Borrow Loan Agreement
Terms and Conditions
This Loan Agreement (“Agreement”) is a contract between (i) You (as defined below) and (ii) First Electronic Bank, a Utah-chartered industrial bank, Member FDIC (“Bank”), as the originator and issuer of Your closed-end loan. Please read this Agreement and keep a copy.
You acknowledge that You have read, agree with, and accept all terms and conditions contained in this Agreement. In consideration of the promises and the respective representations, warranties, covenants, agreements and conditions contained below and on the following pages, You and Bank enter into this Agreement and agree with, and accept, the terms and conditions set forth herein.
1. Definitions
“Annual Percentage Rate” or “APR” means the cost of Your credit as a yearly rate. The APR is reflected in the Summary of Loan Terms.
“Bank” has the meaning set forth in the first paragraph of this Agreement.
“Borrowed Amount” means the “Amount Financed” identified in the Summary of Loan Terms.
“Business Day” means any day except Saturday, Sunday, or any state, federal or postal holiday which is a day on which banks are required or permitted to be closed in the State of Utah.
“Check” means a check or money order You use to pay Your loan. This includes any image of these instruments.
“Due Date” means the date that payment for Your Borrowed Amount and Finance Charge are due and payable as detailed in your Summary of Loan Terms under “Final Due Date”.
“Execution Date” means the date identified in Your Cash App activity feed as the date you borrowed.
“Finance Charge” means the dollar amount the credit will cost You, calculated as a percentage of Your Borrowed Amount, as reflected in the Summary of Loan Terms.
“Military Borrower” means a “covered borrower”, as that term is defined in 32 CFR Section 232.3(g). See Section 30 for more information.
“Outstanding Balance” means the Borrowed Amount plus the Finance Charge less any payments that have been made over the term of the loan.
“Outstanding Balance Fee” means the one-time fee that may be applied in the event You fail to pay the Outstanding Balance by or on the Due Date, as reflected in the Summary of Loan Terms.
“Overdue Interest” means the weekly charge(s) applicable to Your unpaid Borrowed Amount in the event You fail to pay the Outstanding Balance by or on the Due Date, as reflected in the Summary of Loan Terms.
“Payoff Amount” means the remaining Outstanding Balance plus any unpaid Outstanding Balance Fee and Overdue Interest.
“Summary of Loan Terms” means Truth in Lending Disclosures provided to You prior to executing this Agreement, pursuant to the federal Truth in Lending Act and Regulation Z.
“Square Capital” means Square Capital, LLC, a wholly owned subsidiary of Block, Inc., formerly known as Square, Inc., d/b/a Square Capital of California, LLC in Florida, Georgia, Montana, and New York and includes its agents, authorized representatives, successors, and assignees.
“The Company” means Block, Inc., a Delaware company with offices at 1955 Broadway, Suite 815, Oakland, California, 94612 and includes its agents, authorized representatives, successors, and assignees.
“You” and “Your” means the person identified as “Borrower” in the Summary of Loan Terms.
2. Authorization to Obtain Credit Report and Credit Reporting
a. You authorize Bank to obtain Your credit reports from one or more credit reporting agencies for any purpose permitted by applicable law, including: (i) to authenticate Your identity; (ii) to make loan decisions; (iii) to service Your loan; (iv) to send You future marketing information; and/or (v) for internal analytics and credit modeling purposes. You understand that initially submitting personal information will not affect Your credit score, however, submitting a loan application or accepting a loan may result in an inquiry on Your credit report that may affect Your credit score.
b. Bank may report information about Your account to credit bureaus. Late payments, missed payments, or other defaults on Your account may be reflected in Your credit report.
c. If You believe that inaccurate information has been reported about Your loan to a credit bureau or other consumer reporting agency, please send notification to the following address and when You write, please identify the specific information that You believe is incorrect and why You believe it is incorrect.
First Electronic Bank c/o Square Capital, LLC
Attn: Cash App Lending Program Operations
1955 Broadway, Suite 815
Oakland, CA 95612
3. Promise to Pay
You agree to pay Bank the Borrowed Amount, together with the Finance Charge and any applicable Overdue Interest and Outstanding Balance Fee incurred in the event You fail to pay the Outstanding Balance by or on the Due Date.
