Last updated: October 15, 2024
Welcome to Cash App Taxes, a service provided by Cash App Taxes, Inc. We're excited to help you file your U.S. federal and state taxes. No fee filing!!
We've included annotations in the gray boxes below to emphasize certain portions of our notice and help guide you as you read them. The annotations are not summaries, so please take the time to read everything!
By accessing and using our Services (defined below), you are agreeing to these Terms of Service, the Cash App Taxes Privacy Policy, and any applicable Additional Terms (defined below) (collectively referred to as the "Agreement"). It is important to read our entire Agreement carefully as some of the provisions affect your legal rights.
THESE TERMS OF SERVICE INCLUDE AN AGREEMENT TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION THAT INCLUDES A CLASS ACTION WAIVER, AS WELL AS IMPORTANT DISCLAIMERS, WARRANTIES AND LIMITATIONS ON LIABILITY.
We're always happy to hear from you if you have any questions or suggestions. You can contact us via our help center or by snail mail at Cash App Taxes, Inc., 1955 Broadway Street, Suite 600, Oakland, CA 94612, Attention: Legal Department.
When we refer to our "Services," we mean the personal income tax preparation and filing assistance services owned and operated by Cash App Taxes, Inc. ("Cash App Taxes," "we," "our," or "us"), including the content, features, tools, data, software and functions made available by Cash App Taxes through https://cash.app/taxes, our mobile applications ("Apps"),and other websites or applications we operate, unless those websites or applications have posted separate or additional terms of service.
We may amend the Agreement at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or 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. Some of our Services may be subject to additional terms and conditions, including but not limited to the Cash App Terms of Service ("Additional Terms"), which are posted separately from these terms but are incorporated and form a part of the Agreement if you decide to use or access those features. If there is a conflict between applicable Additional Terms and these terms, the Additional Terms will control.
Cash App Taxes's tools and services are constantly changing, so you might see features come and go as we continue to improve our experience and services for members. We will sometimes need you to agree to special terms for certain features.
We care about your convenience and security, so we offer a single sign-on system with Cash App ("Cash App"). This means that you can use your Cash App account information to sign in to Cash App Taxes. If you have not registered for Cash App, you will need to do so before you can register for a Cash App Taxes member account to access our Services. If you have not registered or do not register for a Cash App account, you will not be able to access our Services.
By registering for a Cash App Taxes member account, you certify that:
You must not sell, transfer, or assign your account to anyone else. You must keep your password confidential, you must not share it and you may not allow anyone else to log into our Services as you. You are responsible for all activities that occur under your member account. If you believe that your account is no longer secure, notify us immediately via our help center.
We offer single sign-on with Cash App. Our Services require you to register as a Cash App Taxes member. If you decide to register, you're being truthful that you're a U.S. adult, you are who you say you are, and you won't let anyone else use your account.
When you register as a Cash App Taxes member, you authorize us to create and maintain an account in your name using your Cash App account registration information and other information that may be collected about you in accordance with the Cash App Taxes Privacy Notice as part of providing our Services (collectively, such information is your "Member Profile.").
When you register for an account, you're asking us to create your Member Profile.
Cash App Taxes is not an accountant or financial, tax, or legal advisor. Use of our Services is not a replacement for personal and professional advice or assistance regarding your taxes from a qualified tax professional. Based on the information you input into the Services, we may provide you recommendations about credits, deductions, and exemptions you may be eligible for or prompt you to complete additional tax forms. Any recommendations provided by our Services are dependent on accurate, complete, and updated information provided by you and we do not guarantee that the recommendations are in all cases appropriate or applicable to you.
Please consult a professional who can help with your specific financial, tax, or legal situation.
While Cash App Taxes helps you electronically file (or paper file) your income tax returns, you are responsible for your income tax returns and the accuracy and completeness of the information contained therein. It is critical that you review your return carefully before authorizing Cash App Taxes to submit your return to the IRS or state tax authorities.
You are solely responsible for the completeness, accuracy, and timely submission of your tax returns. Use of Cash App Taxes does not supplant your individual responsibilities and obligations to state and federal tax regulators.
