CASH APP VISA DEBIT FLEX CARDHOLDER AGREEMENT
Effective: February 4, 2026
Last Updated: February 4, 2026
Sutton Bank
CUSTOMER SERVICE CONTACT INFORMATION (“CUSTOMER SERVICE”):
Address: Block, Inc., formerly known as Square, Inc., 1955 Broadway Street, Suite 600, Oakland, CA 94612, Attn: Customer Support – Legal
Website: https://cash.app/support
Toll-Free Customer Service Number: 1-800-969-1940
IMPORTANT-PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. YOU MAY REJECT THE ARBITRATION PROVISION BY SENDING US WRITTEN NOTICE WITHIN 30 DAYS AFTER YOU FIRST RECEIVE A CARD. WE DO NOT ISSUE, MAINTAIN, OR SERVICE YOUR CASH APP ACCOUNT, WHICH IS OFFERED BY THE COMPANY, A SEPARATE ENTITY THAT WE ARE NOT AFFILIATED WITH. THIS MEANS IF YOU CHOOSE TO ACCESS THE FUNDS IN YOUR CASH APP ACCOUNT BY ANY MEANS MADE AVAILABLE TO YOU AS A CASH APP CUSTOMER BESIDES USING YOUR CASH APP CARD, INCLUDING PEER-TO-PEER PAYMENTS, YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY AND ALL MANNER OF INACCURACY, DELAY, THEFT, OR OTHER LOSS OF FUNDS THAT MAY RESULT.
FOR QUESTIONS OR ASSISTANCE, PLEASE CONTACT CUSTOMER SERVICE AT 1-800-969-1940 OR IN THE CASH APP.
TABLE OF CONTENTS
1. This Agreement. This Cash App Visa Debit Flex Card Agreement (this “Agreement”) represents an agreement between you and Sutton Bank (the “Bank”), and outlines the terms and conditions governing the Cash App Visa Debit Flex Card Program (the “Program”). This Program is provided in conjunction with the Cash App services (the “Cash App Services”) offered by Block, Inc. (the “Company”). The terms for participating in the Cash App Services are governed by the Cash App Terms of Service (available at https://cash.app/legal/us/en-us/tos (“Cash App Terms of Service”)), and other agreements between you and the Company that applies to your use of the Cash App Services (collectively, the “Service Agreements”). The Bank is not a party to the Service Agreements and has no responsibility or liability to you for the Cash App Services. In the event of an inconsistency between this Agreement and the Service Agreements, this Agreement shall govern and control only with respect to Card transactions funded from your Debit Flex Account, use of the Card, and your relationship with the Bank.
Please read this Agreement carefully and keep it for future reference.
THIS AGREEMENT INCLUDES, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER, A JURY TRIAL WAIVER AND YOUR AUTHORIZATION FOR THE CASH APP DEBIT FLEX ACCOUNT (AS DEFINED BELOW) TO BE CHARGED FOR ALL FEES ASSOCIATED WITH THE PROGRAM. PURSUANT TO THIS AGREEMENT, BY ACTIVATING OR USING YOUR CARD OR PARTICIPATING IN THE PROGRAM IN ANY WAY, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE CASH APP TERMS OF SERVICE AND CASH APP’S AND SUTTON’S PRIVACY POLICIES. PLEASE VISIT https://cash.app/legal (THE “CASH APP TOS WEBSITE”) TO VIEW, PRINT, AND SAVE THIS AGREEMENT AND PLEASE VISIT https://www.suttonbank.com/privacy-policy.html (“PRIVACY POLICY”) TO VIEW, PRINT AND SAVE OUR PRIVACY POLICY.
2. Definitions. “Card” means the Cash App Visa® Debit Flex Card issued by Bank through which you can make purchases and cash withdrawals as described in Section 17. Each Card will be a physical card and a virtual card, each represented by the same 16-digit account number. “Cash App” means a payment service and financial platform offered by the Company. “You” and “your” mean the person who receives a Card and is authorized to use a Card as provided for in this Agreement. “We,” “us,” and “our” mean the Bank and its successors, affiliates, and assignees.
Capitalized terms used and not defined herein shall have the meanings assigned to them in the Cash App Terms of Service.
