Acorns Tipper Terms and Conditions

This Tipper Agreement governs your use of the Acorns Invest My Tips feature (“Invest My Tips”) to send a Tip to an eligible Acorns customer (“Tip Recipient”). By confirming a Tip, you agree to this Tipper Agreement and acknowledge the Acorns Privacy Policy, available at https://www.acorns.com/privacy/.

You do not need an Acorns account to send a Tip. You must be at least 18 years old, be located in the United States, and be legally authorized to use the payment method you provide.

PLEASE READ THIS TIPPER AGREEMENT CAREFULLY. IT INCLUDES A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. BY CLICKING “CONFIRM TIP,” YOU AUTHORIZE THE PAYMENT AND AGREE TO THIS TIPPER AGREEMENT AND CONSENT TO USE ELECTRONIC RECORDS AND SIGNATURES. YOUR ELECTRONIC ACCEPTANCE HAS THE SAME LEGAL EFFECT AS YOUR HANDWRITTEN SIGNATURE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

1. General

Invest My Tips is a feature offered by Acorns Grow, Inc. that allows eligible Tip Recipients to create a public Tipping Profile and generate a personalized QR code or link (the “Code”) through which a Tipper may send a Qualified Tip for an Eligible Service. When you send a Qualified Tip as a Tipper, a third-party payment service provider processes your payment, and the funds are directed to the Tip Recipient’s Acorns Invest Account for investment according to the Tip Recipient’s account settings, in each case under the terms applicable to the Tip Recipient. Acorns facilitates the payment. Acorns does not act as your investment adviser, broker-dealer, bank, money manager, or fiduciary in connection with your tip.

2. Definitions

When the following capitalized terms are used in this Tipper Agreement, the following definitions apply:

Acorns means Acorns Grow, Inc. or any of its Affiliated Entities, as applicable to the relevant service.

Acorns Advisers means Acorns Advisers, LLC, an SEC-registered investment adviser.

Acorns Customer means an individual who has an Acorns User Account in Good Standing as defined in the Program Agreement. 

Acorns Grow means Acorns Grow, Inc. 

Acorns Invest Account has the same meaning as Acorns Invest Account in the Program Agreement. 

Acorns Securities means Acorns Securities, LLC, an SEC-registered broker-dealer and Member FINRA/SIPC.

Affiliated Entity means any person or entity that directly or indirectly controls, is controlled by, or is under common control with that applicable entity. “Control” means ownership of more than 50% of an entity’s voting interests or the power to direct its management and policies.

Eligible Service means a lawful service personally provided by a Tip Recipient while performing the duties of an occupation listed in Table 1 to 26 C.F.R. § 1.224-1(h), as amended. An assistant or apprentice qualifies only while performing the same services described for the listed occupation. Acorns may determine and change eligible occupations and service categories in its sole discretion. 

Qualified Tip means a genuine and voluntary payment submitted through Invest My Tips by a Tipper for an Eligible Service provided by the Tip Recipient that: (i) exceeds the amount agreed to or required to be paid for the Eligible Service; (ii) is at least $5.00 and no more than $250.00; (iii) has successfully settled and has not been charged back, reversed, or otherwise returned; and (iv) was not submitted by the Tip Recipient, a person acting on the Tip Recipient’s behalf, or through conduct intended to circumvent this Agreement, the terms applicable to Tip Recipients, or any transaction limit or control, or for any unauthorized or unlawful purpose. A Qualified Tip does not include, by way of example and without limitation, a mandatory service charge, required fee, commission, or gift, or a payment that is unrelated to an Eligible Service, is paid between colluding persons, or is made for any unlawful purpose.

Program Agreement means the Acorns Program Agreement, including all applicable supplements, available at https://www.acorns.com/program-agreement/.

Tip means any payment submitted through Invest My Tips, whether or not it qualifies as a Qualified Tip. 

