No overdraft/credit feature.
If you have a Kashpay Card or a Sponsored Account, or if you sponsor one or more Sponsored Accounts, your stored balances are eligible for FDIC pass-through insurance through our Program Banks Wells Fargo Bank, N.A. and/or Sutton Bank, Members FDIC for up to $250,000 per customer when aggregated with all other deposits held in the same legal capacity at each Program Bank above, if certain conditions are met.
If you don’t have a Kashpay Card, a sponsored account, or sponsor an account, your Kashpay and savings balances are not deposit products and therefore are not protected by FDIC pass-through insurance.
Kashpay is a financial services platform, and not an FDIC-insured bank.
Contact Kashpay at www.Kashpay.com/support
For general information about prepaid accounts, visit cfpb.gov/prepaid
If you have a complaint about a prepaid account, call the consumer financial protection bureau at 1-855-411-2372 or cfpb.gov/complaint
We charge two other types of fees.
Add money from Credit Card: 3%**
Instant Transfer: 0.5%-2% ($0.25 min)**
*This fee can be lower if you receive $300 or more in direct deposits in any given month.
^This fee can be lower depending on how and where your card is used.
**For these fees, Kashpay uses banker’s rounding to round up or down to the penny, as applicable. Banker’s rounding rounds numbers ending in 5 to the nearest even integer.
No overdraft/credit feature.
If you have a Kashpay Card or a Sponsored Account, or if you sponsor one or more Sponsored Accounts, your stored balances are eligible for FDIC pass-through insurance through our Program Banks (Kashpay Partner Bank) Members FDIC for up to $250,000 per customer when aggregated with all other deposits held in the same legal capacity at each Program Bank above, if certain conditions are met.
If you don’t have a Kashpay Card, a sponsored account, or sponsor an account, your Kashpay and savings balances are not deposit products and therefore are not protected by FDIC pass-through insurance.
Kashpay is a financial services platform, and not an FDIC-insured bank.
For general information about prepaid accounts, visit https://cfpb.gov/prepaid
We can make updates to the Terms at any time, and we’ll notify you of these updates as appropriate. By continuing to use our services after these updates, you agree to the revised terms.
You also agree to receive notices from us electronically.
We may amend these Kashpay 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 XIX.18) that arose before the changes will be governed by the Kashpay Terms in place when the Dispute arose.
You agree to Kashpay’s esign consent (Link to be inserted here). We may provide disclosures and notices required by law and other information about your Account (defined below) to you electronically, at any time of day, including by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed in your Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time pushed or emailed to you. If you wish to withdraw your consent to receiving electronic communications, contact Kashpay Support. If we are not able to support your request, you may need to terminate your Account.
Using Kashpay requires that you open an account. You need to be a Florida, U.S. resident and at least 18 years old. If you want to use your account balance to send money to another Kashpay customer or use certain Kashpay products or services, then you’ll need to give us some more information about you that we will use to verify your identity.
This is also the part where you tell us you own the email or phone number you registered with and that the personal information you provide to us is correct. You agree to cooperate with us so that we can verify your identity. We might use third parties to help us do so.
You must be a resident of the United States, at least 18 years and the age of majority in your State of residence, and you must register for an account (your “Account”) to use the Service. Certain features of the Service may only be available for use in the United States. Some features, such as the ability to send money to another Kashpay customer with the balance in your Account, may be available only if you provide us with certain information about you and we are able to verify your identity. We verify your identity on our own behalf and to facilitate certain of our partners, including First Electronic Bank and our other banking partners, in meeting their own obligations.
To register, open, use, upgrade, or switch an Account, the Company may require that you submit certain information about yourself and your business to the Company, including but not limited to your legal name, email address, text-enabled mobile phone number, street address, zip code, date of birth, social security number, a government issued form of identification, legal business name, business address, taxpayer identification number, and any information you subsequently add or update (“Account Information”). You represent and warrant that all Account Information you provide the Company to register, open, use, upgrade, or switch an Account, including but not limited to a Cash for Business Account is true and accurate, and you agree to keep all Account Information current.
When you first open your Account, it will be a “Restricted Account.” With a Restricted Account, you may link an external, U.S.-issued bank account to make a payment to another Kashpay customer (including payments made to a Cash for Business Account), and you may transfer funds from your Kashpay Balance to your bank account, but you will not be able to make a payment to another Kashpay customer using your Kashpay Balance or use certain Services. If you attempt to make such a payment, you will be given the option of upgrading your Account to an “Unrestricted Account.” To upgrade, you will need to provide personal information so we can verify your identity.
