DailyPay Terms and Conditions

Last updated: December 16, 2020

Welcome to the DailyPay Program!

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

By using the DailyPay Program, you agree to these Program Terms, the DailyPay Cycle Payment Terms available at (“Cycle Terms”), and the DailyPay Site Terms available at (“Site Terms”), Please read these Program Terms, the DailyPay Cycle Payment Terms, and the DailyPay Site Terms carefully. Capitalized terms used in these Program Terms have the meanings provided in Section 9 below.

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

1. The DailyPay Program Provides You with Free Information and Budgeting Tools

DailyPay provides software to individuals that enables the individuals to access unpaid earnings. The DailyPay Program provides you with information and budgeting tools, which you can use for free. The information and tools the DailyPay Program provides you can help you monitor the hours you have worked, analyze and predict your net regular pay, and obtain a better picture of how much money you have earned so you can budget.

2. You Can Also Use the DailyPay Program to Access Your Unpaid Earnings, for a Transaction Fee

In addition to the information and budgeting tools described in Section 1, you can use the DailyPay Program to access, for a transaction fee, some or all of the money you have already earned as regular pay (i.e., your Unpaid Earnings).

For clarity, the DailyPay Program does not relate to other amounts the Hiring Entity owes you, such as net bonus pay, incentive pay, expense reimbursements, termination pay, and other off-cycle amounts that do not arise from the regular pay, wage or salary payment cycle. Instead, DailyPay Cycle Payment relates to those amounts.

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 one of your own bank accounts or a paycard to your DailyPay account. You may also link a debit card other than your linked paycard to your DailyPay account in addition to your linked bank account. Each time you ask us to access any Unpaid Earnings, we will ask you to confirm your linked bank account or linked debit card for your receipt of payments. We will also tell you how much of your Unpaid Earnings we are willing to provide, and we will disclose our transaction fee to you. 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 linked bank account or 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 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. 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 Program Terms, then you will owe us nothing.

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 2, you will need to set it up with the Hiring Entity. You will receive a DailyPay Routing and Account Number from us for an account that we establish for your participation in the DailyPay 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 regular pay to that account, and you authorize us 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 regular pay or fees will be directly deposited in the account bearing the DailyPay Routing and Account Number. For each pay period, we will keep any Daily Earnings, and you will receive the rest of your Unpaid Earnings in your linked bank account or linked debit card. If you have linked both a bank account and a debit card, you will receive the rest of your Unpaid Earnings in your linked bank account by default. You may choose to receive them in your linked debit card instead through the Site by changing your DailyPay account settings. If you have any difficulty doing so, you may email us a request for assistance at: support@dailypay.com. Please note that another of our Services, DailyPay Cycle Payment, is not compatible with debit cards linked to your DailyPay account, unless such debit card is a paycard. As a result, even if payments related to the DailyPay Program are delivered to your linked debit card, payments related to DailyPay Cycle Payment will be delivered to your linked bank account, unless your linked debit card is a paycard.

You must notify us immediately if your linked bank account or linked debit card information changes. If you do not, your DailyPay account and your participation in the DailyPay 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 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 Site by changing your DailyPay account settings. If you have any difficulty changing your settings, you may email us a request for assistance at: support@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 debit and credit transactions involving your linked bank account or linked debit card. 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 DailyPay 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 Program, 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.

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

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

• Your name;
• Your employee identification number, if applicable;
• Your contact information (including your email and your mobile phone number);
• Your earnings and timecard information, if applicable;
• Your gross and net regular pay;
• Your bank account or debit card 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 the DailyPay Program, 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 the DailyPay Program

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

If your DailyPay account is closed, you authorize us to inform the Hiring Entity and to provide the Hiring Entity for payment 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 DailyPay Program. You grant and will 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 DailyPay Program; and (B) use your User Content in aggregated and/or anonymized format in connection with (i) the promotion, advertising, or marketing of the DailyPay 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 DailyPay 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 to violate these Program 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

4. 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 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 collect on or retain any Daily Earnings; and
• You will not use the DailyPay 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 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 debit your linked bank account in the amount of the Daily earnings, as provided in Section 7, or otherwise provide remittance instructions to you.

5. 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 the 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;
• The Unpaid Earnings are presently and unconditionally owing and have not been modified, dismissed, settled, or paid; are not currently past due; and represent 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 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.

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

The DailyPay Program relies upon information from the Hiring Entity about you. 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 but in no event more than three additional days. If we learn that you did not send us payment pursuant to this paragraph, we may debit your linked bank account as provided in Section 7.

7. We May Debit Your Linked Bank Account to Correct Errors, Fraud, and Other Breaches of these Program Terms

You authorize us to initiate an ACH account debit from your linked bank account in the amount specified below whenever any of the following events occur:

• If we pay you an amount you did not request or more than the Amount Provided due to an operational error, then the difference up to the amount of the error;
• If you directly receive any payment on the Daily Earnings from the Hiring Entity or someone other than DailyPay pursuant to Section 4, or if we learn that you are expected to receive such a payment from the Hiring Entity or someone other than DailyPay, then up to amount of the Daily Earnings you received; 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 the 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 4, 5, or 6 (including if you are unable to resolve a Dispute related to the Daily Earnings and did not send us payment), then up to the Amount Provided.
• If we decide to debit your linked bank account, we will notify you at least one business day before we debit your account; provided, if we reasonably and in good faith believe that you have defrauded or intend to defraud us, we may notify you contemporaneously with the debit transaction. In addition to exercising the ACH account debit authority you provide us in this Section 7, we retain the right to pursue any other remedy permitted by law or equity.

8. You Appoint Us as Your Attorney In Fact

You appoint us and our designees your true and lawful attorney in fact, with full power to take any action relating to the Daily Earnings in your name and place that we or our designees deem advisable and consistent with the terms of these Program Terms. You will timely execute and deliver to us any power of attorney instrument evidencing our authority and power under this Section 8.

9. We Have the Right of Setoff

We have the right of setoff, and we may offset against any outstanding or uncollected amounts owed to us by you from any amounts we would otherwise be obligated to furnish to you or any amounts we might otherwise owe you under these Program Terms or any other agreement. If we decide to exercise our right of setoff, we will notify you at least seven days before we exercise it. In addition to exercising our right of setoff, we retain the right to pursue any other remedy permitted by law or equity.

10. Definitions Used in These Program Terms

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

• “Amount Provided” means the amount of the Daily Earnings, minus our transaction fee. Our transaction fee is deducted from the payments to you that we facilitate.
• “Daily Earnings” means the Unpaid Earnings we have agreed to make available to you before the Hiring Entity runs payroll for a specified transaction fee.
• “DailyPay,” “our,” “us,” and “we” mean DailyPay, Inc.
• “DailyPay Program” has the meaning set forth in the opening paragraphs of the DailyPay Site Terms.
• “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 for your participation in the DailyPay Program.
• “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 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.
• “Program Terms” means these DailyPay Program 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.
• “Unpaid Earnings” means the right to payment (e.g., account receivable) for regular pay owed to you by the Hiring Entity arising out of services you have provided to the Hiring Entity or its customers and any other related rights. Unpaid Earnings do not include other amounts the Hiring Entity owes you, such as net bonus pay, incentive pay, expense reimbursements, termination pay, and other off-cycle amounts that do not arise from the regular pay, wage, or salary payment cycle.
• “User Content” means, in addition to information that is made available to DailyPay through your use of the DailyPay Program, information about you that you provide DailyPay, including information about your financial, personal, or professional activities.