Cash App Investing Customer Account Agreement
Last Updated: November 6, 2024
This Cash App Investing Customer Account Agreement (the “Agreement”) contains the terms and conditions related to your brokerage account with Cash App Investing LLC, an SEC-registered broker-dealer, member FINRA/SIPC (“Cash App Investing”, “we”, or “our”, or “us”) and your use of the Cash App to research and transact in securities (the “Service”). Cash App Investing is an affiliate of Block, Inc., formerly known as Square, Inc., (“the Company”).
“Cash App Investing Terms” means: all disclosures and documents posted in our Disclosure Library and any attachments thereto, any terms contained in your Investing Account statements and confirmations, the E-Sign Consent and the Cash App Terms of Service (“Cash App Terms”).
By using the Service you agree that you have carefully read, understood and accepted the terms and conditions of the Cash App Investing Terms, that such action is the legal equivalent of manually signing the Cash App Investing Terms and that you will be legally bound by their terms and conditions. It is your responsibility to check for updates to the Cash App Investing Terms and you agree to be bound by the Cash App Investing Terms as they are in effect at the time of your use.
You acknowledge the receipt of all regulatory notices and disclosures required by law, including all items provided in the Disclosure Library and our Privacy Notice.
This Agreement contains a predispute arbitration clause below.
Securities products are: Not FDIC insured · Not bank guaranteed · May lose value
Amendments to this Agreement
We may change the terms of this Agreement from time to time and at any time, with notice that we deem to be reasonable under the circumstances, by posting the revised version to our website or communicating it to you through the Service. All such changes to this Agreement will appear on https://cash.app and will be accessible via the Cash App. You agree that by continuing to maintain your Investing Account (as defined below) with Cash App Investing after any revision to the terms of this Agreement, you are accepting the terms of the revised Agreement and will be legally bound by its terms and conditions.
Your Investing Account
Investing Account Overview. “Investing Account” means the brokerage account created by you with Cash App Investing, subject to this Agreement. Your Investing Account is separate from your Cash App Account. Brokerage services for your Investing Account are provided by Cash App Investing, via the Cash App, which also provides access to other non-brokerage Cash App services. Cash App Investing is a wholly-owned subsidiary of the Company. The Company is not a registered broker-dealer. Cash App Investing and the Company are separate but affiliated companies. The Service is being provided for your personal, non-commercial, non-professional use subject to all terms and conditions specified in this Agreement, and any additional terms and disclosures that may be published from time to time by Cash App Investing or its affiliates. With the exception of Family Investing Accounts, as defined below in the Section of the Agreement entitled “Family Investing Accounts,” you are permitted to have one Investing Account. If you open multiple Investing Accounts, we may close some or all of your Investing Accounts, consolidate the assets held in your Investing Accounts into one Investing Account, or take any other action with respect to your Investing Accounts and access to the Service permissible under the terms of the Agreement and applicable law.
U.S Residents Only. Investing Accounts may only be opened by U.S. residents with a valid social security number. Cash App Investing does not open or maintain Investing Accounts for residents of foreign countries. Non-U.S. citizens with a social security number who are legally residing in the U.S. may open an Investing Account. Cash App Investing does not represent that materials accessible through the Cash App are appropriate or available for use outside of the U.S.
Compliance with Applicable Law. Your Investing Account and any transactions conducted using your Investing Account are subject to applicable federal, state, and local securities laws and regulations, the rules of any self-regulatory organization of which Cash App Investing is a member and the rules, regulations, customs and usages of the exchange, market, or clearing house, if any, where the transactions are executed. Cash App Investing is not obligated to effect any transaction or open or maintain any account if we believe doing so would violate any applicable law, regulation, or rule.
Customer Identification Program Notice
We are required by law to obtain, verify and record information that identifies each person who opens an Investing Account. When you open an Investing Account, we will request, and you must provide certain information, including your name, address, date of birth, employment status, and other identifying information (“Account Information”). Opening an Investing Account is your option and you may choose to not open an Investing Account if you do not wish to provide Account Information or other identifying documents. You may also be asked to provide copies of your driver’s license, passport or other identifying documents. You represent that all Account Information is accurate, complete, and current. You must provide prompt notification to us of any changes to the Account Information.
We may take steps to independently verify the accuracy of the Account Information, including through the use of third-party vendors or third-party consumer reports. You will cooperate fully with any follow-up requests for information that we may make. We may restrict access to your Investing Account pending such verification.
Cash App Investing may refuse to open any Investing Account at any time for any reason, in our sole discretion. We may also require you to close your Investing Account at any time for any reason, in our sole discretion.
Representations and Warranties
You represent and warrant to us that the following are true:
All information provided by you to us from time to time, including Account Information, is accurate, true and complete.
You are the only person with any interest in the Investing Account and the Investing Account is solely for your benefit and not the benefit of others.
You are of legal age under the laws of the state where you reside and are authorized to enter into this Agreement.
Neither you, nor any member of your immediate family, is an employee of (i) any exchange, (ii) any corporation of which any exchange owns a majority of the capital stock, (iii) a member of any exchange or self-regulatory organization, (iv) a member of any firm or member corporation registered on any exchange, (v) a bank, trust company, insurance company or any corporation, firm or individual engaged in the business of dealing either as a broker-dealer or as principal in securities.
Neither you, nor any member of your immediate family, is an associated person of a broker-dealer.
Neither you, nor any member of your immediate family, is an officer, director or 10% stockholder of any publicly traded company.
You are not a Securities Professional (as defined below).
You are not a “politically exposed person” or otherwise on any restricted list under applicable Office of Foreign Assets Control rules and regulations.
Data and Information We Provide
We may provide you data and information via the Service regarding securities, including Market Data (as defined below), stock quotes, historical price data, index, company, and market information, news articles, and any information that derives from such information (“Provided Information”). Provided Information may be made available by third party sources, including the New York Stock Exchange (NYSE), NASDAQ, or other U.S.-registered national securities exchanges and national securities associations (“Data Providers”).
Provided Information is for informational purposes only. Price quotes may be delayed fifteen (15) minutes or longer. Neither we nor the Data Providers guarantee the timeliness, accuracy, completeness, reliability, or content of Provided Information or of other market information or messages disseminated to or by any party. Neither we nor any Data Provider warrants that the Provided Information provided by any such entity will be uninterrupted or error-free. We or any Data Provider, in our or their sole discretion and without notice, may suspend or stop providing any category of Provided Information.
Prohibited Uses of Your Investing Account
You may not use your Investing Account for any of the following uses, which may result in the suspension, termination, or closure of your Investing Account: (i) any use in violation of applicable federal, state, or local law or regulation or the rules or regulations of any self-regulatory organization (such as FINRA), or (ii) investing on behalf of a company, corporation, or other entity.
Privacy Notice
We are committed to protecting your privacy and security. Please refer to our Privacy Notice for more information on how we collect, use, and share information from you and your Investing Account.
Carrying Broker
Cash App Investing arranges for clearing, execution, settlement, and custodying for your Investing Account with DriveWealth, LLC (the “Carrying Broker”). To open an Investing Account, you must also open an account with the Carrying Broker and agree to any separate terms and conditions required by the Carrying Broker. For important disclosures regarding your Investing Account provided by the Carrying Broker, please see here: https://legal.drivewealth.com/.
Cash App Investing will introduce your Investing Account to the Carrying Broker, who will clear and settle all transactions for your Investing Account on a fully-disclosed basis. The Carrying Broker holds your Investing Account and is responsible for the clearance, settlement and maintenance of books and records related to all transactions for your Investing Account, including the delivery of all trade confirmations and Investing Account statements to you.
