Cash App Afterpay Online Checkout Loan Agreement
Last updated: March 14, 2025
Agreement Terms
This Cash App Afterpay Loan Agreement (“Agreement”) includes the Final Payment Schedule that is sent after you complete your purchase with the merchant that will contain your actual down payment, payment amounts and due dates. The Final Payment Schedule will supersede and replace the Payment Schedule.
Use of the words “you” and “your” throughout this Agreement refer to the borrower listed, and the words “we,” “us,” and “our” refer to the Originator listed or its assignees. Cash App Afterpay Online Checkout allows a Cash App customer to pay over time at online checkout using their Cash App account. “Cash App” is a financial platform, which includes mobile applications, websites, software, cloud-based solutions, and other products and services, offered by Block, Inc. 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 Block, Inc., 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 entered into between you and Block, Inc. As a condition of the disbursement of proceeds hereunder you agree to make a down payment equal to a portion of the final purchase amount confirmed by the merchant identified which shall be due prior to disbursement of any proceeds described below.
PROMISE TO PAY: The Agreement governs your repayment to us in connection with funds we disbursed at your direction and on your behalf to an approved merchant to acquire certain merchandise or services that you have selected. You promise to pay the sum of your down payment and other payment amounts under this Agreement on the dates and according to the amounts displayed as “Down Payment” and “Remaining Payment Schedule” (together, your “Payment Schedule”), as it may be revised by the Final Payment Schedule including all taxes and fees charged by the merchant plus any Late Fees, until paid in full. You understand that the actual amounts and due dates of your “Down Payment” and the payments in your “Remaining Payment Schedule” will be provided to you electronically as a supplement to this Agreement (the “Final Payment Schedule.”)
THERE ARE NO FINANCE CHARGES AND NO INTEREST PAYMENTS ASSOCIATED WITH THIS AGREEMENT.
Please note that Section 10 of this Agreement includes provisions that govern how claims we may have against each other are resolved. These provisions limit our liability and may require arbitration for a dispute that you assert against us. The Agreement includes important terms regarding your rights related to fees, dispute resolution and governing law.
As a prerequisite to entering into this Agreement, you must have accepted the Cash App Terms of Service with Block, Inc. In the event of a conflict with the Cash App Terms of Service (available at https://cash.app/legal/us/en-us/tos) or Cash App Privacy Notice (available at: https://cash.app/legal/us/en-us/privacy) or Afterpay Privacy Notice (available at https://www.afterpay.com/en-us/privacy-policy), this Agreement shall govern with respect to the subject matter of such conflicting terms.
1. Use of Proceeds and Disbursement Authorization
By electronically accepting this Agreement and completing a purchase, you agree to pay the down payment amount to us, and we agree to disburse the proceeds under this Agreement to the merchant listed. You promise to repay us the amounts disclosed in your Final Payment Schedule provided to you electronically as part of this Agreement that will include any amounts added by you in addition to the purchase of goods and/or services. You also agree to pay any applicable Late Fees (as defined below) you incur under this Agreement. Please be aware that by entering this Agreement you are incurring a personal obligation for goods and/or services for personal use.
2. Installment Payments
When you accept this Agreement and complete a purchase, the method of payment (“Payment Method”) will be your Cash App Balance and/or the financial instrument(s) linked to your Cash App account (including, without limitation, the eligible debit card linked to your Cash App account). In addition to any required down payment, you must make either three (3) or four (4) payments to us (each, an “Installment Payment”) in the amounts shown under “Remaining Payment Schedule” in your Final Payment Schedule. You are responsible for ensuring that you have sufficient funds available to make Installment Payments on the dates specified in your Final Payment Schedule.
If you make all Installment Payments in full on their due dates, your final payment will be made on the Maturity Date identified in the Final Payment Schedule. You may prepay all amounts due under this Agreement in whole or in part at any time without a penalty and may make any payment early, in whole or in part, without penalty or premium at any time.
The Payment Method and any necessary authorization will not affect your obligation to pay when due all amounts payable under this Agreement. The foregoing authorization is in addition to, and not in limitation of, any rights of setoff we may have under applicable law.
