Last updated: May 11, 2023
Welcome to the DailyPay movement!
Welcome to DailyPay! DailyPay, Inc. (“DailyPay,” “our,” “us” or “we”) provides a platform to employers that enables employees and other service providers to access on-demand pay securely, seamlessly, and compliantly. The DailyPay Solution is a comprehensive suite of pay experience capabilities designed to revolutionize pay processes for employees and employers. DailyPay also makes available Friday by DailyPayTM which is a general purpose reloadable card and mobile application.
We want you to completely understand what we do, how we do it, and what is required of you. These Terms of Service (“Terms”) are a contract and explain things you should know about using our websites, www.dailypay.com and https://friday.dailypay.com (together, the “Site”), our mobile applications (the “Mobile Apps”), and our related applications and technologies (collectively, including the Site, the Mobile Apps, and updated or new features and functionality, the “Services”). By using the Services, you agree to these Terms. If you do not agree to these Terms, you may not use the Services and you must close your account to access the Site and the Mobile Apps (“DailyPay account”).
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Other Languages: We may offer you a version of these Terms in another language to facilitate your understanding of these Terms, but in case of disputes or controversies, the English version will prevail.
The Services include the “DailyPay Program,” a service that enables an employee or service provider to access earnings arising from regular pay with no-fee and transaction fee options. If you are a DailyPay Program participant, the DailyPay Program Terms (“Program Terms”) supplement these Terms and govern your participation in the DailyPay Program. The Services also include “DailyPay Cycle Payment,” a service that allows an employee or service provider of a participating business to access other amounts the business owes to the employee or service provider, such as net bonus pay, incentive pay, expense reimbursements, termination pay, and other off-cycle amounts that do not arise from the regular wage, fee, or salary payment cycle. If you participate in DailyPay Cycle Payment, the DailyPay Cycle Payment Terms (“Cycle Payment Terms”) supplement these Terms and govern your use of the DailyPay Cycle Payment. The Services also include Friday by DailyPay, a Visa® prepaid card that provides users with no-fee, instant on-demand pay; the Friday Card can also be used to access ATMs, load cash and withdraw money, and make online or in-store purchases anywhere Visa® debit cards are accepted. Friday Card holders will also be subject to a separate cardholder agreement. Banking services for the Friday Card are provided by The Bancorp Bank, N.A., Member FDIC. The Services also include “DailyPay Reward Payment,” which allows the service provider of a participating Hiring Entity (as defined herein) to access amounts the Hiring Entity designates as incentive or bonus payments in DailyPay Reward Payment. If you participate in DailyPay Reward Payment, the DailyPay Reward Payment Terms (“Reward Payment Terms”) supplement these terms and govern your use of the DailyPay Reward Payment.
1. Use of the Services
The Services may be used only according to these Terms. You may use the Services only for lawful purposes. You may not modify, distribute, publish, license, create derivative works from, transfer, or sell any information or content contained on the Services.
We reserve the right, in our sole discretion, to refuse to approve a DailyPay account and to modify, delay, suspend, or terminate access to any DailyPay account and/or all or any part of the Services.
You represent, warrant, and promise that:
- If you are an individual, you are at least 18 years of age or if you are less than 18 years of age, you have received the necessary consent from a parent or legal guardian to use the Services;
- You are fully authorized to enter into and perform your obligations under these Terms;
- These 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 Terms by you does not violate laws of your jurisdiction 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 Terms;
- The name you used or verified to establish your DailyPay account is your legal name, and you have not used any other name with us;
- Any information, materials, data, content, or documents you provide or make available to DailyPay are and will remain true, correct, and complete;
- You will maintain and update your Personal Information to keep it true, accurate, current, and complete;
- You will keep all login details, user accounts, and passwords strictly confidential and secure at all times and will not allow anyone else, other than your authorized agents, to access your DailyPay account; and
- You are and will remain solely liable for the activity that occurs in connection with your DailyPay account and will notify us immediately if you become aware of any unauthorized access to your DailyPay account.
DailyPay will not be liable for any loss or damage arising from your failure to comply with these representations and warranties.
Further, you agree not to use the Services to:
- email or otherwise upload any content that (i) you do not have a right to upload under any law or under contractual or fiduciary relationships, (ii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or (iii) poses or creates a privacy or security risk to any person;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- violate any applicable local, state, national, or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Services;
- circumvent, remove, alter, deactivate, degrade, override, or bypass, or thwart any of the access controls including but not limited to the security features for, content protections in, or geographic restrictions on any content (including Services Information (as defined below)) available on or through the Services, including through the use of virtual private networks;
- modify, distribute, publish, license, create derivative works from, transfer, or sell any information or content contained in the Services;
- disassemble, decrypt, extract, reverse engineer or reverse compile the Services, or otherwise attempt to discover the source code, confidential algorithms or techniques incorporated in the Services;
- engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods, except as expressly permitted by DailyPay. If you are blocked by DailyPay from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent, override, or bypass, such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network); or
- monitor the Services’ availability, performance or functionality for any competitive purpose.
