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Home Court filings In re Plaid Inc. Privacy Litigation — N.D. Cal., No. 4:20-cv-03056-DMR Exhibit C — Plaid Privacy (Dkt. 79.3)

Court filing

Exhibit C — Plaid Privacy (Dkt. 79.3)

Summary

Exhibit C, Doc. 79-3, filed September 14, 2020 in No. 4:20-cv-03056-DMR, in the U.S. District Court for the Northern District of California. It is a printout dated 9/12/2020 of the Cash App Terms of Service, with the General Terms of Service last updated April 21, 2020. The terms state that Square, Inc. offers Cash App as a payment service and financial platform, and that by using the service the user agrees to be bound by the Cash Terms, the E-Sign Consent and the General Terms. The opening sections cover account requirements, including that the user be a U.S. resident and at least 18 years old, and the account registration and verification terms, including a Restricted Account.

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CourtU.S. District Court for the Northern District of California
Filed2020-09-14

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“Exhibit C — Plaid Privacy (Dkt. 79.3).” U.S. District Court for the Northern District of California, No. 4:20-cv-03056-DMR, Doc. 79-3, filed 2020-09-14. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-plaid-privacy-cand-359040/2020-09-14-gov-uscourts-cand-359040-79-3-doc-79-3/, SHA-256 5d05a272fce53ededf04c1fcdfc4e57d3af93dae963c37bca4f2423f3420e09c.

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EXHIBIT C 
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Cash App
Additional Cash Terms of
Service
General Terms of Service
Mobile Check Capture Terms of Service Below
General Terms of Service
Last updated: April 21, 2020
We’ve included annotations in the gray boxes below to
emphasize certain portions of our notice and help guide you as
you read them. The annotations aren’t summaries, so please
take the time to read everything! 
This page explains our terms for Cash App. By using the service
you agree to these terms. If you use the service on behalf of
your company, your company agrees to them too.
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
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Using the Cash App requires you open an account. You’ll need to
be a U.S. resident and at least 18 years old. If you want to use
your account balance to send money to another Cash App user,
then you’ll need to give us some more information about you,
and we’ll need to be able to verify your identity.
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. Some features, such as the
ability to send money to another Cash App user with the
balance in your Account, may be available only if you provide
us with certain information about you and we are able to
verify your identity.
III. Cash App Account and Communication
1. Cash App Account
Here’s the part where you tell us you own the email or phone
number you registered with and that the personal information
you provide to us is correct. You agree to cooperate with us so
that we can verify your identity. We might use third parties to
help us do so.
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
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settings (“Account Information”) is true and accurate. All
Account Information is subject to Square’s Copyright and
Trademark Policy.
To register, open, use, or upgrade 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.
When you first open your Account, it will be a “Restricted
Account.” A Restricted Account has all the features and
functionality described in these Terms of Service except that
you cannot make a payment to another Cash App customer
(including a Cash for Business Seller) using your Cash App
Balance (defined below). With a Restricted Account you may
link an external, U.S.-issued bank account (an “Eligible Bank
Account”) (subject to these Terms of Service) to make a
payment to another Cash App customer (including payments
made to a Cash for Business Seller), and you may transfer
funds from your Cash App Balance to your Eligible Bank
Account. If you have a Restricted Account and you attempt to
make a payment to another Cash App customer from your
Cash App Balance, then you will be given the option of
upgrading your Account to an “Unrestricted Account”.To
upgrade your Account, you will need to provide us with
certain personal information so that we can verify your
identity. After we verify your identity, your Account will
convert to an Unrestricted Account. If you decline to provide
us with the information that we request or if we cannot verify
your identity to our satisfaction (in our sole judgment and
discretion) for any reason, then your Account will remain a
Restricted Account and you will not be able to use your Cash
App Balance to make payments to other Cash App users.
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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”).
I. Stored Balance Disclosures
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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 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 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 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 can find your transaction receipts and account statements
in your Cash App account.
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
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Cash.app.
You may obtain information about the amount of money you
have remaining in your Account and can view your 12-month
and 24-month history of Account transactions at
www.cash.me/account.