3. Fee Schedule. Below is a list of all fees we impose in connection with the Card.
Card Ordering: No fee for standard Card. You may choose to purchase a non-standard Card and/or to customize your card, price varies based on card, style and design.
Expedited Card Shipping: $15.00.
Card Replacement Fee (standard): $5.00 per card.
Card Replacement Fee (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 POS (domestic and international): $0.00.
Foreign Transaction Fee: 3.00%* This is our fee. You may also be charged a fee by any retailers or other financial institutions involved in your transaction.
* Our fee may be waived if you make sufficient deposits or purchases, see the Cash App Terms of Service for more details.
4. IMPORTANT INFORMATION ABOUT OPENING AN ACCOUNT. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU REQUEST TO OPEN AN ACCOUNT WITH THE COMPANY, THE COMPANY WILL ASK YOU TO PROVIDE YOUR NAME, PHYSICAL ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. THE COMPANY MAY ALSO ASK YOU TO PROVIDE YOUR SOCIAL SECURITY NUMBER. BY ACCEPTING THE CARD, YOU CONFIRM YOU HAVE AUTHORIZED THE COMPANY TO PROVIDE US WITH THIS INFORMATION.
5. Electronic Disclosures and Communications.
a. Your Consent. TTo the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to this Agreement electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.
b. Your Right to Withdraw Your Consent. Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by writing to the Company at Block, Inc., 1955 Broadway Street, Suite 600, Oakland, CA 94612, Attn: Customer Support - Legal (“the Company Address”). If you withdraw your consent to receive Communications electronically, we will cancel your Card, and you will no longer be able to use your Card or participate in the Program, except as expressly provided in this Agreement. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
c. You Must Keep Your Contact Information Current With the Company. In order to ensure that we are able to provide Communications to you electronically, you must notify the Company of any change in your email address and your mobile device number or other text message address by updating your profile on the Cash App.
We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.
We cannot accept responsibility for any email messages not received by you, or for any delay in the receipt or delivery of any email notifications. If you make your email account available to any other individual, you agree that you are responsible for any release of any Account information to such individual.
d. Copies of Communications. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
e. Hardware and Software Requirements. In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address or phone number; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) Current Version web browser that includes 256-bit encryption; the minimum recommended browser standards are the most recent versions of Mozilla Firefox (see http://www.mozilla.com for latest version), Apple Safari (see http://www.apple.com/safari for latest version), or Google Chrome (see http://www.google.com/chrome for latest version); (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.
f. Changes. We reserve the right, in our discretion, to communicate with you in paper form. In addition, we reserve the right, in our discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating this Agreement on Cash App Website or delivering notice of such termination or change electronically.
6. Participating in the Program. In order to participate in the Program, you must meet the following requirements (collectively, the “Eligibility Requirements”): (a) you must have and maintain a Debit Flex Account; (b) you must accept and agree to this Agreement, our Privacy Policy, the Cash App Terms of Service (located at https://cash.app/legal/us/en-us/tos), and the Cash App Privacy Policy (located at https://cash.app/legal/us/en-us/privacy); (c) you must be a resident of the US of at least 18 years of age (or older if residing in a state where the majority age is older); and (d) provide the Company, which may provide us, with all requested information, such as name, date of birth, physical address, email address, social security number, and such other information as we may request from time to time (collectively, “User Information”). By requesting a Card, you represent and warrant that you meet and will continue to meet the Eligibility Requirements throughout your participation in the Program. You agree to promptly notify the Company of changes to any User Information. If we approve your request for a Card, we will issue you a Card.
7. Card. The Card is issued by the Bank. The Card is not a gift card or gift certificate. The Card remains the property of the Bank and must be surrendered upon demand. The Card cannot be redeemed for cash. The Card is not for resale and may not be transferred or assigned. The Card is non-transferable 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 cancel 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 applicable law or the terms of this Agreement. Use of the Card is described further in Section 17.
8. Afterpay on Cash App Card. The Company may allow you to use the Debit Flex Card for Afterpay on Cash App Card Transactions (as defined in the Cash App Terms of Service). Bank is not your lender or your creditor and does not provide Afterpay on Cash App Card Transactions (as defined in the Cash App Terms of Service) services. Afterpay on Cash App Card Transactions are governed by the Cash App Terms of Service, the Afterpay Loan Agreement (as defined in the Cash App Terms of Service) and any other applicable agreements between you and the financial institution making the loan (collectively, the “Afterpay Agreements”). To the extent there is a conflict between the Afterpay Agreements and this Agreement, the Afterpay Agreements control only with respect to Afterpay on Cash App Card Transactions.
