT INCLUDE A CLASS ACTION AND JURY TRIAL WAIVER AND REQUIRE, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION (SEE SECTIONS 30 AND 31).

Your Staff Account

1. Description of Service

On behalf of your Employer and at no cost to you, Square provides the Services with features such as team communications and mobile access to your timecards, schedule, employee data, and estimated weekly wages based on data provided to Square by your Employer. If your Employer uses Square Payroll, additional features are available for you, as described in the “Your Payroll Account” section of these Workforce Terms.

Access to the Services is provided to you on behalf of your Employer. Your access to the Services may be limited at your Employer’s discretion.

2. Your Account

To use the Services, you must create an account with Square (your “Account”) by clicking on the link sent to you by your Employer (or by Square on your Employer’s behalf) and registering your phone number, email address, and a password.

3. Our Relationship to You

You acknowledge that your use of these Services does not create any employment, independent contractor, or third-party beneficiary relationship between you and Square. By using the Services, you acknowledge that your Employer is solely responsible for the accurate calculation and disbursement of your wages. As it concerns the Services, Square shall not be responsible for verifying, and disclaims any and all liability as to, the accuracy, timeliness, and completeness of any personal, wage, timecards or any other information you or your Employer provides or directly inputs via the Services.

4. Communications

You consent to accept and receive communications from us, including email, text messages, calls, and push notifications to the email address and/or the cellular telephone number you or your Employer provide to us when you sign up for the Services. Such communications may include, but are not limited to requests for secondary authentication, reminders, notifications regarding updates to your account or account support, and marketing or commercial communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.

You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may opt-out of text messages from Square by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Services.

5. Information about Estimated Pay

Any estimated pay calculations provided through Square Team App are provided merely as a convenience for you and should not be relied upon in making financial commitments. This amount may not reflect your actual pay, and is not a promise or guarantee as to any pay that you may be owed. The estimated pay is an estimate of your regular gross earnings based upon information entered by you and your Employer and does not reflect withholdings, deductions, or Taxes, and may not include overtime, tips, commissions, bonuses, incentive pay, or other pay. Square disclaims any and all liability as to the accuracy, completeness, or method of calculation of any estimated pay data provided to you through the Services.

6. Information about Tip Distribution

Any estimated tip distribution calculations provided through Square Team App are provided merely as a convenience for you and are exclusive of Taxes and social security charges.

7. Termination of Employment with your Employer

If you are terminated by or discontinue your employment with your Employer, you may still access the Square Team App and certain historical data within it for a limited purpose, including but not limited to, historical timecard data, personal information provided by you or that your Employer has provided to Square on your behalf, and (if your Employer uses Square Payroll to pay your wages) historical timecards, paystubs, and tax forms. Square is under no obligation to make this data available to you for any specific period of time, and may remove your data from Square Team App for any reason within its sole discretion.

Permissioned Access

8. Description of Service

Your Employer may grant you access to their Square Account by creating credentials for you, such as an employee passcode or PIN, or by enabling you to create unique login credentials to access and interact with certain Services associated with your Employer’s Square Account and/or payment point of sale (“Employer-Issued Credentials”). If you access the Services using Employer-Issued Credentials, you do so on behalf of your Employer with your Employer’s permission to view, interact with, and/or operate a defined scope of products and features within your Employer’s Square Account (“Permissioned Access”). Your Permissioned Access to the Services may be limited at your Employer’s discretion.

9. Your Access

To use the Services, you must log into Square using your Employer-Issued Credentials, entering the passcode or PIN you received on your Employers’ point of sale and/or by clicking on the link sent to you by your Employer (or by Square on your Employer’s behalf) and logging in using your Employer-Issued Credentials.

10. Our Relationship to You

You acknowledge that your use of these Services does not create any employment, independent contractor, or third-party beneficiary relationship between you and Square. Your Permissioned Access to the Services is provided by Square to your Employer as a feature of the Services associated with their Square Account.

