The Bancorp Bank, N.A.

CASH APP VISA DEBIT FLEX CARD AGREEMENT

IMPORTANT – PLEASE READ CAREFULLY

This Agreement is effective: January 14, 2026

Last Updated: January 14, 2026

THIS CASH APP VISA DEBIT FLEX CARD AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 27 (defined herein as the “Arbitration Agreement”) BELOW FOR MORE INFORMATION ON ARBITRATION PROTOCOLS AND OPT-OUT PROCEDURES.

1. Terms and Conditions

This Cash App Visa Debit Flex Card Agreement (“Agreement”) is an agreement between you and The Bancorp Bank, N.A. (“Issuer”) that outlines the terms and conditions under which the Cash App Visa Debit Flex Card (“Card”) has been issued to you by the issuer. By ordering and using the Card, you agree to be bound by the terms and conditions contained in this Agreement. This Agreement supplements, but does not replace, the Cash App Terms of Service (available at http://cash.app/legal/us/en-us/tos (“Cash App Terms of Service”) or other agreements between you and Block, Inc. (“Cash App”) that applies to your use of products or services provided by Cash App (collectively, the “Service Agreements”).  To the extent there is a conflict between the Service Agreements and this Agreement, this Agreement controls only with respect to Card transactions funded from your Debit Flex Account. “Debit Flex Account” means the Debit Flex Account as defined in the Cash App Terms of Service, from which funds can be accessed via the Card.  “You” and “your” mean the person or persons who have ordered, received, and are authorized to use the Card as provided for in this Agreement.  “We,” “us,” and “our” mean the Issuer, our successors, affiliates or assignees, and third-party service providers, including Cash App, who provides Card services on the Issuer’s behalf.  The expiration date of the Card is identified on the back of your Card.  The Card is not a prepaid card.  The Card is not for resale.  The Card will remain the property of the Issuer and must be surrendered upon demand.  The Card is nontransferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law.  The Card is not designed for business use, and we may close your Card if we determine that it is being used for business purposes.  We may refuse to process any transaction that we believe may violate the terms of this Agreement, the Service Agreements or applicable law.  

Please read this Agreement carefully and keep it for future reference.

2. Customer Service

For customer service or additional information regarding your Card, please contact “Cash App Support” through the app by tapping your profile icon on the Cash App home screen and selecting “Support” or at the “Website,” “Phone Number,” or “Address,” below:

• cash.app/help

• Call us at 1-800-969-1940 

• Write us at Block, Inc., Attn: Customer Support - Legal, 1955 Broadway, Suite 600, Oakland California 94612

Cash App Support is available to answer your calls:

Daily, 8 AM to 9:30 PM ET

Our business days are Monday through Friday, excluding federal holidays, even if we are open.  Any references to “days” found in this Agreement are calendar days unless indicated otherwise.  From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law. 

3. Activating Your Card

Cards generally arrive in 7-10 business days. You must activate your Card before it can be used. You may activate your Card by following any directions for activation provided by Cash App. For assistance, please contact Cash App Support. By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. resident residing in the fifty (50) states of the United States (“U.S.”) or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Card is true, correct and complete; and (v) you reviewed a copy of this Agreement and agree to be bound by and to comply with its terms.

4. Personal Identification Number ("PIN")

You will be prompted to select a PIN when you activate your Card provided you have not already created a PIN in the app. 

You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious.   If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the paragraph labeled “Your Liability for Unauthorized Card Transactions” found in Section 19.

5. Authorized Card Users

You are responsible for all authorized transactions initiated and fees incurred by use of your Card.  Except as otherwise prohibited by applicable law, if you or a Sponsored Person (as defined in the Cash App Terms of Service) permit another person to have access to your Card or Card number(s), and they use your Card  without your knowledge or permission, unless you have notified us that transfers by that person are no longer authorized, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons.  Except in the case of a Sponsored Person, you may not request an additional Card for another person.

6. Sponsored Persons

(a)   You may, subject to our sole discretion, authorize the usage of Cards for up to four (4) Sponsored Persons. To authorize the usage of a Card by a Sponsored Person, you must first authorize the Sponsored Person’s use of a Debit Flex Account as described in the Cash App Terms of Service.