9. Obtaining A Physical Card. To obtain a physical Card follow the directions provided by the Company via Cash App. When you request a physical Card, it may take up to 7 - 10 business days before you receive the Card.
10. Activating Your Card. Your Card will be virtual and physical, and you must activate your Card before it can be used. You may activate your Card by following any directions for activation provided by the Company via Cash App.
11. Setting a PIN & PIN Security. You must activate your Card and set a PIN before it can be used. The PIN for your physical Card and virtual Card will be the same number. You will need to set a PIN for your virtual Card when you choose to add your Card to a digital wallet. (See Adding Your Card to a Digital Wallet.) If you receive a physical Card and have not yet set a PIN for your virtual Card, you will need to set a PIN for your physical Card when you activate your Card. If you receive a physical Card and have already set a PIN for your virtual Card, the PIN that you set for your virtual Card will be the PIN for your physical Card. When selecting a PIN, you should not use numbers or words that appear in your wallet (e.g., date of birth, address, or social security number). You must memorize your PIN and do not share it with anyone. Do not write the PIN on a Card or keep it in the same location as the Card.
12. Adding Your Card to a Digital Wallet.
a. You may elect to add your Card to one or more digital wallets (“Digital Wallets”) supported by the Bank and subject to the Terms for Adding Your Cash App Card to a Digital Wallet (“Digital Wallet Terms”).
b. The Digital Wallet provider may allow you to conduct transactions at a point-of-sale (“POS”) device, and you may not be able to use your Card to perform transactions at such POS devices until you have selected a personal identification number (“PIN”) pursuant to this Agreement.
13. Card Security. Do not share your Card number or PIN with anyone. You should treat your Card number with the same care as you would treat cash. Either memorize your Card number or keep it in a safe place. Do not send your Card number in an email or text message. Make sure your Card number is secured with encryption when you use your Card to perform transactions over the internet or wireless networks. If you believe that anyone has gained unauthorized access to your Card number, you should contact Customer Service immediately, following the procedures in the paragraph labeled “Lost or Stolen Card.”
14. Lost or Stolen Card Number. Contact Customer Service immediately if you believe: (a) your Card or Card number has been lost or stolen, or (b) someone has made or could make a transaction using your Card without your permission. Contacting Customer Service by telephone at 1-800-969-1940 or by following the in-app support prompts is the best way to minimize your possible losses. If you report your Card lost or stolen, both your physical and virtual Card will be canceled and a new Card will be issued. If you need to replace any Card that is reported lost or stolen, you can do so within the Cash App by tapping the Card and tapping the Report Lost Card. You will be required to provide personal information which may include your Card number, full name, transaction history and other relevant information.
15. Sponsored Accounts.
a. If you meet the eligibility requirements set forth in the Service Agreements, you may, in the Bank’s discretion, authorize the usage of Cards for up to four (4) people who are over the age of 13 years old (each such individual, a “Sponsored Person”). To authorize the usage of a card by a Sponsored Person, you must first authorize the Sponsored Person’s use of an Account as described in the Service Agreements.
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 yourself and each 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 a Card, including but not limited to (a) any transactions made 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 Card for 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.
b. 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 user’s 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 or the Cash App Terms of Service.
c. Account Graduation. 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 3 of the Cash App Terms of Service (Cash App Accounts). Once the Sponsored Person’s information is verified, the previously Sponsored Person will become the owner of the Card you authorized for them, and you authorize the Sponsored Person to obtain their transaction history that is associated with such Card.
If the Sponsored Person does not provide the information described in Section 3 of the Cash App Terms of Service (Cash App Accounts), or if the Sponsored Person’s identity cannot adequately be verified based on the information provided, their Card may be restricted and/or terminated.