You agree that the Carrying Broker may accept from us, without inquiry or investigation, (i) orders for the purchase or sale of securities, (ii) instructions regarding the transmission or receipt of funds to and from your Cash App Balance (as defined in the Cash App Terms), and (iii) any other instructions concerning your Investing Account. The Carrying Broker will look solely to us unless otherwise directed by us, and not to you, with respect to any such orders or instructions; except that the Carrying Broker will deliver confirmations, statements, and all written or other notices with respect to your Investing Account directly to you. The Carrying Broker holds all assets in your Investing Account on its own books. If you want to learn more about how your assets are being held, you may contact us or the Carrying Broker directly.
Trading
Appointment and Authorization. Investing Accounts are solely self-directed brokerage Investing Accounts. You appoint Cash App Investing as your agent for the purpose of carrying out any instructions submitted for your Investing Account. Cash App Investing may rely on any instructions for actions taken with respect to your Investing Account that we believe are authorized, regardless of how those instructions have been transmitted to us. You authorize us to instruct the Company and the Carrying Broker on your behalf to transmit or receive funds into your Cash App Balance as necessary in connection with any instructions you give us.
Orders. You authorize us to place, withdraw, or modify orders in accordance with the instructions submitted to us through your Investing Account, or take any other such actions as we deem reasonable to carry out those instructions. You are solely responsible for orders placed through your Investing Account. Granting access to your Investing Account or ability to submit instructions to us to any third party is done solely at your own risk. You understand and acknowledge that when you place orders through us, those orders may be sent directly to a market center without being viewed by any Cash App Investing or Carrying Broker representative. Due to many factors, including changing market conditions or technical or operational limitations, we cannot guarantee that orders will be placed, withdrawn, or modified as instructed.
Order Type. CAI treats all orders as “not held.” For information regarding how your order is marked for execution purposes by the Carrying Broker and the resulting implications to you, please refer to the Carrying Broker’s trading disclosures, available at: https://legal.drivewealth.com/fractional-shares-disclosure.
Modification or Cancellation of Orders. Once you have placed an order, there is no guarantee that Cash App Investing will be able to complete any subsequent request to cancel or modify that order. Cash App Investing is not liable to you if any request to cancel or modify an order is not completed as requested.
Securities Offered. You understand that Cash App Investing may, for any reason and at any time in its sole discretion, change the list of securities available for purchase or sale through the Cash App without any prior notice to you. You understand that in the event a security held in your Investing Account is no longer offered through the Cash App, you may need to liquidate and/or transfer your holdings in such security.
Purchases. It is your obligation to pay for all securities ordered for purchase by your Investing Account in full immediately or on demand. When you place an order to purchase securities with us you authorize and direct us to instruct the Company, on your behalf, to send funds necessary to settle such order from your Cash App Balance to the Carrying Broker. We may, in our discretion, require full payment in cleared funds prior to accepting any order. If you do not have sufficient funds in your Cash App Balance to pay for any order to purchase securities, such order may be rejected. If you do not provide sufficient funds to cover a purchase of securities, we may, in our sole discretion and without notice to you, (i) pull funds from any Eligible Transaction Account (as defined in the Cash App Terms); (ii) liquidate any assets in your Investing Account or your Carrying Broker account to cover the purchase price of such securities; or (iii) partially or fully restrict trading in your Investing Account or your Carrying Broker account until you provide sufficient funds.
Auto-Invest. You may be able to set recurring orders for stock through the Auto-Invest feature (a “Recurring Order”). If you set up a Recurring Order, you authorize and instruct Cash App Investing to place an order for such stock in the amount you instruct on the periodic interval you instruct (e.g. daily, weekly, bi-weekly). Recurring Orders will be placed as orders on the applicable day and will be executed as if you had placed the order manually at that time. Recurring Orders will only be placed by Cash App Investing during market hours; however, Recurring Orders may not necessarily occur at the same time on each day of the selected periodic interval. If a scheduled Recurring Order is set to occur on a non-market day it will be placed on the next available market open day. The price per share may have changed from when you set the Recurring Order and the price per share may vary for each Recurring Order. We will send a trade confirmation following the execution of each Recurring Order but you may not receive prior notification of Recurring Orders before they occur. Cash App Investing may set minimum transaction requirements for Recurring Orders. You may cancel Recurring Orders at any time, but cancellations must be submitted at least one day prior in order to ensure cancellation of the next Recurring Order. Recurring Orders will continue until canceled by you or Cash App Investing. Cash App Investing may cancel or modify any Recurring Order for any reason in its sole discretion. If you do not have sufficient funds available for any Recurring Order, we may make additional attempts to pull funds, wait to retry on the next scheduled Recurring Order, or cancel the Recurring Order altogether. Each Recurring Order is a separate self-directed order instructed and authorized by you; Cash App Investing does not exercise any discretion or investment authority over Recurring Orders. In the event a Recurring Order is canceled or rejected by Cash App Investing, the Carrying Broker-Dealer, or a market center, you direct Cash App Investing to place the order again on your behalf. It is your responsibility to follow any corporate actions that could impact any Recurring Order.
Round-Ups. You may be able to set recurring orders for stock each time you use your Cash App Card through the Round Ups feature (a “Round Up”). If you set up and enable Round Ups, you authorize and instruct Cash App Investing to debit your Cash App balance for the Round Up amount and place an order for the stock you selected. The amount of each Round Up will be determined by “rounding up” your Cash App Card purchase to the next whole dollar amount when the Cash App Card transaction settles and placing an order in that amount for your pre-selected stock. For example, if you authorize a Cash App Card purchase of $9.01, $0.99 will be the Round Up amount invested in your pre-selected stock. Cash App Card transaction settlement times may vary and the transaction amount may also change (for example, if you add a tip). When a Cash App Card purchase settles during market hours, Round Up orders will be placed as standard orders at that time. Round Up orders for Cash App Card transactions that settle outside of market hours will be aggregated and placed as one cumulative order on the next available trading day at market open. As a standard one-time order, the price per share may have changed from when you set up and enabled the Round Ups, and the price per share may vary for each Round Up. We will send a trade confirmation following the execution of each Round Up so you may not receive prior notification of the Round Up before it occurs. You may view your trade confirmations by accessing the Round Ups activity page. Cash App Investing may set minimum transaction requirements for Round Ups. You may disable Round Ups or change your stock selection at any time, but we may be unable to stop pending Round Ups. Cash App Investing may cancel or modify any Round Up for any reason in its sole discretion. If you do not have sufficient funds available for any Round Up, we may make additional attempts to pull funds, wait to retry on your next Round Up, or cancel the Round Up altogether. Each Round Up order is a separate self-directed order instructed and authorized by you; Cash App Investing does not exercise any discretion or investment authority over Round Ups. It is your responsibility to follow any corporate actions that could impact any Round Ups. In the event a Round Up securities purchase order is canceled or rejected by Cash App Investing, the Carrying Broker-Dealer, or a market center, you direct Cash App Investing to place the order again on your behalf. In the event that a Round Up is made as a result of an unauthorized Cash App Card transaction, you may submit a dispute to correct the Round Up by contacting Cash App Support.