(b)  You acknowledge that the terms of this Agreement will apply to you with respect to each Card you authorize for a Sponsored Person, and you hereby expressly accept this Agreement on behalf of Sponsored Person. Except as otherwise prohibited by applicable law, you agree to and accept full responsibility and liability for any Sponsored Person's use of the Card, including but not limited to (a) any transactions made on with their Card; (b) any transaction made by a Sponsored Person even if the post date shown on your Cash App statement (pursuant to the Cash App Terms of Service) for the debit relating to that transaction occurs after the date you tell us you have revoked your authorization for such Sponsored Person; (c) fees and charges resulting from any transaction made with their Card; and (d) any other claims or liabilities, including tax, that may be incurred in connection with the use of a Card. You allow us to discuss the Card with a Sponsored Person. By authorizing a Sponsored Person, you represent that you have permission from each one to allow us to share information about him or her as allowed by applicable law. This includes information we may get from you, any Sponsored Person, and information about their transactions and use of a Card.

(c)  If you revoke authorization for an authorized user, including a Sponsored Person, we may close your Card and issue a new Card with a different Card number. We also reserve the right to restrict authorized users or Sponsored Person's access to some features of the Card. Without limiting any other provision of this Agreement, we may terminate your Card if any Sponsored Person associated with you violates this Agreement.

(d)   You agree that any Sponsored Person who has reached the age of 18 must, as determined by Cash App, provide the information described in Section III of the Cash App Terms of Service. Once the Sponsored Person's information is verified, the previously Sponsored Person will become the owner of the Card and Sponsored Account you authorized for them, and you authorize the Sponsored Person to obtain their transaction history that is associated with such Card.

7. Using your Card

(a) Using Your Card for Purchases. You may use your Card to make purchases at any merchant that accepts Visa or other networks in which we participate, subject to the available balance in your Debit Flex Account, the transaction limits applicable to your Debit Flex Account, and the other terms and conditions of this Agreement and the Service Agreements. Except for Afterpay on Cash App Card Transactions (see Section 12), each time you use your Card, the transaction and any applicable fees will be deducted from the available balance in your Debit Flex Account. Except for Afterpay on Cash App Card Transactions, you are not allowed to use your Card on a transaction that exceeds the available balance in your Debit Flex Account, through an individual transaction or a series of transactions. If you do not have enough funds available in your Debit Flex Account, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount using another payment method. These are called “split transactions.”  Some merchants do not allow cardholders to conduct split transactions. Nevertheless, if a transaction exceeds the available balance in your Debit Flex Account, you will be fully liable to us for the full amount of the transaction and any applicable fees. You may not use your Card for illegal transactions or transactions that are prohibited by us and/or Cash App. We may temporarily “freeze” or entirely deactivate your Card or Debit Flex Account and attempt to contact you if we notice transactions that are unusual or appear suspicious. 

(b) Merchant Holds. When you use your Card or Card number to initiate a transaction at certain merchant locations, websites or mobile applications, such as hotels, restaurants and rental car companies, where the final purchase amount is unknown at the time of authorization, a hold may be placed on the available balance in your Debit Flex Account for an amount equal to or in excess of the final transaction amount. When you use your Card to initiate a transaction at a gas station pump, where the final purchase amount is unknown at the time of the authorization, a hold of up to $175 may be placed on the available balance in your Debit Flex Account. To avoid this, you can pay inside the gas station and request a specific dollar amount, in which case the authorization hold will be limited to that amount. The funds subject to the hold will not be available to you for any other purpose until the merchant settles the transaction.  Once we receive the final transaction amount, it may take up to seven (7) days for the hold to be removed, unless the transaction involves a lodging or travel merchant, in which case the merchant may take up to thirty (30) days for the hold to be removed. During that period, you will not have access to the funds subject to the hold. 

(c) Cash Access. With your PIN, you may use your Card to obtain cash from any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by a merchant, that bears the Visa®, NYCE, and/or MoneyPass acceptance mark, subject to the available balance in your Debit Flex Account, the transaction limits applicable to your Debit Flex Account, and the other terms and conditions of this Agreement and the Service Agreements.  All ATM transactions are treated as cash withdrawal transactions.  You may use your Card at any ATM.  Any funds withdrawn from a POS device will be subject to the maximum amount that can be spent on your Card per day. 

