www.dailypay.com Open in urlscan Pro
2600:9000:225b:2800:d:cba2:5c40:93a1  Public Scan

Submitted URL: https://links.dailypay.com/u/click?_t=5dd32b3f1c3f4428a581c6a9e3c4a52d&_m=87e5b41dedf74b17a9b16d4a4fa49ae8&_e=LAPuS...
Effective URL: https://www.dailypay.com/legal/terms-of-service/
Submission: On June 19 via api from US — Scanned from DE

Form analysis 1 forms found in the DOM

GET https://www.dailypay.com/

<form data-min-no-for-search="1" data-result-box-max-height="400" data-form-id="38441" class="is-search-form is-form-style is-form-style-3 is-form-id-38441 is-ajax-search" action="https://www.dailypay.com/" method="get" role="search"
  __bizdiag="113870" __biza="WJ__"><label for="is-search-input-38441"><span class="is-screen-reader-text">Search for:</span><input type="search" id="is-search-input-38441" name="s" value="" class="is-search-input"
      placeholder="Search for industries, articles, products, solution and more" autocomplete="off"><span class="is-loader-image perfmatters-lazy" style="display: none;"
      data-bg="https://assets.dailypay.com/wp-content/plugins/add-search-to-menu-premium/public/images/spinner.gif"></span></label><button type="submit" class="is-search-submit"><span class="is-screen-reader-text">Search Button</span><span
      class="is-search-icon"><svg focusable="false" aria-label="Search" xmlns="http://www.w3.org/2000/svg" viewBox="0 0 24 24" width="24px">
        <path
          d="M15.5 14h-.79l-.28-.27C15.41 12.59 16 11.11 16 9.5 16 5.91 13.09 3 9.5 3S3 5.91 3 9.5 5.91 16 9.5 16c1.61 0 3.09-.59 4.23-1.57l.27.28v.79l5 4.99L20.49 19l-4.99-5zm-6 0C7.01 14 5 11.99 5 9.5S7.01 5 9.5 5 14 7.01 14 9.5 11.99 14 9.5 14z">
        </path>
      </svg></span></button><input type="hidden" name="id" value="38441"></form>

Text Content

Skip to main content
Skip to main content

   
 * Employers
   
   DailyPay Overview
   
   On-demand pay — also known as earned wage access — gives employees access to
   their earned pay before payday. DailyPay is your key to improving
   recruitment, retention, motivation and productivity.
   
   Why DailyPay
   
   DailyPay helps you deliver on-demand pay that gives your employees the
   financial control they need to be more engaged, motivated and happier at
   work.
   
   Clients
   
   DailyPay partners with industry leaders across HCM and payroll for a seamless
   experience.
   
   Industries
   
   Overview
   
   While each industry has to deal with unique economic factors and different
   customer bases, one constant is the employee. Learn how to support them with
   on-demand pay.
   
    * Hospitals & Healthcare
    * Grocers & Supermarkets
    * Retail
    * Call & Contact Centers
    * Restaurants & QSR
    * Manufacturing
    * Travel & Hospitality
    * Public Sector
   
   See the DailyPay difference Let's Talk
   Featured resources
   Education Series
   All You Need to Know About On-Demand Pay
   Case Study
   DailyPay: The Benefit Duracell’s Employees Asked for by Name
   Case Study
   Offering DailyPay Helped Adecco Improve Retention in the Staffing Industry
   
 * Solutions
   Platform & Features
   
   EWA Platform
   
   Industry-leading on-demand pay.
   
   DailyPay Visa® Prepaid Card
   
   Reach even more employees with earned wage access.
   
   Cycle
   
   Easily disburse off-cycle pay.
   
   Reward
   
   Incentivize employees with real-time cash rewards.
   
   Tips New
   
   Real-time digital tips access.
   
   By initiative
   
   Implement Earned Wage Access
   
   EWA improves employee retention and recruitment.
   
   Reduce Employee Turnover
   
   How much does turnover cost your company?
   
   Improve Employee Financial Wellness
   
   How does employee financial wellness impact your bottom line?
   
   Increase Employee Engagement
   
   Boost productivity and revenue.
   
   Improve Employee Retention
   
   Experience cost savings and higher workplace morale.
   
   Explore all Integrations Our on-demand pay solution integrates with payroll
   and time management systems.
   Featured resources
   Turnover Calculator
   How much is turnover costing your company?
   Guide
   Employee Financial Wellness is Good Business
   Thought Leadership
   How Can an Earned Wage Access Platform Help Your Business?
   
 * Our Partners
   
   Partners Overview
   
   Work with DailyPay to implement the most trusted solutions in on-demand pay
   that work best for your clients and their employees.
   
   Human Capital Management
   
   Workforce Management
   
   Banks & Financial Institutions
   
   Integrations
   
   DailyPay integrates with 180+ HCM, payroll and time management systems to
   deliver industry-leading EWA to millions of users.
   