11. Account Security

You are solely responsible for safeguarding your Employer-Issued Credentials and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your Employer-Issued Credentials or any other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with Square and provide all information requested by Square to remediate the breach.

12. Termination of Employment with your Employer

If you are terminated by or discontinue your employment with your Employer, your Permissioned Access to the Services will be discontinued at your Employer’s discretion, and you will no longer have access to account data or content, including any AI Content, as defined in the Square AI Terms of Service.

Your Payroll Account

13. Description of Service

If your Employer uses Square Payroll (“Payor”), the Services also allow you to access and update certain work-related information and documents made available to you by your Payor. This includes certain work-related information and certain elections used by your Payor to process payroll. Square offers these Services on behalf of your Payor to pay you, provide employee benefits, and track your hours.

14. Your Information

Your information, such as Form W-4 or Form W-9 information, must be entered accurately so that your Payor can withhold the correct tax amounts from your pay. You are responsible for updating your information when your personal or financial situation changes. We will not be responsible for inaccurate tax withholdings due to incorrect or outdated information. You acknowledge and agree that it is your responsibility to submit accurate and complete information to your Payor through the Services. You further acknowledge and understand that we are not providing any legal, employment, or tax advice by providing the Services.

15. Payroll Transfers

You authorize us to make electronic payments to your linked U.S. bank or other depository account or linked Cash App account and to make electronic debits of your linked U.S. bank or other depository account and your linked Cash App account to correct erroneous credits. This authorization will remain in effect until you notify us that you wish to cancel this authorization by contacting Square Support. You understand that it may take up to three (3) pay periods to cancel this authorization. You also agree to be bound by any applicable rules of the National Automated Clearing House Association.

16. On Demand Feature

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

Square will determine if and when Instant Deposit ("On Demand Feature" or "On Demand Service") is made available to you in its sole discretion. If and when the 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 and any limits on the Transfer Amount in its sole discretion. Depending on where your Employer's place of business is located, Square may or may not offer you the On Demand Service, as described below.

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 Cash 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, the amount and/or rate of which will be presented to you at the point and time in which you initiate the transaction. 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 Service Terms

By using Square's On Demand Feature, you agree that no employment, independent contractor, or third party-beneficiary relationship is created between you and Square.

You must affirmatively opt into the On Demand Feature each time you would like to use it – i.e., your election will not be carried forward automatically to any future transfers. Your use of the On Demand Feature is completely optional, and, if you elect not to use it, 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 Feature in its capacity as your Employer’s agent for the limited purpose of providing payroll services and the On Demand Feature. Neither Square nor your employer is lending you money, nor are you selling or assigning Square the right to your earnings.

The On Demand Feature 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 this service.

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

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

17. Privacy

Upon acceptance of these Workforce Terms, you confirm that you have read, understood and accepted Square’s Privacy Notice for Sellers’ Employees.

18. AI Products

Upon acceptance of these Workforce Terms, you confirm that you have read, understood, and accepted Square’s AI Terms of Service.

19. Revisions, Disclosures, and Notices

Upon acceptance of these Workforce Terms, you confirm that you have read, understood, and accepted Square’s E-Sign Consent policy. You agree that Square can provide disclosures and notices required by law and other information about the Services to you electronically by posting it on our website, or by emailing it to the email address listed in your Account, associated with your Permissioned Access, or that you otherwise provided to Square. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within 24 hours of the time posted to our website, or within 24 hours of the time emailed to you unless we receive notice that the email was not delivered.

If you wish to withdraw your consent to receiving electronic communications, you should contact Square Support. If we are not able to support your request, you may need to terminate your Account or revoke your Permissioned Access.

We may amend these Workforce Terms at any time with notice that we deem to be reasonable under the circumstances by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version.

