(A) This Agreement forms your legal agreement and governs your use of Fingercheck Pay On-Demand LLC’s (“Fingercheck”) Pay-on-Demand services (“POD Services”). These Terms may be revised and will be effective upon their publication to the Fingercheck website or any Fingercheck App where the POD Services may be accessed (together with the “POD Services Portal”). The applicable Terms for your use of the POD Services shall be those that are then in existence when you access the POD Services Portal. Your access of the POD Services Portal to obtain funding shall be your agreement to be bound by the terms of this Agreement for all elements of the POD Services across the POD Services Portal. Fingercheck’s privacy and data protection services, as both may be amended, are found at email@example.com and are deemed to be part of these terms and the agreement for your use of the POD Services. We reserve the right in our sole discretion to refuse to approve the creation of any 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.
(B) You acknowledge and agree that you will: (i) provide accurate and continue to provide accurate personal and complete account and login information when creating an account; (ii) keep all account login details and passwords secure at all times; (iii) remain solely responsible and liable for the activity that occurs in connection with your account or the services and funding you request; and (iv) promptly notify Fingercheck, in writing, if you become aware of any unauthorized, illegal, or malicious access or use of your account. You further agree to promptly update all your information whenever the information provided to us is no longer accurate. You can update your information by clicking on the Settings link after you log in.
(C) You may delete your account by contacting Fingercheck at firstname.lastname@example.org. Deleting your account has no effect on your obligations under that account or in this Agreement and all such obligations survive account deletion without limitation.
(D) Fingercheck may, at any time and without prior notice, modify, alter, or update this Agreement. Your continued access to POD Service Portal or use of the POD Service will constitute your acceptance of any revisions to this Agreement. Your use of the Services may also be subject to additional policies, guidelines, or rules we also post or make available at Fingercheck’s website or across the POD Services Portal.
(E) 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 and 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.
Fingercheck owns all information, content, materials, illustrations, product layout, and design, icons, navigational functions, images, artwork, graphics, photography, text, data, audio sound, software, formulae and software and website code, and the like, as well as the format, arrangement, selection, and assembly of these items on the POD Services Portal all of which is subject to change or removal without notice, including the products, services, features, and functionality, without notice.
Fingercheck has no responsibility to and does not retain information concerning your transaction for any period of time once the funds have been repaid unless otherwise required by law or regulation.
The POD Services Portal and its services, features, and functionality available through the Site 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 and information at the POD Services Portal and POD Services generally, but it assumes no responsibility for the accuracy, merchantability or completeness found there. The POD Services Portal and the POD Services generally provides general information only and is not professional advice of any kind.
3. Consent to the Disclosure of Unlimited Employment Information and
Communication with Your Employer or Pay Provider.
(A) In connection with the POD Services Fingercheck has partnered with the employer or payor of your wages. In addition to the consent you have provided earlier, you consent to the disclosure of information that Fingercheck, in its sole discretion, requires from your employer or another payor of your wages in considering its providing funds to you. As such, your sign-up for the POD Services will be your unqualified consent to the disclosure of this information to Fingercheck.
This consent includes permission for your employer to share the employment data required for us to perform the service you have requested. This includes information concerning your (i) name, (ii) employee and tax identification numbers, (iii) contact information (email and mobile phone number), (iv) gross and net pay and details about tax and other withholding, and (v) bank account and routing number. Fingercheck will request only the information that it believes, in its sole discretion, is necessary or required to perform the functions and services associated with the POD Services and any other service that you have requested. Fingercheck will not share this information unless required under any law or regulation, and with its own service providers, as necessary and will retain this information for only as long as it deems necessary.
(B) Upon your request for funding, we will notify your employer or payor of the funding of your POD Services, review information we receive, and request consent from your employer to fund based on your unpaid but accrued wages. Upon approval, we will let you know the amount approved and the expected funding date. If your employer denies consent, we will let you know that as well. In the event that Fingercheck, through its POD Services, funds all or part of your request, you expressly consent to allow Fingercheck and POD Services to access and deposit that amount directly into the bank account that you specify to be funded with the funds.
(C) Your request for funding through the POD System is your affirmative representation that you are due wages from your employer or payor for accrued and earned wages in an amount not less than the amount you seek to borrow plus any fees charged by Fingercheck.
4. Limitation of Liability.
(A) 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 (i) the use, inability to use, or the results of the use of the POD Services Portal and any websites or other content linked to it, (ii) any materials, information, product or services related to the POD Services Portal or information contained or found there, and (iii) this Agreement, or any acts under this Agreement or in furtherance of this Agreement, including any funding, payments or financial transfers and transactions (except for 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.
(B) 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 fees, if any, paid by you in connection with the transaction of the POD Services then at issue.
(C) No information provided by Fingercheck shall be deemed to be legal or tax advice. Before making any final decisions or implementing any financial strategy, you should solicit advice from your legal, accountant or another financial adviser.
