Updated: April 6, 2023
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS ARE SUBJECT TO MANDATORY ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY PROVISIONS (SEE SECTION 14 BELOW)
These Employee Pay-on-Demand Terms (“Terms”) forms your legal agreement with Fingercheck Pay On-Demand LLC (“Fingercheck”), and govern your use of Fingercheck’s Pay-on-Demand services (“POD Services”). “We”, “Us, or “Our” refer to Fingercheck. “You” refers to the person accessing the POD Services.
The POD Services may be solely accessed by the Fingercheck website or any Fingercheck App where the POD Services may be accessed (collectively, the “POD Services Portal”)
By using the POD Services Portal to obtain access to your earned, yet unpaid, wages, you accept and agree to be bound by these Terms for all elements of the POD Services across the POD Services Portal.
We may revise these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all use of the POD Services thereafter. Your continued use of the POD Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you. You can see when these Terms were last revised by referring to the “Updated” legend above.
Your use of the POD Services may also be subject to additional policies, guidelines, or rules we post or make available at Fingercheck’s website or across the POD Services Portal.
1. POD Services
From time to time, you may log into your account using the POD Services Portal, and request that you access some of your earned, but unpaid, wages, prior to your next scheduled payday (“Unpaid Wages”).
In order for you to be eligible to obtain the POD Services, you must meet the following conditions: (a) your employer, or other entity obligated to make a payment to you in exchange for your labor or services (collectively, the “Employer”), must have contracted with Fingercheck to make the POD Services available to you, (b) your Employer must have approved your enrollment in the POD Services, and your Employer has not canceled your enrollment at the time of your request for Unpaid Wages, (c) you must have earned income due from your Employer during the applicable pay period, and (d) you must have received at least one paycheck using the Fingercheck platform from your Employer prior to your use of the POD Services.
You have no obligation to use the POD Services. You have the right to wait until your next scheduled payday without using the POD Services. If you do choose to wait, you have the right to receive the full amount of your wages from your employer, subject to applicable withholdings.
Your right to access your Unpaid Wages is personal to you, and is not transferable by you to any other person or entity. You may only access and use the POD Services for lawful purposes.
2.Requests for Unpaid Wages
We will disclose to you in the POD Services Portal the portion of your gross Unpaid Wages that we are willing to make available to you. Any Unpaid Wages that we make available to you will still be subject to any applicable withholdings by your Employer (such as income tax withholdings, social security, retirement contributions or garnishments).
The amount of Unpaid Wages that we will make available to you via the POD Services will be an amount equal to 50% of your gross unpaid wages accrued during the applicable pay period at the time of your request. We will further limit each individual request for payment of Unpaid Wages to a certain amount, and such limit will be disclosed to you at the time of your request. You may not request Unpaid Wages more than five (5) times per week. You may not request less than $25.00 of Unpaid Wages. Your Employer may elect to establish lower limits than the limits we set.
Each time you request to receive a portion of your Unpaid Wages before your next scheduled payday, we will disclose to you any applicable transaction fee. You will also have the opportunity to accept or decline these Terms. If you decline these Terms, we will not process your request for payment of Unpaid Wages.
If you accept these Terms, Fingercheck will review your request for payment of Unpaid Wages, and will seek approval of your request from your Employer. We reserve the right to reject any request for payment of Unpaid Wages in our discretion, such as if we believe a request is fraudulent, suspicious or represents criminal activity, a violation of applicable law or these Terms, or if we believe your Unpaid Wages are less than your requested payment amount.
If we and your Employer approve your request for payment of Unpaid Wages, we will let you know the Unpaid Wages amount approved to be paid and the expected payment date.
If we or your Employer decline your request for payment of Unpaid Wages, we will let you know that as well.
If we approve your request for payment of Unpaid Wages, we will send the amount of the Unpaid Wages for which you have been approved to you using the payment method you designate (see Section 3 for more information on payment methods).
By receiving any Unpaid Wages prior to your next scheduled payday, you authorize your Employer to deduct such Unpaid Wages paid to you (in addition to any applicable transaction fee) from your next paycheck, and remit such deducted amount to Fingercheck to repay the Unpaid Wages provided to you by Fingercheck.
Accordingly, on the date of your next scheduled payday, the amount of any Unpaid Wages paid to you by Fingercheck (in addition to any applicable transaction fee) will be deducted from your paycheck by your Employer. You will receive your pay minus the amount of any Unpaid Wages (and any applicable transaction fee) paid to you by Fingercheck.
