As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-arbitrator-except-procedural
Each party agrees that state courts in the City of Oakland and County of Alameda, California, or federal court for the Northern District of California, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph. ... 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.
Company’s fee promise
Reviewed category: mass-proceeding-fees-only
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 ... The Company shall pay the Procedural Arbitrator’s costs.
Fee or cost shifting against the consumer
Reviewed category: pre-filing-noncompliance-costs
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.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
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.
Mass-arbitration terms
Reviewed category: staged-bellwether
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”)
Small-claims carve-out
Reviewed category: available-standard-carve-out
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
Opt-out
Reviewed category: general-with-window
To reject this agreement, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you first create a Cash App Account, or for existing customers who agree to this as a terms update, within thirty (30) days of agreeing to such updated terms. ... This is the only way of opting out of this arbitration agreement.
Unilateral modification
Reviewed category: continued-use-is-acceptance
We may amend these Cash App Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website, or by communicating it to you through the Services (each a “Revised Version”). Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined in Section XXIII.19) that arose before the changes will be governed by the Cash App Terms in place when the Dispute arose.
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
“Disputes” are defined as any claim, controversy, or dispute between you and the Company, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of these Terms, and including any claim, controversy, or dispute based on any conduct of you or the Company that occurred before the effective date of these Terms
Confidentiality of the arbitration
Reviewed category: proceeding-confidential
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.
Shortened limitations period
Reviewed category: silent
No provision on this field was extracted from the captured text.
Severability if the class waiver is struck
Reviewed category: narrow-severance
If any term of this arbitration agreement in Section XXIII.20 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).
Counsel or representation restrictions
Reviewed category: individualized-conference-required
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.
Mass-arbitration numeric trigger
Reviewed category: bellwether-trigger
Stated term: “twenty-five (25) or more” similar individual arbitration demands — recorded as 25
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
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