It is your responsibility to provide Cash App Taxes with complete, accurate, and updated information. Our Services do not include any audit, tax planning, or tax structuring services. We do not offer you tax advice or legal advice about your unique tax situation and we urge you to consult with a qualified tax professional to help you determine whether the tax positions you take in your tax return filed through Cash App Taxes is appropriate for your situation and complies with applicable law. You agree that you are solely responsible for the positions contained in your tax returns. You further acknowledge and agree that Cash App Taxes is not responsible for determining or alerting you to as whether a tax-reporting position you have taken in filing your return using our Service is legally permissible or appropriate for your situation.You understand that taking aggressive tax-reporting positions may increase your risk of audit. Cash App Taxes is not obligated to assist you with any audits. If after using Cash App Taxes you are subsequently audited by a tax authority or regulator, you will be solely responsible for your defense and any costs, fees, or additional tax payments associated with the audit.
We don't provide tax structuring or tax legal advice. Depending on the choices you make in preparing your income tax returns and the positions you take in your income tax returns, you may be more or less likely to be audited. We are not responsible for the audit and cannot help you with audits.
Cash App Taxes offers e-filing services for U.S. federal income taxes and most states that permit e-filing to help you submit your tax returns. However, you remain responsible for filing your income tax returns (whether on paper or electronically) by the applicable deadlines. When e-filing is not available or you elect not to use e-file options through our Services, you may need to submit paper copies of your income tax returns to the IRS and/or state tax authorities by the appropriate deadlines. Your tax return is not filed until it is accepted by the applicable tax authority in the method and manner specified by the tax authority. Your return must be accepted by the applicable tax authority before it is considered filed.
You're solely responsible for filing your taxes on time and may need to mail in your income tax returns if e-filing is not available or if you choose not to e-file. The applicable tax authority has to accept your return before it is considered filed.
We control and operate our Services from the United States and we make no representations or warranties that the information, products, or services provided through our Services, or our Content (defined below), are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any of our Content to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.
We're based in the U.S. and our Services are meant for a U.S. audience only.
You must comply with all applicable laws when using our Services. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service. You are not permitted to use our Services to file income tax returns under false pretenses or in violation of applicable state or federal law.
You agree you won't use our Services to violate any applicable laws.
Our Services or communications to you may contain third party content or links to third party sites, applications or services (collectively, "Third Party Content"). Our Services may also include features that allow you to connect your Cash App Taxes account with accounts or services provided by third parties, such as accounts you maintain with financial institutions or social media platforms (collectively, "Third Party Service"). We do not control, maintain, or endorse the Third Party Content or Third Party Service, and we are not responsible or liable for any Third Party Content or Third Party Service, including any damages, losses, failures, or problems caused by, related to, or arising from Third Party Content or Third Party Service. Your interactions and business dealings with the providers of the Third Party Content or Third Party Service, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third Party Content or Third Party Service, including any privacy policies and terms of service, as they apply to your use of the Third Party Service or Third Party Content. We are not responsible for any information that you agree to share with third parties in connection with Third Party Content or Third Party Service.
We might show you information from other companies (or even connect you with them), but we're not legally responsible for anything they do. You should review their policies closely.
All content and materials, including visual interfaces, information, data, and computer code, provided by us through our Services (our "Content") and all related intellectual property rights are the property of Cash App Taxes and our third-party licensors. This Content is protected by U.S. and international intellectual property laws and treaties. You are permitted to use our Content only on our Services and subject to the rights and limitations outlined in these terms. You may not: (1) copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our Content, in whole or in part, without our express prior written consent; (2) reverse engineer or decompile any of our Services or the technology used to operate our Service; (3) access, tamper with, or use non-public areas of the Services, Cash App Taxes's computer systems, or the technical delivery systems of Cash App Taxes's providers; (4) attempt to probe, scan, scrape, or test the vulnerability of any Cash App Taxes system or network or breach any security or authentication measures; (5) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Cash App Taxes or any of Cash App Taxes's providers or any other third party (including another user) to protect the Services; (6) attempt to access or search the Services or download Content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Cash App Taxes or other generally available third-party web browsers; (7) use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these terms; (8) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (9) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; (10) impersonate or misrepresent your affiliation with any person or entity; (11) violate any applicable law or regulation; (12) share or upload content to the Services that is or may be illegal or inappropriate, including material that may be defamatory, obscene, harassing, offensive, fraudulent, objectionable or infringing; (13) use our Services to create a competing offering; or (14) encourage or enable any other individual to do any of the foregoing. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to use our Content except as expressly stated in the Agreement. We may terminate your use of our Services based on our reasonable suspicion that your activities, business or products are objectionable or promote, support or engage in any of the prohibited uses described above.
