EarnIn General Terms of Service
Welcome to EarnIn! This EarnIn Terms of Service (the “Agreement”) constitutes a legal agreement between you and Activehours, Inc., d/b/a EarnIn (“EarnIn”) and governs your use of EarnIn’s websites, technology platforms, and/or mobile application (collectively, the “Sites”) and EarnIn’s products, services, and features (collectively, the “Services”). As used in this Agreement, “you” and “your” refer to you as the user of the Sites or the Services and "we," "us," and "our'' refer to EarnIn and its U.S. subsidiaries, divisions, affiliates, and operations that link to or otherwise provide notice of this Agreement, which includes Activehours-Courage LLC, EarnIn Activehours 1 LLC, EarnIn US1 LLC, EarnIn International Holdings LLC, EarnIn Canada Inc., EarnIn (Thailand) Limited, EarnIn Mexico, S. de R.L. de C.V., Activehours-River LLC, and Taslar, Inc.
DISPUTE RESOLUTION: PLEASE BE AWARE THAT SECTION 12 BELOW CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND EARNIN. AMONG OTHER THINGS, SECTION 12 INCLUDES AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 12 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 12 CAREFULLY.
UNLESS YOU OPT OUT OF THE DISPUTE RESOLUTION PROVISIONS IN SECTION 12 WITHIN 30 DAYS : (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
PLEASE ALSO SEE “YOUR RESPONSIBILITY FOR THIRD-PARTY BANK FEES” FOR A BETTER UNDERSTANDING OF YOUR CONTINUED RESPONSIBILITY FOR BANK FEES, INCLUDING OVERDRAFT AND INSUFFICIENT FUNDS FEES, CHARGED BY YOUR BANK. BY USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT YOU, AND NOT EARNIN, WILL BE LIABLE FOR ANY THIRD-PARTY BANK FEES YOU MAY INCUR. PLEASE REFER TO SECTION 5 BELOW FOR MORE INFORMATION.
Table of Contents
b. Pay-Related Issues - CONTACT YOUR EMPLOYER
If you have any questions or concerns regarding your paycheck—including but not limited to pay amounts, deductions, or withholdings—please contact your employer directly.
1. ACCEPTANCE OF TERMS
Please read this Agreement carefully before using the Sites and the Services. In addition, please read our
Privacy Policy for information relating to our collection, use, and disclosure of personally identifiable information. Subject to Section 10 below, EarnIn reserves the right to amend this Agreement and the Privacy Policy at any time and will post the revised Agreement at
https://www.earnin.com/privacyandterms/terms-of-service (the “
Terms of Service Site”) and Privacy Policy at
https://www.earnin.com/privacy (the “
Privacy Policy Site”). You should check the Terms of Service Site and Privacy Policy Site periodically for changes to this Agreement or the Privacy Policy. All changes will be effective upon posting. If you use the Sites or the Services after the effective date of any change to this Agreement or the Privacy Policy, you will be subject to the updated version of this Agreement or the Privacy Policy, as applicable.
You also agree to the
Electronic Communications Consent and to any additional terms specific to the Sites or the Services you use, which become part of your agreement with us.
By accessing or using the Sites or the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement and you acknowledge your receipt and understanding of the Privacy Policy.
2. SIGNING UP WITH EARNIN
a. Eligibility.
You must create a profile with EarnIn (your “EarnIn Profile”) to access the Sites and the Services. You may only have one profile with EarnIn. To be eligible to use the Services, you must meet each of the following requirements:
your primary place of residence is located in the United States, which includes the District of Columbia and United States territories and possessions;
you are the age of majority where you reside, which is 18 in most states (unless otherwise permitted in the specific product terms);
you have a valid United States cellular/wireless telephone number;
you have an email address that you control;
you have a checking account that you own at a bank within the United States and you are able to link that checking account to your EarnIn Profile (the “Bank Account”);
you have (A) paychecks you receive from a Verified Employer (defined below), or (B) anticipated income that may include
certain government-sponsored benefits (subject to EarnIn’s approval); and
you have not previously been suspended, removed, or deactivated from the Services.
A “Verified Employer” is an employer who (1) has a fixed work location from which you work and who has an online/electronic timekeeping system, or (2) is approved by EarnIn and who is paying you on a regular pay schedule (either weekly, bi-weekly, semi-monthly, or monthly).