You authorize the Company, directly or through third parties, to make inquiries necessary to validate or authenticate your identity and Account Information. This may include further documentation, ownership confirmation, or third-party database checks. If we cannot verify your identity, your Account will remain restricted, and we may suspend or terminate access.
The first time you access your Account using a new device, we may require additional authentication. If your Account cannot be verified, you may be required to set up a new Account.
Eligibility. If you are 28 years of age or older, you may authorize usage of Accounts for minors who are 13 years or older (a “Sponsored Person”). You must be at least 15 years older than the Sponsored Person. You must be the biological or adoptive parent, or the guardian (legal guardian, foster parent, stepparent in the same household, or grandparent in the same household). Kashpay may require verification and may revoke authorization at any time.
Ownership and Responsibility. Any reference to your “Account” includes Sponsored Accounts. You accept all terms on behalf of Sponsored Persons and agree to full responsibility for their transactions, fees, and liabilities. You, not the Sponsored Person, are the legal owner of the Sponsored Account.
Withdrawing Authorization. You may withdraw authorization by contacting Kashpay Support. If your Account is suspended or terminated, authorization for Sponsored Accounts is automatically withdrawn. Funds remain in the Sponsored Account, but features may be limited.
Feature Access. Sponsored Accounts may access certain Kashpay features such as Peer-to-Peer Transactions and the Kashpay Card. Access may be limited and require additional terms or information.
Limits for Sponsored Accounts. Maximum add to a Sponsored Account by direct deposit or transfer: $5,000 per day, $10,000 per 30-day period.
Account Graduation. Once a Sponsored Person turns 18, they must verify their identity to become the sole owner of the account. Failure to verify may result in restrictions or closure.
Allowances. You may set recurring P2P payments (weekly, bi-weekly, or monthly) to Sponsored Accounts, subject to transaction limits.
Taxes. You are responsible for any applicable tax consequences of Sponsored Accounts.
You may choose a unique username (“Kashpaytag”). Kashpay may require changes if the tag is misleading, deceptive, or risky. We reserve the right to reclaim or deactivate Kashpaytags.
Fees are listed in the “Stored Balance Disclosures.” Kashpay may change fees with notice. ATM operators and networks may impose additional fees.
Eligibility and Coverage Limits. Kashpay is not a bank. FDIC insurance only applies if funds are held at Program Banks (Wells Fargo Bank, N.A. and Sutton Bank, Members FDIC), up to $250,000 per customer, including all accounts in the same capacity. If you do not have a Kashpay Card or Sponsored Account, your balance is not FDIC-insured. Insurance does not cover Bitcoin or investing holdings.
Exclusion of Pending Funds. Funds are FDIC-insured only once received and held by Program Banks. Pending funds are not covered until settled.
Program Banks. Kashpay may place funds in one or more Program Banks. Deposits above $250,000 at one bank may not be insured if the bank fails. Current Program Banks: (Insert bank name). Kashpay may add or remove Program Banks at any time.
Sending and receiving Gift Cards has been discontinued. Previously received Gift Cards remain valid. Gift Cards are redeemable with a Kashpay Card at the designated merchant. If value is below $10, Recipients with a Kashpay Card may redeem the balance to their Kashpay Account.
By providing a mobile number, you consent to receive SMS messages and push notifications. These may include authentication, receipts, reminders, account updates, and promotions. Standard carrier rates apply. You may opt out by replying STOP or adjusting app preferences.
If you provide someone else’s number, you confirm they have consented to receive texts related to payments. Opt-out options are available for promotional emails and calls.
Kashpay does not guarantee compatibility with your mobile device or carrier. Use of modified devices (e.g., jailbroken) may be prohibited.
You retain rights to your content but grant Kashpay a broad license to use, reproduce, adapt, distribute, and display it worldwide. You may remove content, but archived or cached versions may persist. Content must not be unlawful, obscene, hateful, infringing, or otherwise objectionable. Kashpay may remove content at its discretion.
Kashpay implements security measures but cannot guarantee protection from unauthorized access. You are responsible for safeguarding your password and access devices. Notify us immediately of any breach. In account ownership disputes, Kashpay is the sole arbiter.