Tipper, “you,” or “your” means an individual who personally receives an Eligible Service and sends a purported Tip to the Tip Recipient using the Tip Recipient’s Code. Tipper may also include an individual who, as the parent or legal guardian of a minor who personally receives an Eligible Service, sends a purported Tip using the Tip Recipient’s Code. The parent or legal guardian, not the minor, is the Tipper and party to this Tipper Agreement. 

Tipping Profile means the public profile created by a Tip Recipient through Invest My Tips and associated with the Tip Recipient's Code. 

Tip Recipient means an eligible Acorns Customer who agrees to the terms applicable to Tip Recipients and uses Invest My Tips to receive Qualified Tips for Eligible Services. 

3. Who You Are Tipping: Confirm Before You Pay

Before you submit your Tip, you will see a confirmation screen identifying the Tip Recipient and the tip amount. You are responsible for confirming that the Tip Recipient is the person you intend to Tip and that the amount is correct. Once confirmed, a tip cannot be canceled or reversed by you except as described in Section 7.

Use only a Code you receive directly from the intended Tip Recipient. A fraudulent, altered, or substituted QR code or link may direct your payment to another person. Acorns is not responsible for a payment you authorize after failing to verify the Tip Recipient shown on the confirmation screen, except to the extent responsibility cannot be excluded under applicable law. Acorns will never call you and ask you to replace, re-enter, or re-scan a QR code.

4. Sending a Tip

You represent and warrant that: 

a) You will use Invest My Tips only to send Qualified Tips for Eligible Services that you personally receive from the Tip Recipient or that a minor for whom you are the parent or legal guardian personally receives from the Tip Recipient. If you send a Tip in connection with a service provided to a minor, you represent and warrant that you are the minor’s parent or legal guardian, are authorized to act in that capacity, and will not provide Acorns with personal information about the minor or allow the minor to personally use the Invest My Tips feature or any Tip Recipient Code. You may not use Invest My Tips to send money for any other purpose. Each Tip must be a genuine and voluntary gratuity that exceeds any amount agreed to or required to be paid for the Eligible Service and may not be a mandatory service charge, required fee, commission, gift unrelated to the Eligible Service, or payment for goods.

(b) Your tip will be processed by one or more third-party payment service providers. Their applicable terms and privacy notices may govern the processing of your payment. You authorize Acorns and its service providers to charge the selected payment method for the amount shown on the confirmation screen.

(c) You may use only a payment method Acorns makes available to you. Acorns may add, restrict, suspend, or remove payment methods at any time. YOUR CARD ISSUER OR PAYMENT PROVIDER MAY IMPOSE ITS OWN FEES, INTEREST, HOLDS, OR OTHER TERMS. ACORNS DOES NOT CONTROL, RECEIVE, OR DETERMINE ANY SUCH THIRD-PARTY CHARGE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE AND HOLD HARMLESS ACORNS, ITS AFFILIATED ENTITIES, AND THEIR SERVICE PROVIDERS FROM CLAIMS, COSTS, OR LOSSES ARISING FROM FEES, INTEREST, CASH-ADVANCE TREATMENT, HOLDS, OR OTHER TERMS IMPOSED BY YOUR CARD ISSUER OR PAYMENT PROVIDER, EXCEPT TO THE EXTENT CAUSED BY THE APPLICABLE RELEASED PARTY'S WILLFUL MISCONDUCT OR VIOLATION OF APPLICABLE LAW. 

(d) You must provide complete, accurate, and current payment and contact information. You represent that you are the authorized holder or user of the payment method and that your use of it complies with applicable law and the payment provider’s terms.

(e) After you confirm your Tip, authorization, processing, and investment timing may vary. 

(f) You may not use Invest My Tips for any prohibited conduct, including without limitation: to send money to yourself or a person acting on your behalf, use another person’s payment method without authorization, arrange reciprocal, circular, or collusive Tips, split or structure transactions to avoid Invest My Tips limits or controls, submit information about a minor, or otherwise engage in any unlawful or prohibited activity. 