20. Your License

Square grants you a personal, royalty-free, limited, non-exclusive, revocable, non-sublicensable, non-transferable license to electronically access and use the Services solely as contemplated in accordance with these Workforce Terms. The Services include our website, any mobile or web applications, developer tools, AI Products, software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto, and hardware products provided to you by Square. If you are a Staff App user, you will be entitled to download updates to the Services, subject to any additional terms made known to you at that time, when Square makes these updates available.

You may not, nor may you permit any third party to do any of the following: (i) generate or disseminate Content that we determine, in our discretion: is misleading, illegal, fraudulent, deceptive, abusive, hateful, bullying, harassing, abusive, violent, inflammatory, inappropriate, offensive, discriminatory, or could lead to harm; may violate or infringe upon the rights of others, including privacy or data protection rights, third party intellectual property rights, and other proprietary rights; contains adult content, pornographic material, depictions of graphic violence or gore, or content that otherwise promotes, glorifies, or threatens violence; content related to child exploitation or sexual abuse; (ii) access or monitor any material or information on any Square system using any manual process or robot, spider, scraper, or other automated means unless you have separately executed a written agreement with Square; (iii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from Square; (iv) permit any third party to use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement; (v) transfer any rights granted to you under these Workforce Terms; (vi) violate the restrictions in any robot exclusion headers on the Services or any Square service or product, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services, except to the extent that such restriction is expressly prohibited by law; (vii) perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure; or (viii) otherwise use the Services except as expressly allowed under these Workforce Terms.

21. Ownership

The Services are licensed and not sold. Square reserves all rights not expressly granted to you in these Workforce Terms. The Services are protected by patent, copyright, trademark, trade secret and other intellectual property laws. Square owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These Workforce Terms do not grant you any rights to Square’s trademarks or service marks or to any of your Employer’s Content.

For the purposes of these Workforce Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our other products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place Square under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Square does not waive any rights to use similar or related ideas previously known to Square, or developed by its employees, or obtained from sources other than you.

22. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

23. Termination

If your Account or Permissioned Access is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Workforce Terms, (b) to immediately stop using the Services, (c) that the license provided under these Workforce Terms shall end, (d) that we reserve the right (but have no obligation) to delete all of your information, account data stored on our servers, and any content associated with your use of the Services, and (e) that Square shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion of your information or account data.

24. Suspension or Termination by Us

We may terminate these Workforce Terms, or we or your Employer may suspend or close your Account or terminate your Permissioned Access for any reason or no reason at any time upon notice to you. We may also suspend the Services and access to your Account or Permissioned Access if you (a) have violated these Workforce Terms, any other agreement you have with Square, or Square’s policies, (b) pose an unacceptable credit or fraud risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent, dangerous, or illegal conduct.

25. Effect of Termination

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services.

26. Indemnity

You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Workforce Terms; (b) your wrongful or improper use of the Services; (c) any transaction information uploaded or transmitted by you through the Services; (d) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (e) your violation of any law, rule or regulation of the United States or any other country; (f) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.

27. Representation and Warranties

You represent and warrant to us that: (a) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these Workforce Terms; (b) the name identified by you when you registered is your legal name; (c) you will not use the Services, directly or indirectly, for any fraudulent undertaking, in any way that infringes any third party right, or in any manner so as to interfere with the operation of the Services; and (d) your use of the Services will be in compliance with these Workforce Terms.

28. No Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SQUARE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SQUARE, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. SQUARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SQUARE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

29. Limitations of Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SQUARE, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL SQUARE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SQUARE, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) SELLER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SQUARE, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Services are controlled and operated from facilities in the United States. Square makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so of their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.

30. Disputes

For purposes of Section 30, “Disputes” are defined as any claim, controversy, or dispute between you and Square, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of these Workforce Terms, and including any claim, controversy, or dispute based on any conduct of you or Square that occurred before the effective date of these Workforce Terms, so long as the Dispute was not filed in arbitration or, in limited circumstances, in court, prior to the effective date of these Workforce Terms, including any claims relating in any way to these Workforce Terms or the Services, or any other aspect of our relationship.