Invest Your Paycheck. You may be able to set a recurring order for stock each time your paycheck is deposited directly in your Cash App balance (“Invest Your Paycheck”). If you set up and enable Invest Your Paycheck, you will authorize and instruct Cash App Investing to debit your Cash App balance a dollar amount equal to a percentage of any paycheck you subsequently have deposited directly in your Cash App balance and to place an order for the stock of your choosing in that dollar amount (“Paycheck Order”). When a paycheck direct deposit settles during market hours, a Paycheck Order will be placed as a standard order at that time. When a paycheck direct deposit settles outside of market hours, a Paycheck Order will be placed on the next available trading day at or after market open. We will send a trade confirmation following the execution of each Paycheck Order; so you may not receive prior notification of the Paycheck Order before it occurs. Cash App Investing may set minimum transaction requirements for Invest Your Paycheck. You may disable Invest Your Paycheck or change your stock selection at any time, but we may be unable to stop pending Paycheck Orders. Cash App Investing may cancel or modify any Paycheck Order for any reason in its sole discretion. If you do not have sufficient funds available for any Paycheck Order, we will not place the Paycheck Order. Each Paycheck Order is a separate self-directed order instructed and authorized by you; Cash App Investing does not exercise any discretion or investment authority over Paycheck Orders. It is your responsibility to follow any corporate actions that could impact any Paycheck Orders. In the event a Paycheck Order is canceled or rejected by Cash App Investing, the Carrying Broker-Dealer, or a market center, you direct Cash App Investing to place the order again on your behalf.
Dividend Reinvestment Program. If you choose to enroll in the Dividend Reinvestment Program (the “DRIP), you are choosing to reinvest Dividends (defined below) paid to you from all Eligible Securities (defined below) that you own; you do not need to select individual securities for the DRIP. The Carrying Broker-Dealer will reinvest Dividends paid on such Eligible Securities provided that (1) you own an Eligible Security prior to the record date for determining shareholders eligible to receive Dividends and (2) you continue to hold the Eligible Security through the date upon which the Dividend is paid. By voluntarily participating in the DRIP, you acknowledge that you have read and agree to these terms. “Eligible Securities” are those securities for which Cash App Investing and the Carrying Broker-Dealer, in their sole discretion, make automatic reinvestment of dividends under the DRIP available. Cash App Investing and/or the Carrying Broker-Dealer may determine to make a security an Eligible Security or to remove an Eligible Security’s eligibility for the DRIP at any time, in their sole discretion, and without prior notice to you. “Dividends” may include cash distributions such as regular and optional dividends, cash-in-lieu payments, and capital gain distributions, and will be reinvested in the applicable Eligible Securities as part of the DRIP. Special dividends, liquidations, late ex-date, and miscellaneous payments may not be eligible distributions for reinvestment. By participating in the DRIP, you authorize the Carrying Broker-Dealer to reinvest the Dividends of an Eligible Security on your behalf by submitting a market order to purchase that same Eligible Security on the trading day following receipt of the Dividend. You understand that you will not have use of the funds prior to reinvestment, as they will be segregated for that purpose. The Carrying Broker-Dealer will combine the Dividends in your account with those from other customers in the DRIP for reinvestment in the same security, using the combined funds to purchase securities on your behalf and on behalf of the other customers. Your account will be created with that number of shares, including fractional shares, equal to your Dividends divided by the purchase price per share once the reinvestment is complete. There may be a rare instance in which the Carrying Broker-Dealer is unable to reinvest all Dividends on the next trading day. In such a case, the Carrying Broker-Dealer will reinvest the funds as soon as reasonably possible. Your participation in the DRIP may result in your ownership of fractional shares of an Eligible Security. As discussed elsewhere in this Agreement, fractional shares and fractional trading present unique risks and certain limitations. Fractional shares also may have different rights from full share interests in the same Eligible Security. Your enrollment in the DRIP will take effect prior to the next Dividend payment provided Cash App Investing receives your instruction regarding your participation at least three (3) trading days prior to the payment date of that Dividend payment. Your participation in the DRIP is voluntary, and you understand that neither Cash App Investing nor the Carrying Broker-Dealer has made any recommendation that you participate in the DRIP. You further understand that neither Cash App Investing nor the Carrying Broker-Dealer are recommending nor offering any advice regarding the purchase of any Eligible Security or trading strategy. Dividend reinvestment does not assure profits on your investments; nor does it protect against losses in declining markets. You may terminate your participation in the DRIP at any time by following instructions for doing so in the Cash App. Termination will take effect prior to the next Dividend payment provided that you terminate your participation in the DRIP at least three (3) trading days prior to the payment date of that Dividend payment. You understand that your request to terminate your participation in the DRIP will not affect any other obligations that you may have to Cash App Investing or the Carrying Broker-Dealer.
Custom Orders. The Custom Order feature allows you to select a share price (the “Trigger Price”) that will cause an order to be placed for purchase or sale of securities. The triggering event for a Custom Order is either (1) a trade for the security executing in the market at or through the Trigger Price for Custom Purchase Orders above the current market price and Custom Sell Orders below the current market price, or (2) the national best offer (as calculated and disseminated by Security Information Processors) reaching the Trigger Price for Custom Purchase Orders below the current market price and the national best bid reaching the Trigger Price for Custom Sell Orders above the current market price (the “Trigger Event”). A quoted bid or ask at the Trigger Price in the market, by itself, may not cause your Custom Order to be placed. Once the Trigger Event occurs, an order will be placed for the amount you set and will be executed as soon as possible at the then-available market price. Custom Orders are an advanced order type; you should understand the risks of placing Custom Orders before setting a Custom Order. Custom Orders are not “limit” orders and are not a price guarantee. The Trigger Price may not be the execution price you receive depending on a number of factors, including order availability and price volatility. The Trigger Event simply causes an order to be placed, and the price may move in the time between the Trigger Event and your order being executed. If the price is moving rapidly, the price difference between these two events may be substantial. Activation of Custom Sell Orders may add downward price pressure on a stock, contributing to the execution price being significantly below the Trigger Price. If you set a Custom Purchase Order with a Trigger Price lower than the current market price, there’s a chance the price could continue to drop below the Trigger Price, resulting in losses to your portfolio. Funds for a Custom Purchase Order will be pulled from your Cash App Balance at the time the order is placed. If your Custom Purchase Order is canceled or expires, the funds will be returned to your Cash App Balance. Funds in your Cash App Balance, including funds pulled for a Custom Purchase Order, are not covered by SIPC. Custom Orders may be triggered by a short-lived, dramatic price change. We may cancel any outstanding Custom Orders at any time if necessary with respect to corporate actions or reorganizations, fraud or risk factors, or as otherwise needed as determined in our sole discretion. In addition to unavailability of general functionality, any outage or interruption to Cash App or Cash App Investing’s service availability (including as a result of a service interruption caused by a third party) will impact the time or ability to place any orders triggered by a Trigger Event.
Sales. You may only sell those securities that are owned by you and held by your Investing Account at the time of sale, and we will only accept orders to sell securities if you own and hold such securities. You will deliver any securities sold from your Investing Account. If the security is not received on or before the settlement date, or as market conditions warrant, Cash App Investing, in our sole discretion and without notice, may purchase the security on the open market for your Investing Account (commonly known as “buying in”) and may pull funds from any Eligible Transaction Account or liquidate any assets in your Investing Account or Carrying Broker account in order to pay for such purchase. In the event a security is bought in, you will be responsible for all resulting losses incurred by Cash App Investing. Proceeds from a sale of securities from your Investing Account will not be paid to you or deposited in your Cash App Balance until we have received the security and the settlement of the trade is complete.