(d) Original Credit Transactions. Original Credit Transactions (“OCTs”) are instant transfers of money from a third-party company or service directly into your Debit Flex Account using your Card. We do not control the initiation, amount, or timing of any OCT sent by a third-party company or service. The exact timing of an OCT transaction depends on the third-party company or service initiating the OCT. Generally, OCTs arrive in minutes but may take longer to transfer to your Debit Flex Account.

(e) Limits. Card transaction limits are the maximum amounts that you can spend or withdraw using your Card subject to the time periods described. 

• Per-Transaction Spending Limit: $7,000.00 per transaction 

• Daily Spending Limit: $7,000.00 per day

• Seven-day Spending Limit: $10,000.00 per seven-day period 

• Thirty-day Spending Limit: $25,000.00 per thirty-day period

• Withdrawal Limit for ATMs and POS devices: $1,000.00 per week, excluding fees

• OCTs: $10,000.00 per day, up to 62 deposits per month

To the extent permitted by applicable law, we reserve the right to (i) change the transaction limits, (ii) limit, block, or place a hold on certain types of transactions; and (c) limit, suspend, or block certain transactions with particular merchants or other entities. ATM, POS, and other electronic terminal operators may impose their own lower limits. In order to protect your Card, we may temporarily impose limits on the dollar mount, number, and type of transaction performed on your Card.  

If you use your Card number without presenting your Card (such as for a mail order, telephone, or internet purchase), the legal effect will be the same as if you had used the Card itself. Card restrictions include, but are not limited to: restricted geographic or merchant locations where there is a higher risk of fraud or illegal activity; restrictions to comply with laws or prevent our liability; and other restrictions to prevent fraud and other losses. For security reasons, we may, with or without prior notice, limit the type, amount, or number of transactions you can make on your Card.  You may not use your Card for illegal online gambling or any other illegal transaction. We may increase, reduce, cancel, or suspend any of the restrictions or add new ones at any time. Your Card cannot be redeemed for cash.  

8. Fee Schedule

All fees assessed by us are deducted from the available balance in your Debit Flex Account. If your Debit Flex Account does not have sufficient funds available for an attempted ATM or other withdrawal, including any fees charged by us, Cash App, or an individual ATM operator, the transaction may be declined.

These are our fees. You may also be charged a fee by any retailers, electronic terminal operators, or other financial institutions in your transaction.

• Card Ordering:  No fee for standard Card. You may choose to purchase a non-standard card and/or customize your Card, price varies based on card, style, and design and will be disclosed at the point of selection. 

• Expedited Card Shipping: $15.00

• Replacement Card (standard): $5.00 per card

• Replacement Card (metal): $50.00 per card 

• ATM Withdrawal Fee (in-network, domestic and international): $2.50 per withdrawal*

• ATM Withdrawal Fee (out-of-network, domestic and international): $2.50 per withdrawal (You may also be charged a fee by the ATM operator)  

• Cash Back at Point-of-Sale (domestic and international): $0.00

• Foreign Transaction Fee: 3.00%* 

*This fee can be lower if you (a) spend $500 or more in Qualifying Purchases or (b) receive $300 or more in Qualifying Deposits in any given month “Qualifying Purchases”and “Qualifying Deposit” are defined in the Cash App Terms of Service.

9. Preauthorized Transfers

Your Card may not be used to authorize reoccurring or preauthorized Card transactions directly through merchants, Internet service, utility service providers, or similar third parties.  If a merchant submits a request for a preauthorized Card transaction, the preauthorized transfers may be declined and payment to the merchant or provider will not be made. We are not obligated to stop payment on any such preauthorized transfer, and your Card may be subject to closure if preauthorized transfers are attempted or completed.

10. Non-Visa Debit Transactions

Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on another network. If you do not enter a PIN, transactions may be processed as either a Visa debit transaction or on another network transaction. Should you choose to use a non-Visa network when making a transaction without a PIN, different terms may apply.  

To initiate a Visa debit transaction at the POS, swipe, tap, insert or otherwise use the Card through a POS terminal, sign the receipt, or provide the 16-digit Card number for a mail order, telephone, or Internet purchase.  To initiate a non-Visa debit transaction at the POS, enter the PIN at the POS terminal or provide the 16-digit Card number after clearly indicating a preference to route the transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases. 

