PUBLIC ASK ACORNS TERMS AND CONDITIONS
IMPORTANT: ASK ACORNS DOES NOT PROVIDE INVESTMENT, FINANCIAL, LEGAL, OR TAX ADVICE.
ASK ACORNS IS AN ARTIFICIAL INTELLIGENCE (AI) ASSISTANT, NOT A PERSON. IT PROVIDES GENERAL INFORMATION FOR EDUCATIONAL PURPOSES ONLY. OUTPUT IS NOT A RECOMMENDATION OR OFFER TO BUY, SELL, OR HOLD ANY SECURITY OR OTHER FINANCIAL PRODUCT, AND IT IS NOT BASED ON YOUR PERSONAL CIRCUMSTANCES. OUTPUT MAY BE INACCURATE, INCOMPLETE, OR OUT OF DATE, EVEN WHEN IT APPEARS DETAILED OR CERTAIN. VERIFY IMPORTANT INFORMATION AND CONSULT A QUALIFIED PROFESSIONAL BEFORE MAKING ANY INVESTMENT, FINANCIAL, LEGAL, OR TAX DECISION. INVESTING INVOLVES RISK, INCLUDING LOSS OF PRINCIPAL.
ASK ACORNS IS OPERATED BY ACORNS GROW INCORPORATED. IT IS NOT OPERATED BY ACORNS ADVISERS, LLC, AN SEC-REGISTERED INVESTMENT ADVISER, OR ACORNS SECURITIES, LLC, AN SEC-REGISTERED BROKER-DEALER AND MEMBER FINRA/SIPC. USING ASK ACORNS DOES NOT MAKE YOU AN ACORNS CUSTOMER OR A CLIENT OF EITHER ENTITY.
Ask Acorns Terms of Use
Updated November 9, 2026
These Ask Acorns Terms of Use (these "Terms") govern your use of Ask Acorns, an AI assistant that Acorns makes available on acorns.com and other Acorns web pages to individuals who are not signed in to an Acorns account ("Ask Acorns"). By tapping "Agree and Continue," or similar language, you agree to these Terms and acknowledge the Acorns Privacy Policy, available at https://www.acorns.com/privacy/.
You do not need an Acorns account to use Ask Acorns. You must be at least 18 years old and located in the United States.
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. BY TAPPING "AGREE AND CONTINUE," OR SIMILAR LANGUAGE, YOU AGREE TO THESE TERMS 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
Ask Acorns is a feature offered by Acorns Grow, Inc. that uses artificial intelligence to provide general financial education and general information about Acorns products, features, and pricing. Ask Acorns is operated by Acorns Grow. It is not operated by Acorns Advisers or Acorns Securities, and it does not provide investment advisory, brokerage, or banking services on behalf of any Acorns entity or bank partner.
2. Definitions
When the following capitalized terms are used in these Terms, the following definitions apply:
Acorns means Acorns Grow, Inc.
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 Customer Account means an Acorns User Account as defined 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.
Inputs means any messages or other information you submit to Ask Acorns.
Output means any response, visual, link, or other output generated or displayed by Ask Acorns.
Program Agreement means the Acorns Program Agreement, including all applicable supplements, available at https://www.acorns.com/program-agreement/.
Session means a single conversation with Ask Acorns.
User, "you," or "your" means an individual who accesses or uses Ask Acorns while not signed in to an Acorns account.
3. No Advice; General Information Only
Output is provided for general informational and educational purposes only. Output is not investment, financial, legal, accounting, or tax advice. It is not a recommendation, solicitation, or offer to buy, sell, or hold any security or other financial product, to open or fund any account, or to follow any investment strategy.
Output is not tailored to your objectives, financial situation, or needs, even if you share information about yourself. Acorns does not evaluate your circumstances through Ask Acorns. Any description of an Acorns product, feature, or service is general and is not a determination that it is suitable for you.