Beginning on the Due Date, you authorize us to initiate payment of Your Outstanding Balance from Your Cash App Stored Balance and, if necessary, the debit card linked to Your Cash App account as a funding source, in an amount not to exceed the Outstanding Balance. We will first attempt to initiate payments from Your Cash App Stored Balance. If Your Cash App Stored Balance has insufficient available funds, then we will attempt to initiate a second transaction for the remainder of the Outstanding Balance from the debit card linked to your Cash App account as a funding source. If the account associated with the debit card linked to Your Cash App account as a funding source has insufficient available funds to repay Your Outstanding Balance, we may process a partial payment from Your Cash App Stored Balance.
In the event You fail to pay the Outstanding Balance within four (4) calendar days of the Due Date, you authorize us to initiate payments from Your Cash App Stored Balance upon receipt of funds into your Cash App account until the full satisfaction of the Payoff Amount. This authorization will remain in effect until Your Payoff Amount is paid in full, and we may make multiple repayment attempts from Your Cash App Stored Balance if earlier repayment attempts do not fully satisfy the Payoff Amount.
4. Disbursement of Funds
Upon Your execution of this Agreement, Bank will disburse the Borrowed Amount to Your loan account.
5. Loan Purpose and Structure
You acknowledge and agree that You will use this loan and the loan proceeds solely for personal, family, or household purposes. You will not use the loan proceeds, in whole or in part, for post-secondary educational or business expenses. You also acknowledge and agree that: (i) there is a limit to how much You can borrow, (ii) You can borrow subsequent closed-end loans up to your limit, and (iii) each Borrowed Amount is a one-time extension of closed-end credit subject to verification and evaluation of credit information and other criteria.
6. Change in Terms and Termination of Account
Bank may make changes to Your account, at any time as limited by applicable law or notice requirements.
7. Outstanding Balance Fee
In the event You fail to pay the Outstanding Balance by or on the Due Date, and the Outstanding Balance remains unpaid for four calendar days, You may be charged a $5 Outstanding Balance Fee if, upon acceptance of Your loan, You select a payment schedule other than that which was originally recommended to You.
8. Overdue Interest Charges
Overdue Interest accrues only if You do not pay Your loan by the Due Date. Commencing one week (seven calendar days) after the Due Date, Overdue Interest will accrue on any unpaid Borrowed Amount on a weekly basis and will continue to accrue on a weekly basis until the Payoff Amount has been paid in full.
9. Scheduled Payment
a. Your payment schedule for your Outstanding Balance will be one lump sum payment due on the Due Date, as set out in the Summary of Loan Terms. You may elect to prepay all or part of Your Outstanding Balance before the Due Date, but any prepayments, including any made pursuant to the optional repayment schedule, are voluntary.
b. You will take all necessary steps to ensure notifications are not being filtered out of the mode by which You have selected to receive notifications in Your Cash App. Your payment will still be due on Your regularly scheduled Due Date even if you do not receive a notification from us.
10. How Your Payments Are Applied
Except as prohibited by law, payments will be applied to Your loan as Bank determines in its sole discretion.
11. Prepayment
You may prepay Your loan in full or in part at any time. There is no penalty for early payment of all or any part of Your loan. If You repay the loan before the Final Due Date, we will refund pro rata any portion of the Finance Charge that exceeds 5% of the Amount Financed, proportional to the number of days remaining until the Final Due Date.
12. Making Your Loan Payments
a. Automatic Payment of Payoff Amount. For purposes of the payment authorization provided in Section 3 above, You authorize the Company (which shall be a third-party beneficiary of this provision), in its capacity as the holder of Your Cash App Stored Balance, to monitor activity on Your Cash App Stored Balance and to notify us, or to initiate a payment in the amount of the Payoff Amount, or in the amount of available funds in Your Cash App Stored Balance, whichever is less, on our behalf pursuant to standing instructions from us, any time funds are available in Your Cash App Stored Balance.
