TodayPay Inc. General User Agreement as of Jul 23, 2024

This user agreement is a contract between you and TodayPay Inc. governing your use of your TodayPay account and TodayPay’s services. You agree to comply with all of the terms and conditions in this user agreement. The terms include an agreement to resolve disputes by arbitration on an individual basis, consent to receive electronic disclosures and acceptable use guidelines. You also agree to comply with the following additional policies and each of the other agreements posted on legal.todaypay.tech that apply to you including but not limited to: 

1. 1. Privacy Policy
   2. Master Subscription Agreement

We may revise this user agreement and any of the policies listed above from time to time. Some of the features outlined in this user agreement may not yet be functional, live, currently implemented, or even currently on the TodayPay product roadmap. Implementation of features is at the sole discretion of TodayPay. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities we will provide notice to you of at least 14 days. We reserve the right to amend this agreement at any time without notice, subject to applicable law. By continuing to use our services after any changes to this user agreement become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.

• Opening a TodayPay Account

We offer accounts for two types of purposes: personal accounts and approved merchant accounts. You may only have one personal account. To create a personal account, you must be a resident of the United States or one of its territories, be at least 18 years old or the age of majority in your state of residence and use a cellular/wireless telephone number that you own. Your TodayPay account is a personal account unless you have received our express written approval to open a business account. In addition to this agreement, approved business accounts are also subject to the Master Subscription Agreement.  

Personal TodayPay accounts let you do things like:

1. 1. Request refunds from authorized retailers
   2. Make payments with friends
   3. Transfer funds for purchases of goods and services from authorized retailers
   4. Withdraw funds thru multiple payment methods 
   5. Withdraw funds in multiple currencies 

We may also offer you the ability to open a Teen Account. A “Teen Account” is a sub-account linked to your personal account that can be used by an individual you authorize. The authorized individual must be between 13 and 17 years old at the time of opening the Teen Account (a “Teen User”). You can add funds to a Teen Account using your personal account. Any activity conducted by a Teen User in connection with the Teen Account or the TodayPay services is treated as your activity under this user agreement, and you will be responsible for all such activity.

When we refer generally to “your TodayPay account” that includes your personal account and any Teen Account you have opened (whereas references to your “personal account” do not include any linked Teen Account). References to any “balance” or “funds” in your TodayPay account includes funds held in any associated Teen Account, which you agree are owned by you.

Keep confidential any credentials used to access your TodayPay account and the TodayPay services. You must keep your phone number, email address and other contact information current in your TodayPay account profile.

• Closing a TodayPay Account

You may close your account and terminate your relationship with us without cost, but you will remain liable for all obligations related to your TodayPay account even after the TodayPay account is closed. Any incomplete transactions or transfers must be completed or canceled and you must transfer any funds from any personal or business profiles of your TodayPay account before closing it.  To the extent you have linked Teen Accounts, funds must be transferred out of the Teen Account before you can close your TodayPay account.  In certain cases, you may not close your TodayPay account, including:

1. 1. To evade an investigation.
   2. If you have a pending transaction or an open dispute or claim.
   3. If you owe amounts to us.
   4. If your TodayPay account is subject to a hold, limitation or reserve.

If your TodayPay account is closed for any reason, any business profile and any TodayPay Debit Card affiliated with your account will be canceled.

• Link or unlink a Payment Method

You can link or unlink certain payment methods such as a debit card, credit card, or a U.S. bank account to your TodayPay account. Please keep your payment method information current (e.g. credit card number and expiration date). If this information changes, we may update it using information and third party sources available to us without any action on your part. If you do not want us to update your card information, you may contact your issuer to request this or remove your payment method from your TodayPay account.

• Authorization to Charge your Payment Method

General authorization to charge your payment method

By linking a payment method to your TodayPay account, as described in the section Link or Unlink a Payment Method, you authorize us to charge such linked payment method for the payment amount and any applicable fees (a) whenever you choose such linked payment method to send funds or buy something using TodayPay, (b) in connection with any errors, claims, or disputes, and (c) for amounts you owe to us.

Authorization of specific transactions

Each time you make a withdrawal, or make a payment, as described in the section Making Payments, or buy something, as described in the section Buying Something from Authorized Merchants, you authorize us to charge the selected payment method or backup payment method for the payment amount and any applicable fees. If the amount of your transaction changes after checkout (for example, if the amount increases because you add another product or service like expedited delivery or if the amount decreases or is split because a portion of your order is canceled or delayed), you authorize us to charge the selected or backup payment method in the revised amount. If you have entered into an automatic payment agreement with a merchant seller, you authorize us to charge your selected payment method each time you make a purchase from the merchant seller, including via recurring or installment payments or any other future transactions scheduled in advance. If your selected payment method cannot be charged, you authorize us to charge the relevant backup payment method linked to your TodayPay account

Revoking your authorization

You can revoke our authority to charge a payment method by unlinking that payment method from your TodayPay account as described in the section Link or Unlink a Payment Method. Such revocation only applies to transactions that are initiated after you unlink the payment method. It does not affect our authority to charge the payment method for a transaction you have already authorized, including our authority to re-present a charge to the unlinked payment method or charge the unlinked payment method as a backup payment method if the original transaction occurred before you unlinked that payment method. Unlinking a payment method also does not revoke our authority to charge or credit the payment method in connection with an error, dispute, or claim with respect to a transaction initiated before you unlinked that payment method. If you have a payment method selected for a connected business or merchant seller, you may not be able to unlink that payment method until you select a different payment method in the merchant seller business website or app, or by updating the settings in your TodayPay app or by disconnecting the business as explained in the section Billing agreement payments and preauthorized payments. If there is a pending transaction with a merchant seller where you have authorized the transaction, but the merchant seller has not yet completed the transaction, you may not be able to unlink the payment method used until the transaction is completed or you select an alternative payment method.

• Using funds sent to you via TodayPay

To hold a TodayPay balance and use funds sent to you for TodayPay withdrawals, payments to other users or authorized merchant sellers, we must verify the required identifying information you provide to us. The required identifying information is:

1. 1. For a personal account or a business profile of an unincorporated business/sole proprietorship: name, physical address, date of birth, and social security or taxpayer identification number; or
   2. For a business profile of any other type of business legal entity: business name, business address, taxpayer identification number, and proof of business existence.

Until you verify the required identifying information, you will be able to receive funds into your TodayPay account, but you will only be able to transfer the funds you receive out of TodayPay to a linked bank account or debit card. You will also not be able to establish a Teen Account until we verify the required identifying information you provide to us.

• Receiving funds into Your TodayPay Account

If we have verified the required identifying information that you provide to us, TodayPay may offer you the ability to add funds to your TodayPay balance from a linked bank account, subject to the applicable fees found on the Fees page. Otherwise, you cannot add funds. Additionally, at TodayPay’s discretion, you may use the payment methods linked to your TodayPay account to fund transactions and you don’t need a TodayPay balance to send funds or buy something using your TodayPay account

• Withdrawing or Transferring Value out of Your TodayPay Account

Value in your TodayPay account may be transferred out of TodayPay by: 

1. 1. Transferring it via standard transfer to a bank account or an eligible debit card linked to your TodayPay account, subject to any applicable fees that may relevant now or in the future that can be found on the Fees page, or 
   2. Transferring it via Instant Transfer to an eligible debit card or bank account linked to your TodayPay account, subject to any applicable fees that may relevant now or in the future that can be found on the Fees page.
   3. Transferring it via standard transfer to receive a Gift Card, subject to any applicable fees that may be relevant now or in the future that can be found on the Fees page.
   4. Transferring it via standard transfer to receive a new withdrawal method that TodayPay may implement in the future at its discretion, subject to any applicable fees that may relevant now or in the future that can be found on the Fees page,

You can manage linked payment methods in the Payment Methods section of your TodayPay account settings. We may set limits on your bank transfers and debit card transfers, and you can view bank transfer and debit card transfers limits in the Settings of the TodayPay app, the Business Profile Payment and Transfer Limits page, and the Charity Profile Payment and Transfer Limits page, as applicable. The fees applicable to transferring funds out of TodayPay can be found on the Fees page. Fees and limits may change from time to time in our sole discretion. Funds in a Teen Account cannot be transferred to a linked bank account or debit card. funds in a Teen Account may be withdrawn using the Teen Debit Card at eligible Automated Teller Machines (“ATMs”), subject to any ATM fees and applicable withdrawal limits, or a Teen User may send it to your personal account so that you can then transfer it to an eligible bank account or debit card linked to your personal account.  

Bank transfer reviews 

We review account and transaction activity at various times, including when bank transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your TodayPay account activity and the activity of users with whom you (or a Teen User) have transacted comply with this agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your TodayPay account and access to the funds in it or that is sent to you (or a Teen User) until verification is completed. 

Reviews may result in: 

1. 1. delayed, blocked or canceled transfers; 
   2. funds or payments being held by us; 
   3. funds or payments being applied to amounts you owe to us or used to offset loss incurred by us; 
   4. account limitation, suspension or termination; 
   5. funds or payments being seized to comply with a court order, warrant or other legal process; and/or 
   6. funds or payments you previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the payment). 