11. Afterpay on Cash App Card Transactions

For eligible customers with a Card, Cash App may arrange for a lending partner to provide you with access to loans that will allow you to pay for certain Card Transactions in installments (each an “Afterpay Loan”). Each Card transaction made with the Afterpay toggle on is an “Afterpay on Cash App Card Transaction.” Issuer is not your lender or your creditor for Afterpay on Cash App Card Transactions. Afterpay on Cash App Card Transactions are governed by the Cash App Terms of Service, the Afterpay on Cash App Card Loan Agreement, available at https://cash.app/legal/us/en-us/afterpay-on-cash-app-card-loan-agreement, and any other applicable agreements between you and the financial institution making the loan (collectively, the “Afterpay Loan Agreements”), including any rights and obligations regarding those transactions that are governed by Regulation Z. To the extent there is a conflict between the Afterpay Loan Agreements and this Agreement, the Afterpay Loan Agreements control only with respect to Afterpay on Cash App Card Transactions.

12. Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to the Card for such refunds and agree to the refund policy of that merchant.  Any merchant disputes, returns, or refunds must be addressed and handled directly with the merchant from whom the transaction posted or those goods or services were provided.

13. Card Expiration and Replacement

Your Card will expire no sooner than the expiration date printed on the back of it. You will not be able to use your Card after the expiration date. When your card expires, we will take reasonable steps to notify you to reorder your card before the Card’s expiration date. In some circumstances, we may issue you a new Card when your Card expires. 

If you need to request a replacement Card, including reporting a lost or stolen Card, you can do so in the app by tapping the Card, then scroll down and select “Get card support” or call Cash App Support.  You will be required to provide personal information which may include your full name, transaction history, copies of accepted identification, and other relevant information.  There may be a fee for replacing a lost, stolen or damaged Card or for expedited delivery of an additional Card; for more information about the delivery options and applicable fees, see the section labeled “Fee Schedule.”

14. Foreign Transactions

You may use the Card to make purchases everywhere Visa is accepted, subject to the available balance in your Debit Flex Account, the transaction limits applicable to your Debit Flex Account, and the other terms and conditions of this Agreement and the Account Agreement. If you make a purchase in a currency other than U.S. dollars, the amount of the transaction will be converted by Visa into U.S. dollars.  The exchange rate applied to the transaction is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date.  If you make a purchase in a currency other than U.S. dollars, the Issuer may assess a Foreign Transaction Fee of 3%, which is based on the U.S. dollar amount of the transaction.  Transactions made outside the fifty (50) U.S. states and the District of Columbia are also subject to this Foreign Transaction Fee even if they are completed in U.S. currency.

15. Receipts

You should get a receipt at the time you make a transaction using your Card.  You agree to retain receipts in order to verify or reconcile your Card transactions.  

16. Account Statements

You will get a record of Card transactions through your Debit Flex Account statement. See your Account Agreement for more information. 

17. Confidentiality and Privacy Policy

Your privacy is important to us. We may disclose information to third parties about your Card or the transactions you make:

1. Where it is necessary for completing transactions; 

2. In order to verify the existence and condition of your Card for a third party, such as a merchant; 

3. In order to comply with government agency, court order, or other legal or administrative reporting requirements;

4. If you consent; 

5. To our employees, auditors, affiliates, service providers, or attorneys as needed; 

6. As otherwise necessary to fulfill our obligations under this Agreement; and 

7. As otherwise provided in our Privacy Policy. You understand that by ordering a Card, you consent to the collection, use, and disclosure of your information as set forth in this Agreement and our Privacy Policy available at https://cash.app/legal/us/en-us/issuingbankprivacynotices.

18. Our Liability for Failure to Complete Transactions

If we do not properly complete a Card transaction on time or in the correct amount according to this Agreement, we will be liable for your losses or damages.  However, there are some exceptions.  We will not be liable, for instance:

1. If through no fault of ours, you do not have enough funds available in your Debit Flex Account to complete the Card transaction;

2. If a merchant refuses to accept your Card;

3. If an ATM or other electronic terminal where you are making a cash withdrawal does not have enough cash or the amount exceeds the limit imposed by the operator;

4. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;

5. If access to your Card has been blocked after you reported your Card lost or stolen;

6. If there is a hold or funds in your Debit Flex Account are subject to legal or administrative process or other encumbrance restricting their use;

7. If we have reason to believe the requested transaction is unauthorized;

8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or

9. Any other exception stated in this Agreement.

19. Your Liability for Unauthorized Card Transactions (excluding Afterpay on Cash App Card Transactions)

Tell us AT ONCE if you believe your Card or PIN has been lost or stolen, or if you believe that a Card transaction has been made without your permission or you could lose all the money in your Debit Flex Account. You may contact us through your Debit Flex Account in the app, or by contacting Cash App Support. You could lose all the money in your Debit Flex Account. If you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your Card without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card or code, and we can prove we could have stopped someone from using your Card or code without your permission if you had told us, you could lose as much as $500.