This subsection is not intended to create or to give us a security interest in Your Cash App Stored Balance or any funds added to Your Cash App Stored Balance. We expressly disclaim any priority over other creditors or a bankruptcy trustee in a bankruptcy proceeding or similar proceeding as a result of the payment authorization in this subsection.
b. Automatic Payments. You may choose to enroll in automatic payments during the application process for optional repayments to be made during the loan term. Additional disclosures regarding automatic payments for such optional repayments or for the payments described in Section 3 above are in Your Automatic Payment Terms, which will be provided at the time of enrollment. You can opt out of automatic payments at any time by contacting Cash App Support, which is accessed by clicking on Your profile in Cash App and clicking “Support” and following the in-app prompts. Opting out will, by no later than three business days after the date of such opt-out, disable all subsequent automatic payments, including those to be made during the loan term, on the Due Date and (if applicable) after the Due Date.
c. Manual Electronic Payments. You may choose to manually make electronic payments. By choosing this method, You will be required to authorize Your debit card to be debited for a stated amount each time You make a payment.
d. Payment by Mail. You may send Checks payable to “First Electronic Bank c/o Square Capital” to the following address:
First Electronic Bank c/o Square Capital, LLC
Attn: Cash App Lending Program Operations
Lockbox Services 208731
Dallas, TX 75320-8731
Your Check must specify Your Cashtag, original Borrowed Amount, and original borrow date. Your payment must be made in U.S. dollars from a valid U.S. source in a form acceptable to Bank. Conforming payments can be made in the following ways:
A Check must be physically received at the above address by 4:00 PM CT on a Business Day in order to be credited to Your account on the same day.
13. Payment Processing
a. You agree that Bank may accept and process payments without losing any rights.
b. You agree to make payments electronically or through Check payments that You send us. You agree that any other form of payment, including cash payments, will not be accepted. You agree that Bank or any of its service providers are not responsible if Your financial institution rejects a payment You make. You will be responsible for any fees charged by Your financial institution.
c. You agree and authorize Bank to resubmit and/or collect returned payments electronically if You have opted to pay electronically.
d. You agree and authorize Bank to make electronic reversals or credits to any debit card You have provided in the event of an erroneous debit or as otherwise appropriate.
e. You agree and authorize Bank to adjust Your loan to correct errors, process returned and reversed payments, and handle other issues pertaining to Your account.
f. Your funds may be withdrawn from Your deposit account as early as the same day Your payment is received.
14. Checks with Restrictive Words, Conditions, or Instructions
You agree not to send Checks bearing restrictive words, conditions, limitations or special instructions or send any accompanying communications with any payment to any address. If You send such a payment, it may be rejected and returned to You. Your payment may also be accepted and processed without regard to any such restrictive words, conditions, limitations, special instructions or accompanying communications without Bank losing any rights. This includes Checks marked “Paid in Full”, Checks that are post-dated, or Checks that otherwise have other restrictive, conditional, limiting, or instructive language. This also includes all accompanying communications.
15. Default
a. Unless expressly prohibited by law, You will be in default on Your loan if:
You do not make Your payment in full when it is due for Your loan under this Agreement;
Any payment You make is rejected or not paid by Your bank or cannot be processed by Your bank;
You file or become the subject of a bankruptcy or insolvency proceeding;
You are unable to repay Your obligations, including upon death or legally declared incapacity;
You provided inaccurate, untrue, or incomplete information, or You otherwise tried to defraud or provide material misrepresentations to Bank and/or its service providers;
Your Cash App account is restricted, suspended, or terminated;
You do not comply with any term of this Agreement; and/or
You permanently reside outside the United States.
b. If You are in default, certain actions by Bank may be taken with respect to Your loan without notifying You unless notification is required by law. For example, depending on the default the following actions may be taken:
Your ability to use any or all features on Cash App may be suspended until You satisfy Your outstanding loan obligation;
You may continue to be charged Overdue Interest as long as Your Outstanding Balance remains unpaid;
You may be unable to borrow subsequent closed-end loans as described in Section 5; and/or
Any other action to the extent not prohibited by law.
c. Loans are not available in all states. If You move to a state where we do not currently offer loans, You will be unable to borrow subsequent closed-end loans as described in Section 5.