Kashpay grants you a limited, non-exclusive, revocable license to use the Services. Updates may require installation and acceptance of additional terms.
Kashpay retains all ownership rights in its Services and Intellectual Property. You may provide feedback (“Ideas”), which Kashpay may use freely without obligation.
Kashpay may share your Account and transaction information (name, amount, description) with the other party in the transaction and as described in the Privacy Notice.
Kashpay respects intellectual property rights and will suspend or terminate repeat infringers. See our Copyright & Trademark Policy for reporting procedures.
(Section content continues as outlined in the full Kashpay Terms.)
You may store funds in your Kashpay, these make up your balance. You may add funds to your balance from your linked external bank account or debit card. When you do, you are authorizing us to debit those sources. If we incur costs because you have insufficient funds in your account, you will cover those costs.
Functionality. Your balance consists of the funds you have in your Account that are available for new transactions and are not subject to pending transactions (your “Kashpay Balance”). You are solely responsible for all funds necessary to complete any payments initiated through the Service. You agree to reimburse the Company for any fees, costs, or expenses it incurs as a result of insufficient or unavailable funds in connection with any payment you initiate through the Service. If you make a payment that exceeds your Kashpay Balance, you authorize us to charge any of your Linked Accounts for all or a portion of the payment and any applicable fees.
Authorization. Each time you instruct us through the Kashpay to add funds from a Linked Account or Direct Deposit to your Kashpay Balance or make any other transfer, you authorize us to immediately debit that account at the time of the transfer for the amount instructed, either in a single or recurring transaction, as applicable. You are also authorizing us to move funds to your applicable Linked Account for instructions to add funds that are canceled or otherwise returned. You can cancel this authorization by unlinking your Linked Account from your Cash Account.
Limitations. The Company may impose limits on the amount you can keep in your Kashpay Balance and reserves the right to change these limits at any time. Funds in your Kashpay Balance might not be available to use for all types of transactions. If you have a Restricted Account, then you may not use your Kashpay Balance to make payments to other Kashpay customers (including Cash for Business Account) unless you first upgrade to an Unrestricted Account.
There are several ways you can add funds to your Kashpay Balance, which are described here.
Subject to the limitations described in Section VI.1(c), you can keep funds received from P2P Payments made to you through the Kashpay in your Kashpay Balance.
Once you have an Unrestricted Account, we may offer you the ability to “Add Money” to your Kashpay Balance in other ways, including, but not limited to, the following:
You can transfer funds from your Kashpay Balance out to your bank account. These transfers can take up to three days, or for a fee, be made instantly. We may limit your ability to transfer funds to your bank account, based on the circumstances. For example, we may delay transfers while we screen for fraud or risks. You are responsible for all amounts owed on your account even after it is closed.
Transfers to Your Bank Account. You may electronically transfer funds from your Kashpay Balance to certain Linked Account (“Withdraw”). By selecting a Linked Account as your deposit source you are requesting that we settle an electronic transfer to your bank account. The Company may settle these electronic transfers in the amount you instruct, using any electronic payment network or money movement system operating in the United States. You will not be able to cancel the transfer. Standard transfers to your Linked Account will typically arrive within three (3) business days.
Mastercard-branded debit cards are not eligible for standard transfers. If you link a Mastercard debit card and want a standard transfer, you must link an external bank account.
Instant Transfer. If this feature is available to you, you may Withdraw from your Kashpay Balance to certain Linked Accounts subject to the fees detailed in the Instant Transfer experience. Funds are typically available within minutes.
Limitations. The Company may limit how many Withdraws you can initiate, or the amount in a single transaction. We may delay or further limit transfers at our discretion to protect against risks, reversals, chargebacks, or as required by law. You remain liable for all obligations even after account closure.
If you do hold funds in your Kashpay Balance and/or Savings Balance, the Company will hold such funds separate from its corporate funds and will not use them for corporate purposes, nor will they be available to creditors in the event of bankruptcy. Funds may be pooled with other customers’ funds into one or more bank accounts in the Company’s name.
By maintaining funds, you appoint the Company as your agent for holding funds at a Program Bank or brokerage. Sweep operations may be used for cash management. FDIC coverage applies to funds at Program Banks (up to limits), but not to brokerage funds. SIPC coverage may apply for securities at brokerages.
