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Program Terms

Last updated: November 09, 2023

Welcome to 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.

The DailyPay Program Provides You with Information and Budgeting Tools at No Cost

DailyPay provides software to individuals that enables them to access unpaid earnings. The DailyPay Program offers information and budgeting tools, which are available to you for free. These tools can help you monitor your hours worked, analyze and predict your net pay, and gain a better understanding of your earnings for budgeting purposes.

You Can Also Use the DailyPay Program to Access Your Unpaid Earnings

In addition to the information and budgeting tools mentioned in Section 1, you can use the DailyPay Program to access some or all of the money you have already earned, known as your Unpaid Earnings.

Here’s how it works:

  1. Log into your DailyPay account and request to access your Unpaid Earnings.
  2. Link at least one Bank Account to your DailyPay account and designate one as your Primary Bank Account.
  3. Select a Destination Account to receive the amount provided. We may suggest a default Destination Account based on your previous usage.
  4. We will disclose the amount of Unpaid Earnings we can provide and present you with delivery options and associated fees.
  5. Choose the desired delivery option and accept the transaction terms.
  6. Once you accept, we will send the Amount Provided to your selected Destination Account, giving you the freedom to use your money whenever and wherever you wish.

It’s important to note that we don’t assume any liabilities or duties related to your Unpaid Earnings. By giving us your right, title, and interest in your Daily Earnings, you allow us to receive payment for them from the Hiring Entity. Our right to receive your Daily Earnings is non-recourse, meaning you won’t owe us anything if the Hiring Entity pays us less due to unforeseen circumstances. We also won’t engage in debt collection activities or report you to a consumer reporting agency.

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To use this feature, you need to set it up with the Hiring Entity. We don’t require credit reports or credit scores for this feature. You’ll be assigned a DailyPay Routing and Account Number, which you’ll use for direct deposit arrangements with the Hiring Entity. All your net pay or fees will be deposited into the account bearing the DailyPay Routing and Account Number. You may also change the Destination Accounts through your DailyPay account settings.

Please ensure that you notify us immediately of any changes to your Destination Accounts to avoid any adverse impacts on your DailyPay account and participation in the DailyPay Program. We are not liable for these impacts. Delays in incoming payments are beyond our control and should be resolved with your bank.

We reserve the right to delay, suspend, or terminate your access to your DailyPay account and participation in the DailyPay Program if we suspect fraudulent or suspicious activity, termination as an employee or service provider by the Hiring Entity, the expectation of receiving Unpaid Earnings directly from someone other than DailyPay, or if you violate any agreements with us.

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

The DailyPay Program relies on information from the Hiring Entity about you. By using the DailyPay Program, you consent to the Hiring Entity sharing the necessary data with us, which includes your name, contact information, earnings, timecard information, and bank account or debit card information for payment facilitation purposes. We only request and share the information required to provide the DailyPay Program.

Please note that access to retroactive Unpaid Earnings is not available through the DailyPay Program. If your DailyPay account is closed, we will inform the Hiring Entity and provide them with the necessary payment information, unless otherwise specified.

You may also provide information or content directly to us through the DailyPay Program. By doing so, you grant us a license to use your User Content in connection with the operation of the DailyPay Program and for promotion, advertising, or marketing purposes. We will handle your User Content in accordance with the Privacy Policy.

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You Authorize Electronic Payments to Your Bank Account

By using the DailyPay Program, you authorize us to initiate ACH payments to your Bank Account. These electronic payments comply with applicable laws and regulations. The availability of funds in your Bank Account is subject to your financial institution’s funds availability policy.

If you change your Bank Account or add additional Bank Accounts, you authorize us to initiate ACH payments to those accounts. These authorizations remain in effect until you close your DailyPay account.

Rules of the Road

To ensure a smooth experience, please adhere to the following rules:

  • Take necessary actions to protect our rights in the Daily Earnings.
  • Do not take any actions or omissions that adversely affect our ability to collect or retain any Daily Earnings.
  • Do not exceed your earned Unpaid Earnings or receive payments for the same work from both DailyPay and another party. If you receive such a payment, please notify us immediately and hold the amount in trust for our benefit.

You Make Certain Representations and Warranties to Us

You represent and warrant that:

  • These Program Terms constitute a binding contract between you and us.
  • Your execution, delivery, and performance of these Program Terms comply with all applicable laws and agreements.
  • There are no pending or threatened claims, actions, suits, audits, inquiries, or proceedings that could affect our ability to collect on or retain any Daily Earnings.
  • You have not used any name other than the one used to establish your DailyPay account.

Each time you request access to your Unpaid Earnings, you also represent and warrant that:

  • You have the legal right to the Unpaid Earnings and haven’t sold, assigned, or encumbered them.
  • The Unpaid Earnings are owed to you, accurately recorded, and not subject to any dispute or offset.
  • There have been no errors, misrepresentations, or violations of law regarding the Unpaid Earnings.

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

If a dispute arises between you and the Hiring Entity regarding your Unpaid Earnings, it’s your responsibility to resolve it. We do not resolve or become involved in such disputes. Please notify us of any disputes promptly and work directly with the Hiring Entity to find a resolution.

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You must resolve any Dispute related to the Daily Earnings within 30 days of becoming aware of it. If unable to do so, you must send us payment for the Amount Provided within three additional days.

We Will Work with You to Resolve Excessive or Duplicative Amounts

If certain error events occur, you may receive excessive or duplicative amounts. In such cases, we may offer options to resolve these amounts, such as settling them against your next paycheck or initiating an ACH account debit. If none of these options are selected, we may default to settling the amount against your next paycheck. We will not debit your Bank Account without obtaining your prior written consent. If there are insufficient funds in your Bank Account, your financial institution may impose additional fees.

If any error events occur and remain unresolved, or if we suspect fraud, we may delay, suspend, or terminate your access to your DailyPay account and participation in the DailyPay Program.

Definitions Used in These Program Terms

  • ACH: Automated Clearing House.
  • Amount Provided: The amount of Daily Earnings, minus any transaction fees.
  • Bank Account: A valid bank account or paycard in the United States that you link to the DailyPay platform.
  • Daily Earnings: Unpaid Earnings made available to you before the Hiring Entity runs payroll.
  • DailyPay: DailyPay, Inc.
  • DailyPay account: The account used for participation in the DailyPay Program.
  • DailyPay Program: The program provided by DailyPay.
  • DailyPay Routing and Account Number: An account and routing number provided by DailyPay for your participation in the DailyPay Program.
  • Debit Card: A valid debit card or prepaid card linked to the DailyPay platform.
  • Destination Account: Your Bank Account, Debit Card, or Visa+ payname used to receive transfers from the DailyPay platform.
  • Dispute: A disagreement between you and the Hiring Entity regarding your services and Unpaid Earnings.
  • Hiring Entity: The entity you provide services to.
  • Primary Bank Account: The Bank Account designated for receiving paychecks.
  • Program Terms: The DailyPay Program Terms.
  • Services: The services provided by DailyPay.
  • Unpaid Earnings: Pay owed to you for services provided to the Hiring Entity or its customers.

Please let us know if you have any further questions or require assistance.