3. Error Resolution
Contact us if you see any errors or issues with your account. Our
contact info is below, along with a description of the process
and timeline for us to look into your issue. We’ll need some basic
information from you to begin our investigation.
In case of errors or questions about your account call us at
(855) 949-7782, please note (1) this is the only phone number
customers can call for Cash App support, and (2) a Cash App
representative will never ask you for your password, PIN,
social security number or full debit card number. Or write us
at Square, Inc., 1455 Market Street, Suite 600, San Francisco,
CA 94103 as soon as you can if you think an error has
occurred in your Account. We must allow you to report an
error until 60 days after the date you electronically access
your Account, if the error could be viewed in your electronic
history. In order for us to assess the situation, you will need
to tell us:
Your name and Account number;
Why you believe there is an error, and the dollar amount
involved; and
Approximately when the error took place.
If you tell us orally, we may require that you send us your
complaint or question in writing within 10 business days. We
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II. Eligibility
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will determine whether an error occurred within 10 business
days after we hear from you and will correct any error
promptly. If we need more time however, we may take up to
45 days to investigate your complaint or question. If we
decide to do this, and your Account is registered with us, we
will credit your Account within 10 business days for the
amount you think is in error, so that you will have the money
during the time it takes us to complete our investigation. If
we ask you to put your complaint or question in writing and
do not receive it within 10 business days, we may not credit
your Account.
For errors involving new Accounts, as well as point-of-sale
transaction, we may take up to 90 days to investigate your
complaint of question. For new Accounts, we may take up to
20 business days to credit your Account for the amount you
think is an error. We will tell you the results within three
business days after completing our investigation. If we
decide that there was no error, we will send you a written
explanation. You may ask for copies of the documents that
we used in our investigation. If you need more information
about our error-resolution procedures, call us at (855) 949-
7782, please note (1) this is the only phone number
customers can call for Cash App support, and (2) a Cash App
representative will never ask you for your password, PIN,
social security number or full debit card number.
For purposes of these disclosures, our business days are
Monday through Friday. Holidays are not included.
4. Your Liability for Unauthorized Transactions
Contact us as soon as possible if you think there has been
unauthorized activity on your account. Depending on the
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circumstances, if an unauthorized transaction has occurred we
may be able to cover you.
Please let us know if you believe there is an Unauthorized
Transaction on your Account. You could lose all the money in
your Account.
We will protect you from Unauthorized Transactions in your
Account. When this protection applies, we will cover you for
the full amount of the Unauthorized Transaction, so long as
we were able to complete the Error Resolution procedures
described above.
An "Unauthorized Transaction" occurs when money is sent
from your Account that you did not authorize and that did
not benefit you. For example, if someone steals your
password, uses the password to access your Account, and
sends a payment from your Account, an Unauthorized
Transaction has occurred. However, the following are NOT
considered Unauthorized Transactions:
If you give someone access to your Account (e.g. by giving
them your login information) and they use your Account
without your knowledge or permission, unless you have
notified us that transfers by that person are no longer
authorized;
If you, or someone else with whom you are acting in
concert, act with fraudulent intent; or
You reverse engineer or chargeback a transaction made
with your Cash Card.
5. Our Liability
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We will cover your losses for certain incomplete or incorrect
transactions, detailed here.
If we do not complete a transaction to or from your Account
on time or in the correct amount according to these Cash
Terms, we will be liable for your losses or damages. However,
there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you have insufficient funds in
your Account to complete the transaction;
If the ATM where you are making the Transaction or using
your Cash Card does not have enough cash;
If the Cash App was not working properly and you knew
about the breakdown when you started the transaction;
If circumstances beyond our control (such as fire or flood)
prevent the transaction, despite reasonable precautions
that we have taken.
6. Funding Sources Used for Payments Made Through the
Service
You may link 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, you acknowledge your personal and
financial information is being provided to Plaid Inc., that your
personal and financial information will be collected,
processed, transferred, or stored in accordance with Plaid
Inc.’s Privacy Policy, and that you acknowledge and agree to
Plaid Inc’s Privacy Policy.