Investment advisory services are offered only by Acorns Advisers. Brokerage products and services are provided only by Acorns Securities. Each is available only under the Program Agreement and only after you complete the Acorns sign-up process and open an applicable account.
You are solely responsible for your decisions. Before relying on any Output, verify it against official Acorns disclosures and consult a qualified professional about your situation.
4. Eligibility; Minors
Ask Acorns is intended only for individuals who are at least 18 years old and located in the United States. You represent and warrant that you meet these requirements.
You may ask general questions about saving or investing for a child, including about custodial accounts. You may not allow a minor to use Ask Acorns. You may not submit a minor's name, date of birth, Social Security number, or other personal information.
If Acorns determines or suspects that you are under 18, Acorns may, in its sole discretion, take any of the following actions alone or in combination:
A representation of age will not be accepted if other information contradicts it.
5. Artificial Intelligence; Accuracy; Reliance
Ask Acorns is powered by artificial intelligence, including generative AI models. You are communicating with an AI system, not a person. Output is generated automatically. When you use Ask Acorns, you acknowledge and agree that:
(a) Output may be inaccurate, incomplete, outdated, or inconsistent, and may contain material inaccuracies even when it appears accurate because of its level of detail or specificity;
(b) Output may not reflect correct, current, or complete information about Acorns products, features, pricing, eligibility requirements, promotions, or terms;
(c) you should not rely on Output as a sole source of truth or factual information, or as a substitute for professional advice, and you should independently confirm any Output before acting on it;
(d) Output may be offensive or objectionable and may not reflect the views of Acorns; and
(e) you will not use Output about any person to make, or support, a decision that could have a legal or material effect on that person. This includes decisions about credit, employment, housing, insurance, or education.
Output does not modify the Program Agreement, any promotion terms, or any other Acorns terms, disclosures, or pricing. If Output conflicts with those documents, those documents control.
Ask Acorns may be offered as a beta feature, and its features, accuracy, and availability may change. Ask Acorns is available only in English and Spanish. If Ask Acorns responds in another language, that response is unintended, may be less accurate, and remains subject to these Terms. If any translation of these Terms or of any Acorns disclosure conflicts with the English version, the English version controls. Acorns may limit, filter, or decline to respond to any request.
6. Getting Started with Acorns
Ask Acorns may describe the Acorns sign-up process or direct you to it. Ask Acorns cannot open, fund, or change any account, and it does not collect information needed to open an account. This is not a recommendation that you open, fund, or select any Acorns account, portfolio, or product.
To become an Acorns Customer, you must complete the Acorns sign-up process, satisfy applicable eligibility and verification requirements, review the applicable disclosures, and agree to the Program Agreement. Acorns may decline any prospective customer at its discretion.
7. No Account Access, Support, or Complaints
Ask Acorns cannot access, view, or change any Acorns account. It cannot resolve account inquiries, complaints, disputes, instructions, or transaction requests. For help with an account, or to submit a complaint, contact Acorns Customer Support at support@acorns.com or 1-855-739-2859.
Acorns may, but is not obligated to except as required by applicable law, review messages submitted through Ask Acorns and route them internally as Acorns considers appropriate. Acorns has no obligation to respond through Ask Acorns.
A message submitted through Ask Acorns is not a Notice of Dispute or an arbitration opt-out notice under Section 21. It does not satisfy any other notice requirement under these Terms or the Program Agreement.
