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Reward Terms

DAILYPAY REWARD PAYMENT TERMS

(ADDITIONAL TERMS OF THE DAILYPAY SITE TERMS)

Last updated: May 7, 2021

Welcome to DailyPay Reward Payment!

We want you to completely understand DailyPay Reward Payment. These DailyPay Reward Payment Terms (“Reward Payment Terms”) are a contract and explain important things you should know about DailyPay Reward Payment.

By using DailyPay Reward Payment, you agree to these Reward Payment Terms and the DailyPay Site Terms available at https://dailypay.com/legal/terms-of-use/. Please read these Reward Payment Terms and the DailyPay Site Terms carefully.

Capitalized terms used in these Reward Payment Terms have the meanings provided in Section 6 below.

Other Languages: We may offer you a version of these Reward Payment Terms in another language to facilitate your understanding of these Reward Payment Terms, but in case of disputes or controversies the English version will prevail.

1. If the Hiring Entity Participates, DailyPay Reward Payment Allows You to Receive Payments for Incentives and Bonuses

As described more specifically below, DailyPay Reward Payment allows you, if the entity to which you provide services (the “Hiring Entity”) participates in DailyPay Reward Payment, to access amounts the Hiring Entity designates as incentive or bonus payments in DailyPay Reward Payment. We will not charge you a fee for the DailyPay Reward Payment feature described in this Section 1.

For clarity, the DailyPay Reward Payment feature does not relate to your regular pay.

Here is how the DailyPay Reward Payment feature works:

From time to time, the Hiring Entity may choose to use DailyPay Reward Payment in connection with your Reward Amount. If the Hiring Entity chooses not to offer you use of DailyPay Reward Payment, then you will need to make separate arrangements with the Hiring Entity in connection with your Reward Amount.

When the Hiring Entity chooses to make a Reward Amount available to you through DailyPay Reward Payment, you may claim the Reward Payment Amount by directing us to facilitate delivery of the Reward Payment Amount to a debit card or bank account designated by you. From time to time, we may ask you to confirm your designated debit card or designated bank account for your receipt of payments. For each such payment, we will keep any Reward Amount, and you will receive the Reward Amount Provided in your designated debit card or designated bank account.

When we deliver to you the Reward Amount Provided, you give us all right, title, and interest to the related Reward Amount. We will deliver the Reward Amount Provided to your designated debit card or designated bank account.

We do not assume any liabilities or duties related to any Reward Amount: any such liabilities and duties will remain solely with you. By giving us your right, title, and interest in and to your Reward Amount, you agree that we can stand in your shoes and receive payment for the Reward Amount from the Hiring Entity.

Our right to receive your Reward Amount is non-recourse and does not create any debt obligation owed by you to us. This means that if the Hiring Entity pays us an amount that is less than the amount of the Reward Amount—for example, if the Hiring Entity is unable to pay because its business has slowed down or closed in the ordinary course of business—and if you have not breached these Reward Payment Terms, then you will owe us nothing. Under such circumstances, we will have no legal or contractual claim or remedy against you based on our inability to collect the full amount of the Reward Amount, and we will not engage in debt collection activities against you, place the Reward Amount as a debt or sell it to a third party, or report you to a consumer reporting agency.

We know that having the right to receive your Reward Amount has associated risks, and we assume these risks based on the representations, warranties, and promises you make in these Reward Payment Terms. You agree that the provisions of these Reward Payment Terms are designed to give us a reasonable and fair opportunity to receive the benefit of our transaction with you.

You must notify us immediately if your designated debit card or designated bank account information changes. If you do not, your DailyPay account and your participation in DailyPay Reward Payment, including your payments or Reward Amount, could be adversely impacted. We are not liable for any of these adverse impacts. We also do not control when your bank posts incoming payments to your designated debit card or designated bank account, so there may be delays which are beyond DailyPay’s control and which you may resolve with your bank. If we experience difficulty delivering the Reward Amount Provided to your designated debit card or designated bank account, we may request that you provide us with an alternative debit card or bank account for delivery of the Reward Amount Provided.

We may use third-party service providers to interact with your designated debit card or designated bank account, including obtaining and exercising your authority to manage and initiate credit transactions involving your designated debit card or designated bank account. You authorize us and these third-party service providers to interact with your designated debit card or designated bank account to the extent necessary to provide you DailyPay Reward Payment.

We reserve the right, in our sole discretion, to delay, suspend, or terminate your access to your DailyPay account, your participation in DailyPay Reward Payment, and payments if we believe there has been fraudulent or suspicious activity related to your DailyPay account or if you have been terminated as a service provider by the Hiring Entity.

2. You Consent to the Hiring Entity Sharing Data with Us and Receiving Data from Us

DailyPay Reward Payment relies upon information from the Hiring Entity about you. You consent to the Hiring Entity sharing data required for us to provide DailyPay Reward Payment. This includes:

  • Your name;

  • Your employee identification number, if applicable;

  • Your contact information (including your email and your mobile phone number);

  • Your gross and net bonus or other incentive payment information;

  • Your payment information, including information related to payment corrections and termination pay;

  • Your employment status, including your termination date, if applicable;

  • Your debit card and bank account information (for purposes of facilitating payments); and

  • Any other related data shared by the Hiring Entity.

DailyPay only requests information from the Hiring Entity that is required to provide DailyPay Reward Payment, and such information is not shared outside of DailyPay, other than with regulators, the Hiring Entity, and DailyPay’s service providers that are necessary to provide DailyPay Reward Payment.

If your DailyPay account is closed, you authorize us to inform the Hiring Entity and to provide the Hiring Entity for payment purposes designated debit card or designated bank account information and related information we have on file for you. You consent to your Reward Amount being sent to a debit card or bank account we have on file for you after your DailyPay account is closed unless you specify otherwise.