If your bank is not listed when you attempt to link your bank account in your EarnIn Profile, then unfortunately EarnIn is unable to provide the Services to you. We are actively working to support more banks as we continue to grow, and we encourage you to check back later to see if your bank has been added to our list.
If you elect to open a banking product through any of our banking partners (e.g. Evolve Bank & Trust (“Evolve”) or Lead Bank (“Lead”)), additional eligibility criteria may apply, which will be disclosed to you prior to opening your applicable bank account.
Each time you use the Services, you represent that you meet the eligibility requirements set forth above. If you have questions about your eligibility, please contact us by live chatting with the EarnIn team through the EarnIn mobile application (the “EarnIn App”).
Your Use of the Services.
Except as otherwise permitted in this Agreement, you may only use the Sites and the Services for your own personal, non-commercial use, and not on behalf of, or for, any third party. Additionally, you are not permitted to access or use the Services in Cuba, Crimea, Iran, North Korea, Syria, or any other jurisdiction or country subject to United States sanctions. Any use of the Sites or the Services in violation of law is strictly prohibited. Some services may not be available in all states and we reserve the right to limit the availability of the Sites and the Services at any time.
Confidentiality of Credentials.
You must keep confidential the usernames and passwords that you use to access the Sites and the Services (collectively, your “Credentials”). The use of your Credentials by another person will still be recognized by EarnIn as being authorized by you. If you believe that either your Credentials or a device that you use to access the Sites or the Services has been lost or stolen, that someone is using your Credentials without your permission, or that an unauthorized transaction has occurred, notify us IMMEDIATELY by live chatting with the EarnIn team through the EarnIn App or by notifying your HR Department, whichever is applicable.
Accuracy of Information.
You agree to provide accurate profile information, including your name, physical address, wireless phone number, email address, and Bank Account information (“Profile Information”). Please ensure that your Profile Information remains current and update your Profile Information as needed. If you need help changing your Profile Information, please live chat with the EarnIn team through the EarnIn App. EarnIn is not responsible for any payment processing errors, fees, or other issues arising from your failure to keep your Profile Information current.
a. Payroll Platform End Users
End User Responsibility for Information Submitted: On the Site, you will be able to access certain employment-related information and documents made available by your employer(each employer a “Payroll Platform User”). You may also upload or update your personal information and make certain elections through the Site, in each case through the use of certain software proprietary to EarnIn and its licensors (the "Software"). You acknowledge and agree that it is your responsibility to submit information relating to the Services and to verify the authenticity, accuracy and legitimacy of all such information. EarnIn does not review the authenticity, accuracy or legitimacy of the information you submit. You assume all responsibility for and risk arising from your submission of any false information. EarnIn shall not be in any way held responsible or liable for any false information submitted by you.
Estimates and Calculations Are Informational Only: Calculations, estimates or modeling of events or circumstances, including projected or expected annual expenses, provided on this Site are estimates only and are being provided by EarnIn for informational purposes only. Your actual costs and expenses may vary.
EarnIn’s Limited Role Regarding Benefits and Advice: You acknowledge and understand that EarnIn is merely making the Site available on behalf of the Payroll Platform Users and is not acting as an investment advisor, broker-dealer, insurance agent or intermediary, or a financial or benefit planner or tax advisor. EarnIn is not providing any benefits provided by the Payroll Platform Users related thereto under the Site. The Payroll Platform Users is responsible for making available all benefits and information related thereto referenced or included on the Site.
No Legal or Professional Advice Provided: You acknowledge that EarnIn is not rendering legal advice or other professional advisory services. While every effort is made to provide current information, the law changes regularly and laws may vary depending upon the country, state, province or municipality. The materials in the Site are made available for informational purposes only and are not a substitute for legal advice or your professional judgment. You should review applicable law in your jurisdiction and consult counsel for legal advice. You assume all responsibility for and risk arising from your use of and reliance upon the contents of the Site.
No Contractual Relationship Created: The information presented on the Site is not intended to create, nor is it to be construed to create, a contract between (1) the Payroll Platform Users or EarnIn, or their respective affiliates and (2) any one of the Payroll Platform User's employees or other plan participants.