16. Personal Financial Information
You promise to provide personal financial information about You that may be requested from time to time FOR UNDERWRITING, security, AND/OR other PURPOSES related to the management of Your account. This includes, but is not limited to:
Your legal name
A valid U.S. mailing address and residential address (if different);
Your date of birth;
Your Social Security Number or Individual Taxpayer Identification Number;
Your telephone number(s); and
Your employment and income information.
You promise to promptly update Your personal information in Your Cash App profile, including but not limited to Your name, street address, email address or telephone number. In doing so, You agree that You will not provide false information or signatures, electronic or otherwise, at any time. You may be asked for additional documents to verify any changes. You understand that if You move to a state where this product is not offered, You will be unable to borrow subsequent closed-end loans as described in section 5.
17. Age and Residency
By entering into this Agreement, You agree that You are at least 18 years of age or older and of sufficient legal age to enter into a contract in the state where You reside and You are a resident of the United States when You execute this Agreement.
18. Communications and Contact Information
a. You consent to accept and receive communications from Bank including e-mail, text messages, calls, and push notifications to the cellular telephone number You provide when You inquire about a loan or update Your contact information. Such communications may include, but are not limited to communications regarding applications for credit, credit decisions, disclosures, servicing, collections, requests for secondary authentication, receipts, reminders, and notifications regarding updates to Your account or account support. 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 sent to You.
b. You may opt-out of receiving promotional email communications 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 also opt-out of text messages from Bank at any time by texting END to the number You received a text from. You acknowledge that opting out of receiving communications may impact Your use of Bank’s and/or the Company and/or Square Capital’s services.
19. Submission of Ideas
You may submit comments or ideas about the loans and/or services You receive (“Ideas”). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited, and without restriction, that it will not place Bank under any fiduciary, confidentiality or other obligation, and that Bank and/or Square Capital 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 hereby grant us a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to use the User Content and all elements thereof, in any and all media formats and forms, known now or hereafter devised for any purpose that we choose.
20. Important Information About Procedures for Opening a New Account
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for You: When You open an account, we will ask for Your name, address, date of birth, and other information that will allow us to identify You. We may also ask to see Your driver’s license or other identifying documents.
21. Loan Documents
The following documents (“Loan Documents”) govern Your loan:
The E-SIGN Act Consent provided to You when You applied for the Loan;
This Agreement;
Summary of Loan Terms / Truth in Lending Disclosure;
Any Credit Report Authorizations You agreed to when You applied for the Loan;
Any Automated Payment Authorization You agreed to when You applied for the Loan;
Any Privacy Policies You agreed to when You applied for the Loan; and
Any Updated Terms.
Please read these carefully and keep them for future reference.
22. The Law That Applies to Your Agreement
This Agreement and any dispute arising hereunder will be governed by Utah law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within Utah, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction.
23. Severability
Except as otherwise provided herein (including, without limitation, the arbitration provision below) and to the extent not prohibited by law, if any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement.
24. Delay of Enforcement and Waiver
Bank will not lose any of its rights due to delay or any choice not to take any action for any reason. Bank may waive rights without notifying You. For example, Bank may waive Overdue Interest that You owe at a particular time without notifying You and without losing any right to impose Overdue Interest that accrues thereafter.
25. Assignment and Delegation
a. This Agreement will be binding on, and benefit, any of Your and Bank’s successors and assigns, which such assigns shall include, for the avoidance of doubt, any subsequent holders of Your loan. Except as provided by applicable law, Bank may sell, assign or transfer Your loan and this Agreement in whole or in part without Your permission and without prior notice to You. Any assignee or assignees, including, for the avoidance of doubt, any subsequent holders of this loan agreement, will take Bank’s place under this Agreement. You must pay them and perform all of Your obligations to them and not Bank. If You pay Bank after You are notified that Your loan or this Agreement has been transferred, Bank may return the payment to You, forward the payment to the assignee, or handle it in another way that is reasonable. You may not sell, assign, delegate or transfer Your loan, this Agreement, or Your obligations under this agreement to someone else without written permission of Bank or any subsequent holder of Your loan. Any sale, assignment or transfer of Your loan by You in violation of this section shall be null and void.
b. If this Agreement is sold, assigned or otherwise transferred, Your rights under the law or under this Agreement are in no way altered or impaired.
c. We may retain service providers to perform on our behalf any actions authorized or contemplated by this Agreement. Any authorization or permission that You grant to us in this Agreement (or otherwise in connection with Your loan) shall extend to and cover any service provider acting on our behalf or at our direction. Without limiting the generality of the foregoing, You expressly authorize the Company, when acting as our service provider, to take any actions authorized or contemplated by this Agreement regardless of whether such actions are authorized or contemplated by the Cash App terms of service.