Over the Counter (OTC) Trading. In limited circumstances, such as the delisting of a security, we may offer the ability to place sell-only orders through over-the-counter (“OTC”) markets. We only facilitate OTC trading as an accommodation and in our sole discretion. We may modify or suspend how and when we support OTC trades at any time. Before submitting an OTC trade you should familiarize yourself with the unique aspects and risks of OTC trading. OTC trades may not be placed immediately and may be batched together with other customer orders, and may not be placed for hours or days. OTC trading functions differently from exchange trades; your OTC order will route and execute in a manner different than exchange trades. OTC trading is highly speculative and involves substantial risk. OTC markets are often less liquid (or “thinly traded”), less transparent, and more volatile than national exchanges. Prices shown for OTC markets may be less up to date than price quotes from exchange markets, resulting in pricing information not being current at any given point in time. OTC trades can be executed in various venues and there is no one consolidated venue for OTC trading, so pricing data shown may not be from the venue where your trade is ultimately placed. The execution price you receive on an OTC trade may vary substantially from the price shown when you placed the trade. OTC trades may not be able to be executed, once placed, within a reasonable period of time, if at all. OTC securities may not be registered with the SEC and reliable information about issuers of OTC securities may not be available, making it difficult for you to properly value investments in OTC securities. You should exercise additional care and perform thorough diligence before making any investment decision regarding an OTC equity security. Standard government fees (SEC and TAF) will apply to OTC trades.
Settlement of Funds. Settlement of funds for transactions typically take one (1) business day or more. Prior to settlement of funds for a transaction you may be limited from accessing funds (in the case of a sale transaction) or selling any purchased securities (in the case of a buy transaction) until the transaction has fully cleared and the respective funds and securities have settled. Cash App Investing may arrange for funds to be provided to you by a third party for immediate use in advance of fund settlement. Such advances will only be provided for validly executed trades and may be revoked in the event a trade is not validly executed. Any such funds provided in advance are not proceeds from the sales of securities. Cash App Investing may suspend, cease, or refuse to provide such advance funds at any time in its sole discretion and without notice.
After-Market Orders. We do not offer after-hours trading. If you place an order in your Investing Account during hours when applicable U.S. stock markets and exchanges are not open for trading ("after-hours"), your order will be placed in queue to be executed at or after the open of U.S. markets and exchanges the next business day. If you place an order after-hours, the price for a security displayed in Cash App will be the price at the close of the prior market session rather than the execution price you will receive when the market reopens. Market conditions for a particular security can fluctuate significantly between close and open of market hours. We are not responsible for any outcome of a transaction resulting from changing market conditions during this time. We may pause or disable the scheduled order feature at any time in our sole discretion.
Order-Routing. You understand that we and the Carrying Broker have sole discretion over the market center to which an order is routed and the manner in which the order is handled. In determining the market center to which an order is directed, we and the Carrying Broker consider a variety of factors, including the speed of execution, price improvement opportunities (executions at prices superior to the then prevailing inside market), automatic execution guarantees, liquidity enhancement, the availability of efficient and reliable order-handling systems, the level of service provided, the cost of executing orders, the availability and amount of payments for routing order flow to the market center, and reciprocal business arrangements. Certain orders may be subject to manual review and entry, which may cause delays in the execution and may cause the orders to be executed at prices that are significantly different from the quotes provided at order entry. In accordance with Rule 606 under the Securities Exchange Act of 1934, the Carrying Broker makes available a report detailing the material market centers to which it routes orders and any material relationships with those market centers. Our Carrying Broker may receive and share with us certain amounts as compensation for directing orders in securities to particular market centers for execution.
House Rules. Additional trading rules and limitations may be published (“House Rules”). It is your responsibility to review the House Rules prior to trading. We may modify the House Rules at any time with or without notice to you. Any changes to the House Rules are effective immediately and it is your responsibility to review the latest version prior to trading.
Discretion over Trading Platform. You have chosen to use Cash App Investing as your trading platform and acknowledge that Cash App Investing has sole discretion over the rules and operation of this trading platform. We may, in our sole discretion and without notice to you, make changes to the trading platform and operations and are not responsible for any losses as a result of any such changes.
Self-Directed Investing Account; No Recommendations
Your Investing Account is entirely self-directed, and you are solely responsible for the suitability of your investments. You are solely responsible for any and all orders placed in your Investing Account. You acknowledge that all orders placed in your Investing Account are unsolicited and based on your own investment decisions and evaluation of the benefits and risks associated with trading in your Investing Account.
You acknowledge that Cash App Investing does not:
provide any investment advice in connection with your Investing Account;
recommend any security, transaction, strategy, or order;
solicit orders;
act as a market maker in any security; or
make discretionary trades on your behalf.
We and our representatives, affiliates, and agents are not authorized to provide investment advice or recommendations. Any assistance provided by us about your Investing Account, use of the Cash App, and the features available is limited to technical and administrative matters. Such assistance does not constitute investment advice, an opinion with respect to the suitability of any transaction, or solicitation of any orders.
You acknowledge that none of Cash App Investing, our representatives, affiliates, and agents, provide tax or legal advice.
Family Investing Accounts
Account Creation. You may open up to four (4) additional Investing Accounts to be used by Authorized Users (each a “Family Investing Account”). An “Authorized User” is a person resident in the U.S. between the ages of 13 and 17 at the time of the opening of the Family Investing Account, and to whom you are the parent or legal guardian. An Authorized User must have been approved for a Cash App Family Account to be eligible to be an Authorized User of a Family Investing Account. You must have an Investing Account to open a Family Investing Account. By opening a Family Investing Account, you represent and warrant that you are the parent or legal guardian of the Authorized User. You agree to the Cash App Investing Terms on behalf of the Authorized User and agree that the Authorized User may only use the Family Investing Account according to the terms of the Cash App Investing Terms. For the purposes of the Cash App Investing Terms, any reference to your “Investing Account” includes any associated Family Investing Accounts.
Ownership and Responsibility. You, and not the Authorized User, are the owner of any Family Investing Account, and all assets or liabilities held by the Family Investing Account are yours and not the Authorized User's. You will be responsible for any losses incurred by a Family Investing Account, and Cash App will not reimburse or otherwise remedy any losses incurred or caused by a Family Investing Account. You are responsible in full for the use of the Family Investing Account, including any obligations or liabilities incurred by it. You are the holder of any shareholder rights associated with securities held by a Family Investing Account, and you are responsible for monitoring for and exercising any such shareholder rights. Upon the sale of any securities by the Family Investing Account, the proceeds of any such sale will be owned by the Authorized User in their Dependent Account (as defined in the Cash App Terms).
Authorization. The Family Investing Account allows the Authorized User to transact in securities in the same manner as your Investing Account, though subject to certain limits (see below for more detail). By opening a Family Investing Account, you authorize, consent to, and approve of the Authorized User having general discretionary control of the Family Investing Account, including the ability to purchase and sell securities. The Authorized User will be able to access and transact using the Family Investing Account without prior transaction approval from, or notice to, you. Only the Authorized User may be able to access or transact using the Family Investing Account in the Cash App mobile and web applications ("in-app"); you may not be permitted to make any transactions in the Family Investing Account in-app (aside from requesting that the Family Investing Account be closed or liquidated). The Authorized User’s actions with respect to the Family Investing Account will have the same force and effect as if you had done them yourself, and therefore we are allowed to rely on any instruction to us by the Authorized User regarding the Family Investing Account. You understand and acknowledge that all actions taken and trades placed by the Authorized User are at your own risk. You are able to revoke this authorization at any time either in-app or by contacting us.