Among other reasons, we may take the above actions if you (or a Teen User) knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised TodayPay account, or if you (or a Teen User) were a participant in a transaction for goods and services among personal accounts (and/or Teen Accounts). 

TODAYPAY SHOULD ONLY BE USED TO TRANSACT WITH PEOPLE YOU KNOW AND TRUST. DO NOT USE TODAYPAY TO TRANSACT WITH PEOPLE YOU DON’T KNOW, ESPECIALLY IF THE PAYMENT INVOLVES THE PURCHASE OR SALE OF A GOOD OR SERVICE. UNLESS TODAYPAY EXPRESSLY AUTHORIZES YOUR PAYMENT FOR A GOOD OR SERVICE, FOR EXAMPLE, WITHDRAWALS TO YOUR NOMINATED BANK ACCOUNT, TRANSACTIONS WITH AN AUTHORIZED MERCHANT OR BUSINESS PROFILE, TRANSACTIONS MADE WITH YOUR TODAYPAY DEBIT CARD OR TEEN DEBIT CARD, OR PAYMENTS THAT ARE IDENTIFIED AS FOR GOODS AND SERVICES, PAYING OR RECEIVING PAYMENT FOR A GOOD OR A SERVICE IS PROHIBITED. IF YOU OR A TEEN USER USE TODAYPAY TO CONDUCT SUCH A TRANSACTION AND WE LATER REVERSE THE PAYMENT (WHICH COULD OCCUR IF IT IS DETERMINED THAT THIS AGREEMENT WAS VIOLATED OR IF THE PAYMENT WAS MADE USING A COMPROMISED PAYMENT METHOD OR ACCOUNT), YOU OR A TEEN USER COULD LOSE BOTH THE UNDERLYING GOODS OR SERVICES AND THE FUNDS SENT FOR THEM.

• Account Statements

You have the right to receive account statements showing your TodayPay account activity. You may view your TodayPay account statements by logging into your TodayPay account on the TodayPay website.

• Making Payments

Using your personal or business profile, you can send funds to, or request funds from, a TodayPay user using the compose payments feature in your TodayPay account. Using your personal or business profile, you can also request funds from a TodayPay user by splitting certain purchases. They will have to accept any charge request before you are sent funds. When you accept a charge request sent by another TodayPay user, you will send them funds. Charity profiles may not send funds or charge requests to TodayPay users. Teen Users may send funds to or request funds from a TodayPay user using the compose payments feature, and the funds will be sent from or received into the Teen Account. At the discretion of TodayPay, features to send or request funds, may be disabled depending on the user profile and product features available, now or in the future.

• Payments with friends

You can send value to or request value from a friend using the Pay and Request feature in your TodayPay account (sometimes called “personal payments” or “peer-to-peer/P2P payments”). You can send value to, or request value, from a friend, even if they don’t have a TodayPay account at the time you send the payment or value transfer, using their email address or mobile number. If the friend does not have a TodayPay account, they can claim the payment by opening a TodayPay account. If they don’t claim any value or funds sent within 30 days of the date it is sent, the payment will be canceled and any funds (including any fees you were charged) will be sent back to you. Teen Users may send value to. or request value from a friend, and the value will be sent from or received into the Teen Account.

• Payments for goods and services

Payments for the sale of goods or services made using the Pay and Request feature in your TodayPay account must either be identified as for goods and services or sent to merchant seller business profiles. You may not send regularly recurring payments using the Pay and Request feature in your TodayPay account (for example, every month or otherwise on a routine billing cycle). Teen Users may use the Pay and Request feature to make payments for goods or services; however, Teen Accounts cannot be used to request or receive payments for goods and services.

Merchant sellers must keep appropriate transaction documentation and we may request such information to investigate claims made at  the request of TodayPay or TodayPay partner. If a merchant seller does not provide adequate documentation, or we determine, in our sole discretion, that a claim qualifies for dispute or reversal, TodayPay may initiate a refund to the originating account by reversing the payment from the merchant seller’s business account or vice versa, as explained further in section Refunds for Transactions.

• Donations

You (and Teen Users) can send donations to charity profiles on TodayPay. The receipt received from TodayPay is not a tax receipt. Charity profiles are responsible for sending tax receipts separately and TodayPay will share your email address (or the Teen User’s email address, if the Teen User has made the donation) with any charity profile to which you send a donation for tax receipt purposes. This product feature can be enabled or disabled at TodayPay’s sole discretion.

• Fees and limits

We may, at our discretion, impose limits on the amount and/or the number of payments and transfers you or a Teen User can send and receive. You can view any sending limit on our Settings page (which includes limits for Teen Accounts), as applicable. The fees applicable to receiving, withdrawing and sending funds or value in the account can be found on the Fees page. If a credit card is used as the payment method when sending funds, the card issuer may also charge a cash-advance fee. In order to manage risk, we may limit the payment methods available to make a payment. Fees and limits may change from time to time in our sole discretion.

• Buying Something from Authorized Merchants

How to buy something from an authorized merchant’s website, mobile app, or in-person:

You (and Teen Users) may have the ability to use TodayPay as a payment method at checkout at an authorized merchant's website or mobile app and can make in-person purchases with a QR code. An “authorized merchant” means a merchant that has been authorized by us to accept TodayPay as a payment method for purchases of goods and services through the merchant’s website, mobile app, or in-person by using a TodayPay QR code. This includes, for example, buying something online using your mobile phone through an authorized merchant’s website or mobile app and selecting TodayPay as your payment method at checkout, or buying something from an authorized merchant in-person by using a TodayPay QR code. 

Some merchants may require you to have a payment method linked to your TodayPay account in order to use TodayPay for purchases with the merchant.

In order to manage risk, we may limit the payment methods available for a transaction when you buy something from an authorized merchant.

When you authorize a payment to an authorized merchant, some merchants may take up to 30 days to complete the transaction. In these instances, your payment may appear as a pending transaction in your TodayPay account. In that case, your authorization of the payment will remain valid until the merchant completes the transaction and we may place a temporary hold on the funds in your TodayPay account for the payment amount (but no longer than 30 days). If you used a debit or credit card as the payment method, your debit or credit card issuer also may show a pending authorization for a period of time until they release the hold or receive a completed transaction.

If you use your TodayPay account to pay for an item and you select your bank account as the funding source for the transaction, remember that your TodayPay account is issued to you by TodayPay, Inc. and not your bank. The terms, benefits, and protections associated with your TodayPay account may vary from those that apply to your bank account. If you use your TodayPay account to make a purchase that exceeds the balance in your linked bank account, you could incur overdraft fees, even if you chose not to allow overdrafts with your bank. Similarly, the liability limits applicable to your TodayPay account may differ from those applicable to your bank account.

• Payment review

We review payments made with your TodayPay account at our discretion. When we identify a potentially high-risk payment to an authorized merchant, or potentially high-risk withdrawal from your TodayPay account, we review the transaction more closely before allowing it to proceed. When this happens, we will place a hold on the transaction and take further actions including but not limited to notifying the merchant to delay shipping of the item. As a buyer, this may delay receipt of the item purchased. If we clear the transaction, we will notify the merchant and direct them to ship the item. If we don’t clear the transaction, we will cancel it and return the funds to you, unless we are legally required to take other action including but not limited to holding funds in the TodayPay account until further notice.

• Billing agreement payments and preauthorized payments

You can agree with an authorized merchant to use TodayPay as the payment method for future payments with that merchant. This agreement is between you and the authorized merchant and allows the merchant to take payments from your TodayPay account with your authorization either on a one-time, regular or sporadic basis, depending on the type of billing agreement. A billing agreement may apply to a Teen Account, including for recurring payments. You agree that to the extent a Teen User enters into a billing agreement with an authorized merchant, it is entered into with your consent and that you are responsible for any amounts owed.

“Preauthorized payments” are a type of billing agreement that allow an authorized merchant to receive payments from your TodayPay account on a regularly recurring basis (for example, every month or otherwise on a routine billing cycle), and if such payments will vary in amount, the merchant must provide advance notice of the amount and date of the transfer at least 10 days before the transfer is made. If the merchant provides the option, you or a Teen User may choose to receive this advance notice only when the amount of the preauthorized payment will fall outside a range agreed to with the merchant.

A billing agreement may be canceled by reaching out to the authorized merchant directly, by disconnecting the merchant in your “Connected Businesses” page in the TodayPay app (Connected Merchants to Teen Accounts must be disconnected by the Teen User in the TodayPay app), or by calling TodayPay at (855) 812-4430. Preauthorized payments may be canceled up to 3 Business Days before the date of the next scheduled payment. If a billing agreement is canceled, you may still owe the merchant funds for the purchase or have additional obligations to the merchant for any goods or services that you or a Teen User receive but have not paid for.

• Refunds

When you buy something from an authorized merchant using TodayPay and the transaction is ultimately refunded, the funds will be sent back to you. Refunds for Teen Account transactions will be sent to the Teen Account. funds may not always be refunded to the payment method originally used.