2. Additional Terms; Changes; Account Closure
DailyPay may offer you Services, such as the DailyPay Program, DailyPay Cycle Payment, the Friday Card, and DailyPay Reward Payment, which are subject to additional terms and conditions that are available on the Site or otherwise made available to you separately from these Terms (“Additional Terms”). The Program Terms, Cycle Payment Terms, and Reward Payment Terms are examples of Additional Terms. If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control with respect to the conflict.
We reserve the right, in our sole discretion, to change these Terms and any Additional Terms. We will post the changes on the Site or otherwise make available to you any changes, and will indicate at the top of this page the date these Terms were last revised. Your continued use of the Services will constitute your acceptance of any changes. If required by applicable law, we will send you advance notice prior to making any changes effective.
If you wish to close your DailyPay account, you may do so through the Site or the applicable Mobile App by changing your DailyPay account settings. If you have any difficulty doing so, you may email us a request for assistance at: firstname.lastname@example.org. An account closure request will become effective after we carry out the request. An account closure has no effect on your duties to us, all of which survive the closure and the expiration or termination for any reason of these Terms or any Additional Terms. For the avoidance of doubt, the Friday Card is not a “DailyPay account” hereunder and is instead held by the issuing bank for the card; cancellation of the Friday Card is governed by the terms of the applicable cardholder agreement.
All information, content, materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, and the like, as well as the selection, assembly, and arrangement of these items on the Services (together, “Services Information”) is subject to change or removal without notice. DailyPay may make changes to the products, services, features, and functionality available at the Site or otherwise through the Services without notice. Without our prior written consent, you may not use the Services Information for any commercial purpose, including distribution, resale, or display.
The Services Information is provided only for general information purposes. DailyPay does not operate as a lender, a broker, or an accounting, financial, or investment planner or advisor. We do not provide financial, business, accounting, securities, tax, legal, or professional advice of any kind. Your use of the Services is at your sole discretion and risk.
ALTHOUGH DAILYPAY HAS ATTEMPTED TO PROVIDE SOUND MATERIALS, DAILYPAY ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, MERCHANTABILITY, OR COMPLETENESS OF THE SERVICES, THE SERVICES INFORMATION, OR OTHER SERVICES, PRODUCTS, FEATURES, OR FUNCTIONALITY OF THE SERVICES, AND DAILYPAY MAKES NO COMMITMENT TO UPDATE THEM. THE SERVICES INFORMATION AND THE SERVICES ARE FURNISHED “AS IS,” “AT YOUR OWN RISK,” AND “AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. FURTHER, DAILYPAY DOES NOT WARRANT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR THAT THE SERVICES (AND ANY SERVER THAT MAKES THE SERVICES AVAILABLE) WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR BUGS.
DailyPay is not liable for any disruption to the Services and is not liable for losses related to your inability to use them for any reason.
DailyPay is excused from performing any duties under these Terms or Additional Terms which are prevented or interfered with by conditions beyond DailyPay’s reasonable control.
4. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, DAILYPAY AND ITS AFFILIATES, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS, THE ISSUER, AND THIRD PARTIES MENTIONED ON THE SERVICES, ARE NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES) ARISING OUT OF OR RELATING TO:
- THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES INFORMATION, SERVICES, OR ANY WEBSITES OR OTHER CONTENT LINKED TO THE SERVICES;
- ANY SERVICES INFORMATION, MATERIALS, PRODUCTS, SERVICES, FEATURES, AND FUNCTIONALITY AVAILABLE, THROUGH THE SERVICES, RELATED TO THE SERVICES, OR CONTAINED ON ANY SUCH WEBSITES OR OTHER CONTENT LINKED TO THE SERVICES; OR
- THESE TERMS, THE ADDITIONAL TERMS, OR ANY ACTS OR OMISSIONS UNDER OR IN FURTHERANCE OF THESE TERMS OR THE ADDITIONAL TERMS (EXCEPT FOR WILLFUL MISCONDUCT), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT DAILYPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
IF YOUR USE OF THE SERVICES INFORMATION, THE SERVICES, OR ANY WEBSITES OR OTHER CONTENT LINKED TO THE SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ARE LIABLE FOR ALL RELATED COSTS.