4. TERMINATING YOUR EARNIN PROFILE
Subject to your Payroll Platform User’s policies, where applicable, you may terminate your relationship with EarnIn by logging into your EarnIn Profile and accessing the settings menu. There is no fee to close your EarnIn Profile. If you close your EarnIn Profile, you will be unable to use any Services. Closing your EarnIn Profile does not revoke any pending debits from your Bank Account that you may have authorized through your use of the Services. If you need help in terminating your EarnIn Profile, please live chat with the EarnIn team through the EarnIn App.
5. YOUR RESPONSIBILITY FOR THIRD-PARTY BANK FEES
Depending on the EarnIn Services you elect to use, you are responsible for maintaining sufficient funds in your Bank Account to fund all payments you authorize through your use of the Services, including any outstanding amounts due to EarnIn. Unless EarnIn withdraws funds from your Bank Account before your next regularly scheduled paycheck or the debit date you designated, you agree that you, and not EarnIn, will be responsible for any fees you are charged resulting from your failure to maintain sufficient funds in your Bank Account, such as overdraft fees, over-the-limit fees, insufficient fund charges, finance charges, and late fees.
Your bank, and not EarnIn, controls the timing for processing credits and debits (additions and subtractions) to and from your Bank Account. As a result, when EarnIn attempts to debit your Bank Account for amounts you authorized through your use of the Services, or you authorize a transfer of funds between various bank accounts, the way your bank processes credits and debits may result in overdrafts, insufficient funds fees, or other similar bank fees even if you believe that you have sufficient funds in your Bank Account. You are responsible for reviewing the terms of your Bank Account to understand your bank’s overdraft policy and how your bank posts debits and credits.
6. TEXT MESSAGING AND NOTIFICATIONS
a. Text Messaging.
EarnIn Updates | short code – 327646: By providing EarnIn with your wireless phone number, you agree that EarnIn may send you service-related text messages, such as account update, password reset, and device verification messages (“Service-Related Messages”). To stop receiving Service-Related Messages, reply “STOP” to any Service-Related Message you receive from EarnIn.
EarnIn Care | short code – 32766: In addition, EarnIn may send you text messages for marketing or promotional purposes (“
Marketing Messages”) if you opt-in to receive such messages. You are not required to receive Marketing Messages to use the Services. As noted in our
Privacy Policy, to stop receiving Marketing Messages, reply “STOP” to any Marketing Message you receive from EarnIn.
Message and data rates may apply to all text messages and message frequency may vary. For help regarding text messaging, reply “HELP” to any text message you receive from EarnIn or email us at care@earnin.com.
You represent that the wireless phone number you provided is your contact number and that you are permitted to receive text messages at that phone number. Wireless carriers are not liable for delayed or undelivered messages. We may modify or terminate our text messaging services from time to time without notice to you.
b. Push Notifications.
You agree to receive push notifications from us on your wireless device. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Services.
7. ACCEPTABLE USE OF THE SITES AND THE SERVICES
a. You agree that you will not:
i. use the Sites or the Services to engage in any fraudulent activity, or for activities that violate any law, statute, ordinance, regulation, or this Agreement;
ii. use the Sites or the Services in any manner that could damage, disable, overburden, or impair the Sites or the Services;
iii. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services;
iv. access the Sites by any means other than through the interface that is provided by EarnIn for use in accessing the Sites;
v. use or attempt to use any engine, software, tool, agent, or other device or mechanism, other than those required by law (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Sites or the Services; or
vi. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software making up a part of the Sites or the Services.
b. If we have reason to believe that you may have engaged in any activities restricted by this Agreement or by law, we may take various actions to protect ourselves, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:
i. terminating, suspending, or limiting your ability to use the Sites or the Services;
ii. terminating this Agreement;
iii. updating inaccurate information you provided to us;
iv. taking legal action against you; and
v. holding you liable to EarnIn for the damages caused by your violation of this Agreement.
8. RIGHTS YOU GRANT TO US
a. Third-Party Services.
By creating an EarnIn Profile, you authorize us to obtain information about you and your Bank Account that may be necessary to provide the Services. We may obtain such information directly, or indirectly through our third-party service providers, and such information may be obtained from your bank and other third-party websites and databases. You agree that our third-party service providers and the operators and owners of the third-party websites and databases also will be entitled to rely on this authorization. We do not review the accuracy of the information we obtain.