• TodayPay Debit Card

As part of the TodayPay services, you may be offered the opportunity to apply for a TodayPay Visa® (referred to herein as “TodayPay Debit Card”) via a designated website or the TodayPay app. The TodayPay Debit Card is a debit card linked to your TodayPay account, funded by your TodayPay account balance and may be used everywhere Visa is accepted in the United States. If you are offered the opportunity to apply for the TodayPay Debit Card and proceed to apply, you will be subject to Pathward, N.A.’s approval criteria, which includes successful identity verification. If you are unable to pass Pathward, N.A.’s identity verification procedures, you will not be eligible to receive a TodayPay Debit Card. In addition, you may be subject to separate identity verification by us, and/or we may suspend or terminate your access to the TodayPay and/or TodayPay services.

For users with an approved TodayPay business or charity profile, please note that you may not link a TodayPay Debit Card to a business or charity profile, and funds in your business or charity profile cannot be used as a payment method for TodayPay Debit Card transactions. For users with a linked Teen Account, please note that funds in a Teen Account may only be accessed with a Teen Debit Card.

The TodayPay Debit Card is issued by Pathward, N.A., and your use of the card will be subject to Pathward, N.A.’s TodayPay Visa Cardholder Agreement as well this agreement. Please see the TodayPay Visa Cardholder Agreement for full terms and conditions applicable to the TodayPay Debit Card. In the event of any inconsistency between this Agreement and the TodayPay Visa Cardholder Agreement, the TodayPay Visa Cardholder Agreement shall govern your use (and any use by a Teen User) of the TodayPay Debit Card and your relationship with Pathward, N.A. to the extent of such conflict.

By applying for and using, or authorizing the use of the TodayPay Debit Card, you authorize us and Pathward, N.A. to share your TodayPay account and personal information with one another as necessary to provide TodayPay Debit Card related services. You further authorize us to use TodayPay Debit Card program related information provided by Pathward, N.A. to provide customer service, service your TodayPay account and/or TodayPay Debit Card, investigate and act on TodayPay account and/or TodayPay Debit Card related claims, as necessary to comply with applicable law, and as otherwise permitted by our Privacy Policy. By applying for and using or authorizing the use of the TodayPay Debit Card, you will also be subject to additional data sharing terms and conditions as provided for in the TodayPay Visa Cardholder Agreement.

We may add, change, suspend or eliminate any or all TodayPay Debit Card related features and services at any time, with or without notice, subject to applicable law. We may terminate your access and/or access of any Teen User to any or all TodayPay services, including the TodayPay Debit Card, in the event you or a Teen User violate the TodayPay Visa Cardholder Agreement or any agreement in force between you and us. If your TodayPay account is closed for any reason, any affiliated TodayPay Debit Card will be canceled.

• Teen Accounts

You may be offered the opportunity to open a Teen Account for a Teen User and apply for a TodayPay Debit Card linked to the Teen Account (the “Teen Debit Card”).

By applying for the Teen Debit Card, you authorize Pathward, N.A. to issue the Teen Debit Card to the Teen User as an authorized user. The Teen Debit Card may be used to access the funds held in the Teen Account and not any other funds in your TodayPay account. Use of the Teen Debit Card is subject to the TodayPay Visa Cardholder Agreement as well as this user agreement.

You are the owner of and responsible for all Teen Accounts and Teen Debit Cards that you open and authorize. All funds held in a Teen Account are owned by you, not the Teen User.

You can create and link up to five Teen Accounts for different Teen Users at any given time, subject to our discretion and you and your Teen User meeting eligibility requirements. Teen Users must be between 13 and 17 years old at the time of opening the Teen Account, and may continue to use the Teen Account after they turn 18 years old. A Teen User can only have one Teen Account.

To create a Teen Account, your TodayPay account must be in good standing. We may ask you for information to help verify your identity, including your name, date of birth, the last four digits of your Social Security number, and your address. We may also ask for information about the Teen User including name, date of birth, mailing address, phone number, and email address. You authorize the collection and use of the Teen User data to establish the Teen Account and provide the TodayPay services to you and the Teen User.

Funding a Teen Account

You can use your TodayPay Account to add funds to the balance of a linked Teen Account. Teen Accounts may also be eligible to enroll in and receive funds by Direct Deposit, subject to the restrictions in the Direct Deposit section.

As the owner of any Teen Account, you have the option to invite the Teen User to download and use the TodayPay app with the Teen Account under their own login and password. Teen Users with app access can send and receive personal payments from friends and family and add payment methods (such as a debit card, credit card, or a U.S. bank account) to the Teen Account to fund payments or purchases.

You cannot use your personal account to transfer value from the Teen Account balance to your personal account balance. Instead, the Teen User may send you value from the Teen Account through the TodayPay app or you may request value from the Teen Account using the Pay and Request feature.

Actions Your Teen User Can Take

You will receive a Teen Debit Card that your Teen User can use to spend the balance in the associated Teen Account or to withdraw cash at eligible ATMs, subject to any ATM fees and applicable withdrawal limits.

If app access is enabled, Teen Users can use the TodayPay app to view the Teen Account balance, request funds, send and receive personal payments, and purchase goods and services. Teen Users with TodayPay app access can also add payment methods to the Teen Account to fund payments or purchases. Funds cannot be transferred from the Teen Account balance to a linked bank account or debit card.

Teen Account Limitations and Restrictions

Teen Accounts are subject to the terms and conditions of this agreement and all limitations (including as provided on the Settings page). There can be only one Teen User per Teen Account, and sharing a Teen Account with other users is not permitted. If we restrict, suspend, or otherwise limit a Teen Account, we reserve the right to also restrict your personal account and any other linked Teen Accounts. Similarly, if your personal account is restricted we may restrict any or all associated Teen Accounts.

Teen Accounts cannot receive payments for goods and services, create a business profile or charity profile, and they cannot be used to buy, sell, or hold cryptocurrencies. Teen Accounts will also be restricted from transacting with certain merchants and/or merchant categories, and we reserve the right to add further restrictions to, or close, Teen Accounts in our sole discretion.

Your Responsibilities and Actions You Can Take

You can view and monitor the Teen Account balance and transaction activity from your TodayPay app. You will also have access to account statements for Teen Accounts. Payments made by Teen Accounts and Friends Lists of Teen Accounts will be set to private by default, as described in Sharing Transactions, but you can change the Teen Account’s privacy settings.

Through the TodayPay app, you can lock or unlock a Teen Debit Card. You can also contact us to close a Teen Account. If you close a Teen Account, we will transfer any funds in the Teen Account balance to your personal account, subject to any holds or limitations.

As the owner of any Teen Account, you are responsible and liable for any and all activity of the Teen Account, Teen Users, and the Teen Debit Card. By creating a Teen Account, you authorize the Teen User to complete transactions using the Teen Account (including any associated Teen Debit Card) on your behalf, subject to the fees, limitations, and conditions set forth in this user agreement.

By opening a Teen Account, you agree that the Teen User is authorized to use any payment method linked to the Teen Account, and that you are responsible for any fees incurred in connection with a linked payment method (including overdraft or cash advance fees charged by the applicable bank or card issuer).Further, you authorize all transactions, approvals, purchases and other activity conducted by a Teen User as if such transactions were made directly by you. This does not affect your ability, or right, to dispute fraudulent transactions.

If your Teen User violates this user agreement, you are responsible for the violation. Similarly, if the Teen User allows someone else to use the Teen Account or the associated Teen Debit Card, you agree that you are responsible for the transactions and actions by that third person (including those that exceed the authority granted to the third person).

You are responsible for providing an accurate date of birth for any Teen User and keeping any addresses up to date. The Teen Account is not intended for children under the age of 13. If we obtain actual knowledge that we have collected personal information from a child under the age of 13, we will promptly delete it, unless we are legally obligated to retain such data. Contact us if you believe that we have mistakenly or unintentionally collected information regarding a child under the age of 13.

Disputes, Claims, Refunds

You are responsible for notifying us of any suspected Unauthorized Transactions, problems, or errors on a Teen Account, as described in the sections below. You are also responsible for filing and responding to any claims or disputes on behalf of the Teen Account, such as TodayPay Purchase Protection Claims. The Teen User will not have access to or be able to file or respond to claims or disputes in the TodayPay app. If we owe a refund in connection with activity on a Teen Account, we will credit the refund to the Teen Account.

Disputes and refunds related to a Teen Account may impact your TodayPay account balance. If we are owed funds in connection with a Teen Account, we will try to recover the amount owed from the Teen Account balance. If the Teen Account balance does not cover the payment amount due, plus any fees, payment will be taken from your personal account balance. If the balances do not cover the amount due, your personal account will have a negative balance and we will restrict your Teen Accounts from sending funds, except into your personal account, until your negative balance is resolved. We also reserve the right to take the actions described under Amounts Owed to Us, including limiting your personal account until the negative balance is resolved.