If your deduction from your paycheck is not able to be made due to administrative or technical errors, Fingercheck will resubmit the amount for deduction from your next following paycheck. If the second attempted paycheck deduction is unsuccessful, Fingercheck will not attempt subsequent paycheck deductions.
When you elect to receive Unpaid Wages prior to your next scheduled payday, you represent and warrant the following: (a) the Unpaid Wages amounts you request are then accrued and owing to you by your Employer for work already completed, but for which payroll or payment has not yet issued to you, (b) you are not seeking amounts that exceed the amount you are due in your next paycheck, and (c) such Unpaid Wages amounts you request are not subject to reduction in whole or in part by reason of a valid lien or garnishment.
You may receive the amount of Unpaid Wages via the POD Services by either of the following two methods, each of which are subject to a transaction fee that will be added to the amount that your Employer deducts from your next paycheck to repay the amount of Unpaid Wages that we pay you.
The transaction fee for Instant payment is $2.99 per payment, and such transaction fee will be disclosed to you in the POD Services Portal prior to you confirming your request to receive payment of your Unpaid Wages.
Your Employer must make the Instant option available to you. If your Employer elects to not make the Instant option available to you, you must select the Next Business Day payment option (as described below).
If your request for payment of Unpaid Wages is approved after 8:45pm Eastern Time on a business day, or on a weekend or holiday, your payment will not be processed until the following business day, and you will not receive your payment until the business day after the business day on which your request has been processed.
By way of example only, if your request for payment of Unpaid Wages is approved on 9:15pm Eastern Time on a Monday, your request will not be processed until Tuesday, and you will receive your Unpaid Wages on Wednesday.
You will receive your Unpaid Wages that you request in the bank account that you have linked to your POD account.
Business days are Monday-Friday, excluding federal holidays on which the Federal Reserve Banks are closed.
The transaction fee for Next Business Day payment is $2.99 per payment, and such transaction fee will be disclosed to you in the POD Services Portal prior to you confirming your request to receive payment of your Unpaid Wages.
Fingercheck does not control when your bank posts any incoming payments to your Pay Card or your bank account, so there may be delays in payments being made available to you beyond Fingercheck’s control. You will need to resolve any such delays directly with your bank.
We may provide you the option to cancel any request for payment of your Unpaid Wages before we approve your request, but are not obligated to do so.
You will be charged a transaction fee in the amount shown in the POD Services Portal each time you request Unpaid Wages. This transaction fee will depend on the Payment Method you choose to receive your Unpaid Wages. However, we will not charge you a transaction fee if your Employer elects to pay the transaction fee on your behalf.
Payment of your Unpaid Wages are subject to the following transaction fees:
The applicable transaction fee will be added to the amount that your Employer deducts from your next paycheck to repay the amount of Unpaid Wages that we pay you.
By way of example only, if you seek and obtain approval for a $100 payment of your Unpaid Wages with Next Business Day delivery, Fingercheck will deposit $100 into the bank account that you linked to your POD Services account, and your Employer will deduct $102.99 (the $100 Unpaid Wage payment you requested, plus the $2.99 Next Business Day delivery fee) from your next paycheck.
Additional fees may be charged for additional POD Services which you elect to receive, but any such additional fees shall be disclosed to you prior to your confirmation of your request to receive such additional POD Services.
Following your enrollment in the POD Services, we may provide you a Mastercard® Payroll Card (“Payroll Card”) issued by our financial institution partner (“Payroll Card Issuer”). However, a Payroll Card will only be issued to you if your Employer has elected to make the Instant payment option available to you.
The Payroll Card is subject to the separate terms and conditions of the Payroll Card Issuer that you will receive with the Payroll Card. The Payroll Card may be used at merchants that accept Mastercard debit cards.
The Payroll Card will only be used for you to receive Unpaid Wages via the POD Services that you request using the “Instant” payment option, unless you otherwise designate the Payroll Card with your Employer as your preferred bank account to receive your payroll from your Employer.
Unless you designate your Payroll Card as your preferred bank account to receive your payroll from your Employer, you will continue to receive your payroll from your Employer to the bank account you have previously designated.