Under Cash App’s zero fraud liability protection, you will not be liable for unauthorized transactions on your Card if you notify us within 60 days after we send you the statement reflecting the unauthorized transfer. If you fail to provide notice within the 60 day period, you will not be liable for any unauthorized transactions during the initial 60 day period. However, you may not be entitled to a refund of any money lost from any unauthorized transaction that occurs after the 60 days if we can prove that we could have stopped someone from taking the money had you provided timely notice. If there are extenuating circumstances that prevented you from notifying us within the required time, we will extend the time period for a reasonable period. This zero fraud liability protection applies to “unauthorized electronic fund transfers” as defined under Regulation E. See the Cash App Terms of Service, Section XII. Transaction Information and Disputes, for additional information regarding Regulation E.

20. Mutual Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU, ON THE ONE HAND, ISSUER AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING, OR DELIVERING THE SERVICES RELATED TO THE CARD, ON THE OTHER HAND, WILL BE LIABLE FOR DAMAGES TO THE OTHER FOR ANY NON-PECUNIARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING FOR IMPAIRMENT OF REPUTATION OR STANDING IN THE COMMUNITY, HUMILIATION, MENTAL ANGUISH, LOST PROFITS, OR EMOTIONAL DISTRESS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ANY SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS, AND IN SOME CASES APPLICABLE LAW, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, THE ABOVE LIMITATIONS DO NOT APPLY WHERE PROHIBITED BY LAW.

EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE

21. Information About Your Rights to Dispute Errors Related to Card Transactions

The following section applies to electronic funds transfers as governed by Regulation E, Subpart A. Terms detailed in this section shall have the same meaning as used in Regulation E, including the definition of “error.” For rights, obligations, and information regarding resolving errors related to Afterpay on Cash App Card transactions, please see the next section.

In case of errors or questions about your electronic transfers, contact Cash App Support in app or at the Phone Number or Address provided below as soon as possible if you think an error has occurred involving your Card, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

a.  Contact us through the app:

• Open your profile and tap Support

• Tap Cash Card

• Scroll to and tap Dispute a Purchase

• Follow the prompts. Once complete we’ll send you a form to initiate an investigation.

b.  Call us at 1-800-969-1940. Please note (1) this is the only phone number customers can call for Cash App Support, and (2) a Cash App representative will never ask you for your password, PIN, or full debit card number.

c.  Write us at Block, Inc., Attn: Cash Disputes, 1955 Broadway Street, Suite 600, Oakland, CA 94612.

We must hear from you no later than 60 days after the date we sent the FIRST statement on which the error appeared. 

(1) Tell us your name and Debit Flex Account Information (including $Cashtag, email and/or phone number);.

(2) Why you believe there is an error, 

(3) The dollar amount involved; and 

(4) Approximately when the error took place.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Debit Flex Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Debit Flex Account.

For errors involving new Debit Flex Accounts, POS transactions, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Debit Flex Accounts, we may take up to 20 business days to credit your Debit Flex Account for the amount you think is in error.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error resolution process, contact Cash App Support.

22. Errors Related to Afterpay on Cash App Card Transactions

Afterpay on Cash App Card Transactions are governed by the Afterpay Loan Agreements, including rights and obligations governed by Regulation Z around billing error resolution and unauthorized transactions. Consult the Afterpay on Cash App Card Loan Agreement available at https://cash.app/legal/us/en-us/afterpay-on-cash-app-card-loan-agreement for more information about your rights to dispute Afterpay on Cash App Card Transactions. 

23. English Language Controls

Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

24. Assignment, Waiver, and Governing Law

Your Card and your obligations under this Agreement may not be assigned.  We may transfer our rights under this Agreement.  Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions.  We do not waive our rights by delaying or failing to exercise them at any time.  If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.  This Agreement will be governed by the law of the State of South Dakota without regard to conflict of laws principles, and except to the extent this Agreement is governed by federal law.

