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PROGRAM TERMS

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

Last updated: May 11, 2023

Welcome to the DailyPay Program!

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

By using the DailyPay Program, you agree to these Program Terms, the DailyPay
Cycle Payment Terms available at  https://www.dailypay.com/legal/cycle-terms/,
the DailyPay Terms of Service available at
https://www.dailypay.com/legal/terms-of-service/, and the DailyPay Reward
Payment Terms available at https://www.dailypay.com/legal/reward-terms/. Please
read these Program Terms, the DailyPay Cycle Payment Terms, the DailyPay Terms
of Service, and the DailyPay Reward Payment Terms carefully. Capitalized terms
used in these Program Terms have the meanings provided in Section 9 below.

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


1. THE DAILYPAY PROGRAM PROVIDES YOU WITH INFORMATION AND BUDGETING TOOLS AT NO
COST

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


2. YOU CAN ALSO USE THE DAILYPAY PROGRAM TO ACCESS YOUR UNPAID EARNINGS

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

Here is how this feature works:

From time to time, you may log into your DailyPay account and ask us to access
some or all of your Unpaid Earnings. You must link one of your own bank accounts
or a paycard to your DailyPay account. You may also link a debit card to your
DailyPay account in addition to your linked bank account or linked paycard.

Each time you ask us to access any Unpaid Earnings, you will be prompted to
choose a linked bank account, linked debit card, or paycard for your receipt of
the Amount Provided. We will also disclose to you how much of your Unpaid
Earnings we are able to provide. We will also present you with a choice of at
least two delivery options, the amounts of which we will disclose to you at the
time of the transaction. We will not require you to pay any other charges or
fees to access your Daily Earnings. You will have an opportunity to accept or
decline the transaction terms. When you accept the transaction terms, you give
us all right, title, and interest to the related Daily Earnings, and we will
send the Amount Provided to your linked bank account or linked debit card, so
that you can use your money whenever, wherever, and however you wish.

We do not assume any liabilities or duties related to any Unpaid Earnings: any
such liabilities and duties will remain solely with you. By giving us your
right, title, and interest in and to your Daily Earnings, you agree that we can
stand in your shoes and receive payment for the Daily Earnings from the Hiring
Entity. Our right to receive your Daily Earnings is non-recourse and is not
intended to create any debt obligation owed by you to us. This means that if the
Hiring Entity pays us an amount that is less than the amount of the Daily
Earnings—for example, if the Hiring Entity is unable to make payment because its
business has slowed down or closed in the ordinary course of business—and if you
have not breached these Program Terms, then you will owe us nothing. Under such
circumstances, we will have no legal or contractual claim or remedy against you
based on our inability to collect the full amount of the Daily Earnings, and we
will not engage in debt collection activities against you, place the Daily
Earnings as a debt or sell them to a third party, or report you to a consumer
reporting agency.

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

Before you can use the feature described in this Section 2, you will need to set
it up with the Hiring Entity. We will not require you to submit a credit report
or credit score or to undergo credit underwriting to use this feature. You will
be designated a DailyPay Routing and Account Number from us for an account that
we establish for your participation in the DailyPay Program. You agree to make
direct deposit arrangements with the Hiring Entity using your DailyPay Routing
and Account Number as the account of record in the Hiring Entity’s payment
system. You agree to instruct the Hiring Entity to direct all of your net pay to
that account, and you authorize us to convey such instructions to the Hiring
Entity on your behalf. This means that when the Hiring Entity runs payroll or
pays fees, all of your net pay or fees will be directly deposited in the account
bearing the DailyPay Routing and Account Number. We will verify with the Hiring
Entity that you work for the Hiring Entity and the amount of your Unpaid
Earnings. For each pay period, we will keep any Daily Earnings, and you will
receive the rest of your Unpaid Earnings in your primary linked bank account or
linked paycard. 

Please note that DailyPay Cycle Payment is not compatible with debit cards. If
you have a debit card associated with your DailyPay account that is not also the
debit card associated with your primary bank account, payments related to
DailyPay Cycle Payment will be delivered to the primary bank account you
designated for receipt of payments, even if payments related to the DailyPay
Program are delivered to the other linked debit card.