IN NO EVENT WILL DAILYPAY OR ANY OF ITS AFFILIATES, OR EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS, AND THIRD PARTIES MENTIONED ON THE SERVICES BE LIABLE TO YOU FOR ANY DAMAGES THAT EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO DAILYPAY FOR USING ANY OF THE SERVICES DURING THE MONTH PRIOR TO YOU BRINGING THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” AND THE SECTION BELOW TITLED “INDEMNIFICATION” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
6. Links to Third-Party Websites; Third-Party Software Products
Links in the Services to third-party websites or software products are provided as a convenience to you. If you use these links or software products, you might leave the Services. Some of the third parties’ software products may require you to have, and actually be signed into, an active user account for such third-party software products.
DailyPay has not reviewed these third-party websites, applications, or software products; does not control them; is not liable for any errors or omissions or their content; and does not endorse or make any representations, warranties, or promises about them, or any information, software products, or other products or materials found on them, or any results that may be obtained from using them. You use third-party websites, applications, or software products linked to the Services at your own risk and agree that we have no liability for any loss or damage of any kind incurred as a result of such use.
7. Mobile Services
The Services include certain services that are available via a mobile device, including (a) the ability to upload content to the Services via a mobile device, (b) the ability to browse certain Services from a mobile device, and (c) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your DailyPay account information to ensure that your messages are not sent to the person that acquires your old number.
Subject to these Terms, DailyPay hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Services. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App on another device on which you also have agreed to these Terms. Each instance of these Terms that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on such one device.
The software underlying the Services may contain or be provided together with open source software. Each item of open source software is subject to its own license terms. If required by any license for particular open source software, DailyPay makes such open source software, and DailyPay’s modifications to that open source software (if any), available by written request to email@example.com. Copyrights to the open source software are held by the respective copyright holders indicated therein.
8. Third-Party Distribution Channels
Our software applications may be made available to you through the Apple Inc. (“Apple”) App Store, Google Play Store, or other distribution channels (each, a “Distribution Channel”). If you obtain a software application through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between only you and us, and not with a Distribution Channel. If you utilize any other third-party products or services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products or services.
The following additional terms and conditions apply to Mobile Apps made available for your use with an Apple-branded product (“Apple-Enabled Software”):
- DailyPay and you acknowledge that these Terms are between only DailyPay and you, and not with Apple; and that, as between DailyPay and Apple, DailyPay, not Apple, is solely responsible for the Apple-Enabled Software and its content.
- You may not use the Apple-Enabled Software in any way that violates, is inconsistent with, or conflicts with Apple Media Services Terms and Conditions.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
- Apple has no obligation to provide any support or maintenance services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. If any Apple-Enabled Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any such failure to conform to any warranty, which will be DailyPay’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- DailyPay and you acknowledge that DailyPay, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession or use of that Apple-Enabled Software, including: (A) product liability claims; (B) claims that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection, privacy, or similar legislation.
- If a third-party claims that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between DailyPay and Apple, DailyPay, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- You represent and warrant that: (A) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to DailyPay as follows: firstname.lastname@example.org 55 Water Street, 42nd Floor, New York, New York 10041
- You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software (e.g., your wireless data service agreement).
- DailyPay and you acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary.
The following additional terms and conditions apply to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and DailyPay only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) DailyPay, and not Google, is solely responsible for DailyPay’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to DailyPay’s Google-Sourced Software.
9. Intellectual Property
The Services Information, Services, the DailyPay name, marks and logos, and all other technology, software, information, and intellectual property underlying, referenced on or related to the Services are owned by DailyPay or licensed to DailyPay by third parties and are protected by patent, copyright, trademark, trade secret, and other proprietary rights and laws. All other applicable ownership rights are reserved, and you will abide by all laws applicable to them. By making the Services Information and Services available, DailyPay does not grant any licenses to or transfer any right, interest, or title in any intellectual property rights to you or any other person. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, decompile, disassemble, decipher, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software underlying the Services (including the Mobile Apps) or distributed in connection therewith. Any rights not expressly granted herein are reserved by DailyPay.