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When you initiate a payment through the Cash App, if you
have a Restricted Account, then you will not be able to
initiate payments to other Cash App users (including Sellers
with Cash for Business accounts) with your Cash App
Balance. If you have a Restricted Account and you wish to
make a payment to another Cash App customer, you may: (1)
use an Eligible Bank Account or Eligible Credit Account; or
(2) upgrade to an Unrestricted Account to make the payment
with your Cash App Balance.
If you have an Unrestricted Account and have sufficient
funds in your Cash App Balance to satisfy the full payment
amount you can choose whether you want the payment
fulfilled by your Cash App Balance, Eligible Bank Account or
Eligible Credit Account. If you do not have sufficient funds in
your Cash App Balance to cover the full transaction, then you
may choose the funding source from your Eligible
Transaction Accounts or Eligible Credit Accounts.
7. Cashtags
You may choose a unique username for Cash App, which will be
your “Cashtag.” If you choose a Cashtag that turns out to be too
confusing or deceptive, we might require you to change it.
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
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Information in our sole discretion, and we may reclaim or
make unavailable Cashtags without liability to you.
8. Sharing of Your Information
We will share Account Information and transaction
information, including your name, the amount, and a
description, with the other party to your transaction and in
accordance with our Privacy Policy.
9. Text Messages
Here’s where we describe your consent to receive texts from us
and your representations regarding texts we send to others
relating to your payments.
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.
10. Cash App Fees
The fee for using the Cash App are found in the "Stored
Balance Disclosures" in Section IV.1 of these Terms. We
reserve the right to charge for or change the fees associated
with the use of the Cash App at any time subject to these
Cash Terms. A fee may be imposed by Square or an ATM
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operator for use of the Cash Card at an ATM, including for a
balance inquiry, and by any network used to complete the
ATM transaction.
11. Cash App Investing
If you want to use Cash App to buy stocks you need to sign up
with our broker-dealer, Cash App Investing LLC.
If you choose to use brokerage services provided by Cash
App Investing LLC, a FINRA registered broker-dealer and
subsidiary of Square (“Cash App Investing”), you must open a
brokerage account with Cash App Investing and agree to
their terms and conditions for such account. By using any
Cash App Investing services, you authorize and instruct us to
follow any instructions provided to us by Cash App Investing
on your behalf regarding the transmission or receipt of any
funds in your Cash App Balance.
IV. Cash App Balance
1. General
By initiating transactions from your linked bank account or debit
card, you are authorizing us to debit those sources. If we incur
costs because you have insufficient funds in your account, you
will cover those costs.
a. Functionality. Your balance consists of the funds you have
in your Account that are available for new transactions and
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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 Direct Deposit
(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. Funds in your Cash App
Balance might not be available to use for all types of
transactions. If you have a Restricted Account, then you may
not use your Cash App Balance to make payments to other
Cash App users (including Cash for Business Sellers) unless
you first upgrade to an Unrestricted Account.
2. Funding Your Cash App Balance
There are several ways you can add funds to your Cash App
balance. Each method is described here.
a. Eligible Bank Account. You may use funds from your
Eligible Bank Account to fund your Cash App Balance.
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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 direct deposit program provided by our partner
banks (the “Direct Deposit”). Such Direct Deposits are
governed by the terms and conditions provided by the
applicable bank.
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 your Cash App Balance (if you have an
Unrestricted Account) and an Eligible Bank Account, 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.Access to Funds.Certain funding features (such as cash
loads and Direct Deposit) may be unavailable or delayed
from time to time due to risk-based restrictions, scheduled
maintenance, changes to our Services, unforeseen
circumstances, or outages.
3. Transferring Funds to Your Bank Account
You can transfer funds from your Cash App balance out to your
bank account. These transfers can take up to three days, or for a
fee, be made instantly. We may limit your ability to transfer funds
to your bank account, based on the circumstances. For example,
we may delay transfers while we screen for fraud or risks. You
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are responsible for all amounts owed on your account even after
it is closed.
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
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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
Square will not mix your funds with Square’s corporate funds.
Your funds will be held in pooled bank accounts with the funds
of other Cash App customers.
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.