8. Your Use of Ask Acorns
You represent and warrant that you will use Ask Acorns only for lawful, personal, non-commercial purposes and in accordance with these Terms. You may not use, or help another person use, Ask Acorns for any prohibited conduct, including without limitation to:
(a) submit sensitive personal information about you or any other individual, such as a Social Security number, account or payment card number, bank login credentials, password, authentication code, or government ID number;
(b) submit personal information about another person, including a minor, without authority to do so;
(c) submit content that is unlawful, harassing, abusive, discriminatory, defamatory, obscene, or otherwise harmful, or that infringes, misappropriates, or violates another person's intellectual property, privacy, publicity, or other rights;
(d) attempt to manipulate, bypass, probe, or override the safeguards, instructions, or limits of Ask Acorns, including through prompt injection or other adversarial techniques;
(e) attempt to evade, circumvent, test, or obtain information about how to evade, any verification, fraud prevention, transaction monitoring, account security, or other control, limit, or procedure of Acorns or any Affiliated Entity, including through prompt injection or other adversarial techniques;
(f) access Ask Acorns through bots, scripts, scrapers, or other automated or non-human means, or crawl, copy, extract, or harvest Output, prompts, models, or underlying data;
(g) decompile, reverse engineer, disassemble, or attempt to discover the source code, models, algorithms, or system instructions of Ask Acorns, except to the extent applicable law prohibits this restriction;
(h) exceed any rate, usage, or Session limit, or use multiple devices, browsers, or IP addresses to evade a limit or restriction;
(i) use Ask Acorns or any Output to develop, train, or benchmark any product, service, or artificial intelligence model that competes with Ask Acorns or Acorns;
(j) represent that Output was written by a person, or that Output is advice, a recommendation, or an endorsement from Acorns, Acorns Advisers, or Acorns Securities;
(k) use Output to provide investment, financial, legal, or tax advice to any other person;
(l) use Ask Acorns or any Output to deceive any person, impersonate Acorns or any other person, create phishing or other fraudulent communications, or obtain unauthorized access to any account, system, or information;
(m) introduce viruses or malicious code, or otherwise abuse, harm, interfere with, or disrupt the operation or security of Ask Acorns;
(n) interfere with, disrupt, or compromise the operation or security of any other Acorns website, application, account, or system, or any third-party system or service connected to Acorns; or
(o) use Ask Acorns in any other manner that is unlawful, fraudulent, deceptive, malicious, or otherwise unauthorized, or that Acorns determines may cause harm, liability, or reputational harm to Acorns, its Affiliated Entities, other users, or any other person.
If you submit sensitive personal information despite this Section, Acorns may mask, redact, or delete it.
You agree that a breach of this Section would cause Acorns irreparable harm for which money damages would be an inadequate remedy. Acorns may seek injunctive relief to stop the breach without proving actual damages or posting a bond, to the extent permitted by applicable law. In addition, if Acorns determines or suspects that you have violated any of the foregoing, Acorns may, in its sole discretion, take any of the following actions alone or in combination:
end your Session;
restrict access to Ask Acorns from your browser, device, or IP address;
delete or restrict information associated with your Session, subject to applicable law; and
take any other action Acorns considers appropriate, including reporting the conduct to law enforcement or regulators, as permitted by applicable law.
9. Your Inputs
You are responsible for your Inputs. You represent and warrant that:
you have all rights and permissions needed to submit your Inputs; and
your Inputs will not violate these Terms, applicable law, or any person's rights.
As between you and Acorns, you keep any rights you have in your Inputs. You grant Acorns, its Affiliated Entities, and their service providers a nonexclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, analyze, modify, and otherwise use your Inputs for the purposes described in Section 10. This license is subject to the Acorns Privacy Policy and applicable law.
10. Your Information and How We Use It
When you use Ask Acorns, you agree Acorns and its service providers may collect:
a. Your Inputs, the Output you receive, and any feedback you provide.
b. A record of your acceptance of these Terms, including the date, time, and version.
c. Technical and usage data, including Session identifiers, IP address, browser and device information, approximate location, and the pages you visit.
Acorns and its service providers may use this information to:
d. Provide, operate, secure, and maintain Ask Acorns.
e. Evaluate, test, and improve (i) the products and services offered by Acorns and its Affiliated Entities, including Acorns Early; and (ii) Ask Acorns, its Output, and its safeguards.
f. Detect, prevent, investigate, and report fraud, abuse, or other unlawful conduct.
g. Measure the effectiveness of Ask Acorns, including by associating your Session with an Acorns account you later create.
h. Enforce these Terms, maintain records, respond to legal process or regulatory requests, comply with law, and carry out other purposes described in the Acorns Privacy Policy.