Supervision. You are responsible for the activity of any Family Investing Account, including for any losses that may be incurred and for ensuring that activity in the Family Investing Account complies with these Cash App Investing terms. It is your responsibility to promptly review the Authorized User’s account activity and to contact us immediately in the event that you have any questions or concerns. It is your responsibility to take action, either in-app or by contacting us, to suspend or revoke an Authorized User’s access to a Family Investing Account. We will not monitor or supervise the Family Investing Account’s activity.
Unilateral Transfer of Assets. Once the Authorized User reaches the age of eighteen (18), they must provide sufficient information or documentation to allow Cash App Investing to verify their identity. Upon verification of the Authorized User’s identity, assets in the Family Investing Account will be transferred to a new Cash App Investing account solely owned by the Authorized User. You authorize and consent to this transfer of assets from the Family Investing Account. If Cash App Investing cannot verify the identity of the Authorized User after they reach the age of 18, Cash App Investing may, in its sole discretion, restrict the use of the Family Investing Account and/or close the Family Investing Account, which could result in any securities held in the Family Investing Account being liquidated, with the proceeds of liquidation deposited in the Authorized User’s Cash App Balance.
Limits. Family Investing Accounts may not have access to all trading features, and may be subject to specific transaction or activity limits. Family Investing Accounts may not be able to transact in all securities offered by us to other Investing Accounts. An Authorized User may not be able to transfer assets out of the Family Investing Account without your prior consent. Transfers of securities into and out of Family Investing Accounts may be limited or outright prohibited. If we determine we need to close a Family Investing Account, any holdings in such Family Investing Account will be liquidated and the account closed. We reserve the right to impose any additional limits or restrictions on Family Investing Accounts in our sole discretion.
Life Events. You agree to notify us promptly of any life event or change in circumstance that impacts your or the Authorized User’s ability to own or use a Family Investing Account. You will notify us if there is a change in your relationship to the Authorized User that would affect the ability of you or the Authorized User to perform their obligations under this Agreement. We will work with you and the Authorized User to transition the account to another sponsor or close the account, as necessary.
Taxes. As you are the owner of the Family Investing Account you are responsible for any tax consequences of the Family Investing Account’s activity and holdings. You should consult a tax advisor regarding the federal, state, and local tax consequences of opening a Family Investing Account with respect to your and the Authorized User.
Risks Of Investing
Losses May Occur. You acknowledge that all investments involve risk, that losses may occur, and that past performance is not a guarantee or indication future results or returns. The greatest risk in buying securities is the potential for the value of the security to decrease significantly or entirely. You are solely responsible for any gains or losses in your Investing Account. You should invest carefully, considering your available resources, investing experience, and risk tolerance. You should only trade with money you can afford to lose. While diversification may help spread risk it does not assure a profit, or protect against loss. There is always the potential of losing money when you invest in securities.
Not Insured. Stock investments are not insured by the FDIC.
Market Conditions Vary. The price you receive for a transaction may not be the price shown to you at or prior to your confirmation of such transaction, due to fluctuations in the price, available volume, or other prevailing market conditions. We cannot guarantee that any order you place will be fulfilled.
Electronic Trading. Cash App Investing is an electronic trading platform. Electronic trading poses unique risk to investors, as system response and access times may vary due to market conditions, system performance, and other factors. Market volatility, volume, and system availability may delay access to your Investing Account and trade executions. We cannot guarantee that our system will be accessible or function adequately to execute a trade in any particular security or at a particular time. Our system depends on services provided by various third parties, including your internet service provider, mobile phone carrier, and other providers of hardware and software that are needed to access your Account. We do not control the products or services provided by these third parties and we cannot guarantee they will operate adequately at all times.
Differences Between Stocks. Not all stocks are the same, and each carries a unique profile of many factors including the condition and prospects of the underlying issuer, fees, dividend and voting rights, and trading volume. Some securities cannot be easily sold or converted to cash.
ETFs. Investors should consider the investment objectives and unique risk profile of Exchange Traded Funds (ETFs) carefully before investing. ETFs are subject to particular risks described in their prospectuses and other offering documents. ETFs may have fees and operating expenses. These fees and expenses will reduce your returns. For information about an ETF’s fees and expenses, please reference its prospectus and other offering documents. Although indexed ETFs are designed to provide investment results that generally correspond to the performance of their respective underlying indices, they may not be able to exactly replicate the performance of the indices because of fees and expenses and other factors. A prospectus contains this and other information about the ETF and should be read carefully before investing.
Fractional Shares
Overview. Cash App Investing allows you to purchase securities in dollar amounts rather than share quantities and you understand that you may receive fractional shares as a result of any purchase or sale of securities. Trading in fractional shares has unique risks and limitations, and you acknowledge that you understand these prior to investing through the Service.
Rounding. Fractional share orders are placed in dollars rather than share amounts, and therefore we may round up or round down the amount of fractional shares in a transaction. Rounding may reduce the amount of shares you receive in a purchase or the amount of proceeds you receive in a sale. Rounding may also affect your ability to be credited for cash dividends, stock dividends and stock splits, because you will not receive dividends in denominations under one cent.
Transferability. Fractional shares are not transferable. If you close your Investing Account or transfer your Investing Account to another firm, the fractional shares will need to be liquidated, resulting in potential charges, fees, and loss of value. Fractional shares cannot be put into certificate form and mailed. Fees, charges, and loss of value in connection with a liquidation of fractional shares may match or exceed the value of the fractional share depending on your holdings.
Voting Rights. Holders of fractional shares may not have voting rights for the fraction of a share owned. You may need to own the full share of a stock to be able to exercise voting rights.
SIPC and BrokerCheck
We are a member of the Securities Investor Protection Corporation ("SIPC"), which protects securities customers of its members up to $500,000 (including $250,000 for claims for cash from the sale of or for the purchase of securities). SIPC does not guarantee or insure against loss of market value; securities are not federally insured against loss. Visit sipc.org or call 202-371-8300 for more information, including an explanatory brochure on SIPC protection.
You can view Cash App Investing’s BrokerCheck profile here. FINRA BrokerCheck allows investors to learn about the professional background, business practices, and conduct of FINRA member firms and their associated persons. The telephone number for FINRA BrokerCheck is 800-289-9999; the website is FINRA.org. An investor brochure that includes information describing FINRA BrokerCheck is also available on request.
Margin Account Limitations; No Extension of Credit
All Investing Accounts will be opened as margin accounts. Your Investing Account is a margin account solely for the limited purpose of facilitating settlement of funds, and does not have all of the features that a typical margin account would offer. In particular, no credit will be extended to you in this margin account. All securities, assets and other property held in your Investing Account are subject to a lien in favor of Cash App Investing for the payment of all trades, debit balances, margin calls or other obligations arising in connection with your Investing Account.
As a holder of a margin account, you may not engage in “pattern day trading”. Pattern day trading occurs when you initiate four or more day trades within five business days, provided the number of day trades are more than six percent of your total number of trades for that same five-day period. A day trade occurs when you buy and sell, or sell and buy, the same security on the same day. Engaging in pattern day trading may result in suspension, deactivation, or closure of your Investing Account. We may institute trade restrictions to prevent pattern day trading at any time without notice to you. As a result, you may be restricted from purchasing or selling securities on a particular day or time that you intend. You may incur losses as a result of these restrictions.