5. Interest
You will not receive interest on the funds that you have in your
stored balance.
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
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irrevocably transfer and assign to Square all right that you
may have in any interest that may accrue on funds held in
pooled accounts.
V. 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
You will be able to send funds using our P2P service if you have
a linked bank account or linked a credit card. If you have an
Unrestricted Account you will also be able to send funds using
our P2P service if you have funds available in your balance. You
authorize us to move funds on your behalf. We won’t be
responsible for certain incomplete transactions, as described
here.
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. Note that your Cash App Balance will not be an
“Eligible Transaction Account” until you have given us certain
information and we have verified your identity, as set forth
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above. This means that until (a) you give us this information
(b) we verify your identity and (c) you have an Unrestricted
Account, you will not be able to use the Cash App Balance to
send funds using the Peer-to-Peer Service. Your Cash App
Balance is an “Eligible Transaction Account” only if you have
an Unrestricted Account. With a Restricted Account, you may
send funds with the Peer-to-Peer Service using an Eligible
Credit Account or an Eligible Bank Account.
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
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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; or (v) either you or the Recipient does not provide
us with any information that we request, or we are unable to
verify your identity or the identity of the Recipient to our
satisfaction.
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
If you’re sending large amounts of money over the thresholds
described here, you will need to provide additional ID so that we
can make sure you are who you say you are.
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)
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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
Sending money to others through our P2P service is currently
free, but we can charge fees in the future.
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 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,
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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 we believe you received a payment that should not have been
made for some reason (for example, fraud), you give us
permission to reverse that payment. We are not responsible for
any payments that you receive, even if you don’t know who sent
the payment.
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.
VI. Cash Card
1. Issuance of the Cash Card
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We may arrange for a bank to provide you with a virtual or
physical Cash Card. By using the Cash Card, you agree to any
additional applicable terms from the issuing bank. We may
cancel, repossess or revoke your Cash Card at any time.
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 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
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the Cash App. Your physical card may be cancelled,
repossessed, 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
You can use your Cash Card to make purchases using any
available Cash App balance. You agree we can move funds from
your balance to your Cash Card for purchases that you make
with your 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 agree that you won’t make a purchase or transaction in
excess of the funds available in your balance and if you do, you
agree that we can recover any negative balance.
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
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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
You may use the “Disable Card” feature of Cash App to disable
your Cash Card if you lose your Cash Card or think it has been
stolen.
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.
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6. Card Cancellation
If we determine that you are no longer eligible for a Cash Card,
we will let the issuing bank know and your Cash Card may be
canceled without notice.
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.
7. Disclaimer
We make no guarantees regarding your Cash Card and we are
not responsible if it gets stolen, lost, destroyed, or used without
your permission.
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.
VII. Cash for Business
1. Transaction Processing for Sellers of Goods or Services
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If you are a seller of goods or services, we will process your
transactions as an agent on your behalf. We will charge you a
fee, depositing the balance of payments from your customers
into your Cash App balance. You allow us to void transactions if
we believe that a chargeback for the transactions will occur.
If your are a seller of goods or services you will be badged
with an official insignia or otherwise designated as having a
“Cash for Business” account. In doing so, 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. In
connection with the Payment Services (as defined in the
Payment Terms), you authorize us to act as your agent for the
purposes of holding, receiving, and disbursing funds on your
behalf. Once you have created an Account you will be able to
accept payments from Cash App users for the sale of goods
and services. We will, acting on your behalf, facilitate the
processing of such payment 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.
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2. Purchases from Cash for Business Sellers
You may use your account or a linked card to purchase goods
and services from Cash for Business sellers. By initiating a
payment to a Cash for Business seller, you agree to let that
seller debit your account or linked card to complete the
transaction. You can use your Cash App Balance to purchase
goods and services from Cash for Business sellers only after we
have verified your identity.
As a Cash App customer, you may purchase goods and
services from Cash for Business Sellers or to make donations
to charities or political campaigns who use Cash for Business.
Note that you can fund these purchases from your Cash App
Balance only if we have verified your identity as described
above. If we have not yet verified your identity, then you will
not be able to use your Cash App Balance to purchase goods
or services from Cash for Business Sellers or to make
donations to charities or political campaigns who use Cash
for Business. You may only use other authorized linked
accounts for such transactions.