Other provisions in this Agreement that expressly extend rights or protections under this Agreement to our service providers (either generally or to specific service providers) are included for the avoidance of doubt, and should not be interpreted to limit the operation or effect of the general provisions in this Section 24(c).
26. Entire Agreement
The Loan Documents constitute the entire agreement between You and Bank with respect to this loan. You acknowledge and agree that no oral representations shall vary, modify or amend the terms and conditions of the Loan Documents. Any failure by Bank to exercise, or delay by Bank in exercising, any right or remedy shall not operate as a waiver thereof.
27. Survival of Obligations
Notwithstanding any other provision in this Agreement, the obligations in Sections 22 (The Law That Applies to Your Agreement), 23 (Severability), 24 (Delay of Enforcement and Waiver), 25 (Assignment), 26 (Entire Agreement), 27 (Survival of Obligations), 28 (Disputes), and 29 (Binding Individual Arbitration) will survive any expiration or termination of this Agreement.
28. Disputes
“Disputes” are defined as any claim, controversy, or dispute between You and Bank, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of this Agreement, and including any claim, controversy, or dispute based on any conduct of You or Bank that occurred before the effective date of this Agreement, including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.
29. Binding Individual Arbitration
This arbitration provision does not apply to Military Borrowers.
General. You and Bank agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS 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. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
You and Bank agree that Square Capital, along with Square Capital’s parent company, subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Borrow program, are intended to be, and shall have the rights of, a third party beneficiary of this section of this Agreement.
Pre-Filing Requirement. Before an arbitration is commenced, You or Bank 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 the Terms. To provide this opportunity, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”). Any Notice to Bank should be sent by certified mail to: First Electronic Bank, c/o Square Capital, LLC, 1955 Broadway, Suite 600, Oakland, CA 94612. Any Notice sent to You will be sent to the contact information on file for Your account. The Notice must: (i) include Your name and Cash Tag; (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; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. 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 sent. After that sixty (60) day period and not before, either party may commence 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.
Scope of Arbitration. If we 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 the American Arbitration Association (https://www.adr.org) according to this Section and the Consumer Arbitration Rules through the Procedures for the Resolution of Disputes through Document Submission (the “AAA Rules”), including Rule D-3(b), except You and Bank will have the right to file early or summary dispositive motions and so long as the claim is arbitrable under the AAA Rules. Except as set forth above, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the General Terms and/or Additional 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. If a party has already submitted an arbitration demand to the AAA, the other party may, in its sole discretion, inform the AAA that it chooses to have the Dispute heard in small claims court. At that time, the AAA will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.
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 AAA Rules, including Rule D-3(b), the arbitration shall occur through the submission of documents to one arbitrator. To the extent any in-person arbitration hearing is required, the arbitration hearing will occur in Oakland, California; provided, however, that if circumstances prevent You from traveling to Oakland, the Arbitrator may hold an in-person hearing in Your hometown. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Bank 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.
Arbitration Fees. In accordance with the AAA Rules, the party initiating the arbitration (either You or us) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to You and Bank also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.
Opt Out. You may reject this provision, in which case only a court may be used to resolve any Dispute. To reject this provision, You must send us an opt-out notice (the “Opt Out”) within thirty (30) days after You take out a loan or we first provide You with the right to reject this provision. The Opt Out must be mailed to First Electronic Bank ℅ Block, Inc., Attn: Arbitration Provision, 1955 Broadway, Suite 600, Oakland, 94612. The Opt Out must include Your name, Cash Tag, address, phone number and the email address(es) You used to sign up for the loan as well as the loan number for the loan for which You choose to Opt Out. Opting out will not affect any other aspect of the Agreement or Your loan, and You will be opted out of arbitration for any subsequent (but not prior) closed-end loans You may borrow as described in section 5.