    * 
      
   
   Featured Partner
   Blog
   PNC Launches On-Demand Pay Solution Powered by DailyPay Marketplace
   
 * Resources
   Learn
   
   Blog
   
   Case Studies
   
   Guides
   
   On-Demand Pay Education Series
   
   Learn how to get started with on-demand pay, discover the advantages for both
   your company and your employees.
   
   The Source Webinar
   
   Get insights from industry experts demonstrating how employees use on-demand
   pay.
   
   Company
    * About Us
    * Impact
    * Awards & Recognition
    * Press Center
   
   Resource Center Our library of on-demand pay thought leadership.
   Featured resources
   Turnover Calculator
   How much is turnover costing your company?
   Blog
   How Employee Engagement Impacts Your Bottom Line
   Blog
   What is a Paycheck Advance and Why You Should Avoid Them
   
 * For Employees

Get a Demo

Search Icon A magnifying glass representing search
Search for:Search Button
Close Search Popup Close the search popup

popular searches

earned wage access on-demand pay improve employee retention friday by dailypay
employee financial wellness reduce turnover Increase employee engagement
Log In Get a Demo


LEGAL

Legal Docs

 * Terms of Service
 * Program Terms
 * Cycle Terms
 * Reward Terms
 * Privacy
 * Cardholder Agreement
 * Short Form Disclosure
 * eSign
 * Bancorp Privacy Notice
 * DailyPay Card Privacy Policy


TERMS OF SERVICE

 * Terms of Service
 * Program Terms
 * Cycle Terms
 * Reward Terms
 * Privacy
   
   
   
   
   
   

Last updated: March 26, 2024

Welcome to the DailyPay movement! 

Welcome to DailyPay! DailyPay, Inc. (“DailyPay,” “our,” “us” or “we”) provides a
platform to employers that enables employees and other service providers to
access on-demand pay securely, seamlessly, and compliantly. The DailyPay
Solution is a comprehensive suite of pay experience capabilities designed to
revolutionize pay processes for employees and employers. DailyPay also makes
available Friday by DailyPay™ which is a general purpose reloadable card and
mobile application, and the DailyPay Card, which is a general purpose reloadable
card.

We want you to completely understand what we do, how we do it, and what is
required of you. These Terms of Service (“Terms”) are a contract and explain
things you should know about using our
websites, www.dailypay.com and https://friday.dailypay.com (together, the
“Site”), our mobile applications (the “Mobile Apps”), and our related
applications and technologies (collectively, including the Site, the Mobile
Apps, and updated or new features and functionality, the “Services”).  By using
the Services, you agree to these Terms. If you do not agree to these Terms, you
may not use the Services and you must close your account to access the Site and
the Mobile Apps (“DailyPay account”).

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND
OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND
OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT
YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND
FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN
INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK
RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL
BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US
RESOLVED BY A JURY OR IN A COURT OF LAW.

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

The Services include the “DailyPay Program,” a service that enables an employee
or service provider to access earnings arising from regular pay with no-fee and
transaction fee options. If you are a DailyPay Program participant, the DailyPay
Program Terms (“Program Terms”) supplement these Terms and govern your
participation in the DailyPay Program. The Services also include “DailyPay Cycle
Payment,” a service that allows an employee or service provider of a
participating business to access other amounts the business owes to the employee
or service provider, such as net bonus pay, incentive pay, expense
reimbursements, termination pay, and other off-cycle amounts that do not arise
from the regular wage, fee, or salary payment cycle. If you participate in
DailyPay Cycle Payment, the DailyPay Cycle Payment Terms (“Cycle Payment Terms”)
supplement these Terms and govern your use of the DailyPay Cycle Payment. The
Services also include Friday by DailyPay, and the DailyPay Card, both of which
are Visa® prepaid cards that provide users with no-fee, instant on-demand pay.
The Friday Card and the DailyPay Card can also be used to access ATMs, load cash
and withdraw money, and make online or in-store purchases anywhere Visa® debit
cards are accepted. Friday Card and DailyPay Card holders will also be subject
to a separate cardholder agreement. Banking services for the Friday Card and the
DailyPay Card are provided by The Bancorp Bank, N.A., Member FDIC. The Services
also include “DailyPay Reward Payment,” which allows the service provider of a
participating Hiring Entity (as defined herein) to access amounts the Hiring
Entity designates as incentive or bonus payments in DailyPay Reward Payment. If
you participate in DailyPay Reward Payment, the DailyPay Reward Payment Terms
(“Reward Payment Terms”) supplement these terms and govern your use of the
DailyPay Reward Payment.


1. USE OF THE SERVICES

The Services may be used only according to these Terms. You may use the Services
only for lawful purposes. You may not modify, distribute, publish, license,
create derivative works from, transfer, or sell any information or content
contained on the Services.

If you wish to use certain parts of the Services, you will need to: (a)
establish a DailyPay account by providing us with certain information, including
information about your identity (e.g., name and email address) and, in some
cases, banking information; and (b) create user access credentials, including a
password and other multi-factor authentication credentials, to protect your
DailyPay account. You 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 Sections 2.0 and 3.0 of the Privacy
Policy).