You agree that (i) when EarnIn is accessing and retrieving information about you or your Bank Account from third-party sites, EarnIn is acting as your agent, and not as the agent of, or on behalf of, the third party, and (ii) the Services are not sponsored or endorsed by any third parties.
b. License for Submitted Content.
Any content, remarks, suggestions, ideas, graphics, feedback, questions, or comments you submit to EarnIn will be referred to as a “Submission.” You grant to EarnIn a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all Submissions, and to incorporate any Submission into other works. If any "moral rights," "neighboring rights," or similar rights apply to any Submission and are not exclusively owned by EarnIn, you waive, and agree not to enforce or assign, or permit any third party to enforce or assign, any such rights. You agree that (i) Submissions will not be treated as confidential, (ii) EarnIn will have no obligation to compensate you for any Submissions, and (iii) EarnIn may use any Submission in its business (including for marketing or advertising) and EarnIn will not incur any liability for any similarities to your Submission that may appear in future EarnIn operations or businesses. EarnIn reserves the right to remove any Submission.
For each Submission, you represent that: (A) you have all of the licenses, rights, consents, and permissions necessary to grant EarnIn a license to your Submission and EarnIn’s use of your Submission will not infringe any other party’s intellectual property, privacy, proprietary, or publicity rights, or otherwise violate confidentiality obligations or applicable law; (B) your Submission does not contain any worms, viruses, or other code that could harm EarnIn or EarnIn’s users; (C) your Submission does not contain political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam;" (D) your Submission is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive; and (E) your Submission is accurate and if the Submission involves feedback about the Sites or the Services, your statements in the Submission are true and verifiable and reflect your actual experiences and beliefs. If you change the opinions stated in your Submission, you will notify us immediately.
9. EARNIN’S INTELLECTUAL PROPERTY RIGHTS
All content available in connection with the Sites, including all text, data, trade names, trademarks, service marks, layout, designs, images, artwork, icons, sound, video, animation, interfaces, and all intellectual property (collectively, the "Content"), and the selection and arrangement of the Content, is owned exclusively by EarnIn and its licensors or suppliers, as applicable. The Content is protected by United States and international intellectual property laws and EarnIn reserves all rights, title, and interest in and to the Content. You may not copy, reproduce, imitate, modify, publish, or use the Content without our prior written consent, and you may not use the Content in a manner that mischaracterizes EarnIn or display the Content in a manner that implies EarnIn’s sponsorship or endorsement.
10. CHANGES AND DISCLAIMERS
Changes to the Sites or the Services.
We reserve the right to change, suspend, or discontinue the Sites or the Services at any time. If you have an EarnIn Profile and we make material changes to the Sites or the Services, we will provide you notice of the changes before they become effective. If you object to the changes, you should stop using the Sites or the Services, as applicable. If you use the Sites or the Services after the effective date of any change, your continued use will be deemed to agree to such changes. You agree that EarnIn will not be liable to you or to any third party for any changes, suspensions, or discontinuance of the Sites or the Services.
No Advice.
The Services are not intended to provide legal, tax, or financial advice and EarnIn’s credit monitoring service is not a credit counseling service. EarnIn is not a financial planner, broker, or tax adviser and EarnIn does not promise to help you obtain a loan or improve your credit record, history, or rating. The Services are intended only to assist you in your financial organization and decision-making. Before using the Services or implementing any financial strategy, you should obtain advice from your accountant or other financial advisers who are fully aware of your individual circumstances. We are not responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions.
Alerts.
You agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. EarnIn makes commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. EarnIn will not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
11. NO WARRANTIES; LIMITATIONS OF LIABILITY
a. No Warranties.
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT ARE OFFERED AND MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. EARNIN AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, (I) REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT, (II) THAT THE CONTENT WILL BE FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE CODE OR COMPUTER PROGRAMMING ROUTINES, (III) REGARDING THE OPERATION OF THE SITES OR THE SERVICES, (IV) THAT THE SERVICES ARE APPROPRIATE FOR YOUR FINANCIAL NEEDS, OR (V) THAT THE SITES, SERVICES, OR CONTENT ARE APPROPRIATE FOR ACCESS OR USE OUTSIDE OF THE UNITED STATES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EARNIN AND ITS AFFILIATES AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SITES AND THE SERVICES IS AT YOUR SOLE RISK.