Your Investing Account held at the Carrying Broker will be a “zero-balance” Investing Account, meaning any free credit balance you accrue in your Investing Account will be automatically transferred to your Cash App Balance held for your benefit by the Company. You authorize and issue a standing instruction to us and the Carrying Broker to initiate transfers of any free credit out of such Investing Account into your Cash App Balance on an ongoing basis in order to maintain the “zero-balance” Investing Account. You further understand that any free credit that is transferred to your Cash App Balance will not be SIPC-covered and may not be FDIC-insured (see Cash App terms of service for more details). You specifically agree that you are opening or maintaining an Investing Account with the understanding that you cannot maintain a free credit balance in your Investing Account and that other broker-dealers may permit maintenance of free credit balances in their customers’ brokerage accounts.
Confirmations and Statements
It is solely your responsibility to review trade confirmations and Investing Account statements promptly upon receipt. It is your responsibility to promptly notify us of any error on any confirmation or statement for your Investing Account. You agree that Cash App Investing will not be liable to you for any losses arising in connection with your delay in reporting an error, including but not limited to, losses resulting from market fluctuations.
Corporate Actions, Reorganizations, and Delisting
Certain securities may give you rights that expire unless you take certain action (e.g. voting rights). You are responsible for knowing the rights and terms of all securities in your Investing Account. We are not obligated to notify you of any upcoming expiration, voting, or other dates or deadlines with respect to these rights or to take any other action on your behalf, except as required by applicable law. Cash App Investing may arrange for delivery of corporate notices to you for securities held by your Investing Account, but it is your responsibility to review such notices and exercise any rights afforded to the securities held in your Investing Account.
In the event of a spinoff, acquisition or other corporate reorganization of any company whose securities are available for trading on our platform, it is in our sole discretion whether to support trades or holdings of the reorganized company. In the event a company delists from a major stock exchange, it is in our sole discretion whether to support trades or holdings of the delisted company. Companies who do not trade on major stock exchanges are relatively less liquid, therefore if we offer the ability to trade in delisted companies you may encounter significant delays in stock quotes, trade executions, trade confirmations. In the event of a corporate reorganization or company delisting you may be required to liquidate or transfer any holdings of the reorganized or delisted company. In the event of liquidation, Cash App Investing may need to use non standard order types.
Payment For Order Flow
Our Carrying Broker may earn revenue in connection with routing orders to particular market centers for execution (known as “payment for order flow”). Please review the Carrying Broker’s SEC Rule 606 Disclosure in the Disclosure Library for details on order routing. Details on payment for order flow received in connection with your orders will be provided upon request.
Account Suspension or Termination
Cash App Investing may for any reason, in its sole discretion, prohibit or restrict trading in your Investing Account or terminate, close, or suspend your Investing Account for any length of time or permanently. Cash App Investing may, in its sole discretion, liquidate all assets in your Investing Account or Carrying Broker account and prohibit any and all current or future use of the Investing Account, and to transfer your Investing Account to another brokerage firm, to the extent permitted by applicable law. In the event of any such action you will remain responsible for all outstanding obligations to the Company or Cash App Investing, including outstanding fees and cash and securities necessary to execute pending transactions. Cash App Investing is not responsible for any losses caused by the liquidation of securities, instruments or other property pursuant to this paragraph, including any tax liabilities.
Without limiting the foregoing, Cash App Investing will not permit those individuals that the Office of Foreign Assets Control (“OFAC”) has identified as “Specially Designated Nationals and Blocked Persons” (“Sanctioned Individuals”) to open or maintain an Investing Account. In addition, Cash App Investing will not permit access to an Investing Account by an individual from one of a number of countries subject to sanctions programs administered by OFAC (“Sanctioned Countries”). If we discover an Investing Account has been opened or maintained by a Sanctioned Individual or has been accessed from a Sanctioned Country, Cash App Investing may, in its sole discretion, prohibit or restrict trading in the Investing Account, or terminate, close, or suspend the Investing account for any length of time or permanently.
Commissions, Fees and Taxes
Commissions and Fees. We may charge your Investing Account for trade charges, brokerage commissions, mark-ups and other fees for the Service (the “Fees”). Fees will be listed in the House Rules. Fees may be implemented or increased from time to time, at our sole discretion. In the event that a Fee is implemented or changed, we will give you 30 days' prior written notice. You acknowledge that you have reviewed the Fees and that they constitute reasonable compensation for the Service.
Taxes. You are responsible for and will pay any applicable taxes, duties and fees, including any interest and penalties with respect thereto, which may be assessed under present or future laws in connection with your Investing Account. You are responsible for reporting all proceeds of sale transactions, dividends paid, or other amounts in your Investing Account to the Internal Revenue Service in accordance with applicable law. For tax reporting purposes, Cash App Investing applies the “First in, First Out” (“FIFO”) method to calculate the gain or loss on the sale of a security.
Deduction of Commissions, Fees and Taxes. We may deduct all Fees, charges, expenses, disbursements and taxes as described above directly from your Investing Account or any Eligible Transaction Account. You grant Cash App Investing express legal authority to use, liquidate or transfer any and all securities, assets or other property in your Investing Account or Carrying Broker account as needed to satisfy any amounts owed by you arising in connection with your Investing Account, to the extent permitted by law.
Error Corrections
We may correct any errors that arise in your Investing Account without prior notice to you, including debiting your Investing Account or any Eligible Transaction Account for any amounts or positions incorrectly existing therein and correcting errors with respect to Investing Account holdings or balances. We may take these actions even if they result in a negative balance in your Investing Account.
Monitoring and Recording
We may view, monitor, and record activity in the Cash App and related to your Investing Account without notice to or permission from you. Any information obtained by monitoring, reviewing, or recording activity is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity as well as by any regulatory agency or self-regulatory body with supervisory authority over us. We may monitor or record conversations, telephone calls, SMS messages, or electronic communications that you have with our employees or agents for the purpose of verifying transactions, quality control, or for other business reasons. You waive any notice other than this provision that your communications shall or may be recorded at any time.
Account Security
You are solely responsible for keeping your Investing Account login information and password confidential and for monitoring and safeguarding your Investing Account and access to your Investing Account. You acknowledge that we do not know whether a person that has accessed your Investing Account using your credentials is you.
If you permit a third party to access your Investing Account or act on your behalf, you do so at your own risk. We will consider any action taken from your Investing Account by a user accessing your Investing Account with proper credentials to be an action taken by you. We are not liable for any losses or damages caused by any third party that you authorize or allow to access your Investing Account.
You will notify us as soon as practicable if you become aware of (i) any loss, theft, or unauthorized use of your Investing Account; (ii) any failure by you to receive any communication from us indicating that an order was received, executed or canceled, as applicable; (iii) any failure by you to receive an accurate written confirmation of an order, execution, or cancellation; (iv) any receipt by you of confirmation of an order, execution or cancellation, which you did not place; (v) any inaccurate information in or relating to your orders, account status, account balances, deposits, withdrawals, securities positions or transaction history; or (vi) any other unauthorized use or access of your Investing Account. Upon request, you will report any such activity promptly to legal authorities and will cooperate fully with the legal authorities and us in any investigation of the matter.
Third Party Content
You may be able to access information or data (including Provided Information) provided by third parties through the Cash App or the Cash App website (“Third Party Content”). Third-Party Content is not reviewed, controlled, or examined by us in any way and we are not responsible for the content, availability, advertising, products or other materials of any such Third-Party Content, or any additional links contained therein. Links to Third Party Content in the Cash App do not imply our or our affiliates’ endorsement of or association therewith.
In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of Third Party Content or the information or material accessed through Third Party Content. You should direct any concerns to that site's administrator. We may, in our sole discretion, modify or remove any Third Party Content without notice.