We've created a lot of cool stuff for you to use, read, and look at. Please don't reuse it without our written permission.
Cash App Taxes respects copyright law and expects its users to do the same. It is Cash App Taxes' policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright and IP Policy at https://cash.app/legal/us/en-us/copyright-trademark, for further information as this policy also applies to you. Cash App Taxes reserves the right to block or otherwise prohibit in our sole discretion any individual who repeatedly posts materials that are alleged to infringe the intellectual property rights of others. We may (but have no obligation to) monitor the use of our Services or our Content and may edit or remove any Content in our sole discretion. We may disclose any information necessary to satisfy our legal obligations, protect us, Cash App, Cash App Taxes or its customers, or operate our Services properly.
If you think something on our platform belongs to someone else, let us know (we've outlined the steps above).
You are solely responsible for anything you write, submit, receive, share and store or any data you input or upload into our Services (collectively, your "User Content"). User Content includes, but is not limited to, data, information, materials, documents, text, that are uploaded, transmitted, posted, generated, stored, or otherwise made available through our Services. You acknowledge certain functionality in our Services may be dependent on the provision of User Content such as uploading your W2, prior year returns, or related tax information and may not be available without such User Content. We may pull relevant tax return information and other information from User Content to provide you the Services and you authorize us to do so.
By making any User Content available through the Services you hereby grant to Cash App Taxes and its affiliates a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, publicly display, and publicly perform your User Content in connection with operating and providing our Services. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through our Services, nor any use of your User Content by Cash App Taxes on or through our Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on our Services to allow us to comply with our regulatory or other legal obligations or to provide you the contracted for Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
We encourage you to tell us how we can improve your Cash App Taxes experience. We may provide you with opportunities to send us comments, suggestions and other feedback regarding problems with, or proposed modifications or improvements to, our Services ("Feedback") through email, social media, feedback forms, surveys, our Help Center, and similar channels. By submitting, posting, or otherwise providing us your Feedback, you hereby grant us an exclusive, unrestricted, perpetual, irrevocable, transferable, sub-licenseable, royalty-free license to use your Feedback in any manner and for any purpose to provide, optimize, improve and promote or market our Services, and to create new products and services. This license includes the right to use your name, persona, user name, and likeness for the foregoing purposes without compensating you, all in accordance with our Privacy Notice.
We want to create a great experience for you, so please let us know what you think we could do better. You also give us permission to use your Feedback by giving it to us!
Cash App Taxes has the right, but not the obligation, to monitor our Services electronically. We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information (including Personal Information as defined in our Privacy Notice) as reasonably necessary to: (1) comply with any applicable law, regulation, subpoena, or legal process, or respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law; (2) enforce the Agreement, including to investigate potential violations; (3) protect the safety, integrity, rights, or security of our members, our Services or equipment, or any third party; or (4) detect, prevent, or otherwise address fraud, security, or technical issues related to our Services or the services of our business partners.
We need to be able to keep an eye on things to protect ourselves, our members and the public.
WE PROVIDE OUR SERVICES, OUR CONTENT, AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH OUR SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. CASH APP TAXES, ON BEHALF OF ITSELF, ITS AFFILIATES AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES OR OUR CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES, OUR CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH OUR SERVICES WILL CREATE ANY WARRANTY REGARDING CASH APP TAXES OR ANY OF OUR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE OUR SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN OUR CONTENT OR OTHER MATERIALS AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICES, YOUR DEALINGS WITH ANY OTHER MEMBER OR THIRD PARTY, AND YOUR USE OF OUR CONTENT OR OTHER MATERIALS AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICE), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES OR THE USE OF ANY OF OUR CONTENT OR OTHER MATERIALS AVAILABLE THROUGH OUR SERVICES. CASH APP TAXES DOES NOT GUARANTEE OR OTHERWISE ASSURE YOU OF ANY TAX OUTCOMES OR RESULTS AND ANY PENALTIES OR ADDITIONAL TAXES IMPOSED AFTER AN AUDIT, EXAMINATION, OR OTHERWISE ARE YOUR SOLE RESPONSIBILITY. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON OUR SERVICES.