EARNIN AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING FROM ANY ERROR OR DELAY, NON-PERFORMANCE, OR INTERRUPTION OF THE SITES OR THE SERVICES.
NEITHER EARNIN, CSIDENTITY CORPORATION (“CSID”), NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN, OR PROVIDED IN CONJUNCTION WITH, EARNIN’S CREDIT MONITORING SERVICE.
b. Limitations of Liability.
UNDER NO CIRCUMSTANCES WILL EARNIN OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “EARNIN PARTIES'') BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES YOU MAY INCUR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITES OR THE SERVICES, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, EVEN IF THE EARNIN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER EARNIN, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES WILL HAVE ANY LIABILITY TO YOU AS AN AGENT IN OBTAINING COPIES OF: YOUR PERSONAL CREDIT REPORT, CREDIT ALERT REPORT, QUARTERLY UPDATE, OR CREDIT SCORE. NEITHER EARNIN, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL, OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE CREDIT MONITORING SERVICES, THE USE OR DISCLOSURE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION IN CONNECTION WITH THE CREDIT MONITORING SERVICES, OR YOUR REQUEST, USE, OR ATTEMPTED USE OF THE CREDIT MONITORING SERVICES. NEITHER EARNIN, CSID, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR CREDIT INFORMATION SUBCONTRACTORS ARE RESPONSIBLE FOR NEGATIVE FACTUAL INFORMATION CONTAINED IN ANY REPORTS YOU RECEIVE AS PART OF THE CREDIT MONITORING SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS IN THIS SECTION 11 MAY NOT APPLY TO YOU. IN THOSE STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
12. DISPUTE RESOLUTION BY BINDING ARBITRATION
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SECTION 12 (THE “ARBITRATION PROVISION”) AND UNDERSTAND THAT THESE PROVISIONS REQUIRE YOU AND EARNIN TO ARBITRATE CLAIMS ON AN INDIVIDUAL BASIS. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION PROVISION AS PROVIDED IN SECTION 12.j BELOW.
a. Applicability of Dispute Resolution Agreement.
There may be instances when you and EarnIn have a dispute or claim arising out of or related to the Sites or the Services, any communications between you and EarnIn, or the terms of this Agreement, including any prior versions of this Agreement (each, a “Dispute”). A Dispute includes claims based on events that occurred prior to the effective date of this Agreement and claims based on events that may arise after the termination of this Agreement. If you and EarnIn are unable to resolve the Dispute through the Informal Dispute Resolution process outlined below, you and EarnIn each agree that the Dispute will be resolved by binding arbitration, rather than in court, except that: (1) you or EarnIn may assert claims in small claims court if such claims qualify and remain in small claims court; and (2) you or EarnIn may seek equitable relief in court for infringement or other misuse of the other party’s intellectual property rights.
b. Informal Dispute Resolution.
For any Dispute, EarnIn is committed to working with you to reach a prompt and fair resolution. You and EarnIn agree to participate in good faith informal efforts to resolve the Dispute before starting an arbitration or filing an action in small claims court (“Informal Dispute Resolution”). This Informal Dispute Resolution process is mandatory for all Disputes and will last sixty (60) days from the date that you or EarnIn, as applicable, receive a written notice of the Dispute that meets the requirements described below.
If a Dispute arises, the party making the claim must provide written notice to the other party (the “Notice”).
If you are providing Notice to EarnIn,
email your Notice to: legal-notices@earnin.com, or mail your Notice to: EarnIn, Attn: Legal Department, 391 San Antonio Rd., Floor 3, Mountain View, CA 94040.
Your Notice must: (1) include your name, telephone number, mailing address, and email address associated with your EarnIn account (if applicable), (2) include a specific description of the Dispute and what you would like EarnIn to do in order to resolve the Dispute, and (3) your signature.
If EarnIn is providing Notice to you, EarnIn will send the Notice to the email or mailing address that EarnIn has on file for you. It is your responsibility to keep this information accurate and up-to-date. In its Notice, EarnIn will include a specific description of the Dispute and what EarnIn would like you to do to resolve the Dispute.