3. Late Payments
There are no finance charges or interest associated with this Agreement. However, if an Installment Payment is not paid on or prior to the due date specified in the Final Payment Schedule and remains unpaid for a period of ten (10) days after the due date (or such additional grace period required by applicable law), the late fee indicated in the Final Payment Schedule (if any) (“Late Fee”) will be imposed, up to a maximum of $8.00 and which in no event will exceed the maximum late fee permitted by applicable state law. Additionally, the aggregate sum of Late Fees associated with a particular order will not exceed 25% of the order value at the time of purchase. Thus, lower value purchases may be subject to fewer or lesser Late Fees in the event of late payment. You agree to pay all Late Fees as well as any applicable taxes.
4. Delinquency and Default
If you fail to make any payment when due in the manner required by this Agreement, you will be delinquent. If you are delinquent, have filed or have instituted against you bankruptcy or insolvency proceedings or are in breach any other material term of this Agreement, we may, to the extent and at the time permitted by applicable law, deem you in default and accelerate the maturity of this Agreement and all payments due hereunder. If you fail to make a payment required under this Agreement, we reserve the right to limit, restrict, suspend or terminate your access to your Cash App account.
5. Approval and Cancellation
All applications for credit are subject to our approval. We may, in our sole discretion, not approve your application, or cancel an approved application before the goods or services are delivered or supplied. If we cancel your previously approved application:
(a) We will apply a full refund of any amounts you have paid (excluding any chargebacks or fees incurred in relation to your payment), and will cancel any future payments related to that order;
(b) The merchant providing the merchandise will not be obliged to deliver the goods (or provide any related services); and
(c) You will have no obligation to make any further payments to us, or continue any other ongoing relationship with us, with respect to your application.
You agree that we may make any inquiries to assess your eligibility to use the services including of third parties. This includes consent for us to obtain one or more credit reports or other consumer reports from consumer reporting agencies for use in determining your eligibility for a Cash App Afterpay loan, reviewing and servicing your Cash App account, marketing products or services to you, and for other permissible purposes under the Fair Credit Reporting Act.
6. Merchandise Refunds and Other Adjustments Subsequent to Disbursement of Funds
Processing refunds and any merchandise exchanges or modifications are subject to the discretion of the merchant to whom you directed us to disburse funds under this Agreement. We are unable to override merchant return, refund and exchange policies. If you decide to return goods acquired using funds we have disbursed under this Agreement and request a refund, or a return and refund are otherwise accepted or permitted by law, you will remain obligated to make all payments still outstanding under this Agreement when due. However, for any amounts that a merchant returns directly to us in connection with such returned or exchanged merchandise, we shall retain such amounts and reflect an equivalent credit to reduce your outstanding obligation to us under this Agreement or, where applicable, refund to you any amounts already paid. In the event of a partial refund, the credit will be applied against your last payment first. If, for any reason, we are unable to apply a refund to the order to which it corresponds, we may in our discretion apply the refund to your Payment Method. You will remain obligated to make payments still outstanding when due.
7. Transfers or Assignments
We may transfer, assign or sell this Agreement, and any rights under this Agreement, to a third party without your consent. You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent. You hereby waive demand, notice of non-payment, protest and all other notices or demands whatsoever, and hereby consent that without notice to and without releasing the liability of any party, the obligations evidenced by this Agreement may from time to time, in whole or part, be renewed, extended, modified, accelerated, compromised, settled, canceled or released by us.
You agree that we, on your behalf as agent, will maintain a register in order to record the amount of your loan balance and the current or future owner of your loan (including any assignee, participant or transferee, if any, who becomes the subsequent owner of any portion of your loan balance) (the “Register”). The parties agree that the entity whose name is recorded in the Register as the current owner of your loan balance is treated as the owner of your loan balance. The Register must be updated for any transfer of ownership of your loan balance to occur and be effective.
8. Complaints
If you have a complaint with us arising out of or related to this Agreement, you should contact Cash App Support, which is accessed by clicking on Your profile in Cash App and clicking “Support” and following the in-app prompts. If you have a complaint arising out of the delivery or quality of the goods you have purchased, you should contact the merchant using the details posted on the merchant's website. We may request additional documentation from you to assist us in resolving any complaints, and, subject to applicable law, you must provide all reasonable assistance to us to facilitate us in resolving all complaints.