• TodayPay Credit Card

As part of the TodayPay services, you may be offered the opportunity to apply for a TodayPay Visa® Credit Card and a TodayPay Visa® Credit Card (referred to herein as “TodayPay Credit Card”) via the TodayPay app. In order to be eligible for the offer and to apply for a TodayPay Credit Card, you must be the owner of the TodayPay account, and the TodayPay account must have been open for at least 30 days prior to application and be in good standing. If your application is approved, your TodayPay Credit Card will be linked to your TodayPay account.

The TodayPay Credit Card is issued by Pathward, N.A. and your use of the card account will be subject to terms of the TodayPay Visa® Credit Card Account Agreement or the TodayPay Visa® Credit Card Account Agreement, as applicable (referred to herein as “TodayPay Credit Card Account Agreement”). VISA is a registered trademark of Visa International Service Association and used under license.

By applying for and using the TodayPay Credit Card, you authorize us and Pathward, N.A. to share your TodayPay account and personal information with one another as necessary to provide TodayPay Credit Card related services. You further authorize us to use TodayPay Credit Card program related information provided by Pathward, N.A. to provide customer service, service your TodayPay account and/or TodayPay Credit Card, investigate and act on TodayPay account and/or TodayPay Credit Card related claims, as necessary to comply with applicable law, and as otherwise permitted by our Privacy Policy. By applying for and using the TodayPay Credit Card, you will also be subject to additional data sharing terms and conditions as provided for in the Synchrony Bank Privacy Policy for TodayPay Visa® Credit Card and the TodayPay Credit Card Account Agreement.

When the TodayPay Credit Card is used to send funds to another TodayPay user through your TodayPay account, the transaction will be treated as a purchase in accordance with the terms of the TodayPay Credit Card Account Agreement.

• Using TodayPay as a Payment Method

The transaction type, among other factors, determines when and how we use your preferred payment method, as explained on Payment Methods. You can manage payment methods in the Payment Methods section of your TodayPay account settings.

Bank account transfers

When a bank account is used as a payment method, you are allowing us to initiate a transfer from, or to, that bank account. For these transactions, we will make electronic transfers from the bank account in the amount authorized. You authorize us to try this transfer again if the initial transfer is rejected by the bank for any reason.

IF YOU OR A TEEN USER DON’T HAVE A TODAYPAY BALANCE OR IT DOESN’T COVER A TODAYPAY PAYMENT, YOU SHOULD CONFIRM THAT THE BANK ACCOUNT LINKED TO YOUR TODAYPAY ACCOUNT (OR THE TEEN ACCOUNT, AS APPLICABLE) CONTAINS FUNDS SUFFICIENT TO COVER THE PAYMENT BEFORE MAKING THE PAYMENT, IF FUNDED BY THE BANK ACCOUNT. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES THE FINANCIAL INSTITUTION MAY CHARGE.

Debit card processing

TodayPay will process debit or prepaid card funded transactions through either the ATM debit network or the Visa, MasterCard or Discover network.

• Partner Services:
  • Your Account to Card transactions may be processed by Astra, Inc. By using such redemption methods, you agree to Astra's terms and privacy policy.
• Refunds, Reversals and Chargebacks

When you or a Teen User buys something from a merchant seller on TodayPay using the "Pay and Request" feature in your TodayPay account, either by sending a payment to a business profile or identifying it as for goods and services, and the transaction is refunded, the funds will be sent back to your personal account or, as applicable, the Teen Account. funds may not always be refunded to the payment method originally used.

If you receive a payment through a business profile or for otherwise selling goods and services(such as when a sender identifies a payment as for goods and services) and that payment is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fees below).

If you refund a transaction, we'll retain the fees you paid as set out on our Fees page.

In the event of a successful claim under the TodayPay Debit Card Program, we will initiate the refund process. The amount of the refund will be deducted from the profile that received the payment. If the balance in that profile does not cover the payment amount due, plus the fees, this will result in a negative balance, which you owe to us. In that situation, we may use any of the payment methods linked to your profile to cover the amount due. If the payment methods linked to your profile do not cover the amount due, you must immediately add funds to resolve the negative balance. If you don’t, we will take any or all actions as outlined under Amounts Owed to Us.

            Payments that are invalidated and reversed

Payments may be invalidated and reversed by us if, among other reasons, we sent the payment to your TodayPay account in error, the funding transaction is declined or reversed, the payment was unauthorized or unfunded, or if the payment was for activities that violated this user agreement or any other agreement with us. If you or a Teen User send or receive a payment that is later invalidated for any reason, you may be liable to us for the full amount of the payment and we may recover the amount of the payment (plus any fees) from you (including from the balance of a Teen Account). We may recover the amount of the payment from either the sender or the recipient of an invalidated payment in our discretion (subject to applicable law). For example, if you send a payment funded by a bank account and the bank informs us it cannot cover the payment due to a lack of funds or a dispute, we may hold you liable for the payment, or if you were the recipient of that payment, we may reverse that payment from your TodayPay account to cover the liability.

When recovering the amount of an invalidated payment from you, we may apply any funds sent to you on TodayPay account, request that you add funds to your TodayPay account for the payment amount and apply that funds to amounts owed, and/or we may:

1. 1. engage in collection efforts to recover such amounts from you;
   2. take any or all action as outlined under Amounts Owed to Us; and
   3. place a limitation or take other action on your TodayPay account as outlined under Restricted Activities and Holds and Limitations.

If we invalidate a payment because the card issuer or originating bank declined or reversed the transaction, then you may be liable for the payment even if you disagree with the decision of the card issuer or originating bank to decline or reverse the payment. If you believe that a payment initiated with your TodayPay account was not authorized, then you must notify us immediately, even if you (or someone else) disputes the transaction with the card issuer or originating bank. Please see below under the heading Reporting an Unauthorized Transaction for information about how to notify us. If you fail to report the unauthorized activity directly to us, then we may recover the amount of the reversed payment from you, as described above.

Chargeback fees

If you receive a debit or credit funded payment in your personal or business profile or that is identified as for goods and services and the buyer pursues a chargeback for the transaction with their card issuer, we may assess a chargeback fee and pass that on to you for payment and collection at our sole discretion.

• Restricted Activities

In connection with your or a Teen User’s use of our websites, a TodayPay account, the TodayPay services, or in the course of your or a Teen User’s interactions with us, other customers, or third parties, you must not (and are responsible for ensuring any Teen User does not): 

1. 1. Breach this user agreement, the Acceptable Use Policy, or any other agreement between you and us; 
   2. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
   3. Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
   4. Use your personal account or a Teen Account to conduct transactions for goods or services with other personal accounts or Teen Accounts, except as expressly authorized by TodayPay;
   5. Create or control more than one personal account for yourself without our express authorization, through, among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information;
   6. Act in a manner that is defamatory, trade libelous, threatening or harassing;
   7. Provide false, inaccurate or misleading information;
   8. Send or receive what we reasonably believe to be potentially fraudulent funds or payments for advertising, marketing, or otherwise on an unsolicited and unauthorized basis;
   9. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
   10. Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both us and the recipient of a payment, bank or card issuer for the same transaction;
   11. Control an account that is linked to another TodayPay or TodayPay account that has engaged in any of these restricted activities;
   12. Use the TodayPay services in a manner that results in or may result in:
   13. Complaints.
   14. disputes; claims, reversals, chargebacks,
   15. fees, fines, penalties or other liability or losses to TodayPay or TodayPay, other customers, third parties or you;
   16. Use a TodayPay account or the TodayPay services in a manner that we, Visa, Visa, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules, or for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;
   17. Have any amounts owed to us;
   18. Provide yourself a cash advance from your credit card (or help others to do so);
   19. Access the TodayPay services from outside the United States;
   20. Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the TodayPay services) operated by us or on our behalf or the TodayPay services;
   21. Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or TodayPay services;
   22. Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;
   23. Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the TodayPay services) operated by us or on our behalf, any of the TodayPay services or other users’ use of any of the TodayPay services;
   24. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;
   25. Use the TodayPay services to test credit card behaviors, or make excessive or unexplainable transactions;
   26. Circumvent any of our policies or determinations about your TodayPay account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional TodayPay account(s) when you have amounts owed to us or when your TodayPay account has been restricted, suspended or otherwise limited; opening new or additional TodayPay accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s TodayPay account; or
   27. Harass and/or threaten our employees, agents, or other users.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you or a Teen User has engaged in any restricted activities, we may take a number of actions to protect ourselves, our customers and others at any time, at our sole discretion. The actions we may take include, but are not limited to, the following: 