Acorns records and stores your conversations with Ask Acorns. Acorns personnel and service providers acting on Acorns' behalf may review your Sessions. Closing your browser or ending a Session does not delete your conversation.
Acorns may retain information for as long as reasonably necessary for the purposes described above or as required by law, as further described in the Acorns Privacy Policy. Do not submit information you do not want Acorns to retain.
Ask Acorns does not ask for your name, email address, phone number, or other contact information, and, except as described in subsection (g), Acorns does not use the information it collects through Ask Acorns to identify you. As a result, Acorns generally cannot connect a later request to access or delete information to your Sessions or verify that the request comes from you. Depending on where you live, you may have the right to make these requests, subject to exceptions under applicable law, as described in the Acorns Privacy Policy. If Acorns cannot verify a request, Acorns may deny it and will tell you that it could not verify your identity. If your Session is associated with an Acorns account as described in subsection (g), you may make these requests through your Acorns account.
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/, including its notice at collection. If this Section conflicts with the Acorns Privacy Policy, the Acorns Privacy Policy controls.
11. No Customer or Financial Services Relationship
Using Ask Acorns does not make you an Acorns Customer or open any account through Acorns for you. It does not create a customer, investment advisory, brokerage, banking, fiduciary, or other financial services relationship between you and Acorns, Acorns Advisers, Acorns Securities, or any Acorns bank partner.
If you later open an Acorns account, your account will be governed by the Program Agreement and the applicable account terms. These Terms will continue to apply to your use of Ask Acorns as described in Section 22.
12. Third-Party Content and Links
Ask Acorns may display links to, or reference, Acorns web pages or third-party websites, and third-party service providers may support it. Acorns does not control third-party websites or services and is not responsible for their content, terms, or privacy practices. Your use of any third-party website or service is at your own risk and subject to its terms.
A reference in Output to a third-party website, product, company, security, or service is not an endorsement or recommendation. It also does not mean that the third party endorses or is affiliated with Acorns.
13. Intellectual Property; Feedback
Acorns or its licensors own Ask Acorns, the Output, and all related software, models, and materials, which are protected by law. Acorns grants you a limited, revocable, nonexclusive, nontransferable license to use Ask Acorns and view Output for your personal, non-commercial use, subject to these Terms. No other right or license is granted.
Because of the nature of artificial intelligence, Output may not be unique, and other Users may receive similar Output. Acorns, Acorns Early, and the Acorns logo are trademarks of Acorns. You may not use them without Acorns' prior written permission.
If you provide feedback, suggestions, or feature requests about Ask Acorns or any Acorns product or service, whether through Ask Acorns, by rating a response, or through any other channel (collectively, “Feedback”), you grant Acorns a perpetual, worldwide, royalty-free, irrevocable, sublicensable (through multiple tiers), transferable license to use, modify, create derivative works from, distribute, and otherwise exploit that Feedback for any purpose without restriction, attribution, or compensation. To the extent permitted by applicable law, you also irrevocably assign to Acorns all right, title, and interest in and to the Feedback, including all intellectual property rights therein (and to the extent such assignment is not enforceable under applicable law, the license in this paragraph will apply). You waive, to the fullest extent permitted by applicable law, any moral rights in any Feedback. If you rate a response, Acorns may store the related conversation with your rating. Feedback does not include personal information, which Acorns handles as described in Section 10 and the Acorns Privacy Policy. Inputs that are not Feedback are subject to Section 9.
Acorns has no obligation to use, review, or compensate you for any Feedback, and no duty to treat any Feedback as confidential or proprietary.
