ANYDAY EARNED WAGE ACCESS TERMS OF SERVICE
This Terms of Service Agreement (“Agreement”) governs your access and use of the AnyDay Earned Wage Access service (“EWA Service”) provided by QRails, Inc. (“QRails”, “our”, “us”, or “we”) in cooperation with your employer.
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS AN ARBITRATION PROVISION WHICH REQUIRES ALL CLAIMS TO BE RESOLVED BY BINDING ARBITRATION AND WAIVING A RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN CLASS ACTIONS.
1. ACCEPTANCE OF TERMS OF SERVICE
2. EARNED WAGE ACCESS SERVICE
2.2 Eligibility. In order for you to be eligible for the EWA Service, your employer must participate in the program and be in good standing at the time you request an EWA. By enrolling in the EWA Service, you are consenting to your employer sharing information with us necessary for us to provide the EWA Service. This information may include your name, address, mobile number, employee identification number, hourly rate of pay, timecard information, payroll card and bank account information. We will not run a credit check on you.
2.3 Requesting an EWA. In order to request an EWA, you must download and install the AnyDay mobile app. We will obtain information about your earned but unpaid wages from your employer. The mobile app will display that information along with the amount of wages which are available for you to request as an EWA (“Available Earnings”.) Generally, 50% of your earned but unpaid wages will be made available for you to access through the EWA Service. QRails or your employer may change the Available Earnings made available to you in order to comply with applicable law or for other reasons. Available Earnings will be based only on your earned but unpaid wages and will not be based upon any bonus, incentive pay, expense reimbursements or other amounts owed to you by your employer. You may request one or more EWAs during a pay period in any amount up to an aggregate amount of your Available Earnings. When you request an EWA, you must also authorize your employer to recoup the amount of the requested EWA and any EWA Fees from your next scheduled paycheck through payroll deduction. You may direct your EWA to be electronically transferred to either your AnyDay Prepaid Mastercard® or to your linked bank account.
2.4. Receiving Your EWA. If your requested EWA is approved, the amount of the EWA will be transferred to your AnyDay Prepaid Mastercard® or to your linked bank account. Transfers to your AnyDay Prepaid Mastercard® will be available within a few minutes of approval. You may choose to make transfers to your linked bank account through a real-time transfer which will appear in your account within a few minutes of approval or through the Automated Clearing House which may take up to three business days to appear in your account.
2.5. Transfer Fees. If your requested EWA is deposited to your AnyDay Prepaid Mastercard there will be no transfer fee. If your requested EWA is transferred to your linked bank account by real-time transfer, the transfer fee is $2.50 per transfer. If your requested EWA is transferred to your linked bank account through the Automated Clearing House the transfer fee is $1.50 per transfer capped at $4.50 per month.
2.6. Repayment. On the date of your next regularly scheduled payday, your employer will deduct the total amount of your outstanding EWAs and any transfer fees from your paycheck. If the payroll deduction cannot be made due to technical errors, you authorize your employer to resubmit the payroll deduction on your next regularly scheduled payday. You may receive the entirety of your net wages on your regularly scheduled payday by not requesting an EWA.
2.7. Failure to Recoup EWA. We will not take action against you to collect an EWA that we are unable to recoup through payroll deduction in accordance with the terms of this Agreement. We will not engage in debt collection activities related to an EWA that is not recouped nor shall we place the debt with or sell the debt to any third party. We will not report non-payment to any consumer reporting agency.
3. ADDITIONAL TERMS
3.1 Transaction Monitoring. The EWA Service may not be used for any fraudulent or illegal purpose. We may monitor transactions for fraudulent or illegal activity. If we detect what we reasonably believe to be fraudulent, suspicious or criminal activity or any activity that is inconsistent with this Agreement related to your use of the EWA Service, we may take appropriate steps to stop or prevent such activity and to recover the amount of any associated EWA. We reserve the right to restrict or terminate your use of the EWA Service if we reasonably believe such action is necessary for legal or security reasons or otherwise to protect the EWA Service.
3.2 Information Validity. If for any reason you suspect that the information being provided to us by your employer is incorrect, you must immediately notify us of the potential problem. You agree not to request an EWA based on information which you know or suspect is incorrect.
3.4 Employer Disputes. You agree that we may rely upon information regarding your earnings provided by your employer. In the event of a dispute between you and your employer as to the amount of wages owed to you, you agree to resolve that dispute with your employer.
3.5 Identity Verification. In order to provide you with the EWA Service, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity, including but not limited to taxpayer identification number, phone number and email verification, and other information we deem necessary. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the EWA Service.
4. DISCLAIMER OF WARRANTIES
Except as expressly set forth in this Agreement, the EWA Service is provided on an “as is” and “as available” basis without any express or implied warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not make any specific promises about the EWA Service, its specific functions or its reliability or availability.
5. LIMITATION OF LIABILITY
IN NO EVENT SHALL QRAILS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE EWA SERVICE, EVEN IF QRAILS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QRAILS’ AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED ONE THOUSAND DOLLARS AT ANY TIME. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement may be modified by QRails at any time by updating and posting a new version on the mobile app or website, or by otherwise notifying you of the revised Agreement. By using the EWA Service, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
7. GOVERNING LAW
This Agreement and your use of the EWA Service shall be governed by the laws of the state of Colorado without regard to principles of conflicts of laws.
8. CLASS ACTION WAIVER AND BINDING ARBITRATION
8.1 Arbitration. Any claim, dispute, or controversy (“Claim”) between you and us arising out of or relating in any way to this Agreement or your usage of the EWA Service, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in the state of Colorado.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY.
8.2 Remedies. You and we will have every remedy available in arbitration as you and we would have from a court and will be entitled to reasonable discovery. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made finally and exclusively by the arbitrator. The arbitrator’s award will be binding and final. Judgment on the arbitration award may be entered in any court in the state of Colorado having jurisdiction.
8.3 Waiver of Class Action and Jury Trial. NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
8.4 Survival. This arbitration provision shall survive the termination of this Agreement and the bankruptcy of you or us. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.