Unless you are enrolled in the Savings Yield feature, you irrevocably transfer to the Company any rights to interest accrued on your Kashpay Balance or Savings Balance.
General. Kashpay offers an optional, no-fee overdraft feature (“Free Overdraft Coverage”) allowing you to overdraw on Kashpay Balance for Kashpay Card purchase transactions (not ACH, cashback, or ATM withdrawals), up to $200 (“Limit”).
The Limit is set at Kashpay’s discretion based on account history, deposits, and activity. It may change at any time.
Eligibility. To qualify, you must receive at least $300 in qualifying direct deposits per month. Failure to do so will result in termination of coverage. Kashpay may change requirements at its discretion.
Fees. There are no fees or interest for overdraft coverage, though third-party transaction fees may apply.
The Peer-to-Peer Service allows you to send or receive funds for personal, non-commercial purposes.
You can send funds once you have a Linked Account. If you have an Unrestricted Account, you may also send from your Kashpay Balance. You authorize us to move funds on your behalf.
Authorization. By initiating a Payment Instruction, you authorize us to debit your Kashpay Balance or Linked Account and send funds to the Recipient. Funds leave immediately but are only completed once the Recipient provides required information (up to 15 days).
Our Liability. We are not liable if transfers fail due to insufficient info, inaccurate details, or failure of the Recipient to claim the payment.
You may link a bank account or credit card to fund payments. Restricted Accounts cannot pay from Kashpay Balance; you must use a Linked Account or upgrade to Unrestricted.
You may request funds by designating the amount and Sender. If approved, it becomes a Payment Instruction.
P2P Payments received will be stored in your Kashpay Balance.
Larger payments may require additional identity verification. Limits may change at Kashpay’s discretion.
P2P payments are free, unless funded by a credit card. Credit card fees are displayed at transaction time. Kashpay may change fees with notice.
P2P Payments not claimed within 15 days are canceled and returned. Some cancellations may not be possible depending on processing stage.
If you receive a payment later deemed invalid (fraud, error), you authorize us to reverse it. Kashpay is not responsible for such payments.
Be vigilant of scams. Fraud may result in loss of funds with no recourse. See Section VIII for disputes.
Receipts are available in the Kashpay app. Account statements can be viewed online with 12- and 24-month history.
a. Reporting a Problem. Contact Kashpay via helpline, address, or in-app chat within 60 days. We will investigate and respond within a reasonable period.
b. Errors Related to Your Account. Regulation E applies. Report errors via app, helpline, or by mail within 60 days. We may issue provisional credit while investigating. Results provided within 3 business days of resolution.
c. Errors Related to Remittance Service. For remittance transfers, report issues within 180 days. We will investigate within 90 days and provide results within 3 business days.
Report lost/stolen Kashpay Cards or unauthorized transactions immediately. Liability is limited to $50 if reported within 2 business days, $500 if later. Failure to report within 60 days of your statement may result in full loss.
Unauthorized Transactions do not include cases where you gave someone access, acted with fraudulent intent, or entered the wrong recipient details.
We are liable for incomplete or incorrect transactions unless caused by circumstances outside our control or exceptions under applicable law.
When you contest a transaction with your external funding source (such as the bank that issued your linked debit card), your rights when requesting reimbursement for a completed transaction are determined by the funding source used to fund the applicable transaction.
Filing a dispute with a third party, including your external financial institution or a merchant, does not constitute notice of an error with us. The error resolution sections of this agreement will only apply to disputes filed directly with Kashpay as described in Section XII.
If you do something using our services that gets us sued or fined, you agree to cover our losses as described below.
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to:
While we do our best to bring great products and services to our customers, we provide them as-is, without warranties. We are not responsible for any goods and services that you might buy or sell using Cash for Business.
THE USE OF “THE COMPANY” IN SECTIONS XIX.15 AND XIX.16 MEANS THE COMPANY, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).
THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party. The Company does not have control of, or liability for, goods or services that are paid for using the Services.
As described below, if something bad happens because of your use of our services, our liability is capped.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR KASHPAY ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE COMPANY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
All third party products included or sold with the Services are provided solely according to the warranty and other terms specified by such third party, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
When you see the word “Dispute” in Section XIX.19, here’s what it means.
For purposes of Section XIX.19, “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, including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.
