Terms of Use

Effective Date: 08/28/2025
Version: 1.0

IMPORTANT—PLEASE READ: THIS AGREEMENT CONTAINS (1) A BINDING ARBITRATION PROVISION AND (2) A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. EXCEPT AS STATED BELOW, DISPUTES MUST BE RESOLVED BY INDIVIDUAL ARBITRATION. IF YOU DO NOT AGREE, DO NOT USE THE APP.

1) Agreement to Terms
These Terms of Use (“Terms”) are a legal agreement between you (“you” or “User”) and Next Cash LLC (“Next Cash,” “we,” “us,” or “our”) governing your access to and use of the Next Cash mobile application and related services (collectively, the “App”). By creating an account, downloading, installing, or using the App, you confirm that you are at least 18 years old, a U.S. resident, and that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App.

2) Arbitration Agreement & Class Action Waiver
2.1 Agreement to Arbitrate. YOU AND NEXT CASH AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL BE RESOLVED EXCLUSIVELY BY BINDING, INDIVIDUAL ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES, RATHER THAN IN COURT, UNLESS YOUR DISPUTE QUALIFIES FOR SMALL CLAIMS COURT.
2.2 Class and Jury Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND NEXT CASH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
2.3 Opt-Out. You may opt out of this Arbitration Agreement by sending a written notice to support@nextcash.us within 30 days of first accepting these Terms. Your opt-out must include your name, the email and phone associated with your account, and a clear statement that you opt out of arbitration.
2.4 Exceptions. This Section does not apply to claims brought by covered borrowers under the Military Lending Act to the extent prohibited by law.
2.5 Governing Rules and Fees. Arbitration shall be administered by AAA under the Consumer Arbitration Rules. The arbitrator has exclusive authority to resolve disputes regarding arbitrability and the scope, enforceability, and validity of this Section. We will pay arbitration fees as required by AAA rules and applicable law.

3) About the App; No Financial Advice
The App is a financial technology platform that helps eligible users access certain consumer financial products and services offered either by Next Cash or by third-party financial institutions (collectively, “Financial Partners”). Unless expressly stated for your state and product, Next Cash is not a bank and does not itself extend credit in every jurisdiction. Content in the App is for informational purposes only and does not constitute legal, tax, or financial advice.

4) Availability; Eligibility; Territory
4.1 Availability. Products and features may not be available in all states. Eligibility and terms vary by state, product, and partner.
4.2 Minimum Requirements. You must be at least 18, reside in the United States, and have capacity to contract. You must maintain a valid mobile number, a compatible device, and an eligible U.S. bank account for disbursements and repayments.
4.3 Verification. We may require identity, income, and account verification (including, where permitted, collection of government ID, SSN, and bank account information). You agree to provide accurate, current, and complete information and to keep it updated.

5) Account Registration; Security
5.1 Account Creation. You must create an account to use most features. You are responsible for your credentials and for all activity under your account.
5.2 Security. Protect your device and credentials. Notify us immediately of unauthorized use or suspected breach at support@nextcash.us.
5.3 One Account. We may limit you to one User account and one active application at a time.

6) Product Overview (Informational)
The App facilitates access to the following categories of consumer credit products, subject to state law, underwriting, and partner availability:
6.1 Cash Advances. Small-dollar amounts (e.g., approximately $100–$500) intended to bridge income timing gaps or cover urgent expenses. Typically repaid in a single payment or short cycle.
6.2 Personal Loans. Larger installment loans, generally repaid over several months, for broader financial needs (e.g., medical expenses, car repairs, debt consolidation).
6.3 Card Programs (Coming Soon). A Next Cash-branded card may be issued by a bank partner. Features, credit limits (e.g., up to $700), fees, and terms will be disclosed by the issuing bank. Joining a waitlist does not guarantee eligibility or approval.

7) Cost of Credit; APR; Representative Terms
7.1 APR Disclosure. The Annual Percentage Rate (“APR”) reflects the annualized cost of credit, including interest and certain fees. APRs for products accessible through the App may be up to 35%, subject to your eligibility, the product type, loan amount, repayment term, and risk assessments.
7.2 Repayment Periods. Repayment schedules generally range from 90 days (3 months) to 24 months (2 years), depending on product and state law. Your specific repayment terms will be disclosed before you accept any offer.
7.3 Early Payoff. Early repayment may be allowed without penalty, depending on the product. Review your specific agreement for details.
7.4 No Hidden Fees. Any fees (e.g., origination, late, or processing fees) will be disclosed before you accept a loan or advance.

8) Fees & Charges
8.1 Upfront Disclosures. All material fees, if any, will be shown prior to your acceptance. Examples may include origination fees, late fees, returned payment fees, or expedited funding fees (where permitted).
8.2 No Surprise Charges. We do not impose undisclosed fees. You will have access to a transparent cost breakdown for each product you consider.