You must notify us immediately if your linked bank account or linked debit card
information changes. If you do not, your DailyPay account and your participation
in the DailyPay Program, including your payments or Daily Earnings and Unpaid
Earnings, could be adversely impacted. We are not liable for any of these
adverse impacts. We also do not control when your bank posts incoming payments
to your linked bank account or linked debit card, so there may be delays which
are beyond DailyPay’s control and which you may resolve with your bank. You may
also change the linked bank account or linked debit card we have on file for you
through the Services by changing your DailyPay account settings. If you have any
difficulty changing your settings, you may email us a request for assistance
at: support@dailypay.com. We may use third-party service providers to interact
with your linked bank account or linked debit card, including obtaining and
exercising your authority to manage and initiate debit and credit transactions
involving your linked bank account or linked debit card. You agree that such
transactions are subject to the terms of the third-party service providers.  You
authorize us and these third-party service providers to interact with your
linked bank account or linked debit card to the extent necessary to provide you
the DailyPay Program.

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


3. YOU CONSENT TO THE HIRING ENTITY SHARING DATA WITH US AND RECEIVING DATA FROM
US

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

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

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

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

If your DailyPay account is closed, you authorize us to inform the Hiring Entity
and to provide the Hiring Entity for payment purposes the linked bank account or
linked debit card information and related information we have on file for you.
You consent to your pay being sent to the linked bank account or linked debit
card we have on file for you after your DailyPay account is closed unless you
specify otherwise.

You may also provide information or content directly to us through the DailyPay
Program. You grant and will grant to DailyPay and its affiliated companies a
nonexclusive, worldwide, royalty-free, fully paid up, transferable,
sublicenseable, perpetual, irrevocable license to: (A) copy, display, upload,
perform, distribute, store, modify, and otherwise use your User Content in
connection with the operation of the DailyPay Program; and (B) use your User
Content in aggregated and/or anonymized format in connection with (i) the
promotion, advertising, or marketing of the DailyPay Program or (ii) other
services we provide to our customers and business partners. You represent and
warrant that you have the rights to upload, input, or submit the User Content to
the DailyPay Program and grant the foregoing license. DailyPay is not obligated
to pre-screen or review User Content, but DailyPay reserves the right to do so
to ensure your compliance with these Program Terms. DailyPay will also have the
right (but not the obligation) in its sole discretion to disable access to or
delete any User Content that it considers in violation of these Program Terms or
to be otherwise illegal. DailyPay may share User Content with the Hiring Entity,
and any third-party service providers, as well as otherwise described in the
Privacy Policy.



4. YOU AUTHORIZE ELECTRONIC PAYMENTS TO YOUR LINKED BANK ACCOUNT

You authorize DailyPay to initiate Automated Clearing House (“ACH”) payments to
your linked bank account. You agree that ACH transactions you authorize comply
with law. These electronic payments will be, as applicable, in the amount of the
Amount Provided and at the time disclosed to you when you choose your delivery
method, or in the amount of the rest of your Unpaid Earnings and at the time the
Hiring Entity runs payroll. We may reverse erroneous transactions in accordance
with National Automated Clearing House Association rules. 

The availability of funds in your linked bank account will depend on the funds
availability policy of the financial institution holding your linked bank
account, which may limit the availability of such funds, including through use
of “cut-off times” by which items must be deposited to be processed on a given
day. 

If you change your linked bank account or add additional linked bank accounts,
you authorize DailyPay to initiate ACH payments to such linked bank accounts on
the same terms described in this Section 4. The authorizations in this Section 4
will remain in full force and effect until you close your DailyPay account, as
provided in Section 2 of the Terms of Service.


5. RULES OF THE ROAD

You promise us that:

 * You will take all actions, including the execution of documents requested by
   us, to preserve and protect our right, title, and interest in and to any
   Daily Earnings;
 * You will not take any action or make any omission (including redirecting
   payments, or placing or allowing placement of a lien or security interest on
   any Daily Earnings) that has, individually or in the aggregate, an adverse
   effect on our ability to collect on or retain any Daily Earnings; and
 * You will not use the DailyPay Program to obtain more Unpaid Earnings than you
   have earned, including receiving payments on the Daily Earnings from both
   DailyPay and another person for the same work. If you receive a payment on
   the Daily Earnings from the Hiring Entity or someone other than DailyPay, you
   must notify us immediately and hold the amount in trust for our benefit.


