Viventium Pay Terms

Last updated: August 24, 2023

Welcome to the Viventium Pay Program powered by DailyPay!

We want you to completely understand the Viventium Pay Program powered by DailyPay. These Viventium Pay Program Terms are a contract and explain important things you should know about the Viventium Pay Program.

By using the Viventium Pay Program, you agree to these Viventium Pay Program Terms. You also agree to the DailyPay Terms of Service available at: https://www.dailypay.com/legal/viventiumpay/terms-of-service/. Please read these Program Terms and the DailyPay Terms of Service carefully. You acknowledge that the Viventium Pay Program is offered by your Hiring Entity pursuant to its agreement with DailyPay and not by Viventium.

Capitalized terms used in these Program Terms have the meanings provided in Section 1 below.

1. Definitions Used in These Program Terms

The following terms used in these Program Terms have the following meanings:

• “ACH” means Automated Clearing House.
• “Amount Provided” means the amount of the Daily Earnings, minus our transaction fee, if any. Our transaction fee, if any, is netted from the payments to you that we facilitate.
• “Daily Earnings” means the Unpaid Earnings we make available to you, before your Hiring Entity runs payroll.
• “DailyPay,” “our,” “us,” and “we” mean DailyPay, Inc.
• “DailyPay Routing and Account Number” means an account and routing number (which account and routing number DailyPay may change from time to time) that DailyPay establishes to facilitate the Viventium Pay Program.
• “Dispute” means a situation in which your Hiring Entity questions, objects, denies, challenges, or contradicts the quality, quantity, or other aspect of any of your services that are related to the Unpaid Earnings, and is unwilling to pay or claims a right to recover any portion of the Unpaid Earnings.
• “Hiring Entity” means the entity to which you provide services and has agreed to make the Viventium Pay Program available to you through the Services by DailyPay.
• “Linked Bank Account” means one of your own bank accounts that you link to your DailyPay account to receive Unpaid Earnings.
• “Linked Debit Card” means one of your debit cards that you link to your DailyPay account to receive Unpaid Earnings to your own bank account other than a paycard that you link to your DailyPay account.
• “Program Terms” means these Viventium Pay Program Terms.
• “Services” has the meaning set forth at the top of the DailyPay Terms of Service.
• “Site” has the meaning set forth at the top of the DailyPay Terms of Service and includes any DailyPay mobile application.
• “Unpaid Earnings” means the right to payment for pay owed to you by your Hiring Entity arising out of services you have provided to your Hiring Entity, its customers or arising from any other related rights. 
• “User Content” means, in addition to information that is made available to DailyPay through your use of the Viventium Pay Program, information about you that you provide DailyPay, including information about your financial, personal, or professional activities.
• “Viventium Pay Program” means any of the Services provided by DailyPay that you can use to access some or all of your Unpaid Earnings.

2. The Viventium Pay Program Provides You with Information and Budgeting Tools at No Cost

The Viventium Pay Program provides you with information and budgeting tools, which you can use for free. The information and tools the Viventium Pay Program provides can help you monitor the hours you have worked, analyze and predict your net pay, and obtain a better picture of how much money you have earned so you can budget.

3. You Can Also Use the Viventium Pay Program to Access Your Unpaid Earnings

In addition to the information and budgeting tools described in Section 2, you can use the Viventium Pay Program to access some or all of the money you have already earned (i.e., your Unpaid Earnings).

Here is how this feature works:

From time to time, you may log into your DailyPay account and ask us to access some or all of your Unpaid Earnings. You must link your own Linked Bank Account or a paycard to your DailyPay account. You may also link a Linked Debit Card to your DailyPay account in addition to your Linked Bank Account or linked paycard. Each time you ask us to access any Unpaid Earnings, you will be prompted to choose your Linked Bank Account or Linked Debit Card for your receipt of the Amount Provided. We will also disclose to you how much of your Unpaid Earnings we are able to provide. We will also present you with a choice of at least two delivery options, the amounts of which we will disclose to you at the time of the transaction. The fees for each type of transfer are also disclosed below. We will not require you to pay any other charges or fees to access your Daily Earnings. 

You will have an opportunity to accept or decline the transaction terms. When you accept the transaction terms, you give us all right, title, and interest to the related portion of your Daily Earnings, and we will send the Amount Provided to your Linked Bank Account or via your Linked Debit Card, so that you can use your money whenever, wherever, and however you wish.

We do not assume any liabilities or duties related to any Unpaid Earnings: any such liabilities and duties will remain solely with you. By giving us your right, title, and interest in and to your Daily Earnings, you agree that we receive payment for the Daily Earnings from your Hiring Entity. Our right to receive your Daily Earnings is non-recourse and is not intended to create any debt obligation owed by you to us. Under this arrangement, if you have not breached these Program Terms, you will not have to pay any related portion of the Daily Earnings to us because we will receive payments from your Hiring Entity.