Fingercheck will seek repayment solely from your Employer (pursuant to Section 2 of these Terms) from any Unpaid Wages provided to you via from the POD Services.
In the event that Fingercheck does not receive full payment from your Employer for Unpaid Wages provided to you under the POD Services, Fingercheck will have no legal or contractual claim or remedy, direct or indirect, against you, including having no right to take payment from any of your bank accounts.
In such event of non-payment of the Unpaid Wages provided to you by your Employer, Fingercheck will not: (a) engage in any debt collection activities against you related to the Unpaid Wages amount; (b) place the Unpaid Wages amount as a debt with, or sell the Unpaid Wages amount to, a third party; and (c) report the Unpaid Wages amount to any consumer reporting agency (e.g., a credit bureau).
However, Fingercheck may decline to provide further Unpaid Wages payments to you if it does not receive full payment of the Unpaid Wages amount provided to you by your Employer.
We reserve the right to attempt to recover any payment of Unpaid Wages that we believe is fraudulent or is inconsistent with these Terms.
We will not resolve, or otherwise become involved in, any disputes between you and your Employer regarding the amount of Unpaid Wages that may or may not be owed to you. Resolving such disputes with your Employer is your responsibility, and you must work directly with your Employer to resolve the dispute.
You must notify Fingercheck of any dispute with your Employer regarding the amount of Unpaid Wages owed to you. You agree not to seek payment of Unpaid Wages if you have reason to believe that any accrued wages may be withheld or not paid to you, for any reason.
In order to access the POD Services, you will be required to create an online account in the POD Service Portal (“POD Account”).
You acknowledge and agree that you will: (a) provide accurate, and continue to provide accurate, personal information when creating a POD Account; (b) keep all POD Account login details and passwords secure at all times; (c) remain solely responsible and liable for the activity that occurs in connection with your POD Account, the POD Services and Unpaid Wages you request; and (d) promptly notify Fingercheck, in writing, if you become aware of any unauthorized, illegal, or malicious access or use of your POD Account. You further agree to promptly update all your information whenever the information provided to us is no longer accurate.
We reserve the right in our sole discretion to refuse to approve the creation of any POD Account, or to otherwise limit or restrict, without explanation, your access to the POD Services Portal or usage of the POD Services, for any reason.
You authorize us to make any inquiries we consider necessary to validate your identity and verify your employment. These inquiries may include asking you for information, such as your social security number or taxpayer identification number, confirming ownership of your mail and email address, financial instruments, and verifying information you provide against third party databases or other sources.
In connection with the POD Services, Fingercheck has partnered with your Employer. You consent to the disclosure of information by your Employer that Fingercheck, in its sole discretion, requires from your Employer to provide the POD Services to you. As such, your enrollment in the POD Services will be your unqualified consent to the disclosure of this information by your Employer to Fingercheck.
To the fullest extent permitted by law, Fingercheck and associated parties involved with the POD Services shall not be liable for any direct or indirect damages whatsoever, including those resulting from lost profits, lost savings, lost data, business interruption or other special, consequential or incidental damages arising out of or relating to (a) the use, inability to use, or the results of the use of the POD Services or the POD Services Portal and any websites or other content linked to it, (b) any materials, information, product or services related to the POD Services or the POD Services Portal or information contained or found there, and (c) these Terms, or any acts under these Terms or in furtherance of these Terms, including any Unpaid Wages payments or financial transfers and transactions (except for our gross negligence or willful misconduct), whether based on warranty, contract, tort or any other legal theory and whether or not Fingercheck knew or was informed or advised of the possibility of such loss or damages.
This limitation shall include any damage or corruption to any hardware, including as a result of any computer virus or infiltration or data breach. You are responsible for maintaining and protecting all of the information provided, transmitted, uploaded, imported, or made accessible by using the POD Services Portal and the security of your computer or other device used as part of the POD Services.
In no event will Fingercheck’s liability for any damages exceed the total amount of transaction fees, if any, paid by you in connection with the transaction of the POD Services then at issue.
Fingercheck makes no representations as to the suitability of the POD Services to you or your financial needs.
No information provided by Fingercheck shall be deemed to be legal or tax advice. The POD Services Portal and the POD Services provides general information only and is not professional advice of any kind. Before making any final decisions or implementing any financial strategy, you should solicit advice from your legal, accountant or financial adviser.
