Terms and Conditions of Use for Nu App and Website

Welcome to Nu!

Thank you for choosing Nu United States LLC (“Nu”). This document explains how you can use our app and website (“Services”) and outlines important responsibilities and rules for both you and Nu.

By using our Services, you agree to these Terms and Conditions (“Term”), so please read carefully.

IMPORTANT. THIS TERM CONTAINS AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY BINDING ARBITRATION. THIS CONTRACT ALSO INCLUDES A WAIVER OF JURY TRIAL AND WAIVER OF RIGHTS TO PARTICIPATE IN A CLASS ACTION.

Who We Are

It’s important to disclose that Nu is not a bank. Our services are offered in partnership with a sponsor bank Lead Bank, Member FDIC, which provides banking services, while Nu distributes and services these offerings, such as credit card, debit card, accounts and among others Services. Nu is a digital platform offering tools to manage your finances, including but not limited to:

Viewing and managing your account balances and transactions.
Accessing credit and prepaid card details and payment options.
Using digital banking services, such as payments and transfers.

We aim to make managing your finances simple, secure, and convenient.

2. Using the Nu App and Website

Registration and Access. To use the Nu app and website, you must create an account with accurate and up-to-date information. You are responsible for keeping your login credentials private and secure. Access to certain features may require additional verification steps, like a password, biometric authentication or unique codes sent to your device.

The app and website are for your personal, non-commercial use.

Keeping your Account Secure. Do not share your unique codes, personal password or allow others to use your account. If you suspect unauthorized access, notify us immediately via the support channels in the app.

Always log out from the app or website after use, especially on shared devices.

Keep your app and operating system updated to ensure maximum security.

Acceptable Use. You agree to use our Services only for lawful purposes and in accordance with these Terms and Conditions. Acceptable activities include, but are not limited to:

Viewing and managing your personal account balances and transactions.
Accessing the Services details and payment options for your personal use.
Utilizing digital banking services, such as making payments and transferring funds for legitimate personal financial purposes.
Communicating with Nu through official support channels for assistance or to report issues.
Maintaining the security of your account by using strong passwords and enabling available security features.

Prohibited activities include, but not limited to:

Using the Services to commit fraud, launder money, finance terrorism, or violate any applicable local, state, federal, or international laws or regulations.
Sharing, transmitting, or uploading any material that is harmful, illegal, defamatory, obscene, infringing, or otherwise objectionable, including but not limited to viruses, malware, trojan horses, phishing or other malicious software.
Misusing or overloading our systems, including attempting to gain unauthorized access to our Services, servers, or networks, or engaging in any activity that disrupts or interferes with the performance or functionality of the Services.
Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Nu app or website.
Using any automated system, including without limitation "robots," "spiders," or "offline readers," to access the Services in a manner that sends more request messages to Nu's servers than a human can reasonably produce in the same period by using a conventional online web browser.
Using the Services for any commercial purposes or for the benefit of any third party, unless explicitly authorized by Nu in writing.
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Collecting or harvesting any personally identifiable information, including account names, from the Services.
Using the Services to harass, abuse, or harm another person, including Nu employees and other users.
Violating or attempting to violate the security of our Services, including, without limitation, accessing data not intended for you or logging into a server or account which you are not authorized to access.

3. User Responsibilities

Without excluding other responsibilities provided in your Card and/or Account Agreement or any other agreement with Nu, you must:

Provide accurate and truthful information when creating and maintaining your account, subject to liability in the event of false or untrue information.
Monitor your account activity and promptly report any suspicious transactions or behavior.
Ensure your device and network are secure when accessing our Services.
Respect other users and our staff in all interactions.

4. Privacy and Data Usage

We care about your privacy. All personal information provided is handled according to our Privacy Policy. By using the Services, you consent to the collection, use, and storage of your information as outlined in our Privacy Policy. Additionally, by agreeing to these Terms and Conditions, you consent to electronic communications as governed by our E-Sign Disclosure and agreements, which outline your rights and responsibilities regarding electronic records.

5. Termination of Use

Termination by Nu: We may suspend or terminate your access to the Services if:

You violate these Terms and Conditions.
Fraudulent, abusive, or unauthorized activities are detected on or associated with your account or Services.
Continued use of your account poses risks to you,Nu or other users or third parties.
We are required to do so by law or by a regulatory authority.
You fail to provide or maintain accurate, current, and complete information as required by these Terms and Conditions. In such cases, we will notify you with reasons for the action, except when prohibited by law or if prior notification is deemed by Nu, in its sole discretion, to be a security risk

Termination by you: You may terminate these Terms and Conditions at any time by closing your account and ceasing all use of the Services. Instructions for closing your account can be found within the Services or by contacting Nu support.