YOU ACKNOWLEDGE THAT CASH APP TAXES IS SOLELY AN INTERMEDIARY BETWEEN YOU AND THE INTERNAL REVENUE SERVICE AND ANY STATE TAX AUTHORITIES, AS APPLICABLE. CASH APP TAXES EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR OUR SERVICES.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
We make no guarantees regarding your use of the Services to file taxes or otherwise and we are not responsible for any errors, audits, penalties, or other costs associated with Cash App Taxes.
CASH APP TAXES AND ITS REPRESENTATIVES, AGENTS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (COLLECTIVELY, THE "CASH APP TAXES PARTIES") WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, THE COST OF SUBSTITUTE SERVICES OF ANY KIND, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO OUR SERVICES OR OUR CONTENT.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9 (DISPUTE RESOLUTION AND ARBITRATION) OR REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL THE TOTAL LIABILITY OF THE CASH APP TAXES PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, OUR SERVICES OR OTHERWISE ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE FIVE HUNDRED UNITED STATES DOLLARS ($500.00).
IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE CASH APP TAXES PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
There are some circumstances where we will not be liable if transactions do not go through. Those circumstances are listed here.
You will defend (if requested by any Cash App Taxes Party), indemnify, and hold harmless the Cash App Taxes Parties from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by the Cash App Taxes Parties in connection with any claim by a third party arising out of or in any way related to: (1) your use of our Services, our Content or other materials available through our Services; (2) your violation or alleged violation of the Agreement or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party, including any provider of Third Party Content or Third Party Services. You must not settle any such claim or matter without the prior written consent of Cash App Taxes. The Cash App Taxes Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
You and Cash App Taxes agree that any and all "Disputes," defined as any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, 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 CASH APP TAXES. Nothing in this agreement prevents you or Cash App Taxes from settling Disputes on a class, representative, or consolidated basis. If any provision of this arbitration agreement is found unenforceable, including the Bellwether Arbitration procedures described below, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
Before an arbitration is commenced, you and Cash App Taxes 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 Agreement. To provide this opportunity, before commencing any arbitration proceeding in small claims court, or lawsuit (when permitted by this arbitration agreement), each party agrees to send to the other party a written Notice ("Notice") and personally meet and confer to informally resolve any Dispute. Any Notice to Cash App Taxes should be sent by mail to Cash App Taxes, Inc., Attn: Arbitration Provision, 1955 Broadway, Suite 600, Oakland, CA 94612. Please note that any other correspondence other than a Notice or an Opt Out sent to this address will not receive a reply. Any Notice sent to you will be sent 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; and (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 Cash App Taxes, 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 Cash App Taxes therefore agree that, before either you or Cash App Taxes 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 Oakland and County of Alameda, California, or federal court for the Northern District of California, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph. Each party also agrees that state courts in the City of Oakland and County of Alameda, California, or federal court for the Northern District of California may address whether a claim filed in small claims court or in arbitration has been previously released.
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 9. 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 Taxes Agreement (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
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.
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 Cash App Taxes 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. Cash App Taxes 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.
You and Cash App Taxes 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 9, 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 9. 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. Cash App Taxes 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 9, 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 9.
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 provision, references to you and Cash App Taxes also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.
You may reject this provision, in which case only a court may be used to resolve any Dispute. To reject this provision, you must send us an opt-out notice (the "Opt Out") within thirty (30) days after you create a Cash App Taxes account or we first provide you with the right to reject this provision. The Opt Out must be mailed to Cash App Taxes, Inc., Attn: Arbitration Provision, 1955 Broadway, Suite 600, Oakland, CA 94612. 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, phone number and the email address(es) you used to sign up 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 the Agreement or the Services, and will have no effect on any other or 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. Please note that any other correspondence other than a Notice or an Opt Out sent to this address will not receive a reply.
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 Oakland and County of Alameda, California, or federal court for the Northern District of California.