16. No Secondary Cardholders. Except in the case of a Sponsored Person, you may not request a Card for another person.
17. Using Your Card. You may use a Card to make purchases from merchants and obtain cash as described below.
a. Using your Card for Purchases. You may use your Card to make purchases at any merchant that accepts Visa debit cards or debit cards of other networks in which the Bank participates, 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. You may not use your virtual Card for making purchases at any vending machines, kiosks or gas station pumps. Except for Afterpay on Cash App Card Transactions (as defined in the Cash App Terms of Service), each time you use your Card, the amount of 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 (as defined in the Cash App Terms of Service), you are not allowed to exceed the amount of available funds 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. When making purchases with your Card at any POS device other than through a Digital Wallet provider, you may select “CREDIT” on the keypad to make a signature purchase. You may not use your Card for illegal transactions or transactions that are prohibited by us, Cash App and Cash App’s banking partners. We may temporarily “freeze” or entirely deactivate your Card and attempt to contact you if we notice transactions that are unusual or appear suspicious.
b. Merchant Holds on Available Funds. When you use your Card or Card number to initiate a transaction at certain merchant locations, websites or mobile applications, such as hotels, restaurants, gas stations, 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. The funds subject to the hold will not be available to you for any other purpose until the merchant sends us the final transaction amount. Once we receive the final transaction amount, it may take up to seven 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 at ATMs that display the Visa marks or at any point-of-sale (POS) devices that bear the Visa marks as permitted by the merchant, 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. For security purposes, we may, in our sole discretion, limit your use of your Card at ATMs or POS devices. In addition, ATM owners and operators and networks may impose additional limits and charges on cash access transactions, including a fee for a balance inquiry even if you do not complete a fund transfer. Read the ATM screen message carefully for information related to charges before you complete a transaction at an ATM.
18. Transaction Limits. This Section describes the maximum amount that you can spend, transfer or withdraw using your Card during the time periods described in this Section.
Per-Transaction Spending Limit. The maximum amount that can be spent using your Card is $7,000 per transaction.
Daily Spending Limit. The maximum that can be spent using your Card per day is $7,000.00.
Seven-Day Spending Limit. The maximum amount that can be spent using the Card in a seven-day period is $10,000.
Thirty-Day Spending Limit. The maximum amount that can be spent using the Card in a thirty (30) day period is $25,000.
Withdrawal Limits. The maximum amount that can be withdrawn at an ATM or a POS device is $1,000.00 per week excluding fees.
In order to protect your Card, we may temporarily impose limits on the dollar amount, number, and type of transactions performed using your Card. To the extent not prohibited by applicable law, we reserve the right to, immediately and without notice: (a) change the transaction limits; (b) limit, block, or place a hold on certain types of transfers or transactions: and (c) limit, suspend, or block transfers from particular persons, entities, or Cards.
19. Debit Flex Account Balance. You are responsible for keeping track of your Debit Flex Account balance. Merchants generally will not be able to determine your available balance. It is important to know the amount of available funds in your Debit Flex Account before performing a Card transaction. If you do not have sufficient available funds in your Debit Flex Account to cover the Card transaction amount, the transaction may be declined. Your available balance is determined in accordance with the Cash App Terms of Service.
20. Transaction History and Account Statements. You may obtain information about your Card transactions by logging into your Account at https://cash.app/ or via the Cash App. You will receive account statements reflecting your Card activity as set forth in the Cash App Terms of Service.
22. Transactions in Foreign Currencies. If you withdraw funds or make a purchase using your Card in a currency other than in U.S. dollars, the amount of the transaction will be converted by Visa into U.S. dollars. The applicable exchange rate will be 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. The exchange rate used on the central processing date may be different from the rate that was in effect on the date you performed the transaction. In addition, the Company will charge you a Foreign Transaction Fee of 3%, which is based on the U.S. dollar amount of the transaction, for all purchases with a merchant located outside the U.S., even if they are completed in U.S. currency.
23. Receipts. You should get a receipt for each Card transaction that is conducted at an ATM, POS terminal or other electronic terminal. You agree to retain, verify, and reconcile all Card transactions and receipts.
24. Refunds. You will not receive cash refunds for Card transactions. If a merchant gives you a credit for merchandise returns or adjustments, the merchant may do so by processing a credit adjustment to the Card. We are not responsible for the delivery, quality, safety, legality, or any other aspects of goods or services that you purchase with your Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were purchased.