5. Tip Amounts and Limits

Individual tips must be at least $5.00 and no more than $250.00. You agree you will send a Tip Recipient no more than a single Tip per calendar day. Acorns may establish, change, or enforce additional limits based on amount, frequency, payment source, Tip Recipient, Tipper, risk, or other criteria. Acorns may determine in its sole discretion whether a transaction qualifies as a Qualified Tip for an Eligible Service and may reject, delay, hold, investigate, or reverse any transaction, and may otherwise restrict your use of Invest My Tips. Acorns may decline a transaction even if it falls within a stated limit. You may not attempt to evade any limit.

6. Your Information and How We Use It

When you send a tip, you agree Acorns and its service providers may collect:

a. Payment method information, which may include without limitation card number, expiration date, security code, billing ZIP code, card brand, card network, card-issuing country, and the last four digits of the card number. Full payment credentials may be collected and handled by Acorns or by a payment service provider.

b. Your name, email address, any display name you provide, and other contact or identifying information.

c. Transaction, device, and usage data, including the tip amount, date, time, status, Tip Recipient identifier, IP address, device information, and information used to prevent fraud and secure the feature.

Acorns and its service providers may use this information to:

d. Process, settle, post, invest, refund, or reverse your Tip.

e. Verify information and detect, prevent, investigate, and report fraud, unauthorized activity, financial crime, or other unlawful conduct.

f. Enforce this Tipper Agreement, the Program Agreement, terms governing Tip Recipients and other Acorns Customers, and Acorns’ transaction limits, policies, and controls.

g. Provide receipts and service communications, respond to inquiries, disputes, legal process, or regulatory requests, maintain records, comply with law, and carry out other purposes described in the Acorns Privacy Policy.

h. Send you Acorns news, offers, promotions, and other marketing communications as permitted by applicable law.

Acorns may share your chosen display name, Tip amount, date, and payment status with the Tip Recipient. Acorns does not share your full card number, security code, billing address, or email address with the Tip Recipient through Invest My Tips. Acorns and its service providers may otherwise collect, use, disclose, retain, and protect your information as described in the Acorns Privacy Policy, available at https://www.acorns.com/privacy/. By providing your email address and agreeing to this Tipper Agreement, you agree that Acorns may send you Acorns news, offers, promotions, and other marketing communications as permitted by applicable law. You may opt out of marketing emails at any time by using the unsubscribe instructions in an email. An opt-out does not apply to receipts or other transactional, legal, or service communications. 

7. Refunds, Disputes, and Reversals

Tip payments are final once confirmed. Except as required by applicable law or approved by Acorns in its discretion, Tips are not refundable, and Acorns has no obligation to cancel, reverse, or recover a Tip that you authorize. If you believe a payment was unauthorized, fraudulent, duplicated, or processed incorrectly, contact Acorns Customer Support promptly at support@acorns.com or 1-855-739-2859. Acorns may request information and may work with its payment service providers and the Tip Recipient to review the matter. Acorns does not guarantee a refund or any particular outcome.

You must cooperate with a reasonable investigation and provide requested information. Acorns may hold, return, adjust, or cancel a Tip before or after authorization, posting, or settlement in its sole discretion or as otherwise permitted by applicable law. Your rights against your card issuer or payment provider are governed by applicable law and your agreement with that provider.

8. No Investment or Financial Services Relationship

Sending a Tip through Invest My Tips does not make you an Acorns Customer, open any account through Acorns for you, or create a customer, investment advisory, brokerage, banking, fiduciary, custodial, or other financial services relationship between you and Acorns. You are sending a payment to the Tip Recipient. You are not purchasing any security or financial product, acquiring any ownership or beneficiary interest in the Tip Recipient’s account or investments, directing any investment decision, or receiving any entitlement.

9. Your Relationship with the Tip Recipient

Invest My Tips facilitates a payment only. Acorns and its Affiliated Entities are not parties to, and do not control, endorse, monitor, or assume any responsibility for, any service, transaction, representation, act, omission, dispute, or other relationship between you and the Tip Recipient.