Upon termination of your account for any reason:

Your right to access and use the Services will immediately cease.
We will not be liable to you or any third party for any termination of your access to the Services.
Any provisions of these Terms and Conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions, including the Arbitration Provision.

6. Safety and Security Commitments

Our Commitment

We use state-of-the-art technologies to ensure the safety and confidentiality of Your personal and financial data. This includes advanced encryption, multi-layered authentication systems, firewalls, and regular system monitoring and updates to guard against emerging threats.
Our infrastructure is regularly tested and audited to ensure compliance with global security standards and best practices.
We are committed to maintaining transparency and will promptly inform You of any suspicious activities detected in Your account.
We do not compromise on the integrity of Your information and partner only with trusted and certified providers to deliver secure services.

Your Role

Always use official and trusted platforms to access Nu services. Verify website URLs, email addresses, and app details to avoid fake or malicious sources.
Never share Your credentials, including passwords or authentication codes, with anyone. Nu will never request such information through email, text, or third-party channels.
Regularly update Your passwords and use unique, complex combinations to enhance security.
Enable additional safety features such as multi-factor authentication and biometric login where available.
Stay alert for phishing attempts, including suspicious links, promises, or fake Nu impersonations. Report such incidents immediately to Nu support.
Keep Your device software updated to ensure compatibility with the latest security protocols.
Be cautious and proactive in safeguarding Your financial information. Your vigilance is a critical component of our shared security framework.

7. Governing Law and Legal Compliance

Governing Law. These Terms and any disputes arising out of or relating to them will be governed by the laws of the State of Missouri and applicable U.S. federal laws, without regard to conflict of law principles. Any disputes will be resolved exclusively in the courts located within Missouri.

Compliance Acknowledgment. By using our Services, You agree to comply with all applicable federal, state, and local laws, including but not limited to those governing financial services, consumer protection, and electronic communications.

8. Disclaimers and Limitations of Liability

The Nu app and website are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Nu disclaims all warranties, express or implied, in connection with the Services and Your use thereof, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Nu does not guarantee uninterrupted or error-free service, and non-infringement.

Nu makes no warranties or representations about the accuracy, reliability, timeliness, or completeness of the Services' content, or the content of any sites linked to the Services, and assumes no liability or responsibility for any:

Errors, mistakes, or inaccuracies of content and materials.
Personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Services.
Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
Any interruption or cessation of transmission to or from the Services.
Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party.
Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.

Nu does not guarantee that the Services will be secure, uninterrupted, or error-free, or that defects will be corrected. You acknowledge that Your use of the Services is at Your sole risk.

In no event will Nu, its directors, employees, or agents be liable to You or any third party for any direct, indirect, incidental, consequential, special, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Nu has been advised of the possibility of such damages, arising from or relating to Your access to, use of, or inability to use the Services, or any decisions made or actions taken by You in reliance on any information or services provided through the Services.

This limitation of liability is a fundamental element of the basis of the bargain between Nu and You. Each of these provisions is severable and independent of all other provisions of these Terms and Conditions. The limitations in this section will apply even if any limited remedy fails for its essential purpose.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to You. In such jurisdictions, Nu’s liability will be limited to the greatest extent permitted by law.

9. Intellectual Property

All content, materials, and features within the Nu app and website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation of all content on the Services ("Content"), are owned by or licensed to Nu United States LLC and are protected by United States of America and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Nu grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal, non-commercial use of the Services and the Content strictly in accordance with these Terms and Conditions. This license does not include any resale or commercial use of any Service or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or its Content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the Content without the prior written consent of Nu.

The Nu name, the Nu logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Nu or its affiliates or licensors. You must not use such markswithout the prior written permission of Nu. All other names, logos, product and service names, designs, and slogans on these Services are the trademarks of their respective owners.

No right, title, or interest in or to the Services or any Content on the Services is transferred to You, and all rights not expressly granted are reserved by Nu. Any use of the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws..

10. Indemnification.

When You use Nu App and website, You agree to indemnify, defend, and hold harmless Nu, its affiliates, directors, officers, employees, agents, and licensors from any losses, damages, legal fees, or expenses that result from Your actions in these specific situations: i) when You use the Nu App or website in any way that is Your irregular; ii) If You don't follow these Terms, breaking any rules mentioned in this Term; iii) any violation of applicable laws or regulations; iv) If You act carelessly or intentionally cause harm, this includes any negligence or deliberate wrongdoing on Your part; v) if You violate or infringe Our or third parties intellectual property.