As part of the Informal Dispute Resolution process, either you or EarnIn may request a conference by telephone or video to discuss the Dispute (an “Informal Dispute Resolution Conference”). You and an EarnIn representative must both personally participate in the Informal Dispute Resolution Conference, if requested by either party; any counsel representing you or EarnIn may also participate. If you or EarnIn requests an Informal Dispute Resolution Conference, the conference will take place at a mutually agreeable time (which can be after the 60-day period). Each Informal Dispute Resolution Conference will address only your Dispute, even if other people have similar disputes, or are represented by the same lawyer(s) or organization(s). If you or EarnIn request an Informal Dispute Resolution Conference, neither party will initiate an arbitration proceeding until after the Informal Dispute Resolution Conference is completed or the request for the conference is withdrawn. The statute of limitations and any filing deadlines will be suspended during the Informal Dispute Resolution process.
c. Trial Waiver.
EXCEPT AS ALLOWED IN THE “APPLICABILITY OF DISPUTE RESOLUTION AGREEMENT” SECTION ABOVE, YOU AND EARNIN WAIVE ANY RIGHTS TO SUE EACH OTHER IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and EarnIn are instead agreeing that all Disputes will be resolved by arbitration under this Dispute Resolution Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
d. Waiver of Class and Other Non-Individual Relief.
YOU MAY ONLY BRING CLAIMS AGAINST EARNIN ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND YOU WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE TO YOU. Subject to this Dispute Resolution Agreement, the arbitrator may only award individual relief, such as monetary or injunctive relief, to you, and only to the extent necessary to resolve the Dispute. Nothing in this subsection is intended to, nor will it, limit any provisions under Subsection 12(i) entitled “Batch Arbitration.” Regardless of any other term of this Dispute Resolution Agreement to the contrary, if a final decision (one that cannot be appealed), finds that this subsection, “Waiver of Class and Other Non-Individual Relief,” is invalid or unenforceable for a particular claim or request for relief in a Dispute (such as a request for public injunctive relief), you and EarnIn agree that only that particular claim or request for relief will be severed from the arbitration and may be litigated in the state or federal courts located in Santa Clara County, California. You and EarnIn agree that any claims or requests for relief that are severed from an arbitration will be stayed until all other claims in the arbitration are resolved. This subsection does not prevent you or EarnIn from participating in a class-wide or mass settlement of claims.
e. Rules and Forum.
The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Dispute Resolution Agreement, including the procedures governing Batch Arbitration (as described below), and any arbitration. If a Dispute is not resolved through the Informal Dispute Resolution process by the later of (a) sixty (60) days after you or EarnIn, as applicable, receives a Notice, or (b) the completion of the Informal Dispute Resolution Conference, either you or EarnIn may seek to resolve the Dispute through binding arbitration.
Arbitration will be administered by National Arbitration & Mediation ("
NAM”) following the NAM Comprehensive Dispute Resolution Rules and Procedures (the “
NAM Comprehensive Rules”) in effect at the time of the arbitration. The NAM Comprehensive Rules shall be supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “
NAM Mass Filing Rules” and, together with the NAM Comprehensive Rules, the “
NAM Rules”), or modified by this Dispute Resolution Agreement. The NAM Rules are currently available at
https://www.namadr.com/resources/rules-fees-forms/.
If you or EarnIn want to begin an arbitration, you or EarnIn, as applicable, must provide the other party with an individualized request for arbitration (the “Demand”). The Demand must include: (a) the name, phone number, mailing address, email address, and account username (if applicable) of the party bringing the claim; (b) a description of the legal claims and the facts supporting them; (c) the relief the party is seeking and a good-faith estimate of the amount at issue (in U.S. dollars); (d) a statement certifying that the Informal Dispute Resolution process has been completed; and (e) a statement certifying that the party will pay any required arbitration filing fees.
If you are sending a Demand to EarnIn,
email your Demand to: legal-notices@earnin.com, or mail your Demand to: EarnIn, Attn: Legal Department, 391 San Antonio Rd., Floor 3, Mountain View, CA 94040. If EarnIn is sending a Demand to you, EarnIn will send the Demand to the email or mailing address currently on file. It is your responsibility to keep this information accurate and up-to-date.
If the party requesting arbitration is represented by a lawyer, the Demand must include the lawyer’s name, telephone number, mailing address, and email address. The lawyer must also sign the Demand, certifying to the best of the lawyer’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (the “Lawyer Certification”).
Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is for any reason unavailable to administer the arbitration, the parties agree that the arbitration shall be conducted by JAMS under its Comprehensive Arbitration Rules and Procedures. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”).