6. YOU MAKE CERTAIN REPRESENTATIONS AND WARRANTIES TO US

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

 * These Program Terms constitute a legal and valid contract that is binding on
   you and enforceable against you as written;
 * The execution, delivery, and performance of these Program Terms by you does
   not violate any law or the provisions of any agreement to which you are
   bound;
 * There are no claims, actions, suits, audits, inquiries, proceedings, or
   governmental investigations pending or threatened involving you or the
   transactions contemplated by these Program Terms that, if adversely
   determined, would be reasonably expected to have an adverse effect on our
   ability to collect on or retain any Daily Earnings; and
 * You have not used any name with us or with the Hiring Entity other than the
   name you used or verified to establish your DailyPay account.

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

 * You hold all legal right, title, and interest to and in the Unpaid Earnings,
   free and clear of any liens, encumbrances, judgments, or garnishments; and
   you have not sold, pledged, assigned, or encumbered the Unpaid Earnings to
   any third party;
 * The Unpaid Earnings are presently and unconditionally owed and have not been
   modified, dismissed, settled, or paid; are not currently past due; and
   represent the amount owed by the Hiring Entity arising solely from your
   actual and timely provision to the Hiring Entity in the ordinary course of
   business of lawful services, which you have accurately recorded and described
   to the Hiring Entity;
 * The Unpaid Earnings are not subject to any Dispute, claim, offset, deduction,
   discount, defense, or counterclaim of any kind; and
 * There has been no error, misrepresentation, negligence, fraud, omission, or
   violation of law on the part of you with respect to the Unpaid Earnings or
   their underlying services. 


7. YOU ARE RESPONSIBLE FOR ALL DISPUTES BETWEEN YOU AND THE HIRING ENTITY

The DailyPay Program relies upon information about you that the Hiring Entity
provides to DailyPay. Sometimes the Hiring Entity might disagree with you about
the amount of Unpaid Earnings you earned or the amount that it owes you. We do
not resolve or otherwise become involved in Disputes between you and the Hiring
Entity. Instead, resolving such Disputes is your sole responsibility. You must
notify us of any Dispute immediately but in no event more than five days of
becoming aware of it, and you must work directly with the Hiring Entity to
resolve the Dispute. A Dispute is resolved when the Hiring Entity pays the full
amount of the disputed Daily Earnings. You will provide DailyPay periodic
updates, as requested by DailyPay, regarding the status of the Dispute.

You must resolve any Dispute related to the Daily Earnings within 30 days of
becoming aware of it. If you are unable to resolve a Dispute related to the
Daily Earnings within 30 days of becoming aware of it, then you must immediately
send us payment in the amount of the Amount Provided within three additional
days.


8. WE WILL WORK WITH YOU TO RESOLVE EXCESSIVE OR DUPLICATIVE AMOUNTS

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

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

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

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


9. DEFINITIONS USED IN THESE PROGRAM TERMS

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

 * “Amount Provided” means the amount of the Daily Earnings, minus our
   transaction fee, if any. Our transaction fee, if any, is netted from the
   payments to you that we facilitate. 
 * “Daily Earnings” means the Unpaid Earnings we make available to you before
   the Hiring Entity runs payroll.
 * “DailyPay,” “our,” “us,” and “we” mean DailyPay, Inc.
 * “DailyPay account” has the meaning set forth in the opening paragraphs of the
   DailyPay Terms of Service.
 * “DailyPay Program” has the meaning set forth in the opening paragraphs of the
   DailyPay Terms of Service.
 * “DailyPay Routing and Account Number” means an account and routing number
   (which account and routing number DailyPay may change from time to time) that
   DailyPay establishes for your participation in the DailyPay Program.
 * “Dispute” means a situation in which the Hiring Entity questions, objects,
   denies, challenges, or contradicts the quality, quantity, or other aspect of
   any of your services that are related to the Unpaid Earnings, and is
   unwilling to pay or claims a right to recover any portion of the Unpaid
   Earnings.
 * “Hiring Entity” means the entity to which you provide services.
 * “Program Terms” means these DailyPay Program Terms.
 * “Services” has the meaning set forth at the top of the DailyPay Terms of
   Service.
 * “Unpaid Earnings” means the right to payment for pay owed to you by the
   Hiring Entity arising out of services you have provided to the Hiring Entity
   or its customers and any other related rights. 
 * “User Content” means, in addition to information that is made available to
   DailyPay through your use of the DailyPay Program, information about you that
   you provide DailyPay, including information about your financial, personal,
   or professional activities.

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