DAILYPAY DIRECT PROGRAM TERMS
(ADDITIONAL TERMS OF THE DAILYPAY TERMS OF SERVICE)
Last updated: August 16, 2023
Welcome to the DailyPay Direct Program!
We want you to completely understand the DailyPay Direct Program. These DailyPay Direct Program Terms (“DailyPay Direct Program Terms”) are a contract and explain important things you should know about the DailyPay Direct Program.
By using the DailyPay Direct Program, you agree to these DailyPay Direct Program Terms and the DailyPay Terms of Service, available at https://www.dailypay.com/legal/terms-of-service/. Please read these DailyPay Direct Program Terms and the DailyPay Terms of Service carefully. Capitalized terms used in these DailyPay Direct Program Terms have the meanings provided in Section 9 below.
Other Languages: We may offer you a version of these DailyPay Direct Program Terms in another language to facilitate your understanding of these DailyPay Direct Program Terms, but in case of disputes or controversies the English version will prevail.
DailyPay provides software to individuals that enables the individuals to access unpaid earnings. The DailyPay Direct Program provides you with information, which you can use for free. The information the DailyPay Direct Program provides can help you obtain a better picture of how much money you have earned so you can budget.
In addition to the information described in Section 1, you can use the DailyPay Direct Program to access some or all of the money you have already earned (i.e., your Unpaid Earnings, as defined below).
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. To use this feature, you must link your Friday Card to your DailyPay account.
Each time you ask us to access any Unpaid Earnings, we will disclose to you how much of your Unpaid Earnings we are able to provide. We will also present you with one or more delivery options, the fees associated with which, if any, 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 Daily Earnings, and we will send the Amount Provided to your Friday Card, so that you can use your money whenever, wherever, and however you wish, subject to any restrictions on the usage of your Friday Card imposed by the Issuer.
Type of Transfer
Next Business Day ACH Transfer
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 can stand in your shoes and receive payment for the Daily Earnings from the 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. This means that if the Hiring Entity pays us an amount that is less than the amount of the Daily Earnings—for example, if the Hiring Entity is unable to make payment because its business has slowed down or closed in the ordinary course of business—and if you have not breached these DailyPay Direct 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 DailyPay Direct Program Terms. You agree that the provisions of these DailyPay Direct Program Terms are designed to give us a reasonable and fair opportunity to receive the benefit of our transaction with you.
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 for your participation in the DailyPay Direct Program. You agree to make direct deposit arrangements with the Hiring Entity using your DailyPay Routing and Account Number as the account of record in the Hiring Entity’s payment system. You agree to instruct the Hiring Entity to direct all of your net pay to that account, and you will authorize the Data Provider to convey such instructions to the Hiring Entity on your behalf. This means that when the Hiring Entity runs payroll or pays fees, all of your net pay or fees will be directly deposited in the account bearing the DailyPay Routing and Account Number. We will verify through the Data Provider that you work for the Hiring Entity and the amount of your Unpaid Earnings. For each pay period, we will keep any Daily Earnings, and you will receive the rest of your Unpaid Earnings to your Friday Card.
You must notify us immediately if your DailyPay Routing and Account Number ceases to be the account of record in the Hiring Entity’s payment system. If you do not, your DailyPay account and your participation in the DailyPay Direct 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 the Issuer posts incoming payments to your Friday Card, so there may be delays which are beyond DailyPay’s control. If you have questions about the posting of incoming payments to your Friday Card, you may contact customer service for the Friday Card by calling (833) 998-2449, which is toll-free from within the United States. If you have questions about the DailyPay Direct Program or any difficulty changing your DailyPay account settings, you may email us a request for assistance at: firstname.lastname@example.org. We may use third-party service providers to interact with your Friday Card, including obtaining and exercising your authority to manage and initiate debit and credit transactions involving your Friday 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 Friday Card to the extent necessary to provide you the DailyPay Direct Program.
We reserve the right, in our sole discretion, to delay, suspend, or terminate your access to your DailyPay account, your participation in the DailyPay Direct Program, and payments: (a) if we believe there has been fraudulent or suspicious activity related to your DailyPay account, (b) if you have been terminated as an employee or service provider by the Hiring Entity, (c) if the information the Data Provider obtains or attempts to obtain from the Hiring Entity and shares with us is temporarily or permanently delayed or disrupted, (d) if we learn that your DailyPay Routing and Account Number ceases to be the account of record in the Hiring Entity’s payment system, (e) if we learn your Friday Card has been suspended or closed, (f) 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 (g) if you violate or breach any of your agreements with us.
Before you can use the feature described in Section 2, you will need to enter into an agreement with the Data Provider and direct the Data Provider to obtain your information from the Hiring Entity and to share it with us, so that we can calculate your Daily Earnings. The Data Provider’s registration interface is embedded within the Friday by DailyPay™ app. If the information the Data Provider obtains from the Hiring Entity is incompatible with our systems, or if the Data Provider is unable to obtain the information required to calculate your Daily Earnings, we will be unable to provide you this feature.
The DailyPay Direct Program relies upon information about you the Data Provider obtains from the Hiring Entity and shares with us. You consent to the Data Provider obtaining such information about you from the Hiring Entity and sharing it with us to provide the DailyPay Direct Program. This includes:
DailyPay only requests information from the Data Provider that is required to provide the DailyPay Direct Program, and such information is not shared outside of DailyPay, other than with regulators, the Data Provider, and DailyPay’s service providers that are necessary to provide the DailyPay Direct Program, or as otherwise required by law.
DailyPay cannot provide retroactive access to Unpaid Earnings that arose before you established your DailyPay account.
If your DailyPay account is closed, you will provide the Hiring Entity for payment purposes the routing and account number for the bank account to which you would like your pay to be sent.
By using the DailyPay Direct Program, you authorize DailyPay to initiate Automated Clearing House (“ACH”) payments to your Friday Card. 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 (NACHA) 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 Friday Card will depend on the funds availability policy of the Issuer, which may limit the availability of such funds, including through use of “cut-off times” by which items must be deposited to be processed on a given day.
The authorizations in this Section 4 will remain in full force and effect until you close your DailyPay account, as provided in Section 2 of the Terms of Service.
You promise us that:
You represent and warrant to us on a continuing basis that:
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:
The DailyPay Direct Program relies upon information about you that the Data Provider obtains from the Hiring Entity and shares with us. Sometimes the 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 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 Daily Earnings. 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, then you must immediately send us payment in the amount of the Amount Provided within three additional days.
If 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 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 Friday Card, 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 Friday Card, and we will not debit your Friday Card without obtaining your prior written consent.
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 DailyPay Direct Program, and payments, and we may pursue any other remedy permitted by law or equity, which will be cumulative.
The following terms used in these DailyPay Direct Program Terms have the following meanings:
The Friday by DailyPay Visa®️ Prepaid Card is issued by The Bancorp Bank, N.A., Member FDIC, pursuant to a license from Visa U.S.A. Inc. and can be used everywhere Visa debit cards are accepted.