31. Binding Individual Arbitration

If you are a current or former employee, independent contractor, agent, or authorized user of one or more Square sellers, or are otherwise any other individual that helps Square sellers operate, manage, or support activities for which they use the Services, this arbitration provision applies to you:

General. You and Square agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be individually arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. YOU AND THE COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE ACTIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY. Nothing in this agreement prevents you or Square from settling Disputes on a class, representative, or consolidated basis. If any term of this arbitration agreement in Section 31 is found unenforceable, including the Mass Procedures described below, the unenforceable term will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class action, class arbitration, or representative action arbitration). You acknowledge and agree that this arbitration agreement applies to all Disputes, including Disputes arising from conduct that occurred prior to the effective date of this or any prior version of these Workforce Terms.

Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is commenced, you or Square agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of these Workforce Terms. To provide this opportunity, before commencing any arbitration, proceeding in small claims court, or lawsuit (when permitted by this arbitration agreement), each party agrees to send to the other party a written Notice (“Notice”) and personally meet and confer to informally resolve any Dispute. Any Notice to Square should be sent by mail to Block, Inc., Attn: Arbitration Agreement, 1955 Broadway, Suite 600, Oakland, CA 94612. Any Notice sent to you will be mailed to the address on file for your account. The Notice must: (i) include your name, mailing address, Account name, if applicable, email address and phone number associated with your account; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; (iii) set forth the specific relief sought, including an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages; and (iv) be personally signed by you or Square, as applicable. A Notice is only valid when it pertains to, and is on behalf of, an individual party. A Notice brought on behalf of multiple parties is invalid as to all. Both parties agree that they will attempt to resolve a Dispute through an informal negotiation within sixty (60) days from the date the Notice is received, and you and Square therefore agree that, before either you or Square demands or attempts to commence arbitration or litigation (where permitted) against the other, both parties will personally meet and confer, via telephone or videoconference, with each other in a good-faith effort to resolve informally any Dispute. These informal resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration or litigation (where permitted); multiple parties initiating claims cannot participate in the same informal resolution conference, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. Engaging in an informal resolution conference is a requirement that must be fulfilled before commencing arbitration or litigation (where permitted). Any statute of limitations shall be tolled while the parties engage in the informal resolution process required by this paragraph.

After that sixty (60) day period and not before, and after the informal resolution conference has occurred and not before, either party may elect, in a written Notice to the other party as described above, that it will pursue the matter either through small claims court or arbitration. The party receiving the notice shall then have seven (7) days to respond, including to elect for the case to be heard by a small claims court with jurisdiction. After that seven (7) day period and not before, either party may commence arbitration if not proceeding in small claims court with jurisdiction. You agree that compliance with the informal resolution process described above is a condition precedent to commencing arbitration or filing a claim in small claims court. A party’s failure to satisfy this condition precedent entitles the opposing party to seek immediate dismissal of the arbitration or litigation (where permitted) and the right to seek reimbursement of its costs. If either party elects small claims court, the Dispute will be resolved in that forum and not through arbitration. Each party agrees that state courts in the City of Oakland and County of Alameda, California, or federal court for the Northern District of California, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph. Each party also agrees that state courts in the City of Oakland and County of Alameda, California, or federal court for the Northern District of California may address whether a claim filed in small claims court or in arbitration has been previously released. Each party also agrees that state courts in the City of Oakland and County of Alameda, California, or federal court for the Northern District of California may address whether a claim filed in small claims court or in arbitration has been previously released.

Scope of Arbitration. If we and you are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by National Arbitration and Mediation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules and Procedures in effect at the time of the arbitration and, when applicable, the NAM Supplemental Rules for Mass Arbitration Filings (together, the “NAM Rules”), and this Section 31. In the event NAM is unavailable to administer the arbitration, either party may invoke 9 U.S.C. § 5 to request that a court appoint the Arbitrator. Except as set forth above and for Disputes subject to jurisdiction in small claims court, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Workforce Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the arbitration provider but before an Arbitrator has been selected, and the claim is subject to the jurisdiction of the filing party’s local small claims court, the other party can send a written notice to the opposing party and the arbitration provider requesting that the Dispute be decided in small claims court. Upon receipt of such notice, and if all outstanding arbitration service fees have been paid, the arbitration provider shall then administratively close the case.

Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. So long as it is consistent with the NAM Rules, the arbitration shall occur through the submission of documents to one Arbitrator. To the extent the Arbitrator determines a hearing is required, the arbitration shall be conducted remotely by telephone or video conference. To the extent that the Arbitrator determines that an in-person hearing is required, the arbitration hearing will take place as close to your hometown as practicable. You and the Company will have the right to file early or summary dispositive motions. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The Company values your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an Arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect with respect to disputes involving other parties.

Mass Procedures. To increase the efficiency of administration and resolution or arbitrations, you and Company agree that if there are twenty-five (25) or more individual arbitration demands of a substantially similar nature filed against Company by or with the assistance of the same or coordinated counsel or entities (“Mass Proceeding”), the parties shall select twelve (12) individual arbitration demands (six (6) per side) for which arbitration will initially proceed (“Bellwether Arbitrations”). The NAM Supplemental Rules for Mass Arbitration Filings shall apply to the Mass Proceedings. While the Bellwether Arbitrations are adjudicated, all other demands for arbitration that are part of the Mass Proceeding shall be held in abeyance and stayed, no other cases may be filed in arbitration, and NAM shall not accept or demand payment of any administrator or arbitrator fees in connection with such stayed demands (other than any initial filing fees, and/or Procedural Arbitrator fees, if applicable, already paid or incurred). Any applicable statute of limitations shall be tolled as to non-Bellwether Arbitrations demands when such non-Bellwether Arbitrations are held in abeyance. The tolling period will begin when the claimant first provided the Notice of its intent to initiate an informal resolution conference as described above. Throughout this first stage, the Arbitrators for the Bellwether Arbitrations are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties.

Following resolution of the Bellwether Arbitrations, all parties agree to engage in a single global mediation of all remaining demands comprising the Mass Proceeding (the “Bellwether Mediation”). The Company shall pay the mediation fee. If the parties are unable to resolve the remaining demands comprising the Mass Proceeding within thirty (30) calendar days following the Bellwether Mediation, NAM shall (1) administer all such remaining demands in batches of 100 demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual demands remain, a single batch of all those demands, and, to the extent there are fewer than 100 demands remaining after the batching described above, a final batch consisting of the remaining demands); (2) appoint one Arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the Arbitrator, and one final award, which will provide for any and all relief to which the Arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.

All parties agree that demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application or enforceability of these Mass Procedures, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to resolve the dispute (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such initial questions, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any such initial questions promptly. The Company shall pay the Administrative Arbitrator’s costs.

All parties agree that the Mass Procedures are designed to be a generally faster, more efficient, and more affordable mechanism for resolving a Mass Proceeding, including the claims of individual parties who are not selected for a Bellwether Arbitration.

All parties agree to cooperate in good faith with the arbitration provider to implement the Mass Procedures, including deferring any costs associated with the non-Bellwether Arbitration Mass Proceedings until the Bellwether Arbitrations and Bellwether Mediation have concluded, paying single administrative fees for any subsequent batches of demands that proceed pursuant to Batch Arbitration, and cooperating to take any steps to minimize the time and costs of arbitration, which may include the appointment of a discovery special master to assist the Arbitrator in the resolution of discovery disputes and the adoption of an expedited calendar of the arbitration proceedings.

These Mass Procedures shall in no way be interpreted as authorizing or creating a class, collective, or representative action of any kind, or an arbitration involving joint or consolidated claims, except as expressly set forth in this Section 31, and nothing about the Mass Procedures will preclude any party from participating in any arbitration administered according to that process.