We reserve the right, in our sole discretion, to refuse to approve a DailyPay
account and to modify, delay, suspend, or terminate access to any DailyPay
account and/or all or any part of the Services.

You represent, warrant, and promise that:

 * If you are an individual, you are at least 18 years of age or if you are less
   than 18 years of age, you have received the necessary consent from a parent
   or legal guardian to use the Services;

 * You are fully authorized to enter into and perform your obligations under
   these Terms;

 * These Terms constitute a legal and valid contract that is binding on you and
   enforceable against you as written;

 * The execution, delivery, and performance of these Terms by you does not
   violate laws of your jurisdiction or the provisions of any agreement to which
   you are bound;

 * There are no claims, actions, suits, audits, inquiries, proceedings, or
   governmental investigations pending or threatened involving you or the
   transactions contemplated by these Terms;

 * The name you used or verified to establish your DailyPay account is your
   legal name, and you have not used any other name with us;

 * Any information, materials, data, content, or documents you provide or make
   available to DailyPay are and will remain true, correct, and complete;

 * You will maintain and update your Personal Information to keep it true,
   accurate, current, and complete;

 * You 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 rights 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; or (iii) poses or
   creates a privacy or security risk to any person;

 * interfere with or disrupt the Services or servers or networks connected to
   the Services, or disobey any requirements, procedures, policies, or
   regulations of networks connected to the Services; 

 * violate any applicable local, state, national, or international law, or any
   regulations having the force of law; 

 * impersonate any person or entity, or falsely state or otherwise misrepresent
   your affiliation with any person or entity;

 * further or promote any criminal activity or enterprise or provide
   instructional information about illegal activities;

 * obtain or attempt to access or otherwise obtain any content or information
   through any means not intentionally made available or provided for through
   the Services; 

 * circumvent, remove, alter, deactivate, degrade, override, or bypass, or
   thwart any of the access controls including but not limited to the security
   features for, content protections in, or geographic restrictions on any
   content (including Services Information (as defined below)) available on or
   through the Services, including through the use of virtual private networks;

 * modify, distribute, publish, license, create derivative works from, transfer,
   or sell any information or content contained in the Services;

 * disassemble, decrypt, extract, reverse engineer or reverse compile the
   Services, or otherwise attempt to discover the source code, confidential
   algorithms or techniques incorporated in the Services;

 * engage in or use any data mining, robots, scraping, or similar data gathering
   or extraction methods, except as expressly permitted by DailyPay. If you are
   blocked by DailyPay from accessing the Services (including by blocking your
   IP address), you agree not to implement any measures to circumvent, override,
   or bypass, such blocking (e.g., by masking your IP address or using a proxy
   IP address or virtual private network); or

 * monitor the Services’ availability, performance or functionality for any
   competitive purpose.


2. ADDITIONAL TERMS; CHANGES; ACCOUNT CLOSURE

DailyPay may offer you Services, such as the DailyPay Program, DailyPay Cycle
Payment, the Friday Card, the DailyPay Card, and DailyPay Reward Payment, which
are subject to additional terms and conditions that are available on the Site or
otherwise made available to you separately from these Terms (“Additional
Terms”). The Program Terms, Cycle Payment Terms, and Reward Payment Terms are
examples of Additional Terms. If there is a conflict between these Terms and the
Additional Terms, the Additional Terms will control with respect to the
conflict.

We reserve the right, in our sole discretion, to change these Terms and any
Additional Terms. We will post the changes on the Site or otherwise make
available to you any changes, and will indicate at the top of this page the date
these Terms were last revised. Your continued use of the Services will
constitute your acceptance of any changes. If required by applicable law, we
will send you advance notice prior to making any changes effective.

If you wish to close your DailyPay account, you may do so through the Site or
the applicable Mobile App by changing your DailyPay account settings. If you
have any difficulty doing so, you may email us a request for assistance
at: 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. For the avoidance of doubt,
neither the Friday Card nor the DailyPay Card is a “DailyPay account” hereunder
and is instead held by the issuing bank for the card; cancellation of the Friday
Card or the DailyPay Card is governed by the terms of the applicable cardholder
agreement.


3. 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 lender, a broker, or an accounting, financial, or
investment planner or advisor. We do not provide financial, business,
accounting, securities, tax, legal, or professional advice of any kind. Your use
of the Services is at your sole discretion and risk.

ALTHOUGH DAILYPAY HAS ATTEMPTED TO PROVIDE SOUND MATERIALS, DAILYPAY ASSUMES NO
RESPONSIBILITY FOR THE ACCURACY, MERCHANTABILITY, OR COMPLETENESS OF THE
SERVICES, THE SERVICES INFORMATION, OR OTHER SERVICES, PRODUCTS, FEATURES, OR
FUNCTIONALITY OF THE SERVICES, AND DAILYPAY MAKES NO COMMITMENT TO UPDATE THEM.
THE SERVICES INFORMATION AND THE SERVICES ARE FURNISHED “AS IS,” “AT YOUR OWN
RISK,” AND “AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, ARE SPECIFICALLY EXCLUDED AND
DISCLAIMED. FURTHER, DAILYPAY DOES NOT WARRANT THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICES WILL MEET YOUR EXPECTATIONS OR THAT THE SERVICES (AND ANY SERVER
THAT MAKES THE SERVICES AVAILABLE) WILL BE UNINTERRUPTED OR FREE OF ERRORS,
VIRUSES, OR BUGS.