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. Purchases from
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Cash for Business Sellers using your Eligible Credit Account
or Eligible Bank Account will be processed by Square as
agent for Cash for Business Sellers in accordance with these
Cash Terms.
VIII. OTHER LEGAL TERMS
1. Recovery of Funds
You give us permission to recover amounts you owe by debiting
funds available in your Cash App account or any other account
you may have with Square. This may involve us making attempts
to recover less than the full amount you owe to us. We might
contact you or take other legal actions to collect amounts due.
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, your Cash App
Balance, any Eligible Bank 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.
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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 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
We may limit your funding sources to reduce risk. You will use
Cash App legally and in accordance with debit and credit card
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network rules. You agree to not abuse the payment system or
the service. We may block or reverse any transaction, including
those that violate our terms or the law, at your expense.
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
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misapplied, misposted or misdirected prohibited transactions
will be your sole responsibility and not ours.
4. Limitations on Our Liability for Failure to Complete
Transactions
There are some circumstances where we will not be liable if
transactions do not go through. Those circumstances are listed
here.
We will not be liable, for failure to complete transactions in
the following circumstances: (a) Through no fault of ours,
there are insufficient funds in your Cash App Account to
complete the transaction; (b) A merchant refuses to accept
your Cash Card; (c) The information supplied by you is
incorrect, incomplete, ambiguous or untimely; (d) An ATM
where you are making a cash withdrawal does not have
enough cash; (e) An electronic terminal (Point of Sale or ATM)
where you are making a transaction does not operate
properly; (f) Access to funds in your Cash App Account have
been blocked after you reported your Cash Card lost or
stolen; (g) The transaction cannot be completed because
your Cash Card is damaged; (h) There is a hold or your funds
are subject to legal or administrative process or other
encumbrance restricting their use; (i) We have reason to
believe the requested transaction is unauthorized; (j)
Circumstances beyond our control (such as fire, flood, power
failure, strike, labor dispute, critical service provider failure,
computer breakdown, telephone line disruption, government
or regulatory action, or a natural disaster) prevent or delay
the completion of the transaction, despite reasonable
precautions that we have taken; or (k) Any other exception
stated in our Agreement with you.
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5. 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.
6. 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.
7. 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.
8. Termination of Account
We can terminate or refuse your access to the service at any
time, for any reason.
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
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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.
9. Services Upon Closure of Account
When your Cash App account is closed, we’ll settle any pending
transactions and return remaining funds in your account to you.
We may need to hold your funds if there is an investigation at
the time your Account is closed.
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, (1) may be made available for you to cash out in
Square’s discretion and subject to the other conditions in
these Cash Terms, and (2) we may require you to link a new
bank account that has not been associated with your
Account to cash out such funds.. If an investigation is
pending at the time of closure, we may hold your funds until
resolution of the investigation.
10. 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
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Account, Square will escheat such funds as required by
applicable law.
11. 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.
12. Taxes.
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, 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” does
not allow for the receipt of payment for goods and services
you provide others that constitute “reportable payment
transactions”.
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Mobile Check Capture Terms of
Service
Dated: May 13, 2020
This page explains our terms for Mobile Check Capture. By
using the service you agree to these terms.
These Mobile Check Capture Terms of Service (the “Mobile
Check Capture Terms”) govern your use of Mobile Check
Capture which enables you to use Cash App, a payment
service and financial platform offered by Square, Inc.
(“Square,” “we,” “our,” or “us”) and certain hardware (such as a
smartphone or other mobile device) approved by us to create
electronic images of the front and back of certain eligible
paper checks and to transmit those images and other
information, including, without limitation, information
captured from the magnetic ink character recognition (MICR)
line for review, processing and loading into your Cash App
Balance (as defined in the Additional Virtual Currency Terms
of Service).
I. General Information
This section defines what an Electronic Check is and details
what data we collect from the Electronic Check. It also informs
you that we may decline to process your check or reverse our
decision to process your check. To protect yourself, you should
retain your paper check for two weeks. You agree not to use this
feature to disrupt Cash App or to conduct illegal activity.