14. Suspension and Termination
You may stop using Ask Acorns at any time. Acorns may suspend, restrict, or terminate your access to Ask Acorns at any time in its sole discretion, with or without notice, or as otherwise permitted by applicable law. Acorns may change, pause, restrict, or discontinue Ask Acorns at any time, with or without notice, subject to applicable law. This includes its availability, features, limits, languages, or topics. Acorns has no obligation to continue offering Ask Acorns. To the fullest extent permitted by applicable law, Acorns will not be liable for any change to, or suspension or discontinuation of, Ask Acorns.
15. Legal Compliance; Sanctions
Acorns may comply with governmental, court, regulatory, and law enforcement requests or requirements relating to Ask Acorns. Acorns may preserve and disclose information from or about you, including Inputs and Output, to comply with law, to respond to legal process or regulatory requests, to protect the rights, property, or safety of Acorns, its customers, or others, or to detect, prevent, or report fraud or other unlawful conduct.
You represent and warrant that:
16. Disclaimers
ASK ACORNS AND ALL OUTPUT ARE 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. THIS INCLUDES WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, PRIVACY, AVAILABILITY, RELIABILITY, ACCURACY, COMPLETENESS, TIMELINESS, AND ERROR-FREE OPERATION, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE.
THEY DO NOT GUARANTEE THAT ASK ACORNS OR ANY OUTPUT WILL BE AVAILABLE, ACCURATE, SUITABLE FOR YOUR PURPOSES, SECURE, OR UNINTERRUPTED. YOU AGREE THAT YOUR USE OF AND RELIANCE ON ASK ACORNS AND OUTPUT IS AT YOUR SOLE RISK.
Acorns does not provide tax, legal, accounting, or investment advice to you through Ask Acorns. Some jurisdictions do not allow the disclaimer of certain warranties. If so, some of these disclaimers may not apply to you, and they apply only to the fullest extent permitted by applicable law.
17. 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 OF THE FOLLOWING:
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITY; OR
DAMAGES ARISING FROM YOUR RELIANCE ON OUTPUT, ANY INVESTMENT OR FINANCIAL DECISION, ANY INACCURACY OR OMISSION IN OUTPUT, SERVICE INTERRUPTION, SECURITY EVENT, OR THIRD-PARTY SERVICE.
THIS APPLIES EVEN IF ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THEIR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ASK ACORNS OR THESE TERMS WILL NOT EXCEED FIFTY DOLLARS ($50). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS ARE AN ESSENTIAL PART OF THESE TERMS, AND ACORNS WOULD NOT OFFER ASK ACORNS FREE OF CHARGE WITHOUT THEM. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Changes to These Terms and Ask Acorns
Acorns may update these Terms from time to time. Acorns presents these Terms each time you begin using Ask Acorns, and you must select "Agree and Continue" or a similar button before each use. The version of these Terms presented when you select "Agree and Continue" governs that use. Unless you agree otherwise, a change to Section 21 will not apply to any dispute for which Acorns received a Notice of Dispute before you agreed to the updated Terms.
19. Contact and Notices
If you have questions about these Terms or Ask Acorns, contact Acorns Customer Support at support@acorns.com or 1-855-739-2859, which is available 5:00 AM to 7:00 PM PT, 7 days a week.
Notices concerning disputes or arbitration must be sent as provided in Section 21.
20. Governing Law
The Federal Arbitration Act governs Section 21. Except as otherwise required by applicable law, the laws of the State of Delaware govern these Terms and any dispute not subject to arbitration. This choice applies 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 21, exclusive jurisdiction and venue for any court proceeding arising out of or relating to Ask Acorns or these Terms will lie in the state or federal courts located in Orange County, California. You and Acorns consent to their jurisdiction.
21. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except for individual claims filed in small claims court consistent with the applicable jurisdictional limits or unless you opt out as described below, the sole and exclusive forum and remedy for resolution of any claim will be final and binding arbitration pursuant to this Section.
Acorns Grow, Inc.;
its past, present, and future Affiliated Entities that are involved in, provide services for, or are alleged to be responsible for Ask Acorns;
their applicable third-party service providers acting in connection with Ask Acorns; and
each of their respective officers, directors, employees, members, owners, agents, successors, and assigns.