DailyPay is not liable for any disruption to the Services and is not liable for
losses related to your inability to use them for any reason.

DailyPay is excused from performing any duties under these Terms or Additional
Terms which are prevented or interfered with by conditions beyond DailyPay’s
reasonable control.


4. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, DAILYPAY AND ITS AFFILIATES, AND EACH OF
THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES,
THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS, THE ISSUER, AND THIRD PARTIES
MENTIONED ON THE SERVICES, ARE NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES
WHATSOEVER (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST SAVINGS, LOST
DATA, BUSINESS INTERRUPTION, OR OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES) ARISING OUT OF OR RELATING TO:

 * THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES INFORMATION,
   SERVICES, OR ANY WEBSITES OR OTHER CONTENT LINKED TO THE SERVICES;

 * ANY SERVICES INFORMATION, MATERIALS, PRODUCTS, SERVICES, FEATURES, AND
   FUNCTIONALITY AVAILABLE, THROUGH THE SERVICES, RELATED TO THE SERVICES, OR
   CONTAINED ON ANY SUCH WEBSITES OR OTHER CONTENT LINKED TO THE SERVICES; OR

 * THESE TERMS, THE ADDITIONAL TERMS, OR ANY ACTS OR OMISSIONS UNDER OR IN
   FURTHERANCE OF THESE TERMS OR THE ADDITIONAL TERMS (EXCEPT FOR WILLFUL
   MISCONDUCT), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
   THEORY AND WHETHER OR NOT DAILYPAY HAS BEEN ADVISED OF THE POSSIBILITY OF
   SUCH LOSS OR DAMAGES.

IF YOUR USE OF THE SERVICES INFORMATION, THE SERVICES, OR ANY WEBSITES OR OTHER
CONTENT LINKED TO THE SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR, OR
CORRECTION OF EQUIPMENT OR DATA, YOU ARE LIABLE FOR ALL RELATED COSTS.

IN NO EVENT WILL DAILYPAY OR ANY OF ITS AFFILIATES, OR EACH OF THEIR OWNERS,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, THIRD-PARTY SERVICE
PROVIDERS, SUPPLIERS, AND THIRD PARTIES MENTIONED ON THE SERVICES BE LIABLE TO
YOU FOR ANY DAMAGES THAT EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO
DAILYPAY FOR USING ANY OF THE SERVICES DURING THE MONTH PRIOR TO YOU BRINGING
THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH
ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF
WARRANTIES” AND “LIMITATION OF LIABILITY” AND THE SECTION BELOW TITLED
“INDEMNIFICATION” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE
LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE
INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH
PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE
SECTIONS.


5. 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.


6. LINKS TO THIRD-PARTY WEBSITES; THIRD-PARTY SOFTWARE PRODUCTS

Links in the Services to third-party websites or software products are provided
as a convenience to you. If you use these links or software products, you might
leave the Services. Some of the third parties’ software products may require you
to have, and actually be signed into, an active user account for such
third-party software products.

DailyPay has not reviewed these third-party websites, applications, or software
products; does not control them; is not liable for any errors or omissions or
their content; and does not endorse or make any representations, warranties, or
promises about them, or any information, software products, or other products or
materials found on them, or any results that may be obtained from using them.
You use third-party websites, applications, or software products linked to the
Services at your own risk and agree that we have no liability for any loss or
damage of any kind incurred as a result of such use.


7. MOBILE SERVICES

The Services include certain services that are available via a mobile device,
including (a) the ability to upload content to the Services via a mobile device,
(b) the ability to browse certain Services from a mobile device, and (c) the
ability to access certain features and content through Mobile Apps
(collectively, the “Mobile Services”). To the extent you access the Services
through a mobile device, your wireless service carrier’s standard charges, data
rates, and other fees may apply. In addition, downloading, installing, or using
certain Mobile Services may be prohibited or restricted by your carrier, and not
all Mobile Services may work with all carriers or devices. In the event you
change or deactivate your mobile telephone number, you agree to promptly update
your DailyPay account information to ensure that your messages are not sent to
the person that acquires your old number.

Subject to these Terms, DailyPay hereby grants to you a limited, revocable,
non-exclusive, non-transferable, non-sublicensable license to (a) install the
Mobile App on one mobile device and (b) use the Mobile App for your own personal
use solely to access and use the Services. For clarity, the foregoing is not
intended to prohibit you from installing the Mobile App on another device on
which you also have agreed to these Terms. Each instance of these Terms that you
agree to in connection with downloading a Mobile App grants you the
aforementioned rights in connection with the installation and use of the Mobile
App on such one device.