9. What To Do If You Find A Mistake On Your Cash App Afterpay Statement
If you think there is an error on your statement, or if you have questions about your account, you can:
Contact us through your Cash App account in the app. Please contact us as soon as possible after the error appeared on your statement. You must contact us within 120 days after the error appears on your statement. In order for us to investigate your claim, you will need to provide:
Account information: Your name and account number.
Dollar amount: The dollar amount of the suspected error.
Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
While we investigate whether or not there has been an error, the following are true:
We cannot try to collect the amount in question, or report you as delinquent on that amount.
The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Cash App Afterpay Purchases
If you are dissatisfied with the goods or services that you have purchased with Cash App Afterpay, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these is necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
You must have used Cash App Afterpay for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.
You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or electronically as described above in the section called “What To Do If You Find a Mistake On Your Cash App Afterpay Statement.”
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent.
10.Arbitration Agreement
(a) THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER. THEY AFFECT EACH PARTY’S RIGHTS CONCERNING THE RESOLUTION OF ANY DISPUTE (DEFINED BELOW) BETWEEN THE PARTIES. This section (this “arbitration agreement”) applies to general disputes (“Disputes”) between you and us, defined as any claim, controversy, or dispute between you and us, our 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 us that occurred before the effective date of this Agreement, including any claims relating in any way to this Agreement, or any other aspect of our relationship.
(b) You and we agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be individually arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, MASS 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 US. Nothing in this Agreement prevents you or us from settling Disputes on a class, representative, or consolidated basis. If any term of this arbitration agreement in Section 10 is found unenforceable, including the Bellwether Arbitration procedures described below, the unenforceable term will be severed, and the remaining terms will be enforced (but in no case will there be a class action, consolidated action, mass action or representative action arbitration).
(c) Before an arbitration is commenced, you and we 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 you and we recognize that this is an important requirement, and that breach of this requirement would be a material breach of this Agreement. To provide this opportunity, before commencing any arbitration, proceeding in small claims court, or lawsuit (when permitted by this arbitration agreement), each party agrees to send to the other party a written Notice (“Notice”) and personally meet and confer to informally resolve any Dispute. Any Notice to the Company should be sent by mail to Block Inc. 1955 Broadway, Suite 600, Oakland, CA 94612, Attention: Arbitration Agreement. Any Notice sent to you will be mailed to the address on file for your account. The Notice must: (i) include your name, mailing address, email address and phone number associated with your account; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; (iii) set forth the specific relief sought, including an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages; and (iv) be personally signed by you or us, as applicable. A Notice is only valid when it pertains to, and is on behalf of, an individual party. A Notice brought on behalf of multiple parties is invalid as to all. Both you and we agree that we will attempt to resolve a Dispute through an informal negotiation within sixty (60) days from the date the Notice is received, and you and we therefore agree that, before either you or we demands or attempts to commence arbitration or litigation (where permitted) against the other, both parties will personally meet and confer, via telephone or videoconference, with each other in a good-faith effort to resolve informally any Dispute. These informal resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration or litigation (where permitted); multiple parties initiating claims cannot participate in the same informal resolution conference, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. Engaging in an informal resolution conference is a requirement that must be fulfilled before commencing arbitration or litigation (where permitted). Any statute of limitations shall be tolled while the parties engage in the informal resolution process required by this paragraph.
(d) After that sixty (60) day period and not before, and after the informal resolution conference has occurred and not before, either party may elect, in a written Notice to the other party as described above, that it will pursue the matter either through small claims court or arbitration. The party receiving the notice shall then have seven (7) days to respond, including to elect for the case to be heard by a small claims court with jurisdiction. After that seven (7) day period and not before, either party may commence arbitration if not proceeding in small claims court with jurisdiction. You agree that compliance with the informal resolution process described above is a condition precedent to commencing arbitration or filing a claim in small claims court. A party’s failure to satisfy this condition precedent entitles the opposing party to seek immediate dismissal of the arbitration or litigation (where permitted) and the right to seek reimbursement of its costs. If either party elects small claims court, the Dispute will be resolved in that forum and not through arbitration. Each party agrees that state courts in the City of Oakland and County of Alameda, California, or federal court for the Northern District of California, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph. Each party also agrees that state courts in the City of Oakland and County of Alameda, California, or federal court for the Northern District of California may address whether a claim filed in small claims court or in arbitration has been previously released.