You and EarnIn agree that all materials and documents exchanged during the arbitration proceedings will be kept confidential and will not be shared with anyone except the parties’ attorneys, accountants, or business advisors, or as required by law including by state or federal regulators, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
f. Arbitrator.
The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties in accordance with the NAM Rules, provided that if the Batch Arbitration process under subsection 12(i) is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to either party’s right to object to that appointment.
g. Authority of Arbitrator.
The arbitrator will have exclusive authority to resolve any Dispute, including, without limitation, Disputes regarding the interpretation, application, enforceability, revocability, scope, or validity of any portion of this Dispute Resolution Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individual Relief” will instead be decided by a court of competent jurisdiction. The arbitrator will have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Except as otherwise required by applicable law, any damages awarded by the arbitrator must be consistent with the terms of the “Limitations of Liability” section above. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
h. Attorneys’ Fees and Costs.
Unless fee shifting is specifically authorized by law or by the NAM Rules, the parties will bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent the arbitrator determines, following a party’s presentation on the merits and the other party’s response, that a party who commenced arbitration did not bring its claim(s) consistent with the Lawyer Certification or the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator has the discretion, as part of its award, to impose sanctions by ordering that the party that issued the Demand reimburse the other party for all arbitration filing and administrative fees and arbitrator costs paid by that party under the Fee Schedules.
i. Batch Arbitration.
To help with efficient resolution of arbitrations, you and EarnIn agree that if there are 25 or more individual demands of a substantially similar nature filed against EarnIn by or with the assistance of the same law firm, group of law firms, or organizations, the following process (“Batch Arbitration”) will apply:
NAM will group the individual demands into batches of up to 100 cases per batch for administration.
One arbitrator will be appointed for each batch.
Each batch will proceed on a consolidated basis, including:
One set of fees per batch;
One procedural calendar;
One hearing (if any) at a location chosen by the arbitrator; and
One final award providing all relief the arbitrator determines each individual party is entitled to in the batch.
NAM will administer all batches concurrently, where possible.
All parties agree that demands are of a “substantially similar nature” if they (i) relate to the same event or factual scenario, (ii) raise the same or similar legal issue(s), and (iii) seek the same or similar relief. If the parties disagree on the application of the Batch Arbitration process, the disagreeing party will advise NAM, and NAM will appoint, according to the NAM Rules, a sole administrative arbitrator to determine the applicability of the Batch Arbitration process. To expedite the administrative arbitrator’s resolution of the dispute, the parties agree the administrative arbitrator may determine the procedures that are necessary to resolve the dispute promptly. EarnIn will pay the administrative arbitrator’s fees.
You and EarnIn agree to cooperate in good faith with NAM to implement the Batch Arbitration process, including the payment of single filing and administrative fees for batches of demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar for the arbitration proceedings.
This Batch Arbitration provision will in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
j. 30-Day Right to Opt-Out.
You may opt out of this Dispute Resolution Agreement within 30 days after first becoming subject to this Agreement by sending an opt-out notice to legal-notices@earnin.com or by regular mail to EarnIn, Attn: Legal Department, 391 San Antonio Rd., Floor 3, Mountain View, CA 94040 . You will be subject to this Dispute Resolution Agreement unless and until we receive the Opt-Out Notice within the applicable 30-day period. The Opt-Out Notice must clearly state that you are opting out of this Dispute Resolution Agreement and must include your name, address, the email address associated with your EarnIn Account (if you have one), and your signature. An Opt-Out notice will only be valid if you send it to EarnIn. Any opt-out notice submitted by a third party claiming to act on your behalf will not be effective. If you opt out of this Dispute Resolution Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Dispute Resolution Agreement will not affect (a) any other arbitration agreements that you may currently have with us, including any previous binding arbitration provisions to which you agreed and did not timely opt out, which will remain in effect, and (b) any arbitration agreements with us you may enter in the future.
k. Invalidity, Expiration.
Except as provided in the subsection entitled “Waiver of Class or Other Non-Individual Relief,” if any part or parts of this Dispute Resolution Agreement (other than Subsection 12(i)) are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of this Dispute Resolution Agreement will continue in full force and effect. However, if Subsection 12(i) of this Dispute Resolution Agreement is found under the law to be invalid or unenforceable then, in that case, this entire Dispute Resolution Agreement will be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Santa Clara County, California. You further agree that any Dispute that you have with EarnIn as detailed in this Dispute Resolution Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
l. Modification.