You will be charged a flat fee in the amount shown at the time you request funding via the POD Services (the “POD Services Fee”). Fingercheck anticipates that the fee shall typically be $2.99 per transaction, regardless of the amount of the POD funding you seek (within the POD Services limits). The POD Services Fee is the charge for participating in and the processing for the POD Services. The POD Services Fee will be deducted from the amount you request. By way of example only if you seek and obtain approval for a $100 advance of your earned but yet unpaid wages via the POD Services, Fingercheck will deposit $100 less the $2.99 POD Services Fee, or $97.01, into the bank account that you designate. Fingercheck will implement funding limitations, at its discretion, to be listed at the POD Services Portal at the time you engaged the POD Systems Portal to obtain funding under the POD Services.
Additional Fees may be charged for additional POD Services which you elect to receive.
You understand, acknowledge, and agree that payment for amounts advanced to you under the POD Services shall be paid by your employer or payor of your accrued wages immediately upon the issuance of those wages, directly to Fingercheck without any further notice to you. Such payment will be reflected on the payment record or receipt you receive from your employer or payor.
8. POD Services Representations.
At the time that you seek funds through the POD Services, you represent that the amounts requested are then accrued and owing to you by your employer or payor for work already completed but for which payroll or payment has not yet issued to you. You agree not to seek funding for amounts that exceed the amount you are due in your next payroll or wages paid. You agree further not to seek more funding than you are entitled to under the POD Services system and these terms.
9. Intellectual Property.
The POD System and POD Systems relevant intellectual property referenced on there, including patents, copyrights, logos, trademarks, software code, and trade secrets are legally owned by Fingercheck or third parties.
9.1 Links to Other Websites or Services.
Fingercheck has not reviewed and makes no representations as to the fitness, usage or security measures of third-party links that may be found at the POD Services Portal and are provided only as a convenience to you.
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.
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 portal, including by the use of any third-party links.
12. Site Security.
Fingercheck, as commercially reasonable and practicable, maintains physical, electronic, and procedural safeguards and protection, in accordance with applicable laws. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. In the event we learn of a breach of the confidentiality or security of the POD Services Portal or of your information, we will reasonably attempt to notify you as required by law so you can take appropriate steps. Unless you have directed otherwise, we may notify you under such circumstances using your most current email address or phone number on record with us.
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
14. Jurisdiction and Governing Law.
Those who access the POD Services Portal are responsible for compliance with applicable New York law. Fingerchek makes no representations as to the suitability or legality of the POD Services. You are responsible to ascertain that. Any claim relating to the POD Services will be governed by and interpreted in accordance with the laws of the State of New York, without reference to its conflict-of-laws principles. Any dispute arising out of this Agreement or related to your use of the POD Services, including but not limited to the PD Services Portal, will be heard exclusively in New York City. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
You understand and agree that, in addition to monetary damages, Fingercheck will be entitled to injunctive and equitable relief upon the breach of any provision of this Agreement, as appropriate.
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A CLASS REPRESENTATIVE IN ANY LAWSUIT INVOLVING ANY DISPUTE in connection with the POD Services.
(A) This Agreement does not create any joint venture, partnership, employment, or an agency relationship between or among Fingercheck, your employer or payor, and any employer, employee or party involved in the POD Services.
(B) If any portion of these Terms of Service is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, those Terms of Service that are found unlawful or unenforceable shall be stricken from these Terms of Service.
16. Agreement to Do Business Electronically.
Except as provided for herein otherwise, you agree to do business with us electronically. This Agreement and any other agreement you have with us may be executed by electronic signature, which means by an electronic sound, symbol, or process, attached to or logically associated with this Agreement or any other agreement with us.
You agree to receive any information, disclosures, notices, documents, or other records electronically. With respect to this Agreement and any other agreement you may have with us, you waive any rights you may have to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
17. Third-Party Account Information.
We use third parties to gather and verify information about your financial accounts, including obtaining your authority and right to access these accounts as well as manage and initiate transactions involving your accounts. You agree to provide true, accurate, complete, and current information about yourself and your accounts. You authorize us and these third parties to access the websites and sources of your financial accounts, on your behalf, and to gather information about you. You agree to the transfer, storage, and processing of your information by these third parties in accordance with their respective privacy policies. You give us and these third-parties a limited power of attorney, and appoint us and these third-parties as your true and lawful attorney-in-fact and agent, with
the full power of substitution and re-substitution, for you and in your name and place, in any capacity, to access third-party websites and sources, servers, or documents, retrieve information, and use this information, with full power and authority to do anything with the information in connection with the POD Services. Your license to us and these third parties any information, data, passwords, materials, or other content gathered. You agree that we and these third parties may use, modify, display, and distribute this content, create new material with it, and do the same with any new material.
18. Employee’s Disputes with Its Employer.
You must notify Fingercheck of any dispute with your employer or any instance where accrued and earned, but not yet paid wages, may be withheld or not paid. Resolving disputes is the sole responsibility of the party receiving the funds under the POD Services and that party’s responsibility to pay the funds received from Fingercheck under the POD Services. You agree not to seek funding as part of the POD Services if you have reason to believe that accrued wages may be withheld or not paid to you, for any reason.