Market Data
Definitions
“Market Data” means (a) last sale information and quotation information relating to securities that are admitted to dealings on the NYSE, (b) such bond and other equity last sale and quotation information, and such index and other market information, as United States-registered national securities exchanges and national securities associations (each, an "Authorizing SRO") may make available and as the NYSE may from time to time designate as "Market Data"; and (c) all information that derives from any such information.
"Nonprofessional Subscriber" means any natural person who receives market data solely for his/her personal, non- business use and who is not a “Securities Professional.”
“Securities Professional” includes an individual who, if working in the United States, is: (i) registered or qualified with the Securities and Exchange Commission (the "SEC"), the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association, or any commodities or futures contract market or association; (ii) engaged as an "investment advisor" as that term is defined in Section 202 (a) (11) of the Investment Advisor's Act of 1940 (whether or not registered or qualified under that Act), or (iii) employed by a bank or other organization exempt from registration under Federal and/or state securities laws to perform functions that would require him or her to be so registered or qualified if he or she were to perform such functions for an organization not so exempt. A person who works outside of the United States will be considered a “Securities Professional” if he or she performs the same functions as someone who would be considered a “Securities Professional” in the United States.
Generally Applicable Provisions
Proprietary Nature of Data. You understand and acknowledge that each Authorizing SRO and Other Data Disseminator (as defined below) has a proprietary interest in the Market Data that originates on or derives from it or its market(s).
Enforcement. You understand and acknowledge that (a) the Authorizing SROs are third-party beneficiaries under this Agreement and (b) the Authorizing SROs or their authorized representative(s) may enforce this Agreement, by legal proceedings or otherwise, against you or any person that obtains Market Data that is made available pursuant to this Agreement other than as this Agreement contemplates. You shall pay the reasonable attorney's fees that any Authorizing SRO incurs in enforcing this Agreement against you.
Data Not Guaranteed. You understand that we, any Authorizing SRO, any other entity whose information is made available over the Authorizing SROs' facilities (an "Other Data Disseminator") and any information processor that assists any Authorizing SRO or Other Data Disseminator in making Market Data available (collectively, the "Disseminating Parties") do not guarantee the timeliness, sequence, accuracy or completeness of Market Data or of other market information or messages disseminated by any Disseminating Party. Neither you nor any other person shall hold any Disseminating Party liable in any way for (a) any inaccuracy, error or delay in, or omission of, (i) any such data, information or message or (ii) the transmission or delivery of any such data, information or message, or (b) any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission, (ii) non- performance or (iii) interruption in any such data, information or message, due either to any negligent act or omission by any Disseminating Party, to any "force majeure" (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction) or to any other cause beyond the reasonable control of any Disseminating Party.
Permitted Use. You shall not furnish Market Data to any other person or entity. If you receive Market Data other than as a Nonprofessional Subscriber, you shall use Market Data only for your individual use in your business.
Dissemination, Discontinuance, or Modification. You understand and acknowledge that, at any time, the Authorizing SROs may discontinue disseminating any category of Market Data, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. The Authorizing SROs shall not be liable for any resulting liability, loss or damages that may arise therefrom.
Duration; Survival. This Agreement remains in effect for so long as you have the ability to receive Market Data as contemplated by this Agreement. Paragraphs 2, 3 and 4 directly above survive any termination of this Agreement.
Miscellaneous. The laws of the State of New York shall govern only this section and it shall be interpreted in accordance with those laws.
Provisions Applicable to Nonprofessionals
Permitted Receipt. You may not receive Market Data as a “Nonprofessional Subscriber” unless the vendor providing that data to you first determines that you fall within the above definition of “Nonprofessional Subscriber.” You may not receive Market Data from us, and we may not provide Market Data to you, on a “Nonprofessional Subscriber” basis unless we first properly determine that you qualify as a “Nonprofessional Subscriber”.
Permitted Use. If you are a Nonprofessional Subscriber, you shall receive Market Data solely for your personal, non-business use.
Personal and Employment Information. If we determine that we need additional information from you to determine whether or not you are complying with the terms of this section, you agree to provide us such additional information upon request, including: (i) your name and address; your occupations; the name(s) and address(es) of your employer(s); your title(s) and/or position(s); and your employment functions (description).
Eligibility. You agree that all the following are true:
You use Market Data solely for your personal, non-business use;
You do not receive Market Data for your business or any other entity;
You are not currently registered or qualified with any securities agency, any securities exchange, association or regulatory body, or any commodities or futures contract market, association or regulatory body, in the United States or elsewhere;
Whether you are located within or outside of the United States, you do not perform any functions that are similar to those that require an individual to register or qualify with the SEC, the CFTC, any other securities agency or regulatory body, any securities exchange or association, or any commodities or futures contract market, association or regulatory body;
You are not engaged to provide investment advice to any individual or entity;
You are not engaged as an asset manager;
Except as otherwise permitted under this Agreement, you do not use the capital of any other individual or entity in the conduct of your trading;
You do not conduct trading for the benefit of a corporation, partnership, or other entity;
You have not entered into any agreement to share the profit of your trading activities or receive compensation for your trading activities;
You are not receiving office space, and equipment or other benefits in exchange for your trading or work as a financial consultant to any person, firm or business entity.
You shall notify us promptly in writing of any change in your circumstances that may cause you to cease to qualify as a Nonprofessional Subscriber or that may change your responses to any of the preceding questions.
Consent to Electronic Delivery
By agreeing to the terms and conditions of this Agreement, you agree to have Investing Account Communications transmitted to you electronically.
Definition. “Investing Account Communication” include notices, disclosures, current and future Investing Account statements, regulatory communications (such as prospectuses, proxy solicitations, and privacy notices), trade confirmations, tax-related documents, and any other information, documents, data, and records regarding your Investing Account, this Agreement (including amendments to this Agreement), and the services delivered or provided to you by us, the issuers of the securities or other property in which you invest, and any other parties. You acknowledge that you have carefully read and fully understand the implications of this section, and agree to all conditions outlined herein with respect to electronic delivery of any Investing Account Communication.
Consent. You consent and agree to have all Investing Account Communications transmitted to you electronically.
Forms. Electronic delivery of Investing Account Communications may take one of the following forms: (i) providing information via the Cash App or the Cash App website; (ii) push notifications to your mobile device, (iii) sending emails to your email address of record, and (iv) as may be required by applicable law, providing you with notice to the Cash App or Cash App website where the information may be accessed. You agree that all Investing Account Communications provided in any of the foregoing manner is considered delivered to you personally when sent or posted by Cash App Investing, whether or not you actually receive such information.
Updated Information. All email notifications will be sent to your email address of record. You agree to maintain the email address that you have provided us until such time as you have provided us with a new or alternate email address. Email messages may fail to transmit promptly or properly, including being delivered to SPAM folders. It is your sole responsibility to ensure that any emails from us are not marked as SPAM. Regardless of whether or not you receive an email notification, you agree to check Cash App or the Cash App website regularly to avoid missing any information, including time-sensitive or otherwise important communication. If you authorize someone else to access the email Investing Account you have provided us, you agree to accept the risk that they will see your sensitive information. You understand that if you use a work email address or computing or communications device, your employer or other employees may have access to communications regarding your Investing Account.
Delivery; Authentic Copy. All communications provided to you electronically shall be deemed delivered to you when sent, whether actually received or not. You agree that Cash App Investing fulfills its legal obligation to deliver to you any document if sent via electronic delivery. You agree that the electronic copy of any Investing Account Communication is considered to be the authentic, complete and enforceable record of such document. Such document is admissible in a judicial, administrative or arbitration proceeding just as if the document were in printed form.