The software underlying the Services may contain or be provided together with
open source software. Each item of open source software is subject to its own
license terms. If required by any license for particular open source software,
DailyPay makes such open source software, and DailyPay’s modifications to that
open source software (if any), available by written request
to support@dailypay.com. Copyrights to the open source software are held by the
respective copyright holders indicated therein.


8. THIRD-PARTY DISTRIBUTION CHANNELS

Our software applications may be made available to you through the Apple Inc.
(“Apple”) App Store, Google Play Store, or other distribution channels (each, a
“Distribution Channel”). If you obtain a software application through a
Distribution Channel, you may be subject to additional terms of the Distribution
Channel. These Terms are between only you and us, and not with a Distribution
Channel. If you utilize any other third-party products or services in connection
with your use of our Services, you agree to comply with all applicable terms of
any agreement for such third-party products or services.

The following additional terms and conditions apply to Mobile Apps made
available for your use with an Apple-branded product (“Apple-Enabled Software”):

 * DailyPay and you acknowledge that these Terms are between only DailyPay and
   you, and not with Apple; and that, as between DailyPay and Apple, DailyPay,
   not Apple, is solely responsible for the Apple-Enabled Software and its
   content.

 * You may not use the Apple-Enabled Software in any way that violates, is
   inconsistent with, or conflicts with Apple Media Services Terms and
   Conditions.

 * Your license to use the Apple-Enabled Software is limited to a
   non-transferable license to use the Apple-Enabled Software on an iOS product
   that you own or control, as permitted by the Apple Media Services Terms and
   Conditions, except that such Apple-Enabled Software may be accessed and used
   by other accounts associated with the purchaser via Apple’s Family Sharing or
   volume purchasing programs.

 * Apple has no obligation to provide any support or maintenance services with
   respect to the Apple-Enabled Software.

 * Apple is not responsible for any product warranties, whether express or
   implied by law. If any Apple-Enabled Software fails to conform to any
   applicable warranty, you may notify Apple, and Apple will refund the purchase
   price for the Apple-Enabled Software to you, if any; and, to the maximum
   extent permitted by applicable law, Apple will have no other warranty
   obligation whatsoever with respect to the Apple-Enabled Software, or any
   other claims, losses, liabilities, damages, costs, or expenses attributable
   to any such failure to conform to any warranty, which will be DailyPay’s sole
   responsibility, to the extent it cannot be disclaimed under applicable law.

 * DailyPay and you acknowledge that DailyPay, not Apple, is responsible for
   addressing any claims of you or any third party relating to the Apple-Enabled
   Software or your possession or use of that Apple-Enabled Software, including:
   (A) product liability claims; (B) claims that the Apple-Enabled Software
   fails to conform to any applicable legal or regulatory requirement; and (C)
   claims arising under consumer protection, privacy, or similar legislation.

 * If a third-party claims that the Apple-Enabled Software or the end-user’s
   possession and use of that Apple-Enabled Software infringes that third
   party’s intellectual property rights, as between DailyPay and Apple,
   DailyPay, not Apple, will be solely responsible for the investigation,
   defense, settlement, and discharge of any such intellectual property
   infringement claim.

 * You represent and warrant that: (A) you are not located in a country that is
   subject to a U.S. Government embargo or that has been designated by the U.S.
   Government as a “terrorist supporting” country; and (B) you are not listed on
   any U.S. Government list of prohibited or restricted parties.

 * If you have any questions, complaints, or claims with respect to the
   Apple-Enabled Software, they should be directed to DailyPay as
   follows: support@dailypay.com 55 Water Street, 42nd Floor, New York, New York
   10041

 * You must comply with applicable third-party terms of agreement when using the
   Apple-Enabled Software (e.g., your wireless data service agreement).

 * DailyPay and you acknowledge and agree that Apple and Apple’s subsidiaries
   are third-party beneficiaries of these Terms with respect to the
   Apple-Enabled Software, and that, upon your acceptance of these Terms, Apple
   will have the right (and will be deemed to have accepted the right) to
   enforce these Terms against you with respect to the Apple-Enabled Software as
   a third-party beneficiary.

The following additional terms and conditions apply to any Mobile App you
download from the Google Play Store (“Google-Sourced Software”): (a) you
acknowledge that these Terms are between you and DailyPay only, and not with
Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply
with Google’s then-current Google Play Terms of Service; (c) Google is only a
provider of Google Play where you obtained the Google-Sourced Software; (d)
DailyPay, and not Google, is solely responsible for DailyPay’s Google-Sourced
Software; (e) Google has no obligation or liability to you with respect to
Google-Sourced Software or these Terms; and (f) you acknowledge and agree that
Google is a third-party beneficiary to these Terms as it relates to DailyPay’s
Google-Sourced Software.