25. Amendment and Cancellation, Survival

We may amend or change the terms and conditions of this Agreement at any time. You will be notified in advance of any change in the manner provided by applicable law and prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may close your Card by contacting Cash App Support. The termination of your Card or this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination and such rights shall survive the termination of this Agreement. 

26. Telephone Monitoring and Recording

You agree that from time to time, without further notice to you, we may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our customer service or as required by applicable law.

27. Dispute Resolution - Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND US TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU OR WE CAN SEEK RELIEF UNLESS YOU OPT OUT OR ARE A “COVERED BORROWER” AS DEFINED BY THE MILITARY LENDING ACT.

General and Class Action Waiver: Unless prohibited by the Military Lending Act, you and we agree that any and all Disputes (as defined below), 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 THIS AGREEMENT WILL ONLY BE ON AN INDIVIDUAL BASIS. TO THE EXTENT PERMISSIBLE BY LAW, YOU AGREE THAT THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED AS A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION (“CLASS ACTION WAIVER”). THIS MEANS THAT YOU MAY NOT SEEK RELIEF ON BEHALF OF ANY OTHER PARTIES IN ARBITRATION, INCLUDING BUT NOT LIMITED TO SIMILARLY AGGRIEVED CLAIMANTS. THE ARBITRATOR’S AUTHORITY TO RESOLVE ANY DISPUTE AND TO MAKE WRITTEN AWARDS WILL BE LIMITED TO YOUR INDIVIDUAL CLAIMS.  YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER OUR AGREEMENT. Notwithstanding the foregoing, 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 this Section 27 is found unenforceable, including the Non-binding 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).

For purposes of this Section 27, “Disputes” are defined as any claim, controversy, disagreement, dispute, or cause of action 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, disagreement, dispute or cause of action 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.

Waiver of Jury Trial: TO THE FULLEST EXTENT PERMITTED BY LAW, WE BOTH AGREE TO WAIVE OUR RIGHT TO A JURY TRIAL. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Pre-Filing Requirement to Attempt to Resolve Disputes: 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. All parties 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 (“Dispute Notice”) and personally meet and confer to informally resolve any Dispute. Any Notice to us should be sent by mail to Block, Inc., Attn: Arbitration Agreement, 1955 Broadway, Suite 600, Oakland, CA 94612. Any Dispute Notice sent to you will be mailed to the address on file for your Account. The Dispute Notice must: (i) include your name, mailing address, $Cashtag, 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 Dispute Notice is only valid when it pertains to, and is on behalf of, an individual party. A Notice brought on behalf of multiple parties is invalid as to all. Both parties agree that they will attempt to resolve a Dispute through an informal negotiation within sixty (60) days from the date the Dispute 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 an effort 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 where permitted, litigation); multiple parties initiating claims cannot participate in the same informal resolution conference, unless mutually agreed to by all of the parties. If you are represented by counsel, your counsel may attend and participate in the conference, but you are required to attend and to 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 Section.  

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 arbitration or litigation commenced in a small claims court. The party receiving the written notice shall then have seven (7) days to respond, including to elect for the case to be heard by a small claims court of competent jurisdiction. After that seven (7) day period has passed, 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 Sioux Falls and County of Minnehaha, South Dakota or the United States District Court for the District of South Dakota , referenced below, may enter injunctive relief to enforce the pre-filing requirements of this Section, including an injunction to stay an arbitration that has been commenced in violation of this Section. Each party also agrees that state courts in the City of Sioux Falls and County of Minnehaha, South Dakota or the United States District Court for the District of South Dakota may address whether a claim filed in small claims court or in arbitration has been previously released.

This Pre-Filing Requirement to Attempt to Resolve Disputes found in this section does not apply to errors that you initially seek to be corrected under Regulation E, Subpart A as described in Section 20 of this Agreement; provided, however, that if you disagree with our handling of an alleged error under Section 20 of this Agreement, you must follow the Pre-Filing Requirement to Attempt to Resolve Disputes outlined in this Section.

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 this Agreement (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including but not limited to waiver, delay, laches, or estoppel.