Withdrawing Consent. This consent will remain in effect until you revoke your consent in writing and such revocation is processed by us. You may request paper delivery of any Investing Account Communication for any Investing Account Communication we are required by law to make available in paper form. Cash App Investing may charge a service fee for the delivery of communications that would otherwise be delivered electronically. We will not treat your request for paper copies as a withdrawal of your consent to electronic delivery of Investing Account Communications. If you revoke or restrict your consent to electronic delivery of Investing Account Communications or request paper delivery of same, we may, in our sole discretion, restrict or close your Investing Account. Your revocation or restriction of consent, your request for paper delivery, or our delivery of paper copies of Investing Account Communications will not affect the legal effectiveness or validity of any electronic Investing Account Communication provided while your consent was in effect. You may withdraw your consent to electronically receive documents at any time by giving us notice to Cash App support.
Tax Documents. Your consent to electronic delivery herein also applies to all applicable tax documents related to your Investing Account, including any applicable federal tax reporting forms.
Required Technology. You understand that to receive electronic delivery of notifications, you must have access to a computer or mobile device with internet access, a valid email address, and the ability to download applications and information and a printer if you wish to retain paper copies of the communications. All email sent to and from us is subject to archival, monitoring, review by, and disclosure to, someone other than the recipient, such as our compliance personnel and applicable regulators. Potential costs associated with electronic delivery of Investing Account Communications may include charges from internet access providers and telephone companies, and you agree to bear those costs.
Trusted Contact
You are able to provide Cash App Investing with the name and contact information for a trusted contact person to be contacted regarding your account (your “Trusted Contact”). You authorize Cash App Investing to contact the Trusted Contact Person and to disclose information about your Investing Account to address possible financial exploitation, to confirm the specifics of your current contact information, health status, or the identity of any legal guardian, executor, trustee or holder of a power of attorney, or as otherwise permitted by applicable law. You release and discharge Cash App Investing from all claims, causes of action, damages, losses, expenses, costs, and liabilities of any kind that may arise out of, relate to, or are in connection with the release of, or failure to release, personal or account information to the Trusted Contact.
No Warranty
YOUR USE OF THE CASH APP OR ANY OTHER SERVICE PROVIDED BY US OR ANY OF OUR AFFILIATES IS SOLELY AT YOUR OWN RISK. ALL SERVICES PROVIDED BY US AND OUR AFFILIATES, INCLUDING THE CASH APP, ANY DATA OR INFORMATION, GRAPHICS, TEXT, LINKS TO OTHER WEBSITES, OR OTHER INFORMATION AND CONTENT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE TIMELINESS, TRUTHFULNESS, SEQUENCE, COMPLETENESS, ACCURACY, OR FREEDOM FROM INTERRUPTION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION, OTHER THAN THOSE WARRANTIES WHICH ARE REQUIRED BY APPLICABLE LAW.
WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE CASH APP AT ANY PARTICULAR LOCATION OR FOR ANY CONTINUOUS PERIOD OF TIME.
Limitation of Liability; Indemnification
Limitation of Liability. Except as otherwise provided by applicable law, Cash App Investing, our affiliates, our respective officers, directors, and employees, or agents (the “Indemnified Parties”), are not liable for:
Any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys’ fees) (whether direct or indirect, related or not related to a third party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to your Investing Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from Cash App Investing’s or any of its affiliates’ gross negligence or willful misconduct;
Losses incurred as a result of: (i) any error, omission, deletion, untimeliness, incorrect sequencing or defect in your Investing Account or the services provided under this Agreement; (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of your Investing Account or the Cash App; (iii) any inaccuracy, error or delay in, or omission of, (a) any Provided Information, information or message, or (b) the transmission or delivery of any such Provided Information, information or message; (iv) any access, authorized by you, of a third party of your Investing Account, including access provided through any other third party systems or sites; (v) the performance or non-performance by any exchange, clearing organization, market data provider, or other third party (including other broker-dealers and clearing firms, and banks) or any of their respective agents or affiliates, of its or their obligations relative to you or any securities; (vi) any Losses caused by anything over which the Indemnified Parties do not have direct control, including the failure of mechanical equipment, unauthorized access, theft, operator errors, government restrictions, market data availability or quality, exchange rulings or suspension of trading; and (vii) any “force majeure” ”(including flood, extraordinary weather conditions, earthquake or other act of god, fire, war, insurrection, riot, labor dispute, accident, action of government, or communications or power failure, equipment or software malfunction); or
Any special, indirect, incidental, consequential, punitive or exemplary damages (including lost profits, trading losses and damages) that incurred in connection with your Investing Account, your use of the Cash App, or any services provided under this Agreement.
Indemnification.
In addition to, and in no way limiting, your indemnification obligations elsewhere in the Cash App Investing Terms, you agree to indemnify, defend and hold harmless the Indemnified Parties from all Losses, whether claimed by your or a third party, resulting from: (i) your or your agent’s use of your Investing Account; (ii) any breach by you of any of the terms and conditions of this Agreement; (iii) any third party use of your Investing Account authorized by you; (iv) any third-party actions related to your receipt and use of any information, Provided Information, Third Party Content, or other such information obtained through the Cash App, whether authorized or unauthorized under this Agreement; (v) any third-party actions related to your use of the Cash App; (vi) your or your agent’s misrepresentation or alleged misrepresentation, or act or omission; (vi) Indemnified Parties following your or your agent’s directions or instructions, or failing to follow your or your agent’s unlawful or unreasonable directions or instructions; (viii) any activities or services of the Indemnified Parties in connection with your Investing Account (including any technology services, reporting, trading, or other services); or (ix) the failure by any person not controlled by the Indemnified Parties and their affiliates to perform any obligations to you.
Pre-Dispute Arbitration
Arbitration. This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement, the Parties agree as follows:
All parties to this Agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date.
The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement.
FINRA Arbitration. Any claim, controversy, or dispute between you and the Indemnified Parties, including any claims relating in any way to your Investing Account, the Service, or the Cash App Investing Terms (“Disputes”) will be resolved by arbitration in accordance with the rules of FINRA Dispute Resolution, Inc. (“FINRA DR”). For any such Dispute, you agree to arbitrate any controversy or claim before FINRA DR in the State of California.
Waiver. This agreement to arbitrate constitutes a waiver of the right to seek a judicial forum unless such a waiver would be void under applicable law. If you are a foreign national, non-resident alien, or if you do not reside in the United States, you agree to waive your right to file an action against us in any foreign venue.
Class Action Claims. No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (a) the class certification is denied; or (b) the class is decertified; or (c) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein.
Foreign Accounts. If you are not residing in the United States at the time a Dispute arises, you agree: (a) that any arbitration hearing will occur in San Francisco, California, unless FINRA designates another hearing location; (b) to the personal jurisdiction of the courts of the state of California to interpret and enforce this arbitration provision; and, (c) that all arbitrations will be held in the English language unless otherwise agreed to by the parties.
Miscellaneous Provisions
You may not assign this Agreement or any rights or obligations under this Agreement without prior written consent of Cash App Investing. Cash App Investing may assign, sell, or transfer your Investing Account and this Agreement, or any portion thereof, at any time, without your prior consent.
If any provision of the Cash App Investing Terms is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
The Cash App Investing Terms contain the entire agreement between Cash App Investing and you regarding your Investing Account and the Service. No waiver of any term of the Cash App Investing Terms will be deemed a further or continuing waiver of such term or waiver of any other term. This Agreement and all transactions made in your Investing Account shall be governed by the laws of the State of California.
Support
Please contact Cash App support with any questions or complaints.