The Agreement is effective until your member account is deactivated by either you or Cash App Taxes and your use of our Service is discontinued. Notwithstanding the foregoing, any section of the Agreement that by its nature is intended to survive termination of the Agreement or your use or access to our Services or our Content will survive such termination.
The Agreement lasts until your account is deactivated and you completely stop using our Services (but there are a few parts that have to live on forever).
If you decide you want to deactivate your account you can do so by visiting the Cash App help page. Please see our Privacy Notice for more information about what we do with your information after you deactivate your account.
The Agreement and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 9 "Dispute Resolution and Arbitration" the exclusive jurisdiction for all disputes that you and Cash App Taxes are not required to arbitrate will be the state and federal courts located in San Francisco, California, and you and Cash App Taxes each waive any objection to jurisdiction and venue in such courts.
For purposes of this Agreement, "Tax" or "Taxes" includes any and all present or future taxes, charges, fees, levies or other assessments, including, without limitation, income, telecommunications, value-added, goods and services tax or similar taxes, stamp tax, gross receipts, excise, real or personal property, sales, withholding, social security, occupation, use, severance, environmental, license, net worth, payroll, employment, franchise, transfer and recording taxes, fees and charges, and any other tax, imposed by any domestic or foreign taxing authority. You are responsible and liable for any applicable Taxes that arise from or as a result of your use of the Services, and we specifically disclaim any obligation or liability for the determination, calculation, collection, payment or remittance of any such Taxes.
There are currently no fees for your use of the Services. We reserve the right to charge for or change the fees associated with the Services at any time subject to this Agreement. In such event, we may charge Taxes in connection with your use of the Services, as required by law, which you agree to pay, unless you provide us with timely appropriate, complete, and accurate information and documentation satisfying the legal and tax requirements of the relevant governmental or tax authority to establish that the otherwise applicable Tax is not required to be charged by us. Any such fees are quoted exclusive of applicable Taxes, unless otherwise indicated.
We may be obligated under applicable laws to report certain information to tax and revenue authorities ("Tax Information") and/or you with respect to your use of the Services. Upon request, you shall provide us with the necessary information and/or documentation to complete any applicable Tax Information reporting and recertify such information from time to time, as may be required by applicable law. If you use our Services you acknowledge that we will report to the applicable tax and revenue authorities the required Tax Information. We also may, but are not obligated to, send to you the Tax Information reported. You certify the information provided to us is accurate and consent to our use of such information as is necessary to fulfill our federal, state and local tax payment or withholding purposes and tax filing and tax information reporting obligations.
The terms of the Agreement (including the Privacy Notice and any Additional Terms) constitute the entire and exclusive agreement between Cash App Taxes and you in connection with your use of our Services or our Content.
We may modify the Agreement at any time at our sole discretion. We will post modifications to these Terms of Services on this page. If a change materially modifies your rights or obligations, you may need to accept the modified terms to continue to use our Service. Material modifications will take effect when you accept the modified terms; immaterial modifications will take effect when published. If you continue to use our Services after we have posted updates or modifications to these terms, our Privacy Notice or any Additional Terms, you are agreeing to the Agreement as modified.
Change happens. When it does happen, we will update this agreement. If the changes are material, you may need to accept the changes to use our Services.
Cash App Taxes's failure to enforce any of its rights or act with respect to a breach of by you or others of the Agreement does not constitute a waiver of any rights and will not limit Cash App Taxes's rights with respect to that breach or any subsequent breaches. No waiver by Cash App Taxes of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Cash App Taxes.
If we waive some of our rights under this Agreement, it doesn't mean we waive our rights in other circumstances.
Cash App Taxes may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our consent.
You can't transfer this agreement or your right to use the Services to someone else without our permission.
If any provision of the Agreement is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect. Nothing in the Agreement shall affect any non-waivable statutory rights or remedies that apply to you.
If a court or competent authority such as an arbitrator voids a term of this Agreement, the other terms will not be affected.
The titles and annotations, including any annotations provided herein, contained in these terms are inserted only as a matter of convenience and have no legal or contractual effect. The Agreement will not be construed against Cash App Taxes because we drafted it.
If you comply with the Agreement, Cash App Taxes grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means. You agree that you are solely responsible for complying with the provisions of your agreement with your telecommunications provider and any third-party mobile app marketplace.