Small Claims Court: Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. Where a party has submitted an arbitration demand to the arbitration provider, and at anytime before an Arbitrator has been selected or appointed, if the Dispute 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 electing to have the Dispute heard in that small claims court, and the arbitration provider shall also be sent that notice and shall dismiss the arbitration case so  that the Dispute can be decided in small-claims court. Upon receipt of such notice, and if all outstanding arbitration service fees have been paid, the arbitration provider shall then administratively close the case.

Arbitration Procedures: The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., including its procedural provisions, fully applies to this Agreement unless mandatory arbitration is expressly forbidden by the Military Lending Act as applied to your specific circumstances or you opt-out of this Agreement as provided herein.  For the avoidance of doubt, to the extent state law is relevant under the Federal Arbitration Act, the law of the State of South Dakota shall be applied without regard to conflict of laws principles. 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 residence as practicable. You and we may 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. For additional protection, upon either party’s request, the Arbitrator shall issue an order requiring that confidential information (including decisions or awards) of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must follow the court’s procedures for filing under seal. 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. The Arbitrator may award fees and costs as provided by the NAM Rules or to the extent fees and costs could be awarded in court on similar bases. This includes, but is not limited to, the ability of the Arbitrator to award fees and costs if the Arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose (as measured by the standards set forth under Federal Rule of Civil Procedure 11(b)), such as for the purpose of harassment or if the action was brought or litigated in bad faith). 

If you have a question about the arbitration process or to obtain a current copy of the NAM Rules, including but not limited to Comprehensive Dispute Resolution Rules and Procedures, Mass Filing Supplemental Dispute Resolution Rules and Procedures, and fee schedule, NAM’s Commercial Department can be contacted at [email protected] or by NAM’s website at www.namadr.com. 

Non-Binding 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 (a “Mass Proceeding”), the parties shall select twelve (12) individual arbitration demands (six (6) per side) for arbitration to proceed (“Non-Binding 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 24, to be part of a Mass Proceeding. In a Mass Proceeding, any party may request that the arbitration provider appoint a sole procedural arbitrator (“Procedural Arbitrator”) to determine initial questions that arise in the Non-Binding Bellwether Arbitrations, including whether the Non-Binding 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 24. 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. We shall pay the Procedural Arbitrator’s costs.

While the Non-Binding 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 Non-Binding Bellwether Arbitrations are adjudicated. Any applicable statute of limitations shall be tolled as to all other arbitrations other than the Non-Binding Bellwether Arbitrations, while such arbitrations are being held in abeyance while the Non-Binding Bellwether Arbitrations are decided. The tolling period will begin when the claimant first provided the Dispute Notice of its intent to initiate an informal resolution conference as described above.

All parties agree that the Non-Binding 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 with the Arbitrator or Procedural Arbitrator to complete each Non-Binding Bellwether Arbitration within one hundred and twenty (120) to one hundred to eighty (180) calendar days of its initial pre-hearing conference, unless otherwise mutually agreed by the parties.

Following resolution of the Non-Binding Bellwether Arbitrations, all parties agree to engage in a mediation of all remaining arbitration demands comprising the Mass Proceeding (the “Post-Bellwether Mediation”). The Post-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 Post-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 27, unless the parties mutually agree otherwise in writing.

All parties agree to cooperate in with the arbitration provider to implement the Non-Binding Bellwether Arbitration Procedures, including deferring any costs associated with any arbitration in a Mass Proceedings that are not included in the Non-Binding Bellwether Arbitrations until the Non-Binding Bellwether Arbitrations and subsequent Post-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 Non-Binding Bellwether Arbitration Procedures shall in no way be interpreted as authorizing a class, collective, consolidated, representative 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 27.

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 us also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users of the Card. If we initiate an arbitration against you, we shall pay all fees. The applicable section of the NAM Rules and fee schedules will govern if the case is a part of a Mass Filing.

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 the enclosed written opt-out notice (the “Opt Out”) within thirty (30) days after you first receive a Card. The Opt Out must be mailed to Block, Inc., Attn: Arbitration Agreement – Bancorp, 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 apply for a Card. This is the only way of opting out of this arbitration agreement. Opting out will not affect any other aspect of this Agreement, and will have no effect on any future agreements you may reach to arbitrate with us. 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.

Court Proceedings: Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City of Sioux Falls and County of Minnehaha, South Dakota or the United States District Court for the District of South Dakota.

This Card is issued by The Bancorp Bank, N.A., pursuant to a license from Visa U.S.A. Inc.