This section provides details about how we will resolve disputes through the arbitration process.
If you are an individual Kashpay customer, this arbitration provision applies to you:
General. You and the Company 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 KASHPAY 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 COMPANY.
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 (“Arbitrator”) administered by National Arbitration and Mediation (“NAM”) according to 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 whether the Terms (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 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.
If the Arbitrator determines that a hearing is required, the arbitration shall be conducted remotely by telephone or video conference. If an in-person hearing is required, the hearing will take place as close to your hometown as practicable.
Both you and the Company may file early or summary dispositive motions. The Arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. The parties shall maintain the confidentiality of the arbitration, including its existence, content, and outcome, except as required by law or to enforce or challenge the award.
The Arbitrator may award declaratory or injunctive relief only with respect to the individual party seeking relief, and only to the extent necessary to provide relief warranted by the claim. The decision will not have precedential or collateral estoppel effect in disputes involving other parties.
If twenty-five (25) or more similar arbitration demands are brought by or with the assistance of the same or coordinated counsel or entities (“Mass Proceeding”), the parties shall select twelve (12) arbitration demands (six per side) for arbitration to proceed (“Bellwether Arbitrations”).
While Bellwether Arbitrations are adjudicated, all other related demands will be held in abeyance and stayed, and no party shall pay administrator or arbitrator fees (other than initial filing/administrative fees and Procedural Arbitrator fees, if applicable). Statutes of limitation will be tolled for non-Bellwether claims during this period.
A Procedural Arbitrator may be appointed to determine whether the Bellwether Arbitration process applies, whether particular demands are part of a Mass Proceeding, and whether demands comply with Section XIX.19.
The Bellwether procedures are intended to be faster, more efficient, and more affordable. All parties shall cooperate in good faith to complete each Bellwether Arbitration within one hundred and twenty (120) days of its pre-hearing conference, and subsequently engage in mediation for remaining claims.
These procedures do not authorize class, collective, or mass action, nor joint or consolidated claims, except as expressly set forth.
The party initiating arbitration must pay the applicable filing fee under NAM Rules. Since you agree that the Service is not used for personal, family, or household purposes, the NAM Comprehensive Fees schedule applies. Arbitrator hourly fees shall be split evenly between the parties.
For purposes of this arbitration agreement, references to you and the Company also include subsidiaries, affiliates, agents, employees, predecessors, successors, assigns, and authorized users or beneficiaries of the Services.
You may reject this arbitration agreement and instead resolve Disputes in court by sending an Opt Out notice within thirty (30) days of account creation (or agreement to updated terms). The notice must be mailed to: Block, Inc., Attn: Arbitration Agreement, 1955 Broadway, Suite 600, Oakland, CA 94612.
The Opt Out must include your name, address, Kashpaytag, phone number, and email address(es) used for the Services. Opting out affects only arbitration; all other terms remain in effect.
Subject to and without waiver of the arbitration agreement above, judicial proceedings (other than small claims actions) shall be brought exclusively in the state courts in the City of Oakland and County of Alameda, California, or in federal court for the Northern District of California.
Our relationship is governed by the laws of Florida, federal law, or both. These Kashpay Terms and any Dispute will be governed by the Federal Arbitration Act and by Florida law and/or applicable federal law, without regard to conflicts of law principles.
You may not transfer or assign rights under these Terms. Any attempted transfer or assignment is null and void. The Company may assign rights and licenses under these Terms.
These Terms and applicable Policies constitute the complete agreement between you and the Company. In the event of conflict with other agreements, these Terms control. If any provision is invalid or unenforceable, it will be modified to achieve its intent as much as possible, while the rest remain effective. No waiver will be deemed continuing unless expressly stated.
| Service/Transaction | Fee |
|---|---|
| Monthly Fee | $0 |
| Per Purchase Fee | $0 |
| Foreign Transaction Fee | 2%* |
| ATM Withdrawal | $2.50^ |
| Paper Money Deposit | $1* |
| Customer Service | $0 |
| Inactivity | $0 |
| Add money from Credit Card | 3%** |
| Instant Transfer | 0.5%–2% ($0.25 min)** |
| Bank Transfer (≥ $300) | $0 |
| Bank Transfer (< $300) | $1.99 |
| Cash Pickup (≥ $300) | $1.99 |
| Cash Pickup (< $300) | $3.98 |