Arbitration awards are generally final and binding, and a court's ability to reverse or modify an award is very limited.
The ability of the parties to obtain documents, witness statements, and other discovery is generally more limited in arbitration than in court proceedings.
The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry.
The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
The rules of the arbitration forum in which the claim is filed, and any amendments thereto, are incorporated into these Terms.
(a) Mutual Arbitration. This subsection applies except for matters expressly excluded below and claims governed by another arbitration agreement as provided in Section 22. You and the Acorns Parties agree that final and binding individual arbitration will be the sole and exclusive forum and remedy for any and all disputes or controversies (collectively, the "Controversies") that:
arise out of or relate to Ask Acorns, any Inputs or Output, these Terms, communications concerning Ask Acorns, or the relationship between you and any Acorns Party; and
arise before, on, or after the date you accept these Terms.
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 American Arbitration Association ("AAA") under its rules and procedures. Where appropriate, the AAA's then-current procedures applicable to consumer disputes will apply, 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"). They 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. This subsection applies to the maximum extent permitted by applicable law and notwithstanding any other provision of these Terms. It applies when twenty-five (25) or more similar arbitration demands against one or more Acorns Parties are submitted to the arbitration provider within a thirty (30) day period by or with the assistance of the same law firm, the same group of law firms, or coordinated counsel. To increase the efficiency of administration and resolution, the parties agree that the arbitration provider may then administer the arbitration demands in randomized groups of no more than twenty-five (25) cases at a time. 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. It may also 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. 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. They will do so in a manner consistent with the arbitration provider's rules and the individualized nature of arbitration under these Terms.
Any claimant whose case is part of a grouped proceeding may elect not to proceed as part of that grouped proceeding. The claimant must give written notice within thirty (30) days after being notified that the claimant's case is part of the grouped proceeding. The claimant's arbitration shall then 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 these Terms. To the extent permitted by the arbitration provider's rules, the parties may agree, or the arbitrator may direct, that case-management conferences or other preliminary proceedings be conducted by video conference, teleconference, or written submissions. Nothing in this subsection authorizes class arbitration, collective arbitration, representative arbitration, or consolidation of claims for merits determination. Nothing in this subsection 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 with a written Notice of Dispute. The Notice of Dispute must be individualized to you. Mass, template, or form notices are not permitted. The Notice of Dispute must include:
your full name and your email address;
the name and address of your counsel, if any;
the date or dates you used Ask Acorns, and any Session identifier available to you;
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 Incorporated, Attn: Legal Department, 5300 California Avenue, Irvine, CA 92617, with a copy to subpoenas@acorns.com. A message submitted through Ask Acorns is not a Notice of Dispute.
Acorns will have sixty (60) days from receipt of a complete Notice of Dispute to attempt to resolve the dispute informally. During that time, you agree to engage in a good-faith telephonic or video conference with an Acorns 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. 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), the arbitrator, and not a court, will exclusively determine disputes relating to the interpretation, applicability, scope, enforceability, or validity of this Section. 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 grant motions dispositive of all or part of any Controversy. The arbitrator may award any remedy available to an individual under applicable law, subject to the limitations in these Terms. However, the arbitrator may award relief only to the individual claimant and only to the extent necessary to resolve that claimant's individual claim. Neither party will disclose the amount of any settlement offer to the arbitrator until after the arbitrator determines the final award, if any. 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. The Acorns Parties will not seek attorneys' fees and costs from you in arbitration unless the arbitrator determines that your claim is frivolous. 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. Acorns may seek injunctive or other equitable relief in court to stop unauthorized use or abuse of Ask Acorns, or infringement or misappropriation of its intellectual property, including any breach of Section 8. You may report concerns to a government agency, and this Section does not prevent an agency from seeking relief authorized by law.
There may be 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. If so, 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. This subsection does not prevent either party from participating in a class-wide settlement.