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1. “Electronic Check” means the electronic image of, and
electronic information derived from, a paper check, as well as
any associated data (including information you provide us or
that Cash App collects in connection with the submission of
the check image).
2. When you submit an Electronic Check, Cash App may
capture and retain various information from the mobile
device, including time and geolocation data. To use Mobile
Check Capture, you must have provided Cash App with all
hardware and operating permissions that it requests,
including permission to access your device’s camera, files
stored on your device, device time, and geolocation
information.
3. After we receive your transmission, we will review each
Electronic Check. We may decline to accept an Electronic
Check in our sole discretion, even if the Electronic Check
meets the eligibility standards and your Cash App account
is in good standing. You should not assume that any check
will be accepted for Mobile Check Capture. If you will need
to cash a check immediately, then you should have backup
check cashing options for situations where Mobile Check
Capture does not accept your check.
4. After we have accepted an Electronic Check from you, you
must keep the original check in a secure location for two
weeks. It is imperative that you do so, because we reserve
the right to reverse our decision to accept an Electronic
Check. If we do, we will notify you of our decision, and you
may cash or deposit the check through another service or
at a different institution. After two weeks, you must either
destroy the original check or clearly and indelibly mark it
as VOID, unless we have contacted you with other
instructions.
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5. You will not use Mobile Check Capture to (i) interfere with
or disrupt the operation of Cash App or Mobile Check
Capture; nor (ii) conduct or engage in any illegal business
or activity, infringe any third party Intellectual Property
Rights using Mobile Check Capture or Cash App.
II. Eligibility Requirements
This section details the requirements your paper check must
meet to be eligible for Mobile Check Capture.
You may use Mobile Check Capture to submit a paper check
to us only if the paper check meets all of the requirements
listed below. A paper check that meets all of these
requirements is an “Eligible Check”:
1. The check is written to the order of you, or jointly to you
and another person;
2. The check is in your possession and control;
3. The check is drawn on or payable by a bank, credit union,
or other depository institution in the United States;
4. The check is payable in United States Dollars;
5. The check has been properly signed or similarly
authenticated by the maker;
6. The amount of the check does not exceed the maximum
check amount that Square has set for your use of Mobile
Check Capture, and will not cause the total amount of
checks you have submitted to via Mobile Check Capture to
exceed any daily, weekly, monthly, or other limits on the
dollar volume of checks that you may submit with Mobile
Check Capture;
7. The check is dated, and the date of the check is in the
past (i.e., the check is not postdated), but no more than 90
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days earlier than the date that you submit it through
Mobile Check Capture;
8. Neither the check nor any electronic image generated with
the check has been cashed or deposited previously, by
you or anyone else;
9. The check has not been altered in any way since it was
issued (except for the indorsement required by these
terms and conditions);
10. The check has been indorsed by you strictly in accordance
with the instructions given to you by us when you create
the Electronic Check, and had not been indorsed by you or
anyone else before; and
11. The check has not been dishonored previously, nor are
you aware of any reason to believe that the check will be
dishonored (e.g., you have been told that the maker of the
check does not have enough money in the account to
cover the check).
III. Representations and Warranties
Here is the part where you tell us all the information on the
check you are transmitting through Mobile Check Capture is
true and that the check is eligible for this service.
Each time that you submit an Electronic Check with Mobile
Check Capture, you represent and warrant to us that all of
the following are true:
1. The check that you are using to create the Electronic
Check is an Eligible Check (i.e., it meets all of the eligibility
criteria listed above) as of the time that you submit the
Electronic Check with Mobile Check Capture;
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2. Prior to submitting the Electronic Check, you visually
inspected the check images to confirm that they
accurately reflect the original paper check;
3. All of the information you submit to us in connection with
the Electronic Check (such as the check amount that you
input manually) is true, accurate, and complete;
4. The information in the Electronic Check is clear, legible,
and accurate, including (but not limited to) all of the
following information:
5. The MICR data on the bottom of the check front;
6. The check date;
7. The name of the person to whom the check is written
(which must be you);
8. The check writer’s signature; and
9. Your indorsement on the back of the check.
IV. What to Do After You Submit an Electronic Check
You must keep your check for two weeks after you use Mobile
Check Capture. We may need to contact you about your check.