11. Arbitration, Waiver of Jury Trial and Waiver of Class Actions

IMPORTANT: PLEASE READ THIS ARBITRATION AND DISPUTE RESOLUTION CLAUSE CAREFULLY. IT EXPLAINS THAT YOU MAY BE REQUIRED TO RESOLVE DISPUTES THROUGH ARBITRATION INSTEAD OF COURT. BY AGREEING TO THIS TERM, YOU ARE GIVING UP YOUR RIGHT TO A JURY TRIAL, TO PARTICIPATE IN CLASS ACTION LAWSUITS OR ARBITRATIONS, OR TO ACT AS A PRIVATE ATTORNEY GENERAL. IF YOU DO NOT UNDERSTAND THIS TERM, SEEK INDEPENDENT LEGAL ADVICE.

By using the Services, You and Nu agree that any and all past, present and future disputes, claims, or causes of action arising out of or relating to these Terms and Conditions, the Services, Your relationship with Nu, or any other aspect of our relationship (collectively, "Claims") will be resolved through final and binding arbitration, rather than in court, except as otherwise provided below.

YOU AND NU FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s Claims and may not otherwise preside over any form of a representative or class proceeding.

Either You or Nu can choose to arbitrate any Dispute. Arbitration will be legally binding, and the arbitrator's decision can be entered as a court judgment. All legal deadlines, statutes of limitation, apply. The arbitrator will apply Missouri law, whenever it is possible. This Term involves interstate commerce and is governed by the Federal Arbitration Act (FAA). Arbitration will be conducted under the consumer arbitration rules ("Arbitration Rules") of the American Arbitration Association (AAA) (www.adr.org, 1-800-778-7879). If there's a conflict, this Terms and Conditions terms control.

Before starting arbitration, You must send to Nu a written notice via email at support@us.nu.co. This notice must include Your name, full account number, mailing address, phone, email, and a description of Your Dispute and what You are asking for. It must be personally signed by You and address only Your Dispute. After receiving Your notice, You and NU will have 60 days (the "Pre-Arbitration Resolution Period") to try to resolve the Dispute. Legal deadlines for filing a lawsuit will be paused during this period. Completing this process is required before arbitration can begin.

You can reject this Arbitration and Dispute Resolution Clause by emailing NU a written rejection notice at support@us.nu.co. The notice must describe this Terms and Conditions and state Your rejection of this Arbitration Clause. It is effective only if sent by You and emailed within 30 days after the date of this Terms and Conditions. Rejecting this clause will not affect any other part of this Term. If not rejected, it becomes effective on the date of this Term.

Notwithstanding the agreement to arbitrate, You or Nu may elect to bring an individual Claim in a small claims court of competent jurisdiction, provided the Claim is and remains within the jurisdiction of that court.

This Arbitration Provision shall survive the termination of Your relationship with Nu, the termination of Your Nu relationship, Services, or the termination of these Terms and Conditions. The Federal Arbitration Act (FAA) will govern the interpretation and enforcement of this Arbitration Provision. To the extent not preempted by the FAA, the laws of the State of Missouri, without regard to principles of conflict of laws, will apply.

If any portion of this Arbitration Provision is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from these Terms; severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Provision or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Provision; and to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Even with our arbitration agreement, You or Us can choose to take an individual dispute to a small claims court instead of arbitration.

When Can You Choose Small Claims? You can make this choice either before or after an arbitration has started, but only before an arbitrator has been officially assigned to Your case. If You choose a small claims court at that point, the arbitration process will be paused.

Small Claims Court Decides. If there's any disagreement about whether Your case belongs in small claims court, the small claims court itself will make that decision.

Back to Arbitration. If a small claims court decides it doesn't have the authority to hear Your case, then the dispute will be handled through arbitration as outlined in this Term. This clause does not apply where prohibited by law.

You must file any lawsuit or start arbitration against Us within two years after the reason for the action arises, unless a shorter time is allowed by applicable law or another agreement.

12. External Links

Our app and website may include links to third-party websites or services. Nu does not endorse or take responsibility for the content, products, or services offered by third-party sites. Accessing such sites is at Your own risk.

13. Changes to These Terms

We may update these Terms occasionally to reflect changes in our Services or legal requirements. If changes are significant, we will notify You through the app or email. Continued use of the Services after updates indicates Your acceptance of the new Terms.

14. Contact Us

If You have any questions or concerns about these Terms or our Services You can contact Us by phone at +1 (888) 880-0755 or by writing to Nu United States LLC, to: 255 Giralda Avenue, 5th Floor, Coral Gables, Miami, FL 33134 or by e-mail support@us.nu.com or via chat on Nu App.

Thank You for trusting Nu.