Acorns does not verify or guarantee the Tip Recipient’s qualifications, licensing, services, conduct, or entitlement to a Tip. You must resolve disputes about the underlying service directly with the Tip Recipient. To the fullest extent permitted by applicable law, you release Acorns, its Affiliated Entities, and their service providers from claims arising from your relationship with the Tip Recipient or the service the Tip Recipient provides to you, whether or not it qualifies as an Eligible Service. 

10. Disclaimers

INVEST MY TIPS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACORNS, ITS AFFILIATED ENTITIES, AND THEIR SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AVAILABILITY, ACCURACY, AND ERROR-FREE OPERATION. THEY DO NOT GUARANTEE THAT INVEST MY TIPS, ANY QR CODE OR LINK, PAYMENT METHOD, TIP RECIPIENT, TRANSACTION, POSTING, SETTLEMENT, OR REFUND WILL BE AVAILABLE, TIMELY, ACCURATE, SECURE, UNINTERRUPTED, OR SUCCESSFUL.

Acorns may change, suspend, restrict, or discontinue Invest My Tips, any payment method, or your ability to use the feature at any time. Acorns does not provide tax, legal, accounting, or investment advice to you. Using Acorns does not determine or change the tax treatment of your tip. You are responsible for determining whether the tip has any tax, reimbursement, recordkeeping, or other consequences for you.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACORNS, ITS AFFILIATED ENTITIES, AND THEIR SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITY; OR DAMAGES ARISING FROM A TIP RECIPIENT, QR CODE OR LINK, UNAUTHORIZED OR MISDIRECTED PAYMENT, PAYMENT METHOD, DELAY, HOLD, DECLINE, REVERSAL, CHARGEBACK, SERVICE INTERRUPTION, SECURITY EVENT, OR THIRD-PARTY SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THEIR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO INVEST MY TIPS OR THIS TIPPER AGREEMENT WILL NOT EXCEED THE AMOUNT OF THE SPECIFIC TIP TRANSACTION GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS TIPPER AGREEMENT EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Changes to This Tipper Agreement and the Feature

Acorns may update this Tipper Agreement from time to time. The version presented when you confirm a Tip governs that transaction. If Acorns presents an updated Tipper Agreement, you must agree to it before sending another Tip. Acorns may change, pause, restrict, or discontinue Invest My Tips, including without limitation its availability, eligibility criteria, features, payment methods, limits, or processing arrangements, at any time, with or without notice, subject to applicable law. Acorns has no obligation to continue offering Invest My Tips or to accept or process any transaction.

13. Contact and Notices

If you have questions about this Tipper Agreement or a tip transaction, contact Acorns Customer Support at support@acorns.com or 1-855-739-2859. 

Notices concerning disputes or arbitration must be sent as provided in Section 15.

14. Governing Law

The Federal Arbitration Act governs Section 15. Except as otherwise required by applicable law, this Tipper Agreement and any dispute not subject to arbitration are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, choice of law rules, or any other principles that would result in the application of a different body of law. Subject to Section 14, exclusive jurisdiction and venue for any court proceeding arising out of or relating to Invest My Tips or this Tipper Agreement will lie in the state or federal courts located in Orange County, California, and you and Acorns consent to their jurisdiction.

15. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. 

(a) Mutual Arbitration. Except for matters expressly excluded below and claims governed by another arbitration agreement as provided in Section 16, you and the Acorns Parties agree that the sole and exclusive forum and remedy for any and all disputes or controversies arising out of or relating to Invest My Tips, any Tip, this Tipper Agreement, communications concerning Invest My Tips, or the relationship between you and any Acorns Party, whether arising before, on, or after the date you accept this Tipper Agreement, will be final and binding individual arbitration (collectively, the “Controversies”). This Mutual Arbitration Provision applies to Controversies based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. All controversies will be determined by binding arbitration through the AAA under its rules and procedures and, where appropriate, the then-current procedures applicable to consumer disputes, as modified by this mandatory arbitration provision. For more information, including instructions about how to file an arbitration demand with AAA, please visit https://adr.org/consumer or call 800-778-7879.