Please update your contact information on Cash App.
1. After you submit an Electronic Check with Mobile Check
Capture, wait until the app confirms successful submission.
Then, place the original paper check in a secure location.
Keep the original check for two weeks, and then destroy it,
unless we instruct you otherwise.
2. It is critical that we be able to contact you after you submit
an Electronic Check with Mobile Check Capture. Before
using the Mobile Check Capture, confirm that all your
contact information in the Cash App is up to date. Be sure
to check your email and text messages for the email
address and phone number we will use to contact you.
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V. Dishonored Electronic Checks
If any Electronic Check is dishonored or returned unpaid for
any reason, then we may immediately (and without further
notice to you) deduct any funds from the Electronic Check
that we have credited to your Cash App Balance. If we have
already made funds from the Electronic Check available to
you then this deduction may result in a negative Cash App
Balance. We may recover funds from you in accordance with
the Additional Virtual Currency Terms of Service "Recovery of
Funds" to bring your negative balance to zero.
VI. Claims by Drawee Bank
The bank that accepts your check from us may have a claim
against us if there are problems with your check. Some common
problems, but not all, are listed here. If we make the bank that
accepts your check whole, then we may recover funds from you.
Pursuant to applicable law and the rules of the check
collection system, the drawee bank or a collecting bank
might pursue a warranty claim or other claim against us
related to the Electronic Check, even after the check was
honored and paid in full. Common grounds for claims like this
include:
1. The original check, or another electronic check created
from the original check, was presented for payment, either
before or after the drawee bank paid the Electronic Check;
2. The maker’s signature or any indorsement was forged, or
the check was otherwise issued fraudulent and without the
authorization of a person authorized to write checks on the
account;
3. The check was altered after it was made; and
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4. The information in the Electronic Check images did not
match the information that you provided at the time that
you submitted the Electronic Check, or it was not possible
to verify that information because the information in the
Electronic Check images was illegible.
These are just a few examples of the reasons that the drawee
bank or a collecting bank may assert a claim with respect to
the Electronic Check to recover amounts paid. If we (or one
of our banks or other service providers) are subject to such a
claim, then we may immediately recover funds from you in
accordance with the Additional Cash App Terms of Service -
Recovery of Funds (and without notice to you).
VII. Funds Availability
1. Your Ability to Withdraw or Use Funds from an Electronic
Check
We may delay your access to funds while we process your check.
Our policy is to delay the availability of funds from Electronic
Checks that you Successfully Submit (as defined below) with
Mobile Check Capture. During the delay, you may not use the
funds for transactions, including transactions to: (i) make a
payment to another Cash App customer (including a Cash for
Business Seller); (ii) withdraw cash using your Cash Card; (iii)
make a purchase with your Cash Card; (iv) fund a transfer to
your Eligible Bank Account; (v) initiate a “Buy” transaction for
virtual currency; or (vi) fund an order to purchase securities
using your Cash App Investing Account.
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An Electronic Check is considered “Successfully Submitted”
when you have received confirmation within the Cash App
that the Electronic Check has been submitted and accepted
by us.
2. When Funds From an Electronic Check Generally Will be
Available
This is where we tell you the cut off time for a check to be
submitted in order to be counted on a specific day and potential
hold periods.
The length of the delay is counted in business days from the
day that you Successfully Submit the Electronic Check. Every
day is a business day except Saturdays, Sundays, and federal
holidays. If you Successfully Submit an Electronic Check
before 7:00 p.m. Eastern Time on a business day, we will
consider the Electronic Check to have been Successfully
Submitted on that day. However, if you Successfully Submit
an Electronic Check after 7:00 pm Eastern Time or on a day
that is not a business day, we will consider that the Electronic
Check was Successfully Submitted on the next business day.
Funds from a U.S. Treasury check will generally be available
the first business day after you Successfully Submit the
Electronic Check with Mobile Check Capture, unless such
deposit is subject to a hold as otherwise provided in this
agreement.