1. 1. Terminate this user agreement, limit your TodayPay and/or TodayPay account, and/or close or suspend your TodayPay and/or TodayPay account, including canceling your TodayPay Debit Card (if any) and/or closing, suspending, or limiting any connected Teen Accounts, immediately and without penalty to us;
   2. Refuse to provide the TodayPay or TodayPay services to you or a Teen User in the future;
   3. Limit your and/or a Teen User’s access to our websites, software, systems (including any networks and servers used to provide any of the TodayPay or TodayPay services) operated by us or on our behalf, your TodayPay or TodayPay account or any of the TodayPay or TodayPay services, including limiting your or a Teen User’s ability to pay or send funds with any of the payment methods linked to your TodayPay or TodayPay account, restricting your or a Teen User’s ability to send funds or make bank transfers;
   4. Hold funds in your TodayPay account for up to 180 days if reasonably needed to protect against the risk of liability or if you or any Teen User has have violated our Acceptable Use Policy;
   5. Suspend your or a Teen User’s eligibility for the TodayPay Purchase Protection Program and/or TodayPay's Purchase Protection or merchant seller Protection Programs;
   6. Update inaccurate information provided to us;
   7. Take legal action against you; or
   8. If you or a Teen User has violated our Acceptable Use Policy, then you’re also responsible for damages to us caused by your or a Teen User’s violation of this policy. 
   9. If we close your TodayPay account or terminate your or a Teen User’s use of the TodayPay services for any reason, we’ll provide you with notice of our actions and make any unrestricted funds held in your TodayPay account or that has been sent to you available for bank transfers. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us, any customer, or a third party caused by or arising out of your breach of this agreement, and/or your or a Teen User’s use of the TodayPay services. For example, if you or a Teen User send a payment funded by a linked bank account and the bank informs us there are not sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you or a Teen User receive a payment and the payment is disputed, you may be liable for the payment. 

• Holds and Limitations

What are holds and limitations?

Under certain circumstances, in order to protect TodayPay and the security and integrity of the network that uses the TodayPay services, TodayPay may, in its sole discretion, take account-level or transaction-level actions. A hold may be placed on your TodayPay account, including any associated business or personal profiles.

Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of TodayPay, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your TodayPay account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

Holds

A hold is an action that TodayPay may take under certain circumstances either at the transaction level or the account level. When TodayPay places a temporary hold on a transaction, the funds are not available to either the sender or the recipient. TodayPay reviews many factors before placing a hold on a transaction, including: account tenure, transaction activity, fraud risk and past disputes.

Holds based on TodayPay’s risk decisions

We may place a hold on transactions involving your TodayPay account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your TodayPay account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a hold based on a number of factors, including information available to us from both internal sources and third parties.

Risk-based holds may remain in place for up to 180 days from the date the transaction was made. We may release the hold earlier under certain circumstances, but any earlier release is at our sole discretion.

Account Limitations

Limitations may be placed on your account to help protect TodayPay and TodayPay users when we notice restricted activities or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your TodayPay account open.  There are several reasons why your TodayPay account could be limited, including:

1. 1. If we suspect someone could be using your TodayPay account without your knowledge, we’ll limit it for your protection and look into the unusual activity.
   2. If another financial institution alerts us that someone has used one of your linked payment methods without permission.
   3. In order to comply with the law.
   4. If we reasonably believe you have breached this agreement or violated the Acceptable Use Policy or Content Standards.

You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect us, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

• Court Orders, Regulatory Requirements or Other Legal Process

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you or a Teen User, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your TodayPay account, placing a hold or limitation on your TodayPay account, or releasing the funds. We will decide, in our sole discretion, which action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you, a Teen User, or your TodayPay account. When we implement a hold or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold or limitation may remain in place longer than 180 days.

• Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your TodayPay account, you should regularly log into your TodayPay account and review your TodayPay account statement, including any Teen Account statement. We will notify you of each transaction by sending an email to your primary email address on file and/or creating a story in your feed, depending on your preferences. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

We will protect you from unauthorized activity in your TodayPay account. The following terms and conditions apply with respect to all TodayPay services, other than those associated with the TodayPay Debit Card, Teen Debit Card, or TodayPay Credit Card. For resolution procedures for unauthorized transactions and other errors associated with your use of the TodayPay Debit Card or TodayPay Credit Card or a Teen User’s use of the Teen Debit Card, please see the TodayPay Visa Cardholder Agreement or the TodayPay Visa® Credit Card Account Agreement. When the below protection applies, we will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below.

What is an Unauthorized Transaction

An “Unauthorized Transaction” occurs when funds are sent from your TodayPay account that you or a Teen User did not authorize and that did not benefit you or a Teen User. For example, if someone steals or fraudulently obtains your password, uses the password to access your TodayPay account, and sends a payment from your TodayPay account, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

• • If you or a Teen User grant authority to someone to use your TodayPay account (by giving them the login information) and they exceed the authority you or a Teen User gave them. You are responsible for transactions made in this situation unless you have previously notified us that you no longer authorize transfers by that individual.
  • Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.

Reporting an Unauthorized Transaction

If you believe your or your Teen User’s TodayPay login information has been lost or stolen, please contact TodayPay customer service immediately by emailing us at errorresolution@todaypay.me or by mail: TodayPay, Inc., Attn: Error Resolution Dept, P.O. Box 430, Little Silver, NJ 07739, USA.

Tell us AT ONCE if you believe that an electronic fund transfer has been made without your or your Teen User’s permission using your respective login information or by other means, or if your or your Teen User’s TodayPay-activated mobile phone has been lost, stolen, or deactivated. You could lose all the funds in your TodayPay account. If you tell us within 60 days after we provide you your TodayPay account statement showing transfers you or your Teen User did not make, you will be eligible for 100% protection for Unauthorized Transactions. For suspected Unauthorized Transactions on Teen Accounts, you must report these to us following the instructions above.

Also, if your TodayPay account statement or Teen Account statement shows transfers that you or a Teen User did not make, including those made with your (or a Teen User’s) TodayPay login information or by other means, tell us at once. If you do not tell us within 60 days after we provided the statement to you, you may not get back any funds lost after the 60 days if we can prove that we could have stopped someone from taking the funds if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.

Filing a chargeback or reversal with your financial institution related to a TodayPay payment does not constitute notice of an Unauthorized Transaction to us. You must contact us directly to notify us of Unauthorized Transactions by emailing us at errorresolution@todaypay.me or by mail: TodayPay, Inc., Attn: Error Resolution Dept, P.O. Box 430, Little Silver, NJ 07739, USA.

• Error Resolution

What is an error

An “error” means the following:

1. 1. When funds are either incorrectly withdrawn or taken from your TodayPay account or incorrectly placed into your TodayPay account, or when a transaction is incorrectly recorded in your TodayPay account.
   2. You or a Teen User send a payment and the incorrect amount is debited from your TodayPay account.
   3. An incorrect amount is credited to your TodayPay account.
   4. A transaction is missing from or not properly identified in the account statement.
   5. We make a computational or mathematical error related to your TodayPay account.

What is not considered an error

The following are NOT considered errors:

1. 1. If you give someone authority to access your TodayPay account (for example, by giving them your login information) and they exceed their authority. You are responsible for transactions made in this situation.

If a Teen User gives a third-party authority to access a Teen Account (for example, by giving the third party the Teen User’s login information) and the third-party exceeds their authority, you are responsible for transactions made in this situation.

1. 1. Invalidation and reversal of a payment as a result of the actions described under Refunds, Reversals and Chargebacks.
   2. You request a receipt or periodic statement documents that we are required to provide to you.
   3. Routine inquiries about funds in your TodayPay account or the status of a pending transfer to or from your TodayPay account, unless you expressly notify us of an error in connection with the transfer.
   4. Requests for duplicate documentation or other information for tax or other recordkeeping purposes.
   5. Claims under the TodayPay Purchase Protection Program.

In case of errors or questions about your electronic transfers

Contact us by emailing at errorresolution@todaypay.me or by mail: TodayPay, Inc., Attn: Error Resolution Dept, P.O. Box 430, Little Silver, NJ 07739, USA.

Notify us as soon as you can if you think the statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. For problems or errors on Teen Accounts, you must report these to us following these instructions.

Filing a chargeback or reversal with your financial institution related to a TodayPay payment does not constitute notice of an error to us. You must contact us directly to notify us of errors. When you notify us:

1. 1. Tell us your name and account number (if any).
   2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
   3. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.

We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your TodayPay account within 10 Business Days for the amount you think is in error and will notify you within 2 Business Days of the credit, so that you will have the use of the funds during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your TodayPay account.

For errors involving new TodayPay accounts or point-of-sale transactions, we may take up to 90 days to investigate your complaint or question. For new TodayPay accounts, we may take up to 20 Business Days to credit your TodayPay account for the amount you think is in error.

We will tell you the results within 3 Business Days after completing our investigation.

If we determine that there was an error, we will promptly credit the full amount of the error into your TodayPay account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.

If we decide that there was no error, we will send you a written explanation, and, if you received a provisional credit, after giving you 5 Business Days advance notice of the date and amount of the debit, we will remove it from your TodayPay account. You may ask for copies of the documents that we used in our investigation.