Unless expressly stated in these Program Terms, you will not be liable to us if we do not receive your Daily Earnings from your Hiring Entity. This means that if your Hiring Entity pays us an amount that is less than the amount of the Daily Earnings—for example, if your Hiring Entity is unable to make payroll because its business has slowed down or closed in the ordinary course of business—and if you have not breached these Program 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 Daily Earnings, and we will not engage in debt collection activities against you, place the Daily Earnings as a debt or sell them to a third party, or report you to a consumer reporting agency.

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

Before you can use the feature described in this Section 3, you will need to follow the enrollment process, if any, established by your Hiring Entity. We will not require you to submit a credit report or credit score or to undergo credit underwriting to use this feature. You will be designated a DailyPay Routing and Account Number from us for an account that we establish to facilitate the Viventium Pay Program. You agree to make direct deposit arrangements with your Hiring Entity using your DailyPay Routing and Account Number as the account of record in your Hiring Entity’s payroll system. You agree to instruct your Hiring Entity to direct all of your net pay to that account, and you authorize us to convey such instructions to your Hiring Entity on your behalf. This means that when your Hiring Entity runs payroll, all of your net pay will be directly deposited in the account bearing the DailyPay Routing and Account Number. We will verify with the Hiring Entity that you work for the Hiring Entity and the amount of your Unpaid Earnings. However, your net pay will not begin to be directly deposited into the account bearing the DailyPay Routing and Account Number until after the first time you request and receive Daily Earnings through the Viventium Pay Program.

For each pay period, we will keep the amount of any Daily Earnings, and you will receive the rest of your Unpaid Earnings in your Linked Bank Account or to your Linked Debit Card or linked paycard.

You must notify us immediately if your Linked Bank Account or Linked Debit Card information changes. If you do not, the DailyPay account and your participation in the Viventium Pay Program, including your payments or Daily Earnings and Unpaid Earnings, 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 Linked Bank Account or via your Linked Debit Card, so there may be delays which are beyond DailyPay’s control and which you may resolve with your bank. You may also change the Linked Bank Account or Linked Debit Card we have on file for you through the Services by changing the DailyPay account settings. If you have any difficulty changing your settings, you may email us a request for assistance at: viventiumpay@dailypay.com.

We may use third-party service providers to interact with your Linked Bank Account or Linked Debit Card, including obtaining and exercising your authority to manage and initiate credit transactions involving your Linked Bank Account or Linked Debit Card. You agree that such transactions are subject to the terms of the third-party service providers.  You authorize us and these third-party service providers to interact with your Linked Bank Account or Linked Debit Card to the extent necessary to provide you the Viventium Pay Program.

We reserve the right, in our sole discretion, to delay, suspend, or terminate your access to the DailyPay account, your participation in the Viventium Pay Program, and payments if we believe there has been fraudulent or suspicious activity related to your DailyPay account, if you have been terminated as an employee or service provider by your Hiring Entity, if we learn that you are expected to receive a payment of Unpaid Earnings directly from the Hiring Entity or someone other than DailyPay, or if you violate or breach any of your agreements with us.

4. You Consent to Your Hiring Entity Sharing Data with Us and Receiving Data from Us

The Viventium Pay Program relies upon information from your Hiring Entity about you. You consent to your Hiring Entity sharing data required for us to provide the Viventium Pay Program. This includes:

• Your name;
• Your employee identification number;
• Your contact information (including your email and your mobile phone number);
• Your earnings and timecard information, if applicable;
• Your gross and net pay;
• Your bank account or debit card information (for purposes of facilitating payments); and
• Any other related data shared by your Hiring Entity.

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

DailyPay cannot provide retroactive access to Unpaid Earnings that arose before you established your DailyPay account.

If your DailyPay account is closed for any reason, you authorize us to inform your Hiring Entity and to provide your Hiring Entity for payroll purposes the Linked Bank Account or Linked Debit Card information and related information we have on file for you. You consent to your pay being sent to the Linked Bank Account or Linked Debit Card 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 the Viventium Pay Program. You grant to DailyPay and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to: (A) copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Viventium Pay Program; and (B) use your User Content in aggregated and/or anonymized format in connection with (i) the promotion, advertising, or marketing of the Viventium Pay Program 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 the Viventium Pay Program 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 Program 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 in violation of these Program Terms or to be otherwise illegal. DailyPay may share User Content with your Hiring Entity, and any third-party service providers, as well as otherwise described in the DailyPay Privacy Policy.

5. You Authorize Electronic Payments to Your Linked Bank Account

After the first time you request and receive Daily Earnings through the Viventium Pay Program, DailyPay will provide your subsequent Unpaid Earnings each pay period on your Hiring Entity’s designated payday. You authorize DailyPay to initiate ACH payments to your Linked Bank Account. You agree that ACH transactions you authorize comply with law. These electronic payments will be, as applicable, in the amount of the Amount Provided and at the time disclosed to you when you choose your delivery method, or in the amount of the rest of your Unpaid Earnings and at the time the Hiring Entity runs payroll. We may reverse erroneous transactions in accordance with National Automated Clearing House Association rules. We will provide the Services in accordance with any applicable provisions of the federal Electronic Fund Transfer Act, 15 U.S.C. §§ 1693 et. seq., and any applicable regulations thereunder.