You may also provide information or content directly to us through DailyPay Reward Payment. You grant and will grant to DailyPay and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to: (A) copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of DailyPay Reward Payment; and (B) use your User Content in aggregated and/or anonymized format in connection with (i) the promotion, advertising, or marketing of DailyPay Reward Payment or (ii) other services we provide to our customers and business partners. You represent and warrant that you have the rights to upload, input, or submit the User Content to DailyPay Reward Payment and grant the foregoing license. DailyPay is not obligated to pre-screen or review User Content, but DailyPay reserves the right to do so to ensure your compliance with these Reward Payment Terms. DailyPay will also have the right (but not the obligation) in its sole discretion to disable access to or delete any User Content that it considers to violate these Reward Payment Terms or be otherwise illegal. DailyPay may share User Content with the Hiring Entity, and any third-party service providers, as well as otherwise described in the Privacy Policy.

3. Rules of the Road

You promise us that:

  • You will take all actions, including the execution of documents requested by us, to preserve and protect our right, title, and interest in and to any Reward Amount;

  • You will not take any action or make any omission (including redirecting payments, or placing or allowing placement of a lien or security interest on any Reward Amount) that has, individually or in the aggregate, an adverse effect on our ability to collect on or retain any Reward Amount; and

  • You will not use DailyPay Reward Payment to obtain more than the Reward Amount you are owed by the Hiring Entity, including receiving payments on the Reward Amount from both DailyPay and another person for the same obligation. If you receive a payment on the Reward Amount from the Hiring Entity or someone other than DailyPay, you must notify us immediately and hold the amount in trust for our benefit, or if we otherwise learn that you are expected to receive such a payment from the Hiring Entity or someone other than DailyPay, and in either case we may provide remittance instructions to you.

4. You Make Certain Representations and Warranties to Us

You represent and warrant to us on a continuing basis that:

  • These Reward Payment Terms constitute a legal and valid contract that is binding on you and enforceable against you as written;

  • The execution, delivery, and performance of these Reward Payment Terms by you does not violate any law or the provisions of any agreement to which you are bound;

  • There are no claims, actions, suits, audits, inquiries, proceedings, or governmental investigations pending or threatened involving you or the transactions contemplated by these Reward Payment Terms that, if adversely determined, would be reasonably expected to have an adverse effect on our ability to collect on or retain any Reward Amount; and

  • You have not used any name with us or with the Hiring Entity other than the name you used or verified to establish your DailyPay account.

And each time you use DailyPay Reward Payment to access any of your Reward Amount, you also represent and warrant to DailyPay that at the time we deliver the Reward Amount Provided:

  • You hold all legal right, title, and interest to and in the Reward Amount, free and clear of any liens, encumbrances, judgments, or garnishments; and you have not sold, pledged, assigned, or encumbered the Reward Amount;

  • The Reward Amount is presently and unconditionally owing and has not been modified, dismissed, settled, or paid; is not currently past due; and represents the amount owed by the Hiring Entity arising solely from your actual and timely provision to the Hiring Entity in the ordinary course of business of lawful services, which you have accurately recorded and described to the Hiring Entity;

  • The Reward Amount is not subject to any Dispute, claim, offset, deduction, discount, defense, or counterclaim of any kind; and

  • There has been no error, misrepresentation, negligence, fraud, omission, or violation of law on the part of you with respect to the Reward Amount or its underlying services.

5. You Are Responsible for All Disputes Between You and the Hiring Entity

DailyPay Reward Payment relies upon information from the Hiring Entity about you. Sometimes the Hiring Entity might disagree with you about the amount of the Reward Amount you earned or the amount that it owes you. We do not resolve or otherwise become involved in Disputes between you and the Hiring Entity. Instead, resolving such Disputes is your sole responsibility. You must notify us of any Dispute immediately but in no event more than five days of becoming aware of it, and you must work directly with the Hiring Entity to resolve the Dispute. A Dispute is resolved when the Hiring Entity pays the full amount of the disputed Reward Amount. You will provide DailyPay periodic updates, as requested by DailyPay, regarding the status of the Dispute.

You must resolve any Dispute related to the Reward Amount within 30 days of becoming aware of it. If you are unable to resolve a Dispute related to the Reward Amount within 30 days of becoming aware of it, then you must immediately send us payment in the amount of the Reward Amount Provided but in no event more than three additional days.

6. Definitions Used in These Reward Payment Terms

The following terms used in these Reward Payment Terms have the following meanings:

  • “DailyPay,” “our,” “us,” and “we” mean DailyPay, Inc.

  • “DailyPay Reward Payment” means a Service offered by DailyPay to facilitate the payment of Reward Amounts.

  • “Dispute” means a situation in which the Hiring Entity questions, objects, denies, challenges, or contradicts the quality, quantity, or other aspect of any of your services that are related to the Reward Amount, and is unwilling to pay or claims a right to recover any portion of the Reward Amount.

  • “Reward Amount” means the right to payment (e.g., account receivable) owed to you by the Hiring Entity that are earned or accrued but unpaid bonus or incentive payments. For clarity, the Reward Amount does not include your regular pay.

  • “Reward Amount Provided” means the Reward Amount we have agreed to make available to you.

  • “Reward Payment Terms” means these DailyPay Reward Payment Terms.

  • “Service” has the meaning set forth at the top of the DailyPay Site Terms.

  • “Site” has the meaning set forth at the top of the DailyPay Site Terms.

  • “Site Information” has the meaning set forth in Section 3 of the DailyPay Site Terms.

  • “User Content” means, in addition to information that is made available to DailyPay through your use of DailyPay Reward Payment, information about you that you provide DailyPay, including information about your financial, personal, or professional activities.