25. Confidentiality and Privacy Policy. Your privacy is very important to us. You consent to our use and disclosure of information to third parties about you, your Card, and transactions related thereto: (a) as necessary to effect, administer, or enforce a transaction; (b) to protect against or prevent actual or potential fraud, unauthorized transactions, or other liability; (c) to comply with government agency or court orders; (d) as permitted and required by applicable law; and (e) as otherwise provided in our Privacy Policy. You understand that by participating in the Program, you consent to the collection, use, and disclosure of your information as set forth in this Agreement and our Privacy Policy available on our website located at https://www.suttonbank.com/privacy-policy.html.
26. Replacement Cards on Expiration. The expiration date of your Card is identified on the back of the Card. We may issue you a new Card when your Card expires. If you need to replace your Card for any reason, please contact Customer Service. You will need to provide certain User Information so we can verify your identity.
27. Our Liability to You. If we do not complete a Card transaction on time or in the correct amount according to this Agreement, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable if: (a) through no fault of ours, you do not have enough available funds in your Debit Flex Account to perform the transaction; (b) circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, or natural disaster) prevent or delay the transfer despite reasonable precautions taken by us; (c) the ATM, point-of-sale terminal, or other electronic terminal was not working properly, and you knew about the problem when you initiated the transaction; (d) the funds in your Debit Flex Account are subject to legal process or are otherwise not available for transactions; (e) the merchant refuses to accept your Card; (f) if access to your Card has been blocked after you reported your Card lost or stolen; (g) if we have reason to believe the transaction is unauthorized; (h) the transaction cannot be completed because your Card is damaged; (i) an ATM where you are making a cash withdrawal does not have enough cash; or (j) any other exception stated in this Agreement.
28. Errors or Questions About Your Card. Contact Customer Service at the 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 Card transaction.
a. Contact the Company through your Account in the app:
Open your profile and tap Support
Tap Cash App 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 the Company 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, social security number or full debit card number.
c. Write the Company at Block, Inc., Attn: Cash Disputes, 1955 Broadway Street, Suite 600, Oakland, CA 94612.
You must contact the Company no later than 60 days after we sent you the first account statement on which the error or problem appeared.
In order for us to investigate your claim, you will need to provide:
Your name and Account information (including $Cashtag, email and/or phone number);
Why you believe there is an error, and
The dollar amount involved.
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 the 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 funds during the time it takes us to complete our investigation. If we ask you to put your complaint 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, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate a 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.
The Company will tell you the results within 3 business days after completing an 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 Customer Service.
Afterpay on Cash App Card Transactions
Bank is not your lender or creditor with respect to any Afterpay on Cash App Card Transaction (as defined in the Cash App Terms of Service). Consult the Afterpay Loan Agreement for more information about your dispute and other rights related to your Afterpay on Cash App Card Transactions.
30. Assignment. To the extent permitted by applicable law, we may assign this Agreement without obtaining your consent. You may not assign or transfer your Card or this Agreement without our prior written consent.
31. Severability and Waiver. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected. We do not waive our rights by delaying or failing to exercise them at any time.
32. Amendment. We may add to, delete, or amend this Agreement at any time in our sole discretion without providing notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of this Agreement on the Cash App website or delivering notice of changes to you electronically.
33. Entire Agreement. This Agreement constitutes the entire and sole agreement between you and us with respect to the Program and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Program.
34. Cancellation and Suspension. To the extent not prohibited by applicable law, we may cancel or suspend your Card or this Agreement immediately, for any reason, and without notice to you. You may cancel your Card or this Agreement at any time by notifying Customer Service at the number or address provided below. Cancellation or suspension of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to such cancellation or suspension.
35. Business Days. Our business days are Monday through Friday 9 am to 5 pm Pacific Time, excluding federal holidays. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.
36. 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.
37. 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.
38. Website Availability. Although considerable effort is expended to make our website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.
You agree to act responsibly with regard to our website and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the website’s systems and integrity.
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.
39. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Ohio, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
40. Indemnification. At our request, you agree to defend, indemnify, and hold harmless us and our parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
41. LIMITATION OF LIABILITY. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer the Cards and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the Cards, any products or services purchased using Cards, or this Agreement (as well as any related or prior agreement that you may have had with us).
42. DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER.
General. You and the Bank agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be individually arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE CASH APP TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE BANK. Nothing in this agreement prevents you or the Bank from settling Disputes on a class, representative, or consolidated basis. If any term of this arbitration agreement is found unenforceable, including the Bellwether Arbitration procedures described below, the unenforceable term will be severed, and the remaining terms will be enforced (but in no case will there be a class action, consolidated action, mass action or representative action arbitration).
Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is commenced, you and the Bank agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Terms. To provide this opportunity, before commencing any arbitration, proceeding in small claims court, or lawsuit (when permitted by this arbitration agreement), each party agrees to send to the other party a written Notice (“Notice”) and personally meet and confer to informally resolve any Dispute. Any Notice to the Bank should be sent by mail to Sutton Bank, Attn: Legal Department, PO Box 505, Attica, OH 44807-0505. Any Notice sent to you will be mailed to the address on file for your account. The Notice must: (i) include your name, mailing address, $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 the Bank, as applicable. A Notice is only valid when it pertains to, and is on behalf of, an individual party. A Notice brought on behalf of multiple parties is invalid as to all. Both parties agree that they will attempt to resolve a Dispute through an informal negotiation within sixty (60) days from the date the Notice is received, and you and the Bank therefore agree that, before either you or the Bank demands or attempts to commence arbitration or litigation (where permitted) against the other, both parties will personally meet and confer, via telephone or videoconference, with each other in a good-faith effort to resolve informally any Dispute. These informal resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration or litigation (where permitted); multiple parties initiating claims cannot participate in the same informal resolution conference, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. Engaging in an informal resolution conference is a requirement that must be fulfilled before commencing arbitration or litigation (where permitted). Any statute of limitations shall be tolled while the parties engage in the informal resolution process required by this paragraph.
After that sixty (60) day period and not before, and after the informal resolution conference has occurred and not before, either party may elect, in a written Notice to the other party as described above, that it will pursue the matter either through small claims court or arbitration. The party receiving the notice shall then have seven (7) days to respond, including to elect for the case to be heard by a small claims court with jurisdiction. After that seven (7) day period and not before, either party may commence arbitration if not proceeding in small claims court with jurisdiction. You agree that compliance with the informal resolution process described above is a condition precedent to commencing arbitration or filing a claim in small claims court. A party’s failure to satisfy this condition precedent entitles the opposing party to seek immediate dismissal of the arbitration or litigation (where permitted) and the right to seek reimbursement of its costs. If either party elects small claims court, the Dispute will be resolved in that forum and not through arbitration. Each party agrees that state courts in the City of Attica and County of Seneca, Ohio, or federal court for the Northern District of Ohio, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph. Each party also agrees that state courts in the City of Attica and County of Seneca, Ohio, or federal court for the Northern District of Ohio may address whether a claim filed in small claims court or in arbitration has been previously released.
Scope of Arbitration. If we and you are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by National Arbitration and Mediation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules and Procedures and, when applicable, the NAM Supplemental Rules for Mass Arbitration Filings (together, the “NAM Rules”), and this section. In the event NAM is unavailable to administer the arbitration, either party may invoke 9 U.S.C. § 5 to request that a court appoint the Arbitrator. Except as set forth above, and for Disputes subject to jurisdiction in small claims court, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Cash App Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the arbitration provider but before an Arbitrator has been selected, and the claim is subject to the jurisdiction of the filing party’s local small claims court, the other party can send a written notice to the opposing party and the arbitration provider requesting that the Dispute be decided in small claims court. Upon receipt of such notice, and if all outstanding arbitration service fees have been paid, the arbitration provider shall then administratively close the case.
Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. So long as it is consistent with the NAM Rules, the arbitration shall occur through the submission of documents to one Arbitrator. To the extent the Arbitrator determines a hearing is required, the arbitration shall be conducted remotely by telephone or video conference. To the extent that the Arbitrator determines that an in-person hearing is required, the arbitration hearing will take place as close to your hometown as practicable. You and the Bank will have the right to file early or summary dispositive motions. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The Bank values your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an Arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect with respect to disputes involving other parties.