If AAA is unavailable or unwilling to administer the arbitration, the parties will select another nationally recognized arbitration provider, or a court with jurisdiction will appoint an arbitrator under 9 U.S.C. § 5.

This Section and all of its subparts are governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”), and will be interpreted and enforced in accordance with the FAA to the maximum extent permitted by applicable law. If the FAA does not apply, the state law governing arbitration agreements in the state in which you reside will apply. 

(b) Grouped Proceedings. To the maximum extent permitted by applicable law, and notwithstanding any other provision of this Agreement, to increase the efficiency of administration and resolution, if twenty-five (25) or more similar arbitration demands are submitted against one or more Acorns Parties by or with the assistance of the same law firm, the same group of law firms, or coordinated counsel to the arbitration provider within a thirty (30) day period, the parties agree that the arbitration provider may administer the arbitration demands in randomized groups of no more than twenty-five (25) cases at a time, except that any remainder of fewer than twenty-five (25) demands may be assigned to a final group. Claimants’ counsel shall submit the grouped demands in the form, manner, and format required by the arbitration provider. To the extent permitted by the arbitration provider’s rules, the arbitration provider may assess filing, administrative, and case-management fees on a grouped basis and may assign one arbitrator to oversee each group, subject to any applicable disclosure, disqualification, and replacement procedures. The arbitration provider or arbitrator may conduct one or more case-management conferences for each group. Regardless of the grouping described above, each arbitration shall remain an individual, bilateral arbitration, and the arbitrator shall resolve each claimant’s claims individually based on that claimant’s own facts and circumstances. No ruling, decision, or award in any one arbitration shall have preclusive effect in any other arbitration, except as required by applicable law between the same parties. The parties agree to cooperate in good faith with each other and with the arbitration provider to implement this grouped approach in a manner consistent with the arbitration provider’s rules and the individualized nature of arbitration under this Agreement. Any claimant whose case is part of a grouped proceeding may elect not to proceed as part of that grouped proceeding by providing written notice within thirty (30) days after being notified that the claimant’s case is part of the grouped proceeding, in which event the claimant’s arbitration shall proceed separately on an individual basis. Any merits hearing for an individual arbitration within a group shall take place in the manner otherwise provided in this Agreement, although the parties may agree, or the arbitrator may direct, to the extent permitted by the arbitration provider’s rules, that case-management conferences or other preliminary proceedings be conducted by video conference, teleconference, or written submissions. The parties agree that nothing in this subsection authorizes class arbitration, collective arbitration, representative arbitration, or consolidation of claims for merits determination, or otherwise converts individual, bilateral arbitrations into representative or class proceedings. 

(c) Informal Dispute Resolution Requirement. Before initiating arbitration, you agree that you will first provide Acorns Grow with a written Notice of Dispute. The Notice of Dispute must be individualized to you (mass, template, or form notices are not permitted) and must include: your full name, the email address used for the Tip, the name and address of your counsel, if any, the Tip date, the Tip Recipient’s displayed name, a detailed description of the facts and legal basis for the claim, the specific relief sought, including the amount of any money damages, and your personal signature (a signature by counsel alone is insufficient). Notices of Dispute must be sent to Acorns Grow, Attn: Legal Department, 5300 California Avenue, Irvine, CA 92617 with a copy to subpoenas@acorns.com. 

Acorns Grow will have sixty (60) days from receipt of a complete Notice of Dispute to attempt to resolve the dispute informally, during which time you agree to engage in a good-faith telephonic or video conference with an Acorns Grow representative if requested. Any applicable statute of limitations will be tolled during the informal dispute resolution period. You may not initiate arbitration unless and until this informal dispute resolution process has been completed. Compliance with this subsection is a condition precedent to initiating arbitration, and either party may seek a court order enforcing this requirement and enjoining any arbitration filed in violation of it. 