(e) Scope of Arbitration. If we and you are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by National Arbitration and Mediation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules and Procedures and, when applicable, the NAM Supplemental Rules for Mass Arbitration Filings (together, the “NAM Rules”), and this Section. In the event NAM is unavailable to administer the arbitration, either party may invoke 9 U.S.C. § 5 to request that a court appoint the Arbitrator. Except as set forth above, and for Disputes subject to jurisdiction in small claims court, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Cash App Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
(f) Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the arbitration provider but before an Arbitrator has been selected, and the claim is subject to the jurisdiction of the filing party’s local small claims court, the other party can send a written notice to the opposing party and the arbitration provider requesting that the Dispute be decided in small claims court. Upon receipt of such notice, and if all outstanding arbitration service fees have been paid, the arbitration provider shall then administratively close the case.
(g) Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. So long as it is consistent with the NAM Rules, the arbitration shall occur through the submission of documents to one Arbitrator. To the extent the Arbitrator determines a hearing is required, the arbitration shall be conducted remotely by telephone or video conference. To the extent that the Arbitrator determines that an in-person hearing is required, the arbitration hearing will take place as close to your hometown as practicable. You and the Company will have the right to file early or summary dispositive motions. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. We value your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an Arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect with respect to disputes involving other parties.
(h) Court Proceedings. Subject to and without waiver of the arbitration agreement 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 the federal court for the Northern District of California. The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any suit to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; (2) any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed; or (3) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Aforementioned Disputes shall be brought in Alameda County, California unless the parties agree otherwise. In addition, either party may assert claims, if they qualify, in small claims court in any United States county where you live or work.
(i) Bellwether Arbitration Procedures. You and we agree that if twenty-five (25) or more similar individual arbitration demands are brought against you or us by or with the assistance of the same or coordinated counsel or entities (“Mass Proceeding”), the parties shall select twelve (12) individual arbitration demands (six (6) per side) for arbitration to proceed (“Bellwether Arbitrations”). The NAM Supplemental Rules for Mass Arbitration Filings shall apply if the parties’ dispute is deemed by NAM, in its sole discretion pursuant to the NAM Rules and this Section 10, to be part of a Mass Proceeding. While the Bellwether Arbitrations are adjudicated, all other demands for arbitration that are part of the Mass Proceeding shall be held in abeyance and stayed, and no party shall be responsible for paying any administrator or arbitrator fees (other than the arbitration provider’s initial filing/administrative fees, and Procedural Arbitrator fees, if applicable) with respect to such stayed demands while the Bellwether Arbitrations are adjudicated. Any applicable statute of limitations shall be tolled as to non-Bellwether Arbitrations demands when such non-Bellwether Arbitrations are held in abeyance. The tolling period will begin when the claimant first provided the Notice of its intent to initiate an informal resolution conference as described above.
(j) Any party may request, within five (5) business days of being notified by the arbitration provider that arbitration demand(s) have been filed, that the arbitration provider appoint a sole procedural arbitrator (“Procedural Arbitrator”) to determine initial questions that arise in the Bellwether Arbitrations, including whether the Bellwether Arbitration procedures are applicable or enforceable, whether any particular demand is part of a Mass Proceeding, and whether any particular demand within a Mass Proceeding was filed in accordance with this Section 10. To expedite the Procedural Arbitrator’s resolution of any such initial questions, the parties agree that the Procedural Arbitrator may set forth such procedures as are necessary to resolve any such initial questions promptly. The Company shall pay the Procedural Arbitrator’s costs.
(k) All parties agree that the Bellwether Arbitration procedures are designed to be a generally faster, more efficient, and more affordable mechanism for resolving a Mass Proceeding, including the claims of individual parties who are not selected for a Bellwether Arbitration. All parties shall work in good faith with the Arbitrator or Procedural Arbitrator to complete each Bellwether Arbitration within one hundred and twenty (120) calendar days of its initial pre-hearing conference.
