DailyPay Site Terms

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. DailyPay’s suite of comprehensive pay experience solutions aims to revolutionize the way employees and other service providers are paid. DailyPay also makes available the Friday Card, issued by The Bancorp Bank (“Issuer”) – a prepaid card – and the companion mobile application.

We want you to completely understand what we do, how we do it, and what is required of you. These Site Terms (“Terms”) are a contract and explain things you should know about using our websites, www.dailypay.com and www.trydailypay.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 accounts to access the Site and Mobile Apps (“DailyPay Accounts”). 

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 a service provider to access, for a transaction fee, unpaid earnings arising from regular pay. 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 a service provider of a participating business to access other amounts the business owes to the 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 the “Friday Card”, a service that allows any individual to apply for a prepaid card and, if accepted, use the Friday Card Mobile App for banking services provided by the Issuer such as viewing account balances, obtaining statements, tracking recent transactions, and making payments. Friday Card holders will also be subject to a separate cardholder agreement with the Issuer.

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.

If you wish to use certain parts of the Services, you will need to (a) establish one or more DailyPay Accounts by providing us with certain information, including information about your identity (e.g., name, email address, mailing address and/or physical address), your employment (e.g., your occupation, income, and details about your employer), and, in some cases, banking information; (b) create user access credentials, including a password and other multi-factor authentication credentials, to protect your DailyPay Accounts; and (c) authorize us to collect such data and other data about you (collectively, “Personal Information”). If you are a participant in the DailyPay Program, such Personal Information may also contain information obtained from third parties, including the entity to which you provide services (the “Hiring Entity”). Personal Information also includes any information that may be used, either alone or in combination with other information, to personally identify an individual, including a first and last name, a personal profile, an email address, mobile phone number, a home or other physical address, or other contact information. Your Personal Information is governed by our Privacy Policy, and you hereby grant us the right to use, store, and disclose your Personal Information in accordance therewith (see Section 5).

If you are not at least 18 years of age, you may not use the Friday Card Mobile App, and you may not use the DailyPay Program without the consent of your parent or legal guardian, which you must provide to us, in the form we specify, when you establish your DailyPay Account. We will also require your parent or legal guardian to agree, in the form we specify, to take full responsibility for all activity related to your DailyPay Account and all of your duties under these Terms and any Additional Terms (as defined below) before you may use 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 (1) at least 18 years of age if you are seeking to use the Friday Card Mobile App and/or (2) you are at least 18 years of age or have the consent of your parent or legal guardian if you are seeking to use the DailyPay Program;
  • 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 own all right, title, and interest or have obtained the right to all of the intellectual property rights concerning the Personal Information you provide DailyPay, and you have the right to grant DailyPay the right to collect, use, and disclose your Personal Information in accordance with our Privacy Policy;
  • 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; (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, or thwart any of the 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; or
  • engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. 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 such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Additional Terms; Changes; Account Closure

DailyPay Services may be 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 and Cycle 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: support@dailypay.com. 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. 

Disclaimer

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 bank, 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.

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.

Privacy Policy

Please carefully read our Privacy Policy, which describes how we collect and use certain information. By using the Services, you consent to our collection, use, and disclosure of Personal Information as outlined therein.

Links to Third-Party Websites; Third-Party Software Products

Links on 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.

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, which can be found within the “Legal” page in each Mobile App. 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 support@dailypay.com.

Copyrights to the open source software are held by the respective copyright holders indicated therein.

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 the 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:

support@dailypay.com

  1. Water Street, 43rd Floor  New York, New York 10004
  • 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.

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, 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.

You hereby authorize DailyPay and its third-party service providers to derive statistical and usage data relating to your use of the Services (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

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.

Indemnification

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 THE DAILYPAY WITHOUT DAILYPAY’S PRIOR WRITTEN CONSENT.

Security

We maintain physical, electronic, and procedural safeguards reasonably designed to protect our Services Information, Services, and systems. We make no guaranty that our Services Information, Services, systems, or any related data transmissions are absolutely secure.

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 their 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.

Jurisdiction and Venue for Businesses

This Section 13 applies to any person who has used or is using the Services Information or Services primarily for other than 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 (to the extent not superseded by the Additional Terms themselves), 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 and 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.

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.

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.

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 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).

Miscellaneous

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, or any 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 and Cycle 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.

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: support@dailypay.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: support@dailypay.com.

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: support@dailypay.com. We may charge you for the shipping costs we incur in for providing paper copies. You may withdraw your consent to receiving electronic communications at any time by emailing us at: support@dailypay.com. 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 receiving electronic communications, we may immediately delay, suspend, or terminate your access to and participation in your DailyPay Account and the Services.

Arbitration; Jury Trial Waiver; Class Action Waiver

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION 19 (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE WAYS YOU CAN SEEK RELIEF FROM US.

  1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services Information or Services, to any products sold or distributed through the Services, or to any aspect of your relationship with DailyPay, including, but not limited to, disputes or claims with any Hiring Entity to the extent such disputes or claims arise out of or are related to the Services Information or Services, will be resolved by binding arbitration, rather than in court, except that: (i) you may assert claims in small claims court if your claims qualify; (ii) you or DailyPay may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents); or (iii) Additional Terms have different terms regarding resolution of claims or disputes . This Arbitration Agreement applies to all claims that arose or were asserted before the effective date of these Terms or to any prior version of these Terms.
  2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware 19808. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the JAMS Streamlined Arbitration Rules & Procedures (currently available at https://www.jamsadr.com/rules-streamlined-arbitration/); all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules & Procedures (currently available at https://www.jamsadr.com/rules- comprehensive-arbitration/). JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, DailyPay will pay them for you. In addition, DailyPay will reimburse all such JAMS’s filing, administrative, hearing, and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in: (i) if you are a Business, in New York, New York, (ii) if you are not a Business, at the JAMS Resolution Center located closest to your domicile or a location in any city in your state of domicile within 10 miles of a federal district court house, or (iii) at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum, and the provisions of this Section 19.B will be applied to such alternative arbitral forum to the fullest extent as if JAMS were available to arbitrate.
  3. Authority of Arbitrator. The arbitrator will have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and DailyPay. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
  4. Waiver of Jury Trial. YOU AND DAILYPAY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and DailyPay are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 19.A. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  5. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into: (i) if you are a Business, the state or federal courts sitting in the State of New York, (ii) if you are not a Business, the state or federal courts sitting in your state of domicile and having jurisdiction over the severed claim, or (iii) at another mutually agreed location. All other claims will be arbitrated.
  6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out within 30 days after first becoming subject to this Arbitration Agreement to: support@dailypay.com. Your notice must include your name and address, the email address you used to set up your DailyPay Account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  7. Severability. Except as provided in Section 19.E, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.
  8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with DailyPay.
  9. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if DailyPay makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing DailyPay at the following address: 55 Water Street, 43rd Floor, New York, New York 10004.

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