(d) Arbitrator Authority and Award. Except as stated in subsection (g), disputes relating to the interpretation, applicability, scope, enforceability, or validity of this Section will be determined exclusively by the arbitrator and not by a court. A court will decide any dispute about whether an agreement to arbitrate was formed and any other issue that applicable law requires a court to decide. The arbitrator may award any remedy available to an individual under applicable law, subject to the limitations in this Tipper Agreement, but may award relief only to the individual claimant and only to the extent necessary to resolve that claimant’s individual claim. Judgment on any arbitration award may be entered in any court of competent jurisdiction.

(e) Location and Costs. The parties may agree to conduct arbitration by telephone, videoconference, written submissions, or otherwise. Any in-person arbitration will take place in Irvine, California, unless the parties agree to another location or the arbitrator determines that another location is required under the applicable AAA rules or law. Each party will bear its own attorneys’ fees and costs, except as otherwise required by applicable law or awarded by the arbitrator under applicable law. Arbitration fees will be allocated under the applicable AAA rules and consumer standards. The applicable Acorns Party will pay any arbitration fee that it is required to pay for this Section to be enforceable.

(f) Excluded Matters. Either party may bring an individual action in small claims court consistent with the applicable jurisdictional limits. Either party may seek temporary or preliminary injunctive relief in court to preserve the status quo pending arbitration. You may report concerns to a government agency, and this Section does not prevent an agency from seeking relief authorized by law.

If there is a final judicial determination that applicable law or regulatory rules, including applicable FINRA rules, preclude enforcement of this Section as to a particular claim for relief against a particular entity, that claim, and only that claim, against that entity, and only that entity, will be severed and may be brought in court. All other claims against that entity or any other entity that are not precluded from arbitration will remain subject to binding arbitration.

(g) NO CLASS ACTIONS IN ARBITRATION. NO ARBITRATION WILL PROCEED ON A CLASS, REPRESENTATIVE, COLLECTIVE, CONSOLIDATED, COORDINATED, OR MASS BASIS, INCLUDING AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS, EXCEPT FOR THE ADMINISTRATIVE GROUPING EXPRESSLY PERMITTED UNDER SUBSECTION (b). Unless all parties consent in writing, no party may join or consolidate claims for or on behalf of two or more persons in the same arbitration, except as expressly permitted under subsection (b). An arbitration award will determine the rights and obligations of the named parties only and only with respect to the claims in arbitration. Notwithstanding any other provision of this Section, any claim that all or part of this class action waiver is unenforceable, unconscionable, inapplicable, invalid, void, voidable, or waived will be determined only by a court of competent jurisdiction and not by an arbitrator, except to the extent applicable FINRA rules require otherwise. A request for public injunctive relief that cannot lawfully be waived will be decided by a court, and any court proceeding concerning that request will be stayed until the arbitration of all arbitrable claims is complete.

(h) Arbitration Opt-Out. If you do not agree to arbitrate disputes as detailed in this Section, you may opt out for all purposes by sending an arbitration opt-out notice to support@acorns.com within 30 days after either: (i) the date you first accept this Tipper Agreement; or (ii) the date Acorns Grow notifies you in writing of any material change to this Section. The notice must clearly state that you are rejecting arbitration under the Acorns Tipper Terms and include your full name, the email address used for the Tip, the Tip date, the Tip Recipient’s displayed name, and your signature. If a third party submits the notice on your behalf, the third party must include evidence of authority to do so. A notice may opt out only one Tipper, and a notice purporting to opt out multiple persons will not be effective as to any person. Opting out will not affect a Tip or any other agreement between you and Acorns.

(i) Survival and Severability. This Section survives completion, reversal, or refund of a Tip and termination or discontinuation of Invest My Tips or this Tipper Agreement. If any provision of this Section is determined to be void or otherwise unenforceable, in whole or in part, that provision will be severed and the remainder of this Section will remain in full force and effect to the fullest extent permitted by law.