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Services (“Submissions”), provided by you to DailyPay are non-confidential and DailyPay will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
YOU AGREE TO INDEMNIFY DAILYPAY AND ITS AFFILIATES, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS, AND THIRD PARTIES MENTIONED ON THE SERVICES, AND TO DEFEND AND HOLD EACH OF THEM HARMLESS, FROM ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, JUDGMENTS, SETTLEMENTS, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS, AND FEES (INCLUDING ATTORNEY’S FEES) (COLLECTIVELY, “CLAIMS”) WHICH MAY ARISE FROM OR RELATE TO YOUR USE OF THE SERVICES INFORMATION OR SERVICES; USE OF YOUR DAILYPAY ACCOUNT; OR FROM YOUR BREACH OF THESE TERMS OR ANY ADDITIONAL TERMS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO ASSUME THE EXCLUSIVE CONTROL OF THE DEFENSE OF ANY SUCH CLAIM. YOU MAY NOT SETTLE OR COMPROMISE ANY CLAIM AGAINST DAILYPAY WITHOUT DAILYPAY’S PRIOR WRITTEN CONSENT.
We maintain physical, administrative, and technical safeguards reasonably designed to protect our Services Information, Services, and systems. We make no guarantee that our Services Information, Services, systems, or any related data transmissions are absolutely secure.
12. Governing Law
The law, including the statutes of limitation, of the State of New York will govern these terms and the Additional Terms, the interpretation and enforcement of these Terms, and any claim or cause of action (in law or equity), controversy, or dispute arising out of or related to them or their negotiation, execution or performance, whether based on contract, tort, statutory or other law, in each case without giving effect to any conflicts-of-law or other principle requiring the application of the law of any other jurisdiction.
13. Jurisdiction and Venue for Businesses
This Section 13 applies to any person who has used or is using the Services Information or Services for any reason other than primarily personal, family, or household purposes (each such person, a “Business”).
In any circumstances in which any action, suit, or proceeding arising under these Terms or the Additional Terms, or the interpretation, performance, or breach of these Terms or the Additional Terms, is permitted to be instituted in court, if DailyPay elects, any such action, suit, or proceeding will be instituted and maintained in any federal or state court sitting in the State of New York (“Acceptable Forums”). You agree that the acceptable forums are convenient to you, submit to the jurisdiction of the acceptable forums, and waive any and all objections to personal jurisdiction or venue. Should any such action, suit, or proceeding be initiated in any other forum, you waive any right to oppose any motion or application made by DailyPay to transfer such action, suit, or proceeding to an acceptable forum.
14. Export Control
You may not use, export, import, or transfer the Services Information, or Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services Information or Services, and any other applicable laws. In particular, but without limitation, the Services Information and Services may not be exported or re-exported (A) into any U.S. embargoed countries, or (B) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services Information or Services, you represent and warrant that (A) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country and (B) you are not listed on any U.S. government list of prohibited or restricted parties. You also will not use the Services Information or Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by DailyPay are subject to the export control laws and regulations of the U.S. You will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer DailyPay products, services, or technology, either directly or indirectly, to any country or person in violation of such laws and regulations. If you access or download the Services from outside of the U.S., you do so at your own risk.
15. Complaints by California Consumers
You may report complaints about us to the Correspondence Unit of the California Department of Consumer Affairs by writing at Division of Programs and Policy Review, Consumer Information Center—Correspondence Unit, 1625 N. Market Blvd., Ste N-112, Sacramento, CA 95834-1924, or by contacting them at www.dca.ca.gov or calling (800) 952-5210.
16. Disclosures for California Consumers
DailyPay is not currently licensed by the Department of Financial Protection and Innovation (the “DFPI”). If the DFPI does decide in the future to license DailyPay, and/or require DailyPay to make modifications to these Terms, such developments may have no adverse impact on your then-existing obligations under these Terms. Although DailyPay is not licensed by the DFPI, any consumer is invited to share any comment and concerns about DailyPay or its product and practices with the DFPI at (866) 275-2677 (toll-free) or at the following URL: https://dfpi.ca.gov/file-a-complaint.
17. U.S. Government Restricted Rights
The Services are made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access to or use of the Services (including the underlying software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Services (including the underlying software).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DailyPay as a result of these Terms or any Additional Terms, or your use of the Services. You may not assign any part of your rights or duties under these Terms or any Additional Terms without DailyPay’s prior written consent, and any such attempted assignment without DailyPay’s prior written consent is and will be void. No waiver of any duties or rights of either party will be effective unless in writing, executed by the party against whom it is being enforced. If any term of these Terms, the Program Terms, the Cycle Payment Terms, the Reward Payment Terms, or any other Additional Terms (including a payment or economic term) is held invalid, unenforceable, or a violation of applicable law, then that term will be deemed severable from the remaining terms and in no way affects the validity or enforceability of the remaining terms, and, to the extent not prohibited by applicable law, the invalid, unenforceable, or noncompliant term may be replaced by DailyPay by terms that are valid, enforceable and compliant, and that come closest to expressing the intention of the invalid, unenforceable, or noncompliant term. These Terms and any Additional Terms, including without limitation the Program Terms, Cycle Payment Terms, and Reward Payment Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter they govern and supersede and merge all prior discussions between the parties with respect to such subject matter; and nothing on the Services should be construed to alter such agreement. The titles in these Terms are used for convenience only and are not to be considered in construing them.