The availability of funds in your account will depend on the funds availability policy of the financial institution holding your Linked Bank Account. Limitations to availability may apply, including “cut-off times” by which items need to be deposited to be included for processing on a given day.

If you change your Linked Bank Account or add additional linked bank accounts, you authorize DailyPay to initiate ACH payments to such Linked Bank Accounts on the same terms described in this Section 5. The authorizations in this Section 5 will remain in full force and effect until you close your DailyPay account, as provided in Section 2 of the Terms of Service.

6. Rules of the Road

You agree 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 Daily Earnings;
• 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 Daily Earnings) that has, individually or in the aggregate, an adverse effect on our ability to receive from your Hiring Entity or retain any Daily Earnings; and
• You will not use the Viventium Pay Program to obtain more Unpaid Earnings than you have earned, including receiving payments on the Daily Earnings from both DailyPay and another person for the same work. If you receive a payment on the Daily Earnings from your Hiring Entity or someone other than DailyPay, you must notify us immediately and hold the amount in trust for our benefit.

7. You Make Certain Representations and Warranties to Us

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

• These Program 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 Program 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 Program Terms that, if adversely determined, would be reasonably expected to have an adverse effect on our ability to collect on or retain any Daily Earnings; and
• You have not used any name with us or with your Hiring Entity other than the name you used or verified to establish your DailyPay account.

And each time you ask us to access any of your Unpaid Earnings, you also represent and warrant to DailyPay that at the time of your request:

• You hold all legal right, title, and interest to and in the Unpaid Earnings, free and clear of any liens, encumbrances, judgments, or garnishments; and you have not sold, pledged, assigned, or encumbered the Unpaid Earnings to any third party;
• The Unpaid Earnings are presently and unconditionally owed and have not been modified, dismissed, settled, or paid; are not currently past due; and represent the amount owed by your Hiring Entity arising solely from your actual and timely provision to your Hiring Entity in the ordinary course of business of lawful services, which you have accurately recorded and described to your Hiring Entity;
• The Unpaid Earnings are 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 Unpaid Earnings or their underlying services.

8. You Are Responsible for All Disputes Between You and Your Hiring Entity

The Viventium Pay Program relies upon information about you that your Hiring Entity provides to DailyPay. Sometimes your Hiring Entity might disagree with you about the amount of Unpaid Earnings you earned or the amount that it owes you. We do not resolve or otherwise become involved in Disputes between you and your 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 your Hiring Entity to resolve the Dispute. A Dispute is resolved when your Hiring Entity pays the full amount of the disputed Daily Earnings to DailyPay. You will provide DailyPay periodic updates, as requested by DailyPay, regarding the status of the Dispute.

You must resolve any Dispute related to the Daily Earnings within 30 days of becoming aware of it. If you are unable to resolve a Dispute related to the Daily Earnings within 30 days of becoming aware of it, we may exercise our remedies in Section 9.

9. We Will Work with You to Resolve Excessive or Duplicative Amounts

If any of the following error events occur, you may receive amounts from us in excess of or in duplication of your Daily Earnings or the Amount Provided:

• If we pay you an amount you did not request or more than the Amount Provided due to an operational error;
• If you directly receive any payment on the Daily Earnings from your Hiring Entity or someone other than DailyPay pursuant to Section 5, or if we learn that you are expected to receive such a payment from your Hiring Entity or someone other than DailyPay; or
• If you otherwise receive or retain an Amount Provided that was determined with respect to Daily Earnings in excess of those to which you were legally entitled to receive from your Hiring Entity, misdirect funds from DailyPay, or commit any other act (or omit any other act) that is a breach the representations, warranties, or promises of Sections 5, 6, or 7 (including if you are unable to resolve a Dispute related to the Daily Earnings and did not send us payment).

If any of these error events occur, we may give you the option to resolve such amounts by (i) authorizing us to settle such amount against your next paycheck(s), (ii) authorizing us to initiate an ACH account debit from your linked bank account, or (iii) in another manner mutually agreed to by you and us. If none of these options are selected by you, we may default to settling such amount against your next paycheck. This paragraph is not an authorization to debit your Linked Bank Account, and we will not debit your Linked Bank Account without obtaining your prior written consent. If your Linked Bank Account lacks adequate funds when we attempt to debit it after obtaining such prior written consent, then your financial institution might impose nonsufficient funds, overdraft, or other fees on you. We are not responsible for any fees imposed on you by your financial institution.

If any of these error events occur and are not resolved, or if we reasonably and in good faith believe that you have defrauded or intend to defraud us, we may delay, suspend, or terminate your access to your DailyPay account, your participation in the Viventium Pay Program, and payments, and we may pursue any other remedy permitted by law or equity, which will be cumulative.