9. INTELLECTUAL PROPERTY

The Services Information, Services, the DailyPay name, marks and logos, and all
other technology, software, information, and intellectual property underlying,
referenced on or related to the Services are owned by DailyPay or licensed to
DailyPay by third parties and are protected by patent, copyright, trademark,
trade secret, and other proprietary rights and laws. All other applicable
ownership rights are reserved, and you will abide by all laws applicable to
them. By making the Services Information and Services available, DailyPay does
not grant any licenses to or transfer any right, interest, or title in any
intellectual property rights to you or any other person. You agree not to copy,
modify, create a derivative work of, reverse engineer, reverse assemble,
decompile, disassemble, decipher, or otherwise attempt to discover any source
code, sell, assign, sublicense, or otherwise transfer any right in the software
underlying the Services (including the Mobile Apps) or distributed in connection
therewith. Any rights not expressly granted herein are reserved by DailyPay.

You hereby authorize DailyPay and its third-party vendors, service providers,
and contractors 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.


10. 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
DAILYPAY WITHOUT DAILYPAY’S PRIOR WRITTEN CONSENT.


11. SECURITY

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


12. GOVERNING LAW

The law, including the statutes of limitation, of the State of New York will
govern these terms and the Additional Terms, the interpretation and enforcement
of these Terms, and any claim or cause of action (in law or equity),
controversy, or dispute arising out of or related to them or their negotiation,
execution or performance, whether based on contract, tort, statutory or other
law, in each case without giving effect to any conflicts-of-law or other
principle requiring the application of the law of any other jurisdiction.


13. JURISDICTION AND VENUE FOR BUSINESSES

This Section 13 applies to any person who has used or is using the Services
Information or Services for any reason other than primarily personal, family, or
household purposes (each such person, a “Business”).

In any circumstances in which any action, suit, or proceeding arising under
these Terms or the Additional Terms, or the interpretation, performance, or
breach of these Terms or the Additional Terms, is permitted to be instituted in
court, if DailyPay elects, any such action, suit, or proceeding will be
instituted and maintained in any federal or state court sitting in the State of
New York (“Acceptable Forums”). You agree that the acceptable forums are
convenient to you, submit to the jurisdiction of the acceptable forums, and
waive any and all objections to personal jurisdiction or venue. Should any such
action, suit, or proceeding be initiated in any other forum, you waive any right
to oppose any motion or application made by DailyPay to transfer such action,
suit, or proceeding to an acceptable forum.


14. EXPORT CONTROL

You may not use, export, import, or transfer the Services Information, or
Services except as authorized by U.S. law, the laws of the jurisdiction in which
you obtained the Services Information or Services, and any other applicable
laws. In particular, but without limitation, the Services Information and
Services may not be exported or re-exported (A) into any U.S. embargoed
countries, or (B) to anyone on the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List
or Entity List. By using the Services Information or Services, you represent and
warrant that (A) you are not located in a country that is subject to a U.S.
government embargo or that has been designated by the U.S. government as a
“terrorist supporting” country and (B) you are not listed on any U.S. government
list of prohibited or restricted parties. You also will not use the Services
Information or Services for any purpose prohibited by U.S. law, including the
development, design, manufacture, or production of missiles, nuclear, chemical,
or biological weapons. You acknowledge and agree that products, services, or
technology provided by DailyPay are subject to the export control laws and
regulations of the U.S. You will comply with these laws and regulations and will
not, without prior U.S. government authorization, export, re-export, or transfer
DailyPay products, services, or technology, either directly or indirectly, to
any country or person in violation of such laws and regulations. If you access
or download the Services from outside of the U.S., you do so at your own risk.


15. COMPLAINTS BY CALIFORNIA CONSUMERS

You may report complaints about us to the Correspondence Unit of the California
Department of Consumer Affairs by writing at Division of Programs and Policy
Review, Consumer Information Center—Correspondence Unit, 1625 N. Market Blvd.,
Ste N-112, Sacramento, CA 95834-1924, or by contacting them at www.dca.ca.gov or
calling (800) 952-5210.


16. DISCLOSURES FOR CALIFORNIA CONSUMERS

DailyPay is not currently licensed by the Department of Financial Protection and
Innovation (the “DFPI”). If the DFPI does decide in the future to license
DailyPay, and/or require DailyPay to make modifications to these Terms, such
developments may have no adverse impact on your then-existing obligations under
these Terms. Although DailyPay is not licensed by the DFPI, any consumer is
invited to share any comment and concerns about DailyPay or its product and
practices with the DFPI at (866) 275-2677 (toll-free) or at the following
URL: https://dfpi.ca.gov/file-a-complaint.


17. U.S. GOVERNMENT RESTRICTED RIGHTS

The Services are made available to the U.S. government with “RESTRICTED RIGHTS.”
Use, duplication, or disclosure by the U.S. government is subject to the
restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or
its successor. Access to or use of the Services (including the underlying
software) by the U.S. government constitutes acknowledgement of our proprietary
rights in the Services (including the underlying software).