Bellwether Arbitration Procedures. You and the Bank agree that if twenty-five (25) or more similar individual arbitration demands are brought against you or us by or with the assistance of the same or coordinated counsel or entities (“Mass Proceeding”), the parties shall select twelve (12) individual arbitration demands (six (6) per side) for arbitration to proceed (“Bellwether Arbitrations”). The NAM Supplemental Rules for Mass Arbitration Filings shall apply if the parties’ dispute is deemed by NAM, in its sole discretion pursuant to the NAM Rules and this section, to be part of a Mass Proceeding. While the Bellwether Arbitrations are adjudicated, all other demands for arbitration that are part of the Mass Proceeding shall be held in abeyance and stayed, and no party shall be responsible for paying any administrator or arbitrator fees (other than the arbitration provider’s initial filing/administrative fees, and Procedural Arbitrator fees, if applicable) with respect to such stayed demands while the Bellwether Arbitrations are adjudicated. Any applicable statute of limitations shall be tolled as to non-Bellwether Arbitrations demands when such non-Bellwether Arbitrations are held in abeyance. The tolling period will begin when the claimant first provided the Notice of its intent to initiate an informal resolution conference as described above.
Any party may request, within five (5) Business Days of being notified by the arbitration provider that arbitration demand(s) have been filed, that the arbitration provider appoint a sole procedural arbitrator (“Procedural Arbitrator”) to determine initial questions that arise in the Bellwether Arbitrations, including whether the Bellwether Arbitration procedures are applicable or enforceable, whether any particular demand is part of a Mass Proceeding, and whether any particular demand within a Mass Proceeding was filed in accordance with this section. To expedite the Procedural Arbitrator’s resolution of any such initial questions, the parties agree that the Procedural Arbitrator may set forth such procedures as are necessary to resolve any such initial questions promptly. The Bank shall pay the Procedural Arbitrator’s costs.
All parties agree that the Bellwether Arbitration procedures are designed to be a generally faster, more efficient, and more affordable mechanism for resolving a Mass Proceeding, including the claims of individual parties who are not selected for a Bellwether Arbitration. All parties shall work in good faith with the Arbitrator or Procedural Arbitrator to complete each Bellwether Arbitration within one hundred and twenty (120) calendar days of its initial pre-hearing conference.
Following resolution of the Bellwether Arbitrations, all parties agree to engage in a mediation of all remaining arbitration demands comprising the Mass Proceeding (the “Bellwether Mediation”). The Bellwether Mediation shall be administered by the arbitration provider. If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Proceeding within thirty (30) calendar days following the Bellwether Mediation, the remaining demands for arbitration comprising the Mass Proceeding shall be administered by the arbitration provider on an individual basis pursuant to the arbitration provider’s rules and this section, unless the parties mutually agree otherwise in writing.
All parties agree to cooperate in good faith with the arbitration provider to implement the Bellwether Arbitration procedures, including deferring any costs associated with the non-Bellwether Arbitration Mass Proceedings until the Bellwether Arbitrations and subsequent Bellwether Mediation have concluded, and cooperate on any steps to minimize the time and costs of arbitration, which may include the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes and the adoption of an expedited calendar of the arbitration proceedings.
These Bellwether Arbitration procedures shall in no way be interpreted as authorizing a class, collective, or mass action of any kind, or an arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this section.
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 the Bank also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services and any third party using or providing any product, service or benefit in connection with the Card.
Opt Out. You may reject this arbitration agreement, in which case only a court may be used to resolve any Dispute. To reject this agreement, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you first receive a Card, or for existing customers who agree to this as a terms update, within thirty (30) days of agreeing to such updated terms. The Opt Out must be mailed to Block, Inc., Attn: Arbitration Provision - Sutton Debit Flex CHA, 1955 Broadway, Suite 600, Oakland, 94612 (please note that any correspondence not related to opting out sent to this address will not receive a reply). For your convenience, we are providing an opt out notice form you must fill in to Opt Out. You must complete this form by providing your name, address, $Cashtag, phone number and the email address(es) you used to sign up for and use the Services. This is the only way of opting out of this arbitration agreement. Opting out will not affect any other aspect of this Agreement or the Service Agreements, 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 Attica and County of Seneca, Ohio, or federal court for the Northern District of Ohio.
43. Miscellaneous.
Cash App Visa Debit Flex Cards issued by Sutton Bank, Member FDIC.
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