16. Tippers Who Are Also Acorns Customers

If you are or become an Acorns customer, this Tipper Agreement applies only to your use of Invest My Tips as a Tipper. Nothing in this Tipper Agreement amends, limits, supersedes, or overrides the Acorns Program Agreement, any product supplement, or other agreement or applicable terms and conditions related to your relationship with or use of Acorns (collectively, “Customer Terms”).

If this Tipper Agreement conflicts with the Customer Terms, the Customer Terms control with respect to your Acorns customer relationship, accounts, subscriptions, products, services, promotions, and the topics to which the applicable Customer Terms specifically relate, and this Tipper Agreement controls solely with respect to sending a Tip. Any arbitration agreement in the Customer Terms continues to govern claims within its scope. This Section governs a claim arising from your use of Invest My Tips as a Tipper only to the extent that no arbitration agreement in the Customer Terms governs that claim. Nothing in Section 15 limits or supersedes any right or obligation under applicable customer terms (including without limitation the Program Agreement), applicable law, or FINRA rules to resolve a claim involving Acorns Securities through FINRA arbitration.

17. Indemnification

To the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless the Acorns Parties from and against third-party claims, demands, proceedings, losses, liabilities, damages, judgments, penalties, fines, and reasonable costs and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your breach of this Tipper Agreement; (b) your unauthorized, fraudulent, abusive, or unlawful use of Invest My Tips or a payment method; (c) your dispute or relationship with a Tip Recipient; (d) your violation of another person’s rights or applicable law; (e) information or instructions you provide; or (f) your purported authority to act for a minor, an Eligible Service provided to a minor for whom you send a Tip, or personal information about a minor that you provide in connection with Invest My Tips.

You have no obligation under this Section to the extent a claim results from the applicable indemnified party’s willful misconduct or violation of applicable law. Acorns may control the defense and settlement of an indemnified claim, and you will reasonably cooperate. You may not settle a claim in a manner that admits fault by, imposes an obligation on, or fails to fully release an indemnified party without Acorns’ prior written consent.

18. Miscellaneous

18.1 Consent; Electronic Signatures. You agree to conduct each Tip transaction electronically and consent to receive this Agreement, records, receipts, notices, and communications concerning Invest My Tips electronically at the email address or through the device you use for the transaction. By selecting "Confirm Tip" or a similar button, you adopt that action as your electronic signature and agree that it has the same legal effect as your handwritten signature. You may save or print this Tipper Agreement and any electronic record provided to you. Your withdrawal of consent to electronic communications will not affect the validity of a completed Tip or any electronic record previously provided.

18.2 Restrictions. You may not assign or transfer this Tipper Agreement or any right arising from a Tip without Acorns’ prior written consent. Acorns may assign or transfer this Tipper Agreement, in whole or in part, to an Affiliated Entity or in connection with a merger, reorganization, sale, or transfer of assets or business.

18.3 Interpretation. Headings are for convenience only and do not affect interpretation. Acorns’ failure to enforce any provision is not a waiver. If any provision is held invalid or unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law. There are no third-party beneficiaries except Acorns’ Affiliated Entities and the other indemnified and protected parties expressly identified in this Tipper Agreement. Provisions that by their nature should survive will survive, including without limitation provisions concerning reversals, investigations, disclaimers, liability, arbitration, indemnification, governing law, and interpretation.

18.4 Disclaimers. Acorns does not guarantee that Invest My Tips, any Tipping Profile, Code, payment method, or feature will be available, uninterrupted, secure, or error-free. Participation in Invest My Tips is not a recommendation of any investment or investment strategy. Investment advisory services are offered by Acorns Advisers, an SEC-registered investment adviser. Brokerage products and services are provided by Acorns Securities, an SEC-registered broker-dealer, Member FINRA/SIPC. Investment products are NOT FDIC INSURED, NOT BANK GUARANTEED, and MAY LOSE VALUE. View additional investing disclosures at https://www.acorns.com/disclosures/. 




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