Checks other than U.S. Treasury checks are subject to a hold
period between 1 and 15 business days.
3. Checks Returned or Subject to a Refund Claim
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We may make funds available to you before they clear from the
paying bank. If we do, and the funds do not clear the paying
bank you will be required to pay back the funds we made
available to you. If you present us with a check that has been
paid out by another bank and we also make funds available to
you, you will be required to repay the funds to us.
In many cases, funds from an Electronic Check will be made
available to you sooner than the Electronic Check can be
collected from the paying bank. This means that an
Electronic Check that you Successfully Submit with Mobile
Check Capture could be returned unpaid after funds have
been made available to you. If an Electronic Check is
returned unpaid, we may immediately reverse the amount
credited to your Cash App Balance for the Electronic Check.
If this results in a negative balance, then you will be required
to repay us this negative balance immediately. We may
recover funds from you in accordance with the Additional
Cash App Terms of Service - Recovery of Funds to bring your
negative balance to zero.
If an Electronic Check is presented for payment more than
once, the paying bank may recover funds paid on the
Electronic Check. If this happens, we may deduct the amount
of the Electronic Check from your Cash App Balance
immediately. If this results in a negative balance, you will be
required to repay the negative balance immediately, and we
may recover funds from you in accordance with the
Additional Cash App Terms of Service - Recovery of Funds to
bring your negative balance to zero.
VIII. Third Party Rights
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The image capture service on Cash App is provided by Mitek
Systems, Inc (“Mitek”). Below are Mitek’s rights to the
intellectual property and your license to use the technology.
Mitek Systems, Inc. enables the image capture services for
the Mobile Check Capture functionality.
SUCH CHECK CAPTURE SERVICE PROVIDER PROVIDES THE
SERVICE “AS IS”, AND “WITH ALL FAULTS”, MAKES NO
ADDITIONAL WARRANTIES EXPRESS OR IMPLIED RELATED
TO THE SERVICES, AND EXPRESSLY DISCLAIMS ANY AND
ALL OTHER WARRANTIES OF ANY KIND OR NATURE,
WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE ACCURACY, TITLE,
AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
THE CHECK CAPTURE SERVICE PROVIDER SHALL NOT BE
LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL OR OTHER INDIRECT
DAMAGES UNDER ANY CAUSE OF ACTION ARISING OUT OF
YOUR USE OF THE CHECK CAPTURE SERVICE.
You acknowledge and agree that Mitek Systems, Inc. has
granted you a limited license to use the Mobile Check
Capture technology as contemplated in the integration with
Cash App only. You further acknowledge and agree that you
are prohibited from using, copying, distributing, duplicating,
or otherwise reproducing all or any part of the Mobile Check
Capture technology and any such unauthorized action shall
be a material breach of this Agreement. Without limiting the
foregoing, the licenses granted under this Agreement only
permits you to use Mobile Check Capture as part of the Cash
App, and you may not license the the Mobile Check Capture
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technology on a standalone basis and may not license the
Mobile Check Capture technology to any third party that will
modify or integrate it independent of the Cash App
integration in any manner.
You acknowledge and agree that, except to the extent
prohibited by law, we may share any information about you or
any of your transactions using Mobile Check Capture with
the service provider for any reason that we deem necessary,
including (i) to review transactions for fraud or irregularities;
(ii) to confirm that Mobile Check Capture is being used
properly and in accordance with these terms and conditions;
(iii) to help the service provider or us improve the Mobile
Check Capture for you and other users of the service,
including by using information about you and your
transactions to enhance algorithms and systems for the
detection of fraud or transaction monitoring.
United States
General Terms of Service
Additional Cash Terms of Service
Cash Sutton Bank Terms of Service
Cash LDDA Terms
Cash Lincoln Savings Bank Terms of Service
Additional Virtual Currency Terms of Service
Cash App Investing Disclosure Library
Privacy Notice
Square E-Sign Consent
Auto Pay Authorization
United Kingdom
General Terms of Service
Additional Cash Terms of Service
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Privacy Notice for Cash App
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