Arbitration Fees. Your and Company’s responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”). For purposes of this arbitration agreement, references to you and Company also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.

Opt Out. You have the right to opt out of this arbitration agreement by sending a written notice of your decision to opt out (the “Opt Out”) within thirty (30) days after you first create an Account or gain Permissioned Access, or for existing customers who agree to an amended version of the arbitration agreement as a terms update, within thirty (30) days after first becoming subject to that amended arbitration agreement. The Opt Out must be mailed to Block, Inc., Attn: Arbitration Agreement, 1955 Broadway, Suite 600, Oakland, California 94612 (please note that any correspondence not related to opting out sent to this address will not receive a reply). For your convenience, we are providing an opt out notice form you must complete to Opt Out. To complete this form, you must provide your name, address, phone number and the email address(es) you used to sign up for and use the Services. This is the only way to opt out of this arbitration agreement. Any Opt Out will be effective only if you send it yourself, on an individual basis, and opt outs from any third-party purporting to act on your behalf will have no effect on your or the Company’s rights. If you opt out of this Arbitration Agreement, all other parts of these Workforce Terms and other policies applicable to the Services will continue to apply to you. Opting out of this arbitration agreement will have no effect on any arbitration agreements that you may currently have with us, including any previous versions of this arbitration agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any future agreements you may reach to arbitrate with us.

Court Proceedings. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City of Oakland and County of Alameda, California, or federal court for the Northern District of California.

32. Governing Law

These Workforce Terms and any Dispute will be governed by the Federal Arbitration Act, as set forth above, and by California law and/or applicable federal law without regard to its choice of law or conflicts of law principles.

33. Limitation on Time to Initiate a Dispute

Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

34. Right to Amend

We have the right to change or add to the terms of these Workforce Terms at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Services with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website at squareup.com or any other website maintained or owned by us for the purposes of providing services under these Workforce Terms. Any use of the Services after our publication of any such changes shall constitute your acceptance of these Workforce Terms as modified. However, any Dispute that arose before the modification shall be governed by the version of the Workforce Terms (including the binding individual arbitration clause) that was in place when the Dispute arose.

35. Assignment

These Workforce Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Square without restriction.

36. Third Party Services and Links to Other Websites

You may be offered services, products and promotions provided by third parties and not by Square (“Third Party Services”). If you decide to use these Third Party Services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that Square is not responsible for the performance of these services. The Services may contain links to third party websites as a convenience to you. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Square. You agree that you access any such website at your own risk, and that the website is not governed by the terms and conditions contained in these Workforce Terms. Square expressly disclaims any liability for these websites. Please remember that when you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own rules and policies.

37. Other Provisions

Except as expressly provided in these Workforce Terms, these terms are a complete statement of the agreement between you and Square, and they describe the entire liability of Square and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of the Services. In the event of a conflict between these Workforce Terms and any other Square agreement or policy, these Workforce Terms shall prevail. If any provision of these Workforce Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting these Workforce Terms. These Workforce Terms do not limit any rights that Square may have under trade secret, copyright, patent, or other laws. Square’s failure to assert any right or provision under these Workforce Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Workforce Terms shall be deemed a further or continuing waiver of such term or any other term.

38. Survival

In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of these Workforce Terms, the following sections of these Workforce Terms survive and remain in effect in accordance with their terms upon the termination of these Workforce Terms: 3 (Our Relationship to You), 7 (Termination of Employment with your Employer), 21 (Ownership), 22 (Security), 23 (Termination), 24 (Suspension or Termination by Us), 25 (Effect of Termination), 26 (Indemnity), 27 (Representations and Warranties), 28 (No Warranties), 29 (Limitation of Liability and Damages), 30 (Disputes), 31 (Binding Individual Arbitration), 32 (Governing Law), 33 (Limitation on Time to Initiate a Dispute), 34 (Right to Amend), 35 (Assignment), 36 (Third Party Services and Links to other Websites), 37 (Other Provisions).