18. 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, the Reward Payment Terms, or any other Additional Terms
(including a payment or economic term) is held invalid, unenforceable, or a
violation of applicable law, then that term will be deemed severable from the
remaining terms and in no way affects the validity or enforceability of the
remaining terms, and, to the extent not prohibited by applicable law, the
invalid, unenforceable, or noncompliant term may be replaced by DailyPay by
terms that are valid, enforceable and compliant, and that come closest to
expressing the intention of the invalid, unenforceable, or noncompliant term.
These Terms and any Additional Terms, including without limitation the Program
Terms, Cycle Payment Terms, and Reward Payment Terms are the final, complete,
and exclusive agreement of the parties with respect to the subject matter they
govern and supersede and merge all prior discussions between the parties with
respect to such subject matter; and nothing on the Services should be construed
to alter such agreement. The titles in these Terms are used for convenience only
and are not to be considered in construing them.


19. AGREEMENT TO DO BUSINESS ELECTRONICALLY AND HOW TO PROVIDE NOTICE

You agree to conduct business with us electronically, including the execution of
these Terms and any Additional Terms, all of which may be executed by electronic
signature, including an electronic sound, symbol, or process, attached to or
logically associated with the terms or agreement.

You agree that we may provide you notices, disclosures, electronic records, and
other communications by email, by posting in your DailyPay account, by SMS
message (including text message), by regular mail, or any other method. You may
provide us notice through the Services or by email to: 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 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 receive electronic communications, we may immediately
delay, suspend, or terminate your access to and participation in your DailyPay
account and the Services.


20. DISPUTE RESOLUTION BY BINDING ARBITRATION – FOR USERS ENTERING INTO THESE
TERMS IN AN INDIVIDUAL CAPACITY

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

(a) Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these
Terms as the “Arbitration Agreement.” You agree that any and all disputes or
claims that have arisen or may arise between you and DailyPay, whether arising
out of or relating to these Terms and/or the Additional Terms (including any
alleged breach thereof), the Service, any advertising, or any aspect of the
relationship or transactions between us, will be resolved exclusively through
final and binding arbitration, rather than a court, in accordance with the terms
of this Arbitration Agreement, except that you may assert individual claims in
small claims court, if your claims qualify. Further, this Arbitration Agreement
does not preclude you from bringing issues to the attention of federal, state,
or local agencies, and such agencies can, if the law allows, seek relief against
us on your behalf. You agree that, by entering into these Terms, you and
DailyPay are each waiving the right to a trial by jury or to participate in a
class action. Your rights will be determined by a neutral arbitrator, not a
judge or jury. The Federal Arbitration Act governs the interpretation and
enforcement of this Arbitration Agreement.

(b) Prohibition of Class and Representative Actions and Non-Individualized
Relief

YOU AND DAILYPAY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY
ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DAILYPAY AGREE
OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR
PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,
REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF
(INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE
INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE
RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY
PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER
APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. 

(c) Pre-Arbitration Dispute Resolution

DailyPay is always interested in resolving disputes amicably and efficiently,
and most customer concerns can be resolved quickly and to the customer’s
satisfaction by emailing customer support at support@dailypay.com. If such
efforts prove unsuccessful, a party who intends to seek arbitration must first
send to the other, by certified mail, a written Notice of Dispute (“Notice”).
The Notice to DailyPay should be sent to 55 Water St. Floor 42 New York, NY
10041 (“Notice Address”). The Notice must (i) describe the nature and basis of
the claim or dispute and (ii) set forth the specific relief sought. If DailyPay
and you do not resolve the claim within sixty (60) calendar days after the
Notice is received, you or DailyPay may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by DailyPay or
you will not be disclosed to the arbitrator until after the arbitrator
determines the amount, if any, to which you or DailyPay is entitled.

(d) Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the
American Arbitration Association’s (“AAA”) rules and procedures, including the
AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by
this Arbitration Agreement. For information on the AAA, please visit its
website, https://www.adr.org. Information about the AAA Rules and fees for
consumer disputes can be found at the AAA’s consumer arbitration page,
https://www.adr.org/consumer. If there is any inconsistency between any term of
the AAA Rules and any term of this Arbitration Agreement, the applicable terms
of this Arbitration Agreement will control unless the arbitrator determines that
the application of the inconsistent Arbitration Agreement terms would not result
in a fundamentally fair arbitration. The arbitrator must also follow the
provisions of these Terms as a court would. All issues are for the arbitrator to
decide, including issues relating to the scope, enforceability, and
arbitrability of this Arbitration Agreement. Although arbitration proceedings
are usually simpler and more streamlined than trials and other judicial
proceedings, the arbitrator can award the same damages and relief on an
individual basis that a court can award to an individual under these Terms and
applicable law. Decisions by the arbitrator are enforceable in court and may be
overturned by a court only for very limited reasons.