9) Eligibility & Underwriting
9.1 Criteria. Eligibility may consider identity verification, income and employment data, bank account activity, repayment history, and information you provide in the App.
9.2 Changes. We may modify eligibility criteria in compliance with law and internal risk policies. We are not obligated to provide products to every applicant.

10) Credit Inquiries; “No Hard Credit Check” Clarification
10.1 Soft vs. Hard Pulls. Next Cash does not itself run hard credit inquiries to present preliminary offers. We or our partners may use soft inquiries that do not impact your credit score. However, certain Financial Partners may require a hard inquiry before final approval or funding; if so, they will obtain your consent and make appropriate disclosures, and a hard inquiry may impact your credit score.
10.2 Accuracy of Information. You authorize us and our partners to verify the information you provide using third-party databases, identity verification providers, and your financial institutions, subject to applicable law.

11) Acceptance of Product-Specific Agreements
11.1 Separate Agreements. If you accept an offer, you will be presented with a product-specific agreement (e.g., loan agreement, cardholder agreement). That agreement is between you and the originating lender or issuing bank (or Next Cash where applicable) and will govern the transaction.
11.2 Review Carefully. It is your responsibility to review and understand all terms (APR, fees, repayment schedule, late/returned payment policies, and any collateral or security interests). Do not accept unless you agree.

12) Funding; Disbursement; Repayments
12.1 Funding. If approved, funds are typically disbursed to your linked bank account by ACH or similar rail. Actual timing depends on your bank and processing cutoffs.
12.2 Repayments. You authorize repayments per your agreement (e.g., ACH debits on due dates). Ensure sufficient funds are available. You are responsible for any third-party charges (e.g., your bank’s NSF fees).
12.3 Payment Changes. If a scheduled debit falls on a weekend/holiday, it may process on the next business day. You may request alternative arrangements where permitted by law and your agreement.

13) ACH Authorization & Electronic Fund Transfers
13.1 Authorization. By providing bank account details and accepting a product, you authorize Next Cash and/or its Financial Partners and payment processors to initiate credits and debits to and from your account for funding, repayments, adjustments, and fee collections, per your agreement and the Nacha Operating Rules.
13.2 Revocation. You may revoke ACH authorization by contacting support@nextcash.us and your bank; however, revocation does not cancel your obligation to pay amounts due. We may require certified funds or other methods if you revoke ACH.
13.3 Errors. Report suspected unauthorized or erroneous transfers promptly. We will investigate consistent with applicable law.

14) Rewards, Points, and Promotions
14.1 Program Overview. The App may include a rewards program (e.g., points for eligible activities). Rewards may be redeemed for benefits such as fee waivers, expedited services, or upgrades, subject to terms.
14.2 Not Cash; Changes. Rewards are not cash, have no cash value, and are non-transferable. We may modify or terminate rewards at any time with or without notice where permitted by law.
14.3 Abuse & Forfeiture. We may suspend or forfeit rewards for suspected fraud, misuse, or violation of these Terms or program rules.

15) Communications; E-Sign Consent
15.1 E-Sign. You agree to receive and sign disclosures, agreements, and notices electronically (e.g., via the App, email, or SMS) in compliance with the E-SIGN Act. You must keep your email and phone number current and maintain the hardware/software needed to access and retain records.
15.2 Texts & Calls. By providing a phone number, you consent to receive autodialed or prerecorded calls and texts from us or our service providers regarding your account and transactions. You can opt out of non-essential marketing texts by replying STOP. Transactional, security, or legally required messages may continue.

16) Prohibited Conduct
You agree not to: (a) provide false, inaccurate, or misleading information; (b) use the App for illegal purposes, including fraud or money laundering; (c) interfere with App security or integrity; (d) reverse engineer, scrape, or mine data except as permitted; (e) use the App in a way that infringes the rights of others; (f) create multiple accounts to circumvent limits or decisions.

17) Third-Party Services & Links
The App may link to or integrate with third-party services (identity verification, payment processing, analytics, bank connectors). Your use of such services may be subject to those third parties’ terms and privacy policies. We are not responsible for third-party content or practices.

18) Intellectual Property; License to Use the App
18.1 Ownership. The App and all related content, software, trademarks, and materials are owned by Next Cash or its licensors and are protected by intellectual property laws.
18.2 Limited License. Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to install and use the App on a device you own or control solely for personal, lawful use.
18.3 Restrictions. You may not copy, modify, distribute, sell, lease, reverse engineer, or otherwise exploit the App except as expressly permitted by law.

19) Apple App Store & Google Play Terms
If you downloaded the App from Apple or Google:
(a) You acknowledge these Terms are between you and Next Cash only.
(b) Apple/Google is not responsible for the App or its content, maintenance, support, or warranties.
(c) Apple/Google and their subsidiaries are third-party beneficiaries of these Terms and may enforce them.