(l) Following resolution of the Bellwether Arbitrations, all parties agree to engage in a mediation of all remaining arbitration demands comprising the Mass Proceeding (the “Bellwether Mediation”). The Bellwether Mediation shall be administered by the arbitration provider. If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Proceeding within thirty (30) calendar days following the Bellwether Mediation, the remaining demands for arbitration comprising the Mass Proceeding shall be administered by the arbitration provider on an individual basis pursuant to the arbitration provider’s rules and this Section 10, unless the parties mutually agree otherwise in writing.
(m) All parties agree to cooperate in good faith with the arbitration provider to implement the Bellwether Arbitration procedures, including deferring any costs associated with the non-Bellwether Arbitration Mass Proceedings until the Bellwether Arbitrations and subsequent Bellwether Mediation have concluded, and cooperate on any steps to minimize the time and costs of arbitration, which may include the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes and the adoption of an expedited calendar of the arbitration proceedings.
These Bellwether Arbitration procedures shall in no way be interpreted as authorizing a class, collective, or mass action of any kind, or an arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this Section 10.
(n) Arbitration Fees. In accordance with the NAM Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. For purposes of this arbitration agreement, references to you and Afterpay US Services, LLC also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.
(o) Opt Out. You may reject this arbitration agreement, in which case only a court may be used to resolve any Dispute. To reject this agreement, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days of the transaction that is the subject of this Agreement. The Opt Out must be mailed to Block, Inc., Attn: Arbitration Agreement, 1955 Broadway, Suite 600, Oakland, 94612 (please note that any correspondence not related to opting out sent to this address will not receive a reply). For your convenience, we are providing an opt out notice form you must fill in to Opt Out. You must complete this form by providing your name, address, $Cashtag, phone number and the email address(es) you used to sign up for and use the Cash App Services. This is the only way of opting out of this arbitration agreement. Opting out will not affect any other aspect of this Agreement, will not affect the Cash App Terms or any other agreement with the Originator or Cash App, and will have no effect on any future agreements you may reach to arbitrate with the Originator or Cash App. An Opt Out that purports to opt out multiple parties will be invalid as to all such parties. No individual party (or their agent, representative, or group of agents or representatives) may effectuate an Opt Out on behalf of other individual parties.
11. Applicable Law and Jurisdiction
Except as expressly provided in Section 10 above, this Agreement shall be governed by, and will be construed under, the laws of California without regard to choice of law principles.
12. No Warranties; Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THE AGREEMENT MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE OR LOCAL TAX LIABILITY. You agree that if any lawsuit or court proceeding is permitted under this Agreement, the aggregate liability of us, our subsidiaries, partners, and affiliates, Afterpay US, Inc., Block, Inc. its subsidiaries, partners, and affiliates, to you for all claims arising out of or related to this Agreement or your use or inability to use your Cash App account will not (other than as may be required by applicable law in cases involving personal injury) exceed the greater of: (a) the amount of any affected order(s) giving rise to such damages, or (b) the amount of five hundred U.S. dollars ($500.00). These limitations will apply even if the above stated remedy fails of its essential purpose.
13. Express Written Consent to Receive Short Message Service (“SMS”) Communications & Email Communications and Marketing
(a) Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to this Agreement, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you at any time of day and in any way, including SMS and text messages, emails, mobile app notifications calls using pre recorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You also expressly consent to the receipt of electronic communications from the merchant, Afterpay, Cash App or any third party, that is engaged by Afterpay or Cash App to collect any amount owed under this Agreement.
(b) You consent to receive SMS and text messages, calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, this Agreement and/or your Cash App account. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.
(c) By signing this Agreement, you are providing express written consent to receive SMS and text messages to each telephone number provided by you to us regarding this Agreement and your Cash App account. You agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.