Unless DailyPay and you agree otherwise, any arbitration hearings will take
place in a reasonably convenient location for both parties with due
consideration of their ability to travel and other pertinent circumstances. If
the parties are unable to agree on a location, the determination will be made by
AAA. If your claim is for $10,000 or less, DailyPay agrees that you may choose
whether the arbitration will be conducted solely on the basis of documents
submitted to the arbitrator, through a telephonic hearing, or by an in-person
hearing as established by the AAA Rules. If your claim exceeds $10,000, the
right to a hearing will be determined by the AAA Rules. Regardless of the manner
in which the arbitration is conducted, the arbitrator will issue a reasoned
written decision sufficient to explain the essential findings and conclusions on
which the award is based.

(e) Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the
“Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided
in this Arbitration Agreement.  To the extent any Arbitration Fees are not
specifically allocated to either DailyPay or you under the AAA Rules, DailyPay
and you shall split them equally; provided that if you are able to demonstrate
to the arbitrator that you are economically unable to pay your portion of such
Arbitration Fees or if the arbitrator otherwise determines for any reason that
you should not be required to pay your portion of any Arbitration Fees, DailyPay
will pay your portion of such fees. In addition, if you demonstrate to the
arbitrator that the costs of arbitration will be prohibitive as compared to the
costs of litigation, DailyPay will pay as much of the Arbitration Fees as the
arbitrator deems necessary to prevent the arbitration from being
cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA
Rules.

(f) Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by
the arbitrator, will be strictly confidential for the benefit of all parties.

(g) Severability

If a court or the arbitrator decides that any term or provision of this
Arbitration Agreement (other than the subsection (b) above titled “Prohibition
of Class and Representative Actions and Non-Individualized Relief” above) is
invalid or unenforceable, the parties agree to replace such term or provision
with a term or provision that is valid and enforceable and that comes closest to
expressing the intention of the invalid or unenforceable term or provision, and
this Arbitration Agreement will be enforceable as so modified. If a court or the
arbitrator decides that any of the provisions of subsection (b) above titled
“Prohibition of Class and Representative Actions and Non-Individualized Relief”
are invalid or unenforceable, then the entirety of this Arbitration Agreement
will be null and void, unless such provisions are deemed to be invalid or
unenforceable solely with respect to claims for public injunctive relief. The
remainder of these Terms will continue to apply.

(h) Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, DailyPay agrees
that if it makes any future change to this Arbitration Agreement (other than a
change to the Notice Address) while you are a user of the Service, you may
reject any such change by sending DailyPay written notice within thirty (30)
calendar days of the change to the Notice Address provided above. By rejecting
any future change, you are agreeing that you will arbitrate any dispute between
us in accordance with the language of this Arbitration Agreement as of the date
you first accepted these Terms (or accepted any subsequent changes to these
Terms).


21. DISPUTE RESOLUTION BY BINDING ARBITRATION – FOR USERS ENTERING INTO THESE
TERMS ON BEHALF OF AN ENTITY

You and DailyPay intend that these Terms and the Additional Terms are to be
construed and enforced in accordance with the laws of the State of New York
without regard to any conflict-of-law or choice-of-law rules, and that the rule
of construction that provides that a document is construed against the maker
thereof be inapplicable in the construction of any of the terms of these Terms
or the Additional Terms.  Any dispute, claim, or controversy arising out of or
relating in any way to these Terms or the Additional Terms, or the breach,
termination, enforcement, interpretation, or validity thereof, including the
determination of the scope or applicability of this agreement to arbitrate,
shall be determined through confidential binding arbitration in New York, New
York before one arbitrator. The confidential binding arbitration shall be
administered by AAA pursuant to its Commercial Arbitration Rules, and you and
DailyPay shall maintain the confidential nature of the arbitration proceeding
and the award, including the hearing.  Judgment on the award may be entered in
any court having jurisdiction.

DailyPay HQ

55 Water Street New York, NY 10041

Contact us

 * COMPANY
   
   * COMPANY 1
     
     * About us
     * Clients
     * Awards & Recognition
     * Diversity & Inclusion
     * Impact
     * Security
     * Press Center
     * Careers
     * DailyPay Pioneers

 * EMPLOYERS
   
   * Our Solution
   * Benefits
   * Industries
   * DailyPay
   * Reward
   * Cycle

 * RESOURCES
   
   * Blog
   * ODP Education Series
   * ROI Calculator
   * Integrations
   * Employee Retention
   * Earned Wage Access
   * Resource Center
   * Research & Statistics
 * For Employees

Follow us



Get Friday



Get DailyPay



For Employees

visit get.dailypay.com



DailyPay HQ

55 Water Street New York, NY 10041

Contact us

† Requires employer participation in DailyPay, and election to deposit early
transfers and set direct deposit to the Friday Card.

†† Other fees and limits apply. See Cardholder Agreement for details.

* Employer must include tips in employee earnings

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.

DailyPay is a proud member of the On-Demand Pay International Council.

Learn More

 * © DailyPay
 * Privacy
 * Do Not Sell or Share My Personal Information
 * Consumer Privacy Notice
 * Accessibility
 * Terms of Service
 * OSS Attribution
 * Program Terms
 * Status