Fingercheck will make every effort to maintain the POD Services Portal but is not responsible for any disruption regardless of duration or magnitude, and shall not be liable for losses related to the inability to access the POD Services Portal.
The POD Services and POD Services Portal and their accompanying services, features, and functionality are furnished “as is,” “at your own risk,” and “as available,” without any warranty, express or implied, whatsoever. Fingercheck makes every effort to ensure the correct functionality of the POD Service Portal, and the information provided in the POD Services Portal and POD Services generally is accurate, but we assume no responsibility for the accuracy, merchantability or completeness of such functionality or accuracy.
You agree to indemnify and hold Fingercheck and its affiliates, directors, officers, employees, agents, representatives and third-party service providers harmless, and to defend and hold each of them harmless, from any and all claims, actions, liabilities, damages, and costs which may arise from your use of the POD Services or POD Services Portal, including by the use of any third-party links.
Although we reserve the right to communicate with you in a paper format, you agree that we may communicate in electronic format, and such will be considered to be “written” if so required under these Terms or applicable law or regulation. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically or that are posted on the POD Services Portal satisfy all legal requirements that such communications be in writing if such requirements are applicable. You must send notices to us at email@example.com.
If you wish to withdraw consent to electronic communications, you must notify us at firstname.lastname@example.org. If you withdraw such consent, we will close your POD Account and you will no longer be eligible to participate in POD Services, or to obtain your Unpaid Wages prior to your regularly scheduled payday.
These Terms shall be governed by and interpreted in accordance with the laws of the United States. To the extent state law applies to these Terms, these Terms will be governed by the laws of the State of New York, without reference to its conflict-of-laws principles.
To the extent permitted under applicable law, you and Fingercheck hereby irrevocably agree to the following provisions:
Dispute Resolution and Arbitration. Any dispute, claim, or controversy between you and us arising in connection with, or relating in any way to, these Terms, the POD Services or the POD Services Portal (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination or expiration of these Terms) will be determined solely by mandatory binding arbitration. In arbitration there is no judge or jury and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms as a court would.
Arbitration Process Rules. The arbitration shall be administered by the American Arbitration Association (the “AAA”), pursuant to the then-current Consumer Arbitration Rules of the AAA (“Rules”), and shall be finally settled by one (1) arbitrator who shall be appointed in accordance with the Rules. Either party may initiate arbitration by submitting a written request for arbitration to the AAA and the other party, setting forth in reasonable detail the subject of the dispute and the relief requested. The arbitration shall be conducted in accordance with the Rules, The arbitrator shall have no power or authority to amend or disregard any provision of this paragraph or any other provision of these Terms. The arbitration hearing shall be commenced promptly and conducted expeditiously. All arbitration pleadings, documents, deliberations, proceedings, decisions, and awards (and the actions of the arbitrator, administrators, and parties with respect to the arbitration) shall be confidential. The parties will participate in the arbitration in good faith, and each party will be responsible for any fees or costs as set forth under the Rules; provided, however, that each party will pay its own attorneys’ fees (subject to the next sentence). The arbitrator may, in his or her discretion, award the prevailing party its attorneys’ fees and out-of-pocket expenses, including its share of the arbitration fees. The arbitrator will have the authority to apportion liability between the parties, but will not have the authority to award any damages or remedies not available under, or in excess of, the express terms of these Terms. Promptly following the conclusion of the hearing, the arbitrator shall prepare and distribute to the parties an opinion describing the basis for judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The decision of the arbitrator (i) shall be final and binding on the parties; and (ii) may be entered and enforced in any court of competent jurisdiction.
No Class Actions. Neither you or Fingercheck will have the right to: (a) participate in a class action in court or in arbitration, either as a class representative, class member or otherwise, (b) act as a private attorney general in court or in arbitration, or (c) join or consolidate claims by or against you with claims by or against any other person. The arbitrator shall have no authority to conduct any such class action, private attorney general or multiple-party proceeding.
Special Statute of Limitation. Any arbitration must be commenced by filing a demand for arbitration within 2 years after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits such limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Exception. Nothing in this Section 14 shall be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to seek injunctive relief in a court of law.
These Terms do not create any joint venture, partnership, employment, or an agency relationship between or among Fingercheck, you, or your Employer.
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, those Terms that are found unlawful or unenforceable shall be stricken from these Terms, and the remainder of these Terms shall nevertheless remain in force.