Processing Errors

We will rectify any processing error that we discover. If the error results in:

1. 1. You or a Teen User receives less than the correct amount to which you were entitled, then we will credit your TodayPay account for the difference between what you should have received and what you actually received.
   2. You or a Teen User receives more than the correct amount to which you were entitled, then we will debit your TodayPay account for the difference between what you actually received and what you should have received.
   3. Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:

1. 1. 1. through no fault of ours, you or a Teen User did not have enough available funds to complete the transaction;
      2. our system was not working properly and you or your Teen User knew about the breakdown when you or your Teen User started the transaction; or
      3. the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.

Processing errors are not:

1. 1. Delays that result from us applying holds or limitations.
   2. Delays based on a payment review or bank transfer review.
   3. Delays described under How to buy something related to the time it may take for a purchase transaction to be completed in some situations.
   4. Your or a Teen User’s errors in making a transaction (for example, mistyping an amount of funds that you are sending).

• Communications Between You and Us

By providing us your mobile phone number and opting in to receive text messages, you agree that we, including our affiliates, may contact you at that number using autodialed or prerecorded message calls or text messages to: (i) service your TodayPay branded accounts, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. By providing us a mobile phone number for a Teen Account and opting in to receive text messages, you are indicating that you are the owner of that mobile number and you are agreeing that we, including our affiliates, may contact that number using autodialed or prerecorded message calls or text messages to service the Teen Account. We will not use a Teen User’s number for marketing purposes. You do not have to agree to receive autodialed or prerecorded message calls or texts to your mobile phone number or a Teen User’s mobile number in order to use and enjoy the products and services offered by TodayPay. You (or a Teen User) can decline to receive autodialed or prerecorded message calls or texts to the mobile phone number by replying STOP to a message from the phone number you wish to be opted-out from such messages or by sending an email to ContactOptOut@TodayPay.me from the email associated with the account with the following message:

Please do not contact my phone with autodialed or prerecorded message calls or text messages.

To opt-out a Teen Account from autodialed or prerecorded message calls or texts through email, the message must come from the Teen User’s email address that is associated with the account.

This will ensure that you or a Teen User will not be contacted by TodayPay or on behalf of TodayPay with autodialed or prerecorded message calls or text messages. Text HELP to a message for assistance and more information. Message and data rates may apply. The frequency of messages may vary, and standard telephone minute and text charges may apply. Neither we nor your phone carriers are liable for delayed or undelivered messages. Please review our Privacy Statement in order to better understand our commitment to maintaining your and your Teen Users privacy, as well as our use and disclosure of your or your Teen User’s information. We may share the mobile phone number(s) you provide to us with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number or the mobile phone number associated with a Teen User’s account with third parties for their own purposes without your consent. We may communicate with you and any Teen User about your TodayPay account (or Teen Account) and the TodayPay services electronically as described in our Consent to Receive Electronic Disclosures. You or your Teen User will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it. You or a Teen User will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it.

Unless you’re communicating with us about a matter where we’ve specified another notice address (for example, our Protection from Unauthorized Transactions process), written notices must be sent by postal mail to: TodayPay, Inc., Attn: Legal Dept, Re: TodayPay Opt-Out Notice, P.O. Box 430, Little Silver, NJ 07739, USA. For Teen Accounts, you (rather than the Teen User) must contact us. You understand and agree that, to the extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf regarding your TodayPay account has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

• Consent to Receive Electronic Disclosures

By accepting this Consent as indicated below, you, the person or entity applying for a TodayPay account, consent to receive and view disclosures, notices, statements and other communications (collectively, “Disclosures”) from TodayPay, Inc. ("TodayPay" or "we") relating to your eligible TodayPay accounts (“Account(s)”) electronically by any of the following means:

1. 1. Text to your mobile phone number (which may include a link to a new Disclosure on the TodayPay website (“Website”),
   2. To your email (or social media network),or
   3. Notifications from or postings on our Web or mobile application (“Application”).

Delivery by any of these means will constitute proper notice to you under applicable law. You acknowledge that Disclosures will include, but may not be limited to, the following:

1. 1. The TodayPay Website, Privacy Policy, and the User Agreement (“Policies and Agreements”);
   2. Disclosures and/or amendments we may provide you under our Policies and Agreements;
   3. Balance, activity and any other information on your Account(s),
   4. Periodic statements, receipts, confirmations, authorizations and transaction history for your Account(s);
   5. Disclosures regarding the resolution of any claimed error on your periodic statements;
   6. Year-end tax statements we are required to make available to you (“Tax Forms”); and
   7. Disclosures required or permitted by law or regulation.

Your Right to Revoke Consent. Your consent is effective until further notice by us or until you revoke your consent to receive electronic Disclosures. You may revoke your consent to receive electronic Disclosures at any time either by emailing us at communication@todaypay.me or submitting your request in writing to: TodayPay Inc., Attn: Legal Dept, P.O. Box 430, Little Silver, NJ 07739, USA. 

If you do not consent or if you withdraw your consent, we reserve the right to refuse to accept your Account application, to cancel your Account, place your Account on inactive status, or to provide a paper copy of Disclosures. If you request a paper copy of a Disclosure within 180 days of the date of the Disclosure and we elect to send you a paper copy, we will waive our standard Disclosure Request Fee for the first two requests. After that, any additional Disclosure Requests may be subject to fees. We will only provide paper copies upon your request if your current mailing address is in your Account profile.

System Requirements.  In order to receive Disclosures, whether by text or email, you need to have a means of printing or storing them. So, in addition to having and email address and phone number you must have the following:

1. 1. Computer or mobile device with Internet connection;
   2. A current web browser with cookies enabled;
   3. A valid email address on file in your Account profile;
   4. Ability to store or print the Disclosures; and
   5. if you use a spam blocker, you must add no-reply@todaypay.me to your email address book or whitelist

We reserve the right to change these System Requirements and will provide you with a Disclosure when we make a material change to the System Requirements.

Tax Forms will be available for at least 2 years from the date they are posted. You may print or save a copy of Tax Forms for your records as they may not be accessible online at a later date.

Receiving Texts and Emails. In order to receive Disclosures, you must ensure that the primary mobile phone and/or email address that you provide us is your valid, current phone number or email address, and you are able to receive at that address texts or email messages containing Disclosures including attached electronic documents and that such Disclosures, including portions that are attached documents are available for viewing and storing or printing by you. You agree to promptly update your email address by updating your Account profile if your email address changes. You acknowledge that our ability to notify you of the availability of your Disclosures is contingent on the validity of mobile phone number and email address in our records. If your mobile phone or email address is no longer valid, we reserve the right to determine your Account is inactive or take other actions as set forth in the User Agreement. You will not be able to conduct any transactions in your Account until you update your mobile phone or email address in your Account profile.

Year-End Tax Forms.  Disclosures include certain Tax Forms, including, but not limited to, Forms 1099-K, B, C, and MISC. Your consent to receive Disclosures electronically applies to Tax Forms furnished every year after consent is given until you withdraw your consent. You may withdraw your consent to receive Tax Forms electronically by contacting us as described above. You will continue to receive all your other Disclosures electronically, but we will send your Tax Forms to you by U.S. mail. If, after you consent to receive Disclosures electronically, you would like a paper copy of a Tax Form we previously sent you, you may request a copy within 180 days of the date we provided the Tax Form to you by contacting us as described above. We will send your paper copy to your current street address by U.S. mail.

Reservation of Rights. We reserve the right to provide you with any Disclosure in writing, rather than electronically, or to withdraw the right to receive Disclosures electronically at any time. You agree to maintain on file with us your current street address and to promptly update your address in the event it changes by updating your Account profile. Although we may waive our fee for delivery of paper Disclosures, we reserve the right to charge the Disclosure Request Fee and to increase this fee in our discretion.

Print Disclosures. We recommend that you print a copy of this Consent and any Disclosure that you view electronically for your records as the Disclosure may not be accessible online at a later date.

Your Consent. By clicking on the “Next” or “Sign Up” button in the TodayPay sign up flow, which you adopt as your electronic signature, you agree that (i) we may provide Disclosures to you electronically, on the terms and conditions set forth in this Consent, (ii) the consent shall last until you revoke your consent, and (iii) you meet the System Requirements specified above. If you do not wish to receive Disclosures electronically, you will not be able to open an Account.

General. You understand and agree that we are responsible for sending the Disclosures to you electronically by email or text to the address in your Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the email or text notices and whether or not you choose to view the Disclosure, subject to your right to revoke your consent to receive Disclosures electronically.

Contact Us. Except as otherwise provided by law or other agreement between you and us, you may provide us with notices regarding your Accounts by emailing us at communication@todaypay.me or submitting your request in writing to: TodayPay, Inc., Attn: Legal Dept, P.O. Box 430, Little Silver, NJ 07739, USA. 

• Acceptable Use Policy

You are independently responsible for complying with all applicable laws in all of your actions related to your use of TodayPay's services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy. Violation of this Acceptable Use Policy constitutes a violation of the TodayPay User Agreement. 

Prohibited Activities

You may not use the TodayPay service for activities that:

1. 1. violate any law, statute, ordinance or regulation.
   2. relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
   3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (g) involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption.
   4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
   5. relate to transactions involving any activity that requires pre-approval without having obtained said approval.