Regardless of any other term of this Agreement to the contrary, EarnIn will notify you of any future material change to this Dispute Resolution Agreement. If you have previously agreed to a version of this Agreement with an arbitration agreement and you did not validly opt out of arbitration then, changes to this Dispute Resolution Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. If you use the Sites or the Services after the effective date of any change to this Dispute Resolution Agreement, your continued use will be deemed your agreement to such changes. EarnIn will continue to honor any valid opt outs of the arbitration provisions that you made to a prior version of this Agreement.
13. MISCELLANEOUS
Except as otherwise required by applicable law, this Agreement will be governed by, and all Disputes will be resolved in accordance with, the laws of the State of Delaware, without regard to its conflicts of law rules. If you or EarnIn do not exercise any available legal right or remedy, those rights or remedies will not be waived and will remain available. You may not assign or transfer your rights or obligations under this Agreement without EarnIn’s prior written consent.
All covenants, agreements, disclaimers, waivers, representations, and warranties made in this Agreement, including the Dispute Resolution Agreement, will survive the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and EarnIn regarding your use of the Sites and the Services, and this Agreement supersedes all other previous agreements between you and EarnIn.
14. ENTIRE AGREEMENT
No waiver by the Company of any term or condition set out in the Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EarnIn to assert a right or provision under the Terms of Service shall not constitute a waiver of such right or provision.
If any provision of the Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
This Agreement represents the entire understanding and agreement between you and EarnIn regarding your use of the Sites and the Services, and this Agreement supersedes all other previous agreements between you and EarnIn.
15. NOTICE TO CALIFORNIA CUSTOMERS
EarnIn is not currently licensed by the California Department of Financial Protection and Innovation (the “Department”). If the Department does decide in the future to license EarnIn, and/or require EarnIn to make modifications to its advance pay product agreement, such developments may have no impact on your obligations under this Agreement. Although EarnIn is not licensed by the Department, any consumer is invited to share any comments or concerns about EarnIn or its products and practices with the Department at (866) 275-2677 (toll-free) or at the following URL: https://dfpi.ca.gov/file-a-complaint/. 16. NOTICE TO SOUTH CAROLINA CUSTOMERS
The South Carolina Department of Consumer Affairs (the “
S.C. Department”) may be reached at
https://consumer.sc.gov and the telephone number for the S.C. Department is 803-734-4200.
17. NOTICE TO UTAH CUSTOMERS
You may report complaints related to an earned wage access service provider to the Utah Division of Consumer Protection by calling toll-free at 1(800) 721-7233 or online at
https://dcp.utah.gov.
18. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you are a copyright owner or an agent of a copyright owner and believe that any content posted by an EarnIn user infringes upon your copyrights, you may notify EarnIn pursuant to the Digital Millennium Copyright Act (“DMCA”).
Your DMCA notice must be in writing and sent to EarnIn, Attn: Legal Department, 391 San Antonio Road, Third Floor Mountain View, CA 94040, or to legal-notices@earnin.com, and must include the following information:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you do not satisfy all of the requirements set forth above, your DMCA notice may not be valid.
Counter-Notice: If your content was removed, or access to your content was disabled, and you believe that your content is not infringing, or that you have the authority to post and use the material in your content, you may send a counter-notice to EarnIn. The counter-notice must contain the following information:
i. Your physical or electronic signature;
ii. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
iv. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If EarnIn receives a counter-notice, EarnIn may send a copy of the counter-notice to the original complaining party informing that party that EarnIn may reinstate the removed content or cease disabling it in ten (10) business days. Unless the complaining party seeks a court order against the content provider, EarnIn may reinstate the removed content, or restore access to it, at least ten (10) business days after receipt of the counter-notice, at EarnIn’s sole discretion.
EarnIn’s policy is to terminate the EarnIn Profile of those who are repeatedly charged with infringement.
If you have questions regarding this Agreement or EarnIn’s practices, please live chat with the EarnIn team through the EarnIn App, or contact us by using one of the following methods:
Mail:
EarnIn
Attn: Customer Care
391 San Antonio Road, Third Floor
Mountain View, CA 94040
Phone: 888-551-1784
Email: care@earnin.com
Complaints: complaints@earnin.com
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