20) Disclaimers
20.1 “As Is.” THE APP AND RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
20.2 No Guarantee. WE DO NOT WARRANT THAT APPROVAL, FUNDING SPEEDS, OR SPECIFIC PRODUCT TERMS WILL BE AVAILABLE, OR THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE. STATE RESTRICTIONS AND PARTNER AVAILABILITY APPLY.

21) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NEXT CASH OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE APP OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS YOU PAID TO US, IF ANY, FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

22) Indemnification
You agree to defend, indemnify, and hold harmless Next Cash and its affiliates, officers, directors, employees, and agents from and against any losses, liabilities, claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the App; (b) your violation of these Terms; or (c) your violation of any law or third-party right.

23) State-Specific Notices & Licensing
23.1 Licensing. Certain products may be offered by state-licensed lenders or by Next Cash where licensed or exempt. Licensing information for specific states and products will be provided in product disclosures or on request. [If applicable, insert license numbers and NMLS ID here.]
23.2 No Offer Where Prohibited. We do not offer products in jurisdictions where prohibited by law. Additional state-specific disclosures will be presented as required before you accept an offer.

24) Military Lending Act (MLA)
If you are a “covered borrower” under the MLA (e.g., active-duty servicemember or a dependent), additional protections apply, including a maximum Military APR (MAPR) of 36% and certain disclosure and contract requirements. To the extent any term of these Terms conflicts with the MLA or is prohibited (such as certain arbitration provisions), that conflicting term will not apply to you.

25) Modifications; Suspension; Termination
25.1 Changes to the App. We may modify, suspend, or discontinue any part of the App at any time without notice.
25.2 Changes to Terms. We may update these Terms from time to time. Material changes will be communicated via the App or email. Your continued use after changes take effect constitutes acceptance.
25.3 Termination. We may suspend or terminate your access for any reason consistent with law, including suspected fraud, noncompliance, or risk concerns. You may stop using the App at any time. Termination does not affect rights and obligations that by their nature should survive (e.g., arbitration, indemnification, payment obligations).

26) Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, labor disputes, utility or internet failures, pandemics, governmental actions, or other force majeure events.

27) Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms, in whole or part, without notice in connection with a merger, acquisition, reorganization, or sale of assets.

28) Severability; Waiver; Entire Agreement
If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in effect. Our failure to enforce a right is not a waiver. These Terms, together with the Privacy Policy and any product-specific agreement you accept, constitute the entire agreement between you and us regarding the App.

29) Governing Law; Venue (Subject to Arbitration)
Except to the extent preempted by federal law or overridden by the Arbitration Agreement, these Terms are governed by the laws of the State of Wyoming, without regard to conflict of laws. If the Arbitration Agreement is found unenforceable as to a particular claim, the exclusive venue for that claim will be the state or federal courts located in Laramie County, Wyoming, and you consent to personal jurisdiction there.

30) Notices; Contact
Questions or notices under these Terms may be sent to:
Next Cash LLC
525 Randall Ave Ste 100
Cheyenne, Wyoming 82001-2772 USA
Email: support@nextcash.us

Schedule A: Product Terms Overview (Informational Summary Only)
A1) Cash Advances
Purpose: Short-term, small-dollar amounts to bridge cash flow gaps.
APR: Up to 35% (varies by eligibility and state law).
Repayment: Typically a single payment or short cycle; minimum 90 days where applicable.
Fees: Any origination, late, returned payment, or expedited funding fees will be disclosed before acceptance.
Early Payoff: Generally permitted without penalty; see your agreement.

A2) Personal Loans
Purpose: Larger installment loans for broader needs (e.g., medical, auto, debt consolidation).
APR: Up to 35%, depending on eligibility, term, and state.
Repayment: Fixed installments over 3–24 months, as disclosed.
Fees: Any applicable origination, late, or other fees disclosed upfront.
Prepayment: Typically allowed without penalty unless prohibited by law.

A3) Card Program (Coming Soon)
Issuer: A bank partner will issue the card; you will receive a cardholder agreement from the issuer.
Limits & Fees: For example, limits up to $700; specific fees and terms depend on underwriting and issuer policies.
Credit Reporting: If applicable, reporting practices will be disclosed by the issuing bank.
Rewards: Participation in any rewards is optional and governed by program terms.

Schedule B: FAQ-Style Legal Clarifications (Summary Only)
B1) Will applying affect my credit? We do not run hard pulls to show preliminary offers. Some Financial Partners may require a hard inquiry before funding; you will be notified and asked to consent.
B2) How fast is funding? Many disbursements occur within minutes after approval, but timing depends on your bank and processing windows.
B3) Are there hidden fees? No. All fees are disclosed before acceptance.
B4) Can I repay early? Typically yes, without penalty; see your specific agreement.
B5) Is the App available in every state? Not necessarily. Availability varies by product and state law.