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.
30. Military Annual Percentage Rate Statement:
a. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: (1) the costs associated with credit insurance premiums; (2) fees for ancillary products sold in connection with the credit transaction; (3) any application fee charged (other than certain application fees for specified credit transactions or accounts); and (4) any participation fee charged (other than certain participation fees for a credit card account). To hear these disclosures and information about Your payment obligation over the telephone, please call the following toll-free number: (855) 949-7782.
b. Your payment obligation is listed in the Summary of Loan Terms under “Final Due Date.”
31. State Notices
For CALIFORNIA residents:
A married applicant may apply for a separate account.
As required by California law, You are hereby notified that a negative credit report reflecting on Your credit record may be submitted to a credit reporting agency if You fail to fulfill the terms of Your credit obligations.
**For IOWA residents:
NOTICE TO CONSUMER: (1) Do not sign this paper before You read it. (2) You are entitled to a copy of this paper. (3) You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law.
IMPORTANT: READ BEFORE SIGNING. The terms of this Agreement should be read carefully because only those terms in writing are enforceable. No other terms or oral promises not contained in this written contract may be legally enforced. You may change the terms of this agreement only by another written agreement.
For KANSAS residents:
NOTICE TO CONSUMER: 1. Do not sign this Agreement before You read it. 2. You are entitled to a copy of this Agreement. 3. You may prepay the unpaid balance at any time without penalty.
For MASSACHUSETTS residents:** Massachusetts law prohibits discrimination based upon marital status or sexual orientation.
For MISSOURI residents: Oral or unexecuted agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect You (borrower(s)) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.
For NEW JERSEY residents: The section headings of this Agreement are a table of contents and not contract terms. Because certain provisions of this Agreement are subject to applicable law, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, are void, unenforceable or inapplicable in New Jersey.
For NEW YORK, RHODE ISLAND, and VERMONT residents: You understand and agree that Bank may obtain a consumer credit report in connection with this application and in connection with any update, renewals for extension of any credit as a result of this application. If You ask, You will be informed whether or not such a report was obtained, and if so, the name and address of the agency that furnished the report. You also understand and agree that Bank may obtain a consumer credit report in connection with the review or collection of any loan made to You as a result of this application or for other legitimate purposes related to such loans.
For OHIO residents: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law.
For SOUTH DAKOTA residents: If there are any improprieties in the servicing of this loan or in any loan practices, please refer to the South Dakota Division of Banking: South Dakota Division of Banking 1714 Lincoln Ave, Suite 2, Pierre, South Dakota 57501; (605) 773-3421.
For WASHINGTON residents: Oral agreements or oral commitments to loan money, extend credit, or to forbear from enforcing repayment of a debt are not enforceable under Washington law.
For UTAH residents: As required by Utah law, You are hereby notified that a negative credit report reflecting on Your credit record may be submitted to a credit reporting agency if You fail to fulfill the terms of Your credit obligations. This Agreement is the final expression of the agreement between You and Bank and it may not be contradicted by evidence of an alleged oral agreement.
Married Wisconsin Residents: No provision of any marital property agreement, unilateral statement or court decree adversely affects our rights, unless You give us a copy of such agreement, statement or court order before we grant You credit, or we have actual knowledge of the adverse obligation. All obligations on this Account will be incurred in the interest of Your marriage or family. You understand that we may be required to give notice of this Account to Your spouse. Married Wisconsin residents must furnish the name and email address of their spouse to First Electronic Bank c/o Square Capital, LLC through Cash App Support, which is accessed by clicking on Your profile in Cash App and clicking “Support” and following the in-app prompts.
As applicable, Florida documentary stamp tax required by law in the amount of $0.35 for every $100 or fraction thereof of the indebtedness has been paid or will be paid directly to the Department of Revenue. Certificate of Registration No. 7880181947243.
Executed via Electronic Signature on the Execution Date, which is the date of Your Borrow loan as shown in Your Cash App activity feed.
Last updated: January 14, 2025