Activities Requiring Approval

TodayPay requires pre-approval to accept payments for certain services as detailed in the chart below.

• Violations of the Acceptable Use Policy

We encourage you to report violations of this Acceptable Use Policy to TodayPay immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, or wish to file a report, you can do so by emailing acceptableuse@todaypay.me.

• Our Rights

Our suspension and termination rights

We, in our sole discretion, reserve the right to suspend or terminate this user agreement, your or a Teen User’s access to or use of our websites, software, systems (including any networks and servers used to provide any of the TodayPay services) operated by us or on our behalf or some or all of the TodayPay services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted funds being held for you.

Security interest

As security for the performance of your obligations under this user agreement, you grant to us a lien on, and security interest in and to, funds in your TodayPay account and any other funds held in our possession.

Amounts owed to us

We may deduct amounts owed to us, in whole or in part, from funds that are sent to your TodayPay account later, either by you or a Teen User or from payments sent to you or a Teen User. While you owe amounts to us, we may:

1. 1. reverse payments you or a Teen User has sent;
   2. engage in collection and other efforts to recover such amounts from you, including, but not limited to, making attempts on your linked payment methods to cover the amounts; and
   3. place a limitation or take other action on your TodayPay account as outlined under Restricted Activities and Holds.

If you have more than one TodayPay account, including any associated Teen Accounts, even if you have those accounts without our authorization and in breach of this agreement, we may set off amounts owed to us in one TodayPay account against funds in or funds sent to your other TodayPay account(s). If you continue using your TodayPay account when you have amounts owed to us, you authorize us to combine amounts owed to us with any debit or transaction sent from your TodayPay account.

In addition to the above, if you or a Teen User has a past due amount owed to us, including our affiliates, we may debit your TodayPay account or accounts held at our affiliates or various products to pay any amounts that are past due. This includes accounts and amounts owed by using our various products such as TodayPay, Xoom or Braintree.

IF YOU HAVE AMOUNTS PAST DUE, YOU SHOULD CONFIRM THAT LINKED PAYMENT METHODS CONTAIN FUNDS SUFFICIENT TO COVER ANY AMOUNTS PAST DUE. THIS WILL HELP YOU AVOID OVERDRAFT OR OTHER FEES YOUR FINANCIAL INSTITUTIONS MAY CHARGE.

• Insolvency proceedings

If any proceeding by or against you or a Teen User is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this agreement.

• Assumption of rights

If we invalidate and reverse a payment that you or a Teen User made to a recipient (either at your initiative or otherwise), you agree that we assume your or a Teen User's rights against the recipient and third parties related to the payment and may pursue those rights directly or on your or a Teen User's behalf, in our discretion.

• No waiver

Our failure to act with respect to a breach of any of your or a Teen User’s obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

• Indemnification and Limitation of Liability

In this section, we use the term “TodayPay” to refer to TodayPay, Inc., our parent company, and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

Indemnification

You must indemnify TodayPay for actions related to your TodayPay account and your and any Teen User's use of the TodayPay services. You agree to defend, indemnify and hold TodayPay harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your or a Teen User’s improper use of the TodayPay services, your or a Teen User’s violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you or a Teen User grant permissions to use your TodayPay account or access our websites, software, systems (including any networks and servers used to provide any of the TodayPay services) operated by us or on our behalf, or any of the TodayPay services on your behalf.

Limitation of liability

TodayPay's liability is limited with respect to your TodayPay account and your (or a Teen User’s) use of the TodayPay services. In no event shall TodayPay be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the TodayPay services) operated by us or on our behalf, any of the TodayPay services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, TodayPay is not liable, and you agree not to hold TodayPay responsible, for any damages or losses (including, but not limited to, loss of funds, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your or a Teen User’s use of, or inability to use, our websites, software, systems (including any networks and servers used to provide any of the TodayPay services) operated by us or on our behalf, or any of the TodayPay services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the TodayPay services) operated by us or on our behalf and any of the TodayPay services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the TodayPay services) operated by us or on our behalf or any of the TodayPay services or any website or service linked to our websites, software or any of the TodayPay services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the TodayPay services) operated by us or on our behalf or any of the TodayPay services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your TodayPay account; or (7) your or a Teen User’s need to modify practices, content, or behavior, or your or a Teen User’s loss of or inability to do business, as a result of changes to this user agreement or our policies.

• Disclaimer of Warranty and Release

No warranty

The TodayPay services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

We do not have any control over the products or services provided by merchant sellers who accept TodayPay as a payment method, and we cannot ensure that a TodayPay user or a merchant seller you or a Teen User are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted or secure access to any part of the TodayPay services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the TodayPay services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because the TodayPay services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply.

Your Release of Us

If you or a Teen User have a dispute with any other TodayPay account holder (or Teen User), you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

• Content Posted by Users

When using TodayPay's products and services, you or a Teen User may have the ability to post content (e.g., payment descriptions, business description, comments and/or photos). You are solely responsible for all content that you provide, post, upload or submit. You are also responsible for content posted or submitted by your Teen User(s).

We are not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality or applicability of any content posted by users on TodayPay. TodayPay does not endorse, guarantee, make representations or provide warranties regarding any such content.

TodayPay may, in its sole discretion, reject or remove any content that violates our content standards below or for any other reason we deem the content inappropriate. TodayPay shall have no obligation to monitor content posted, uploaded or submitted by a user, but may do so at its sole discretion. TodayPay is not responsible for any failure or delay in removing any such content.

Content Standards

You and any Teen User may not post or submit any content that violates our Acceptable Use Policy or any content that is:

1. 1. false, misleading, deceiving, inaccurate or dishonest
   2. defamatory or invasive of another person's right of privacy or right of publicity
   3. harmful, obscene, harassing, abusive, offensive, objectionable, violent or condoning violence or harm, displaying nudity or sexual activity, or otherwise unfit for publication
   4. inciting hatred of individuals or groups based on race or ethnic origin, religion, nationality, disability, gender, age, veteran status, or sexual orientation/gender identity; portraying or inciting animal cruelty or neglect
   5. illegal, such a criminal activity, terrorism, obscenity, child pornography, human exploitation, gambling, drug use, firearms or ammunition, and piracy
   6. infringing intellectual property or other proprietary rights of any party, or not authorized, such as content that you or a Teen User did not create or do not have the permission to use
   7. creating a privacy or security risk to any person.
   8. spam, letters or pyramid schemes
   9. in TodayPay's sole discretion, objectionable or exposes users to harm or liability.

Please report inaccurate, inappropriate or offensive content, policy violations or other violations to our Content Standards (other than intellectual property infringement claims, which are covered in section Submitting Intellectual Property Complaints) using this link.

• Intellectual Property

Our trademarks including but not limited to: 

"TodayPay.me," "TodayPay," "TodayPay.com," and all logos related to the TodayPay services are either trademarks or registered trademarks of TodayPay or TodayPay's licensors. You and any Teen User may not copy, imitate, modify or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of TodayPay. You and any Teen User may not copy, imitate, modify, or use them without our prior written consent. You may use HTML logos provided by us for the purpose of directing web traffic to the TodayPay services. You (and any Teen User) may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes TodayPay or the TodayPay services or display them in any manner that implies TodayPay's or TodayPay's sponsorship or endorsement. All right, title and interest in and to the TodayPay websites, any content thereon, the TodayPay services, the technology related to the TodayPay services, and all technology and any content created or derived from any of the foregoing is the exclusive property of TodayPay and its licensors.

• License grants, generally

If you (or any Teen User) are using our software such as an API, developer’s toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you (or a Teen User) have downloaded or otherwise accessed through a web or mobile platform, then TodayPay grants you (or the Teen User as applicable) a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use our software in accordance with the documentation accompanying such software, including this user agreement. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You and any Teen User may not rent, lease or otherwise transfer your (or any Teen User’s) rights in the software to a third party. You and any Teen User must comply with the implementation, access and use requirements contained in all documentation accompanying the TodayPay services. If you or any Teen User do not comply with implementation, access and use requirements you agree you will be liable for all resulting damages suffered by you, a Teen User, us and/or third parties. We may update or discontinue any software upon notice to you. While we may have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the TodayPay services, you and any Teen User have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to (and agree your Teen User may not) modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title and interest to our software are owned by TodayPay and any third party materials integrated therein are owned by our third party service providers. Any other third party software application you or a Teen User uses on the TodayPay websites is subject to the license you agreed to with the third party that provides you or a Teen User with this software. You acknowledge that TodayPay does not own, control nor have any responsibility or liability for any such third party software application you or a Teen User elect to use on any of our websites, software and/or in connection with the TodayPay services.

• License grant from you to TodayPay; intellectual property warranties

We do not claim ownership of the content that you or a Teen User provide, upload, submit or send to us. When you or a Teen User provide content to us or post content using TodayPay services, you grant us (including on behalf of any Teen User), our affiliates and our users (including parties that we work with) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable and worldwide license to duplicate, copy, display, publish, upload, perform, distribute, modify, create derivative works, delete, post, forward to others and otherwise use your (or a Teen User’s) content and associated intellectual property and publicity rights to help us improve, operate, promote, advertise and market our current services and develop new ones, in any form, language, medium or technology now known or later developed. We will not compensate you or any Teen User for any content.