(d) If you wish to withdraw your consent to have communications provided via SMS, you may opt-out of receiving SMS from us at any time by replying STOP to stop (or cancel) or HELP for help. Upon receipt of your message, we will process the request and it will be effective only after we have a reasonable period of time to process your request. If you fail to provide or if you withdraw your consent to receive SMS communications as set forth in this section, Cash App reserves the right to restrict, deactivate or close your Cash App account and you agree that you may be prevented from using certain features of your Cash App account.
(e) You agree that we may send you marketing communications to the email address you have provided including but not limited to targeted offers, introduction of new features, or other special announcements. You may opt out of these marketing communications at any time by using the “unsubscribe” link within a marketing email.
14. Miscellaneous
This Agreement is effective until all amounts due under the Agreement are paid in full or otherwise canceled or refunded. If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement. This Agreement, including all documents incorporated by reference, constitutes and contains the entire agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous oral or written agreements.
15. State Specific Disclosures
For California customers:
This agreement is made pursuant to a California Finance Lenders Law license, #60DBO-99995. FOR INFORMATION CONTACT THE DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION, STATE OF CALIFORNIA. As required by California law, Borrower is hereby notified that a negative credit report reflecting on Borrower’s credit record may be submitted to a credit reporting agency if Borrower fails to fulfill the terms of Borrower’s credit obligations. A married applicant may apply for a separate account. If Originator takes any adverse action as defined by § 1785.3 of the California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, Borrower has the right to obtain within 60 days a free copy of Borrower’s consumer credit report from the consumer reporting agency who furnished the consumer credit report and from any other consumer credit reporting agency that compiles and maintains files on consumers on a nationwide basis. Please note that for California consumers, other than a down payment, the first payment due hereunder will not be due for a minimum of 15 days after your purchase.
For Georgia customers:
NOTICE TO CONSUMER
1. Do not sign this agreement if it contains any blank spaces.
2. You are entitled to an exact copy of all papers you signed.
3. You have the right at any time to pay in advance the full amount due under this agreement and under certain conditions to obtain a partial refund of the interest charges.
4. If credit life insurance is required, you have the right to purchase either level term life insurance or reducing term life insurance coverage.
5. You are not required to purchase noncredit insurance as a condition of obtaining this loan.
Ga. Comp. R. & Regs. 80-14-5-.01
For Kansas customers:
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 Maryland customers:
This loan is made pursuant to the Credit Grantor Closed-end Credit Provisions of Title 12, Subtitle 1 of the Maryland Commercial Law Article (Md. Code Ann., Com. Law § 12-1001 et seq.).
For North Dakota customers:
NOTICE: MONEY BROKERS ARE LICENSED AND REGULATED BY THE DEPARTMENT OF FINANCIAL INSTITUTIONS, 2000 SCHAFER STREET, SUITE G, BISMARCK, NORTH DAKOTA 58501-1204. THE DEPARTMENT OF FINANCIAL INSTITUTIONS HAS NOT PASSED ON THE MERITS OF THE CONTRACT AND LICENSING DOES NOT CONSTITUTE AN APPROVAL OF THE TERMS OR OF THE BROKER'S ABILITY TO ARRANGE ANY LOAN. COMPLAINTS REGARDING THE SERVICES OF MONEY BROKERS SHOULD BE DIRECTED TO THE DEPARTMENT OF FINANCIAL INSTITUTIONS.
For Oklahoma customers:
You should refer to the relevant sections of this Agreement for information about nonpayment, default, the right to accelerate the maturity of this Agreement, prepayment and penalties.
For South Dakota customers:
If there are any improprieties in the making of this loan or in any loan practices, please refer to the South Dakota Division of Banking: South Dakota Division of Banking 1714 Lincoln Avenue, Suite 2, Pierre, South Dakota 57501; (605) 773-3421.
For Rhode Island customer:
No late fees shall apply to Rhode Island state residents.
Pursuant to RI Gen L § 19-14.2-13, every licensee who is the holder of any small loan note shall deliver to the borrower, at the time any small loan is made, a statement of the law regarding interest rate and term limitations, in plain English, showing in clear and distinct terms the amount and date of the loan and of its maturity, the nature of the security, if any, for the loan, the name and address of the borrower and of the licensee, and the agreed rate of interest. You should refer to the relevant sections of this Agreement and your Final Payment schedule for this information.
NOTE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.