Notwithstanding any other provision of this Section, only a court of competent jurisdiction, and not an arbitrator, will determine any claim that all or part of this class action waiver is unenforceable, unconscionable, inapplicable, invalid, void, voidable, or waived. This rule does not apply to the extent applicable FINRA rules require otherwise. A court will decide any request for public injunctive relief that cannot lawfully be waived. 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. You must send it within 30 days after the date you first accept these Terms. If Acorns makes a material change to this Section, you may opt out of that change by sending notice within 30 days after you first accept the updated Terms, and the prior version of this Section will continue to apply to you.
The notice must clearly state that you are rejecting arbitration under the Ask Acorns Terms of Use. It must include your full name, your email address, the date you first used Ask Acorns, 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 User, and a notice purporting to opt out multiple persons will not be effective as to any person. A message submitted through Ask Acorns is not an opt-out notice. Opting out will not affect any other agreement between you and Acorns.
(i) Survival and Severability. This Section survives termination or discontinuation of Ask Acorns or these Terms. If any provision of this Section is determined to be void or otherwise unenforceable, in whole or in part, that provision will be severed. The remainder of this Section will remain in full force and effect to the fullest extent permitted by law. However, if severing a provision would permit class, collective, or representative arbitration, this entire Section will be unenforceable, and the Controversy will be decided by a court as provided in Section 20.
22. Users Who Are Also Acorns Customers
If you are or become an Acorns Customer, these Terms apply only to your use of Ask Acorns before you agreed to the Program Agreement and, if applicable, use of Ask Acorns after your Acorns Customer Account is closed. Nothing in these Terms amends, limits, supersedes, or overrides the Program Agreement, including its supplements, or any other agreement or applicable terms and conditions related to your relationship with or use of Acorns (collectively, "Customer Terms").
If these Terms conflict with the Customer Terms, the Customer Terms control with respect to your Acorns customer relationship, accounts, subscriptions, products, services, and promotions, and the topics to which the applicable Customer Terms specifically relate. These Terms control solely with respect to your use of Ask Acorns described in the first paragraph of this Section.
Any arbitration agreement in the Customer Terms continues to govern claims within its scope. Section 21 governs a claim arising from your use of Ask Acorns only to the extent that no arbitration agreement in the Customer Terms governs that claim. Nothing in Section 21 limits or supersedes any right or obligation to resolve a claim involving Acorns Securities through FINRA arbitration under applicable customer terms (including without limitation the Program Agreement), applicable law, or FINRA rules.
23. 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 these Terms;
(b) your unauthorized, fraudulent, abusive, or unlawful use of Ask Acorns or any Output;
(c) your violation of another person's rights or applicable law;
(d) your Inputs, including personal information about another person or a minor; or
(e) your misrepresentation of your age or location.
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.
24. Miscellaneous
24.1 Consent; Electronic Signatures. You agree to conduct this transaction electronically. You consent to receive these Terms, records, notices, and communications concerning Ask Acorns electronically. By selecting "Agree and Continue" 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 these Terms. Acorns will store a record of your acceptance, including the date, time, and version of these Terms.
24.2 Restrictions. You may not assign or transfer these Terms or any right under them without Acorns' prior written consent, and any attempt to do so is void. Acorns may assign or transfer these Terms, in whole or in part, to an Affiliated Entity or in connection with a merger, reorganization, sale, or transfer of assets or business.
24.3 Interpretation. Headings are for convenience only and do not affect interpretation. Acorns' failure to enforce any provision is not a waiver.
Except as provided in Section 21(i), if any provision is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted. The remaining provisions remain in effect to the fullest extent permitted by law.
These Terms are the entire agreement between you and Acorns regarding Ask Acorns. The Acorns Privacy Policy describes how Acorns handles your information but is not part of these Terms.
Provisions that by their nature should survive will survive, including without limitation provisions concerning Inputs, intellectual property, legal compliance, disclaimers, liability, arbitration, indemnification, governing law, and interpretation.
24.4 Disclaimers. 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/.