19. Agreement to Do Business Electronically and How to Provide Notice
You agree to conduct business with us electronically, including the execution of these Terms and any Additional Terms, all of which may be executed by electronic signature, including an electronic sound, symbol, or process, attached to or logically associated with the terms or agreement.
You agree that we may provide you notices, disclosures, electronic records, and other communications by email, by posting in your DailyPay account, by SMS message (including text message), by regular mail, or any other method. You may provide us notice through the Services or by email to: email@example.com.
We will use the contact information we have on file for you to notify you, and it is your responsibility to notify us immediately of any changes to your contact information. If you wish to update your contact information, you may do so through the Services by changing your DailyPay account settings. If you have any difficulty doing so, you may email us a request for assistance at: firstname.lastname@example.org.
You consent to be contacted by us or our representatives at any telephone number or electronic address you provide or at which you may be reached. You consent to receive SMS messages, calls, and messages (including pre-recorded, artificial voice, and autodialed or automatically texted) from us or our representatives at the numbers you have provided to us, or numbers we can reasonably associate with you (through skip trace, caller ID capture, or other means), with information or questions relating to you or the Services. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that a representative calls, he or she may also leave a message on your answering machine or voicemail, or send a message by text. Calls may be recorded.
To unsubscribe from text messages, reply STOP to any text message you receive from us. If you unsubscribe, we may restrict or terminate your access to the Services. You consent that following a request to unsubscribe from text messages, you may receive one final text message from us confirming your request and/or providing an alternative to access your DailyPay account.
You also agree to receive alerts about your activity, balances, payments, suspicious activities, and other matters involving your use of the Services through push notifications to your smartphone or other device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted, and may include your name and information pertaining to your DailyPay account or use of the Services. We may terminate your use of push notifications without notice. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or other device. You acknowledge and agree that standard call, message, and data rates charged by your carrier apply to all communications by or with us and are your liability.
You agree that all agreements, notices, disclosures, and other communications that we provide or make available to you electronically or post on the Services satisfy any legal requirement that a communication be in writing, if such a requirement is applicable, and you waive any rights you may have to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited by law.
To request paper copies of any electronic communications, please send an email to: email@example.com. We may charge you for the shipping costs we incur for providing paper copies. You may withdraw your consent to receiving electronic communications at any time by emailing us at: firstname.lastname@example.org. If you withdraw your consent to receiving electronic communications, the legal effectiveness, validity, and enforceability of all agreed to terms and conditions and any prior communications will remain in effect. Any withdrawal of consent to receiving electronic communications will be effective only after we have a reasonable period of time to process your withdrawal request. If you withdraw your consent to receive electronic communications, we may immediately delay, suspend, or terminate your access to and participation in your DailyPay account and the Services.
20. Dispute Resolution By Binding Arbitration – For Users Entering Into These Terms in an Individual Capacity
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
(a) Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and DailyPay, whether arising out of or relating to these Terms and/or the Additional Terms (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and DailyPay are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
(b) Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND DAILYPAY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DAILYPAY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
(c) Pre-Arbitration Dispute Resolution
DailyPay is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to DailyPay should be sent to 55 Water St. Floor 42 New York, NY 10041 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If DailyPay and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or DailyPay may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by DailyPay or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or DailyPay is entitled.
(d) Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless DailyPay and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, DailyPay agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
(e) Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either DailyPay or you under the AAA Rules, DailyPay and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, DailyPay will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, DailyPay will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.
(h) Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, DailyPay agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending DailyPay written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
21. Dispute Resolution By Binding Arbitration – For Users Entering Into These Terms on Behalf of an Entity
You and DailyPay intend that these Terms and the Additional Terms are to be construed and enforced in accordance with the laws of the State of New York without regard to any conflict-of-law or choice-of-law rules, and that the rule of construction that provides that a document is construed against the maker thereof be inapplicable in the construction of any of the terms of these Terms or the Additional Terms. Any dispute, claim, or controversy arising out of or relating in any way to these Terms or the Additional Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined through confidential binding arbitration in New York, New York before one arbitrator. The confidential binding arbitration shall be administered by AAA pursuant to its Commercial Arbitration Rules, and you and DailyPay shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing. Judgment on the award may be entered in any court having jurisdiction.