You further represent and warrant that (1) you own or otherwise have all the licenses, rights, consents and permissions in your (or a Teen User’s) content necessary to make the above license and grant, including the license and grant on behalf of any Teen User, (2) your and any Teen User content is accurate and (3) your and any Teen User content and our use of your or a Teen User’s content do not and will not infringe any intellectual property, privacy, proprietary or publicity rights, or otherwise violate confidentiality obligations, these terms or applicable law. Further, you agree to waive your moral rights, you agree to waive them on behalf of any Teen User, and promise that you and any Teen User will not assert any rights in your or a Teen User’s content against us.

• Submitting Intellectual Property Complaints

We respect the intellectual property of others and require that TodayPay account holders comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish content on the TodayPay platform that is subject to intellectual property rights claims.

TodayPay will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe your or a Teen User’s intellectual property rights have been infringed by content on the TodayPay platform, you may request a removal of this content from our website by submitting this Infringement Report Form to infringementreport@TodayPay.me or:

TodayPay, Inc., 

Attn: TodayPay Acceptable Use Policy

P.O. Box 430, Little Silver, NJ 07739, USA 

If you believe that content you or a Teen User posted on the site was removed, or access to it was disabled, by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to the email or address above pursuant to the DMCA.

We may terminate an infringer’s access to TodayPay products or services in our sole discretion and we have a policy to terminate accounts of repeat infringers.

• Miscellaneous

Assignment

You may not transfer or assign any rights or obligations you have under this user agreement without our prior written consent. We may transfer or assign this user agreement or any right or obligation under this user agreement at any time.

Business Days

“Business Day(s)” means Monday through Friday, excluding holidays when TodayPay's offices are not considered open for business or any day which is a legal holiday or any day on which public institutions are authorized or required by law or other governmental action to close.  U.S. Holidays include New Year’s Day (January 1), Martin Luther King, Jr.’s Birthday (the third Monday in January), George Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Juneteenth (date in June), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25). If a holiday falls on a Saturday, we observe the holiday on the prior Friday. If the holiday falls on a Sunday, we observe the holiday on the following Monday.

Consumer fraud warning

We’re always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams and, if you have Teen Accounts, educate your Teen Users about these scams:

1. 1. merchant seller Scam: a scammer sends you a fraudulent payment for goods or services you provide outside of TodayPay.
   2. Accidental Payment: a scammer sends you a fraudulent payment, claims it was accidental, and asks that you return their funds.

Always use common sense when sending funds. If something sounds too good to be true, it probably is. Only send funds for yourself and not for others. Remember that if you don’t make a Qualifying Payment, you’re not covered by TodayPay Purchase Program. Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us.

Dormant accounts

If you do not log in to your personal account for two or more years, we may close your TodayPay account (including any Teen Account) and send any of your funds held in our possession to your primary address (if we have verified the required identifying information that you have provided to us) or, if required, escheat (send) any of your funds held in our possession to your state of residency. We will determine your state of residency based on the information provided for your TodayPay account. If your address is unknown, any of your funds held in our possession will be escheated to the State of Delaware. Where required, we will send you a notice prior to escheating any of your funds. If you fail to respond to this notice, your funds held in our possession will be escheated to the applicable state. If you would like to claim any escheated funds from the applicable state, please contact the applicable state’s unclaimed property administrator.

Google Maps

Your and a Teen User’s use of Google Maps while using the TodayPay services on the TodayPay app is subject to the then-current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.

Governing law

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of New York, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and TodayPay regarding your or your Teen User’s use of the TodayPay services.

Identity authentication

You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your (or a Teen User’s) identity. This may include:

1. 1. asking for further information, such as date of birth, a social security or taxpayer identification number, physical address and other information that will allow us to reasonably identify you or a Teen User;
   2. requiring steps to confirm ownership of an email address, phone number or financial instrument;
   3. ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources; or
   4. requiring you (or a Teen User) to provide a driver’s license or other identifying documents.

Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you or a Teen User use certain TodayPay services. We reserve the right to close, suspend, or limit access to your TodayPay account and/or the TodayPay services in the event that, after reasonable enquiries, we are unable to obtain information required to verify your identity (or a Teen User’s).

TodayPay is Not a Money Transmitter

TodayPay, Inc. is not a Money Transmitter and is not a licensed provider of funds transfer services. There are no transmission of funds provided by TodayPay, Inc. Any withdrawal of value from your account is a Disbursement by TodayPay, Inc. and the funds, implied value or money are solely owned by TodayPay, Inc. until the moment of Disbursement by TodayPay, Inc. at its sole discretion. 

TodayPay is only a technology services provider

We act as a technology service provider only. We do not:

1. 1. Act as an escrow agent with respect to any funds sent to you or a Teen User on TodayPay that has not been transferred;
   2. Act as your or a Teen User’s agent or trustee;
   3. Enter into a partnership, joint venture, agency or employment relationship with you or a Teen User;
   4. Guarantee the identity of any user or merchant seller;
   5. Determine if you or any Teen User are liable for any taxes; or
   6. Unless otherwise expressly set out in this agreement, collect or pay any taxes that may arise from use of our services.

Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining account holder privacy, as well as our use and disclosure of account holder information.

State disclosures

In addition to reporting complaints about the TodayPay services directly to us as described above, if you are a California resident, you may report complaints to the California Department of Financial Protection & Innovation by mail at Department of Financial Protection & Innovation, Consumer Services, 2101 Arena Boulevard, Sacramento, CA 95834, or online through its website at https://dfpi.ca.gov/file-a-complaint/. The California Department of Financial Protection & Innovation offers assistance with its complaint form by phone at 866-275-2677. If you are a California resident, you have a right to receive communications about your TodayPay account and the TodayPay services by email. To make such a request, send a letter toTodayPay, Inc., Attn: Legal Dept, P.O. Box 430, Little Silver, NJ 07739, USA. , include your email address, and your request for that information by email.

Florida residents may contact the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762.

Third party providers

The TodayPay app works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Your or a Teen User’s use of the TodayPay services may be subject to separate agreements you or a Teen User may enter into with your or a Teen User’s mobile device operating system provider (e.g., Apple®, Google® or Microsoft®), your or a Teen User’s mobile device manufacturer (e.g., Apple®, Samsung®), your or a Teen User’s mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your or a Teen User’s mobile device service, which we collectively refer to as “Covered Third Parties.” You agree that you and any Teen User will comply with all applicable third-party terms of agreement when using the TodayPay Services. We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and TodayPay, not with any Covered Third Party. You acknowledge and agree that we are solely responsible for the TodayPay services and for providing maintenance and support services for the TodayPay services.

Covered Third Parties have no warranty obligations whatsoever with respect to the TodayPay Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the TodayPay services to conform to any warranty provided by us, if any, will be our sole responsibility.

We, not any Covered Third Parties, are responsible for addressing any claims relating to the TodayPay services, including, but not limited to: (i) product liability claims; (ii) any claim that the TodayPay Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims.

If you or a Teen User are using the TodayPay Services on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the TodayPay services.

Unlawful internet gambling notice

Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your TodayPay account or your relationship with TodayPay. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.

Your use of information; Data protection laws

If you or a Teen User receive information about any TodayPay customer, you and any Teen User must keep the information confidential and only use it in connection with the TodayPay services. You and any Teen User may not disclose or distribute any information about TodayPay users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so. You and any Teen User may not send unsolicited emails to a TodayPay customer or use the TodayPay services to collect payments for sending, or assist in sending, unsolicited emails to third parties.

The privacy and data protection laws that may apply include any associated regulations, regulatory requirements and codes of practice applicable to the provision of the services described in this agreement.

In complying with such laws, you and any Teen User will:

1. 1. implement and maintain all appropriate security measures for the processing of personal data; and
   2. not knowingly do anything or permit anything to be done which might lead to a breach of any privacy data protection laws by us.

• Agreement to Arbitrate

You and TodayPay agree that any claim or dispute at law or equity that has arisen or may arise between you and us (including claims or disputes that arise out of or relate to the TodayPay services or your TodayPay account, including any linked Teen Account) will be resolved in accordance with the Agreement to Arbitrate provisions set forth below.  Please read this information carefully.  Among other things it:

1. 1. Affects your and our rights and will impact how claims between you and us are resolved, including your and our agreement to waive the right to trial by jury.
   2. Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class action lawsuit against us.
   3. Requires you to follow the Opt-Out Procedure to opt-out of the Agreement to Arbitrate by mailing us a written notice. If you are a new user, the opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time.

If a dispute arises between you and TodayPay regarding the TodayPay services, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and TodayPay regarding the TodayPay services may be reported to customer service by emailing at disputes@todaypay.me or by mail: TodayPay, Inc., Attn: Disputes Dept, P.O. Box 430, Little Silver, NJ 07739, USA.